I had meant to do or did conceive of the matter for my meaning only was to shew how many pretenders there be to the English Crown at this day and how doubtful the pretenders of divers of the chief of them be in respect of the many exclusions stops and heats that their adversaries or fellow competitors do lay against them and now you do add further that albeit these stops were taken away and their propinquity in bloud were manifest yet for other considerations the course of the next succession by birth may be justly altered upon such considerations as you insinuate that the English may have in the admission of their next King or Queen after her Majesty that now is which indeed if it be true maketh the matter of succession much more doubtful then I pretended which I confess I have not so much studied or thought of for that our common law goeth no further ordinary then to the next Successor in bloud to consider whether he be lawfully descended or no thereby to give him the Crown I confess said the Civilian that ordinary neither your law nor ours doth go any further especially in those Realms where the government goeth by succession of bloud which I think to be best of all other ways but yet there may hapen out such extraordinary cases sometimes against this ordinary rule as your common law must needs take also consideration of them except it will be contrary to all other law and reason both divine and humane as for example if it should fall out that the next in bloud should be a natural fool or a mad-man if he should be taken by Turks or Moors in his infancy and brought up in their religion and would maintain the same in your Country with all his forces and other like urgent cases wherein it is not probable but that your common law must needs have further consideration then of the bare propinquity of bloud only for that otherwise it should be a very imperfect law that hath not provided for accidents so weighty and important as these are for saving and conserving of your common-wealth At this speech the residue of the company began to smile to see the two Lawyers grow into some heat and comparison of their professions But yet for that both their asseverations did tend to prove one thing which was the first proposition set down to wit that the next successor of England must needs be very doubtful they rrquested them both with very great instance that each one would be content to prove his assertion a part to wit the temporal Lawyer to shew that the titles and pretenions of all those ten or eleven families of the English bloud Royal which remain at this day are ambigous and doubtful according to the common laws of England and the Civilian to declare that albeit their titles by succession were clear yet that as things stand now in that Realm and other Countries near adjoyning there may be a great doubt which of them shall prevail This I say was the request of the whole company and the Lawyers were content to take it upon them and according to these two points it was agreed that the whole speech or conference should be divided into two parts and the Civil Lawyer should begin first for that it seemed that his assertion being well declared and proved would give much light to the other and so he promised to do and to be as brief clear and perspicuous as he might and to reduce all that he would say to certain principal heads and chapters thereby the better to be understood and remembred and so he began in manner and form following CAP. I. That Succession to Government by nearness of Blood is not by Law of Nature and Divine but only by Humane and Positive Laws of every particular Common-wealth and consequently may upon just causes be altered by the same THe examples before alledged said the Civil Lawyer of a Mad or Furious Heir apparent or of one that were by Education a Turk or Moor in Religion or by nature deprived of his Wit or senses do plainly prove that propinquity of Birth or Blood alone without other circumstances is not sufficient to be preferred to a Crown for that no Reason or Law Religion or Wisdom in the World can admit such persons to the Government of a Common-wealth by whom no good but destruction may be expected to the same seeing that Government was ordained for the benefit of the weal-publick and not otherwise And albeit some one or two in these our days have affirmed the contrary and publisht the same in Writing for the defence flattery or advancement of some Prince whom they favour affirming that even a Fool Mad or Furious man or otherwise so wicked as he would endeavour to destroy the Common-wealth were to be admitted to the Seat-Royal without further consideration if he be next in Blood Yet this is so manifestly against all reason and Conscience and against the first end and purpose of Institution of Commonwealths and Magistrats as it shall not need to be refuted in this place albeit afterwards there will not want place and commodity for the same Hereof it doth ensue that some other conditions also must needs be requisite for coming to Government by Succession besides the only propinquity or priority in Blood and that these conditions must be assigned and limited out by some higher authority then is that of the Prince himself who is bound and limited thereby and yet it seems evident they are not prescribed by any Law of Nature or Divine for that then they should be both immutable and the self-same in all Countries as God and Nature are one and the same to all without change where notwithstanding we see that these conditions and circumstances of succeeding by Birth are diverse or different in different Countries as also they are subject to changes according to the diversity of Kingdoms Realms and People as after shall be shewed more in particular whereby we are forced to conclude that every particular Countrey and Commonwealth hath prescribed these conditions to it self and hath authority to do the same For better proof whereof it is first of all to be supposed that albeit sociability or inclination to live together in company Man with Man whereof ensueth both City and Common-wealth as Aristotle gathers in his first Book of Politiques be of nature and consequently also of God that is author of nature Though Government in like manner and Jurisdiction of Magistrates which doth follow necessarily upon this living together in company be also of nature yet the particular form or manner of this or that Government in this or that fashion as to have many Governours few or one and these either Kings Dukes Earls or the like Or that they should have this or that Authority more or less for longer or shorter time or be taken by Succession or Election themselves and their
were exasperated by the proceedings of their seventh King named Lucius Tarquinus surnamed the proud who for that as Livius saith he neglected the Laws of Government prescribed to him by the Commonwealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for that he appointed to himself a Guard as though he had mistrusted the People and for that he did use Injustice to divers particular men and suffered his Children to be insolent he was Expelled with all his Posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after that the other had endured two hundred years And thus much for those Kingdoms of Italy and Greece And if likewise we will look upon other Kingdoms of Europe we shall see the very same to wit that every Kingdom and Country hath its Laws prescribed â—o their Kings by the Common-wealth both for their Government Authority and Succession in the same For if we behold the Roman Empire it self as it is at this day annexed to the German Electors though it be the first in dignity among Christian Princes yet shall we see it so restrained by particular Laws as the Emperor can do much less than other Kings in theirs for he can neither make War nor exact any contribution of Men or Money thereunto but by the free leave and consent of the German Dyet or Parliament and for his Children or next in Kin they have no Action Interest or Pretence at all to succeed in their Fathers Dignity but only by free Election if they shall be thought worthy Nay one of the chiefest points that the Emperor must swear at his entrance as Sleydan writeth is this That he shall never go about to make the Dignity of the Emperor peculiar or hereditary to his Family but leave it unto the seven Electors free in their power to chuse his Successor according to the Law made by Pope Gregory the fifth and the Emperor Charles the fourth in this behalf The Kingdoms of Polonia and Bohemia do go much after the same fashion both for their restraint of Power and Succession to their Kings For first touching their Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellans neither may their Children or next of Bloud succed except they be chosen as in the Empire In Spain France and England the priviledges of Kings are far more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner For as touching Authority it seemeth that the Kings of Spain and France have greater than the King of England for that every Ordination of these two Kings is Law in it self without further approbation of the Commonwealth where no general Law can be made without consent of Parliament But in the other point of Succession it appeareth that the restraint is far greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and Bishops and States of the Realm as it is expresly set down in the two ancient Counsels of Tolledo the fourth and fifth In confirmation whereof we see at this day that the King of Spain's own Son cannot succeed nor be called Prince except he be first sworn by the said Nobility and States in token of their new consent and so we have seen it practiced in our days towards three or four of King Philip's Children which have succeeded the one after the other in the title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings Children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male. For which cause I doubt not but you remember how King Edward the third of England though he were Son and Heir unto a Daughter of France whose three Brethren were Kings and left her sole Heir to her Father King Philip the fourth surnamed the Fair yet was he put by the Crown as also was the King of Navar at the same time who was Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin King of France which King of Navar thereby seemed to be before King Edward of England but yet were they both put by it and Philip de Vallois a Brothers Son of Philip the Fair was preferred to it by general Decree of the States of France and by Verdict of the whole Parliament of Paris gathered about the same Affair Neither did it avail that the two Kings aforesaid alledged That it was against Reason and Conscience and Custom of all Nations to exclude Women from the Succession of the Crown which appertained to them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as appeareth by Example of all other Nations and in the Old Testament among the People of God it self where we see Women have been admitted unto Kingdoms by Succession But all this I say prevailed not with the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by descent of Bloud there be no question of her next propinquity for that she is the eldest Child of the last Kings eldest Sister The like Exclusion is made against the Prince of Lorrain that now liveth though he be a Man and Nephew to the last King for that his Title is by a Woman to wit his Mother that was younger Sister unto the last King Henry of France And albeit the Law called Salica by the French-men by virtue whereof they pretend to Exclude the Succession of Women be no very ancient Law as the French themselves do confess and much less made by Pharamond their first King or in those ancient times as others without ground do afirm yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same and to alter the course of natural descent and nearness of Bloud as we have seen and that the King of Navar and some other of his Race by vertue of this only Law do pretend at this day to be next in Succession to this goodly Crown though in nearness of Bloud they be farther off by many degrees from the last King Henry the third than either the foresaid Infanta of Spain or the Prince of Lorrain that now is who are Children of his
to handle the same again and more largely hereafter These Points toucheth Highington though divers other he leave untouched which are of much importance for the resolution as whether after the Line extinguished of King Henry the IV. which was the eldest son of John of Gaunt there should have entred the Line of Lady Philippa the eldest Daughter lawfully begotten of Blanch first Wife of John of Gaunt or else the race of John Earl of Somerset younger son by his third Wife which then was base-born but legitimated by Parliament for of Philip do come the Kings of Portugal and of John came King Henry the VII And again these Points had been to be disputed as well touching the Succession to the Dukedom of Lancaster alone as also to the Crown jointly all which Articles shall severally afterwards be handled in their places And thus much of this Book More than these four Books I have not seen written of this Affair though I have heard of one made in Flanders in the behalf of the Duke of Parma that is now who by his Mother descendeth of the same Line of Portugal that the King of Spain doth and as this Book pretendeth if we respect the ordinary course of English Laws in particular mens Inheritances he is to be preferred before the said King or any other of the House of Portugal for that his Mother descended of the younger Son and the King of the elder Daughter of the King of Portugal and albeit according to the Law of Portugal the King Was adjudged Next Heir to that Crown yet say they by our Laws of England he cannot be which after must be examined Thus saith that Book and he alledgeth many Reasons for the same as it hath been told me for as I said I never came to have a view of the whole Book but divers of his Arguments I have seen laid together which I shall afterwards in place convenient alledge unto you with the Answers Censures and Replies that the contrary Parties do make thereunto Divers other Papers Nots and Memories I have seen also said he as well touching the Succession of those whom I have named as of others for that Sir Richard Shelly who dyed some years ago in Venice by the name of Lord Prior of S. Johns of England had gathered divers Points touching these Affairs and many more than he had Mr. Francis Peto that dyed in Millain and was a very curious and well read man in Genealogies as may appear by sundry Papers that I have seen of his There want not also divers in England who have traveled much in this business and I have had the the perusing of some of their Labours though I dare not discover their names lest thereby I should hurt them which were not convenient But one great Trouble find I in them all that every man seeketh to draw the whole Water unto his own Mill and to make that Title always most clear whom he most favoureth and this with so great probability of Reason and Authority many times as it is hard to retain a mans consent from that which is said until he have read the Reasons of the other Party and this also is a great Proof of the wonderful ambiguity and doubtfulness which in this most important Affair is to be found And by the way also I had almost forgotten to tell you how that of late I have lighted upon a certain new Discourse and Treatise made in the behalf of the King of Spain's eldest Daughter whom he had by his Wife Isabel the eldest Sister of the last King of France which Isabel and her Daughter the Infanta of Spain called also Isabel are presumed to be the Lawful Heirs to the State of Britany and to all other States that by that means of Britany or otherwise by Women have come to France or have or may fall upon a Woman of the House of France as the States of England and other States thereunto annexed may for that they follow not the Law Salique of France And so this Treatise proveth that by divers ways and for sundry considerations