married to the King of Norway all which Issue and Line ended about the year 1290. David younger Brother to King William had Issue two daughters Margaret and Isabel Margaret was married to Alain Earl of Galloway and had Issue by him a daughter that married John Balliol Lord of Harcourt in Normandy who had Issue by her this John Balliol Founder of Balliol Colledge in Oxford that now pretended to the Crown as descended from the eldest daughter of David in the third descent Isabel the second daughter of David was married to Robert Bruse Earl of Cleveland in England who had Issue by her this Robert Bruse Earl of Carick the other competitor Now then the question between these two competitors was which of them should Succeed either John Balliol that was Nephew to the elder daughter or Robert Bruse that was Son to the younger daughter and so one degree more near to the Stock or Stem then the other And albeit King Edward the first of England whose power was dreadful at that day in Scotland having the matter referred to his arbitrement gave sentence for John Balliol and Robert Bruse obeyed for the time in respect partly of fear and partly of his Oath that he had made to stand to that Judgment yet was that sentence held to be unjust in Scotland and so was the Crown restor'd afterward to Robert Bruse his Son and his posterity doth hold it unto this day In England also it self they alledge the examples of K. Henry the first preferred before his Nephew William Son and Heir to his elder Brother Robert as also the example of K. John preferred before his Nephew Arthur Duke of Britany for that King Henry the second had four Sons Henry Richard Geffery and John Henry died before his Father without Issue Richard Reigned after him and died also without Issue Geffery also died before his Father but left a Son named Arthur Duke of Britany by right of his Mother But after the death of King Richard the question was who should Succeed to wit either Arthur the Nephew or John the Uncle but the matter in England was soon desided for that John the Uncle was preferred before the Nephew Arthur by reason he was more near to his Brother dead by a degree then was Arthur And albeit the King of France and some other Princes abroad opposed themselves for stomack against this Succession of King John yet say these favourers of the House of Lancaster that the English inclined still to acknowledge and admit his right before his Nephew and so they proclaimed this King John for King of England while he was yet in Normandy I mean Hubert Archbishop of Canterbury Eleanor the Queen this Mother Geffery Fitz-peter chief Judge of England who knew also what law meant therein and others the Nobles and Barons of the Realm without making any doubt or scruple of his title to the Succession And whereas those of the House of York do alledge that King Richard in his life time when he was to go to the holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown and thereby did shew that his title was the better they of Lancaster do answer first that this declaration of King Richard was not made by act of Parliament of England for that King Richard was in Normandy when he made this declaration as plainly appeareth both by Polidor and Hollingshed Secondly that this declaration was made the sooner by King Richard at that time thereby to repress and keep down the ambitious humor of his Brother John whom he feared least in his absence if he had been declared for Heir apparent might invade the Crown as indeed without that he was like to have done as may appear by that which happened in his said Brothers absence Thirdly they shew that this declaration of King Richard was never admitted in England neither would Duke John suffer it to be admitted but rather caused the Bishop of Ely that was left Governour by King Richard with consent of the Nobility to renounce the said declaration of King Richard in favour of Arthur and to take a contrary Oath to admit the said John if King Richard his Brother should die without Issue and the like Oath did the said Bishop of Ely together with the Archbishop of Roan that was left in equal Authority with him exact and take of the Citizens of London when they gave them their Priviledges and Liberties of Commonalty as Hollingshed recordeth And lastly the said Hollinshed writeth how that King Richard being now come home again from the War of Jerusalem and void of that jealousie of his Brother which before I have mentioned he made his last Will and Testament and ordained in the same that his Brother John should be his successor and caused all the Nobles there present to swear Fealty unto him as to his next in bloud for which cause Thomas Walsingham in his story writeth these words Johannis filius