stock wherof ech part doth spring the disabling of the same stock afterwards by attainders or otherwise the bastardies or other particuler impedimēts that may haue fallen vppon ech discent or branch therof al thes thinges said he may alter the course of common supposed right in him or her that is taken to be next in blood as prouing them not to be truly and lawfully the nerest though they be the next in degree As for example said he the whole multitude of competitors or pretenders which I conceaue may come in consideration or haue action or clayme to the crowne after her Maiesty that now is may be reduced to three or fower first heads or principal stocks to wit to the house of Lancaster a part as descendcd of Iohn of Gant Duke of Lancaster by his first wife Blanche sole heyre of the Duchie of Lancaster And of this branch or stock the most knowne of-spring in thes our dayes are thos Princes that are lineally discended of Don Iuan the first surnamed de boa memoria tenth king of Portugal who marryed with Philip the eldest daughter of the saide Iohn of Gant by his first wife Blanche and thes Princes are king Phillip of Spayne now king also of Portugal the Dukes of Parma and Braganza who descended of the same race as also the Duke of Sauoy one degree after them The second stock is of the house of yorke a part descending of George the Duke of Clarence second brother to king Edward the fourth who being put to death by the kings order in Cales left a daughter by whom are descended the Earle of Huntington with his brothers which also haue children and the ofspring of Geffrey Pole and Sir Thomas Barrington who marryed the other sister of her that was marryed to the Hastings The third stock was in king Henry the seuenthe who being himselfe of the house of lancaster and warying the eldest daughter of Edward the fourth of the house of yorke is presumed to haue ioyned thes two houses together and from this man by his two daughters for of his sonne who was king Henry the eight ther remayneth only the Queeue that now is ther hath proceeded the house of Scotland deuided into the famylies of the king of Scots and Arbella as also the progeny of the two Earles yet liuing of Hartford and Darby Vnto thes three heads which are commonlie knowen to al men some of ourdayes do add also a fourth which may seeme more ancient then ether of al thes three to wit by the Dukes of Brytaine who are discended dyuers wayes of the blood royal of Ingland as maye easely be declared whose heire at this day by lineal discent is the Enfanta of Spaine named Dona Ysabella Clara Eugenia daughter to king Philipp So that heerby wee come to discouer no lesse then ten or eleuen famylies that may pretend and haue al of them frends in Ingland and els wher as yesterday I told you who do not fayle in secret to negotiat and lay plotts for them for that ther are none of thes so far of but to their frends it seemeth the tymes standing as they do that reasons may be giuen for their preferment and good hope conceaued of preualying You do wel to adde said a Captayne ther present the tymes standing as they do or at least wise as they are like to stand when this matter must come to trial at what tyme I beleue not you lawyers but we souldiars must determyne this title and then no doubt if ther were not only thes tenn by you named but twenty moore also of the blood royal that would pretend and had frends and money to stand by them we should admit their causes to examination and perhapps giue sentence for him that by your lawes would sonest be excluded for whe matters come to snatching it is hard to say who shal haue the bet ter part I do not ad this circumstance of the tyme said the lawyer as though it were the only or principal poynt which maketh doubtful the matter of successiō though I confesse that it helpeth ther-vnto greatly in respect of the great variety of mens affections at this day in religion which do incline them commonly to iudge for him whom they best loue but besids this I do say that were the tymes neuer so quiet and religion neuer so vniforme yet are ther great doubtes in many mens heades about the lawfulnes of diuers pretentions of the famylies before named but if you adde vnto this the said wonderfull diuersity in matters of religiō also which this tyme yealdeth you shal finde the euent much more doubtfull and consequently it is no maruaile though many may remaine in hope to preuaile seing that wher many are admitted to stand for a preferment ther diuers may haue probality also of speeding An example you may take said the Ciuiliā lawyer in the Roman Conclaue at the popes election wher among three or sower score Cardinales that enter in for electors few ther are that haue not hope also to be elected not for that they see themselues all as well qualified as others but because oftentymes when diuers that are more forward by likely hode cannot be agreed vppon it falleth to the lott of hun that is fardest of and so it may among your pretender's quoth he in Ingland Your example said the temporal lawyer confirmeth somewhat of that I meane though it be not al togeather in like matter or maner for that the pope is made by electiō here we talke of a king by succession Your succession said the Ciuilian includeth also an election or approbation of the common wealth and so doth the succession of al kings in Christendome besides as wel appeareth by the manner of their new admission at their coronations wher the people are demaunded agayne if they be content to accept such a man for their King thoughe his title of neernes by blood be neuer so cleere And therfore much more it is like to be in this case of Inglish pretenders now wher their lawful neernes in blood is so doubtful as you haue signified so I do come to confirme your former proposition of the doubtfulnes of the next successor in Ingland with an other reason besids that which you haue alleaged of the ambiguity of their true propoinquity in blood for I say further that albeit the neernes of each mans succession in blood were euidently knowne yet were it very vncertayne as things now stand in Ingland and in the rest of Christendome rownd about who should preuaile for that it is not enough for a man to be next only in blood therby to pretend a crowne but that other circumstances also must concurre which if they want the bare propinquity or ancetrie of blood may iustly be reiected and he that is second third fourth fifth or last may lawfully be preferred before the first and this by al law both diuine and
to Stephen countie Palatine of Bloys Champagne and Chartres in France and the other two Polidor saith dyed before they were marryed and so their names vvere not recorded These are the children of king William the Conqueror among whom after his death ther vvas much strife about the succession For first his eldest sonne duke Robert vvho by order of ancestrie by birthe should haue succeded him in al his estares was put back first from the kingdome of Ingland by his third brother William Rufus vppon a pretence of the Conquerors vvil and testament for perticuler affection that he had to this his said third sonne William though as Stow writeth almost al the nobility of Inglande vvere against Williās entrance But in the end agreement vvas made between the two brothers vvithe condition that if William should dye vvithout issue then that Robert should succed him and to this accord both the princes themselues and twelue principal peeres of ech side vvere sworne but yet after when VVilliam dyed vvithout issue this vvas not obserued but Henry the fourth sonne entred and depriued Robert not only of this his succession to Ingland but also of his dukedome of Normandie that he had enioyed peaceably before al the tyme of his brother Rufus and moreouer he toke him prisoner so caryed him into Ingland and ther kept him vntil his death which happened in the castle of Cardif in the yeare 1134. And vvhereas this Duke Robert had a goodly prince to this sonne named VVilliam who vvas duke of Normandy by his father earle of Flanders in the right of his grand mother that was the Cōquerors wife daughter of Baldwin Earle of Flanders as hath bin said and vvas established in both these states by the help of Lewys the 6. surnamed le gros king of France and admitted to do homage to hym for the saide states his vncle king Henry of Englād was so violent against him as first he draue him out of the state of Normandy and secondly he set vp and maynteyned a competitor or two against him in Flanders by whome finally he was slaine in the yeare of Christ 1128. before the towne of Alost by an arrow after he had gotten the vppet hand in the feild and so ended the race of the first sonne of king William the Conqueror to wit of duke Robert vvhich Robert liued after the death of his saide sonne and heyre duke VVilliam six yeares in prison in the castel of Cardife and pyned avvay vvith sorrow and miserie as both the Frenche and Inglishe histories do agree The second sonne of the Conqueror named Richard dyed as before hath bin sayde in his fathers tyme and left no issue at al as did neither the third sōne Williā Rufus though he reigned 13. yeares after his father the Conqueror in which tyme he established the successiō of the crowne by consent of the stares of Ingland to his elder brother duke Roberts issue as hath bin saide though afterward it was not obserued This Kinge Rufus came to the crowne principally by the help and fauour of Lanfrancus Archbishop of Canterbury who greatly repēted himselfe afterward of the error vvhich in that point he had committed vppō hope of his good gouerment which proued extreeme euel But this king William Rufus being slayne afterward by the error of a crosbow in newforest as is vvel knowne and this at such tyme as the foresaid duke Robert his elder brother to vvhom the crowne by succession apparteyned was absent in the vvarr of the holy land vvher according as most authors do vvrit he vvas chosen king of Hierusalem but refused it vppon hope of the kingdome of Ingland But he returning home foūde that his fowerth brother Henry partly by fayre promises and partly by force had inuaded the crowne in the yeare 1100. and so he reygned 35. yeares and had issue diuers sonnes and daughters but al vvere either drowned in the seas comming out of Normandie or els dyed otherwise before their father except only Mathildis vvho vvas first marryed to Henry the Emperor fift of that name and after his death without issue to Geffrey Platagenet duke of Anjow Tourayne and Mayne in France by whom she had Henry which reigned after king Stephen by the name of Henry the second and thus much of the sonnes of William the Conqueror Of his two daughters that lyued to be maryed and had issue the elder named Constance vvas maryed to Alayn fergat duke of Britanie vvho vvas sonne to Hoel earle of Nantes and vvas made duke of Britanie by VVilliam Cōquerors meanes in manner following Duke Robert of Normandy father to the Conqueror vvhen he went in pilgrimage vnto the holy land in which voyage he dyed left for gouernour of Normandy vnder the protection of king Henry the first of france duke Alayne the first of Britanie vvhich Allayn had issue Conan the first vvho being a stirringe prince of about 24. yeares old when duke VVilliam began to treat of passing ouer into Ingland he shewed himselfe not to fauour much that enterprise which duke VVilliam fearing caused him to be poysoned vvith a payre of perfumed gloues as the French stories do report and caused to be set vp in his place and made duke one Hoel earle of Nantes who to gratifie VVilliam sent his sonne Alaine surnamed Fergant with 5000. souldiars to passe ouer into Ingland vvith him and so he did VVilliam afterward in recompēce heer-of gaue him his eldest daughter Constantia in mariage vvith the earldome of Richmond by vvhom he had issue Conan the second surnamed le gros who had issue a sonne and a daughter The sonne vvas called Hoel as his grand father was and the daughters name was Bertha marryed to Eudo Earle of 〈◊〉 in Normandy for that this duke Conan liked better his daughter and his sonne in law her husband then he did Hoel his owne sonne he disauowed him in his death bedde and made his said daughter his heyre who had by the said Eudo a sonne named Conan surnamed the yonger which vvas the third duke of that name and this man had one only daughter and heyre named Lady Constance who whas marryed to the third sonne of king Henry the second named Geffrey elder brother to king Ihon that after came to rayne by this Lord Geffrey she had issue Arthur the second duke of Britanie whom king Iohn his vncle put back from the crowne of Ingland and caused to be put to death as after shal be shewed and he dying without issue his mother Constance duchesse heyre of Britanie marryed agayne vvith a prince of her owne house vvhom after vve shall name in the prosecution of this lyne and by him she had issue that hath indured vntil this day the last vvherof hitherto is the lady Isabella infanta of Spaine that other of Sauoy her sister whom by this meanes we se to haue
ancient lyne of Lancaster ther vvant not noble houses vvith in the realme at this day issued thence before the cōttouersie fell out betweene yorke this family of vvhich controuersie how it rose and how it vvas continued I shall now begyn to make more particuler declaration taking my begining from the children of king Edward the third who vvere the causers of this fatal dissention OE THE SVCCESSION OF INGLISH KINGES FROM KING EDVARD THE THIRD VNTO OVR dayes with the particuler causes of dissention betweene the families of yorke and Lancaster more largly declared CAP. III. KING Edward the third surnamed by the English the victorious though he had many children wherof some dyed vvithout issue vvhich appertaine not to vs to treat of yet had he fiue sonnes that lest issue behinde them to wit Edward the eldest that was prince of Wales surnamed the black Prince Leonel duke of Clarence vvhich vvas the 2. sonne Iohn of Gant so called for that he vvas borne in that citye that vvas the third sonne and by his wife was duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also borne ther and vvas duke of Yorke last of al Thomas the fift sonne surnamed of Woodstocke for the same reason of his birth and vvas duke of Glocester Al these fiue dukes being great princes and sonnes of one king left issue behinde them as shal be declared and for that the discendents of the third and fourth of these sonnes to wit of the dukes of Lancaster and Yorke came afterward to striue who had best title to reigne therof it came that the controuersie had his name of these two familes vvhich for more distinctiō sake the better to be knowne tooke vppon them for their ensignes a rose of two different colures to wit the white rose and the redd as al the vvorld knoweth wherof the vvhite serued for Yorke and the redd for Lancaster To begyn then to shew the issue of al these fiue princes it is to be noted that the two elder of them to wit prince Edward and his second brother Leonel Duke of Clarence dyed both of them before king Edward their father and left each of them an heyre for that Prince Edward left a sonne named Richard vvho succeded in the crowne immediatly after his grādfather by the name of king Richard the secōd but aftervvard for his euel gouerment vvas deposed and dyed in prison vvithout issue and so vvas ended in him the succession of the first sonne of king Edward The second sonne Leonel dying also before his father left behind him one only daughter and heyre named Phillip who was marryed to