to wit that the French state in a publique assembly did chose two Princes to be their kings with expresse condition to deuide the realme equally as Francis Belforest citeth his wordes which two French authors I meane Girard and Belforest I shal vse principally hereafter in the rest of my citations After three yeares that these two bretherē had reigned together king Carlomon the yonger died and left many sonnes the elder wherof vvas named Adalgise but Belforest sayeth that the Lords ecclesiastical temporal of France swore fidelitie and obedience to Charles without any respect or regard at al of the children of Carlomon who yet by right of succession should haue bin preferred Paulus Emilius a latine writer saith proceres regni ad Carolum vltro venientes regem eum totius Galliae salutarunt that is the nobility of the realme comming of ther owne accord vnto charles saluted him king of al France wherby is shewed that this exclusion of the children of Carlomon was not by force or tiranny but by free deliberation of the realme After Charles the great reigned by successiō his only sonue Luys the first surnamed de bonnaire of his curtesye vvho entring to reigne in the yeare 817. vvith great applause of al men for the excedinge grateful memory of his father vvas yet afterward at the poursuite principally of his owne three sonnes by his first wife which were Lothair pepin and Luys deposed first in a councel at Lions and then agayne at Compeigne and put into a monastery though afterward he came to reigne agayne and his fourth sonne by his secōd vvife vvhich sonne vvas named Gharles le chauue for that he vvas bald succeded him in the states of France though after many battels against his eldest brother Lothaire to whom by succession the same appertayned After Charles the balde succeded Luys the second surnamed le begue for his stuttering who was not eldest but third sonne vnto his father for the second dyed before his father the eldest vvas put by his succession for his euel demeanure this Luys also vvas like to haue bin depriued by the states at his first entrāce for the hatred conceaued against his father Charles the bald but that he calling a solemne parlament at Compeigne as Girard saith he made the people cleargie and nobilitie many faire promises to haue their good vvilles This Luys the stuttering left two bastard sonnes by a cōcubine vvho vvere called Luys and Carlomō as also he left a litle infant newly borne of his lawful vvife Adeltrude daughter to king Alfred of Ingland vvhich infant vvas king of France aftervvard by the name of Charles the simple albeit not immediatly after the death of his father for that the nobles of Frāce said that they had need of a man to be king not a childe as Girard reporteth therfore the vvhole state of France chose for their kinges the tvvo foresaid bastards Luys the third and Carlomon the first of that name ioyntly and they vvere crowned most solemnly deuided the vvhole realme betwene them in the yeare of Christ 881. and Queen Adeltrude vvith her childe true heyre of France fled into Ingland to her father and ther brought him vp for diuers yeares in which tyme she saw foure or fiue kinges reigne in his place in France one after the other for breflv thus it passed Of thes tvvo bastard kings the elder named Luys reigned but foure yeares died without issue the second that is Carlomon liued but one yeare after him and left a sonne called also Luys vvhich succeded in the kingdome by the name of Luys the fift and surnamed Faineant for his idle and slouth ful life For which as also for his vitious behaueour and in particuler for taking out and marying a Nōne of the Abbey of S. Baudour at Chells by Partis he vvas depriued and made a monke in the Abbey of S. Denys vvher he died and in his place vvas chosen king of France and crowned vvith great solemnitie Gharles the 4. Emperor of Rome surnamed le gros for that he vvas fat and corpulēt he vvas nephew to Charles the bald before mentioned and therfore the French stories say that he came to the crowne of France partly by succession and partly by election but for succession vve see that it vvas nothing worth for so muche as Charles the simple the right heyre was a liue in Ingland vvhom it semeth that the french men had quite forgotten seing that now they had not only excluded him three tymes already as you haue hard but afterwards also againe when this grosse Charles was for his euel gouermēt by them deposed and depriued not only of the kingdome of France but also of his Empire vvhich he had before he was kinge was brought into such miserable penurie as diuers write that he perished for wāt At this tyme I saye the states of France vvould not yet admitt Charles the simple though hither to his simplicity did not appeare but he seemed a goodly Prince but rather they chose for king one Odo Earle of Paris and Duke of Angiers and caused him to be crowned But yet after a few yeares being vveary of this mans gouerment and moued also some what with compassion towards the youth that vvas in Ingland they resolued to depose Odo and so they did vvhiles he vvas absent in Gascony and called Charles the simple out of Ingland to Paris and restored him to the kingdome of France leauing only to Odo for recompence the state of Aquitaine with title of a Duke wherwith in fine he contented himselfe seing that he could get no more But yet his posterity by vertue of this election pretended euer after a title to the crowne of France and neuer left it of vntil at length by Hugo Capetus they gat it for Hugh descended of this king and Duke Odo This king Charles then surnamed the simple an Inglish vvomans sonne as you haue hard being thus admitted to the crowne of France he toke to vvife an Inglish vvoman named Elgina or Ogin daughter of king Edward the elder by whom he had a sonne named Lewys and himselfe being a simple man as hath bin saide vvas allured to go to the castle of peronne in Picardie vvher he vvas made ptisoner and forced to resigne his kingdome vnto Rafe king of Burgundye and soone after he dyed through misery in the same castle and his Queene Ogin fled into Ingland vvith her litle sonne Luys vnto her vncle kinge Adelstan as Queene Adeltrude had done before vvith her sonne vnto king Alfred and one of the chiefe in this action for putting downe of the simple vvas Counte Hugh surnamed the great Earle of Paris father vnto Hugo Capetus vvhich after vvas king But this new king Rafe liued but three yeares after and then the states of France considering the right title of Luys the lawful child of
made king of France reyned many yeares by the name of Henry the first this he sayeth happened partly for that Robert vvas but a simple man in respect of Henry and partly also for that Henry was greatly fauored and assisted in this pretence by Duke Robert of Normandy father to our William the conqueror and in recompence hereof this king Henry afterward assisted the said Williā bastard sonne to Robert for the attayning of the Dukdome of Normandie after the death of the said Duke Robert his father notwithstanding that Duke Robert had two lawful brothers a liue at that tyme whose names were Manger Archbishop of Roan and William Earle of Argues in Normandie who pretended by succession to be preferred But the states of Normandie at the request of Duke Robert vvhen he went to the holy land in which iorney he died as also for auoyding of dissention and warres that other wise might insue were content to exclude the vncles and admitt the bastard sonne who vvas also assisted by the forces of the king of France as hath bin said so as no scruple it seemed ther vvas in those dayes ether to prefer king Henry to the crowne of France before his elder brother or Duke William the bastard sonne to the Duchie of Normandy before his lawful vncles vppon such dow considerations as those states may be presumed to haue had for their doings I read also that some yeares after to vvit in the yeare 1110. when Phillip the first of France sonne and heyre to this king Henry of whose solemne coronation you haue hard before in the senēth chapter was deceased the people of France were so offended vvith his euel life and gouerment as diuers vvere of opinion to disinherite his sonne Lewis the sixt surnamed le Gros for his sake and so vvas he like to haue bin indeede as may appeare by the chronicle of France if some of his partie had not caused him to be crowned in hast and out of order in Orleans for preuenting the matter The like doth Phillip Cominaeus in his story of king Luys the eleuenth declare how that the state of France had once determyned to haue disinherited his sonne Charles named after the eight and to put him back from his succession for their hatred to his father if the said father had not died vvhile the other vvas very yong as I noted before also that it happened in king Henry the third of Ingland vvho vvas once condemned by the Barons to be disinherited for the fault of king Iohn his father and Lewys the princo of France chosen in his place but that the death of king Iohn did alter that course intended by the Inglish nobilitie so as this matter is nether new not vnacustomed in al foraine countryes and now wil I passe also a little to our Inglish stories to see whether the like may be found in them or no. And first of al that the realme of Inglād hath had as great varietie changes and diuersitie in the races of their kinges as any one realme in the world it semeth euident for that first of al after the Britaines it had Romans for their gouernours for many yeares and then of them their roman blood they had kings agayne of ther owne as appereth by that valiant king Aurelius Ambrosius Who resisted so manfully and prudently the saxons for a tyme after this they had kings of the saxon Inglish blood and after them of the Danes and then of the Normanes after them agayne of the Frēch last of al it semeth to haue returned to the Britains agayne in king Henry the 7. for that his father came of that race and now you know ther be pretendors of diuers nations I meane both of Scottish Spanish and Italian blood so that Inglād is like to participate with al their neybours round about them I for my part do feele my selfe much of the French opinion before alleaged that so the ship be wel happely guyded I esteeme it not much important of what race or natiō the pilote be but now to our purpose I meane to passe ouer the first and ancient rancks of kings as vvel of the British Romā as also of the Saxon races vntil king Egbert the first of this name king of the west Saxons and almost of al the rest of Ingland bisides vvho therfore is said to be properly the first monarch of the Saxon blood and he that first of al commaunded that realme to be called Ingland which euer since hath bin obserued This man Egbert being a yong gentleman of a noble house in the west parts of Ingland was had in ielosie by his king Britricus vvho vvas the 16. Kinge from Cerdicius first king of the vvest Saxons as he was also the last of his blood And for that he suspected that this Egbert for his great prowesse might come in tyme to be chosen king he banished him into France vvher he liued diuers yeares and vvas a captayne vnder the famous king Pepin that vvas father to Charles the great and hearing aftervvards that king Britricus vvas dead he returned into Ingland vvher Polidor sayeth omnium consensu rex creatur that he was created or chosen king by consent and voyce of al men though yet he vvere not next by propinquity of blood royal as is most euident and yet he proued the most excellent king that euer the saxons had before or perhapps after and his election happened in the yeare of Christ 8. hundreth and tvvo vvhen King Pepin the first of that race reigned as hath bin said in france so as this monarchy of Egbert and that of Pepin wherof we haue alleaged so many examples in the former chapter began as it vvere together and both of them I meane both Pepin and Egbert came to their crownes by election of the people as heere you see This king Egbert or Egbrich as others do write him left a lawful sonne behind him named Elthel wolfe or Adeluulfe or Edolph for al is one vvho succeded him in the kingdome and was as worthy a man as his father and this Adeluulfe agayne had foure lawful sonnes vvho al in their turnes succeded by iust and lawful order in the crowne to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former three had any children and al the later three were most excellent princes especially Alfred or Alured the last of al foure whose acts are wonderful and who among other his reuoumed gestes draue Rollo that famous captaine of the danes from the borders of Ingland with al his company into France wher he gat the countrey or prouince named then Neustria novv Normandie and was the first Duke of that prouince and nation and from whom our William Conqueror came afterwards in the sixth discent This man erected also the vniuersitie of Oxford being very learned himselfe buylded diuers
affliction also ensewed in France though not for succession but vppon other occasions betwene the great and royal houses of Burgundy and Orleans vvherby al three common wealthes I meane Ingland Britanie and France vvere like to haue come to distruction and vtter desolation And for that it may serue much to our purpose hereafter to vnderstand vvel this contiousie of Britanie I thinke it not amisse in few vvordes to declare the same in this place thus then it happened The foresaid Arthur the secōd of that name duke of Britanie and sonne of Lady Beatrix that was daughter as hath bin said to king Henry the third of Ingland had two vviues the first named Beatrix as his mother vvas and by this he had two sonnes Iohn that succeded him in the state by the name of duke Iohn the third and Guye that dying before his elder brother left a daughter and heyre named Ioan and surnamed the lame for that she halted who vvas marryed to the earle of Bloys that vvas nephew to Phillip of Valois king of France for that he vvas borne of his sister But besides these two children the said duke Arthur had by his second wife named Ioland countesse and heyre of the earldome of Monford an other sonne called Iohn Breno vvho in the right of his mother vvas earle of Monford And afterward vvhen duke Iohn the third came to die vvithout issue the question vvas who should succede him in his dukedome the vncle or the neece that is to saye his third brother Iohn Breno by half bloode or els his Neece Ioan the lame that vvas daughter and heyre to his second brother Guye of whole bloode that is by father and mother which lady Ioan was marryed to the earle of Bloys as hath byn said And first this matter vvas handled in the parlament of Paris the king himselfe sitting in iudgment vvith al his peeres the 30. day of Septemb. 1341. and adiuged it to the earle of Bloys both for that his wife vvas heyre to the elder brother as also for that duke Iohn by his testament and consent of the states had appointed her to be his heyre but yet king Edward the third and states of Ingland did iudge it otherwise and preferred Iohn Monford not knowing that the very like case vvas to fal out very soone after in Ingland I meane they iudged the state to Iohn Breno earle of monford yonger brother to Guye they did assist him and his sonne after him vvith al their forces for the gayning and holding of that state And albeit at the beginning it seemed that matters went against Monford for that himselfe vvas taken prisoner in Nantes and carryed captiue to Paris vvhere he dyed in prison yet his sonne Iohn by the assistance of the Inglish armies gat the dukedome afterward and slew the earle of Bloys and vvas peaceably duke of Britanie by the name of Iohn the fourth and his posterity hath indured vntil this day as briefly heere I wil declare This duke Iohn the fourth of the house of Monford had issue Iohn the fift he Francis the first vvho dying without issue left the dukedome to Peter his brother and Peter hauing no children neither he left it to his vncle Arthur the third brother to his father Iohn the fift and this Arthur vvas earle of Richmond in Ingland as some of his ancestors had bin before him by gyftes of the kings of Ingland This Arthur dying without issue left the dukdome vnto his nephew to vvit his brothers sonne Francis the second who vvas the last male child of that race and was he that had once determyned to haue deliuered Henry earle of Richmond vnto his enimye king Edward the fourth and after him to king Richard the 3. but that Henries good fortune reserued him to come to be king of Ingland This duke Francis had a daughter and heyre named Anna marryed first to Charles the eight king of France and after his death without issue to his successor Lewis the 12. by whome she had a daughter named Claudia that was heyre to Britanie though not to the crowne of France by reason of the law Salique that holdeth against vvomen in the kingdome of Frace but not in Britanie and to the end this dukdome should not be disvnited agayne from the said crowne of France this daughter Claudia vvas marryed to Francis duke of Angoleme heyre apparent to the crowne of France by vvhom she had issue Henry that was afterward king of France and vvas father to the last king of that country and to Ysabel mother of the Infanta of Spayne and of her sister the duchesse of Sauoye that now is by which also some do affirme that the said princesse or Infanta of spayne albeit she be barred from the successiō of France by their pretended law Salique yet is her title manifest to the dukdome of Britanie that came by a woman as we haue shewed and thus much of the house of Britanie and of the princesse of Spaine how she is of the blood royal of Ingland from the tyme of VVilliam Conqueror himselfe by his eldest daughter as also by other kings after him and now we shall returne to prosecute the issue of these two sonnes of king Henry the third to wit of Edward and Edmond which before we left I shewed yon before how king Henry the third had two sonnes Edward the prince that vvas king after his father by the name of Edward the first and Edmond surnamed crokback by some writers who vvhas the first earle and county Palatine of Lancaster and beginner of that house And albeit some writers of our tyme haue affirmed or at least wise much inclined to fauour a certayne old report that Edmōd should be the elder brother to Edward and put back only for his deformity of his body wherof Polidor doth speak in the begining of the reigne of king Henry the fourth and as vvel the Bishop of Rosse as also George Lylly do seeme to beleeue it yet euident it semeth that is was but a fable as before I haue noted and now againe I shall briefly proue it by these reasōs following for that it importeth very muche for deciding the cōtrouersie between the howses of Lancaster and yorke The first reason then is for that al ancient historiographers of Ingland and among them Matheus Westmonasteriensis that liued at the same tyme do affirme the cōtrary and do make Edward to be elder then Edmond by six yeares and two dayes for that they appointe the birth of Prince Edward to haue bin vppon the 16. day of Iune in the yeare of Christ 1239 the 24. of the reigne of his father king Henry and the birth of Lord Edmond to haue followed vppon the 18. day of the same moneth 6. yeares after to wit in the yeare of our lord 1245. and they do name the godfathers and godmothers of them both together with the peculier