this Princess of Spain is also of the Blood Royal of England and may among others be entituled to that Crown by a particular Title of her own besides the pretence which her Father the King or her Brother the Prince of Spain have for themselves by the House of Portugal all which Reasons and Considerations I shall alledge afterwards in their place and time or at least wise the chief and principal of them And to the end they may be understood the better as also the clearness and pretentions of all the rest that have interest in this Affair I shall first of all for a beginning and foundation to all the rest that shall or may be spoken hereafter set down by way of historical narration all the descents of our English Kings and Pretenders that be important to this our Purpose from the Conquest unto our time which being compared with the Tree it self of Genealogies that shall be added in the end of this Conference will make the matter more plain and pleasant to the Reader CHAP. II. Of the Succession of the Crown of England from the Conquest unto the time of King Edward the III. with the beginning of three principal Lineages of the English Bloud-Royal dispersed into the Houses of Britain Lancaster and York NO man is ignorant said the Lawyer how William the Conqueror came to the Crown of England which was indeed by dint of Sword though he pretended that he was chosen by the will and testament of King Edward the Confessor But howsoever this were his posterity hath endured untill this day and two and twenty Princes of his race have worn the English Crown after him for the space of more then five hundred years and how many more may yet do the same God only knoweth but if we follow probabillity we cannot want of them seeing his bloud is so dispersed over the World at this day as by this Declaration ensueing will appear This King William according to Polidor and other Chronicles of England had by his Wife Mathilda Daughter of Baldwin Earl of Flanders four Sons and five Daughters his eldest Son was Robert whom he left Duke of Normandy who was afterwards deprived of that Dukedom by his younger and fourth Brother Henry when he came to be King of England His second Son was Richard that dyed in his youth his third Son was William surnamed Rufus for that he was of red Hair and the fourth Son was Henry which two last Sons were both Kings of England one after the other as the World knoweth by the names of William the second and Henry the first The Conquerours Daughters were first Cecilie that was a Nun and the second Constantia that was Married to Alayn surnamed Fergant Duke of Britanie and the third was Adela or Alis Married to Stephen County Palatine of Bloys Champagne
which was not a little for the advancement of King Philip's Title before them both as presently shall be shewâ—d It was replied against this answer in the behalf of the Duke of Parma that the last King Sebastian entred the Crown by way of Representation and not by propinquity of Blood for that he was a degree further off in propinquity of Blood from King John the III. whom he succeeded than was the Cardinal for that he was but his Nephew to wit his Sons Son and the Cardinal was his Brother and yet was the said Sebastian admitted before the Cardinal for that he represented the Place and Right of his Father Prince John that dyed before he inherited and so we see that in this case Representation was admitted said they and in like manner ought it to be now To this it was said that Sebastian was not so much preferred before his great Uncle the Cardinal by vertue of Representation as for that he was of the right Descendant line of King John and the Cardinal was but of the collateral or transversal Line and that all Law alloweth that the right Line shall first be served and preferred before the Collateral shall be admitted so that hereby Representation is nothing furthered This exclusion of Representation did greatly further and advance the pretence of King Philip for the excluding of both these Ladies and their Issues for that supposing as this answer avoucheth that there is no Representation of Father or Mother or Predecessors to be admitted but that every pretender is to be considered only in his own person then it followeth said these men which plead for the King that King Philip being in equal degree of propinquity of Blood with the two Ladies in respect as well of King Henry yet living for that they were all three children of Brother and Sister it followeth that he was to be preferred before them both as well in respect that he was Man and they both Women as also for that he was elder in age and born before them both And albeit the Duke of Parma alledged that he was one degree further off from the foresaid Kings than was King Philip so as not respecting Representation of their Parents that is to say not considering at all that King Philip descended of a Woman and the two Dutchesses of a man but only especting their own persons as hath been declared these mâ—n avouched that King Philip's person was evidently to be preferred for that he was a degree nearer in Blood than the Duke of Parma and superior in sâ—x and age to the Lady Catharine of Bragansa Moreover the Lawyers of King Philip's side affirmed that he was nearer also in propinqâ—ity of blood to King Sebastian the last King than was the very King Cardinal himself and much more than any of the other two pretenders for that he was Brother to the said King Sebastian's Mother and the Cardinal was but Brother to his Grandfather And besides this they alledged that Portugal did belong to the Crown of Castil by divers other means of old as for that it could not be given away by Kings of Castil in Marriage of their Daughters as the principal parts thereof had been as also for that when King John the I that was a Bastard was made King of Portugal by Election of the People the Inheritance thereof did evidently appertain to King John of Castile that had to Wife the Lady Beatrix Daughter and Heir of Ferdinand King of Portugal from which Inheritance of that Crown by open injury both she and her Posterity whose Right is in King Philip at this day were debarred by the intrusion of the said John Master of Avis bastard brother of the foresaid King Ferdinand Thesâ— Reasons alledged divers Lawyers in the behalf of King Philip and those not only Spaniards but also of divers other Countries and Nations as my authors before-named do avow and many books wâ—â—â— written of this matter and when the contention was at the hotest then died the King Cardinal before he could decide the same controversy upon which occasion the King of Spain being perswaded that his Right was best and that he being a Monarch and under no temporal Judge was not bound to expect any other judgment in this Affair nor to subject himself to any other Tribunal but that he might by Force put himself in possession of that which he took to be his own if otherwise he could not have it delivered unto him for so write these Authors by me named seeing also Don Antonio to pretend the said Kingdom by only Favour of some popular party that he had in Lisbon the said King Philip entred upon Portugal by Force of Arms as all the World knoweth and holdeth the same peaceably unto the day And I have been the longer in setting down this contention about the Succession to the Crown of Portugal for that it includeth also the very same pretence and contention for the Crown of England For that all these Princes before-named may in like manner pretend the Succession of that Interest to the House of Lancaster and by that to the Crown of England which doth descend from Queen Philippa eldest Daughter of John of Gaunt Duke of Lancaster and Sister of King Henry the IV. as hath largely been declared And albeit that some men will sâ—y that this matter is now decided which of these Princes of the House of Portugal entreth also thereby to the other Right of Succession of England yet others will say no for that the Laws of Succession in Portugal and England be different For that in England Representation taketh places so as the children of the Son â—hough they be Women shall never be preferred before the Children of the Daughter though they be Men whereof these men do infer that seeing the Lady Philips Right before-mentioned to the Dukedom of Lancaster and thereby also to the Crown of England is to be preferred according to the Laws of England and not by the Laws of other Foreign Countries it followeth that the self same Right of Succession that is pretended at this day by the Princes of Portugal for succeeding the said Lady Philippa should be determined only by the Laws of England where Representation taketh place and not by the Laws of any other Nation Thus say they But against this others do alledge that the question is not here by what Law this pretence of the Blood Royal of Portugal to the Crown of England is to be tried but rather who is the true and next Heir and Successor unto King John the I. and to his Wife Queen Lady Philippa Heir of the House of Lancaster which two Princes were King and Queen of Portugal and their true Heir at this day hath the forenamed pretence to the Crown of England true and next Hâ—â—r being once known it little importeth by what Lâ—w he pretendeth his said Right to England whether by that of England or by
most of their Subjects over which they Governed and unto whom they were most strangers that is to say unto such as were furthest off from them to those did they use always most favours and gave them most priviledges as both Wisdom and Reason of State did require for that those people had most ability to rise against them and to rebell so as this circumstance of being Strangers hurted them nothing but rather profited them much The like Rule of Policy and of State have all great Monarchies used ever since that is to say to shew most Favour to such Subjects as be most strangers and farthest from them and on the contrary side if any be to be pressed more than others to press and burthen them most that be most natural and nearest home and most under and in subjection and surest to obey and this is evidently seen felt and practised by all the great States this day of the World so as it cannot be denied For if we look but into France we shall find that the States of Gascony and Guyene which are farthest off from the Court and were once strangers and gotten by force from the English do pay far less Tributes at this day to the French King than those that be of the Isle of France it self and are properly French and in like manner the Britons which came to that Crown by Marriage and were old enemies do pay much less yet than the Gascoyns and in a manner do pay nothing at all and the Normans do pay somewhat more than any of the two for that they do lie somewhat nearer to Paris and thereby are more in subjection to the Prince though yet they pay less than the natural French-men The Candians also which is an Island apart and standeth under the Venetians do not pay the third part of the Impositions as by my own information I learned when I travelled Italy that do the natural subjects of the Venetian state in Italy What shall I say of the Kingdoms and States of Naples Sicily and Millain subject to the King of Spain called the Alcavallâ— which is the tenth penny of all that is bought and sold nor are they subiect to the Inquisition of Spain at lâ—est Naples and Millain nor to many other Duties Tributes and Impositions which the natural Spaniard is subject unto nor is there any Law or Edict made in Spain that holdeth in those Countries except it be allowed ratified and confirmed by those States themselves nor may any of their old Priviledges be infringed but by their own consents and when the King requireth any extraordinary Subsidies in Spain they bear no part thereof Whereupon these men do ask what it hurteth these States that they are strangers or under Strangers or what priviledge is it to the Spaniard at home that he is only under his home-born King if if he he receive less benefits by that than doth the Stranger And is not the like also used by the State of England towards Ireland are not the Favours and Indulgences used towards the Civil Irish that live in peace much more than to the English themselves in England For first their Taxes and Payments be much less the Laws of England bind them not except they be allowed and received by their own Parliament in Ireland For matters of Religion they are pressed much less than home-born Subjects albeit their Affections to the Roman Religion be known to be much more universal than it is in England In all Criminal Affairs and punishing of Delicts the manner of proceeding against the Irish is much more remiss mild and gentle than with the Subjects of England so as their being strangers seems rather a Priviledg than an hindranc eunto them But in no other Countrey is this thing more evidently to be considered than in the States of Flanders and low Countries which by Inheritance as hath been said came to be under foreign Government but so much to their good and advancement and that in a very few years as scarce is credible except to him that understandeth their former state when they were under their home-born Princes and do compare it with that which after they came unto under the house of Austria united unto the Crown of Spain For before for many hundred years a man shall read nothing almost in their Histories but War Sedition and Blood-shed among themselves and this either one state with another before they were united together all under one Prince or else with the Kingdom of France of whom in those days they depended or else and this most of all against their own Princes of whom some have been so fierce and cruel unto them as they have shed infinit quantity of their Blood and among others I read of their Count de Luys that in one day he put to death five hundred of them by sentence of Justice in Bruxelâ—es and another day within the same year he caused about a thousand to be burned to death in a Church of the Town of Nevel besides his infinite others whom in divers Battels and Skirmishes he slew so as oftentimes the Countrey lay almost desolate through their domestical afflictions But now since the time that the States came to be under Philip the first Archduke of Austria and after King of Spain and so remained under his Son Charles the Emperour and his Nephew Philip the II. that now liveth until the late Troubles and Rebellions which was about the space of fifty years that they so continued in Peace before their Rebellion it is almost incredible how those States increased in wealth peace and dignity so that as Guycâ—â—rdine the Italian Historiographer noteth in his description of those Countries the whole Wealth and Riches of the World seemed to flow thither and I my self can remember to have seen such exceeding abundance in very ordinary men of this Countrey both for their Diet Apparel Furniture of House and the like as was wonderful besides that for their Nobility they were all great Princes for that every one had his Province or great Town in Government which they ruled with that Pomp and Honour as if they had been Absolute Lords themselves by reason of the far distance of their Supream Prince and so they were received with publick Honour of all Cities and Towns and their Charges Born wheresoever they passed as such High Estates wont to be And albeit they had ever commonly a Stranger for Supream Governour among them under their King which bare the name to be above them yet did he indeed nothing but as they would have him and this partly for that his time of Goverment being but short he always attended principally to get the good wills of the people and to hold them contenâ—ed and thereby to be grateful to his King at his return home and partly also for that if he should attempt to do any thing against their Minds and liking they