one Edmond mortimer Earle of march and he had by her a sonne and heyre named Roger mortimer vvhich Roger had issue two sonnes named Edmond and Roger which dyed both without children and one daughter named Ann mortimer vvhich was marryed vnto Richard Plantaginet earle of Cambrige second sonne vnto Edmond Langly duke of Yorke vvhich duke Edmond vvas fourth sonne as hath bin said vnto king Edward the third and for that this Richard Plantaginet marryed the said Anne as hath bin saide hereby it came to passe that the house of Yorke ioyned two titles in one to wit that of Leonel duke of Clarence vvhich was the secōd sonne of K. Edward the third that of Edmond langly duke of yorke which vvas the fourth sonne and albeit this Richard Plantaginet him selfe neuer came to be duke of Yorke for that he was put to death whiles his elder brother lyued by king Henry the fift for a conspiracy discouered in South hampton against the said king vvhen he vvas going ouer into france vvith his army yet he left a sonne behind him named also Richard vvho afterward came to be duke of Yorke by the death of his vncle vvhich vncle vvas 〈◊〉 soone after in the battel of Egēcourt in France this Richard began first of al to prosecute openly his quarrel for the title of the crowne against the house of Lancaster as a litle afterward more in particuler shal be declared as also shal be shewed how that this 2. Richard duke of Yorke being slame also in the same quariel left a sonne named Edward earle of march who after much trooble gat to be king by the name of king Edward the 4. by the oppression and putting downe of king Henry the 6. of the house of Lancaster and was the first king of the house of Yorke vvhose geuealogie vve shal lay downe more largly aftervvards in place conuenient And nowe it followeth in order that vve should speak of Iohn of Gaūt the third sonne but for that his discent is great I shal first shew the discent of the fifth and last sonne of king Edward who vvas Thomas of Woodstock duke of Glocester and earle of Buckingham that vvas put to death afterward or rather murthered wrongfully by order of his nephew king Richard the second and he left only one daughter and heyre named Anna vvho vvas marryed to the L. Stafford vvhose familie aftervvard in regard of this marriage came to be dukes of Bucking ha vvere put downe by king Richard the third and king Henry the eight albeit some of the blood and name do remayne yet stil in Ingland And thus hauing brought to an end the issue of three sonnes of king Edward to wit of the first second fift touched also some what of the fourth ther resteth to prosecute more fully the issues discēts of the third fourth sonnes to vvit of Iohn of Gaunt duke of Lācaster and of Edmond Langly duke of Yorke which are the heades of these two noble families which thing I shal do in this place vvith al breuity and perspecuity possible begining first vvith the house of Lancaster Iohn of Gaunt third sonne of king Edward being duke of Lancaster by his wife as hath bin said had three wiues in al and by euery one of them had issue though the bishop of Rosse in his great Latin arbor of the genealogies of the kings of Ingland printed in Parris in the yeare 1580. assigneth but one wife only to this Iohn of Gaunt and consequently that al his childen were borne of her which is a great and manifest error and causeth great confusion in al the rest which in his booke of the Queene of Scots title he buyldeth hereon for that it being euident that only the first wife vvas daughter and heyre of the house of Lancaster and Iohn of Gant duke therof by her it followeth that the children only that vvere borne of her can pretend properly to the inheritance of that house and not others borne of Iohn of Gaunt by other wiues as al the vvorld vvil confesse First then as I haue said this Iohn of Gaunt marryed Blanch daughter and heyre of Henry duke of Lancaster and had by her one sonne only and two daughters The sonne was called Henry earle first of Darby
anno Domini 1397. he caused al his said issue to be legitimated which he had begotten vppon this lady Swinford before she vvas his wife But now to go foreward to declare the issue of thes three sonnes of Iohn of Gaunt by Catherine Swinford two of them that is Thomas duke of Excester and Henry Cardinal and Bishop of Winchester dyed vvithout issue Iohn the eldest sonne that vvas earle of Somerset had issue two sonnes Iohn and Edmond Iohn that vvas duke of Somerset had issue one only daughter named Margeret vvho vvas married to Edmond Tidder earle of Richmond by whom he had a sonne named Henry earle also of Richmond vvho after vvas afterward made king by the name of Henry the seuēth was father to K. Henry the eight and grand father to the Q. maiestie that now is this is the issue of Iohn the first sonne to the duke of Somerset Edmōd the secōd sonne to Iohn earle of Somerset was first earle of Mortaine and then after the death of his brother Iohn vvho dyed vvithout issue male as hath bin said vvas created by king Henry the sixte duke of Somerset and both he and almost al his kyn vvere slayne in the quarrel of the said king Henry the 6. and for defence of the house of Lācaster against York For first this Edmōd himselfe was slayne in the battel of S. Albanes against Richard duke and first pretender of Yorke in the yeare 1456. leauing behind him three goodly sonnes to wit Henry Edmond Iohn vvherof Henry succeded his father in the duchy of Sommetset and vvas taken and beheaded in the same quarrel at Exham in the yeare 1463. dying vvithout issue Edmond likewise succeded his brother Henry in the duchy of Sommerset and vvas taken in the battel of Tewkesbury in the same quarrel and ther beheaded the 7. of May 1471. leauing no issew Iohn also the third brother marques of Dorset vvas slayne in the same battel of Tewkesbury and left no issue and so in these tvvo noble men ceased vtterly al the issue male of the line of Lancaster by the children of Iohn of Gaunt begotten vppon lady Swinford his third vvife so that al vvhich remayned of this vvoman vvas only Margeret Countesse of Richmond mother to king Hēry the 7. which king Henry the 7. and al that do descende from him in Ingland or out of Inglande do hold the right of Lancaster only by this third mariage of Catherine Swinford as hath bin shewed and no wayes of Blanch the first vvife or of Constance the second and this is enough in this place of the discents of Iohn of Gaunt and of the house of Lancaster and therfore I shal now passe ouer to shew the issue of the howse of York I Touched breefly before how Edmond Langley duke of Yorke fourth sonne of king Edward the third had two sonnes Edward earle of Rutland and duke of Aumatle that succeded his father afterward in the duchy of Yorke and vvas slayne vvithout childrē vnder king Henry the 5. in the battayle of Egencourt in France and Richard earle of Cambridge vvhich marryed lady Anne Mortimer as before hath bin said that was heyre of the house of Clarence to wit of Leonel duke of Clarence second sonne to king Edward the third by vvhich marriage he ioyned together the two titles of the second fourth sonnes of king Edward and being himselfe conuinced of a conspiracy against king Henry the 5. vvas put to death in Southampton in the yeare of Christ 1415. and third of the reygne of king Hēry the 5. and fift day of August This Richard had issue by lady Anne Mortimer a sonne named Richard vvho succeded his vncle Edward duke of Yorke in the same duchy and afterward finding himselfe strong made clayme to the crowne in the behalfe of his mother and declaring himselfe chiefe of the faction of the white rose gaue occasion of many cruel battailes against them of the red rose and house of Lancaster and in one of the battels vvhich vvas giuen in the yeare 1460. at Wakfilde himselfe was slayne leauing behind him three sonnes Edward George and Richard wherof Edward vvas afteward king of Ingland by the name of Edward the fourth George was duke of Clarence and put to death in Calis in a butte of secke or malmesie by the commandement of the king his brother Richard was Duke of Glocester and afterward king by murthering his owne two nephewes and was called king Richard the third Edward the eldest of these three brothers which afterward was king had issue two sonnes Edward Richard both put to death in the tower of London by ther cruel vncle Richard he had also fiue daughters the last fowre wherof I do purposly omitt for that of none of them ther remayneth any issue but the eldest of al named Elizabeth was marryed to king Henry the 7. of the house of Lancaster and had by him issue king Henry the 8. and tvvo daughters the one marryed vnto Scotlād vvherof are discended the king of Scots and Arbella the other matryed to Charles Brandon duke of Suffolk vvherof are issued the children of the earles of Hartford and Darby as after more at large shal be handled and this is the issue of the first brother of the house of Yorke The second brother George duke of Clarence had issue by his wife lady Isabel heyre to the earldomes of Warwick and Salisbury one sonne named Edward earle of Warwick vvho vvas put to death afterward in his youth by King Henry the 7. and left no issue this duke George had also one daughter named Margaret admitted by King Henry the eight at what tyme he sent her into wales with the princesse Mary to be coūresse of Salisbury but yet marryed very meanely to a knight of vvales named Syr Richard Poole by whom she had foure sonnes Henry Arthur Geffrey and Renald the lastvvherof vvas Cardinal and the other two Arthur and Geffrey had issue for Arthur had two daughters Mary and Margaret Mary was married to Sir Iohn Stanny Margaret to Sir Thomas fitzharbert Sir Geffrey Poole had also issue an other Geffrey Poole and he had issue Arthur and Geffrey which yet liue Now then to returne to the first sonne of the countesse of Salisbury named Henry that vvas Lord Montague and put to death both he and his mother by king Henry the 8. this man I say left two daughters Catherine and vvenefred Catherine was married to Sir Francis Hastings earle of Huntington by vvhich marriage issued Sir Henry Hastings now earle of Huntington and Sir Georg Hastings his brother who hath diuers children And Wenefred the yonger daughter vvas married to Sir Thomas Barington knight vvho also wanteth notissue and this is of the second brother of the house of Yorke to vvit of the duke of Clarence The third brother Richard duke of Glocester and afterward king left no issue
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
frosard sayeth he had but three shippes only out of Britanie and Walsingham saith he had but 15. Lances and 400. footmen and the additions to Polychronicon as before I noted do auouch that when he landed at Rauenspurt in the county of Yorke he had but threescore men in al to begin the reformation of his realme against so potent a tyrant as King Richard was then accompted and yet vvas the concourse of al people so great and general vnto him that within few dayes he achiued the matter and that without any battaile or bloodshed at al thus much for the iustnes of the cause But now if we vvil consider the manner and forme of this act they of Lancaster do affirme also that it could not be executed in better nor more conuenient order First for that it vvas done by the choise and inuitation of al the realme or greater and better parte therof as hath bin said Secondly for that is vvas done vvithout slaughter and thirdly for that the king vvas deposed by act of parlament and himselfe conuinced of his vnworthy gouerment and brought to confesse that he vvas vvorthely depriued and that he vvillingly and freely resigned the same nether can their be any more circumstances required saye these men for any lavvful deposition of a Prince And if any man wil yet obiect and saye that notwithstanding al this their vvas violence for that duke Henry was armed and by force of armes brought this to passe they of Lancaster do answere that this is true that he brought the matter to an Roboam for the sinnes of Salomon his father and yet spare him also in parte for the sake of his grand father Dauid he caused a rebellion to be raysed against him by Ieroboam his seruant and more then three partes of foure of his people to rebell against him and this by Gods owne instinct and motion and by his expresse allowance therof after it vvas done as the scripture auoucheth and if Roboam had fought against them for this fault as once he had thought to do and vvas prepared vvith a mayne army no doubt but they might haue lawfully stayne him for that now these tenn tribes that for-sooke him had iust authority to depose him for his euel gouerment and for not yealding to their iust request made vnto him for easing them of those greuous tributes laid vppon them as the scripture reporteth For albeit God had a meaning to punish him for the sinnes of his father Salomon yet suffred he that Roboam also should giue iust occasion him selfe for the people to leaue him as appereth by the story and this is Gods highe vvisdome iustice prouidence and swete disposition in humane affaires An other example of punishing and deposing euel Princes by force they do alleage out of the first booke of kings wher God appointed Elizens the Prophet to send the sonne of an other Prophet to annoynt Iehu Captaine of Ioram king of Israel vvhich Ioram was sonne to the Queene Iezabel and to persuade Iehu to take armes against his said king and against his mother the Queene and to depriue them both not only of their kingdomes but also of their liues and so he did for the scripture saith Coniurauit ergo Iehu contra Ioram Iehu did coniure and conspite at the persuasion of this Prophet vvith the rest of his fellow Captaines against his king Ioram and Queene Iezabel the kinges mother to put them downe and to put them to death with al the ignomy he could deuise and God allowed therof and perswaded the same by so holy a Prophet as Elizeus vvas wherby we maye assure our selues that the fact was not only lawfull but also most godly albeit in it selfe it might seeme abhominable And in the same booke of kings within two chapters after there is an other example how God moued loiada high priest of Ierusalem to persuade the Captaines and Coronels of that cittye to conspire against Athalia the Queene that had reigned 6. yeares and to arme them selues with the armor of the temple for that purpose and to beseige the pallace wher she lay and to kill al them that should offer or goe about to defend her so they did and hauing taken her aliue she vvas put to death also by sentence of the said high priest and the fact vvas allowed by God and highly commended in the scripture and Ioas yong king of the blood royal was crowned in her place al this might haue bin done as you see without such trouble of armes bloodshed if God vvould but he appointed this seueral meanes for working of his wil and for releeuing of common wealthes oppressed by euel princes And this seemeth sufficient proofe to these men that king Richard of Ingland might be remoued by force of armes his life and gouerment being so euel and pernitious as before hath bin shewed It remayneth then that vve passe to the second principal pointe proposed in the begining vvhich was that supposing this depriuation of king Richard vvas iust and lawful vvhat house by right should haue succeded him ether that of lācaster as it did or the other of Yorke And first of al it is to be vnderstood that at that very tyme vvhen king Richard vvas deposed the house of Yorke had no pretence or little at al to the crowne for that Edmond Mortimer earle of march nephew to the lady Phillip vvas then aliue with his sister Anne Mortymer marryed to Richard earle of Cambrige by vvhich Anne the howse of Yorke did after make their clayme but could not do so yet for that the said Edmond her brother was liuing and so continued many yeares after as appeareth for that wee reade that he vvas aliue 16. yeares after this to witt in the third yeare of the raigne of king Henry the fift vvhen his said brother in law Richard earle of Cambrigs vvas put to death in South-hampton vvhom this Edmond appeached as after shal be shewed and that this Edmond vvas now earle of March when king Richard vvas deposed and not his father Roger as Polidot mistaketh is euident by that that the said Roger vvas slayne in Ireland a litle before the depositiō of King Richard to witt in the yeare 1398. and not many monethes after he had bin declared heyre apparent by king Richard and Rogers father named Edmond also husband of the lady Phillip dyed some three yeares before him that is before Roger as after wil be seene so as seing that at the deposition of king Richard this Edmond Mortimer elder brother to Anne was yet liuing the question cannot be whether the house of Yorke should haue entred to the crowne presently after the depriuation of kinge Richard for they had vet no pretence as hath bin shewed but whether this Edmond Mortimer as heyre of Leonel duke of Clarence or els Henry the duke of Lancaster heyre of Iohn of Gaunt should haue entred For as for