after for keping of his oth that he had made vnto his father neuer pretended any right to the crowne yet king Richard knowing vvel the pretence that he and his might haue vvas stil afraid of him and sought infinite meanes to be rydd of him first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt and then offering to giue him al Aquitaine if he vvould leaue Ingland to goe liue there as he did for three yeares vvith extreme peril for that the people of Aquitaine would not receaue him but rose against him and refused his gouerment and vvould not admitt him for their Lord but appealed to the king vvho also allowed therof and so vvhen Iohn of Gaunt came home into Ingland againe kinge Richard thought no better way to vveaken him then to banish his sonne Henry duke of Herford and so he did And besides this the said king Richard practised also by diuers secret drifts the death of his said vncle the duke of Lancaster as Walsingham witnesseth and vvhen the said duke came at lenghte to dye which vvas in the 22. yeare of king Richards raigne he vvrote such ioyous letters therof as frossard saith to his father in law the sixt Charles king of France as though he had bin deliuered of his chiefest enemy not immagining that his owne distructioÌ„ was so neere at hand and much accelerated by the death of the said duke as it was And these vvere the causes say the fauorers of the house of Lancaster why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer in preiudice of the house of Lancaster and not for that the right of earle Mortimer vvas better then that of the duke of Lancaster And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament for matter of succession according to their owne affections for the like say they did Edward the third procure in the fauour of this Richard as before I haue shevved in the last parlament before his death and afterward againe king Richard the third vvith much more open 〈◊〉 caused an act of parlament to passe in his dayes vvherby his nephew Iohn de la pole earle of Lincolne sonne to his sister Elizabeth duchesse of Suffolke vvas declared heyre apparent to the crowne excluding therby the children of his two elder brothers to vvit the daughters of king Edward the fourth and the sonne and daughter of Georg duke of Clarence vvhich yet by al order should haue gone before their sisters children And like facilitie founde king Henry the 8. to get the consent of two parlaments to giue him authority to appointe what successor he would of his owne kynred by which authority afterward he apointed by his testament as in an other place shal be shewed that the issue of his yonger sister mary should be preferred before the issue of his eldest sister Margaret of Scotland A like declaration was that also of king Edward the sixt of late memory vvho appointed the lady Iane Gray his cosen germane remoued to be his heyre and successor in the crowne of Ingland and excluded his owne tvvo sisters the lady Mary and the lady Elizabeth from the same but these declaratioÌ„s make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratioÌ„ of Roger Mortimer to be heyre apparent for that they hold and auow the house of Lancaster to haue had the true right to enter not only after the death of king Richard the second as it did but also before him that is to say immediatly vppon the death of king Edward the third for that Iohn of Gaunt vvas then the eldest sonne which king Edward had lyuing and neerer to his father by a degree then vvas Richard the nephew About vvhich pointe to wit vvhether the vncle or the nephew should be preferred in succession of kingdomes it seemeth that in this age of K. Edward the third there vvas great trouble and controuersy in the world abroad for so testifieth Girard du Haillan Counceler and secretary of France in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne and therfore no maruaile though king Edward tooke such care of the sure establishing of his nephew Richard in succession as is before related And much lesse maruail is it if king Richard had stil great ielosy of his vncle the duke of Lancaster and of his ofspring considering how doubtful the question vvas among the wise and learned of those dayes For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited thus then he vvriteth About this tyme sayeth he their did arise a great and doubtful question in the world whether vncles or nephewes that is to say the yonger brother or els the children of the elder should succed vnto realmes and kingdomes vvhich coÌ„trouersy put al christianity into great broyles and troobles For first Charles the secoÌ„d king of Naples begar of Mary his wife Queene and heyre of Hungary diuers children but namely three sonnes Marrel Robert and Phillip 〈◊〉 dying before his father left a sonne named Charles vvhich in his grandmothers right vvas king also of Hungary but about the kingdome of Naples the question vvas vvhen king Charles was dead who should succeed him either Charles his nephew king of Hungary or Robert his second sonne but Robert vvas preferred and reygned in Naples and enioyed the earldome of Prouince in France also for the space of 33. yeares vvith great renowne of valor wisdome And this is one example that 〈◊〉 recounteth vvhich example is reported by the famoê° lawyer 〈◊〉 in his commentaries touching the succession of the kingdome of Sicilia and he saith that this succession of the vncle before the nephew vvas auerred also for rightful by the learend of that tyme and confirmed for inst by the iudicial 〈◊〉 of Pope Boniface and that for the reasons which afterward shal be shewed vvhen vve shal treat of this question more in particuler An other example also reporteth Girard vvhich 〈◊〉 immediatly after in the same place for that the forsaid king Robert hauing a sonne named Charles which dyed before 〈◊〉 he left a daughter and heyre named Ioan neece vnto king Robert which Ioan was married to Andrew the yonger sonne of the foresaid Charles king of Hungary but king Robert being dead ther stept vp one Lewis prince of Tarranto a place of the same kingdome of Naples who vvas sonne to Phillip before mentioned vonger brother to king Robert vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man and one degree neerer to king Charles his grand father then Ioan was for that he was nephew
vvoman vvho ought not to be preferred before so many men as at this tyme do or may stand for the crowne and that it vvere much to haue three women to reigne in Ingland one after the other vvher-as in the fpace of a-boue a thousaid yeares before them there hath not reigned so many of that sexe nether together nor a sunder for that from king Cerdick first king of the vvest Saxons vnto Egbright the first monarch of the Inglish name and nation conteyning the space of more then 300. yeares no one vvomā at al is founde to haue reigned and from Egbright to the Conquest which is almost other 300. yeares the like is to be obserued and from the conquest downeward vvhich is aboue 500. yeares one only vvoman was admitted for inheritrix vvhich was Maude the Empresse daughter of king Henry the first vvho yet after her fathers death vvas put back and king Stephen vvas admitted in her place and she neuer receaued by the realme vntil her sonne Henry the second vvas of age to gouerne himselfe then he vvas receaued vvith expresse condition that he should be crowned and gouerne by himselfe and not his mother which very conditiō vvas put also by the spaniards not long after at their admitting of the lady Berenguela yonger sister of lady Blauch neese to king Henry the second vvherof before often mention hath bin made to vvit the condition vvas that her sonne 〈◊〉 should gouerne and not she though his title came by her so as this circumstance of being a woman hath euer bin of much consideration especially where men do pretend also as in our case they doe An other consideratiō of these men is that if this lady should be aduanced vnto the crowne though she be of noble blood by her fathers side yet in respectt of alliance with the nobility of Ingland she is a meere strainger for that her kyndred is only in Scotland and in Inglād she hath only the Candishes by her mothers side vvho being but a meane familie might cause much grudging amōg the Inglish nobility to see them so greatly aduanced aboue the rest as necessarily they must be yf this womā of their linage should come to be Queene vvhich how the nobility of Ingland vvould beare is hard to say and this is as much as I haue heard others saye of this matter and of al the house of Scotland vvherfore vvith this I shal end and passe ouer to treat also of the other houses that do remayne of such as before I named OF THE HOVSE OF SVFFOLK CONTEYNING THE CLAYMES OF THE COVNTESSE OF Darby and her children as also of the children of the earle of Hartford CAP. VI. IT hath appeared by the genealogie set downe before in the third chapter and oftētymes mentioned since how that the house of Suffolk is so called for that the lady Mary secōd daughter of king Henry the seuenth being first married to Lewis the 12. king of France vvas afterward married to Charles Brandon duke of Suffolke who being sent oner to condole the death of the said king gat the good will to marry the widow Queene though the common fame of al men vvas that the said Charles had a vvife lyuing at that day and diuers yeares after as in this chapter vve shal examine more in particuler By this Chatles Brandon then duke of Suffolk this Queene Mary of France had tvvo daughters first the lady Francis married to Syr Henry Gray marques Dorset and aftervvard in the right of his vvife duke also of Suffolke vvho vvas afterward be-hedded by Queene Mary and secondly lady Elenor married to Syr Henry Clifford earle of Cumberland The lady Francis elder daughter of the Queene and of Charles Brandon had issue by her husband the said last duke of Suffolke three daughters to wit Iane Catherin and Mary which Mary the yongest vvas betrothed first to Arthur lord Gray of wilton and after lefte by hym she was marryed to one M. Martin keyes of kent gentlemā porter of the Queenes housholde and after she dyed without issue And the lady Iane the eldest of the three sisters was married at the same tyme to the lord Guylford Dudley fourth sonne to Syr Iohn Dudley duke of Northumberland and vvas proclaymed Queene after the death of king Edward for which acte al three of thē to vvit both the father sonne and daughter in law were put to death soone after But the L. Catherin the second daughter vvas married first vppon the same day that the other two her sisters vvere vnto lord Henry Herbert now earle of Penbroke and vppon the fal and misery of her house she was left by him and so she liued a sole vvoman for diuers yeares vntil in the begining of this Queenes dayes she was found to be vvith child which she affirmed to be by the lord Edward Seymer earle of Hartford vvho at that tyme was in France vvith Syr Nicholas Throgmorton the Embassador and had purpose and licence to haue trauailed into Italie but being called home in haste vppō this new accident he cōfessed that the child vvas his and both he and the lady affirmed that they were man and vvife but for that they could not proue it by witnesses for attempting such a match with one of the blood royal without priuity and licence of the prince they were committed both of them to the tower vvhere they procured meanes to meete againe afterward had an other childe vvhich both children do yet liue and the elder of them is called lord Henry Beacham and the other Edward Seymer the mother of whom liued not long after nether married the earle againe vntil of late that he married the lady Francis Howard sister to the lady Sheffeild and this is all the issue of the elder daughter of Charles Brandon by lady Mary Queene of France The second daughter of duke Charles and the Queene named L. Elenor vvas married to Henry lord Cliford earle of Cumbeiland and had by him a daughter named Margaret that married Syr Hēry Stanley lord Strāge after earle of Darby by vvhom the said lady who yet liueth hath had issue Fernande Stanley now earle of Darby William and Francis Stanley this is the issue of the house of Suffolk to vvit this Countesse of Darby with her children and these other of the earle of Hartford of al whose clayme 's and titles vvith their impediments I shal here briefly giue accompt and reason First of al both of these families do ioyne together in this one pointe to exclude the house of Scotland both by foraine birth and by the foresaid restament of king Henry authorized by two parlaments by the other exclusions which in each of the titles of the king of Scots and of lady Arbella hath bin before alleaged But then secondly they come to vary betweene themselues about the priority or propinquitie of their owne succession for the children of the earle
by al the states of that counttey but also a broad as namely of Maximilian the Emperor and approued also by the king of Denmarke and by al the Princes of Germany neere about that realme who saw the resonable causes which that common wealth had to proceed as it did And a litle before that the like was practised also in Denmarke agaynst Cisternus ther lawful king if we respect his discent in blood for he vvas sonne to king Iohn that reigned a fore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he vvas depriued and driuen into banishment together with his vvife and three children al vvhich were disinherited his vncle Frederik Prince of Holsatia vvas chosen king whose progeni yet remayneth in the crowne the other though he were marryed to the sister of Charles the fifth last Emperor of that name and vvere of kyn also to king Henry the eight of Ingland yet could he neuer get to be restored but passed his tyme miserably partly in banishment and partly in prison vntil he dyed But it shal be best perhapps to ende this narration with an example or two out of Ingland it selfe for that no where els haue I read more markable accidents touching this poynt then in Ingland and for breuity sake I shal touch only two or three happened since the cōquest for that I wil go no higher though I might as appeareth by the exāple of K. Edwin others nether vvil I beginne to stand much vppon the example of king Iohn though wel also I might for that by his euel gouerment he made himselfe both so odious at home contemptible abroade hauing lost Normandy Gascony Guyenne and al the rest in effect which the crowne of Ingland had in France as first of al he vvas both excommunicated and deposed by sentence of the pope at the sute of his owne people and vvas inforced to make his peace by resigning his crowne into the handes of Pandulfe the popes legate as Polidor recounteth and afterwards faling back agayne to his old defects and naughtie gouerment albeit by his promise to the pope to go and make warr against the Turkes if he might be quiet at home and that his kyngdome should be perpetually tributary to the sea of Rome he procured him to be of his side for a tyme and against the Barōs yet that stayed not them to proceed to his depriuation which they did effectuate first at Canterbury and after at London in the eighteenth last yeare of king Iohns reigne and meant also to haue disinherited his sonne Henry which vvas afterward named king Henry the third and at that tyme a childe of eight yeares old only and al this in punishement of the father yf he had liued and for that cause they called into Ingland Lodouick the Prince of France sonne to king Philip the second and father to Saynt Lewis the nynth and chose him for their king and did sweare him fealtye with general consent in London the yeare of our Lord 1216. And but that the death of king Iohn that presently ensued altered the vvhole course of that designment and moued them to turne their purposes and accept of his sonne Henry before matters were fully established for king Lodowick it vvas most likely that France and Ingland would haue bin ioyned by thes meanes vnder one crowne But in the end as I haue said king Henry the third vvas admitted and he proued a very wor thi king after so euel as had gon before him and had bin deposed which is a circumstance that you must alwayes note in this narration and he reigned more yeares then euer king in Ingland did before or after him for he reigned ful 53. yeares left his sonne heyre Edward the first not inferior to himselfe in manhode vertue vvho reigned 34. yeares and left a sonne named Edward the second vvho falling into the same defects of gouerment or vvorse then king Iohn his great grandfather had donne was after 19. yeares reigne deposed also by act of parlament holden at London the yeare 1326. his body adiudged to perpetual prison in which he was at that present in the castle of vvallingford vvherher diuers both bishops Lordes knights of the Parlament vvere sent vnto him to denounce the sentence of the realme agaynst him to wit how they had deptiued him and chosen Edward his sonne in his place for vvhich act of choosing his sonne he thanked them hartely and vvith many teares acknowledged his owne vnwoorthines wheruppon he was digraded his name of king first taken from him and he appoynted to be called Edward of Carnaruan from that howre forward and then his crowne and ring were taken away and the steward of his house brake the stafe of his office in his presence and discharged his seruants of their seruice and al other people of ther obedience or allegeance toward him and towardes his mayntenance he had only a hundreth markes a yeare allowed for his expences and then was he delyuered also into the hands of certayne particuler keepers vvho led him prisoner from thence by diuers other places vsing him with extreme indignity in the way vntil at last they tooke his life from him in the castle of Barkley and his sonne Edward the third reigned in his place who if we respect eyther valor provvesse length of reigne acts of cheualry or the multitude of famous Princes his children left behinde him vvas one of the noblest kinges that euer Inglād had though he were chosen in the place of a very euel one as you haue séen But vvhat shal we say is this worthines vvhich God giueth commōly to the successors at thes changes perpetual or certayne by discēt no truly nor the example of one Princes punishment maketh an other to beware for the next successor after this noble Edward vvhich vvas king Richard the second though he were not his sonne but his sonnes sonne to wit sonne and heyre to the excellent and renounced black Prince of vvales this Richard I say forgetting the miserable end of his great grand father for euel gouerment as also the felicity and vertue of his father and grand father for the contrary suffered himselfe to be abused and misled by euel councellors to the great hurte disquietnes of the realme For vvhich cause after he had raigned 22. yeares he was also deposed by act of parlamāt holden in London the yeare of our Lord 1399. and condemned to perpetual prison in the castel of Pomfret vvher he was soone after put to death also and vsed as the other before had bin and in this mānes place by free electiō was chosen for king the noble knight Henry Duke of Lācaster who proued afterwards so notable a king as the world knoweth and vvas father to king Henry the fifth surnamed commonly the Alexander of Ingland for that
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
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
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