in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdoms of Israel and Spain Chap. 7. f 113. Of divers other examples out of the States of France and England for proof that the next in bloud are sometimes put back from succession and how God hath approved the same with good success Chap. 8. f. 132. What are the principal points which a Commonwealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diversity of Religions and other such Causes Chap. 9. f. 158. The CONTENTS of the second Book Tâ—â— Preface with the intention and protestation of the Lawyer to treat this matter without the hurt or prejudice of any 〈◊〉 divers 〈◊〉 and treatises that have been written heretofore 〈◊〉 the 〈◊〉 of such as pretend to the Crown of England and 〈◊〉 they do contain in favour or disfavour of divers pretenders Chaâ— 1. â—ol 1. Of the Succession of the Crown of England from the conquest 〈◊〉 other 〈…〉 the III. with the begnning of three principal lineages of the English bloud Royal dispersed into the House of Britany Lancaster and York Chap. 2. f. 10. Of the Succession of English Kings from King Edward the III. unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared Chap. 3. f 3â—0 Of the great and general controversie and contention between the said two Houses Royal of Lancaster and York and which of tâ—â—m may sâ—â—m to have had the better right to the Crown by way of 〈◊〉 Chap. 4 f. 44. Of 〈◊〉 principal and particular houses of lineages that do or â—ay pretend to the Crown of England at this day which are the House of Scotland of 〈◊〉 of Clarence of Britanny and of Portâ—â—â—l and first of all the causes of Scotland which containeth the pretentions of the King of Scots and of the Lady Arabella Chaâ— 5. f. â—â— Of the 〈◊〉 of â—uffâ—lk containing the claims as well of the Counteâ—â— of Dariâ— â—nd of her Children as also of the Children of the Earl of 〈…〉 6 f. 101. Of the House of 〈…〉 and Britany which containeth the claims of the Earl of Hâ—â—â—â—â—gton and of the Lady Infanta of Spain and others of these two Families Chap. 7. f. 110. Of the House of Portugal which containeth the â—laimâ— as well of the King and Prince of Spain to the Succession of England as also of the Duâ—â— of Parma and Brâ—gaâ—sâ— by the House of Lancaster Chap. 8. f. 1â—4 Whether it be better to be 〈◊〉 a forrain or home-born Prince and whether under great an â—â—â—ghty Monarch or under a little 〈…〉 Chap. 9. f. 150 Of â—ertâ—â—n other secondary or collateral lines and how extreme dâ—ubâ—fâ—ll all the pretences â—e and which of all these pâ—enders are must like by probability to prevail in the end and to get the Crown of England Chap. 10. f. 113. The Preface containing the occasion of this Treatise with the subject purpose and parts thereof THere chanced not long ago I mean in the months of April and May of this last year 93. to meet in Amsterdam in Holland certain Gentlemen of divers Nations qualities and affections as well in Religion as otherwise yet the most part English and Irish and they had been in divers Countries studied different Arts and followed unlike professions some of Soulders some of Lawyers both Temporal and Civil others of meer travellers to learn experience and policy And for that the advice which daily came from England at that time the Parliament being then in hand gave occasion to discourse of English affairs they fell into divers points concerning the same but yet none was treated so largely or so seriously as was the matter of succession and competitors to the Crown for that it was presumed a great while that some thing would be determined thereof in that Parliament though one or two of the wisest of that company held ever the contrary opinion But when at length news was brought that nothing at all had been done therein but rather that one or two as was reported had been checked or committed for speaking in the same then came it in question among the Gentlemen what should be the cause of such proceeding in a matter so weighty and so necessary for all English men to know But two Gentlemen Lawyers of the company one of the common Law and the other a Civilian alledged so many reasons for justifying the Queens Majesties doings in this behalf as all did seem satisfied for that it was made plain that it could not stand with the safety either of Her Majesty or of the Realm or of the party himself who should be preferred that any declaration of Heir apparent should be made during the life of Her Majesty that now is how dangerous soever the delay thereof may be esteemed for the time to come And so the end of this Speech brought in presently the beginning of another to wit what were like to be these dangers and who might be likest of the pretenders to prevail after Her Majesty about which matter there was much discoursed by divers Parties but the conclusion of all was that both these points remained very doubtful but much more the second who should prevail of the competitors which they said did make the former point less doubtful of the multitude of dangers that thereby did hang over the Commonwealth of England though it wanted not doubt also in particular what and where they should fall for said they wheresoever many pretenders of the bloud Royal are known to be competitors to a Crown there cannot chuse but many perils also must be imminent to the Realm To this one of the company said that he did not see how there could be either so many pretenders to the Crown as the day before had been spoken of in that place for the Common Lawyer before named newly come out of England had told them that he had heard of some 9. or 10. or more Plots that were debated within the Realm for so many pretenders or if there were any such great number descended of the Bloud Royal yet their titles could not be so doubtful seeing it was an easie matter to discern who was next in discent of bloud and who not Not so easie quoth this Gentleman Lawyer for that although it cannot be denied but that there is among all such as may pretend at this day a certain known order and degree of nearness in bloud to some King or Queen that hath possessed the Crown before them and in this discent it is known also commonly who descendeth of the elder house and who of the younger and other such like vulgar circumstances yet notwithstanding for that there be many other points considerable in this affair as the right of the first stock whereof each part doth spring the disableing of the same stock afterwards by attainders or otherwise the
voce loquerentur Laws were invented to the end they should speak in one and the self-same sense to all men For which very reason in like manner these Laws have been called by Phylosophers a Rule or Square inflexible and by Aristotle in particular a mind without passion as hath been said but the Prophet David who was also a Prince and a King seemeth to call it by the name of Discipline for that as Discipline doth keep all the parts of a Man or of a particular House in order so Law well ministred keepeth all the parts of a Commonwealth in good order and to shew how severely God exacteth this at all Princes hands he saith these words And now learn ye Kings and be instructed you that judge the World Serve God in fear and rejoyce in him with trembling embrace ye Discipline lest he enter into wrath and so ye perish from the way of Righteousness Which words being uttered by a Prophet and a King do contain divers points of much consideration for this purpose As first that Kings and Princes are bound to learn Law and Discipline and secondly to observe the same with great humility and fear of God's wrath and thirdly that if they do not they shall perish from the way of Righteousness as though the greatest plague of all to a Prince were to lose the way of Righteousness Law and Reason in his Government and to give himself over to passion and his own will whereby they are sure to come to Shipwrack And thus much for the first help The second help that Commonwealths have given to their Kings and Princes especially in latter Ages hath been certain Counsels and Counsellors with whom to consult in matters of importance as we see the Parliaments of England and France the Courts in Spain and Dyets in Germany without which no matters of moment can be concluded And besides this commonly every King hath his Privy-Councel whom he is bound to hear and this was done to temper somewhat the absolute form of a Monarchy whose danger is by reason of his sole Authority to fall into Tyranny as Aristotle wisely noteth in his fourth Book of Politicks shewing the inconvenience or dangers of Government which is the cause that we have few or no simple Monarchies now in the world especially among Christians but all are mixt lightly with divers points of the other two forms of Government also and namely in England all three do enter more or less for in that there is one King or Queen it is a Monarchy in that it hath certain Counsels that must be heard it participateth of Aristocratia and in that the Commonalty have their Voices and Burgesses in Parliament it taketh part also of Democratia or popular Government All which limitations of the Princes absolute Authority as you see do come from the Common-wealth as having Authority above their Princes for their restraint to the good of the Realm as more at large shall be proved hereafter From like Authority and for like Considerations have come the limitations of other Kings and Kingly power in all times and Countries from the beginning both touching themselves and their Posterity and Successors as briefly in this place I shall declare And first of all if we will consider the two most renowned and allowed States of all the World I mean that of the Romans and Grecians we shall find that both of them began with Kings but yet with far different Laws and Restraints about their Authorities For in Rome the Kings that succeeded Romulus their first Founder had as great and absolute Authority as ours have now adays but yet their Children or next in Bloud succeeded them not of necessity but new Kings were chosen partly by the Senate and partly by the People as Titus Livius testifieth so as of three most excellent Kings that ensued immediately after Romulus viz. Numa Pompilius Tullius Hostilius and Tarquinus Priscus none of them were of the Bloud-Royal nor of Kin the one to the other no nor yet Romans born but chosen rather from among strangers for their Vertue and Valour and that by election of the Senate and consent of the People In Greece and namely among the Lacedemonians which was the most eminent Kingdom among others at that time the succession of Children after their Fathers was more certain but yet as Aristotle noteth their Authority and Power was so restrained by certain Officers of the people named Ephori which commonly were five in number as they were not only checked and chastned by them if occasion served but also deprived and sometimes put to death For which cause the said Phylosopher did justly mislike this eminent Jurisdiction of the Ephori over their Kings But yet we see hereby what Authority the Commonwealth had in this case and what their meaning was in making Laws and restraining their Kings Power to wit thereby the more to bind them to do Justice which Cicero in his Offices uttereth in these words Justitiae fruendae causa apud majores nostros in Asia in Europa bene moraâ—i reges olim sunt constituti c. at cum jus aequabile ab uno viro homines non consequerentur inventae sunt leges Good Kings were appointed in old time among our ancestors in Asia and Europe to the end thereby to obtain Justice but when men could not obtain equal Justice at one mans hands they invented Laws The same reason yieldeth the same Phylosopher in another place not only of the first Institution of Kingdoms but also of the change thereof again into other Governments when these were abused Omnes antiquae gentes regibus quondam paruerunt c. That is All old Nations did live under Kingdoms at the beginning which kind of Government first they gave unto the most just and wisest men which they could find and also after for love of them they gave the same to their Postesity or next in Kin as now also it remaineth where Kingly Government is in use But other Countries which liked not that form of Government and have shaken it off have done it not that they will not be under any but for that they will not be ever under one only Thus far Cicero and he speaketh this principally in defence of his own Commonwealth I mean the Roman which had cast off that kind of Government as before hath been said for the Offence they had taken against certain Kings of theirs and first of all against Romulus himself their first Founder for reigning at his pleasure without Law as Titus Livius testifieth for which cause the Senators at length slew him and cut him in small pieces And afterwards they were greatly grieved at the entring of Servius Tullius their sixth King for that he got the Crown by fraud and not by election of the Senate and special approbation of the People as he should have done But most of all they
rather that his Law is his own will as by the Words of the Prophet may appear and much less may the Commonwealth Chastise or Deprive him for exceeding the Limits of Law or doing his will seeing that herein this place God doth foretel that Princes oftentimes shall commit excesses and injuries and yet doth he not therefore will them to Chasten or Depose them for the same but rather insinuateth that they must take it patiently for their Sins and cry to God for remedy and help therein though he do not at the first hearken to them or grant their redress Hitherto the Temporal Lawyer Whereunto answered the Civilian that he confessed that Belloy and others his Companions that Wrote in flattery of Princes in these our days did not only affirm these things that the Temporal Lawyer had aledged and that Princes were Lawless and Subject to no accompt reason or correction whatsoever they did but also which is yet more absurd and pernicious to all Commonwealths that all Goods Chattels Possessions and whatsoever else commodities Temporal of the Commonwealth are properly the Kings and that their Subjects have only the use thereof without any propriety at all so as when the King he may take it from them by right without injustice or injury which assertions do overthrow wholly the very nature and substance of a Commonwealth it self For first to say that a King is Subject to no Law or Limitation at all but may do what he will is against all that I have alledged before of the very Institution of a Commonwealth which was to live together in Justice and Order and as I shewed out of Cicero speaking of the first Kings Justicia fruendae causa bene morati Reges olim sunt constituti For enjoying of Justice were Kings appointed in old time that were of good life but if they be bound to no Justice at all but must be born with and obeyed be they never so Wicked then is this end and butt of the Commonvvealth and of all Royal Authority utterly frustrate Then may we set up publick Murderers Ravishers Thieves and Spoylers to devour us in stead of a King and Governours to defend us for such indeed are Kings that follow no Law but Passion and Sensuality and do commit injustice by their publick Authority And then finally were all those Kings before mentioned both of the Jews Gentiles and Christians unlawfully deprived and their Successors unlawfully put up in their places and consequently all Princes living in Christianity at this day who are descended of them are intruders and no Lawful Princes By the second saying also that all Temporalities are properly the Princes and that Subjects have only the use thereof without any interest of their own no less Absurdities do follow then of the former assertion For that first it is against the very first principle and foundation of our Civil Law which at the first entrance and beginning maketh this division of goods That some are common by nature to all Men as the Air the Sea and the like others are publick to all of one City or Countrey but yet not common to all in general as Rivers Ports and other such Some are of the Community of a City or Commonwealth but yet not common to every particular Person of that City as common Rents Theaters the publick Houses and the like Some are of none nor properly of any mans goods as Churches and sacred Things And some are proper to