the house of Yorke their was yet no question as appereth also by Stow in his chronicle vvho setteth downe how that after the said deposition of Richard the Archbishop of Canterbuty asked the people three tymes whom they would haue to be their king vvhether the duke of Yorke their standing present or not and they answered no and then he asked the seronde tyme if they vvould haue his eldest sonne the duke of Aumaile and they said no he asked the third tyme yf they would haue his yongest-sonne Richard earle of cambridge and they said no. Thus writeth Stow vvher-by it is euident that albeit this earle of Cabridge had married now the sister of Edmōd Mortimer by whom his posterity claymed afterward yet could he not pretend at this tyme her brother being yet aliue who after dying vvithout issue left al his right to her by her to the house of Yorke for albeit this earle Richard neuer came to be duke of Yorke for that he vvas beheaded bv king Henry the fift at Southampton as before hath 〈◊〉 said vvhile his elder brother vvas a lyue yet left he a sonne named Richard that after hym came to be duke of Yorke by the death of his vncle Edmund duke of Yorke that dyed vvithout issue as on the other side also by his mother Anne Mortimer he vvas earle of March and was the first of the house of Yorke that made title to the crowne So that the question now is whether after the deposition of king Richard Edmond Mortimer nephew remoued of Leonel which Leonel vvas the second sonne to king Edward or els Henry duke of Lancaster sonne to Iohn of Gaunt which Iohn vvas third sonne to king Edward should by right haue succeded to king Richard and for Edmond is alleaged that he was heyre of the elder brother and for Hēry is said that he vvas neerer by two degrees to the stemme or last king that is to say to king Richard deposed then Edmond was for that Henry vvas sonne to king Richards vncle of Lancaster and Edmond was but nephew remoued that is to say daughters sonnes sonne to the said king Richards other vncle of Yorke And that in such a case the next in degree of consanguinitie to the last king is to be preferred though he be not of the elder lyne the fauourers of Lancaster alleage many proofes wher of some shal be touched a litle after we haue seene the same practized in our dayes in France where the Cardinal of Burbone by the iudgement of the most part of that realme was preferred to the crowne for his propinquity in blood to the dead king before the king of Nauarre though he were of the elder lyne Moreouer it is alleaged for Henry that his title came by a man and the others by a vvoman vvhich is not so much fauoured either by nature law or reason and so they saye that the pretenders of this title of lady Phillippe that vvas daughter of duke Leonel neuer opened their mouthes in those dayes to clayme vntil some 50. yeares after the deposition death of king Richard Nay more ouer they of Lancaster say that sixteene yeares after the deposition of king Richard vvhen king Henry the fift vvas now in possession of the crowne cerrayne noble mē especially Richard earle of Cambridge that had marryed this Edmond Mortimers sister offred to haue slayne king Henry and to haue made the said Edmōd Mortymer kinge for that he was discended of duke Leonel but he refused the matter thinking it not to be according to equitie and so vvent and discouered the whole treason to the king wheruppō they vvere al put to death in Southampton within fowre or fiue dayes after as before hath bin noted and this hapened in the yeare 1415. and from hence foreward vntil the yeare 1451. and thirreth of the reigne of king Henry the sixt vvhich vvas 36 yeares after the execution done vppon these conspirators no more mention or pretēce was made of this matter at vvhat tyme Richard duke of Yorke began to moue troobles about it againe Thus say those of the house of Lancaster but now these of Yorke haue a great argument for themselues as to them it seemeth vvhich is that in the yeare of Christ 1385. and 9 yeare of the reigne of king Richard the second it vvas declared by act of parlament as Polidor writeth that Edmond Mortimer vvho had marryed Phillip daughter heyre of Leonel duke of Clarence and was grandfather to the last Edmond by me named should be heyre apparent to the crowne if the king should chance to dye without issue To which obiection those of Lancaster do answere first that Polidor doth err in the person when he sayeth that Edmond husband of lady Philippe was declared for heyre apparent for that his Edmond Mortimer that married lady Philippe dyed peacably in Ireland three yeares before this parlament vvas holden to witt in the yeare of Christ 1382. as both Hollings head Stow and other chroniclets do testifie and therfore Polidor doth erre not only in this place about this man but also in that in an other place he sayeth that this Edmond so declared heyre apparent by king Richard vvas slayne by the Irish in Ireland 12. yeares after this declaration made of the succession to vvit in the yeare 1394. vvhich vvas in deede not this man but his sonne Roger Mortimer heyre to him and to the Lady Phillip his wife vvho vvas declared heyre apparent in the parlament afore said at the instance of king Richard and that for especial hatred malice as these men say vhich he did beate against his said vncle the duke of Lancaster and his sonne Henry vvhom he desired to exclude from the succession The cause of this hatred is said to be for that presently vppon the death of prince Edvvard father to this Richard which prince dyed in the yeare of Christ 1376. and but 10. monethes before his father king Edward the third their vvanted not diuers learned and vvise men in Ingland that were of opinion that Iohn of Gaunt duke of Lancaster eldest sonne then liuing of the said king Edward should haue succeded his father iure propinquitatis before Richard that vvas but nephew and one degree further of then he but the old king vvas so extremly affectionate vnto his eldest sonne the blacke prince Edward newly dead that he vvould not heare of any to succede him as Frosard saith but only Richard the said princes sonne Wherfore he called presently a parlament vvhich vvas the last that euer he hold and therin caused his said nephew Richard to be declared heyre apparent and made his three sonnes then liuing that were vncles to the youth to vvitt Iohn of Gaunt duke of Lancaster and Edmond Langhly duke afterward of Yorke and Thomas woodstock duke of Glocester to sweare fealtie vnto Richard as they did And albeit Iohn of Gaunt al his life
of three bretheren the elder dye without issue and the second leaue a sonne yet in the inheritance and succession of the crowne it goeth otherwise as by al the former eight examples haue bin shewed and this is the first they saye about the common law The second pointe which they affirme is that the ground of our common lawes consisteth principally and almost only about this pointe of the crowne in custome for so say they we see by experience that nothing in effect is written therof in the common law and al old lawyers do affirme this pointe as vvere Ranulfus de Granuilla in his booke of the lawes and customes of Ingland vvhich he vvrote in the tyme of king Henry the second and Iudge Fortescue in his booke of the prayse of Inglish lawes vvhich he compiled in the tyme of king Henry the sixt and others Wherof these men do inferr that seing there are so many presidēts and examples alleaged before of the vncles case preferred before the nephew not only in forayne countryes but also in Ingland for this cause I saye they do affirme that our cōmon lawes cannot but fauour also this title and cōsequently must needs like vvel of the interest of Lancaster as they auouch that al the best old lawyers did in those tymes for example they do record two by name of the most famous learned men vvhich those ages had who not only defended the said title of Lancaster in those dayes but also suffred much for the same The one vvas the forenamed iudge Fortescue Chancelor of Ingland and named father of the common lawes in that age vvho fled out os Ingland vvhith the Queene vvife of king Henry the sixt vvith the prince her sonne and liued in banishment in france vvhere it seemeth also that he vvrote his learned booke intituled de laudibus legum Angliae And the other vvas Sir Thomas Thorope chiefe Baron of the excheker in the same reigne of the same king Henry the sixt vvho being aftervvard put into the tower by the Princes of the house of Yorke for his eger defence of the title of Lancaster remayned ther a long tyme and after being deliuered was beheaded at hygate in a tumulte in the dayes of king Edward the fourth These then are the allegations which the fauourers of the house of Lācaster do lay downe for the iustyfying of that title affirming first that Iohn of Gaunt duke of Lancaster ought to haue succeded his father K. Edward the third immediately before king Richard and that iniury vvas done vnto him in that king Richard vvas preferred And secondly that king Richard vvere his right neuer so good vvas iustly orderly deposed for his euil gouerment by lawful authority of the common wealth And thirdly that after his deposition Henry duke of Lancaster sonne heyre of Iohn of Gaunt vvas next in succession euery vvay both in respect of the right of his father as also for that he vvas two degrees neerer to the king deposed then vvas Edmond Mortimer descended of Leonel duke of Clarence and these are the principal and substancial proofes of their right and title But yet besides these they do add also these other arguments and cōsiderations following first that vvhat soeuer right or pretence the house of Yorke had the princes therof did forfeit and leese the same many tymes by their cōspiraces rehellions attainders as namely Richard earle of Cambrige that married the lady Anne Mortimer and by her tooke his pretence to the crowne vvas conuicted of a conspiracy against king Henry the fift in Southampton as before I haue said and there vvas put to death for the same by iudgment of the king and of al his peeres in the yeare 1415. the duke of Yorke his elder brother being one of the iury that condēned him This earle Richards sonne also named Richard comming afterward by the death of his vncle to be duke of York first of al made open clay me to the crowne by the title of Yorke But yet after many othes sworne and broken to king Henry the sixt he was attaynted of treason I meane bothe he and Edward his sonne then earle of march which aftervvard vvas king vvith the rest of his ofspringe euen to the nynth degree as Stow affirmeth in a parlament holden at Couentry in the yeare 1459. and in the 38. yeare of the reigne of the said king Henry and the very next yeare after the said Richard was slayne in the same quarrel but the honse of Lācaster say these mē was neuer attainted of any such crime Secondly they saye that the house of Yorke did enter only by violence by infinite blood-shedd and by wilful murthering not only of diuers of the nobilitie both spiritual and temporal but also of both king Hēry the sixt hym self and of prince Edward his sonne and by a certaine populer and mutinous election of a certaine few souldiers in Smithfield of Lōdon and this vvas the entrance of the howse of Yorke to the crowne vvheras king Henry the fourth first king of the house of Lancaster entred vvithout bloodshedd as hath bin shewed beinge called home by the requestes and letters of the people and nobility and his election admission to the crowne vvas orderly and authorized by general consent of parlament in the doing therof Thirdly they alleage that king Hēry the sixt put downe by the house of Yorke was a good and holy king and had reigned peaceably 40 yeares and neuer committed any act vvorthy deposition vvheras king Richard the second had many waies deserued the same as him selfe came to acknowledge and ther vppon made a personal solemne and publique resignation of the said crowne vnto his cosen Henry of Lancaster the which iustified much the said Henries entrance Fourthly they alleage that the housa of Lancaster had bin in possession of the crowne vppon the pointe of 60. yeares before the house of Yorke did raise trouble vnto them for the same in vvhich tyme their title was confirmed by many parlaments othes approbations and publique acts of the common vvealth and by the nobles peeres and people therof and by the states both spiritual and temporal and vvith the cōsent of al foraine nations so that if there had bin any fault in their first entrance yet vvas this sufficient to authorize the same as we see it vvas in the title of king William the Conqueror and of his two sonnes king William Rufus and king Henry the first that entred before their elder brother and of king Iohn that entred before his nephew of his sonne king Henry the third that entred after his fathers depriuation and after the election of prince Lewis of france as also of Edward the third that entred by deposition of his owne father of al which titles yet might there haue bin doubt made at the begining but by tyme and durance of possession and