junior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo jure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius which is John younger Son of Henry the second King of England and of Eleanor Dutchess of Aquitain was declared successor of the Crown not only by Law and right of nearness of bloud but also by the Will and Testament of Richard his Brother Thus much this ancient Chronicler speaketh in the testifying of King John's Title By all which examples that fell out almost within one age in divers Nations over the World letting pass many others which the Civilian touched in his discourse before for that they are of more ancient times these favourers of the House of Lancaster do infer that the right of the Uncle before the Nephew was no new or strange matter in those days of King Edward the third and that if we will deny the same now we must call in question the succession and right of all the Kingdoms and States before-mentioned of Naples Sicily Spain Britany Flanders Scotland and England whose Kings and Princes do evidently hold their Crowns at this day by that very Title as hath been shewed Moreover they say that touching Law in this point albeit the most famous Civil Lawyers of the World be somewhat divided in the same matter some of them favouring the Uncle and some other the Nephew and that for different reasons as Baldus Oldratus Panormitanus and divers others alledged by Gulielmâ—â— Benedictus in his Repetitions in favour of the Nephew against the Uncle And on the other side for the Uncle before the Nephew Bartolus Alexander Decius Altiatus Cujatius and many other their followers are recounted in the same place by the same man yet in the end Baldus that is held for head of the contrary side for the Nephew after all reasons weighed to and fro he cometh to conclude
of Kin also to King Henry the eighth of England yet could he never get to be restored but passed his time miserably partly in Banishment and partly in Prison until he died But it shall be best perhaps to end this short Narration with an Example or two out of England it self for that no where else have I read more remarkable accidents touching this point than in England but for brevity sake I shall only touch two or three that have happened since the Conquest for that I will go no higher though I might as appeareth by the Example of King Edwin and others neither will I begin to stand much upon the Example of King John though well also I might for that by his evil Government he made himself both so odious at home and contemptible abroad having lost Normandy Gascoin Guyen and all the rest in effect which the Crown of England had in France as first of all he was both Excommunicated and Deposed by the Sentence of the Pope at the Suit of his own people and was forced to make his peace by resigning his Crown into the hands of Pandulf the Pope's Legaâ—e as Polidor recounteth and afterwards falling back again to his old defects and naughty Government albeit by his promise to the Pope to go and make War against the Turks if he might be quiet at home and that his Kingdom should be perpetually tributary to the See of Rome he procured him to be of his side for a time and against the Barons yet that stayed not them to proceed to his Deprivation which they did effectuate first at Canterbury and after at London in the 18 th and last year of King John's Reign and meant also to have disinherited his Son Henry which was afterwards named King Henry the 3 d. and at that time a Child of Eight years old only and all this in punishment of the Father if he had lived and for that cause they called into England Lodowick Prince of France Son to King Philip the second and Father to St. Lewis the ninth and chose him for their King and did swear him Fealty with general consent in London in the year of our Lord 1216. And but that the Death of King John that presently ensued alter'd the whole course of that defignment and moved them to turn their purposes and accept of his Son Henry before matters were fully established for King Lodowick it was most likely that France and England would have been joyned by these means under a Crown But in the end as he said King Henry the third was admitted and he proved a very worthy King after so evil as had gone before him and had been Deposed which is a circumstance that you must always note in this Narration and he reigned more years than ever King in England did before him for he reigned full Fifty three years and left his Son and Heir Edward the first not inferiour to himself in Manhood and Virtue who reigned 34 years and left a Son named Edward the second who falling into the same or worse defects of Government than King John his Great-Grand-father had done was after 19 years reign