particular Men as those which every Man possesseth of his own Which division of Justinian the Emperour and his most learned Lawyers is not good if the Prince be Lord Proprietor of all Nay he that made this Division being Emperour did great injury also to himself in assigning that to others which by the opinion of Belloy and his Fellows was properly and truly his own in that he was Emperour and Lord of the World Besides all this so absurd a saying is this as it overthroweth the whole nature of a Common-wealth it self and maketh all Subjects to be but very slaves For that Slaves and Bond men as Aristotle saith in this do differ from Free-men that Slaves have only the use of things without Property or Interest and cannot acquire or get to themselves any Dominion or true Right in any thing for that whatsoever they do get accrueth to their Master and not to themselves And for that the condition of an Ox or an Ass is the very same in respect of a poor man that hath no Slave for that the Ox or Ass getteth nothing to himself but only to his Master and can be Lord of nothing of that for which he laboureth For this cause also wittily said Aristotle That Bos aut Asinus pauperi Agricolae pro servo est an Ox or an Ass is to a poor Husbandman instead of a Bond-man And so seeing that Belloy will needs have the state and condition of all Subjects to be like unto this in respect of their Prince and that they have nothing in propriety but only the use and that all Dominion is properly the Prince's What doth the other then make all Subjects not only Slaves but also Oxen and Asses and pecora campi Last of all for I will not over-load you with reasons in a matter so evident if all Subjects Goods be properly the Kings why then was Ahab and Jezebel King and Queen of Israel so reprehended by Elisha and so punished by God for taking away Naboth's Vineyard seeing they took but that which was their own Nay why was not Naboth acoused of Iniquity Rebellion and Treason for that he did not yield up presently his Vineyard when his Sovereigns demanded the same seeing it was not his but theirs Why do the Kings of England France and Spain ask money of their Subjects in Parliaments if they might take it as their own Why are those Contributions termed by the Names of Subsidies Helps Benevolences Lones Prests Contributions and the like if all be due and not voluntary on the Subject's part How have Parliaments oftentimes denied to their Princes such helps as they demanded Why are there Judges appointed to determine matter of Suits and Pleas between the Prince and his Subjects if all be his and the Subject have nothing of his own And last of all why doth the Canon-law which is part also of my profession and received in most Countries of the World so straitly inhibit all Princes upon pain of Excommunication to impose new Impositions and Taxes upon their people without great consideration and necessity and free consent of the Givers if all be the Princes and nothing of the Subjects Nay why be all Princes generally at this day prohibited to alienate any thing of their own Crown without consent of their people if they only be Lords of all and the people have interest in nothing And hereby also we may gather what the Prophet Samuel
any Crown before he be Crowned or admitted by the Commonwealth To the First I say that to Succession alone or priority of Bloud only great honour reverence and respect ought to be born as before hath been declared for that it is the principal circumstance condition which leadeth us to the next Succession of the Crown infallibly without all strife If his propinquity be clear and evident and that other necessary circumstances and conditions do concurr also in the same person which conditions were appointed and set down at the same time and by the same authority that this Law of Succession was established for that both the one and the other of these two Points were ordained by the Commonwealth to wit that the Elder and First in Bloud should succeed and that he should be such a person as can and will Govern to the Publick Weal of all as often and largely before hath been avouched and proved To the second Question I answer That an Heir apparent to a Crown before his Coronation and Admission by the Realm if he have the Conditions before-required hath the same Interest to the Kingdom which the King of Romans or Caesar hath to the German Empire after his Election and before he be Crowned And to use a more familiar Example to Englishmen as the Mayor of London hath to the Mayoralty after he is chosen and before he be admitted or have taken his Oath For as this man in rigour is not truly Mayor nor hath his Jurisdiction before his Oath and Admission nor the other is properly Emperour before he be Crowned so is not an Heir apparent truly King though his Predecessor be dead and he next in Succession untill he be Crowned or Admitted by the Commonwealth Another Example is there in Marriage also whereby our matter is made more plain for in this Contract go both the Betrothing and actual Joining together of the Parties in Wedlock the First is done by words de futuro or for the time to come and is not properly Marriage but Espousal only The other is by words de praesenti that is by mutual present consent given of both Parties and this second is only and properly true Marriage which two points are expresly represented in the state of an Heir apparent and of a Crowned King for that the Heir apparent by propinquity of Bloud is only espoused or betrothed to the Commonwealth for the time to come and is married afterwards by present mutual consent of both Parties in the Contract and knitting up of the matter at his Coronation by the Oaths which either part maketh the one to take the other and by putting on the Ring and other Wedding garments before-mentioned in their Coronations by all which the Heir apparent which was but Espouse is made now the true King and Husband of the Commonwealth which before he was not by only Succession but only a betrothed Spouse or designed King as hath been declared Wherefore it followeth also that the Common-wealth oweth no allegiance or subjection unto the Heir apparent in rigour of Justice until he be Crowned or Admitted though his Predecessor be dead for that in very deed until that time he is not the true King and Soveraign though for better keeping of Order and avoiding of Tumults all Commonwealths lightly that have their Princes by Succession have ordained in these latter Ages that from the death of the former Princes all matters of Government shall pass in the Name of his next Successor if his Succession be clear and this as I say for avoiding of Garboils and under supposal of Confirmation and Approbation afterwards of the Commonwealth at his Coronation for which cause also and for better account of years it was ordained that the beginning of the Successors Reign should be reckoned from the day of the death of his predecessor and not from the day of his Coronation as otherwise in rigour it ought to be and as in old time it was accustomed to be as Gerard Secretary and Chronicler of France to wit that Kings in old time were wont to account the years of their Reigns from the day only of their Anointing and Coronation This point also that Heirs apparent are not true Kings until their Coronation how just soever their Title of Succession otherwise be and though their Predecessors be dead it might be confirmed by many other Arguments but especially and above all others for that the Realm is asked again three times at their Coronation Whether they will have such a man to be King or not as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the Forms and different manners of Coronations before-recited that after the Prince hath sworn divers times to Govern well and justly then do the Subjects take other Oaths of Obedience and Allegiance and not before which argueth that before they were not bound unto him by Allegiance and as for the Princes of England it is expressly noted by English Historiographers in their Coronations how that no Allegiance is due unto them before they be Crowned and that only it happened to Henry the Fifth among all other his Predecessors to have this Priviledge and this for his exceeding towardliness and for the great affection of the People towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Henricus facto Patris funere concilium Principum apud Westmonasterium convocandum curat in quo dum de Rege creando more majorum agitabatur esse tibi continuo aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae â—fficium nulli antea priusquam Râ—x renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spem omnibus optimae indolis â—ecit Which in English is this Prince Henry after he had finished his Father's Funerals caused a Parliament to be gathered at Westminster where whilst Consultation was had according to the antient Custom of England about creating a new King behold upon the sudden certain of the Nobility of their own Free wills began to swear Obedience and Loyalty unto him which demonstration of Love and Good-will is well known that it was never shewed to any Prince before until he was declared King so great was the hope that men had of the Towardliness of this Prince Henry even from his tender age thus far Polidor in his Story of England And the very same thing expresseth John Stow also in his Chronicle in these words To this Noble Prince by assent of the Realm after three days offered to do Fealty before he was Crowned or had solemnized his Oath well and justly to Govern the Common-wealth which offer before was never found to be made to any Prince of England Thus much Stow In whose Narration as
Stow that he had all mens Good-will and was Crowned as his Brother had been at Kingston by Odo Arch-bishop of Canterbury and Reigned nine years with great good will and praise of all men He dyed at last without Issue and so his Elder Nephew Edwin was admitted to the Crown but yet after four years he was deposed again for his lewd and vitious Life and his younger brother Edgar admitted in his place in the year of Christ 959 This King Edgar that entred by deposition of his Brother was one of the rarest Princes that the World had in his time both for Peace and War Justice Piety and Valour Stow saith he kept a Navy of three thousand and six hundred Ships distributed in divers Parts for defence of the Realm Also that he built and restored 47 Monasteries at his own Charges and did other many such Acts he was Father to King Edward the Martyr and Grandfather to King Edward the Confessor though by two different Wives for by his first Wife named Egilfred he had Edwarâ— after martyrized and by his second Wife Alfred he had Etheldred Father to Edward the Confessor and to the end that Etheldred might Reign his Mother Alfred caused King Edward the son of Egilfred to be slain after King Edgar her Husband was dead After this so shameful Murther of King Edward many good men of the Realm were of opinion not to admit the Succession of Etheldred his half Brother both in respect of the Murther of King Edward his elder Brother committed for his sake as also for that he seemed a man not fit to Govern and of this opinion among others was the Holy man Dunston Archbishop of Canterbury as Polidor saith who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldred's side he foretold them that it would repent them after and that in this man's Life the Realm should be destroyed as indeed it was and he ran away to Normandy and left Sweno and his Danes in possession of the Realm though afterwards Sweno being dead he returned again and dyed in London This Etheldred had two Wives the first Ethelgina an English Woman by whom he had Prince Edmund sirnamed Ironside for his great strength and valour who succeeded his Father in the Crown of England for a year and at his death left two Sons which after shall be named and besides this Etheldred had by his first Wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma Sister to Richard Duke of Normandy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William so as Emma was great Aunt to this William and she bare unto King Etheldred two Sons the First Edward who was afterwards named King Edward the Confessor Alerud who was slain traiterously by the Earl of Kent as presently we shall shew After the death also of King Etheldred Queen Emma was married to the Dane King Canutus the first of that name sirnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Son named Hardicaâ—utus who Reigned also in England before King Edward the Confessor Now then to come to our Purpose he that will consider the passing of the Crown of England from the death of Edmond Ironside elder Son of King Etheldred until the possession thereof gotten by William Duke of Normandy to wit for the space of 50 years shall easily see what authority the Commonwealth hath in such Affairs to alter titles of Succession according as publick necessity or utility stall require for thus briefly the matter passed King Etheldred seeing himself too weak for Sweno the King of Danes that was entred the Land fled with his Wife Emma and her two children Edward and Alerud unto her Brother Duke Richard of Normandy and there remained until the death of Sweno and he being dead Etheldred returned into England made a certain Agreement and Division of the Realm between him and Canutus the son of Sweno and so dyed leaving his eldest Son Edmond Ironside to succeed him who soon after dying also left the whole Realm to the said Canutus and that by plain Covenant as Canutus pretended that the Longest Liver should have all whereupon the said Canutus took the two Children of King Edmond Ironside named Edmond and Edward and sent them over into Sweedland which at that time was subject also unto him and caused them to be brought up honourably of which Two the Elder named Edmond dyed without issue but Edward was married and had divers Children as after shall be touched Etheldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parliament and Consent of the Realm and Crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King went to Rome and was allowed by that See also He did many Works of Charity shewed himself a good Christian and very loving and kind to Englishmen married Queen Emma an Englishwoman and Mother to King Edward the Confessor and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had Reigned twenty Years though his entrance and Title was partly by Force and partly by Election as before you heard After this Canutus the First sirnamed the Great for that he was King jointly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford to consult whom they should make King and at last by the more part of Voices was chosen Herauld the first Son of Canutus by a Concubine by which Election we see injury was done to the Lineal Succession of three Parties first to the Sons of King Edmond Ironside that were in Sweedland then to the Princes of Edward and Alerud Sons to King Etheldred and Brothers to Ironside that were in Normandy and thirdly to Hardicanutus Son to Canutus by his Lawful Wife Emma to whom it was also assured at her Marriage that her Issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within three years after his Election there came from Denmark Hardicanutus to claim the Crown that his Father and Brother had possessed before him of whose Coming Polidor saith libentissimis animis accipitur communique omnium consensu Rex dicitur He was received with great good-will of all and by common Consent made King and this was done by the States without any respect had of the Succession of those Princes in Normandy and Swedeland and who by birth were before him as hath been shewed and this is the second breach of Lineal Descent after Etheldred