by confirmation of the commō wealth they were made lawful vvithout controuersie Fiftly they say that if we consider the fowre king Heuryes that haue bin of the house of Lancaster to vvit the 4. 5. 6. and 7. and do compare thē vvith the other fower that haue bin of the house of York to wit Edward the fourth Richard the third Henry the eight Edward the sixt al their acts both at home abroade vvhat quietnes or troobles haue passed what the common wealth of Ingland hath gotten or lost vnder each of them vve shal finde that God hath seemed to prosper and allow much more of those of Lancaster then of those of Yorke for that vnder those of Lancaster the realme hath enioyed much more peace and gayned far greater honor and enlarged more the dominions of the crowne then vnder those of Yorke and that it had done also much more if the seditions rebellions and troobles raysed and brought in by the princes of the house of Yorke had not hindered the same as saye these men it vvas euidently seene in the tyme of king Henry the sixt when their contention against the princes of the house of Lancaster vvas the principal cause vvhy al the English states in France vvere lost and what garboiles and troubles at home haue ensued afterwards and how infinite murthers and man slaughters vvith chainge of nobility haue bin caused hereby and increased aftervvard vnder the gouerment and rule of the princes of Yorke neadeth not say these men to be declared One thing only they note in particuler vvhich I vvil not omit and let it be the sixt note and that is that the princes of Yorke haue not only bin rigorous and very bloody vnto their aduersaires but also among themselues and to their owne kynred vvhich these men take to be a iust punishment of God vppon them And for proofe heerof they alleage first the testimonie of Polydor vvho albeit he vvere a great aduocat of the house of Yorke as before hath bin noted for that he liued and vvrote his story vnder king Henry the eight yet in one place he breaketh foorth into these wordes of the princes of this house Cum non haberent iam inimicos in quos soeuitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine suas pollure manus When these princes now had brought to destruction al those of the house of Lancaster so as they had no more enimyes vppon vvhom to fill and satiat their crueltie then began they to exercise their fiersnes vppon themselues and to embrevv their handes with their owne blood thus far Polidor Secondly they do shew the same by the deedes of both sides for that the loue vnion trust confidence fayth fulnes kyndnes and loyaltie of the princes of Lancaster the one tovvardes the other is singuler and notorious as may appeare by the acts and studious endeuours of the lord Henry bishop of Winchester and Cardinal and of the lord Thomas duke of Excester and marques of Dorset brothers of king Henry the fourth to vvhom and to his children they were most faythfull frendly and loyal as also by the noble proceedings of the lordes Thomas duke of Clarence Iohn duke of Bedford and Humfrey duke of Glocester sonnes of the foresaid Henry the fourth and brothers of king Henry the fist the first of vvhich three gaue his blood in his seruice the other two spent their whole liues in defence of the dignity of the Inglish crowne the one as regent of France the other as protector of Ingland by the worthy acts also and renomed fayth fulnes of the dukes of Somerset cosen germans to the said king Henry the fourth and to his children and the proper ancestors of king Henry the seuenth al vvhich dukes of Somerset of the house of Lancaster being fiue or six in number did not only as Polydor sayeth assist and helpe their soueraine and the vvhole realme Vigilijs curis pcriculis that is to saye with watchfulnes cares and offering themselues to dangers but also fower of them one after an other to with Edmond with his three sonnes Henry Edmond and Iohn wherof two successiuely after him vvere dukes of Somerset and the other marques dorset were al fower I say as so many Machabyes slayne in the defence of their country and family by the other factiō of the house of Yorke which thing say these men shewed euidently both a maruelous confidence that these men had in their quarrel as also a great blessing of God towards that familie that they had such loue and vnion among them selues But now in the house of Yorke these men endeuour to shew al the contrary to witt that there vvas nothing els but suspition hatred emulations among themselues and extreme crueltie of one against the other and so vve see that as soone almost as Edward duke of Yorke came to be king George duke of Clarence his yonger brother conspired against him did help to driue him out againe both from the realme and crowne In recompence vvherof his said elder brother afterward notwithstanding al the reconciliation and many othes that passed betweene them of new loue and vnion caused him vppon new grudges to be taken murthered priuily at Calis as al the world knoweth And after both their deathes Richard their third brother murthered the two sonnes of his said elder brother and kept in prison vvhiles he liued the sonne and heyre of his second brother I meane the yong earle of Warwick though he were but a very child vvhom king Henry the seuenth aftervvard put to death But king Henry the eight that succeded them passed al the rest in crueltie toward his owne kynred for he weeded out almost al that euer he could finde of the blood royal of York and this either for emulation or causes of meere suspicion only For first of al he behedded Edmond de la Pole duke of Suffolk sonne of his owne aunt lady Elizabeth that was sister to king Edward the fourth vvhich Edward vvas grand father to king Henry as is euident The like distruction king Henry vvent about to bring to Richard de la Pole brother to the said Edmond if he had not escaped his handes by flying the realme whom yet he neuer ceased to pursue vntil he vvas slayne in the battel of Pauia in seruice of the king of Frāce by whose death vvas extinguished the noble house of the de la Poles Agayne the said king Henry put to death Edward duke of Buckingham high constable of Ingland the sonne of his great Aunt sister to the Queene Elizabeth his grādmother and therby ouerthew also that vvorthy house of Buckingham after againe he put to death his cosen germaine Henry Courtney marques of Excester sonne of the lady Catherin his Aūt that vvas daughter of king Edward the fourth and attainted iointly vvith him his
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
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
as Alexander the great conquered the most parte of Asia in the space of 9. or 10. yeares so did this Henry conquere France in lesse then the like tyme. I might recon also in this number of Princes deposed for defect in gouermēt though otherwise he vvere no euel man in lyfe this king Henry the fourths nephew I meane king Henry the sixt vvho after almost forty yeares reigne vvas deposed and imprisoned and put to death also together vvith his sonne the Prince of wales by Edward the fourth of the howse of yorke the same was confirmed by the commons and especially by the people of London and afterwards also by publique act of parliament in respect not only of the title which king Edward pretended but also and especially for that king Henry did suffer himselfe to be ouerruled by the Queene his wife and had broken the articles of agrement made by the parlament betwene him and the Duke of Yorke and solemnly sworē on both sides the 8. of Octob. in the yeare 1459. In punishment vvherof and of his other negligent and euel gouermēt though for his owne particuler life he vvas a good man as hath bin said sentence was giuen agaynst him partly by force and partly by law and king Edward the fourth vvas put in his place who was no euel king as al Inglish men vvel know but one of the renoumedst for martial actes and iustice that hath worne the Inglish crowne But after this man agayne ther fel an other accident much more notorious vvhich was that Richard Duke of Glocester this king Edwards yonger brother did put to death his two nephewes this mans children to vvit king Edward the fifth and his litle brother made him selfe king and albeit he synned greuously by taking vppon him the crowne in this wicked manner yet when his nephewes were once dead he might in reason seeme to be lawful king both in respect that he was the next male in blood after his said brother as also for that by diuers acts of parlament both before and after the death of thos infantes his title vvas authorized and made good and yet no man vvil say I thinke but that he vvas lawfully also deposed agayne afterward by the cōmō wealth which called out of France Henry Earle of Richmond to chastise him and to put him downe and fo he did and tooke from him both life and kingdome in the fielde and vvas king himselfe after him by the name of king Henry the seuenth and no man I suppose vvil say but that he vvas lawfully king also vvhich yet cannot be except the other might lawfully be deposed moreouer as I sayd at the beginning I vvould haue you consider in al thes mutations what men commonly haue succeded in the places of such as haue bin deposed as namely in Ingland in the place of thos fiue kings before named that vvere depriued to vvit Iohn Edward the second Richard the second Henry the sixt and Richard the third ther haue succeded the three Henryes to wit the third fourth and seuenth two Edwards the third and fourth al most rare valiant Princes who haue donne infinit importanr acts in their cōmon vvealthes and among other haue raysed many houses to nobility put downe others changed states both abroad and at home distributed ecclesiastical dignityes altred the course of discent in the blood royal and the like al which was iniust and is voyd at this day if the chainges and depriuations of the former Princes could not be made and consequently none of thes that do pretende the crowne of Ingland at this day can haue any title at al for that from thos men they discende vvho were put vp in place of the depriued And this may be sufficient for proofe of the two principal poynts which you required to be discussed in the beginning of this spech to wit that lawful Princes haue oftentymes by their common wealthes bin lawfully deposed for misgouerment and that God hath allowed and assisted the same with good successe vnto the weal publique and if this be so or might be so in kings lawfully set in possession then much more hath the said common wealth power authority to alter the succession of such as do but yet pretend to that dignity if ther be dew reason and causes for the same which is the head poynt that first we began to treate of saide the Ciuilian and with this ended his speech vvithout saying any more VVHER IN CONSISTETH PRINCIPALLY THE LAVFVLNES OF PROCEEDING AGAYNST Princes which in the former chapter is mētioned what interest Princes haue in their subiect 's goods or liues how othes doth binde or may be broken by subiects towards Princes and finally the difference betwene a good king and a Tirant CHAP. IIII. VVHEN the Ciuilian had ended his speech the temporal lawyer looked vppon the stāders by to see whether any would reply or no and perceauing al to hold ther peace he began to say in this māner Truly Syr I cannot deny but the examples are many that you haue alleaged and they seme to proue sufficiently that which you affirmed at the beginning to wit that the Princes by you named were depriued and put downe by their common vvealthes for ther euel gouerment And good successors commonly raysed vp in their places and that the common wealth had authority also to do it I do not greatly doubt at least wise they did it de facto and now to cal thes factes in question were to embroyle and turne vp-side-downe al the states of Christen dom as you haue wel signified but yet for that you haue added this vvord lawfully so many tymes in the course of your narration I vvould you tooke the payne to tel vs also by vvhat law they did the same seing that Belloy whom you haue named before and some other of his opinion do affirme that albeit by nature the common vvealth haue authority ouer the Prince to chuse and appoynt him at the beginning as you haue vvel proued out of Aristotle and other vvayes yet hauing once made him and giuen vp al their authority vnto him he is now no more subiect to ther cortection or restraynt but remayneth absolute of himselfe without respect to any but only to god alone vvhich they proue by the example of euery particuler man that hath authority to make his Master or Prince of his inferior but not afterwards to put him downe agayne or to depriue him of the authority vvhich he gaue him though he should not beare himselfe vvel and gratefully but discourtious rather iniuriously towards him that gaue him first this authority To which also they do alleage the speech of the prophet Samuel in the first booke of the kings vvher the people of Israel demaunded to haue a king to gouerne ouer them as other nations round about them had and to leaue the gouerment of the high Prieste vnder
of obedience and allegiance and not before which argueth that before they were not bounde vnto him by allegeance and as for the princes of Ingland it is expresly noted by Inglish historiographers in ther coronatiōs how that no allegeance is dew vnto thē before they be crowned that only it happened to Henry the fifth among al other kinges his predecessors to haue this preuilege and this for his exceding to-wardlynes for the great affection of the people towards him that he had homage donne vnto him before his coronation and oth taken Wherof Polidor writeth in thes wordes Princeps Henricus facto patris funere concilium principum apud VVestmonasterium conuocandum curat in quo dum de rege creando more maiorum 〈◊〉 esse ubi continuo aliquot Principes vltro in eius verba mirare coeperunt quod beneuolentiae officium nulli antea priusquam rex renu nciatus esset praestitum constat a 〈◊〉 Henricus ab ineunte aetate spem omnibus optimae inaolis fecit Which in Inglish is this Prince Henry after he had finished his fathers funetals caused a parlament to be gathered at Westminster wher vvhiles consultation vvas had according to the ancient custome of Ingland about creating a new king behold vppon the sudden certaine of the nobility of ther owne free vvilles began to sweare obedience and leyaltie vnto him vvhich demonstration of loue and Good vvil is wel knowne that is was neuer shewed to any Prince before vntil he vvas declared king so great vvas the hope that men had of the towardlynes of this Prince Henry euen from his tender age thus far Polidor in his story of Inglād And the very same thing expresseth Iohn Stow also in his chonicle in thes vvordes To this noble Prince by assent of the parlament al the states of the realme after three dayes offred to do fealtte before he was crowned or had solemnized hu oth wel and iustly to gouerne the common wealth which offer before was neuer found to be made to any Irince of Ingland thus much Stow. in vvhose narration as also in that of Polidor it may be noted that king Henry the fift vvas not called king vntil after his coronation but onlv Prince though his fathe king Henry the fourth had bin dead now almost a month before and secondly that the parlament consulted de Rege creando more maiorum as Polidor his vvords are that is of making a new king according to the ancient custome of ther auncestors vvhich argueth that he vvas not yet king though his father were dead nor that the manner of our old Inglish ancestors vvas to accompt him so before his admission Thirdly that this demonstration of good wil of the nobility to acknowlege him for king before his coronation and oth solemnized wel and iustly to gouerne the realme was very extraordinary and of meere good wil. And last of al that this was neuer donne to any Prince before king Henry the fift al which pointes do demonstrate that it is the coronation and admission that maketh a perfect and true king whatsoeuer the title by succession be otherwise that except the admission of the common wealth be ioyned to succession it is not sufficient to make a lawful king and of the two the second is of far more importance to vvit the consent and admission of the realme then nearnes of blood by succession a-loue This I might proue by many examples in Ingland it selfe wher admission hath preuayled against right of succession as in William Rufus that suceeded the Conquerer