placed in the Tower though soone after by the suddaine death of king Iohn that course vvas altered agayne Henry his sonne admitted for king And thus much of the sonnes of king Hēry the second but of his daughters by the same lady Elenor heyre of Gascony Belforest in his story of France hath these wordes following King Henry had foure daughters by Elenor of Aquiraine the eldest vvherof vvas marryed to Alonso the 9. of that name king of Castile of vvhich marryage issued Queene Blanch mother to S. Lewis king of France The second of these two daughters vvas espoused to Alexis Emperor of Constantinople The third vvas married to the duke of Saxony and the fourth vvas giuen to the earle of Tholosa thus being the french stories of these daughters Of the marriage of the eldest daughter of these foure whose name was Elenor also as her mothers vvas vvith king Alonso the 9. of Castile ther proceeded many children but only one sonne that liued whose name vvas Henry vvho vvas king of Castile after his father by the name of Henry the first and dyed quickly vvithout issue and besides this Henry tvvo daughters also vvere borne of the same mariage of which the eldest and heyre named Blanch vvas married by intercession of her vncle king Iohn of Ingland vvith the foresaid Prince Lewis of France with this expresse cōdition as both Polidor in his Inglish story Garibay the chronicler of Spayne do affirme that she should haue for her dowry al the states that king Iohn had lost in France vvhich were almost al that he had there and this to the end he might not seeme to haue lost them by force but to haue giuen them with the mariage of his Neece and so this mariage vvas made and her husband Lewis was afterward chosen also king of Ingland by the Barons and sworne in London as before hath bin saide hereby also the Infanta of Spaine before mentioned that is discended lineally from both these princes I meane as wel from Queene Blanch as from Lewys is proued to haue her pretence fortified to the interest of Ingland as afterward shal be declared more at large in dew place The second daughter of king Alonso the 9. by Queen Elenor vvas named Berenguela and vvas married to the prince of Leon in Spayne and had by him a sonne named Fernando vvho afterward vvhen king Henry her brother vvas dead vvas admitted by the Castilians for their king by the name of Fernando the fourth as before the Ciuilian hath noted and Blanch vvith her sonne S. Lewis though she vvere the elder vvas put by the crowne against al right of succession as Garibay the Spaniard Chronicler noteth and confesseth Heerby then some do gather that as the first interest which the crowne of Ingland had to the states of Gascony Guyne and Poyters came by a vvoman so also did it come to France by the right of this foresaid Blanch wherof the fauourers of the Infanta of Spaine do saye that she being now first and next in blood of that house ought to inherite al these and such like states as are inheritable by vvomen or came by womē as the former states of Gascony and Guvne did to king Henry the second by Queen Elenor his wife and Normandie by Mathilda his mother and both of them to France by this former interest of Blanch and more they saye that his lady Blanch mother to King S. Lewis vvhose heyre at this daye the infanta of spayne is should by right haue inherited the kingdome of Ingland also after the murther of Duke Arthur and his sister Elenor for that she was the next of kynne vnto them at that tyme vvhich could be capable to succede them for that king Iohn himselfe vvas vncapable of their succession whom he had murthered and his sonne Henry vvas not then borne nor in diuers yeares after and if he had bin yet could he receaue no interest therunto by his father vvho had none himselfe of al vvhich points ther vvilbe more particuler occasion to speak hereafter Now then I come to speak of king Henry the third vvho was sonne to this king Iohn and from whom al the three houses before mentioned of Britanie Lancaster and Yorke do seeme to issue as a triple branch out of one tree albeit the royal line of Britanie is more ancient and vvas deuided before euen from William Conquerors tyme as hath bin shewed yet do they knytt againe in this king Henry for that of king Henry the third his eldest sonne named prince Edward the first discended Edward the second and of him Edward the third from whom properly riseth the house of Yorke And of his secōd sonne Edmond surnamed crooke-backs county Palatine of Lancaster issued the dukes of Lancaster vntil in the third dissent vvhen the Lady Blanch heyre of that house matched vvith Iohn of Gaunt third sonne of king Edward the third from which mariage rose afterward the formal diuision of these two houses of Lancaster and Yorke also two distinct branches of Lancaster Besides these two sonnes king Henry the third had a daughter named lady Beatrix whom he marryed to Iohn the second of that name duke of Britanie vvho after vvas stayne at Lions in France by the fal of an old wall in the coronation of pope Clement the 5. of that name in the yeare of Christ 1298. and for that the frēdes of the Infanta of Spayne do seeke to strengthen her title by this her discent also of the royal blood of Ingland from Henry the third as afterward shal be declared I wil breifly in this place continew the pedegree of the house of Britanie from that I left before euen to our dayes I shewed before in this chapter that Geffrey the third sonne to king Henry the second and duke of Britanie by his wife being dead his two children Arthur and Elenor put to death by their vncle king Iohn in Ingland as before hath bin said it fel out that Constance duchesse and heyre of Britanie marryed agayne to Guy viscond of Touars and had by him two daughters wherof the eldest named Alis vvas duchesse of Britanie and marryed to Peter Brien earle of Drusse and by him had Iohn the first of that name duke of Britanie vvhich Iohn the first had issue Iohn the second vvho marryed lady Beatrix before mētioned daughter to king Henry the third and by her had the second Arthur duke of Britanie to vvhom succeded his eldest sonne by his first wife named Iohn the third who dying without issue left the very same trouble and garboyle in Britanie about the succession betweene the two noble houses of Bloys and Monford the one maynteyned by France and the other by Ingland as soone after vppon the very like occasion happened in Ingland betweene the houses of Lancaster York as after shal be shewed And not long after that againe the like
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
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
wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
to vvit that as al the duty reuerence loue and obedience before named is to be yealded vnto euery Prince which the common wealth hath once established so yet retayneth stil the common wealth her authority not only to restrayne the same Prince if he be exorbitant but also to chasten and remoue him vppon due waighty considerations and that the same hath bin donne and practised at many tymes in most nations bothe Christian otherwise vvith right good successe to the weal publique and this shal be the argument if you thinke good of our next meeting for that now it is late and I would be loth to haue you go away vvith my tale halfe tould for that it is a matter of much moment as to morrow you shal here Al vveare content vvith this resolution and so departed euery man to his loging vvith purpose to returne the next morning somwhat more early then their accustomed houre to the end the matter might be thoroughly debated OF KINGS LAVVFVLLY CHASTISED BY THEIR COMMON VVEALTHES FOR THEIR misgouerment and of the good and prosperous successe that God commonly hath giuen to the same CAP. III. THE company vvas no soner come together the next morning but they were al at the ciuiliā lawyer to performe his promise and to prosecute the matter he had propounded the night before to vvhom he answered you require of me if I be not deceaued two points ioyntly to be proued vnto you the first that common wealthes haue chastised somtymes lawfully ther lawful Princes though neuer so lawfully they vveare descended or otherwise lawfully put in possession of their crowne and secondly that this hath fallen out euer or for the most part commodious to the vvealpublique that it may seeme that God approued and prospered the same by the good successe and successors that ensevved therof Which two points I am content quoth he to shew vnto you by some examples for that the reasons herof haue in part bin declared before shal be more in particuler hereafter but yet must I do this vvith the protestation before mentioned that nothing be taken out of this my spech agaynst the sacred authority and dew respect and obedience that al men do owe vnto Princes both by Gods law and nature as hath bin proued but only this shal serue to shew that as nothing vnder God is more honorable amiable profitable or soueraine then a good Prince so nothing is more pestelent of bringeth so general destruction and desolation as an euel Prince And therfore as the vvhole body is of more authority then the only head and may cure the head if it be out of tune so may the Wealpublique cure or cutt of their heades if they infest the rest seing that a body ciuil may haue diuers heades by succession and is not bound euer to one as a body natural is vvhich body natural if it had the same ability that whē it had an aking or sickly head it could cut it of and take an other I doubt not but it vvould so do and that al men would confesse that it had authority sufficient reason to do the same rather then al the other partes should perish or liue in payne and continual tourmēt but yet much more cleare is the matter that vve haue in hand for disburdening our selues of vvicked Princes as now I shal begin to proue vnto you And for profe of both the poynts ioyntely which you require I might beginn perhaps with some examples out of the scripture it selfe but that some man may chāce to say that thes things recounted ther of the Iewes vvere not so much to be reputed for acts of the common wealth as for particuler ordinations of God himselfe vvhich yet is not any thing agaynst me but rather maketh much for our purpose For that the matter is more authorized hereby seing that what soeuerGod did ordeyne or put in vre in his common vvealth that may also be practised by other common vvealthes now hauinge his authority and approbatiō for the same Where-fore said he though I do hastē to examples that are more nearer home and more proper to the particulier purpose wherof vve treat yet can I not omit to note some two or three out of the bible that do apperteyne to this purpose also thes are the depriuation and putting to death of two wicked kings of Iuda named Saul and Amon though both of them vvete lawfully placed in that dignity and the bringing in of Dauid and Iosias in their roomes vvho were the two most excellent Princes that euer that nation or any other I thinke haue had to gouerne them And first king Saul though he were elected by God as you know to that royal throne yet vvas he slayne by the Philistians by Gods order as it vvas foretold him for his disobedience not fulfillinge the law limites prescribed vnto hym Amon was lawful king also that by natural discent successiō for he was sonne heyre to king Manasses whom he succeded and yet was he slayne by his owne people quia non ambulauit in via Domini for that he walked not in the vvay prescribed vnto him by God and vnto thes two kings so depriued God gaue two successors as I haue named the 〈◊〉 wherof are not to be found in the whole ranck of kings for a thousand yeares togeather for of Iosias it is written Fecit quod erat rectum in conspectu Domini non declinauit neque ad dextram neque ad sinistrā he did that which was right in the sight of God nether did he decline vnto the right hand nor the left He reigned 31. yeares and Hieremias the prophet that liued in his tyme loued so extremely this good king as he neuer ceased afterwards to lament his death as the scripture sayeth As for king Dauid it shal not be need-ful to say any thing how excellent a king he vvas for as many lerned men do note he was a most perfect paterne for al kings that should follow in the world not as king Cyrus whom Xenophon did paint out more according to his owne imagination of a perfect king that he wished then to the truth of the story but rather as one that passed far in actes that which is written of him and this not only in matters of religion piety and deuotion but also of cheualry valor wisdome pollicy nether is it true which Nicholas Machauel the Florentyne and some others of his new vnchristian schole do affirme for defacing of christian vertue that religion and piety are let ts ostentymes to politique and wise gouerment and do breake or weaken the high spirits of magnanimous men to take in hand greate enterprises for the common wealth This I say is extreme false for that as diuines are wont to say and it is most true grace doth not destroy or corrupt but perfecteth nature so as he which
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
are thos contributions termed by the names of subsidies helpes beneuolences lones prests contributions and the like if al be dew and not voluntary of the subiects parte How haue parlaments oftentymes denyed to their Princes such helpes of money as they demaunded Why are their iudges appoynted to determyne matter of sutes and pleas between the Prince and his subiects if al be his and the subiect haue nothing of his owne And last of al why doth the Cannon Law which is a part also of my profession and receaued in most countries of the vvorld so straightly inhibit al Princes vppon payne of excommunication to impose new impositions taxes vppon ther people without great consideration and necessity and free consent of the giuers if al be the Princes and nothing of the subiect nay whybe al Princes generally at this daye prohibited to alienat any thing of their owne crowne without consent of ther people if they only be Lords of al and the people haue interest in nothing And hereby also vve may gather what the Prophet Samuel meant when he threatned the Iewes with the disorders of kings that should raigne ouer them not that thes disorders were lawful or appertayned to a rightious king but that seing they refused to be vnder the moderate gouermēt of their high priests other gouernors which God had giuen them hitherto and required to be ruled by kings as other heathen nations of Egypt Babilon Syria and Persia were whos manner of gouerment not only Historiographers but Philosophers also and Aristotle among the rest doth note to haue bin very tyranical yet for that the Iewes would needs haue that gouerment as a matter of more pompe and glory then that which hitherto they had had Samuel did first insinuate vnto them what extorsion and wickednes thos heathen kings did vse commonly ouer ther people in taking their childrē seruants wiues goods and the like from them and that many kings of Israel should do the like and take it for ther right and souerainty and should oppresse and tyrānise ouer them and inforce them to cry out to God for helpe and they should not find remedy for that so heddyly they had demaunded this change of gouerment which highly displeased almighty God and this is the true meaning of that place if it be vvel considered and not to authorize herby iniustice or wickednes in any king seing the principal poynts recorded to al Princes kings through out the whole course of scripture are diligere iudictum iustitiam apprehendere disciplinam facere veritatem that is to saye to loue iudgment and iustice to admit discipline to execute truth and this is the instruction that God gaue to the Iewes in Deutronomy for their kings when they should haue them which God foretould many yeares before they had any and this is the admonition that king Dauid left vnto his sonne and successor Salomon at his death and by him to al other kings and Princcs and for want of obseruing thes points of iudgment iustice discipline truth vve see not only Achab and Iezabel Before mentioned greuiously punished but many other kings also by God himselfe as Achaz Manasses Ioachim and the like which had not bin iustice on Gods part so to punish them if it had bin lawful for them to vse that manner of proceeding towards their people as thes good instructors of Princes in our dayes most fondly and wickedly do affirme and thus much for that place But to the first point which you asked by vvhat law the common wealthes that are mentioned in the former chapters did punish their euel Priuces I haue answered you before that it is by al law both diuine and humane diuine for that God doth approue that forme of gouerment which euery common vvealth doth chuse vnto it selfe as also the conditions statutes and limitations vvhich it selfe shal appoynt vnto her Princes as largely before hathe bin declared And by al humane law also for that al law both natural national and positiue doth teach vs that Princes are subiect to law order and that the common vvealth which gaue them ther authority for the commō good of al may also restrayne or take the same away agayne if they abuse it to the common cuel And vvheras thes men saye that like as if a priuate man should make his inferior or equal to be his Prince he could not after restrayne the same agayne and so nether the commō wealth hauing once deliuered away her authority I answere first that the comparison is not altogether like for that a priuat man though he giue his voice to make a Prince yet he being but one maketh not the Prince vvholy as the common vvealth doth and therfore no maruaile though it lye not in a particuler mans hād to vnmake him agayne besides this a priuat man hauing giuē his voice to make his Prince remayneth subiect and inferior to the same but the vvhole body though it be gouerned by the Prince as by the head yet is in not inferior but superior to the Prince nether so giueth the common vvealth her authority and power vp to any Prince that she depriueth her selfe vtterly of the same vvhen neede shall require to vse it for her defence for vvhich shee gaue it And finally which is the cheefest reason of al the very ground and foundation in deede of al kings authority among christians the power and anthority vvhich the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata as vve Ciuilians cal it that is to say a power delegate or power by commissiō from the commō wealth which is giuen vvith such restrictions cautels and conditions yea vvith such playne exceptions promises and othes of both parties I meane betwene the king and common wealth at the day of his admission or coronation as if the same be not kept but vvilfully broken on ether part then is the other not bounde to obserue his promise nether though neuer so solemly made or sworne for that in al bargaines agreements and contracts wher one parte is bound mutually and reciprocally to the other by oth vow or condition ther if one side go from his promise the other stādeth not obliged to performe his and this is so notorious by al law both of nature and nations and so cōform to al reason and equity that it is put among the very rules of both the Ciuil and cannon law vvher it is said frustra fidem sibi quis postulat seruari ab eo cui sidem à se prestitam seruare recusat He doth in vaine require promisse to be kept vnto him at an other mans hands to vvhom he refuseth to performe that which himselfe promised and agayne Non abstringitur quis iuramento ad implendum quod iur auit si ab alio parte non impletur cuius respectu praebuit iur amentum A
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