But this Hardicanutus being dead also upon the sudden at a certain Banquet in Lambeth by London without issue within two years after his Coronation the States of the Realm had determined to chuse Aludred for their King who was younger Brother to Edward and for that cause sent for him out of Normandy as Polidor recounteth and had made him King without all doubt for that he was esteemed more Stirring and Valiant than his elder Brother Edward had not Earl Goodwin of Kent fearing the young man's stomach raised a strong Faction against him and thereupon also caused him to be traiterously murthered as he passed through Kent towards London nor had the State herein any respect to Antiquity of Bloud for that before Alfred were both his own elder Brother Prince Edward who after him was chosen King and before them both were Edmond and Edward the Children of their elder Brother Edmond Ironside as hath been said and this is the third Breach of Lineal Descent But this notwithstanding Alured being slain Prince Edward was made King tanta publica laetitta saith Polidor ut certatim pro ejus saelici Principatu cuncti vot a facerent That is He was made King with such universal joy and contentment of all men as every man contended who should pray and make most Vows to God for his happy Reign And according to this was the Success for he was a most Excellent Prince and almost miraculously he Reigned with great Peace and void of all War at home and abroad for the space of almost twenty years after so infinit Broils as had been before him and ensued after him and yet his Title by Succession cannot be justified as you see for that his eldest Brothers Son was then alive to wit Prince Edward sirnamed the Outlaw who in this Kings Reign came into England and brought his Wife and three lawful Children with him to wit Edgar Margaret and Christian but yet was not this good King Edward so scrupulous as to give over his Kingdom to any of them or to doubt of the Right of his own Title which he had by Election of the Commonwealth 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 all it seemeth they excluded him that was only Next by Propinquity in Bloud which was Edgar Adelin Son to the said Prince Edward the Outlaw now departed and Nephew to King Edmond Ironside and the reason of this exclusion is alledged by Polidor in these words is puer id aetatis nondum regno gubernando maturus erat That is he being a Child of so small-years was not ripe enough to Govern the Kingdom And then he saith that Harald Son of Earl Goodwin by the Daughter of Canutus the First proclaimed himself King and moreover he addeth Non displicuit omnino id factum populo qui plurimum sâ—ei in Haraldi virtute habebat itaque more majorum sacratus est which is This fact of Harald displeased not at all the People of England for that they had great hope in the vertue of this Harald and so was he Anointed and Crowned according to the Fashion of the antient Kings of England By which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the fourth Breach of Succession at this time But in the mean space William Duke of Normandy pretended that he was chosen before by King Edward the Confessor and that the Realm had given their consent thereunto and that King Edward left the same testified in his last Will and Testament and albeit none of our English Authors do avow the same clearly yet do many other foreign Writers hold it and it seemeth very probable that some such thing had past both for that Duke William had many in England that did favour his Pretence at his entrance as also as Gerard in his French Story saith that at his first Coming to London he punished divers by name for that they had broken their Oaths and Promises in that behalf And moreover it appeareth that by alledging this Title of Election he moved divers Princes abroad to favour him in that Action as in a just Quarrel which is not like they should have done if he had pretended only a Conquest or his Title of Consanguinity which could be of no importance in the World for that effect seeing it was no other but that his Grandfather and King Edward's Mother were Brother and Sister which could give him no pretence at all to the Succession of the Crown by Bloud and yet wee see that divers Princes did assist him and among others the French Chronicler Gerard so often named before writeth that Alexander the second Pope of Rome whose Holiness was so much esteemed in those days as one Constantinus Afer wrot a Book of his Miracles being informed by Duke William of the Justness of his pretence did send him his Benediction and a precious Ring of Gold with an Hallowed Banner by which he got the Victory thus writeth Gerard in his French Chronicles and Antoninus Archbishop of Florence sirnamed Sainct writing of this matter in his Chronicles speaketh great good of William Conquerour and commendeth his Enterprize But howsoever this was the Victory we see he got and God prospered his Pretence and hath confirmed his Off-spring in the Crown of England more than 500. Years together So as now accounting from the the death of King Edmond Ironside unto this man we shall find as before I have said in less than 50 Years that 5. or 6. Kings were made in England one after another by only Authority and Approbation of the Commonwealth contrary to the ordinary Course of Lineal Succession by Propinquity of Blood And all this is before the Conquest but if we should pass any further down we should find more Examples than before For First the two Sons of the Conquerour himself that succeeded after him to wit William Rufus and Henry the I. were they not both younger Brothers to Robert Duke of Normandy to whom the most part of the Realm was inclined as Polydor saith to have given the Kingdom presently after the Conquerours death as due to him by Succession notwithstanding that William for particular displeasure against his elder Son had ordained the contrary in his Testament But that Robert being absent in the War of Hierusalem the Holy and Learned man Laufranke as he was accounted then Archbishop of Canterbury being deceived with vain hope of William Rufus's good nature perswaded them the contrary who was at that day of high Estimation and Authority in England and so might induce the Realm to do what he liked By like means got Henry his younger Brother the same Crown afterwards to wit by fair Promises to the
People and by help principally of Henry Newborow Earl of Warwick that dealt with the Nobility for him and Maurice Bishop of London with the Clergy for that Anselm Archbishop of Canterbury was in banishment Besides this also it did greatly help his cause that his elder Brother Robert to whom the Crown by right appertained was absent again this second time in the War of Jerusalem and so lost thereby his Kingdom as before Henry having no other Title in the World unto it but by Election and Admission of the People which yet he so defended afterwards against his said Brother Robert that came to claim it by the Sword and God did so prosper him therein as he toâ—k his said elder Brother Prisoner and so kept him for many Years until 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 Emperour Henry the V. he dyed without issue and then was she married again the second time to Geffry Plantagenet Earl of Anjow in France to whom she bare a Son named Henry his Grandfather caused to be declared for Heir Apparent to the Crown in his Days but yet after his decease for that Stephen Earl of Bollogne born of Adela Daughter to William the Conquerour was thought by the State of England to be more fit to Govern and to defend the Land for that he was at Mans age then was Prince Henry a Child of Maude his Mother he was 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 Glassenbury and others who thought belike they might do the same with good Conscience for the good of the Realm though the event proved not so well for that it drew all England into Factions and Divisions for avoiding and ending whereof the States some Years after in a Parliament at Walâ—ingford made an agreement that Stephen should be Lawful King during his Life only and that Henry and his Off-spring should succeed him and that Prince William King Stephen's Son should be deprived of his Succession to the Crown and made only Earl of Norfolk thus did the State dispose of the Crown at that time which was in the Year of Christ 1153. To this Henry succeeded by Order his Eldest son then living named Richard and sirnamed Cordelyon for his Valor but after him again the Succession was broken For that John King Henry's youngest Son to wit younger Brother to Richard whom his Father the King had left so unprovided as in jest he was called by the French Jean sens terre as if you would say S r John Lacke Land This man I say was after the death of his Brother Admitted and Crowned by the States of England and Arthur Duke of Britain Son and Heir to Geffery that was elder brother to John was against the ordinary course of Succession excluded And albeit this Arthur did seek to remedy the matter by War yet it seemed that God did more defend this Election of the Commonwealth than the right Title of Arthur by Succession for that Arthur was overcome and taken by King John though he had the King of France on his side and he dyed pitifully in prison or rather as most Authors do hold he was put to death by King John his Uncles own hands in the Castle of Roan thereby to make his Title of Succession more clear which yet could not be for that as well Stow in his Chronicle as also Matthew of Westminster and others before him do write that Geffrey besides this Son left two Daughters also by the Lady Constance his Wife Countess and Heir of Britaine which by the Law of England should have succeeded before John but of this small account seemed to be made at that day Some years after when the Barons and States of England misliked utterly the Government and proceeding of this King John they rejected him again and chose Luys the Prince of France to be their King and did swear Fealty to him in London as before hath been said and they deprived also the young Prince Henry his Son that was at that time but eight years old but upon the death of his Father King John that shortly after insued they recalled again that sentence and admitted this Henry to the Crown by the name of King Henry the III. and disanulled the Oath and Allegiance made unto Luys Prince of France and so King Henry Reigned for the space of 53. years afterwards the longest Reign as I think that any before or after him hath had in England Moreover you may know that from this King Henry the third do take their first beginning the two branches of York and Lancaster which after fell to so great contention about the Crown Into which if we would enter we should see plainly as before hath been noted that the best of all their titles after the deposition of King Richard the second depended on this authority of the Commonwealth for that as the People were affected and the greater part prevailed so were their titles either allowed confirmed altered or disanulled by Parliaments and yet may not we well affirm but that either part when they were in possession and confirmed therein by these Parliaments were lawful Kings and that God concurred with them as with true Princes for Government of their People For if we should deny this point as before hath been noted great inconveniencis would follow and we should shake the States of most Princes in the World at this day as by examples which alreay I have alledged in part may appear And with this also I mean to conclude and end this discourse in like manner affirming that as on the one side propinquity of Bloud is a great preheminence towards the attaining of any Crown so yet doth it not ever bind the Commonwealth to yield thereunto if weightier Reasons should urge them to the contrary neither is the Commonwealth bound always to shut her Eyes and to admit at hap-hazard or of necessity every one that is next by Succession of Bloud as Belloy falsly and fondly affirmeth but rather she is bound to consider well and maturely the Person that is to enter Whether he be like to perform his duty and charge committed unto him or no for that otherwise to admit him that is an enemy or unfit is but to destroy the Common-wealth and him together This is my opinion and this seemeth to me to be conform to all Reason Law Religion Piety Wisdom and Policy and to the use and custom of all well governed Common-wealths in the World Neither do I mean hereby to prejudice any Princes pretence or Succession to any Crown or Dignity in the World but rather do hold that he ought to enjoy his Preheminence but yet so that he be not prejudiciae thereby to the whole
and Nobles of the Royal Blood of England to all which by Law of Nature Equity and Reason he said that he bare reverent honour and respect and to discuss their several Pretentions Rights Interests and Titles to the Crown he said that his meaning was not to offend hurt or prejudicate none nor to determin any thing resolutly in favour or hinderance of any of their Pretences or Claims of what Side Family Faction Religion or other Party soever he or she were but rather plainly and indifferently without hatred or partial affection to or against any to lay down sincerely what he had heard or read or of himself conceived that might justly be alledged in favour or disfavour of every Titler And so much the rather he said that he would do this for that in very truth the Civilians speech had put him in a great indifferency concerning matter of Succession and had taken out of his Head many scrupulosities about nice Points of Nearness in Blood by the many Examples and Reasons that he had alledged of the Proceeding of Christian Commonwealths in this Affair preferring oftentimes him that was further off in Blood upon other Considerations of more weight and importance which Point seemed to him to have been so evidently proved as no man can deny it and much less condemn the same without the Inconveniences before alledged and mentioned of calling all in doubt that now is established in the World considering that not only foreign Countries but England also it self so often hath used the same putting back the next in Blood Wherefore he said that for as much as Commonwealths and the consent will and desire of each Realm was proved to have High and Soveraign Authority in this Affair and that as on the one side Nearness of Blood was to be respected so on the other there wanted not sundry considerations and circumstances of as great moment as this or rather greater for that oftentimes these considerations had been preferred before Nearness of Blood as hath been declared I do not know quoth he who of the Pretenders may next obtain the Garland whatsoever his Right by Propinquity be so he have someright as I think all have that do pretend and therefore I mean not to stand upon the justification or impugning of any one Title but rather to leave all to God and to them that must one day try and judge the same in England to whom I suppose this Speech of mine cannot be but grateful and commodious for the better understanding and discerning of those matters whereof of necessity ere it be long they must be Judges and Vmpires when God shall appoint and consequently for them to be ignorant or unacquainted with the same as men say that commonly most in England at this day cannot be but very inconvenient and dangerous In this manner he spake and after this he began his discourse setting down first of all the sundry Books and Treatises which he understood had been made or written hitherto of this Affair CHAP. I. Of the divers Books and Treatises that have been written heretofore about the Titles of such as pretend to the Crown of England aed what they do contain in favour or disfavour of sundry Pretenders ACcording to the Variety of mens Judgments and Affections of man in this behalf so said the Lawyer that divers had written diversly in sundry Books and Treatises that had come to light and went among men from hand to hand though all were not printed And First of all he said that not long after her Majesties coming to the Crown there appeared a certain Book written in the favour of the house of Suffolk and especially of the Children of the Earl of Hartford by the Lady Catharin Gray which Book offended highly the Queen and Nobles of England and was afterwards found to be written by one Hales sirnamed the Club foot who was Clerk of the Hamper and Sir Nicolas Bacon then