and in king Henry the first his brother In king Stephen king Iohn and others vvho by only admission of the realme were kings against the order of succession as after more at large I shal shew you in a particuler spech vvhich of this point I shal make unto you and very specially it may be seene in the two examples before mentioned of the admission of the two kings Henry and Edward both surnamed the fourth vvhos entrances to the crowne if a man dovvel consider he shal find that both of them founded the best part and most surest of their titles vppon the election consent and good wil of the people yea both of them at their dying dayes hauing some remorse of cōscience as it semed for that they had caused so many men to dye for mayntenance of ther seueral rightes and titles had no better way to appease ther owne mynds but by thinking that they were placed in that rome by the voice of the realme and consequētly might lawfully defend the same punish such as went about to depriue them Moreouer you shal finde if you looke into the doings of Princes in al ages that such kings as vvere most politique and had any lest doubt or suspicion of trobles about the title after ther deathes haue caused their sonnes to be crowned in their owne dayes trusting more to this then to their title by succession though they vvere neuer so lawfully lineally discended And of this I could alleage you many examples out of diuers countryes but especially in France since the last lyne of Capetus came vnto that crowne for this did Hugh Capetus himselfe procure to be donne to Robert his eldest sonne in his owne dayes and the like did king Robert procure for his yonger sonne Henry the first as Girard holdeth and excluded his elder only by crowning Henry in his owne daies Henty also did entreat the states of Frace as before you haue hard to admitt crowne Phillip the first his eldest sonne vvhiles himselfe reigned and this mans sonne Luys lc Cros did the same also vnto tvvo sonnes of his first to Phillip and after his death to Luys the yonger both vvhich vvhere crowned in ther fathers life time this Luys agayne the yonger vvhich is the seuenth of that name for more assuring of his sonne named Phillip the secōd entreated the realme to admit crowne him also in his owne dayes vvith that great solemnity vvhich in the former chapter hath bin declared And for this very same cause of securitie it is not to be doubted but that alvvayes the prince of Spayne is sworne and admitted by the realme during his fathers reigne as before hath bin said The same consideration also moued king Dauid to crowne his sonne Salomon in his owne dayes as aftervvard more in particuler shal be declared and finally our king Henry also the second of Ingland considering the alteration that the realme had made in admitting king Stephen before him against the order of lineal successiō by propinquity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be crowned in his life time so as ingland had two king Henries liuing at one tyme vvith equal authoritie and this was done in the 16. yeare of his reigne and in the yeare of
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
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
goodly monasteries and churches and dying left as famous a sonne behynde him as himself which was Edward the first surnamed the senior or elder This king Edward dying left two sonnes lawfully begotten of his wife Edgina the one named Prince Edmund and the other Eldred a third illegitimate whose name vvas Adelstan whom he had by a concubine But yet for that this man vvas estemed to be of more valor then the other he was preferred to the crowne before the two other Princes legittimate for so restifieth Polidor in thes wordes Adelstanus ex concubina Edwardi films rex a populo consalutatur atque ad king stonum opidum more maiorum ab Athelmo Cautuariensi Archiepiscopo coronatur vvhich is Adelstan the sonne of king Edward by a concubine vvas made king by the people and vvas crowned according to the old custome by Athelme Archbishop of Caterbury at the towne of kingston Thus far polidor and Stow addeth further thes words His coronation was celebrated in the market place vppon a stage erected on high that the king might better be seene of the multitude he was a Prince of worthy memorie valiant and wife in al his acts brought this land into one perfect monarchie for he expelled vtterly the danes and quieted the welchme Thus much Stow of the successe of chusing this king bastard to reigne To whose acts might be added that he conquered Scotland and brought Constantine their king to do him homage and restored Luys d'Outremer his sisters sonne to the kingdome of France as before hath bin signified This man dying without issue his lawful brother Edmond put back before was admitted to the crowne who being of excellent expectation died after 6. yeares and left two lawful sonnes but yet for that they were yonge they were both put back by the realme and their vncle Eldred was preferred before them so faith Polidor Genuit Edmondus ex Egilda vxore Fduinum Edgarum qui cum etate pueri essent post Eldredum deinde regnarunt King Edmond begat of his wife Egilda two sonnes named Edwin and Edgar who for that they were but children in yeares were put back and reigned afterward after ther vncle Eldred The like saith Stow and yealdeth the same reason in thes wordes Eldred succeded Edmōd his brother for that his sonnes Edwin and Edgar were thought to yong to take so great a charge vppon them This Eldred though he entred as you see against the right of the nephewes yet saith Polidor and Stow that he had al mens good will and was crowned as his brother had bin at kingston by Odo Archbishop of Canterbury and reigned 9. yeares with great good wil and praise of al men He dyed at last without issue and so his elder nephew Edwin vvas admitted to the crowne but yet after foure yeares he was deposed agayne for his leude and vitious life and his yonger brother Edgar admitted in his place in the yeare of Christ 959. This king Edgar that entred by deposition of his brother vvas one of the rarest princes that the world had in his tyme both for peace and vvar iustice pietye and valor Stow sayeth he kept a nauie of three thousand and 6. hundreth shippes distributed in diuers partes for defence of the realme Also that he buylt and restored 47. monasteries at his owne charges and did other many such acts he vvas father to king Edward the martir grand father to king Edward the confessor though by two different wiues for by his first wife named Egilfred he had Edward after martirized and by his secōd vvife Alfred he had Etheldred father to Edvvard the confessor to the end that Etheldred myght raigne his mother Alfred caused King Edward the sonue of Egilfred to be stayne after king Edgar her husband was dead After this so shameful murther of king Edward many good men of the realme vvere of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of king Edward his elder brother cōmitted for his sake as also for that he semed a man not fir to gouerne and of this opinion among others vvas the holy man Dunston archbishop of Canterbury as Polidor sayeth who at length in flat words denyed to consecrate him but seing the most part of the realme bent on Etheldreds side he foretould them that it would repent them after and that in this mās life the realme should be destroyed as in deede it vvas and he rann away to Normandy and left Sweno and his danes in possession of the realme though afterward Sweno being dead he returned agayne and dyed in London This Etheldred had two wiues the first Ethelgina an Inglish womā by whom he had prince Edmund surnamed Ironside for his great strength and valor vvho suceeded his father in the crowne of Ingland for a yeare and at his death left two sonnes which after shal be named and besides this Etheldred had by his first wife other two sonnes Edwin and Adelston and one daughter named Edgina al which were ether slayne by the danes or dyed without issue The secōd wife of Etheldred was called Emma sister to Richard Duke of Normandie vvho was grand father to William the conqueror to witt father to Duke Robert that was father to VVilliam so as Emma vvas great aunt to this VVilliam and she bare vnto king Etheldred two sonnes the first Edward who was afterward named king Edward the Confessor and Alerud who was slayne traiterously by the Earle of kent as presently we shal shew After the death also of king Etheldred Queene Fmma was maried to the Dane king Canutus the first of that name surnamed the great that was king of Ingland after Etheldred Edmond Ironside his sonne and to him she bare a sonne named Hardicanutus vvho reigned also in Ingland before king Edvvard the Confessor New then to come to our purpose he that wil consider the passing of the crowne of Ingland from the death of Edmonde Ironside elder sonne of king Eltheldred vntil the possession therof gotten by VVilliam Duke of Normandie to wit for the space of 50. yeares shal easely see what authority the common wealth hath in such affaires to alter titles of succession according as publique necessity or vtility shal require for thus briefly the matter passed King Eltheldred seing himselfe to vveake for Sweno the king of Danes that vvas entred the land fled with his wife Emma and her two children Edward and Alerud vnto her brother Duke Richard of Normandie ther remayned vntil the death of Sweno and he being dead Etheldred returned into Ingland made a certayne agrement and diuision of the realme betweene him Canutus the sonne of Sweno and so dyed leauing his eldest sonne Edmond Ironside to succed him who soone after dying also left the whole realme to the said Canutus and that by playne couenant as Canutus pretended that
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
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
discended from king VVilliam the Cōqueror by his eldest daughter lady Cōstance as also by diuers other participations of the blood royal of Ingland as aftervvards vvil appeare Now then to come to the second daughter of king VVilliam the Conqueror or rather the third for that the first of al vvas a Nonne as before hath byn noted her name vvas Adela or Alis as hath bin saide and she vvas marryed in France to Stephen counte Palatin of Champagne Charters and Bloys by whom she had a sonne called also Stephen vvho by his grand mother was earle also of Bollayne in Picardie and after the death of his vncle king Henry of Ingland vvas by the fauour of the Inglish nobility and especially by the helpe of his owne brother the Lord Henry of Bloys that vvas Bishop of Winchester and iointly Abbot of Glastenbury made kinge of England and this both in respect that Mathilda daughter of king Henry the first was a woman and her sonne Henry duke of Anjou a very childe one degree farther of from the Conqueror and from kings Rufus then Stephen vvas as also for that this king Henry the first as hath bin signified before vvas iudged by many to haue entred vvrongfully vnto the crowne and therby to haue made both himselfe and his posterity incapable of succession by the violence vvhich he vsed against both his elder brother Robart and his nephew duke VVilliam that vvas sonne and heyte to Robert vvho by nature and law were bothe of them held for soueraintes to Iohn by those that fauored them and their pretentions But yet howsoeuer this were we see that the duke of Britany that liued at that day should euidently haue succeded before Stephen for that he was discended of the elder daughter of the Conqueror and Stephen of the yonger though Stephen by the commodity he had of the neernes of his porte and hauen of Bullayne vnto Ingland as the French stories do saye for Calys vvas of no importance at that tyme and by the frendship and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry and especially by the help of his brother the Bishop and Abbot as hath bin said he gat the start of al the rest and the states of Ingland admitted him This man although he had two sonnes namely Eustachius duke of Normandy and William earle of Norfolk yet left they no issue And his daughter Marie was maried to mathew of Fladers of whom if any issue remaines it fell afterward vppon the house of Austria that succeded in those states To king Stephen who left no issue succeded by compositiō after much warre Henry duke of Aniou sonne and heyre to Mathilda before named daughter of Henry the first which Henry named afterward the second tooke to wife Elenor daughter and heyre of VVilliam duke of Aquitaine earle of Poytiers which Elenor had bin marryed before to the king of France Lewis the 7. and bare him two daughters but vppon dislike conceaued by the one against the other they were deuorced vnder pretēce of being within the fowerth degree of consanguinitye and so by second marriage Elenor vvas vvife to this said Henry who afterward was king of Ingland by name of K. Henry the fecōd that procured the deathe of Thomas Becket archebishope of Canterbury and vvas both before and after the greatest enimye that euer Lewis the king of France had in the vvorld and much the greater for his marriage by vvhich Henry vvas made far stronger for by this woman he came to be duke of al Aquitaine that is of Gascony and Guyene and earle of al the coūtrey of Poytiers wheras beforealso by his fathers inheritance he vvas duke both of Anjou Tourayne and Mayne by his mother Mathilda king Henries daughter of Ingland he came to be king of Ingland duke of Normandie and by his owne industry he gat also to be lord of Ireland as also to bring Scotland vnder his homage so as he enlarged the kingdome of Ingland most of any other king before or after him This king Henry the second as Stow reconteth had by Lady Elenor fyue sonnes and three daughters His eldest sonne vvas named VVilliam that dyed yonge his seconde vvas Henry vvhom he caused to be crowned in his owne life tyme vvherby he receaued much trouble but in the end this sonne died before his father without issue His third sonne vvas Richard surnamed for his valour Cor de leon who reigned after his father by the name of Richard the first and died vvithout issue in the yeare of Christ 1199. Hys fovverth sonne named Geffrey maried lady Constance daughter and heyre of Britanie as before hath bin said and dying left a sonne by her named Arthur which vvas duke of Britanie after him and pretended also to be king of Ingland but vvas put by it by his vncle Iohn that tooke him also prisoner and kept him so in the castel first of fallaise in Normandie and then in Roan vntil he caused him to be put to death or slew him vvith his owne hands as Frēch stories vvrite in the yeare 1204. This duke Arthur left behind him two sisters as Stow writeth in his chronicles but others write that it was but one and at least wise I fynde but one named by the french stories which vvas Elenor whom they saye king Iohn also caused to be muthered in Ingland a a litle before her brother the duke vvas put to death in Normandie and this was the end of the issue of Geffrey whose vvife Constance duchesse of Britanie marryed againe after this murther of her children vnto one Guy Vicond of Touars and had by him two daughters wherof the eldest named Alis was duchefse of Britanie by vvhome the race hath bin continued vnto our tyme. The fift sonne of king Henry the second was named Iohn who after the death of his brother Richard by help of his mother Elenor and of Hubert Archbishop of Canterbury drawen therunto by his said mother gat to be king and put back his nephew Arthur vvhom king Richard before his departure to the war of the holy land had caused to be declared heyre apparent but Iohn preuayled and made away both nephew and Neece as before hath bin saide for which fact he vvas detested of many in the world abroade and in France by acte of parlament depriued of al the states he had in those partes Soone after also the pope gaue sentence of depriuation against him and his owne barons tooke armes to execute the sentence and finally they deposed both him and his yong sonne Henry being then but a child of 8. yeares old and this in the 18. yeare of his reigne and in the yeare of Christ 1215. and Levvis the 8. of that name prince at that tyme but afterward king of France was chosen king of Ingland sworne in Londō and