for that I do not thinke it to be improbable which this author and others do note to wit that most nations round about haue taken their particuler formes of anoynting and crowning their kings from this anciēt custome of France though the substance therof I meane of ther sacring and anoynting be deduced from examples of far more antiquity to wit from the very first kings among the people of Israel whō God caused to be anoynted by his priestes and prophets in token of his election and as a singuler priuiledge of honor and preheminence vnto them wherof king Dauid made so great accōpt when he said to the souldiar that had killed Saul his enimye in the warr quare non timuisti mittere manum tuam in Christum Domini VVhy diddest thow not feare to lay thy hands vppon the anoynted of God and he put him to death for it notwithstanding that Saul had bin long before deposed and reiected by God and that himselfe had lawfully borne armes against him for many daies so much was that ceremony of anoynting estemed in thos dayes so hath it bin euer since among christian people also for that kings hereby are made sacred and do not only perticipate vvith priests but also vvith Christ himselfe vvho hath his name of this circumstance of anoynting as al the vvorld knoweth Probable then I say it is that albeit the substance of this ceremony of anoynting kings be much elder then the christian kingdome of France yer is this partic uler and maiestical manner of doing the same by waye of coronation the most ancient in France aboue al other kingdomes round about especialy if it began vvith ther first christian king Clodouaeus not ful 500. yeares after Christ as french authors do hold At what tyme also they recount a great miracle of holy oyle sent from heauen by an angel for anoynting Clodouaeus vvherof they say they haue stil remaining for the anoynting of their kings at Rhemes vvhich point I vvil not stand to treat or discoursein this place but rather wil refer my reader to the foresaid chapter of Francis Belforest chonicler of Frāce vvho alleageth diuers vvriters of almost 500. yeares antiquitie that write of the same but howsoeuer that be very probable it semeth that al the ceremoneys of coronation in Germany Polonia before recited which had ther beginning long after the reigne of Clodouaeus might be taken frō thence and so the affinity and likenes of the one to the other doth seeme to agree and Garribay also the chronicler of Spayne and of Nauarra in his 22. booke talking of this custome of anoynting and crowning the kings of Nauarra saith that this excellent custome began ther I meane in Nauarra aboue 800. yeares past and vvas brought in by certaine Earles of Champayn of France named Theobaldes who comming to attayne that crowne brought with them that reuerent ceremony of anoyntig crowning ther kings according to the vse of the French which custome endureth vntil this day in that part of Nauarra that is vnder the house of Vandome albeit in the other that is vnder the Spaniardes which is far the greater it vvasleft of in the yeare 1513. When Ferdinande surnamed the Catholique king of spayne entred ther-vppon for that the Spanish kings are neuer anoynted nor crowned but otherwise admitted by the common vvealth as before I haue declared But among al other kingdomes it semeth that Ingland hath most particularly taken this custome and ceremony from France not only for the reason before alleaged that diuers of our Inglish kings haue come out of France as William Conqueror borne in Normandy king Stephen sonne to the Earle of Blois and Bollen a French man and king Henry the second borne likwise in France and sonne to the Earle of Aniou but also for that in very deede the thing it selfe is al one in both nations and albeit I haue not sene any particuler booke of this action in Ingland as in French ther is yet it is easy to gather by storyes what is vsed in Ingland about this affaire For first of al that the Archbishop of Canterbury doth ordinarily do thes ceremony in Inland as the Archbishop of Rhemes doth it in France ther is no doubte with the same solemnity and honor according to the condition and state of our countrey and Polidor Virgil in his story noteth that pope Alexander did interdict and suspend the Archbishop of Yorke with his two assistants the bishops of Londō Salisbury for that in the absence of Thomas Becket Archbishop of Canterbury and without his licence they did crowne king Henry the seconds sonne named also Henry at his fathers perswation and diuers do attribute the vnfortunate successe of the said king Henry the yonger that rebelled against his father to this disorderly and violent coronation by his fathers appointment secondly that the first thing which the said Archbishop requireth at the new kings hands at his coronatiō is about religion church matters and the cleargie as in France vve haue seene it appereth euidently by thes vvords which the same Archbishop Thomas surnamed commonly the martyr remayninge in banishment vvrote to the same king Henry the second which are thes Memores sitis confessionis quam fecistis posuistis super altare apud westmonsterium de seruanda Ecclesiae libertate quando consecrati fuistis vncti in regem à praedecessore nostro Thebaldo Which is do you cal to your remembrance the confession which you made and laid vppon the aulter at vvestminster for keping defending the libertie of the church when you vvere consecrated and annoynted king by Thebaldus our predecessor By which wordes appereth that as the king of Ingland vvas consecrated and annoynted in thos dayes by the Archbishop of Canterbury so did he sweare and giue vp his oth also in vvriting and for more solemnity and obligation layd it downe or rather offered it vp vvith his owne handes vppon the aulter so much as vvas repuired of him by the said Archbishop cleargie for the special safety of religion and theis ecclesiastical liberties which is the selfe same pointe that vve haue sene before as vvel in the oth of the kings of France as also of Polonia and Spayne and of the Emperors both Grecian and German The very like admonition in effect I finde made by an other Thomas Archbishop of Canterbury to an other king Henry to wit by Thomas Arundel to king Henry the fourth vvhen in a parlament holden at Couentry in the yeare 1404. the king vvas tempted by certayne temporal men to take away the temporalityes from the cleargie Wherunto vvhen the said Archbishop Thomas had answered by diuers reasons at last turning to the king he besought him saith Stow to remember the oth which he voluntarily made that he would honor defend the church and ministers therof VVherfore he desired him to permit and
though by motion and direction of God himselfe we must confesse and no man I thinke vvil deny but that he had giuen vnto him ther whith al kingly priuileges preheminences and regalities euen in the highest degree as vvas conuenient to such a state and among other the scripture expresly nameth that in particuler it vvas assured him by God that his seede should regine after him yea and that for euer but yet vve do not finde this to be performed to any of his elder sonnes as by order of succession it should seme to appertaine no nor to any of their of-spring or discents but only to Salomō vvhich was his younger and tenth sonne and the fourth only by Bersabce as before hath bin touched Trew it is that the scripture recounteth how Adonias Dauids elder sonne that vvas of rare bewty a very godly yong prince seing his father now very old impotent to lye on his death bedd himselfe heyre apparent by antiquitie of bloode after the death of Absalon his elder brother that was slayne before he had determined to haue proclamed himself heire apparēt in Ierusalem before his father died for that purpose had ordeyned a greate assembly banquet had called vnto it both the high preist Abiathar diuers of the cleargie as also the general captaine of al the army of Israel named Ioab With other of the nobility and vvith thē al the rest of his bretherē that were sonnes to king Dauid sauing only Salomō together vvith many other princes great men both spiritual temporal of that estate and had prepared for hem a great feast as I haue said meaning that very day to proclayme himselfe heyre apparent to the crowne and to be crowned as in deed by succession of blood it appertayned vnto him and this he attempted so much the rather by councel of his frends for that he saw the king his father very old and impotent and redy to dye and had taken no order at al for his successor and moreouer Adonias had vnderstood how that Bersabee Salomons mother had some hope to haue her sonne reigne after Dauid vppon a certaine promise that Dauid in his youth had made vnto her therof as also she had in the special fauour and frendship which Nathan the Prophet and Sadoc the preist who could do much vvith the old king Dauid did beare vnto her sonne Salomon aboue al the rest of his brethren Herevppon I say these two that is to saye Queene Bersabee Nathan the Propher comming together to the old man as he lay on his bedd and putting him in mynd of his promise and oth made to Bersabee for the preferment of her sonne and shewing besides how that Adonias whithout his order and consent had gathered an assembly to make himselfe king euen that very day which did put the old king in very great feare and anger and further also telling him vvhich pleased him wel quod oculs totius Isreal in eum respicerent vt indicaret eis quis sederet in solio suo post ipsum that is that the eyes of al Israel vvere vppon him to see whom he vvould commend vnto them to sit in his seat after him which was as much to say as that the vvhole commō wealth referred it to his choise which of his sonnes should reigne after him Vppon these reasons and persuasions I say the good old king was cōtent that they should take Salomon out of hand and put him vppon the kings owne mule and carry him about the streets of Ierusalem accompained whith his gard and court and crying whith sound of trumpets Viuat Rex Salomon and that Sadoc the preist should annoynt him and after that he should be brought back and placed in the royal throne in the pallace and so in deed he was at what time king Dauid himselfe being not able through impotencie to rise out of his bedd did him honor and reuerence from the place vvher he laye for so saith the scriptures aderauit rex in lectulo suo king Dauid adored his sonne Salomon thus crowned euen from his bedd al vvhich no doubt thoughe yt may seeme to haue bin vvrought by humane meanes and pollicy yet must vve confesse that it vvas principally by the special instinct of God himselfe as by the sequel and successe vve see so that hereby also vve are taught that these like determinations of the people magistrates cōmon vvealthes about admitting or refusing of princes to reigne or not to reigne ouer them vvhen their designements are to good endes and for iust respects and causes are allowed also by God and oftentymes are his owne special dirftes and dispositions though they seme to come from man Wherof no one thing can giue a more euident proofe then that which ensued afterward to prince Roboam the lawful sonne and heyre of this king Salomon who after his fathers death comming to Sichem wher al the people of Israel vvere gathered together for his coronation and admission according to his right by succession For vntil that time vve see he was not accounted true kinge thoughe his father was dead and this is to be noted the people began to propose vnto him certayne conditions for taking away of some harde and heauy impositions layed vppon them by Salomon his father an euident president of the oth and conditions that princes do swere vnto in thes dayes at their coronation vvhervnto vvhen Roboam refused to yeild ten tribes of the twelue refused to admit him for their king but chose rather one Ieroboam Roboams seruant that was a meere stranger and but of poore parentage made him ther lawful king God allowed therof as the scripture in expresse vvords doth testifie and vvhen Roboam that toke himselfe to be openly iniuried heer by vvould by armes haue pursued his title and had gathered together an armie of a hundred and fower score thovvsand chosen souldiars as the scripture sayeth to punish thes rebells as he called thē to reduce thes 10 tribes to their due obediēce of ther natural prince God appeered vnto one Semeia a holy man bad him go to the campe of Roboam and tel them playnely that he would not haue them to fight against ther brethern that had chosen an other king but that euery man should go home to his house and liue quietly vnder the king vvhich each party had and so they did and this was the end of that tumult vvhich God for the sinnes of Salomon had permitted and allowed of And thus much by the way I thought good to touch out of holy scripture concerning the Iewish cōmonwealth euen at the beginning for that it may giue light to al the rest vvhich after I am to create of for if God permitted and allowed this in his owne common wealth that vvas to be the exāple and paterne of al others that should ensew no doubt but that
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
brothers sonne to Don Alonso the catholique vvas preferred and reigned peacably six yeares and then dying without issue for that the hatred of the spaniards was not yet ended against the memory of king Fruela they would not yet admit any of his generation but rather excluded them agayne the second tyme and admitted a brother in law of his named Don Silo that was married to his sister Dona Adosinda daughter to the fore said noble king catholique Alonso So that here we see twise the right heyres of king Don Fruela for his euel gouerment were put back But Don Silo being dead without issue as also Don Aurelio was before him and the Spaniards anger against king Fruela being now vvel assuaged they admitted to the kingdone his fore said sonne Don Alonso the yonger surnamed afterward the chast whom now twise before they had put back as you haue seene but now they admitted him though hisreigne at the first endured very litle for that a certayne bastard vncle of his named Don Mauregato by help of the moores put him out and reigned by force 6. yeares and in the end dying with out issue the matter came in deliberation againe whether the king Don Alonso the chaste that yet liued and had bin hidden in a monastary of Galitia during the tyme of the tyrāt should returne agayne to gouerne or rather that his cosen german Don vermudo sonne to his vncle the Prince Vimerano whom vve shewed before to haue byn slayne by this mans father king Fruela should be elected in his place And the realme of Spayne determined the second to vvit that Don Vermudo though he vvere much further of by propiuquity of blood and vvith in ecclesiastical order also for that he had bin made deacon should be admitted partly for that he vvas iudged for the more valiant and able Prince then the other vvho seemed to be made more acquainted now vvith the life of monkes and religious men then of a king hauing first bin brought vp among them for 10. or 12. yeares space vvhiles Don Aurelio and Don Silo reigned after the death of his father kinge Fruela and secondly agayne other six yeares during the reigne of the tyrant Mauregato for which cause they estemed the other to be fitter as also for the differēt memories of there tvvo fathers king Fruela and prince Vimerano wherof the first vvas hateful the other most deare as before hath bin declared nether do any of the foure ancient Bishops historiographers of Spayne to wit that of Toledo Besa Salamanca or Ture that liued al about those dayes wrote the storie reprehend this fact of the realme of spaine or put any doubt whether it were lawful or no for the causes before recited Trew it is that after three yeares reigne this king Vermudo being weary of kingly life and feeling some scruple of conscience that being deacon he had forsaken the life ecclesiastical and maryed though by dispensation of the pope as Morales sayeth and entangled himselfe vvith the affaires of a kingdome he resigned vvillingly the gouerment vnto his said Cosen Don Alonso the chast and himselfe liued after a priuate life for diuers yeares but this Don Alonso vvho now the fourth tyme had bin depriued of his succession as you haue seene deceaued the expectation of the spaniards that accoūpted him a monke for he proued the most valiāt and excellent king that euer that nation had both for his vertue valor victories against the moores buylding of townes castells churches Monasteries and other such workes of Christianity as Morales recounteth and be reigned after this his last admission one and fyftie yeares had great frendship vvith king Charles the great of France who liued in the same tyme with hym And this man among other most noble exploites so tamed the Moores of his country as during his dayes he neuer paid that cruel and horrible tribute which before after was paide by the christians to the Moores which was a hundred yong maidens and fiftie sonnes of Gētlemen euery yeare to be brought vp in the religiō of Mahomet amōg those infidel tyrants And finally this man after so much afflictiō came to be one of the most renoumed Princes of the world After this Don Alonso vvho left no children for that he would neuer marry but liued al his life in chastitye ther succeded to him by electiō his nephew named Don Ramiro sonne to the former said king Don Vermudo the deacon that gaue this man the crowne as you haue hard of whose electiō morales writeth these woords Muerto el Rey Don Alonso el casto fue eligido por los 〈◊〉 y grandes del reyno el Rey Don Ramiro primero deste nombre hyio del Rey Don vermudo el diaeono That is the king Don Alōso the chast being dead ther vvas chosen king by the Prelates nobility of the realme Don Ramiro the first of this name sonne of king Vermudo the deacon who resigned his crowne to Don Alonso and it is to be noted that albeit this Don Ramiro vvas next in blood to the succession after the death of his vncle Don Alonso without children yet vvas he chosen by the states as here it is said in expresse vvordes Moreouer it is to be noted that albeit this author Ambrosio Morales and other spanish writers do say that in the tyme of this king Ramiro the law of succession by propinquity in blood vvas so reuiued and strongly confirmed that as the kingdome of Spayne was made as Maiorasgo as he termeth it which is an inheritance so intayled and tyed only to the next in blood as ther is no possibility to alter the same and that frō this tyme forward the king alwayes caused his eldest sonne to be named king or Prince so euer to be sworne by the realme nobilitie yet shal vve find this ordinance and succession oftentymes to haue byn broken vppon seueral considerations as this author himselfe in that very chapter confesseth As for example after foure discents from this man vvhich were Don Ordonio the first this mans sonne and Don Alonso the third Don Garzia and Don Ordonio the second al fower kings by orderly succession it happened that in the yeare of christ 924. Don Ordonio the second dying left foure sonnes and one daughter lawfully begotten and yet the state of spayne displaced them al and gaue the kingdome to ther vncle Don Fruela second brother to there father Don Ordonio and morales sayeth that ther appeareth no other reason heerof but only for that these sonnes of the king disceased vvere yong and not so apt to gouerne vvel the realme as ther vncle was But after a yeares reigne this king Fruelae dyed also left diuers children at mans estate and then did the spaniards as much agaynst them as they had done for him before against the children of his elder brother