Lord Keeper was presumed also to have had a principal part in the same for which he was like to have lost his Office if Sir Antony Brown that had been Chief Judge of the Common Pleas in Queen Maries time would have accepted thereof when her Majesty offered the same unto him and my Lord of Leicester earnestly exhorted him to take it but he refused it for that he was of a different Religion from the State and so Sir Nicolas Bacon remained with the same at the great instance of Sir William Cecill now Lord Treasurer who though he were to be privy also to the said Book yet was the matter so wisely laid upon Hales and Bacon and Sir William was kept free thereby to have the more Authority and Grace to procure the others pardon as he did The bent and butt of this Book was as I have said to prefer the Title of the Lady Catharine Gray Daughter of the Lady Frances Dutchess of Suffolk which Frances was Daughter to Mary the younger Daughter to King Henry VII before the Title of the Queen of Scots then living and of her Son which were descended of Lady Margaret eldest Daughter of the said King Henry And the reasons which this Book did alledge for the same were principally two The First that the Laws of England did not admit any stranger or alien to inherit in England to wit any such as were born out of the Allegiance of our Realm for so are the words of the Law and for that the Queen of Scots and her Son are known to be so born therefore they could not succeed and consequently that the house of Suffolk descended of the second Daughter must enter in their place The second Reason is for that there is given Authority to King Henry VIII by two several Acts of Parliament in the 28. and 36. Year of his Reign to dispose of the Succession by his last Will and Testament as he should think best among those of his Kindred that did pretend after his Children aâ—â— that the said King according to his Commission did ordain that if his own Children did dye without issue then the Off-spring of his younger Sister Mary that were born in England should be preferred before the Issue of the elder that was Margaret married into Scotland and this was the effect of this first Book Against this Book were written two other soon after the First by one Morgan a Divine if I remember well sometimes Fellow of Oriel Colledge in Oxford a man of good account for Learning among those that knew him and he was thought to have written the said Book by the advice and assistance of the foresaid Judge Brown which thing is made the more credible by the many Authorities of our Common Law which therein are alledged and the parts of this Book if I forget not were three or rather they were three Books of one Treatise the first whereof did take upon it to clear the said Queen of Scots for the Murther of the Lord
and Chartres in France and the other two Polidor said dyed before they were Married and so their names were not Recorded These are the Children of King William the Conqueror among whom after his death there was much strife about the Succession For first his eldest Son Duke Robert who by order of Ancestrie by birth should have succeeded him in all his Estates was put back first from the Kingdom of England by his third Brother William Rufus upon a pretence of the Conquerors Will and Testament for particular affection that he had to this his said third Son William though as Stow Writeth almost all the Nobility of England were against William's entrance But in the end agreement was made between the two Brothers with the condition that if William should dye without Issue then that Robert should succeed him and to this accord both the Princes themselves and twelve principal Peers of each side were Sworn but yet after when William dyed without Issue this was not observed but Henry the fourth Son entred and deprived Robert not only of this his Succession to England but also of his Dukedom of Normandy that he had enjoyed peaceably before all the time of his Brother Rufus and moreover he took him Prisoner and so carried him into England and there kept him till his death which happened in the Castle of Cardif in the year 1134. And whereas this Duke Robert had a goodly Prince to this Son named William who was Duke of Normandy by his Father and Earl of Flanders in the right of his grand Mother that was the Conquerors Wife and Daughter of Baldwin Earl of Flanders as hath been said and was established in both these States by the help of Lewis the VI. surnamed Le Gros King of France and admitted to do homage to him for the said States his Uncle King Henry of England was so violent against him as first he drove him out of the state of Normandy and secondly he set up and maintained a Competitor or two against him in Flanders by whom finally he was slaine in the year of Christ 1128. before the Town of Alost by an Arrow after he had gotten the upper hand in the Field and so ended the race of the first Son of King William the Conquerour to wit oâ— Duke Robert which Robert lived after the Death of his said Son and Heir Duke William Six years in Prison in the Castle of Cardiff and pined away with sorrow and misery as both the French and English Histories do agree The second Son of the Conqueror named Richard dyed as before hath been said in his Fathers time and left no Issue at all as did neither the third Son William Rufus though he Reigned 13. years after his Father the Conqueror in which time he established the Succession of the Crown by consent of the States of England to his elder Brother Duke Roberts issue as hath been said though afterwards it was not observed This King Rufus came to the Crown principally by the help and favour of Lanfrancus Archbishop of Canterbury who greatly repented himself afterward of the error which in that point he had committed upon hopes of his good Government which proved extream evil But this King William Rufus being slayn afterward by the Arrow of a Cross-bow in Newforrest as is well known and this at such time as the foresaid Duke Robert his elder Brother to whom the Crown by Succession apperteined was absent in the War of the Holy Land where according as most Authors do Write he was chosen King of Hierusalem but refused it upon hope of the Kingdom of England But he returning home found that his fourth Brother Henry partly by fair promises and partly by force had invaded the Crown in the year 1110. and so he Reigned 35. years and had Issue divers Sons and Daughters but all were either drounded in the Seas coming out of Normandy or else dyed otherwise before their Father except only Mathildis who was first Married to Henry the Emperour fifth of that name and after his death without Issue to Geffrey Plantagenet Duke of Anjow Touraine and Maine in France by whom she had Henry which Reigned after King Stephen by the name of Henry the II. And thus much of the Sons of William the Conqueror Of his two Daughters that lived to be Married and had Issue the elder named Constance was Married to Alayn Fergant Duke of Britain who was Son to Hoel Earl of Nants and was made Duke of Britain by William the Conquerors means in manner Following Duke Robert of Normanyd Father to the Conqueror when he went on Pilgrimage unto the Holy Land in which Voyage he dyed left for Governour of Normandy under the protection of King Henry the first of France Duke Alayne the first of Britain which Allayn had Issue Conan the first who being a stirring Prince of about 24. years old when Duke William began to treat of passing over into England he shewed himself not to favour much that enterprise which Duke William fearing caused him to be Poysoned with a pair of perfumed Gloves as the French stories do report and caused to be set up in his place and made Duke one Hoel Earl of Nantes who to gratifie William sent his Son Alaine surnamed Fergaâ—t with 5000. Souldiers to pass over into England with him and so he did and William afterward in recompence thereof gave him his eldest Daughter Constantia in Marriage with the Earldom oâ— Richmond by whom he had Issue Conan the second surnamed le Gross who had Issue a Son and a Daughter The Son was called Hoel as his Grand-Father was and the Daughters name was Bertha Married to Eudo Earl of Porhet in Normandy and for that this Duke Conan liked better his Daughter and his Son in-law her Husband then he did Hoel his own Son he disavowed him on his Death Bead and made his said Daughter his Heir who had by the said Eudo a Son named Conan surnamed the younger which was the third Duke of that name and this man had one only Daughter and Heir named Lady Constance who was Married to the third Son of King Henry the second named Geffrey and elder Brother to King John that after came to Reign and by this Lord Geffrey she had Issue Arthur the second Duke of Britain whom King John his Uncle put back from the Crown of England and caused to be put to death as after shall be shewed and he dying without Issue his Mother Constance Dutchess and Heir of Britain Married again with a Prince of her own House whom after we shall name in the prosecution of this Line and by him she had Issue that hath endured until this day the last whereof hitherto is the Lady Isabella infant of Spain and that other of Savoy her Sister whom by this means we see to have descended from King William the Conqueror by his eldest Daughter Lady
what Historiographers do say according to their affections or Interests as what reasons and proofs be alledged of every side for that by this we shall more easily come to judge where the right or wrong doth lie First therefore the defenders of the House of York do alledge that their title is plain and evident for that as in the former chapter hath been declared Richard Duke of York first pretender of this House whose Father was Son to Edmond Langley Duke of York fourth Son of King Edward the third and his Mother Anne Mortimer that was Neece once removed and sole Heir to Leonel Duke of Clarence second Son of the said King Edward this Richard I say Duke of York pretended that for so much as he had two titles joyned together in himself and was lawful Heir as well to Duke Leonel the second Brother as to Duke Edmond the fourth that he was to be preferred in Succession of the Crown after the death of King Richard the second Heir of the first Son of King Edward before the Issue of John of Gaunt that was but third Son to the said King Edward and consequently that Henry Bolenbrok John of Gaunts Son Duke of Lancaster called afterwards King Henry the fourth entred the Crown by tyranny and violonce first for deposing the true and Lawful King Richard and secondly for taking the Kingdom upon himself which Kingdom after the death of the foresaid King Richard which happened in the year 1399. belonging to Edmond Mortimer Earl of March then living and after his death to Anne Mortimer his Sister married to Richard Earl of Cambridge Father to this Richard pretendent Duke of York as hath been said for that this Edmond and Anne Mortimer were Children to Roger Mortimer Son of Philip that was daughter to Duke Leonel which Leonel was elder Uncle to King Richard and before John of Gaunt the younger Brother whose Son took the Crown upon him For the better understanding of which pretence and allegation of the House of York against Lancaster we must note the story following to wit That King Edward the III. seeing in his old age that Prince Edward his eldest Son whom of all his Children he loved most dearly was dead though there wanted not much doubt in some mens heads as after shall be shewed who ought to succeed yet the old man for the exceeding great affection he bare to the dead Prince would hear nothing in that behalf but appointed Richard the said Prince Edwards only Son and Heir to succeed him in the Kingdom and made the same to be confirmed by Act of Parliament and inforced all his Children then alive to swear to the same which were John of Gaunt Duke of Lancaster his third and eldest Son that then lived for Leonel his second Son Duke of Clarence was dead before and Edmond Langley and Thomas Woodstock Earls at that time but after Dukes of York and Glocester and so King Richard Reigned with good obedience of his Uncles and their Children for 20 years together but in the end when he grew insolent and had put to death his Uncle the Duke of Glocester together with the Earl of Arundel and banished many others of the Nobility and among them the Archbishop of Canterbury as also his own Cousin-German Henry Duke of Hertford and after of Lancaster Son and Heir of John of Gaunt and had made many wickedd Statutes as well against the Church and State Ecclesiastical as also to intangle the Realm and Nobility with fained crimes of Treason against his Regality as then he termed them the principal men of the Realm seeing a sit occasion offered by the Kings absence in Ireland called home out of France the foresaid Henry Duke of Lancaster with the Archbishop of Canterbury Earls of Arundel and Warwick and others which were in banishment and by common consent gathered upon the suddain such an Army to assist them in England as they took the King brought him to London and there in a Parliament laying together the intolerable faults of his Government they deprived him of all Regal Dignity as before they had done to his great Grandfather K. Edward the second and then by universal consent of the Parliament and people there present they chose and admitted the said Henry Duke of Lancaster to be their King who continued so all the days of his life and left the Crown unto his Son and Sons Son after him by the space of threescore years until this Richard before named Duke of York made challenge of the same in manner and form as before hath been shewed Now then the story being thus the question is first whether Richard the second were justly deposed or no and secondly whether after his deposition the House of York or House of Lancaster should have entred and thirdly if the House of Lancaster did commit any wrong or injustice at their first entrance to the Crown yet whether the continuance of so many years in possession with so many approbations and confirmations thereof by the Commonwealth were not sufficient to legitimate their right Concerning which points many things are alledged by the favourers of both Families and in the first point touching the lawfulness or unlawfulness of King Richards deposition three Articles especially do seem most considerable to wit about the thing in it self whether a lawful King may be deposed upon just causes and secondly about these causes in King Richards deposition to wit whether they were just or sufficient for deposition of the said King and lastly about the manner of doing iâ— whether the same were good and orderly or not And touching the first of these three points which is that a King upon just causes may be deposed I think both parties though never so contrary between themselves will easily agree and the Civil Lawyer seems to me to have proved it so evidently before throughout his whole dicourse as I think very little may be said against the same For he hath declared if you remember both by reason authority and examples of all Nations Christian that this may and hath and ought to be done when urgent occasions are offered And first by reason he sheweth it for that all Kingly authority is given them only by the Commonwealth and that with this express condition that they shall Govern according to Law and equity that this is the cause of their exaltation above other men that this is the end of their Government the butt of their authority the star and pole by which they ought to direct their stern to wit the good of the people by the weal of their Subjects by the benefit of the Realm which end being taken away or perverted the King becometh a Tyrant a Tyger a fierce Lion a ravening Wolf a publick enemy and a bloudy murtherer which were against all reason both natural and moral that a Common-wealth could not deliver it self from so eminent a destruction By authority also