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
vvhich end being taken away or peruerted the king becommeth a tyrant a Tigar a fearse Lion a rauening wolfe a publique enimy and a bloody murtherer vvhich vvere against al reason both natural and moral that a common wealth could not deliuer it selfe from so eminent a distruction By authority also you haue heard it proued of al law-makers Philosophers Lawyers Diuines and Gouernours of common vvealthes vvho haue set downe in their statutes and ordonances that kings shal sweare and protest at their entrance to gouerment that they vvil obserue and performe the conditions their promised otherwise to haue no interest in that dignity soueraintie By examples in like manner of al realmes christian he declared how that often-tymes they haue deposed their princes for iust causes and that God hath concurred and assisted wonderfully the-same sending them commonly very good kings after those that vvere depriued and in no country more then in Ingland it selfe yea in the very lyne and familye of this king Richard vvhose noble grand-father king Edward the third vvas exalted to the crowne by a most solemne deposition of his predecessor king Edvvard the second vvherfore in this point their can be litle controuersie and therfore vve shal passe vnto the second vvhich is vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be deposed And in this second pointe much more difference their is betwixt Yorke and Lancaster and betwene the vvhite rose and the redd for that the house of Yorke seeking to make the other odious as though they had entred by tyrannie cruelty doth not stick to auouch that king Richard vvas vniustly deposed but against this the house of Lancaster alleageth first that the howse of Yorke cā not iustly saye this for that the chiefe prince assistant to the deposing of king Richard vvas lorde Edmond hymselfe duke of Yorke and head of that familie together with Edward earle of Rutland duke of Aumarle his eldest sonne and heyre yea and his yonger sonne also Richard earle of Cambrige father to this Richard that now pretēdeth for so do write both Stow Hollingshead and other chroniclers of Ingland that those princes of the howse of Yorke did principally assist Hēry duke of Lancaster in getting the crowne and deposing king Richard Polidor speaking of the wicked gouerment of king Richard and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France banished and seemed not to thinke of any such matter he hath these words Sed Edmundo Eboracensium duei eares cum primis bilem commouit quod rex omnia iam iura peruerteret quòd antea parricidio postea rapinis se obstrinxisset c. That is this matter of the wicked gouerment of king Richard did principally offend his vncle Edmond duke of Yorke for that he saw the king novv to peruert al law and equity and that as before he had defiled himselfe vvith parricide that is with the murther of his owne Vncle the duke of Glocester brother to this Edmond so now he intangled himselfe also vvith rapine in that he tooke by violence the goods and inheritance of Iohn ofGaunt late deceased vvhich did belong to Henry duke of Lancaster his cosen germaine by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three score persons as some stories say chose first to goe into Yorke-shire and to enter at Rauenspurr at the mouthe of Humber as al the vvorld knoweth which he would neuer haue done if the princes of Yorke had not principally fauoured him in that action al this I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition and consequently cannot alleage now with reason that the said Richard was deposed vniustly Secondly the house of Lancaster alleageth for the iustifying of this deposition the opinions of al historiographers that euer haue written of this matter vvhether they be Inglish French Duch Latine or of any other nation or language vvho al with one accord do affirme that king Richards gouerment vvas intolerable he worthy of deposition wherof he that wil se more let him reade Thomas of Walsingham and Iohn Frosard in the life of king Richard Thirdly they of Lancaster do alleage the particuler outrages and insolences of king Richards gouerment and first the suffring himselfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment as before you haue hard out of Polidor the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes The king being at Bristow with Robert de Vere duke of Ireland Michael de la Pole Earle of Suffolke deuised how to take away the duke of Glocester the earles of Arundel VVarwick Darby and Notingham and others whose deathes they conspired thus sayeth Stow. And soone after they executed the most par of their deuises for that Thomas of Woodstock duke of Glocester vvas made away vvithout law or processe the earle of Arundel also vvas put to death and VVarwick vvas banished and so was also Thomas Arundel Archbishop of Canterbury by like injustice and the like was done to Henry duke of Hereford and after of Lancaster and among other insolences he suffred Robert Vere to dishonour and put from him his vvife a noble and goodly yong Lady as Stow sayeth and borne of Lady Isabel king Richards aunt that vvas daughter to king Edward the third and suffred Vere to marry an other openly to her disgrace and dishonour of her kynred And finaly in the last parlament that euer he held which vvas in the 21. yeare of his reigne commonly called the euel parlament he would needs haue al authority absolute graunted to certaine fauourits of his which Thomas Walsingham saith were not aboue 6. or 7. to determine of all matters vvith al ful authority as if they only had bin the vvhole realme vvhich vvas nothing in deede but to take al authority to him selfe only and Stow in his chronicle hath these wordes following This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof Edward Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon in which he affirmed that the power of the king was alone and perfit of it selfe and those that do impeatch it were worthy to suffer paine of the law c. thus saith Stow by al vvhich is euident how exorbitant and contrary to al law and equity this kinges gouerment vvas Fourthly and lastly those of Lancaster do alleage for iustifying of this depriuation that duke Henry vvas called home by expresse lettres of the more and better part of al the realme and that he came vvholy in a manner vn-armed considering his person for that
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
vvife the lady Gertrude taking from her al her goodes landes and inheritance and committed to perpetual prison their only sonne and heyre lord Edward Courtney being then but a childe of seuen yeares old vvhich remayned so there vntil many yeares after he vvas set at libertie and restored to his liuing by Queene Mary Moreouer he put to death the lady 〈◊〉 Plantagenet Countesse of Salisbury daughter of George duke of Clarence that vvas brother of his grandfather king Edward the fourth vvith her he put to death also her eldest sonne and heyre Thomas Poole lord Montague and committed to perpetual prison where soone after also he ended his life a little infant named Henry Poole his sonne and heyre condemned to death by act of parlament although absent Renald Pole brother to the said lord Montague Cardinal in Rome wherby he ouerthrew also the noble house of Salisbury and vvarwick nether need I to go further in this relation though these men do note also how Edward the sixt put to death two of his owne vncles the Seymers or at least it vvas done by his authority and how that vnder her Maiestie that now is the Queene of Scotland that vvas next in 〈◊〉 of any other liuing the chiefe titler of the honse of Yorke hath also bin put to death Lastly they do note and I may not omit it that their is no noble house standing at this day in Ingland in the ancient state of calling that it had and in that dignity and degree that it vvas in vvhen the house of Yorke entred to the crowne if it be aboue the state of a barony but only such as defended the right and interest of the houses of Lancaster and that al other great houses that toke parte vvith the house of Yorke and did helpe to ruine the house of Lancaster be either ceased since or extyrpated and ouer throwne by the same house of Yorke it selfe which they assisted to gett the crowne so at this present they be either vnited to the crowne by confiscatiō or transferred to other Images that are strangers to them who possessed thē before As for example the ancient houses of Inglād that remaine at this day were stāding whē the house of Yorke begā ther title are the houses of Arōdel Oxford Northūberland Westmerland Shrewsbery for al other that are in Ingland at this day aboue the dignity of Barons haue bin aduanced since that tyme and al these fiue houses vvere these that principally did stick vnto the house of Lancaster as is euident by al Inglish chronicles For that the earle of Arondel brought in king Henry the fourth first king of the house of Lancaster and did helpe to place him in the dignity royal comming out of France vvith him The earle of Oxford and his sonne the lord Vere were so earnest in the defence of king Hēry the sixt as they were both slayne by king Edward the fourth and Iohn earle of Oxford vvas one of the principal assistāts of Hēry the seuēth to take the crowne frō Richard the third The house of Northumberland also was a principal ayder to Henry the fourth in getting the crowne and two earles of that name to wit Henry the second and third were slayne in the quarrel of king Henry the sixt one in the battel of S. Albons and the other of Saxton and a third earle named Henry the fourth fled into Scotlād vvith the said king Henry the sixt The house of Westmerland also vvas chiefe aduācer of Hēry the fourth to the crowne the secōd earle of that house vvas slayne in the party of Henry the sixt in the said bartaile of Saxton and Iohn earle of Shrewsbury vvas likevvise slayne in defence of the title of Lancaster in the bartaile of Northamptō and I omit many other great seruices and faithful endeuours vvhich many Princes of these fiue noble anciēt houses did in the defence of the Lancastrian kings vvhich these men say that God hath revvarded vvith continuance of their howses vnto this day But on the contrary side these men do note that al the old houses that principally assisted The title of Yorke are now extinguished and that chiefly by the kings themselues of that house as for example the principal peeres that assisted the family of Yorke vvere Moubray duke of Norfolke de la Poole duke of Suffolk the earle of Salisbury and the earle of Warwick of al which the euent was this Iohn Moubray duke of Norfolke the first confederat of the house of Yorke dyed soone after the exaltation of Edward the fourth vvithout ifsue and so that name of Moubray ceased and the title of the dukedome of Norfolke vvas transferred afterward by king Richard the third vnto the house of Howards Iohn de la Poole duke of Suffolke that married the sister of king Edward the fourth was his great assistant though he left three sonnes yet al were extinguished vvithout issue by helpe of the house of Yorke for that Edmond the eldest sonne duke of Suffolke vvas beheaded by king Henry the eight his brother Richard driuen out of the realme to his destruction as before hath bin shewed Iohn their brother earle of Lincolue was stayne at Stockfild in seruice of king Richard the third and so ended the line of de la Pooles Richard Neuel earle of Salisbury a chiefe enemy to the house of Lancaster and exalter of York vvas taken at the battaile of VVakefild and there beheaded leauing three sonnes Richard Iohn and George Richard vvas earle both of Salisbuty and Warwick surnamed the great earle of Warwick vvas he that placed king Edward the fourth in the royal seate by whome yet he vvas slayne afterward at Barnet and the landes of these two great earldomes of Salisbury and Warwick were vnited to the crowne by his attainder Iohn his yonger brother vvas Marques of montague and after al assistance giuen to the said king Edward the fourth of the howse of Yorke vvas slayne also by him at Barnet and his lands in like māner confiscate to the crowne vvhich yet vvere neuer restored againe George Neuel their yonger brother vvas Archbishop of Yorke vvas taken sent prisoner by the said king Edward vnto Guynes vvho shortly after pined avvay and dyed and this vvas the ende of al the principal frendes helpers aduancers of the house of Yorke as these men do alleage Wherfore they do conclude that for al these reasons many more that might be alleaged the title of Lancaster must needes seeme the better title which they do confirme by the general consent of al the realme at king Henry the seuenth his comming in to recouer the crowne from the house of Yorke as from vsurpers for hauing had the victory against king Richard they crowned him presētly in the field in the right of Lācaster before he married with the house of Yorke