apparent of Spayne and they put back in ther grand fathers tyme and by his and the realmes consent ther father as I haue said being dead and this was done in a general parlament holden at Segouia in the yeare 1276. and after this Don Sancho was made king in the yeare 1284. and the two Princes put into prisō but afterward at the sure of there vncle king Phillip the third of France they were let out agayne and endued with certayne landes and so they remaine vnto this day and of thes do come the Dukes of Medina Celi and al the rest of the house of Cerda which are of much nobility in Spayne at this tyme and king Phillip that reyneth cometh of Don Sancho the yonger brother Not long after this agayne when Don Pedro surnamed the cruel king of Castile was driuen out and his bastard brother Henry the second set vp in his place as before hath bin mētioned the Duke of Lancaster Iohn of Gant hauing maried Dona Constantia the said king peters daughter heyre pretended by succession the said crowne of Castile as in deed it appertayned vnto him but yet the state of spaine denied it flatly and defended it by atmes and they preuailed against Iohn of Gant as dyd also the race of Henry the bastard against his lawful brother the race of Don Sancho the vncle against his lawful nephewes as hath byn shewed and that of Dona Berenguela against her elder sister al which races do reigne vnto this day thes three changes of the trew lyue happened with in two ages and in the third and principal discent of the Spanish kings when this matter of succession was most assuredly and perfectly established and yet who wil deny but that the kings of Spayne who hold by the later titles at this day be true and lawful kings Well one example wil I giue you more out of the kyngdom of Portugal and so wil I make an ende with thes countreyes This kinge Henry the bastard last named king of Spayne had a sonne that succeded him in the crowne of Spayne named Iohn the first who married the daughter and heyre named Dona Beatrix of king Fernando the first of Portugal but yet after the death of the said King Fernando the states of Portugal would neuer agree to admit him for ther king for not subiecting themselues by that meanes to the Castilians and for that cause they rather tooke for ther king a bastard brother of the said late king Don Fernando whos name was Don Iuan a youth of 20. yeares old who had bin master of a militare order in Portugal named de Auis and so they excluded Dona Beatrix Queene of Castile that was their lawful heyre aud chose this yong man and maried him afterwards to the lady Phillippe daughter of Iohn of Gant Duke of Lancaster by his first wife blanch Duchesse and heyre of Lācaster in whose right the kings of Portugal and ther discendents do pretend vnto this day a cerrayne interest to the house of Lancaster which I leaue to our tēporal lawyer to discusse but heereby we see what an ordinary matter it hath bin in Spayne and Portugal to alter the lyne of next succession vppon any reasonable consideration which they imagined to be for ther weal publique and the like we shal finde in France Ingland which euen now I wil begin to treat of DIVERS OTHER EXAM'PLES OVT OF THE STATES OF FRANCE AND INGLAND FOR proofe that the next in blood are some tymes put backe from succession and how God had approued the same with good successe CAP. VIII AS concerning the state of France I haue noted before that albeit since the entrāce of ther first king Pharamond with his Frankes out of Germanie which vvas about the yeare of Christ 419. they haue neuer had any strāger come to were there crowne which they attribute to the benefit of there law Salike that for biddeth women to reigne yet among themselues haue they changed twyse there whole race and linage of kings once in the entrance of king Pepin that put out the lyne of Pharamond about the yeare 751. and agayne in the promotion of kinge Hugo Capetus that put out the lyne of Pepin in the yeare 988 so as they haue had three discents and races of kings as wel as the spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which indureth vnto this present if it be not altered now by the exclusion that diuers pretend to make of the king of Nauarr and other Princes of the blood royal of the howse of Burbon Wherfore as I did before in the spaniards so I wil heere let passe the first ranke of al of the french kings for that some men may say perhaps that the common wealth and law of succession was not so wel setled in those dayes as it hath bin afterward in tyme of kinge Pepin Charles the great and ther discendantes as also for that it were in very deede ouer tedious to examine and pervse al three rankes of kings in France as you wil say when you shal see what store I haue to alleage out of the second ranck only which began vvith the exclusion and deposition of their lawful King Childerike the third and election of king Pepin as before you haue heard at large declared in the third chapter of this discourse it shal not be need ful to repeate the same agayne in this place Pepin then surnamed le brefe or the litle for his smale stature though he vvere a gyant in deeds being made king of France by mere election in the yeare of Christ 751. after 22. kings that had reigned of the first lyne of Pharamond for the space of more then three hundreth yeares and being so famous and worthy a king as al the world knoweth reigned 18. yeares then left his states and kingdomes by succession vnto his eldest sonne Charles surnamed afterward the great for his famous and heroical acts And albeit the vvhole kingdome of France appertayned vnto him alone by the law of succession as hath bin said his father being king and he his eldest sonne yet would the realme of France shew ther authority in his admission which Girard setteth downe in thes vvords Estant Pepin decedé les Francois esleurent Rois Charles Carlomon ses fils ala charge qu'ils partageroient entre eux egalement le royaume Which is king Pipin being deade the french men chose for ther kings his two sonnes Charles and Carlomon with condition that they should part equally betwene them the realme Wherin is to be noted not only the election of the common wealth besides succession but also the heauie condition laid vppon the heyre to part halfe of his kingdome vvith his yonger brother and the very same woords hath Eginard an ancient French writer in the life of this Charles the great
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
handle her tytle to the crowne of Ingland and the third dyd answer the booke of Ihon Knox the Scott intituled against the monstruous gouerment of women Of al vvhich three pointes for that the second that conserneth the tytle is that vvhich properly appertayneth to out purpose and for that the same is handled agayne and more largely in the second booke set out not longe after by Ihon lesley lord bishope of Rosse in Scotland vvho at that tyme was Embassador for the saide Queene of Scottes in Ingland and handled the same matter more abundantly vvhich M. Morgan had donne before hym I shal saye no more of this booke of M. Morgan but shal passe ouer to that of the bishope vvhich in this point of succession conteyneth also vvhat soeuer the other hath so as by declaring the contentes of the one vve shal come also to see vvhat is in the other The intent then of this book of the bishope of Rosse is to refute the other booke of Hales and Bacon and that especially in the two points before mentioned which they alleaged for their principles to witt about forrayne birth and king Henries testament And against the first of these two pointes the bishop alleageth many proofes that ther is no such maxima in the cōmon lawes of Ingland to disherit a prince borne out of the land from his or her right of succession that they haue by blood And this first for that the statute made for barring of alliens to inherit in Ingland vvhich was in the 25. yeare of the reigne of king Edward the third is only to be vnderstood of particuler mens inheritance and no wayes to be extended to the succession of the crowne as by comparison of many other like cases is declared and secondly for that ther is expresse exception in the same statute of the kings children and of spring and thirdly for that the practise hath alwayes bin contrary both before and after the conquest to vvit that diuers princes borne out of the realme haue succeded The other principle also concerning king Henryes testament the bishop impugneth first by diuers reasons incongruities vvherby it may be presumed that king Henry neuer made any such testament and if he did yet could it not hold in law And secondly also by vvitnes of the Lord Paget that was of the priuy councel in those dayes of Sir Edward Montague lord chiefe iustice and of one VVilliam Clark that set the kings stamp to the writing al which anowed before the councel and parlament in Queene Maryes tyme that the said testament vvas signed after the king vvas past sense and memory And finally the said bishop concludeth that the line of Scotland is the next euery way both in respect of the house of Lancaster and also of York for that they are next heyres to K. Henry the eight who by his father was heyre to the house of Lancaster and by his mother to the house of york But after these three bookes was vvritten a fourth by one Robart Highinton secretary in tyme past to the Earle of Northumberland a man wel read in storyes and especially of our coūtrey who is said to be dead some yeares past in Paris This man impugneth al three formet bookes in diuers principal points and draweth the crowne from both their pretendors I meane as wel from the house of Scotland as from that of Suffolk and first against the booke of Hales and Sir Nicholas Bacon writen as hath bin said in fauour of the house of Suffolk Heghington holdeth with the Bishop and Morgan that thes two principles layd by the other of forayne birth and of king Henries restament against the Scotish line are of no Validity as nether ther reasons for legitrimating of the Earle of Hartfords children vvhich afterward shal be handled And secondly he is against bothe Morgan the Bishop of Rosse also in diuers important points and in the very principal of al for that this man I meane Highington maketh the king of Spayne to be the next and most righful pretender by the house of Lancaster for proofe vvherof he holdeth first that king Henry the 7. had no title in deede to the crowne by Lācaster but only by the house of York that is to saye by his marriage of Queene Elizabeth elder daughter to king Edward the fourth for that albeit himselfe were discended by his mother from Iohn of Gaunt duke of Lancaster yet this vvas but by his third vvife Catherin Swynford and that the true heyres of Blanch his first vvife duches and heyre of Lācaster to whom sayth he apperteyned only the successiō after the death of king Henry the sixth and his sonne with whom ended the line male of that house remayned only in Portugal by the mariage of Lady Phillip daughter of the foresaid Blanch to kinge Ihon the first of Portugal that for as much as king Phillip of Spaine saith this man hath now succeded to al the righte of the kings of Portugal to him appertayneth also the only right succession of the house of Lancaster and that al the other discendents of king Henry the 7. are to pretend only by the title of Yorke I meane aswel the line of Scotland as also of Suffolk and Huntington for that in the house of Lancaster king Phillip is euidently before them al. Thus holdeth Heghington alleaginge diuers stories arguments and probabilities for the same then adioyneth two other propositions which do importe most of al to vvit that the title of the house of Lancaster was far better then that of York not for that Edmond Crokback first founder of the house of Lancaster vvho was sonne to king Henry the third and brother to king Edward the first was eldest to the said Edward and iniurioufly put back for his deformity in body as both the said bishop of Rosse and George Lylly do falsly hold and this man refuteth by many good arguments but for that lohn of Gaunt Duke of Lancaster being the eldest sonne that King Edward the third had a liue when he dyed should in right haue succeded in the crowne as this man holdeth and should haue bin preferred before Richard the second that was the black princes sonne vvho vvas a degree further of from king Edward the third his grandfather then vvas lohn of Gaunt to whom king Edward vvas father and by this occasion this man cometh to discusse at large the opinions of the lawyers vvhether the vncle or the nephew should be preferred in the succession of a crowne to vvit vvhether the yonger brother or the elder brothers sonne if his father be dead vvithout being seased of the same which is a point that in the ciuil law hath great disputation and many great authors on each side as this man sheweth and the matter also wanteth not examples on both pattes in the succession of diuets Inglish kings as our frend the ciuil lawyer did signifie also in his discourse
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
and after made duke of Hereford by king Richard the second and after that came to be duke also of Lancaster by the death of his father and lastely vvas made king by the deposition of his cosen germaine the said king Richard and reigned 13. yeares by the name of king Henry the fourth and vvas the first king of the house of Lācaster of the right of vvhose title examination shal be made afterwards The first of the two daughters vvhich Iohn of Gaunt had by Blanch vvas named Phillip vvho was marryed to Iohn the first of that name king of Portugal by whom she had issue Edward king of Portugal and he Alfonsus the fift he Iohn the second so one after another euen vnto our dayes The second daughter of Iohn of Gaunt by lady Blanch vvas named Elizabeth vvho was marryed to Iohn Holland duke of Excester she had issue by him an other Iohn duke of Excester and he had issue Henry duke of Excester that dyed without issue male leauing only one daughter named Anne vvho vvas marryed to Sir Thomas Neuill knight and by him had issue Raffe Neuill third earle of Westmerland whose lineal heyre is at this day Lord Charles Neuill earle oft Westmerland that liueth banished in Flanders And this is al the issue that Iohn of Gaunt had by lady Blanch his first vvife sauing only that I had forgotten to prosecute the issue of Henry his first sonne surnamed of Bolenbrok that vvas afterward called king Henry the fourth which king had 4. sonnes and tvvo daughters his daughters vvere Blanch and Phillip the first marryed to William duke of Bauaria and the second to Erick king of Denmarke and both of them dyed without children The four sonnes vvere first Henry that reygned after him by the name of Henry the fift and the second vvas Thomas duke of Clarence the third vvas Iohn duke of Bedford and the fourth vvas Humfrey duke of Glocester al vvhich three dukes dyed vvithout issue or vvere slaine in vvarres of the realme so as only king Henry the fift their elder brother had issue one sonne named Henry also that vvas king and reigned 40. yeares by the name of Henry the sixt who had issue prince Edward both of them I meane both father sonne were murthered by order or permissiō of Edward duke of Yorke vvho afterward tooke the crowne vppon him by the name of king Edward the fourth as before hath bin said so as in this king Henry the 6. and his sonne prince Edward ended all the blood royal male of the house of Lancaster by Blanch the first wife of Iohn of Gaunt and the inheritance of the said lady Blanch returned by right of succession as the fauorers of the howse of Portugal affirme though others deny it vnto the heyres of lady Phillip her eldest daughter marryed into Portugal vvhose nephew named Alfonsus the fift kinge of Portugal liued at that day when king Henry the 6. and his heyre were made away and this much of Iohn of Gaunts first marriage But after the death of the L. Blanch Iohn of Gaunt marryed the Lady Constance daughter and heyre of Peter the first surnamed the cruel king of Castile who being driuen out of his kingdome by Henry his bastard brother assisted therunto by the french he fledd to Burdeaux vvith his wife tvvo daughters where he founde prince Edward eldest sonne to king Edward the third by vvhom he was restored and for pledge of his fidelity and performance of other conditions that the said king Peter had promised to the Prince he left his two daughters withe hym which daughters being sent afterwards into Inglād the eldest of them named Constance was marryed to Iohn of Gaunt and by her title he named himselfe for diuers yeares afterward king of Castile and went to gayne the same by armes when Peter her father vvas stayne by his foresaid bastard brother but yet some yeares after that againe their vvas an agrement made betweene the said Iohn of Gaunt and Iohn the first of that name king of Castile sonne and heyre of the foresaid Henry the bastard vvith condition that Catherine the only daughter of Iohn of 〈◊〉 by lady Cōstance should marry vvith Henry the third prince of Castile sonne and heyre of the said king Iohn and nephew to the bastard Henry the 2. and by this meanes vvas ended that controusie betweene Ingland and Castile and the said L. Catherine had issue by king Henry Iohn the 2. king of Castile he Isabell that marryed with Ferdinando the Catholique king of Aragon and ioyned by that marriage both those kingdomes together and by him she had a daughter named Ioan that marryed Phillip duke of Austria and Burgundy and by him had Charles the fifth that vvas Emperor and father to king Phillip that now reigneth in Spaine vvho as we see is descēded tvvo waies from Iohn of Gaunt duke of Lancaster to vvit by two daughters begotten of two wiues Blanch and Constance nether had Iohn of Gaunt any more childrē by Constance but only this daughter Catherine of vvhom vve haue spoken vvherfore now vve shal speake of his third vvife that vvas Lady Catherine Swinford This lady Catherin as Inglish histories do note vvas borne in Henalt in Flanders was daughter to a knight of that country called Sir Payne de Ruet and she vvas brought vp in her youth in the duke of Lancasters house and attended vppon his first wife lady Blanch and being fayre of personage grew in such fauour vvith the duke as in the tyme of his second wife Constance he kept this Catherin for his concubin and begat vppon her fower children to vvit three sonnes and a daughter vvhich daughter vvhose name vvas Iane was marryed to Raph earle of Westmerland called commonly in those dayes Daw Raby of whom descended the Earles of VVestmerland that insued His three sonnes were Iohn Thomas and Henry and Iohn vvas first earle and then duke of Sommerset Thomas vvas first marques Dorset and then duke of Excester Henry vvas Bishop of VVinchester and after Cardinal And after Iohn of Gaunt had begotten al thes 4. children vppon Catherin he marryed her to a knight in Ingland named Swinford vvhich knight lyued not many yeares after Iohn of Gaunt comming home to Ingland from Aquitaine vvher he had bin for diuers yeares and seing this old concubine of his Catherine to be now a widow and himselfe also without a wife for that the lady Cōstance vvas dead a litle before for the loue that he bore to the children which he had begotten of her he determyned to marry her and therby the rather to legitimate her childrē though himselfe vvere old now and al his kyndred vtterly against the marriage and so not ful two yeares before his death to wit in the yeare of Christ 1396. he married her and the next yeare after in a parlament begun at Westminster the 22. of Ianuary
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