Deposed also by Act of Parliament holden at London in the year 1326. and his Body adjudg'd to perpetual Imprisonment he being Prisoner at that present in the Castle of Wallingford whither divers both Bishops Lords and Knights of the Parliament were sent unto him to denounce the Sentence of the Realm against him viz. How they had deprived him and chosen Edward his Son in his stead For which act of choosing his Son he thanked them heartily and with many tears acknowledged his own unworthiness whereupon he was degraded his Name of King first taken from him and he appointed to be called Edward of Carnarvan from that hour forward and then his Crown and Ring were taken away and the Steward of his House brake the Staff of his Office in his presence and discharged his Servants of their Service and all other people of their Obedience or Allegiance towards him And towards his maintenance he had only a hundred Marks a year allowed for his Expences and then was he delivered also into the hands of certain particular Keepers who led him Prisoner from thence by divers other places using him with extreme indignity in the way until at last they took his Life from him in the Castle of Barklay and his Son Edward the third reigned in his place who if we respect either Valour Prowess length of Reign Acts of Chivalry or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had though he were chosen in the place of a very evil one as you have seen But what shall we say Is this worthiness which God giveth commonly to the Successors at these changes perpetual or certain by Descent No truly noâ— the example of one Prince's punishment maketh another to bewares for the next Successor after this noble Edwardâ— which was King Richard the second though he were not his Son but his Sons Son to wit Son and Heir to the renowned Black Prince of Walâ—s This Richard I say forgetting the miserable end of his Great-Grand-father for evil Government and the felicity and virtue of his Father and Grand-father for the contrary suffered himself to be abused and misled by evil Counsellors to the great hurt and disquiet of the Realm For which cause after he had reigned 22 years he was also Deposed by Act of Parliament holden in London in the year of our Lord 1399. and condemned to perpetual Imprisonment in the Castle of Pontefract where he was soon after put to death also and used as the other before had been And in this man's place by free Election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards so notable a King as the World knoweth and was Father to King Henry the fifth commonly called the Alexander of England for that as Alexander the Great conquered the most part of Asia in the space of 9 or 10 years so did this Henry conquer France in less than the like time I might reckon also in this number of Princes Deposed for defect in Government though otherwise he were no evil man in life this King Henry the fourths Nephew I mean King Henry the sixth who after almost forty years Reign was Deposed and Imprisoned and put to death also together with his Son the Prince of Wales by Edward the fourth of the House of York and the sameâ— was confirmed by the Commons and especially by the people of London and afterwards also by publick Act of Parliament in respect not only of the Title which King Edward pretended but also and especially for that King Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parliament between
you have heard it proved of all Law-makers Philosophers Lawyers Divines and Governours of Commonwealhs who have set down in their Statutes and Ordinances that Kings shall swear and protest at their entrance to Government that they will observe and perform the conditions there promised and otherwise to have no Interest in that Dignity and Soveraignty By examples in like manner of all Realms Christian he declared how that often-times they have deposed their Princes for just causes and that God hath concurred and assisted wonderfully the same sending them commonly very good Kings after those that were deprived and in no Country more then in England it self yea in the very Line and Family of this King Richard whose Noble Grandfather King Edward the third was exalted to the Crown by a most solemn deposition of his predecessor King Edward the second wherefore in this point there can be little controversie and therefore we shall pass unto the second which is whether the causes were good and just for which this King Richard was esteemed worthy to be deposed And in this second point much more difference there is betwixt York and Lancaster and between the white Rose and the Red for that the House of York seeking to make the other odious as though they had entred by tyranny and cruelty doth not stick to avouch