might be legitimate before God and yet illegitimate before men and consequently incapable of al such succession as otherwise he might pretend by his said mother And this now is for the first begotten of these two persons for as touching the second childe begotten in the tower of London diuers learned men are of opinion that he may be freed of this bastardy for that both the earle and the lady being examined vppon their first child did consesse and affirme that they vvere man and wife and that they had meaning so to be and to continew vvhich confession is thought to be sufficient both for ratifying of their old cōtract and also for making of a new yfthe other had not bin made before And seeing that in the other former pretended contract and marriage their wanted nothing for iustifying the same before men and for making it good in law but only external testimony of witnesses for prouing that they gaue such mutual consent of myndes before their carnal knowledge for the presence of priest or minister is not absolutly necessary no man can say that their wanted witnesses for restifying of this consent before the second copulation by vvhich vvas begotten their second sonne for that both the Queene herselfe and her councel and as many besides as examined these parties vppon their first acte and child birth are vvitnesses vnto them that they gaue their ful consents and approbations to be man vvife vvhich they ratified afterward in the tower by the begetting of their second child and so for the reasons afore-said he must needes seeme to be legitimate vvhatsoeuer my lord of Canterbury for that tyme or in respect of the great offence taken by the estate against that act did or might determyne to the contrary And this is the somme of that which commonly is treated about these two families of the house of Suffolk to wit of Hartford and Darby both vvhich families of Suffolke the other two opposite houses of Scotland and Clarence do seeke to exclude by the first bastardy or vnlawful contract betweene the Queene ofFrance and duke Charles Brandon as hath bin seene of which bastardye the house of 〈◊〉 doth indeuour to auoide it selfe in manner as before hath bin declared and preferreth it selfe in degree of propinquity not only before the foresaid two houses of Scotland and Clarence but also before this other part of the house of Suffolke I meane the familie of Hartford though descended of the elder daughter for that the countesse of Darby doth hold her selfe one degree neerer in discent then are the other pretenders of Hartford as hath bin shewed And albeit their vvant not many obiections and reasons of some against this pretence of the house of Darby besides that which I haue touched before yet for that they are for the most part parsonal impediments and do not touch the right or substance of the title or any other important reason of state concerning the common vvealth but only the mistike of the persons that pretende and of their life and gouerment I shal omitt them in this place for that as in the begining I promised so shal I obserue as much as lieth in me to vtter nothing in this conference of ours that may iustly offend and much lesse touch the honor or reputation of any one person of the blood royal of our realme vvhen the tyme of admitting or excluding cometh then vvil the realme consider as vvel of their persons as of their rightes and vvil see vvhat accompt and satisfaction ech person hath giuen of his former life and doings and according to that vvil proceede as is to be supposed but to me in this place it shal be enough to treat of the first pointe vvhich is of the right and interest pretended by vvay of succession and so vvith this I shal make an ende of these families and passe ouer to others that yet do remayne OF THE HOVSES OF CLARENCE AND BRITANIE WHICH CONTEYNE THE CLAYMES OF the earle of Huntington with the Pooles as also of the lady Infanta of Spayne and others of those families CAP. VII HAVING declared the claymes rightes and pretences which the two noble houses of Scotland and Suffolke descended of the tvvo daughters of king Hēry the seuenth haue or may haue to the succession of Ingland with intention afterward to handle the house of Portugal a part vvhich pretendeth to comprehend in it selfe the whole body or at least the first and principal branch of the ancient house of Lancaster it shal not be amisse perhaps by the way to treate in this one chapter so much as appartayneth to the tvvo seueral houses of Clarence and Britanie for that there is lesse to be said about them then of the other And first of al I am of opinion that the earle of Huntington and such other pretendors as are of the house of Yorke alone before the coniunction of both houses by king Henry the seuenth may be named to be of the house of Clarence and so for distinction sake I do name them for not to confound them vvith the houses of Scotland and Suffolke which are termed also by the Lancastrians to be of the houfe of Yorke alone for that they deny them to be of the true house of Lancaster but principally I do name them to be of the house of Clarence for that in deed al their clayme and title to the crowne doth discende from George duke of Clarence as before in the third chapter and other vvhere hath bin declared which duke George being brother to king Edward the fourth and put to death by his order left issue Edward carle of Warwick and of Salisbury vvhich vvas put to death by king Henry the seuenth in his youth and Margaret countesse of Salisbury which Margaret had issue by Syr Richard Poole Henry Poole lord Montague afterward behedded and he agayne Catherin married to Syr Francis Hastings earle of Huntington by whom she had Sir Henry Hastings now earle of Huntington Syr George Hastings his brother yet liuinge others so as the earle of Huntington vvith his said bretheren be in the fourth degree from the said George duke of Clarence to wit his nephewes twice remoued The faide Margaret countesse of Salisbury had a yonger sonne also named Syr Geffrey Poole vvho had issue an other Geffrey and this Geffrey hath two sonnes that liue at this day in Italie named Arthur and Geffrey vvho be in the same degree of distance with the saide earle of Huntington sauing that some alleage for them that they do discend al by male kinde from Margaret and the earle pretendeth by a Woman vvherof vve shal speake afterward Hereby then it is made manifest how the earle of Huntingtō commeth to preteud to the crowne of Ingland by the house of York only vvhich is no other in deede but by the debarring and disabling of al other former pretēdors not only of Portugal and of Britanie as strangers but
also of the houses of Scotland Suffolke that hold likewise of the house of Yorke and that for the reasons and argumēts vvhich in the former two chapters I haue set downe in particuler against euery one of them and shal here-after also againe those that remaine vvhich arguments and obiections or any of them if they should not be founde sufficient to exclude the said other houses then is the clayme of this house of Huntington therby made voide for that it is as vve see by the yonger childe of the house of Yorke that is to saye by the second brother so as if either the pretence of Lancaster in general be better thē that of Yorke or if in the house of Yorke it selfe any of the fornamed pretenders descended frō K. Edward the fourth as of the elder brother may hold or take place then holdeth not this title of Clarence for that as I haue said it cōming from the yonger brother must needes be grounded only or principally vppō the barring and excluding of the rest that ioyntly do pretēd of which barres and exclusions laid by this house of Clarence against the rest for that I haue spoken sufficiētly in the last two chapters going tefore for so much as toucheth the two houses of Scotland and Suffolk and shal do afterwards about the other two of Britanie and Portugal I meane in this place to omit to say any more therin only to consider vvhat the other competitors do alleage against this house of Clarence and especially agaynst the pretence of the earle of Huntington as chiefe titler therof for to the excluding of him do concurr not only those other of opposite houses but also the Pooles of his owne house as now vve shall see First then the contrary houses do alleage generally against al this house of Clarence that seing their clayme is founded only vppon the right of the daughter of George duke of Clarence second brother to K. Edward the fourth euident it is that so long as any lawful issue remayneth of any elder daughter of the said king Edward the elder brother as they say much doth and cannot be denyed no clayme or pretence of the yonger brothers daughter can be admitted and so by standing vppon this and answering to the obiections alleaged before against the elder houses they hold this matter for very cleere and al pretence of this house of Clarence vtterly excluded Secondly the same opposite houses do alleage diuers attainders against the principal heades of the house of Clarence vvherby their vvhole interests vvere cut of as namely it is to be shewed in three discents the one after the other to vvit in duke George himselfe the first head beginner of this house that was attainted and executed and then in the lady Margaret his daughter and heyre countesse of Salisbury and in like manner attaynted and executed thirdly in her sonne and heyre Henry Poole lord Monrague put also to death from vvhose daughters both the earle of Huntington his brethren vvith the children of Syr Thomas Barrington do descende and albeit some may say that the said house of Clarence hath bin since those attainders restored in blood yet reply these men that except it can be shewed that particuler mention was made of reabiliting the same to this pretence of succession to the crowne it vvil not be sufficient as in like manner they affirme that the same restoring in blood if any such were hath not bin sufficiēt to recouer the ancient landes and titles of honor which this house of Clarence had before these attainders for that they were forfeited therby to the crowne and so say these men was their forfeited therby in like manner vnto the next in blood not attainted this prerogatiue of succeeding to the crowne and cannot be restored againe by any general restauration in blood except special mention be made therof euen as vve see that many houses attainted are restored daylie in blood without restoremēt of their titles and dignities and a present example we haue in the earle of Arundel restored in blood but not to the title of duke of Norfolke and this saye the opposite houses against this house of Clarence But now thirdly entreth in also against the earle of Huntington the opposition of some of his owne house vvhich is of the issue of Syr Geffrey Poole brother to his grād father vvho say that vvhen the lord Henry Montague vvas put to death vvith his mother the countesse of Salisbury and therby both their pretences and titles cut of in them then fel al such right as they had or might haue vppō the said Sir Geffry Poole and not vppon his neece the lady Catherin daughter of the lord Henry his elder brother and mother of the earle of Huntingtō and this for three causes First for that he was not attainted and so vvhether we respect his grand-father duke George of Clarence or his great grand father duke Richard of York the saide right in this respect discended to him and secondly for that he vvas a degree neerer to the said dukes his ancestors then vvas at that tyme his neece Catherine vvhich right of neerest propinquitie say these men is made good lawful by al the reasons examples presidēts and authorities alleaged before in the fourth chapter of this conference in fauour of vncles before their nephewes and it shal not neede that vve speake any thing more of that matter in this place but only to remit your remembrance to that vvhich herein hath bin said before Fourthly they proue the same in fauour of Syr Geffrey for that the lady Catherin vvas a vvoman and Syr Geffrey a man vvhose priuilege is so great in a matter of succession as also hath bin touched before that albeit they had bin in equal degree and that Syr Greffrey were not a degree before her as he vvas yet seing neither of thē nor their fathers vvere euer in possessiō of the thing pretended Sir Geffrey should be preferred as hath bin shewed before by some presidents and shal be seene afterward in the case of Portugal wherin the king of Spaine that now is vvas preferred to the crowne for that respect only that his competitors vvere vvomen and in equal degree of discent vvith him and he a man And the very like allegation of propinquitie I haue hard produced for the lady Wenefred vvife of Syr Thomas Barrington if she be yet a-liue to wit that she is before the earle of Huntington and his brethrē by this reason of propinquitie in bloode for that she is one degree neerer to the stock then they Fiftly and lastely both these and other cōpetitors do alleage against the earle of Hūntington as an important and sufficient barr against his pretence the qualitie of his religion vvhich is as they say that he hath bin euer knowne to fauour those which commonly in Ingland are called Puritanes and not fauoured by the state but yet this
France and her father the king of spaine should be better able to defend and recouer his or her right to the crowne of Ingland then Eleanor his owne sister should be who vvas also in the handes of his said vncle for that he supposed that she also should be made away by him shortly after as in deede the french chronicle affirmeth that she vvas and howsoeuer this matter of duke Arthurs testament were yet certaine it is that vvhen he and his sister vvere put to death the next in kynne that could succeede them in their right to Ingland vvas this lady Blanch and her mother Queene Elenor that was sister to Arthurs father Geffrey duke of Britanie For that king Iohn their vncle was presumed by al men to be vncapable of their inheritance by his putting of them to death and child yet he had none and this is the second pointe that these men do deduce for the lady Infanta of Spayne by the title of Queence Eleanor and her daughter Blanch to whom the Infanta is next heyre A third interest also the same men do deriue to the Infanta by the actual deposition of king Iohn by the Barons and states of his Realme in the 16. yeare of his reigne and by the election and actual admission of Lewis prince of Frāce husband of the foresaid lady Blanch whom they chose with one consent and admitted and swore him fealtic and obedience in London for him and for his heyres and posteritie in the yeare 1217. and gaue him possession of the said citie and Tower of London and of many other cheefe places of the realme albeit afterwatd the most parte of the realme chainged their myndes agayne vppon the suddaine death of the said king Iohn and chose and admitted his yong sonne Henry the third a child of nync yeares old yet do the fauourers of the Infanta say that their remayneth to her as heyre vnto the said Lewis vntil this day that interest which by this election oth and admission of the realme remained vnto this prince Lewis which these men affirme to be the very like case as was that of Hugo Capetus in France who came to be king especially vppon a certayne title that one of his ancestors named Odo earle of Parris had by being once elected king of France and admitted and sworne though afterward he were deposed agayne and yong Charles surnamed the simple was admitted in his place as Henry the third was in England after the election of this Lewis But yet as the other continued euer his right and clayme vntil it was restored to Hugo Capetus one of his race so say these men may this Infanta cōtinew and renew now the demaund of this right of king Lewis her ancester for that titles and interestes to kingdomes once rightly gotten do neuer dye but remaine euer for the posterity to effectuate when they can thus much of this matter But after this againe these men do shew how that the said Infanta of Spayne doth discende also from Henry the third sonne of king Iohn by the dukes of Britanie as before in the secōd chapter hath bin declared and in the arbor and genealogie following in the end of this conference shal be seene for that king Henry besides his two sonnes Edward and Edmond which were the beginners of the two houses of Yorke and Lancaster had also a daughter named Lady Beatrix married to Iohn the second of that name duke of Britanie and by him she had Arthur the second and so lineally from him haue descended the princes of that house vntil theire vnion with the crowne of France and from thence vnto this lady Infanta of Spayne that now is who taketh herselfe for proper heyre of the said house of Britanie and heyre general of France as hath bin said By this third coniunction then of the house of Britanie with the blood royal of Ingland the frendes of the Infanta do argue in this manner that seing she discendeth of the sister of these two brothers which were the heades of the two opposite houses of Lancaster and Yorke and considering that each of these houses hath oftentymes bin attainted excluded from the succession by sondry actes of parlament and at this present are opposite and at contention among themselues why may not this right of both houses say these men by way of composition peace and comprimise at least be passed ouer to