of Mâ—ubray ceased and the title of the Dâ—kedâ—m of Norfolk was transferred afterward by King Richard the third unto the House of the Howardâ— Johâ— de lâ— Poole Duke of Suffolk that married the 〈◊〉 of King Edward the fourth and was his great asisstant though he left three Sons yet all were extinguished without Issue by help of the House of York for that Edmond the eldest Son Duke of Suffâ—â—k was beheaded by King Henry the eighth and his Brother Richard driven out of the Realm to his destruction as before hath been shewed and John their Brother Earl of Lincolne was slain at Stock-field in service of King Richard the third and so ended the Line of de la Pooles Richard â—ovel Earl of Salisbury a chief enemy to the House of Lancaster and exalter of York was taken at the battel of Wakefield and there beheaded leaving three Sons Richard John and George Richard was Earl both of Salisbury and Warwick surnamed the great Earl of Warwick and was he that placed King Edward the fourth in the Royal Seat by whom yet he was slain afterward at Barnet and the Lands of these two great Earldoms of Salisbury and Warwick were united to the Crown by his attâ—â—inder John his younger Brother was Marquess of Montague and after all assistance given to the said King Edward the fourth of the House of York was slain also by him at Barnet and his Lands in like manner confiscated to the Crown which yet were never restored again George Nevel their younger Brother was Archbishop of York and was taken and sent prisoner by the said King Edward unto Guyens who shortly pined away and died and this was the end of all the principal friends helpers and advancers of the House of York as these men do alledge Wherefore they do conclude that for all these reasons and many more that might be alledged the title of Lancaster must needs seem the beter title which they do confirm by the general consent of all the Realm at King Henry the seventh his coming in to recover the Crown from the House of York as from usurpersâ— for having had the victory against King Richard they Crowned him presently in the Field in the right of Lancaster before he married with the House of York which is a token that they esteemed his title of Lancaster sufficient of it self to bear away the Crown albeit for better ending of strife he took to Wife also the Lady Elizabeth Heir of the House of York as hath been said and this may be sufficient for the present in this controversy CHAP. V. Of five Principal Houses or Lineages that do or may pretend to the Crown of England which are the Houses of Scotland Suffolk Clarence Britany and Portugal and first of all of the House of Scotland which containeth the pretentions of the King of Scots and the Lady Arabella HAving declared in the former Chapter so much as appartaineth unto the general controversie between the two principal Hâ—â—ses and Royal families of Lancaster and York it remaineth now that I lay before you the particular challenges claims and pretentions which divers houses and families descended for the most part of these two have among themselves for their titles to the same All which families may be reduced to three or four general heads For that some do pretend by the House of Lancaster alone as those families principally that do descend of the Line Royal of Portugal some other do pretend by the House of York only as those that are descended of George Duke of Clarence second Brother to King Edward the fourth Some again will seem to pretend from both Houses joyned together as all those that descend from King Henry the seventh which are the Houses of Scotland and Suffolk albeit as before hath appeared others do deny that these families have any true part in the House of Lancaster which point shall afterward be discussed more at large And fourthly others do pretend before the two Houses of York and Lancaster were divided as the Infanta of Spain Dutchess of Savoy the Prince of Loraign and such others as have descended of the House of Britany and France of all which pretences and pretenders we shall speak in order and consider with indifferency what is said or alledged of every side to and fro beginning first with the House of Scotland as with that which in common opinion of vulgar men is taken to be first and nearest though others deny it for that they are descended of the first and eldest daughter of King Henry the seventh as before in the third chapter hath been declared First then two persons are known to be of this house at this day that may have action and claim to the Crown of England The first is Lord James the sixth of that name presently King of Scotland who descended of Margaret eldest daughter of King Henry the seventh that was married by her first marriage to James the fourth King of Scots and by him had Issue James the fifth and he again the Lady Mary Mother to this King now pretendant The second person that may pretend in this house is the Lady Arabella descended of the self same Queen Margaret by her second marriage unto Archibald Douglas Earl of Anguis by whom she had Margaret that was married to Matthew Steward Earl of Lenox and by him had Charles her second Son Earl of Lenox who by Elizabeth daughter of Sir William Candish Knight in England had Issue this Arabella now alive First then for the King of Scots those that do favour his cause whereof I confess that I have not found very many in England do alledge that he is the first and chiefest pretender of all others and next in succession for that he is the first person that is descended as you see of the eldest daughter of King Henry the seventh and that in this descent there cannot bastardy or other lawful impediment be avowed why he should not succeed according to the priority of his pretention and birth And moreover secondly they do alledge that it would be greatly for the honour and profit of England for that hereby the two Realms of England and Scotland should come to be joyned a point long sought for and much to be wished and finally such as are affected to his Religion do add that hereby true religion will come to be more settled also and establishes in England which they take to be a matter of no small consequence and consideration and this in effect is that which the favours of this Prince do alledge in his behalf But on the other side there want not many that do accompt this pretence of the King of Scots neither good nor just nor any way expedient for the State of England and they do answer largely to all the allegations before mentioned in his behalf And first of all as concerning his title by nearness of succession they make little
the other reasons of exclusion which men do lay against the House of Scotland whereof one is urged much by the House of Suffolk and grounded upon a certain Testament of King Henry the eighth as before hath been touched by which Testament the said House of Suffolk that is to say the Heirs of the Lady Frances and of the Lady Eleanor Neeces to King Henry the eighth by his second Sister Mary are appointed to succeed in the Crown of England before the Heirs of Margaret the first Sister married in Scotland if King Henry's own Children should come to die without Issue as now they are all like to do and this Testament had both the Kings hand or stamp unto it and divers Witnesses names besides and was enrolled in the Chancery and was authorized by two Acts of Parliament two wit in the 28. and 35. years of King Henry in which Parliaments authority was given to the said King to dispose and ordain of this point of succession as he and his learned Councel should think best for the weal publick This is the effect of this Argument which albeit the former Books of Mr. Morgan and the Bishop of Ross and some other of the Scottish favourers do seek to refut by divers means and ways as before in the first chapter of this discourse is set down and especially by the Testimony of the Lord Paget and Sir Edward Montague that said the stamp was put unto it after the King was past sense yet they of of the House of Suffolk are not satisfied without that answer for that they say that at least howsoever that matter of the late sealing be yet seeing the King willed it to be done drawn out and sealed it appeareth hereby that this was the last Will and judgment of King Henry and not revoaked by him which is sufficient say these men to answer the intent and meaning of the Realm and the authority committed to him by the foresaid two Acts of Parliament for the disposing of the succession which two Acts say these men containing the whole authority of the Commonwealth so seriously and diliberately given in so weighty an affair may not in reason be deluded or overthrown now by the saying of one or two men who for pleasing or contenting of the time wherein they speak might say or guess that the Kings memory was past when the stamp was put unto his Testament which if it were so yet if he commanded as hath been said the thing to be done while he had memory as it may appear he did both by the Witnesses that subscribed and by the enrollment thereof in the Chancery no man can deny but that this was the King's last Will which is enough for satisfying the Parliaments intention as these men do affirm A fourth argument is made against the King of Scots Succession by all the other competitors jointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded upon a plain fresh Statute made in the Parliament holden in the 27 year if I erre not of her Majesty that now is wherein it is enacted and decreed that whosoever shall be convinced to conspire attempt or procure the death of the Queen or to be privy or accessary to the same shall lose all right title pretence claim or action that the same parties or their Heirs have or may have to the Crown of England Upon which Statute seeing that afterward the Lady Mary late Queen of Scotland Mother of this King was condemned and executed by the authority of the said Parliament it seeemeth evident unto these men that this King who pretendeth all his right to the Crown of England by his said Mother can have none at all And these are the reasons proofs and arguments which divers men do alledge against the right of succession pretended by the King of Scots But now if we leave this point which concerneth the very right it self of his succession by bloud and will come to examine other reasons and considerations of State and those in particular which before I have mentioned that his favourers do alledge utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown as also the other point also of establishment of Religion by them mentioned then I say these other men that are against his entrance do produce many other reasons and considerations also of great conveniencies as to them they seem against this point of admission and their reasons are these that follow First touching the publick good of the English Commonwealth by the uniting of both Realms of England and Scotland together these men do say that it is very doubtful and disputable whether the state of England shall receive good or harm thereby if the said union could be brought to pass First for that the state and condition of Scotland well considered it seemeth that it can bring no other commodity to England then increase of Subjects and those rather to participate the commodities and riches of England then to import any from Scotland And then secondly the aversion and natural alienation of that people from the English and their ancient inclination to joyn with the French and Irish against us maketh it very probable that that subjection of theirs to the Crown of England would not long endure as by experience we have seen since the time of King Edward the first when after the death of their King Alexander the third without Issue they chose King Edward to be their King delivered their Towns and Fortresses into his hands did swear him Fealty received his Deputy or Vice-Roy as Polydor at large declareth And yet all this served afterward to no other effect but only Slaughter Bloud-shed and infinite Losses and Charges of England Thirdly they say That if the King of Scots should come to possess the Crown of England he cannot chuse at least for many years but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him though most contrary by natural inclination and least tollerable in Government to English-men as are the Scots of whom he is born and Danes wiâ—h whom he is allied and French of whom he is descended and of the uncivil Part of Ireland with whom one great part of his Realm hath most Conjunction the Authority and sway of which four Nations in England and over English-men what trouble it may work every wise man may easily conjecture Besides that the Scotch-men themselves especially those of the Nobility do openly profess That they desire not this Conjunction and Subordination unto England which in no wise they can bear both for the aversion they have to all English Government over them as also for that their Liberties are
Succession or Right of Women which the Kingdom of France in it self doth not as is known and consequently a Woman may be Heir to the one without the other that is to say she may be Heir to some particular states of France inheritable by Women though not to the Crown it self and so do pretend to be the two Daughters of France that were Sisters to the late King Henry III. which Daughters were married the one to the King of Spain that now is who had Issue by her the Infanta of Spain yet unmarried and her younger Sister married to the Duke of Savoy and the other to wit the younger Daughter of the King of France was married to the Duke of Lorrain yet living by whom she had the Prince of Lorrain and other Children that live at this day This then being so clear as it is first that according to the common course of Succession in England and other Countries and according to the course of all Common Law the Infanâ—a of Spain should inherit the whole Kingdom of France and all other States thereunto belonging she being the Daughter and Heir of King Henry II. of France whose Issue-male of the direct line is wholly extinct but yet for that the French do pretend their Law Salique to exclude Women which we English have ever denied to be good until now hereby cometh it to pass that the King of Navarr pretendeth to enter and to be preferred before the said Infanta or her Sisters Children though Male by a Collateral Line But yet her favourers say I mean those of the Infanta that from the Dukedoms of Britany Aquitain and the like that came to the Crown of France by Women and are Inheritable by Women she cannot be in right debarred as neither from any Succession or Pretence to England if either by the Bloud-Royal of France Britany Aquitain or of England it self it may be proved that she hath any Interest thereunto as her favourers do affirm that she hath by these reasons following First for that she is of the ancient Bloud-Royal of England even from the Conquest by the elder Daughter of William the Conquerour married to Allain Fergant Duke of Britany as hath been shewed before in the second Chapter and other places of this Conference And of this they infer three Consequences First when the Sons of the Conquerour died without Issue or were made uncapable of the Crown as it was presumed at least-wise of King Henry I. last Son of the Conquerour that he lost his Right for the violence used to his elder Brother Robert and unto William the said Robert's Son and Heir they say these men ought the said Dutchess of Britany to have entred as eldest Sister Secondly they say That when Duke Robert that both by right of Birth and by express Agreement with William Rufus and with the Realm of England should have succeeded next after the said Rufus came to die in Prison the said Lady Constance should have succeeded him for that his Brother Henry being culpable of his Death could not in right be his Heir And thirdly they say That at least wise after the death of the said King Henry I. she and her Son I mean Lady Constance and Conan Duke of Britany should have entred before King Stephen who was born of Adela the younger Daughter of William the Conquerour Secondly they do alledge That the Infanta of Spain descendeth also lineally from Lady Eleanor eldest Daughter of King Henry II. married to King Alonso