so as this is al that is needful to be spoken of the house of York in which vve see that the first and principal competitor is the king of Scots and after him Arbella and the children of the earles of Hartford and Darby are also competitors of the same house as discended by the daughter of the first brother Edward duke of Yorke and king of England and then the Earle of Huntington and his generation as also the Pooles Barringtons and others before named are or may be titlers of York as descended of George duke of Clarence second sonne of Richard duke of Yorke all vvhich issue yet seme to remayne only within the compasse of the house of Yorke for that by the former pedegre of the house of Lancaster it seemeth to the fauorets of this howse that none of these other cōpetitors are properly of the line of Lancaster for that king Henry the 7. comming only of Iohn of Gaunt by Catherin Swinford his third wife could haue no part in Lady Blanch that vvas only inheritour of that house as to these men seemeth euident Only then it remaineth for the ending of this chapter to explane some-what more clearly the discent of king Henry the 7. and of his issue for better vnderstanding vvhereof you must consider that king Henry the 7. being of the house of Lancaster in the manner that you haue heard and marrying Elizabeth the eldest daughter of the contrary house of Yorke did seeme to ioyne both houses together make an end of that bloody controuersie though others now wil say no but how soeuer that vvas vvhich after shal be examined cleere it is that he had by that mariage one only sonne that left issue and two daughters his sonne vvas king Henry the 8. vvho by three seueral wiues had three children that haue reigned after him to vvit king Edward the 6. by Queene Iane Seymer Queene Mary by Queene Catherine of Spaine and Queene Elizabeth by Queene Anne Bullen of al which three children no issue hath remayned so as now vve must returne to consider the issue of his daughters The eldest daughter of king Henry the 7. named Margaret vvas married by her first mariage to Iames the fourth king of Scots vvho had issue Iames the 5. he againe Lady mary late Queene of Scots and dowager of France put to death not long ago in Ingland vvho left issue Iames the 6. now king of Scots And by her second mariage the said Lady Margeret after the death of king Iames the 4. tooke for husband Archebald Duglas earle of Anguys in Scotland by whom she had one only daughter named Margeret which vvas married to Mathew Steward earle of Lenox and by him she had two sonnes to vvit Hēry Lord Darly and Charles Steward Henry marryed the foresaid Lady Mary Queene of Scotland vvas murthered in Edinbrough in the yeare 1566. as the world knoweth and Charles his brother marryed Elizabeth the daughter of Sir William Candish in Ingland by whom he had one only daughter yet liuing named Arbella an other competitor of the crowne of Ingland by the house of Yorke and this much of the first daughter of kinge Henry the 7. Mary the secōd daughter of king Henry the 7. yonger sister to king Henry the 8. vvas maried first to Lewis the 12. king of Frāce by whom she had no issue and afterward to Charles Brandon duke of Suffolk by whō she had two daughters to witt Frances and Elenor the lady Francis vvas marryed first to Henry Gray marques of Dorset after duke of Suffolk behedded by Queene mary and by him she had three daughters to vvit lane Catherine and Mary the lady Iane eldest of the three was married to L. Guylford Dudly sonne to Iohn Dudly late duke of Northumberland vvith whom I meane with her husband father in law she was beheaded soone after for being proclaymed Queene vppon the death of king Edward the fixt the lady Catherine second daughter maryed first the lord Henry Herbert earle of Penbroke and left by hym again she dyed afterward in the tower wher she vvas prisoner for hauing had two childrē by Edward Seymer earle of Hartford vvithout sufficient proofe that she vvas married vnto him and the tvvo children are yet liuing to vvit Henry Seymer commonly called lord Beacham and Edward Seymer his brother The lady mary the third sister though she was betrothed to Arthur lord Gray of vvilton and maryed after to Martin keyes gentleman porter yet hath she left no issue as far as I vnderstand This then is the end of the issue of Lady Francis first of the two daughters of Queene Mary of France by Charles Brandon duke of Suffolk for albeit the said lady Francis after the beheading of the said Henry Lord Gray duke of Suffolk her first husband married againe one Adrian Stokes her seruant had a sonne by him yet it liued not but dyed very soone after Now then to speak of the yonger daughter of the said Frenche Queene and duke named Elinor she vvas married to Henry Clifford Earle of Comberlād who had by her a daughter named Margaret that vvas married to Lord Henry Stanley earle of Darby by whom she hath a plentiful issue as Ferdinand now earle of Darby William Stanley Francis Stanley and others and this is al that needeth to be spoken of these discents of our Inglish kings princes peeres or competitors to the crowne for this place and therfore now it resteth only that vve begin to examine what different pretentions are framed by diuers parties vppon these dissents and genealogies vvhich is the principal point of this our discourse OF THE GREAT AND GENERALL CONTROVERSIE AND CONTENTION BETVVEENE the two houses royal of Lancaster and York and which of them may seeme to haue had the better right to the crowne by way of succession CAP. IIII. AND first of al before I do descend to treat in particuler of the different pretences of seueral persons and families that haue issued out of these two royal linages of Lancaster and Yorke it shal perhaps not be amisse to discusse with some attention what is or hath or may be said on both sides for the general controuersie that lyeth betweene them yet vndescided in many mens opinions notwithstanding their hath bin so much sturr about the same not only writing and disputing but also fighting and murthering for many yeares And truly if we looke into diuers histories recordes and authors vvhich haue written of this matter vve shal find that euery one of them speaketh commonly according to the tyme wherin they liued for that al such as wrote in the tyme of the three Henries fourth fift and sixt kings of the house of Lancaster they make the title of Lancaster very cleare and vndoubted but such others as wrote since that tyme 〈◊〉 the house of Yorke hath held the scepter they haue spoken in far different manner as namely
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
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
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
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
the auersion and natural alienatiōn of that people from the Inglish and their ancient inclination to ioyne with the Frēch Irish against vs maketh it yery probable that that subiection of theirs to the crowne of Ingland vvould not loug indure as by expetience we haue feene since the tyme of king Edward the first vvhen after the death of their king Alexander the third without issue they chose king Edward to be their king deliuered their townes and fortresses into his hands did sweare him fealty receaued his deputy or viceroy as Polidor at large declareth And yet al this serued afterward to no other effect but only slaughter bloodshed and infinyt losses and charges of Ingland Thirdly they saye that if the king of Scots should come to possesse the crowne of Inglād he cannot choose at least for many yeares but to stand in great ielousy of so many other competitors of the Inglish blood royal as he shal finde in Ingland against whom he must needes fortifie him selfe by those other forayne natiōs that may be presumed to be most sure vnto him though most contrary by natural inclination least tollerable in gouermēt to Inglish men as are the Scots of whom he is borne and danes vvith vvhom he is allyed and French of vvhom he is descended and of the vnciuil part ofIreland vvith vvhom one great piece of his realme hath most coniunction the authority sway of which fower nations in Ingland and ouer Inglish-men vvhat trouble it may worke euery vvise man may easely coniecture Besides that the Scots-men themselues specially those of the nobility do openly professe that they desire not this coniunction and subordination vnto Ingland which in no wise they can beare both for the auersion they haue to al Inglish gouerment ouer them as also for that their liberties are far greater as now they liue then in that case it would be suffred their king coming heerby to be of greater power to force them to the forme of Inglish subiection as no doubt but in tyme he would And seing the greatest vtility that in this case by reason and probability can be hoped for by this vnion is that the Scotish nation should come to be aduanced in Inglād and to be made of the nobility both temporal and spiritual of the priuy councel and of other lyke dignities of credit and confidence for otherwise no vnion or amitie durable can be hoped for and considering that the king both for his owne safetie as before hath bin said as also for gratitude and loue to his owne nation and allied frends must needs plant them about him in chiefe place of credit vvhich are most opposite to Inglish natures and by litle litle through occasion of emulations and of controuersies that vvil fal out daylie betwixt such diuersity of nations he must needes secretlie begin to fauour and fortifie his owne as we reade that William Conqueror did his Normannes and Canutus before him his Danes to the incredible calamity of the Inglish nation though otherwise neither of them vvas of themselues either an euil king or enimye to the Inglish blood but driuē hereunto for their owne saftie and for that it vvas impossible to stand neutral in such national contentions if al this I say fel out so then as vve know it did and our ancestors felt it to their extreme ruine what other effect can be hoped for now by this violent vnion of nations that are by nature so disunited and opposite as are the Inglish Scotish Irishe Danishe Frenche other on them depending vvhich by this meanes must needs be planted together in Ingland And if vve reade that the vvhole realme of Spayne did refuse to admitt S. Lewis king of France to be their king in Spayne to vvhom yet by law of succession it vvas euident confessed by the spaniards themselues as their chronicler Garibay writeth that the right most clearly dyd appertayne by his mother lady Blanch eldest daughter and heyre of K. Alonso the nynth and that they dyd this only for that he vvas a Frenchman and might therby bring the french to haue chiefe authority in Spayne and if for this cause they did agree together to giue the kingdome rather to Ferdinando the third that was sonne of Lady Berenguela yonger sister to the said lady Blanch and if this determination vvas thought at that tyme to be vvife and prouident though against al right of lineal succession and if vve see that it had good successe for that it indureth vnto this day what shal vve say in this case say these men vvhere the king in question is not yet a S. Lewis nor his title to Ingland so cleere as that other vvas to spayne and the auersion betwixt his nation and ours much greater then vvas that betwixt the french and Spanish thus they do reason Agayne we heard out of the discourse made by the Ciuilian before how the states of Portugal after the death of their king Don Ferdinando the first of that name vvho left one only daughter and heyre named lady Beatrix married vnto Iohn the first king of Castile to whō the succession of Portugal vvithout al controuersie did apertaine they rather determyned to chose for their king a bastard brother of the sayd Don Fernando named Iohn then to admitt the true inheretor Beatrix vvith the gouerment of the Castilians by vvhom yet they being much the richer people the Portugals might hope to reape far greater vtility then Inglish men can do by Scotland considering it is the poorer country and nation And this is that in effect which these men do answere in this behalfe noting also by the way that the Romās themselues vvith al their power could neuer bring vnion or peace betweene thease two nations of Ingland Scotlande nor hold the Scots and North-Irish in obedience of any authority residing in Ingland and so in the end they vvere enforced to cut them of to make that famous walle begun by Adrian and pursued by other Emperours to diuide them from Inglād and barre them from ioyning as al the vvorld knoweth and much lesse shal any one king liuing in Ingland now hold them al in obedience let him be of vvhat nation he vvil and this for the vtility that may be hoped by this vnion But now for the other pointe alleaged by the fauourers of Scotland about establishmēt of true religion in Ingland by entrance of this king of Scots these other mē do hold that this is the vvoorst and most dangerous pointe of al other considering vvhat the state of religion is in Scotland at this day and how different or rather opposite to that forme which in Ingland is mainteyned and vvhen the Archbishopes bishopes deanes archdeacons and other such of ecclesiastical and honorable dignities of Ingland shal consider that no such dignity or promotion is left now standing in Scotland no nor any cathedral
or collegiate church is remayned on foote vvith the rents and dignities therunto apperteyning and vvhen our nobilytie shal remember how the nobilitie of Scotland is subiect at this day to a few ordinary and common ministers vvithout any head vvho in their synodes and assemblies haue authority to put to the horne and driue out of the realme any noble man vvhatsoeuer vvithout remedy or redresse except he vvil yeald and humble himselfe to them and that the king himselfe standeth in avve of this exorbitant and populer povver of his ministers and is content to yeld therunto it is to be thought say these men that few Inglish be they of vvhat religion or opinion so-euer vvil shevv themselues forvvard to receaue such a King in respect of his religion that hath no better order in his ovvne at home and thus much concerning the King of Scotland Now then it remayneth that we come to treat of the lady Arbella second branch of the house of Scotlād touching whose title though much of that vvhich hath bin said before for or against the king of Scotland may also be vnderstoode to apparteyne vnto her for that she is of the same house yet shal I in this place repeat in few wordes the principal points that are alleaged in her behalfe or preiudice First of al then is alleaged for her and by her fauourers that she is descended of the foresaid lady Margaret eldest daughter of king Henry the seuenth by her second marriage vvith Archibald Duglas earle of Anguys and that she is in the third degree only from her for that she is the daughter of Charles Steward vvho was sonne to Margaret Countesse of Lenox daughter to the said lady Margaret Queene of Scots so as this lady Arbella is but neece once remoued vnto the said Queene Margaret to vvit in equal degree of discent vvith the king of Scots vvhich king being excluded as the fauorers of this vvoman do affirme by the causes and arguments before alleaged against hym no reason say they but that this lady should enter in his place as next in blood vnto him Secondly is alleaged in her behalfe that she as an Inglish vvoman borne in Ingland and of parents vvho at the tyme of her birth vvere of Inglish alleageance vvherin she goeth before the king of Scots as hath bin seene as also in this other principal pointe that by her admission no such inconuenience can be feared of bringing in strangers or causing troobles sedition vvith-in the realme as in the pretence of the Scotish king hath bin considered and this in effect is al that I haue heard alleaged for her But against her by other competitors and their frendes I haue hard diuers arguments of no smale importance and consideration produced vvherof the first is that vvhich before hath bin alleaged against the king of Scotlād in like māner to wit that neither of them is properly of the house of Lancaster as in the genealogie set downe in the third chapter hath appeared And secondly that the title of Lācaster is before the pretence of Yorke as hath bin proued in the fourth chapter wherof is inferred that neythere the king of Scots nor Arbella are next in successiō and for that of these two propositiōs ther hath bin much treated before I remitte me therunto only promising that of the first of the tvvo vvhich is how king Henry the seuēth vvas of the house of Lancaster touching right of succession I shal handle more particulerly afterward vvhen I come to speake of the house of Portugal vvherby also shal appeare playnly vvhat pretence of succession to the crowne or duchy of Lancaster the discendentes of the said king Henry can iustely make The second impediment against the lady Arbella is the aforesaid testament of king Henry the eight and the two acts of parlaments for authorising of the same by al vvhich is pretended that the house of Suffolke is preferred before this other of Scotland A third argument is for that there is yet liuing one of the house of Suffolk that is neerer by a degree to the stemme to vvit to Hēry the seuenth to vvhom after the discease of her Maiesty that now is we must returne then is the lady Arbella or the king of Scots and this is the lady Margeret countesse of Darby mother to the present earle of Darby vvho was daughter to lady Elenor daughter of Queene Mary of France that vvas second daughter of king Henry the seuēth so as this lady Margaret coūtesse of Darby is but in the third degree from the said Henry wheras both the king of Scotland and Arbella are in the fourth and consequently she is next in propinquitie of blood how greatly this propinquity hath bin fauoured in such cases though they vvere of the yōger liine the examples before alleaged in the fourth chapter do make manifest Fourthlie and lastely and most strongly of al they do argue against the title of this lady Arbella affirming that her discent is not free from bastardly vvhich they proue first for that Queene Margaret soone after the death of her first husband king Iames the fourth marryed secretly one Steward lord of Annerdale which Steward vvas alyue longe after her marriage vvith Duglas and consequently this second marriage vvith Duglas Steward being aliue could not be lawful vvhich they do proue also by an other meane for that they saie it is most certaine and to be made euident that the said Archibald Duglas earle of Anguis had an other vvife also aliue vvhen he married the said Queene vvhich points they say vvere so publique as they came to king Henries eares vvhervppon he sent into Scotland the lord William Howard brother to the old duke of Norfolke and father to the present lord Admiral of Ingland to enquire of these pointes and the said lord Howard founde them to be true and so he reported not only to the king but also aftervvards many tymes to others and namely to Queene Mary to vvhom he vvas lord Chamberlayne and to diuers others of vvhom many be yet liuing which can and will testefy the same vppon the relation they heard from the-sayd lord Williams owne mouthe vvheruppon king Henry vvas greatly offended and would haue letted the marriage betweene his said sister and Duglas but that they were married in secret and had consummate their marriage before this was knowne or that the thing could be preuented vvhich is thought vvas one especial cause and motiue also to the said king afterward to put back the issue of his said sister of Scotland as by his fornamed testament is pretended and this touching Arbellas title by propinquitie of byrthe But besides this the same men do alleage dimers reasons also of inconucnience in respect of the common vvealthe for vvhich in their opinions it should be hurtful to the real me to admitt this lady Arbella for Queene as first of al for that she is a
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