the issue of their sister vvhich resteth in the Infanta Agayne they saye that al these three branches of the lines of Inglish kings to wit by the lady Constance daughter of king William Conqueror by the lady Elenor daughter of king Henry the second and by the lady Beatrix daughter of king Henry the third it is euidēt that this lady the infanta of Spaine is of the true and ancient blood royal of Ingland and that diuers wayes she may haue clayme to the same vvhich being graunted they inferr that seing matters are so doubtful at this day about the next lawful succession and that diuers of the pretendores are excluded some for bastardie some other for religion some for vnaptnes to gouerne and some for other causes seing the common wealth hath such authoritie to dispose in this affaire as before the Ciuil lawyer hath declared why may there not consideration be had among other pretenders of this noble princesse also saie these men especially seing she is vnmarried and may therby cōmodate many matters and salue many breaches satisfie many hopes and giue contentment to many desires as the vvorld knoweth And this is in effect as much as I haue hard alleaged hitherto in fauour of the Infanta of Spayne but against this pretence others do produce diuers arguments and obiections as first of al that these her clayme 's be very old and vvorne out and are but collateral by sisters Secondly that she is a stranger and allien borne Thirdly that her religion is cōtrary to the state vnto al which obiections the fauourers aforesaid do make their answeres and to the first they say that antiquity hutteth not the goodnes of a title vvhen occasion is offred to aduāce the same especially in titles apperteyning to kingdomes which commonly are neuer presumed to dye as hath bin said and nullum tempus occurrit Regi saith our law And as for collateral lines they say that they may lawfully be admitted to enter when the direct lynes do eyther fayle or are to be excluded for other iust respects as in our case they hold that it happeneth And as for the second pointe of forraine birth they saye there hath bin sufficient answered before in treating of the house of Scotland that in rigor it is no barr by intention of any Inglish law yet whether in reasō of state politique gouerment it may be a iust impedimēt or no it shal after be handled more al large vvhen we come to treat of the house of Portugal
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
noble houses before mētioned in our country of the dela Pooles Staffords Plantagenets and others destroyed by king Henry the eight vvhat auayled them that the said king was not only their country man but also their neare kinsman vvhat profit or commodity vvas it vnto Thomas of woodstock duke of Glocester that he liued vnder a king that was his nephew to wit king Richard the second or to George duke of Clarence in king Edward the fourthes tyme that the said king vvas his owne brother when both of them vvere pursued disgraced and put to death by them and lost their liues landes dignities goodly possessions stately manners gorgeous houses vvith their wiues children al other felicities of this world vvhich perhaps vnder a strainge prince they might haue enioyed many a fayre day and yeare This is that then vvhich these men do first require to vvitt that al fansie and fonde opiniō of the vulgar people be aparted in this matter from truth and substance as also say they vve ought to desire and determine vvho are properly straingers or forrainers seing that some do take for straingers and forayners al those that are not of the same dominion and gouermente though otherwise they be of the same nation and language according as those other men that are enimyes to straingers saide a litle before if you remember that the princes of the house of Guyse and their kynred are taken for straingers in france by them that by that meanes would make them odious to the people for that their ancestors in tymes past came out of Lorayne vvhich is a prouince ioyning hard vppon france of the same nation lāguage and manners but only vnder an other prince And so I my selfe noted in my traueling throughe Italie that the Florātines are hated called straingers in Siena vvhere they gouerne albeit the one state be not 30. myles from the other and both of one nation language manners and education And on the contrary side vve shal se that some of different language nation do hold themselues for country men as for example the Biscayns in Spaine do not hold the Castilians for straingers but are contented to be ruled by them as by their owne countreymen albeit they be a different nation and haue different language aud manners and the same I do note in the Britaynes and Normans towards the French in the welsh also towards the Inglish vvho are a different people and of different language and yet are they gouerned peaceably by the Inglish the Inglish againe do accompt them for their country mē as may appeare by that vvhen king Henry the seuenth came to be king of Ingland I do not finde any resistance made against him by the Inglish for that respecte that he vvas of that nation as euidently he vvas by his fathers side that vvas of the Tidders of vvales so as this pointe also vvho be straingers and vvho be not seemeth to be a thing that dependeth much of the opinion and affection of each people nation the one towards the other And this being so these men come to treate more particulerly of the purpose in hand and do saye that in two or three manners a nation may come to be vnder the gouerment of straingers or forrayners first as a prouince that is to saye as a peece or member of an other dominion as Ingland vvas in tymes past vnder the Romans and as Ireland is vnder Ingland at this day and as the Brittons are vnder France and as many states of Italie be vnder the crownes of Aragon and Castile And this may come to passe either by Conquest and force of armes as the Welsh came to be vnder the Inglish and the Inglish to be vnder the Normans and Danes and as Sicilia and Naples came to be vnder the Spaniards and as Normandye and Aquitaine came to be vnder the French as almost al the world in old tyme was brought to be vnder the Romans or otherwise the same may come to passe by inheritance as Aquitaine and Normandie in tymes past came to Ingland as Flanders vvith the states therof came to the house of Austria and as Britany to the crowne of France or els thirdly it may happen by mixt meanes that is to say partly by force and partly by other meanes of composition as Millā came to Spayne and Ireland to Ingland according as the Irish do hold and so Portugal hath in out dayes come to the king of Spaine for that besides his pretence and right of inheritance he vsed also force of armes for getting the same Of al these three vvayes then euident it is that Conquest is the hardest and most preiudicial to the subiects for that theare al standeth at the wil and clemency of the Conqueror vvhom either anger or feare or ielosie of his assurance may often driue to hold a hard hand ouer the conquered at least vvise for a tyme vntil his estate be better setled so that I maruaile not though no people or country commonly would willingly be conquered but yet pollicye also teacheth such a Cōqueror vvhatsoeuer he be that as on the one side it behoueth him to be watchful so to fortyfie himselfe as the vnquiet can do him no hurt so on the other side is it necessarie by the same rule of pollicie to vse al fauour and sweete meanes to content gayne those that be or may be made quiet for better establishing of his state euē as a Phisition after a vehement purgation doth minister lenitiues and sofre medicines to calme and appease the good humors left and to strenghten the vvhole body againe that it may hold out This we see to be true not only by reason of state and pollicy as hath bin said but also by experience of al countries that haue bin conquered in Europ or other where if the continual resisting and reuolting of those that are conquered do not cause a contrary course in the Conqueror as it did in the conquest of the Danes and Normands vppon the Inglish and in the conquest of the Inglish vppon the British or Welsh vvhere the often rysing of them that were ouercome enforced the vanquishers to be much more cruel and rigorouse thē other vvise they would haue bin for al our stories do testifie that king Sweno the Dane and much more his sonne king Canutus as also William conqueror had a great desire after their victories to haue appeased and made much of the Inglish nation but that they vvere neuer quiet vnder them and so in like manner the Inglish kings oftentymes gaue their daughters in marriage to the princes of Wales and many priuileges to that people therby to gayne them but that their continual reuolting caused much seuerity and bloodshed to be vsed and the like seuerity did it cause oftentimes in the very Romans towards the said Britaynes conquered But vvhere the people vanquished vvere content to be quiet
to affirme againe that the euent must needes be excedinge doubtful who shall in the ende preuaile for that besides the multitude before named of pretenders he auouched very seriously that after al this his speech he could not vvell resolue with him selfe vvhich of al these titles in true right of succession was the best and much lesse which of the tytlers vvas likest to preuaile and this I presume the lawyer told them of himselfe for that he did easely forsee and imagine that after al these arguments on euery side alleaged he should be requested by the company as vehemently he vvas to put downe his opinion what he thought and iudged of al the whole matter hitherto discussed and of euery mans pretence in particuler Which in no case he could be brought to do for a longe tyme but refused the same vtterly and craued pardon and yeilded many reasons why it was not cōuenient might be odious But al would not serue to acquiet the companye which with all earnest importunitie vrged hym to satisfie their request so vppon large and earnest intreaty he vvas content in the ende to yeeld to this only that he would lay together by way of discourse the probabilities of euery side and lastly set downe in two or three propositions or rather coniectures his priuate ghesse vvhich of them in his iudgment vvas likest to preuaile First then he began to say that the probalities of preuailing or not preuailing of euery one of these pretendors in the next succession of the crowne of Ingland these pretendors maye be considered and measured either in respect of the partie of religion that vvas like in Ingland to fauour him and his pretence or els in respect of his owne particuler familie frends and allies both at home and abroad And for that the partie of religion is like to weigh most and to beare the greatest swaye and most potent suffrage and voice in this action and that with reason according to that the Ciuilian hath proued at large in the last of his discourses therefore shal I also quoth the lawyer first of al treat of this pointe of religion in this my last speeche It is wel knowne said he that in the realme of Ingland at this day there are three different and opposite bodies of religion that are of most bulk and that do carry most sway and power which three bodies are knowne commonly in Ingland by the names of Protestants Puritanes and Papistes though the later tvvo do not acknowledge these names and for the same cause would not I vse them neither if it vvere not only for cleernes and breuities sake for that as often I haue protested my meaning is not to giue offence to any side or partye These three bodies then quoth he do comprehend in effect al the force of Ingland and do make so general a diuision and separation through-out the whole lande in the hartes myndes of their frends fauourers followers as if I be not deceaued no one thing is lyke so much to be respected in each pretender for his aduancement or depression as his religion or inclination therin by them that must assist him at that daye and are of different religions themselues And more I am of opinion sayd he that albeit in other changes heertofore in Ingland as in the entrance of king Edward and Queene Mary and of this Queenes Maiestie that now is diuers men of different religions did for other respects concur and ioyne together for these Princes aduancements notwithstanding that afterwards many of them repented the same which is to be seene in that for king Edward al the realme without exception did concurr and for Queene Mary it is knowne that diuers protestants did by name among other points it is also knowne that Sir Nicholas Throgmorton a feruent protestant in those dayes being of king Edwards priuy chamber dyd not only aduise her of the sycknes and decay of king Edward from day to day but also was the first that sent an expresse messenger to aduise her of her brothers death and vvhat the two dukes of Northumberland and Suffolke did contriue against her and that with such celeritye that king Edward dying but on thursday night the tenth of Iuli the Lady Mary was most certainly aduised therof by saterday morning next and that very early in kenninghal castle of Norfolke 80. miles of and diuers other protestants did assist her also in that her entrey as in like manner al those of the Roman that day sayd he and especially if he can conceale for a tyme the disceasse of her Maiestie vntil he may be able to put his affaires in order but this is holden to be either impossible or very hard for the different iudgments and affections which are not thoughte to be wanting in the court councel and Princes chamber it selfe wherof we saw the effect as before I tould you at the death of king Edward which was as much indeuoured to be kept sectet as euer any was and as much it imported the concealers and yet with in not many houres after had the Lady Mary most certayne notice therof by those that were opposite to her in religion as I haue shewed before so ardent are mens myndes in such occasions so capable of new impressiōs designemēts desires are al kinde of subiects vppon such great changes A chiefe member of the protestant body as you know for wealth and force is the cleargie of Ingland especially the bishops and other men in Ecclesiastical dignity which are like to be a great backe to this partie at that day though some men thinke that it be not very certayne which part of the nobilitie and councell will stick vnto them for that many in hart are presupposed to fauour the Puritan And for the priuy coūcell in particuler though during the Princes life their authority be supreme yet is it not so afterward nor haue they any publique authoritie at al the Prince hauing once expired but only as noblemen or gentlemen according to each mans state and calling in seueral and for the next successor seing none is knowne nor sworne in the life of this Prince nor were it her safetie that any should be cleere it is that after her Maiesties discease euery man is free vntil a new be established by the common wealth which establishmēt doth not depēd vppon the appoyntment or wil of any few or vppon any mans proclayming of himselfe for diuers are like to proclayme themselues but vppon a general cōsent of the whole body of the realme which how it vvill be brought to passe God only knoweth to him we must commende it I do no know quothe he of any certaine person pretendent to whom this protestant partye is particularly deuoted at this day more then to the rest thoughe the house of Hartford was wont to be much fauoured by them but of latter yeares little spech hath bin