that King Richard was unjustly deposed but against this the House of Lancaster alledgeth first that the House of York cannot justly say this for that the chief Prince assistant to the deposing of King Richard was Lord Edmond himself Duke of York and head of that family together with Edward Earl of Rutland and Duke of Aumarl his eldest Son and Heir yea and his younger Son also Richard Earl of Cambridge Father to this Richard that now pretendeth for so do write both Stow Hollingshead and other Chroniclers of England that those Princes of the Hâ—â—â—e of York did principally assist Henry Duke of Lancaster in getting the Crown and deposing King Richard and Polidâ—r speaking of the wicked Government of King Richard and of the first Cogitation about deposing him when King Henry of Lancaster was yet in France banished and seemed not to think of any such matter he hath these words Sed Edmundo Eboâ—acensium duci ea res cum primis bilem commovit quod Rex omnia jam jura perverteret quod antea parricidio postea râ—pints se obstrinxâ—sset c. That is this matter of the wicked Government of King Richard did principally offend his Uncle Edmond Duke of York for that he saw the King now to peâ—srvert all Law and Equity and that as before he had defiled himself with Parricide that is with the murther of his own Uncle the Duke of Glocester Brother to this Edmond so now he intangled himself also with Rapine in that he took by violence the Goods and Inheritance of John of Gaunt late deceased which did belong to Henry Duke of Lancaster his Cousin-German By which words of Polidor as also for that the Duke of Lancaster coming out of Britany accompaned only with threescore persons as some stories say chose first to go into York shire and to enter at Ravenspur at the mouth of Humber as all the World knoweth which he would never have done if the Princes of York had not principally favoured him in that action all this I say is an evident argument that these Princes of the House of York were then the chief doers in this deposition and consequently cannot alledge now with reason that the said Richard was deposed uniustly Secondly the House of Lancaster alledgeth for the justifying of this deposition the opinions of all Historiographers that ever have written of this matter whether they be English French Dutch Latine or of any other Nation or Language who all with one accord do affirm that King Richards Government was intolerable and he worthy of deposition whereof he that will see more let him read Thomas of Walsingham and John Frosard in the life of King Richard Thirdly they of Lancaster do alledge the particular outrages and insolencies of King Richards Government and first the suffering himself to be carried away with evil counsel of his favorites and then the perverting of all Laws generally under his Government as before you have heard out of Polidor the joyning with his Minions for oppressing the Nobility of which Stow hath these words The King being at Bristow with Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk devised how to take away the Duke of Glocester the Earls of Arundel Warwick Darby and Nottingham and others whose deaths they conspired Thus saith Stow. And after they executed the most part of their devices for that Thomas of Woodstock Duke of Glocester was made away without Law or Process the Earl of Arundel also was put to death and Warwick was banished and so was also Thomas Arundel Archbishop of Canterbury by like Injustice and the like was done to Henry Duke of Hertford and after of Lancaster and among other insolencies he suffered Robert Vere to dishonour and put from him his Wife a Noble and goodly young Lady as Stow saith and born of Lady Isabella King Richards Aunt that was daughter to King Edward the third and suffered Vere to marry another openly to her disgrace and dishonour of her Kindred And finally in the last Parliament that ever he held which was in the 21. year of his Reign commonly called the Evil Parliament he would needs have all authority absolute granted to certain favourites of his which Thomas Walsingham saith were not above 6 or 7. to determine of all matters with all full authority as if they only had been the whole Realm which was nothing indeed but to take all authority to himself only and Stow in his Chronicle hath these words following This Parliament began about the 15. of Sept. in the year 1397. at the beginning whereof Edward Stafford Bishop of Exeter Lord Chancellor of England made a proposition or Sermon in which he affirmed that the power of the King was alone and perfect of it self and those that do impeach it were worthy to suffer pain of the Law c. thus saith Stow by all which is evident how exorbitant and contrary to all Law and Equity this Kings Government was Fourthly and lastly those of Lancaster do alledge for justifying of this deprivation that Duke Henry was called home by express Letters of the more and better part of all the Realm and that he came wholly in a manner uâ—â—rmed considering his person for that Frosard saith he had but three Ships only out of Britany and Walsingham saith he had but 15. Lances and 4â—0 foot-men and the additions to Polâ—â—hronicon as before I noted do avouch that when he landed at Ravenspur in the County of York he had but threescore men in all to begin the Reformation of