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
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
of Portugal that are the discēdents of Lady Phillippe his sister thus say the issue of king Henry the seuenth But to this the princes of the house of Portugal do reply and say first that by this it is euident at least that the dukedome of Lancaster vvherof the lady Blanch vvas the only heyre must needs apperteyne to them alone and this vvithout al doubt or controuersie for that they only remaine of her issue after extinguishing of the posterity of her elder brother K. Henry the fourth which vvas extinguished by the death of king Henry the sixt and of his only sonne prince Edward and for this they make no question or controuersie assuring themselues that al law right and equity is on their side Secondly touching the succession and right to the kingdome they saye that Iohn earle of Somerset being borne out of Wedlock and in adultery for that his father had an other vvife aliue vvhen he begatt him and he continuing a bastard so many yeares could not be made legitimate afterward by parlament to that effect of succession to the crowne and to depriue Queene Phillip of Portugal and her children borne before the others legitimation frō their right and succession vvithout their consents for that Iohn king of Portugal did marry the said lady Phillip vvith condition to enjoy al prerogatiues that at that day vvere due vnto her and that at the tyme vvhen Iohn of Gaunt did marry the said lady Catherine Svvinford made her children legitimate by act of parlament vvhich vvas in the yeare of Christ 1396. and 1397. the said lady Phillip Queene of Portugal had now tvvo sonnes liuing named don Alon so and don Edwardo vvhich vvere borne in the yeares 1390. and 1391. that is six yeares before the legitimation of Iohn earle of Somerset and his brethren and therby had ius acquisitum as the law saith vvhich right once acquired and gotten could not be taken away by any posterior act of parlament afrervvard vvithout consent of the parties interressed for vvhich they do alleage diuers places of the canon law vvhich for that they hold not in Ingland I do not cite but one example they put to shew the inconuenience of the thing if it should be otherwise determined then they affirme vvhich is that if king Henry the eight that had a bastard sonne by the lady Elizabeth Blunt vvhom he named Henry fitzroy made him both earle of Notingham and duke of Richmond and Somerset in the 18. yeare of his reigne at vvhat tyme the said king had a lawful daughter a liue named the princesse Mary by Queene Catherin of Spayne if I say the king should haue offred to make this sonne legitimate by parlament with intent to haue him succeede after him in the crowne to the preiudice and open iniury of the said lawful daughter these men do say that he could not haue done it and if he should haue done it by violence it would not haue held and much lesse could Iohn of Gaunt do the like being no king Nor was the act of parlament sufficiēt for this pointe it being a matter that depended especially say these men of the spiritual court and of the Canon law which law alloweth this legitimation no further but only as a dispensation and this so farforth only as it doth not preiudice the right of any other Nether helpeth it any thing in this matter the matriage of Iohn of Gaunt with lady Catherin for to make better this legitimation for that as hath bin said their children vvere not only naturales but Spurij that is to saye begotten in playne aduoutrie and not in simple fornication only for that the one partie had a wife a liue and consequently the priuelege that the law giueth to the subsequent marriage of the parties for legitimating such children as are borne in simple fornication that is to say betweene parties that vvere single and none of them married can not take place here so as these men conclude that albeit this legitimation of parlament might serue them to other purposes yet not to depriue the princes of Portugal of their prerogatiue to succede in their mothers right which she had vvhen she vvas married to their father And this they affirme to haue bin law and right at that tyme if the said Queene Phillip earle Iohn had bin aliue together vvhen Henry the sixt and his sonne vvas put to death that this questiō had bin then moued at the deathe of king Henry the sixt whether of the two to vvit either the said Queene Phillip or her yonger brother Iohn earle of Somerset by the fathers side only should haue succeded in the inheritance of king Henry the sixt in vvhich case these men presume for certaine that the said Queene Phillippe legitimatly borne and not Iohn made legitimate by parlamēt should haue succeded for that by common course of law the children legitimated by fauour albeit their legitimation vvere good and lawful as this of these children is denyed to be yet can they neuer be made equal and much lesse be preferred before the lawful and legitimate by byrthe But now say these men the case standeth at this present somewhat otherwise and more for the aduantage of Queene Phillippe and her ofspring for vvhen king Henry the sixt his sonne were extinguished and Edward duke of Yorke thrust hym selfe in to the crowne which vvas about the yeare of Christ 1471 the foresaid two princes lady Phillip and earle Iohn vvere both dead as also their children and only their nephewes vvere aliue that is to saye their liued in Portugal king Alfonsus the fift of that name sonne to king Edward vvhich Edward vvas child to Queene Phillip and the death of king Henry the sixt of Ingland happened in the 38. yeare of the reigne of the said king Alfonsus and in Inglād liued at the same tyme lady Margaret Countesse of Richmond mother of king Henry the seuenthe and neece of the foresaid Iohn earle of Somerset to vvit the daughter of his sonne duke Iohn of Somerset so as these tvvo competitors of the house of Lancaster that is to say king Alfonsus and lady Margaret were in equal degree from Iohn of Gaunt as also from king Henry the sixt sauing that king Alfonsus vvas of the vvhole blood as hath bin said and by Queene Phillip that vvas legitimate and the countesse of Richmond vvas but of the halfe blood as by Iohn earle of Somerset that vvas a bastard legitimated The question then is which of these tvvo should haue succeded by right of the house of Lancaster immediatly after the death of king Henry the sixt and the lady Margaret alleageth that she vvas descended from Iohn earle of Somerset that vvas a man and therfore to be preferred and king Alfonsus alleaged that he being in equal degree of neernes of blood with the same countesse for that both vvere nephewes he vvas to be preferred
before her for that he was a man and of the vvhole blood to the last kings of the house of Lancaster and that she was a vvoman and but of the halfe blood so that three prerogatiues he pretended before her First that he vvas a man and she a vvoman and secondly that he descended of the lawful and elder daughter and she of the yonger brother legitimated and thirdly that he vvas of vvhole blood and she but of halfe and for better fortifying of this proofe of his title these men do alleage a certayne case determyned by the learned of our dayes as they say vvherin for the first of these three causes only the succession to a crowne vvas adiudged vnto king Phillip of Spayne to vvit the succession to the kingdome of Portugal vvhich case was in al respects correspondent to this of ours for that Emanuel king of Portugal had three children for so much as apperteyneth to this affaire for afterward I shal treat more particulerly of his issue that is to say two sonnes and one daughter in this order Iohn Elizabeth and Edward euen as Iohn of Gaunt had Hēry lady Philippe and Iohn Prince Iohn of Portugal first child of king Emanuel had issue an other Iohn and he had Sebastian in whom the line of Iohn the first child vvas extinguished but Iohns sister Elizabeth vvas married to Charles the Emperor had issue K. Phillip of Spayne that now liueth Edward also yōger brother to Elizabeth or Isabel had issue two daughters the one married to the duke of Parma the other to the duke of Bragansa so as king Phillip vvas in equal degree vvith these ladies in respect of king Emanuel for that he vvas sonne to his eldest daughter and the two duchesses vvere daughters to his yonger sonne vppon this rested the question vvhich of these should succeede and it vvas decided that it apperteyneth vnto king Phillip for that he vvas a man and his mother vvas the elder sister though if king Phillips mother and the two duchesses father I meane lord Edward of Portugal had bin aliue together no doubt but that he beinge a mā should haue borne it away vvhich these men say holdeth not in our case but is much more to our aduantage for that it hath bin shewed before that if Queene Phillippe had bin aliue vvith earle Iohn of Somerset at the death of king Henry the sixt she should haue bin preferred as legitimate by birth and therfore much more ought her nephew king Alfonsus to haue bin preferred afterward in that he vvas a man before the neece of the said earle Iohn of Somerset that vvas but a vvoman thus farr they And besides all this they do adde as often before I haue mentioned that king Alfonsus vvas of the vvhole blood vnto al the three king Henries of the house of Lancaster the countesse of Richmond vvas but of the halfe blood and for more strengthening of this argument they do say further that besides that interest or right to the crowne vvhich king Henry the fourth that vvas the first king of the house of Lancaster had by his father Iohn of Gaunt in that the said Iohn vvas third sonne of king Edward the third the said king Henry had diuers other interestes also which came of himselfe only and not from his said father as vvere for example his being called into the realme by general voyce of al the people his right gotten by armes vppon the euil gouerment of the former king the personal resignation and deliuery of the kingdome by solemne instrument made vnto him by king Richard his election also by parlament coronation by the realme and finally the quiet possession of him and his posteritie for almost threescore yeares vvith many confirmations of the whole realme by diuers acts of parlament othes and other assurāces as the world knoweth so many I meane and so autētical as could possibly be deuised or giuen and besides al this that vvhen king Richard vvas dead he vvas next in degree of propinquitie vnto him of any man liuing for that the sonnes of Roger Mortimer vvere two degrees further of then he as hath bin shewed before Al vvhich particuler rightes and interestes vvere peculier to Henry the fourth his person and vvere not in his father Iohn of Gaunt and therfore cannot possibly discend from him left by the last duke of Parma lord Ranutius that is now duke of Parma and lord Edward that is Cardinal and the lady Catherine duchesse of Bragansa that yet liueth hath issue diuers goodly princes as the lord Theodosius that is now duke of Bragansa and three yonger brothers to vvit Edward Alexander and Phillip al yong princes of great expectation and these are the children of king Emanuel vvhose particuler successions and issues I shall declare somwhat more yet in particuler Prince Iohn of Portugall afterward king by name of king Iohn the third had issue an other Iohn that vvas prince of Portugal but dyed before his father and left a sonne named Sebastian vvho vvas king and slayne afterward by the Moores in Barbary and so ended this first lyne The second sonne and fourth childe of king Emanuel vvas named lord Lewis and dyed also vvithout issue legitimate as is supposed for that don Antonio his sonne that afterward vvas proclaymed king by the people of Lisbone and now liueth in Ingland vvas taken by al men to be vnlawful as presently more at large shal be shewed so as after the death of king Sebastian their entred the Cardinal lord Henry vvhich vvas third sonne to king Emanuel and great vncle to king Sebastian lately disceased for that he was brother to king Iohn the third that vvas grand father to king Sebastian and albeit their vvanted not some accordinge as the authors wryte vvhich afterward I shal name vvho affirmed and held that king Phillip of Spayne should haue succeded king Sebastian before the Cardinal for that he vvas neerer in consanguinitie to him then vvas the Cardinal for that besides that king Phillip was sonne of king Emanuels eldest daughter he vvas brother also to king Sebastians mother yet the said Cardinal entred peceably and by consent of al parties but for that he vvas old and vnmarried and not like to leaue any child of his owne there began presently the contention in his dayes vvho should be his successor To vvhich succession did pretende fiue princes of the blood royal of Portugal besides the lady Catherine Queene mother of France who pretended by her mothers side to be discended of one lord Raphe earle of Bulayne in Picardy vvhich Raphe vvas eldest sonne of Alfonsus the third king of Portugal which Alfonsus before he vvas king to wit in the tyme of his elder brother king Sanches of Portugal was married to the countesse and heyre of Bullayn named Mathildis and had by her this Raphe but afterward this Alfonsus comming to be king of Portugal he married agayne
vvith the king of Castiles daughter and had by her a sonne called Denyse vvho reigned after him and his successors vnto this day al which succession of kinge Denyse his posteritie the said Queene mother would haue improued and shevved that it apperteyned to her by the said Raphe for this cause sent she to Portugal one lord Vrban bishop of Comince in Gasgonie to plead her cause vvhich cause of hers vvas quicklie reiected and only the forsaide fiue princes discended of king Emanuels children were admitted to tryal for the same which vvere Don Antonio sonne of lord Lewis the king Cardinals elder brother and king Phillip of Spayne sonne of lady Elizabeth the eldest sisteof t he said Cardinal and Philibert duke of Sauoy sonne of the lady Beatrix the same Cardinals yonger sister and the two duchesses of Parma and Bragansa named Mary and Catherine daughters of lord Edward yonger brother of the said Cardinal and yongest child of king Emanuel And for that the lady Mary duchesse of Parma vvhich vvas the elder of the tvvo daughters vvas dead before this controuersie fel out her eldest sonne lord Ranutio now duke of Parma pretended by her right to the said crowne And for that this matter vvas of so great importance euery parte procured to lay downe their reasons and declared their rightes in the best manner they could and such as could not be present themselues in Portugal sent thither their agentes Embassadors and Atturneys to plead their causes for them Don Antonio and the duchesse of Bragansa as inhabitants of that kingdome were present and declared their pretences namely Don Antonio by himselfe and for himselfe and the lady Mary of Bragansa by her husband the duke and his learned councel The prince of Parma sent thither for his parte one Ferdinande Farnese bishop of Parma The duke of Sauoy sent Charles of Rouere aftervvard made Cardinal The king of Spaine as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples Syr Christopher de Mora knight of his chamber at that tyme but since of his priuye councel and lately made earle of Castel Rodrigo in Portugal of vvhich country he is natiue and besides these two a great lawyer named Roderigo Vasques made since as I heare saye lord President of Castil vvhich is as much almost as lord Chancelor vvith vs. Al these did lay forth before the king Cardinall their seueral reasons and pretensions to the succession of the crowne of Portugal for the fiue persons before mentioned whereof two vvere quickly excluded to wit the duke of Sauoy for that his mother was yonger sister to king Phillips mother and himselfe also of lesse age then the said king And secondly Don Antonio was also excluded by publike and iudicial sentence of the king Cardinal his vncle as illegitimate and borne out of lawful wedloke and albeit Dō Antonio denyed the same and went about to proue hym selfe legitimat affirming that his father the lord Lewis before his death had married with his mother in secret and for this brought forth some witnesses as namely his mothers sister with her husband and two others yet the king Cardinal affirmed that vppon examinatiō he had found them to be suborned vvhich he said vvas euident to him partly for that they agreed not in their speeches and partly for that some of them had confessed the same to wit that they were suborned vvhom he cast into prison and caused them to be punished and so sitting in iudgement accompained with fower bishopes and fower lawyers vvhō he had called to assist him in this cause he pronounced the same Don Antonio to be a bastard for vvhich the Authors that I haue read about this matter which are principally two the first named Hierom Franke a gentleman of Genua who wrote ten bookes in Italian of the vnion of the crowne of Portugal to the crowne of Castilia and the second is named Ioanes Antonius Viperanus a Sicilian as I take him who wrote one booke only in latine de obtenta Portugallia à rege Catholico Phillippo of Portugal gotte by king Phillip the Catholike both these bookes I say out of vvhom principally I haue taken the pointes which heere I wil touch do seuerally set downe the causes following vvhy the king Cardinal did reiect the pretence of Don Antonio before al other pretenders and pronounced him a bastard First for that he had byn euer so taken al the tyme of his fathers life and no man euer dowted therof or called the matter in question vntil now that himselfe denyed the same Secondly for that in the tyme of Iulius Tertius the Pope when certayne decres came out from Rome against the promotion of bastardes the same Dō Antonio sued to the said Pope to be dispensed with al in that case vvhich argueth that then he knew himselfe not legitimate Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same that this Antonye vvas his bastard and had signified also so much in his last vvil testament Fourthly the said Cardinal as of himselfe also affirmed that if his brother the lord Lewis had euer dōne any such thinge as to marry this Woman who was but base in birth and of the Iewish race as these stories do affirme that it is like that he would haue made some of his owne frendes kynred acquainted therwith as a matter so much important for them to know but he neuer did though the said Cardinal auowed that himselfe was present vvith him at his death Fiftly he said that if Don Antonio had bin legitimate how happened that he did not pretend the succession before the Cardinal himselfe next after the death of king Sebastian seing that he vvas to haue gone before the said Cardinal by as good right as his other nephew Sebastian did if he had bin legitimate for that he vvas sonne also to the Cardinales elder brother as hath bin saide Sixtly lastly the said king Cardinal auowched against Don Antonio partly the disagreeing and partly the open confessing of the vvitnesses that they were suborned by him vppon al vvhich causes and considerations he proceeded to the iudicial sentence before alleaged Thus passed the matter in the case of Don Antonio vvho if he had bin legitimate no doubt but by al right he should haue bin preferred before al the other pretenders to the crowne of Portugal and must be at this day towards the crowne of Ingland before al those that pretend of the house of Portugal if vve graunt him to be legitimate and much more clearly may he pretend to the dukedome of Lancaster as before hath bin declared for that it must discend to the lawful heyre of lady Phillip Queene of Portugall wherof enseweth also one consideration not impertinent to vs in Ingland that seing we hold him there for true king of Portugal I see not