the ninth of that name King of Castile whose eldest Daughter and Heir named Blanch for that their only Son Henry died without Issue married with the Prince Lewis VIII of France who was Father by her to King St. Lewis of France and so hath continued the Line of France unto this day and joyned the same afterwards to the House of Britany as hath been declared So as the Infanta cometh to be Heir general of both those Houses that is as well of Britany as France as hath been shewed And now by this her descent from Queen Eleanor Daughter of King Henry II. her favourers do found divers Pretences and Titles not only to the States of Aquitain that came to her Father by a Woman but also to England in manner following First for Aquitain they say it came to King Henry II. by his Wife Eleanor Daughter of William Duke of Aquitain as before in the second Chapter at large hath been declared and for that the most part thereof was lost afterwards to the French in King John's time that was fourth Son to the aforesaid King Henry it was agreed between the said King John and the French-King Philip that all the States of Aquitain already lost to the French should be given in Dowry with the said Blanch to be married to Lewis VIII then Prince of France and so they were And moreover they do alledge That not long after this the same States with the residue that remained in King John's hands were all adjudged to be forfeited by the Parliament of Paris for the Death of Duke Arthur and consequently did fall also upon this Lady Blanch as next Heir capable of such Succession unto King John for that yet the said King John had no Son at all and for this cause and for that the said States are Inheritable by Women and came by Women as hath been often said these men affirm That at this day they do by Succession appertain unto the said Lady Infanta of Spain and not unto the Crown of France To the Succession of England also they make pretence by way of the said Lady Blanch married into France and that in divers manners First for that King John of England by the Murther of Duke Arthur of Britany his Nephew which divers Authors do affirm as Stow also witnesseth was done by King John's own hands he forfeited all his States though his right to them had been never so good and for that this Murther happened in the fifth year of his Reign and four years before his Son Henry was born none was so near to succeed at that time as was this Lady Blanch married into France for that she was Daughter and Heir unto King John's elder Sister Eleanor or the said Lady Eleanor her self Queen of Spain should have succeeded for that she yet lived and died not as appeareth by Stephen Garribay Chronicler of Spain until the year of Christ 1214. which was not until the fifteenth year of the Reign of King John and one year only before he died so as he having yet no Issue when this Murther was committed and losing by this forfeit all the right he had in the Kingdom of England it followeth that the same should have gone then to his said Sister and by her to this Lady Blanch her Heir and eldest Daughter married into France as hath been said which forfeit also of King John these men do confirm by his
in England to favour him and his pretence or else in respect of his own particular Family Friends and Allies both at home and abroad And for that the Party of Religion is like to weigh most and to bear the greatest sway and most potent suffrage and voice in this action and that with reason according to that the Civilian hath proved at large in the last of his Discourses therefore shall I also quoth the Lawyer first of all then treat of this point of Religion in this my last Speech It is well known said he that in the Realm of England 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 known commonly in England by the names of Protestants Puritans and Papists though the latter two do not acknowledge these Names and for the same cause would not I use them neither if it were not only for clearness and brevities sake for that as often I have protested my meaning is not to give offence to any Side or Party These three Bodies then quoth he do comprehend in effect all the Force of England and do make so general a division and separation throughout the whole Land in the hearts and minds of their Friends Favourers and followers as if I be not deceived no one thing is like so much to be respected in each Pretender for his advancement or depression as his Religion or inclination therein by them that must assist him at that day and are of different Religions themselves And more I am of opinion said he that albeit in other changes heretofore in England as in the entrance of King Edward and Queen Mary and of this Queens Majesty that now is divers men of different Religions did for other respects concurr and joyn together for these Princes advancement notwithstanding that afterwards many of them repented the same which is to be seen in that for King Edward all the Realm without exception did concurr and for Queen Mary it is known that divers Protestants did by name and among other points it is also known that Sir Nicholas Throgmorton a fervent Protestant in those days being of King Edward's Privy Chamber did not only advise her of the sickness and decay of King Edward from day to day but also was the first that sent an express Messenger to advise her of her Brother's death and what the two Dukes of Northumberland and Suffolk did contrive against her and that with such celerity that King Edward dying but on Thursday night the 10 th of July the Lady Mary was most certainly advised thereof by Saturday morning next and that very early in Kenning-hall-Castle of Norfolk 80. Miles off and divers other Protestants did assist her also in that her Entry as in like manner all those of the Roman Religion without exception did assist her Majesty that now reigneth after the decease of the said Queen Mary and this was then But I am of opinion that matters will fall out far otherwise at the next Change and this partly peradventure for that the titles of Succession in the Pretenders are not so clear but rather much more doubtful now than they were then and partly or rather principally for that men in time are come to be of more resolution and determination in matters of Religion and by contention and pursuing one the other are become more opposite and enemies and more desirous of revenge and further also than this those that be of milder and better condition and have not these passions in them yet by Reason and Experience they do see the great absurdity and inconvenience that ensueth by that a man of one Religion should give aid to the advancement of a Prince of a contrary Religion to that which himself doth esteem and hold for only truth which in him that so doth cannot be denied but that it is a point of little zeal at the least if not contempt of God and of Religion or of plain atheism as others will call it And moreover I remember that the Civilian before in the end of his Speech inveighed also much against this point and shewed that besides lack of Conscience and Religion it was in like manner against all humane wisdom and policy to favour a pretender of a different Religion from himself and this for divers reasons that he laid down which reasons I confess prevailed much with me and I do allow greatly of that his opinion and assertion which averred that the first respect of all others ought to be GOD and Religion in this great Affair of making a King or Queen and that without this no Title whatsoever ought to prevail or be admitted by Christian men and that the Cities of France at this day do not amiss but justly and religiously so long as they are of that Religion that they are to stand against the King of Navarr though otherwise by descent they do confess his Title to be clear and evident for that he is of contrary Religion to them Wherefore seeing that the very same Case is like or rather certain to ensue one day in England and that it is most probable that each Party of the Realm will stand most upon this Point that is to say upon the defence and advancement of their Religion and of such a King as shall be known to favour the same that themselves be of let us examin a little if you please quoth he what force ability each of these three Bodies of Religion now mentioned is like to be of at that day in England for effectuating or promoting this purpose of a new King And first to begin with the Protestant as with him that hath the sway of Authority and present Power of the State in his favour no doubt but that his force will be also great at that day said he and especially if he can conceal for a time the decease of her Majesty untill he may be able to put his Affairs in order but this is holden to be either impossible or very hard for the different judgments and affections which are not thought to be wanting in the Court Council and Princes Chamber it self whereof we saw the effect as before I told you at the death of King Edward which was as much endeavoured to be kept as ever any was and as much it imported the Concealers and yet within not many hours after had the Lady Mary most certain notice thereof â—y those that were opposite to her in Religion as I have shewed before so ardent are mens minds in such occasions and so capable of new impressions designments and desires are all kind of subjects upon such great changes A chief Member of the Protestant Body as you know for Wealth and Force is the Clergy of England especially the Bishops and other men in Ecclesiastical Dignity which are like to be a great Back to this Party at that
Bragansa before mentioned or of the House of Austria seeing there wanteth not many able and worthy Princes of that House for whom there would be the same reasons and considerations to perswade their admission by the English that have been alledged before for the Infanta and the same utilities to the Realm and motives to English-men if such a matter should come in consultation and the same Friends and Forces would not want abroad to assist them For the second part of my Conjecture touching the Earl of Hartford's second Son or one of the Countess of Darbyes Children my Reasons be First for that this second Son seemeth to be cleared in our former Discourse of that Bastardy that most importeth and nearest of all other lieth upon those Children which is for lack of due proof of their Parents Marriage for which defect they do stand declared for illegitimate by publick sentence of the Archbishop of Canterbury as before hath been declared from which sentence this second Son is made free by the arguments before alledged and therein preferred before his elder Brother And secondly for that this younger Son is unmarried for any thing that I do know to the contrary which may be a point of no small moment in such an occasion as hath been noted divers times before for joining or fortifying of Titles by Marriage and for making of compositions of Peace and Union with the opposite Parties And finally for that this second Son being young his Religion is not much talked of and consequently every Party may have hope to draw him to their side especially he being also free as I have said to follow what he shall think best or most expedient for his own advancement without knot or obligation to follow other mens affections or judgments in that point as he would be presumed to be if he were married or much obliged to any other Family I do name also in this second Point the Children of the Countess of Darby first for that in truth the probabilities of this House be very Great both in respect of their Descent which in effect is holden as it were clear from Bastardy as before hath been shewed and then again for their nearness in degree which by the Countess yet living is nearer to King Henry the VII by one degree than any other Competitor whatsoever Secondly I do name this Countess Children and not her self for that I see most men that Favour this House very willing and desirous that some of the said Countess Children should rather be preferred than she her self and this for that she is a Woman and it seemeth to them much to have three Women reign one after the other as before hath been noted so as they would have her Title to be cast rather upon one of her Children even as upon like occasion it hath been shewed before that the Spaniards caused the Lady Berenguela Niece to King Henry the II. to resign her Title to her Son when she should have succeeded by nearness of Inheritance and as a little before that the State of England did after King Stephen unto King Henry the I. his Daughter Maude the Empress whom they caused to pass over her Title to her Son Henry the II. though her own Right should have gone before him by nearness of Succession as also should have done by Orderly Course of Succession the Right of Margaret Countess of Richmond before her Son King Henry the VII as before hath been proved but yet we see that her Son was preferred and the like would these men have to be observed in the Countess of Darby Lastly I do name the Children of this Countess in general and not the Earl of Darby particularly above the other though he be the eldest for two respects First for that his younger Brother is unmarried which is a circumstance whereof divers times occasion hath been offered to speak before and therefore I need to add no further therein And secondly for that divers men remain not so fully satisfied and contented with the Course of that Lord hitherto and do think that they should do much better with his Brother if so be he shall be thought more fit yet are these things uncertain as we see but notwithstanding such is the nature and fashion of man to hope ever great matters of Youths especially Princes God send all just Desires to take place and with this I will end and pass no fupther hoping that I have performed the effect of my Promise made unto You at the beginning FINIS A Perfect and Exact Arbor and Genealogy of all the Kings Queens and Princes of the Blood-Royal of England from the time of William the Conquerour unto our time whereby are to be seen the grounds of the Pretenders to the same Crown at this day according to the Book of R. Doleman set forth of the said Pretenders and their several Claims in the year 1594. THe Antient Houses of the Blood-Royal of England are the House of Lancaster that bears the Red Rose and the House of York that bears the White And then the House of Britany and France joyn'd in one And out of these are made Five particular Houses which are the House of Scotland of Suffolk of Clarence of Britainy and of Portugal And there are 12 different Persons that by way of Succession do pretend each one of them to be next after Her Majesty that now is as by the Book appears 1. Wil. the conqueror reigned 1066. The House of Flanders Robert 1st Son put back by his Brethren 2. Wil Rufus 2d Son of the Conquerour 1087. Wil. D. of Norm E. of Flan. slain before Alest 3. Henry I. 3d. Son of the Conquerour 1101. Mathild married H. V. and then Gâ—ffry D. of Anjon The House of Bloys Consta eldest Daughter married to Alain Fergant D. of Britan Adâ—la 2d daughter married to Steven Earl of Blâ—ys 4. Steven B. of Bloys and Bulloin reigned 1135. The House of Succession of Britany Conan II. D. of Britany surna med Le Gross Hâ—â—l disinherited by his Father Berthaâ—eir to Conan married to Eudo E. of Pâ—rret Conan III. D. of Britany Son to Bertha Const. mar 1st to Ges â— Son to H. II. aâ—d after to Guy Viseâ— Touan Alice heir of Britany married to the E. of Druce Isabel second Daughter of Constance The House of France Hen. 1st Son crown'd but died in his Fathers days 6. Richard I. 2d Son reigned 1190. Arth. D. of Brit. slain by his Uukle Jo. in Roan Cast. Geffry 3d. Son Duke of Britany by his Wife 5. Henry II. Duke of Anjou reigned 1254. 7. John 4th Son of Henry II. reigned 1200. Elean eldest Daughter married to K. Alfonsus IX of Casâ—â—ile Blanch eldest daughter c Heir marri'd to Lâ—w VIII of France Lewis VIII K. of Fr. chosen K. of Eng. in place of John depriv'd Lewis IX K of France from whom descendeth â— Infan of Sp. The first Antient House of