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
Polit. Diversity of Government in divers Countries and Times Rome Africa and Greece Italy Dukes for Kings and Kings for Dukes Spain Bohemia Polonia England The Jews lib. Genes Lib. Exo. Lib. Job Lib. Jud. Lib. 1. Reg. Lib. Machab The Realm chuseth her Form of Government The Commonwealth limiteth the Governours Authority A Natural Prince A Monarchy the best Government Arist. lib. 4. pol. a. c. 9. Seneca Plutarch The Antiquity of Monarchy 1 Reg. 8. Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Hierom. l. 2. epist. 12. Chrisost. ho. 23. 1 Pet. 2. Two Points to be noted How St. Peter calleth a King most excellent Utilites of a Kingdom and conveniences of other Governments Cicero l. 1. offic Democratia Miseries of Popular Government in Italy Tit. liv l. 30. Eutrop. l. 3. Oros. l. 5. 6. The cause why Laws be added to Kings Arist. l. 3 pol. c. vitâ— A notable Saying Arist. l. 3â— pol. c. 12. Arist. l. 1. Pol. c. 2. Divers â—â—â—nes and properties of Laws Cic. lib. 2. Offic. Law is the Discipline of a weal publick Psal. 2. The Counsels of Princes a great help Arist. l. 4. Pol. c. 10. The Monarchy of England temper'd The restraints of Kingly power in all Estates Roman Kings Liv. lib. 1. dâ—c 1. Greâ—ian Kings Arist. lib. 2. c. 8. polit Plutarch in Lycurg Cic. l. â— Offic. Why Kiâ—â— were restrained Laws Cic. l. 3. de legibuâ— Why Kinâ—â—ly Goverâ—â—ment we left in Rome Titus Livâ—â—â—us l. 1. dec 8. Livius ibidem Restrain's of Kingdoms in Europe Sleydon lib. 8. Aâ— 1532. Blond Dâ—â—cad 2. l. Crant li. cap. 25. Kingdoms of Polonia and Bohemia Her l. 9. Hist. Polonia Cromerus l. 3. Hist. Polon Kings of Spain France and England Concil blet 4. c. 74. concil s. c. 3. Peculiar manner of Succession An. 1340. Paul Anil Hist. Franc. l. 2. Gerard du Hailan l. 4. Hist. Franc. Fran. Belfor l. 5. c. 1 An. 1327. Reason for Succession of Women The Infanta of Spain and Prince of Lorrain Gerard dâ— Hailain lib. 13. Hiâ—â— Franc. c An. 1317 lib. 14 An. 132â— lib. 3. dâ— l'Estat de frunce Kings lawfully possessed may be deprived A markable circumstance Against Rebillions People and contemnorâ— of Princes 2 Pet. 2.10 Jude 8. Titles of Princes once settled not to be examined by private men Against flatterers that yield too much power to Princes Absurd flateries uttered by Belloy and others Belloy in apolog Cath. apolog pro Rege The purpose of the next Chapter Two points to be proved Nothing hear spoken against due respect to Princes ☜ Deprivations of Kings recounted in Scripture ☜ 1 Reg. 31. 4 Reg. 21.44 King Josias 2 Paralip 34. 2 Paralip 35. King David Xenophon in Cyropaed Ni. Machâ— l. 2. c 2. â— Tit. Liviâ— August l. de Gran. The wisdome and piety of King David 1 Paralipâ— 15. 1 Psal. 22â— 25. The Arms King David His Valour in Chivalry King David ' s Victories 2 Reg. 8. 1 Paral. 18 2 Reg. 23. Joseph l. 7. antiq c. 10 2 Reg. 7. His Humiliâ—y Charity and Devotion Kings put down among the Romans and what Successors they had Halicar l. 1 Tertul. l. de praescrip contra haeres Justin. martyr apolog T it liv l. 1 dec 1. Eutrop. l. 1 Caesar Augustus Dion in Caesa. Sueton in Câ—esa Nero Vespatian Cornel. Tacit. lib. 10 81. Egesip l. 5 Entrop in vita Caesa. Heliogabalus An. Domâ— 124. Alius lamp in vita Heliog Alexander Severus Herod in vit Sever Maxentius Constantin The bhange of the East Empire Charles the Great An. 800. Two chanâ—gs in France Belfori l. â— Girard l. â— Aemil. l. 2 Clem. Caudin en la Chroâ—nique des Roys de France Reasons Deprivation Hugo Capet Anno 988. Examples of Spain Concil Tolet. 4. cap. 4. Ambros. moral l. 11 cap. 17. Isidor in Hist. Hispan Estevan â— Garibay 13. de la â— Hist. de â—spa c. 1 Tabulae Astron. Alfonsinae King Don Alonso deposed Don Pedrâ— Crâ—el deposed Garibay l. 14. c. 40.41 In Portugal King Don Sancho 2. deposed Garibay lib. 4. de Hist. Portug c. 19. Lib. 6. dâ—â—â—cret tit de suppleâ— da cap. Grand 1. Garibay in Hist. dâ— Portug 〈◊〉 34. cap. 2. The Emperrors of Greece Galicas in Annal. part 4. Zon. Annal co 3. in vita Michael Calapha In Polonia In literis reip Polon ad Henr. Valesium pag. 182.184 Vide Gagneum part 1. de rebus Polon In Suetia Poilin 1.32 Histor de Franc. An. 1568. In Denmark Sleydanâ— l. 4. Hisâ— An. 133â— Munst. 