the lawes of Ingland and not by the lawes of other forrayne countryes it followeth that the selfe same right of succession that is pretended at this day by the princes of Portugal for succeding the said lady Phillippe should be determined only by the lawes of Ingland where representation taketh place and not by the lawes of any other nation Thus say they But against this others do alleage that the question is not heer by vvhat law this pretence of the blood royal of Portugal to the crowne of Ingland is to be tried but rather vvho is the true and next heyre and successor vnto K. Iohn the first and to his wife Queene lady Phillippe heyre of the house of Lancaster which two priuces vvere king and Queene of Portugal their true heyre at this day hath the forenamed pretence to the crowne of Ingland which true and next heyre being once knowne it litle importeth by what law he pretendeth his said right to Ingland whether by that of Inglād or by this of Portugal or by bothe thoughe to determine this first and chief point vvho is the next and true heyre vnto these foresaid king Queene of Portugal the lawes of Portugal must needes be iudge not those of Ingland and so seing that by these lawes of Portugal the king of Spayne is now adiudged for next heyre to the said princes and is in possession of their inheritance at this day I meane of the crowne of Portugal these mē say that he must consequently inherite also al other rightes dignities and prerogatiues belonging to the foresaid princes or to their posteritie And thus you see now how great diuersitie of arguments and obiections are and may be alleaged on different sides about this affayre wherby also is made manifest how doubtful ambiguous a matter this pointe of Inglish succession is seing that in one only branch of the pretenders vvhich is in the house of Portugal alone their are so many difficulties as heere hath byn touched But now the common obiection against al these titles and titlers is that they are old and out of vre and not to be brought in question againe now especially seing that both king Henry the seuenth and his issue haue enioyed so long the title of the house of Lancaster as it hath and secondly that these titles do apperteyne vnto strangers vvhose gouerment may be dangerous many wayes vnto Ingland and especially in that which toucheth the king of Spayne who being so great and mightye a monarch as he is may preiudice greatly the Inglish libertye and easely bring them into seruitude if his pretence should be fauoured as by some it seemeth to be This is the speach of many men in Ingland and abroad at this day wherunto yet some others do answer that as concerning the first obiection of the oldnes of the pretence title it hath bin shewed before that by law no title to a kingdome dyeth euer but may take place vvhensoeuer the partie to vvhom it belongeth is able to auouch it and gett possession and as for this pretence of the line of Portugal they say that it hath not such great age but that very vvel it may shew it selfe and be had in consideracion especially at this tyme vvhen now the issue male of king Henry the seuenth is ended and that of necessitie vve must returne to haue consideration of the issue of his daughters before vvhich daughters good reason say these men is it that the issue of lady Phillippe Queene of Portugal should be admitted for that albeit vve vvould haue that respect to the issue male of Iohn Earle of Somerset as to preferr it or suffer it to enioy the crowne before the issue of Queene Phillippe and so they say it seemeth that it was for that king Henry the seuenth vvas crowned king his mother being a liue vvhich yet by ordinary course of succession should haue gone before him yet say they it is no reason that the issue female of Iohn of Somerset or of king Henry the seuenth should be preferred before the issue male of the said Queene Phillippe Moreouer they saye that the house of Clarence and Huntington do pretend a title more old and stale at this day then this of Portugal for that they pretend from George duke of Clarence that neuer had the crowne and these of Portugal pretend to be next heyre to king Henry the sixt that did vveere the crowne of Ingland for 40. yeares togeather after whose death if king Alfonsus of Portugal who vvas then old vvearied with euel successe of warres had bin so able to preferr and follow his title as some of that house be at this day he vvould neuer haue suffered the house of York to haue entred nor king Henry the seuenth to haue enioyed it after them by the title of Lancaster vvhich title yet of Lancaster say these men king Henry the seuenth could not haue in himselfe any vvay vvhether we respect Queene Phillippe or Iohn of Somerset for by Queene Phillippe they of Portugal were euidently before him and by waye of Iohn of Somerset the countesse his mother vvas as cleerly before hym nether could he haue any title as yet by the house of Yorke for that he vvas not yet married to the daughter of king Edward so as his crowning in the feild and whole entrance to the kingdome vvas without any actual title at al but only the good will of the people as these men do hold To the other obiection of forraine princes strange gouerment that may come to Ingland by these pretences of the princes of Portugal diuers men do answer diuersly for some do graunt that it may be so that by this meanes Ingland may come to be vnder forayne kinges and that no hurt or inconuenience at al would ensue therof to Ingland but rather much good and commoditie but other that like not vvell of this assertion do say further that if these forrayne pretence should take place yet that al matters might be so compounded that albeit the prince himselfe which is to rule should be forrayne borne vvhich they take to be no inconuenience yet that his forces and dependance should be only of the Inglish for that he should not bring in any strainge powers into the land no more them did king Stephen or king Henry the second that were borne in France or then did king Phillip of Spayne in Queene Maryes dayes or as it is thought Monsieur of France should haue done if he had married her Maiestie that now is as once it was supposed he should To this said one of the companie and is it possible that any man should be of opiniō that forrayne gouerment in what manner or kinde so euerit be should not be iuconuenient and hurtfull to Inglād wher the people are vvholye bent against it you remember quoth he as concering the last two examples that you haue alleaged what tumult and sture
in his description of those countryes the whole wealth and riches of the world seemed to slow thither and I my selfe can remember to haue seene such exceding abundance in very ordinairy men of this country both for their dyet apparrel furniture of house and the like as was wonder ful besides that for their nobilitie they were al great Princes for that euery one had his prouince or great towne in gouerment which they ruled whith that pompe and honor as if they had bin absolute lordes themselues by reason of the farr distance of their supreme Prince and so they were receaued whith publique honor of al citties and townes their charges borne wheresoeuer they passed as such high estates are wont to be And albeit they had euer commonly a strainger for supreme gouernor among them vnder their kinge which bare the name to be aboue them yet did he in deed nothing but as they would haue him and this partly for that his time of gouerment being but short he alwaies attended principally to gett the good willes of the people and to hold them contented and therby to be grat-ful to his king at his returne home and partly also for that if he should attempt to do any thing against their myndes and liking they made reply by their president and Chancelor and other of their owne Councelers residing for the Flemish nation in the court of Spayne for this nation hath alwaies a particuler councel ther about the king as al other forayne nations also haue that are vnder him and by this meanes they obteyned lightly what they would and brought the gouernor to what they pleased so as in effect they were absolute kings in themselues wrought their willes in euery thing this in that tyme while the country was quiet But now since their reuolt which hath indured almose these foure or fiue and twenty yeares what hath succeded surely their hath not a quarter so many bin punished or put to death in al these yeares by order of Iustice of their king absent as before I haue shewed that there were in one day by their owne earles and dukes when they were present that vppon far lesse occasion and cause giuen then are these for if we take away the two noble men Egmond and Horne put to death at the beginning of these Flemish troobles by the duke of Alua for which some men say also that he had no thanke afterward by the king no man of importance hath bin since executed and the cheefest townes that haue bin and are agaynst the king in Holland and Zeland are suffred vntil this day to traffique freely into Spayne and yet we know that for a little beginning of a certayne tumult this last yeare past in Spayne it selfe to wit in the kingdome of Aragon many heades haue bin stroken of and much iustice done where of then riseth this differēce no doubt for that the Flemmings are straingers far of and the other neere at home natural borne so as this circumstance of being a stranger and dwelling far of doth them great pleasure and giueth them priuilege aboue the homborne subiects The like I might shew for this matter of punishment in the fore said states of Italie where if a mā do compare the number of them that were put to death pulled downe or afflicted by order of Iustice and other wise at the commandement of the Prince in tyme of their owne home-borne kings with that which hath bin since especially of the nobility you shal not finde one for twenty and the reason of this is for that their owne kings were absolute and had to giue accompt to no man of their doings and for that they were men and had their passions and emulations with the nobilitie and might put the same in execution without accompt or controlment they pulled downe set vp at their pleasure and made oftentymes but a iest of noblemens liues and deathes but now these that are gouernours viceroyes for a forraine prince first they haue not so great authority or comission as to touch any such principal persons liues whithout giuing relation therof first vnto their king councel and receaue againe particuler order for the same and then they knowing that after their three yeares gouermēt is ended they must be priuate men againe and stay their 40. dayes as subiects vnder the next new gouernour to giue a reconning of their doings against al that shal accuse them which in these countryes they call to make their residence they take heede what they doe and whom they offend so as the condition of nobility is far different vnder such a strainge gouerment as this is termed then vnder a natural Prince of their owne country which oppresseth them at his pleasure But now to draw neer homward if we wil examine and considerer what hath passed in Ingland in this point of massacring our nobility by our domestical Princes it is a matter lamentable for it may seeme that they haue serued oftentymes for our Princes to make disport to play whith their heades And to let passe al those which in tyme of warres rebellions comotions haue bin cut of which occasions may seeme more iustifiable I do read also in our chronicles that 2 Sangue freddo as the Italian sayth that is to say in tyme of peace and by execution of iustice at the Princes appoyntment these noblemen following and knyghts by name were put to death with in the space of one fiue yeares in king Henry the fourth his dayes The duke of Excester the duke of Surrey the Archbis hop of Yorke the earles of Salisbury of Glocester of Worcester and of Huntington The earle mowbray earle marshal The Baron of Kinderton S. Roger Clarington bastard sonne of Edward the black Prince S. Thomas Blunr S. Barnard Rocas S. Richard Vernon And agayne soone aftervnder king Edward the fourth in almost whith in as litle space The dukes of Somerset and of Excester The earles of Deuonshire of Oxford and of Keyns The Lord Rosse the Lord Molyns S. Thomas Tudingham S. Phillip Wentworth S. Thomas fyndam and many others afterward for this was but at the beginning of his reigne which number of nobility if a man should haue seene them aliue together with their traynes before they had bin put downe he would haue said they had bin a very goodly company pitiful that so many of our owne nobilitie should be brought by our own Princes to such confusion But yet this matter may seeme perhapps the lesse maruelous and more excusable vnder those two kings for that troobles and contentions had passed a little before in the realme about the succession and heervppon so many of the nobility might be cut of but let vs see then what ensued afterwards when thinges were established and al doubt of contention about the succession taken away as in king Henry the eight his dayes it was and yet do
to 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
primogenitura Genes 15 49 Deut. 21. 15. 2. Patalip 21. 3. Exod. 3. 2. Rom. 9. 13. Genes 28 27. Tvvo points to be noted Genes 29 49. Exod. 1. 2. Reg. 5. 1. Paral. 3. Tvvo cases resolued The remede of inconueniences by succession Election succession do helpe the 〈◊〉 thothen Ansvver to the 〈◊〉 principal questions 〈◊〉 〈◊〉 to be 〈◊〉 VVhat an heyre apparent is before 〈◊〉 coronatiō Examples of tnatiage VVhat respect is devv to an heyre apparent VVhy Princes do cōpt ther yeares from the death of ther predecessors Girard de Haillan l. 3. de l'estate pag. 241. No heyre apparent K. before his coronation An euident Argument A rare example of King Henry V. Polydor. virg lib. 22. hittor Angliae in vita Henrici V. Stovv in the beginning of the life of king Henry V. Notes of this act 2. 3. 4. Admissiō of more importan ce then successiō See ther lastvvords to ther frendes in Sir Tho Moore Stovv VVhy diuer kings caused ther sonnes to be crovvned in ther ovvne dayes Hirrd du Haillan lib. 6. hist. an 1001. An. 1032. An. 1061. An. 1131. An. 1180. 3. Reg. 1. Polyd. Stovv in vita Henrici 11. The occasion of the next chapter The Ciuilian cloyed vvith copy Obiectiēs The example of the Ievves 3. Reg. 8. King Saule 2. Reg. 2. 21. An obiection ansevered 2. Reg. 9. King Dauid made by electiō 2. Reg. 2. 5. Psal. 131. 2. Paral. 6. Adonias the elder sonne relected 3. Reg. 1. The motiues of Adonias 〈◊〉 to King Dauid to make Salomō his successor 3. Reg. 1. The coronation of Salomon 〈◊〉 Reg. 1. A poynt to be noted The manner of admission of the prince Roboam 3. Reg. 12. 3. Reg. 11. 5. Reg. 12. 21. Foure races of Spanish Kings Ambros. moral Lib. 11. 〈◊〉 c. 12. 2. Race Ambros. moral lib. 13. c. 3 Moral lib. 37. e. 42. 43. 44. 3. Race Garibay lib 20. c. 〈◊〉 4. 〈◊〉 Examples of the first race Concil Tol. 3. c. 3. Conc. tol 4. cap. 74. Examples of the 2. race Episcop Tuyens l. 1. histoin Ludou de Molin li. de hared King Don Pelayo Ambros Mor 1. 13. cap. 6. 9. 10. Sebast. Epise Salam in hift Hisp. K. Don Alonso y Dö fruela Moral li 13. cap. 17 An. 768. Many breaches of succession Moral e. 21. King Don Aurelio King Don Sile. King Don Alonso the chast Mor I 15. cap. 25. A strange deliberation Great authoritie of comon vvealth K. Alonso the chast reyneth the secōd tyme. Moral e. 28. 29. An. 791. Moral li. 13. cap. 45 46. Anno 842. A horible tribute King Dō Ramiro 1 by election Moral e. 51. The kingdom of Spayne a Maiorasgo K. Don Ordonio An. 924. Moral 1. 16. cap. 1. An. 924. Don Alonso 4. Don Ramiro Moral lib. 19 cap. 20. An. 930. Don Ordonio 3. An. 950. Don Sancho 1. Moral l. 16. cap. 29 An. 950. Mor. l. 17. c. 1. 2. 3. 4. The end of the race of Don Pelayo Of the disceues follovving Spanish examples in the second discent 〈◊〉 1201 Carib li. 11. cap. 12 37. Lady Elenor an Inglish vvoman Q. of Spayne Garib l. 13. cap. 10 An 1207. An Inglish Qgrād mother to tvvo king saints at once An other brech of successiō The Cerdas put bark from the crovvne 1276. Garabay l. 15. c. 1. an 1363. Many alterations of lineal discent Dō Iohn the first a bastard made king of Portugal Garib l. 15 cap 22. li. 34. c. 39. Of the state of france An. 419. An. 751. An. 988. Examples of the 2. rancke of French Kings King Pepin by election An. 751. K. Charles by election Girard du Haillan l. 3. an 768. Eginard Belfor li 2. cap. 5. The vncle preferred before the nephevv Paul mili hist. Franc. King Luys de bonnaire An. 814. Girard l. 5 An. 834. An. 840 An. 878. Baudin en la Chroni que pag. 119. Girard l. 1 An. 879. Tvvo bastards pre ferred An. 881. Luys faineant K. of France An. 886. Charles 4 le Gros. King of France Girard li. 5. An. 888 Odo a king and after Duke of vvhom came Hugo Capetus Rafe 1. King of France An. 927. An. 929 Luys 4. d'Outremer The true geyre of France excluded Hugh Capet othervvise Snatch cappe 988 Belfor li. 3. cap 1. An. 988. Defence of Hugh Capetus title The embassage of the states of France vnto Char les of Loraine Girard 1. 6 an 988. Note this comparison Examples out of the third tyme of France Girard li. 6. an 1032 K. Henry 〈◊〉 preferred before his elder brother VVilliam conqueror hovv he came to be duke of Normandie Girard 1. 6. Anno 1032. 1037. Sonnes excluded for the fathers offences Girard lib. 7. An. 1110. Belfor l. 4 c. 1. l. 5 Cōmzus in comen tar l. 1. in vita Ludouic 11. Examples of the realme of Ingland Diuers races of Inglish Kinges Thename of Ingland and Inglish King Egbert the first monarch of Inglād Polidor hist. aug li. 4. in fine An. soz King Pepin of France king Adel vvolfe An. 829. King Alfred 872. King Edvvard elder An. 900. King Aleston the Bastard 〈◊〉 An. 924. Polid. 1. 5. hist. Angl. Stovv pag. 130. An. 924. King Edmond r. An. 940. The vncle preferred before the nephevvs 946. Polid. 1. 6. Stovv in his chronicles Edgar a famous king King Edvvard Martirized K. Etheldred 978. Polid. 1. 7. hist. Ang. K. Edmēd 〈◊〉 Quere Emma mother to King Edward the 〈◊〉 Many breches of lineal succestiō Sonnes of King Edmond Ironside King Canutus the first 〈◊〉 King Edvvard the confessor made K. against right of successiō Prince Edvvard the out lavv and his children put back Polyd l 8. Harald second K. by election 1066. Polid. vbi sup VVilliam Duke of Normādy King of Ingland An. 1066. by election Girard li. 6. an 1065 Chron. Cassin l. 3. cap. 34. Antoninus part z. chron tit 16. cap. 5. 9. 1. Examples after the conquest Polyd. in vita Gul. Conq. VVilliam Rufus King An. 1087. Henry 1. An. 1100 Mathild the empresse King Stephen entred against successiē 1135. An act of parlamēt about successiē 1153. King Richard and king Iohn 1190. Prince Ar tur put back Tvvo sisters of prince Artur Duke of Britaine K. Iohn and his sonne reiected 1216. The titles of york Lācaster The con clusion of this-chapter Causes of excluding Princes VVhe must iudge of the lavvful causes of exclusiōs Open iniustice to be resisted VVhat are the cheete pointes to be regarded in a princes ad mission VVhence the reasons of admitting or re iecting a prince are to be taken Girard li. 3. de l'Estar pag. 242. Three principal points to be considered VVhy he resolueth to treat of religion principally The cheef end of a common vvealth supernatural Philosophers and lavv makers vvhat end they had of ther doings The com mon vvealth of beastes The natu ral end of mans cōmon vvealth Sacrifices and oblations by