〈◊〉 Cosmogâ— descript Davide Paulus â— vius in ris illust Example of England King Joâ—â— Deposed Polid. hiâ—â— Ang. l. 1â— An. 121. An. 1216. An. 1216. King Henry the third King Edward the second deposed Polyd. l. 18 Hist Ang. An. 1386. Stow in the Life of K. Edward the second The manner of Deprivation of a King See Stow and Hollings in this man's Life King Edward the third King Richard the second Deposed Polyd. l. 20. Hist. Aug. 1399. King Henry the 6th Deposed Polyd. lib. 23. Hist. Anglic. K. Richâ— the thiâ—â— deposedpunc An. 1â— A poâ—â— much noted The reply of the Temporal Lawer Belloy apolog Cathol c. part 2. Paragraph 9. Apol. pro. Regâ—â— cap. 9. An objection out of the Prophet Samuel 1. Reg. 8. The Power of a King or rather of a Tyrant Belloy polog pâ— 2. Paraâ— Apolâ— rege câ— 2.4 c Great aâ—surditieâ— flateriesâ— Cic. lib. 2. offic Another absurdity Institut imperial l. 2. Tit. 1. Division of goods by Civil Law Slaves and Freemen Arist. l. â— pol. c. 4 â— Arist. l. â— c. 3. Mark the Reason Divers evident reasons against Belloy 3 Reg. 21. Cap. inovamus 10. de cauebus c. super quibusdam 26. §. de verborum signif An Answer to the Objection out of the Prophet Samuel Arist. l. pol. c. 1â— Joseph l. â— antiq c. â— Deut. 1â— 3 Reg. 10. Psal. 2. By what Law Princes are punished The difference beween a private man and a Common-wealth The Prince Authority but subdelegat In reguliâ— utrinque juris vide in sine sexti Decret reg 75.69 When an Oath bindeth not Cicero li. 1. Offic. A clear Example Math. 24. Regul 68. in sine 6. Decret Decret Greg. l. Tit. 24. Decret part 2. caâ— sa 22. quâ— 4. c. 5. â— quâ— 5. perâ—â—totuâ— Two principle cases when Oath hold not â—â—wards a Prince Aemil. l. 2. Hist. Franc. Belfor in vita Childer Girad lib. 3. The Speech of the Fren. Embassador for deprivation of their King The conclusion how when Oaths do not bind Subjects The difference between a King and a Tyrant Plat. dial 1. de repub Arist. li. 2. Pol. c. 5. Bart. li. de Tyrannide Cicero li. 3. de legibus God l. 1. Tit. 14 §. digna Suet. c. 23. in Calig Zoo tom 2 in Trainâ— See in the Chapter following The Speech of a Souldier The occasion of the next Chapter The
not of the House of Lancaster The King of Scots forrain born The controversie about forrain birth How strangers may inherit Reasons why the statute toucheth not one case The Crown not holden by allegiance 5. Reason King Henrys Testament against the King of Scots Answers to the King's Testament The King of Scots excluded by the statute of association Joyning of England and Scotland together Polyd. lib 17. in vit Edw. l. Inconveniences of bringing Strangers into England A Consideration of Importance Polyd. Hist Ang. l. 8. 9. Example of Spain Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dom. 1383. Sâ—ow pa. 4. 54 59 90 76. Of â—he 〈◊〉 of Scotland Of the title of Lady Arabella An English Woman Against Arabella Not of the House of Lancaster The Testament of King Henry The countess of Darby nearer by a degree Illegitimâ—tion by â—â—sâ—ardy The Testimony of the L. William Howard Other reasons of 〈◊〉 against Arabâ—l◠〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. â— The Issue of Charles Brandon Issue of Lady Frances Stow an 7. Edon 6. The Issue of the Lady Katharine The Issue of Lady Eleanor Allegations of the Houses of Darby and Hartford the one against the other Charles Brandon had a Wife alive First Bastardy against the Issue of Hartford Stow in vit Edward An. 1553. 2 Bastardy 3 Bastardy The fourth Bastardy common to both Families of Suffolk The Answer of tâ—ose of Hartford to the foresaid Bastardies Of the marriage between the Earl of Hartford and the Lady Katharine Gray How the second Son of the Earl of Hartford may be legitimate Allegations of the House of Darby Why the Earl of Huntingtonâ—â— House is 〈◊〉 to be of the House of Clarenâ—e Issue of tâ—â— House of Clâ—rence Issue of â—iâ— Geffrey Poole The interest and pretence of the Earl of Huntington Objections against the Earl â—f Huntingtâ—n Restitution may be in blâ—â—d without restitution of dignity The Pretence of the Pooles against Huntington Objections of Religion The House of Britany The course of Inheritance in the Crown of France First pretence of the Infanta to England Polyd. in vit Guil. Ruâ—â— Second pretence of the Infanta of Spain Pretence to Aquitain Polyd in vit Johan Garib in vit Alfons Pretences to England by Lady Blanch. Stow in vit Johannis Garib l. 12 c. 38. Pretence by Arthur Duke of Britany Belfor l 3. c. 71. Hist. Fran. Election of Lewis VIII to be King of England Poâ—yd l. 5. Hist. Angl. Hollings Stow in vit Johannis Belfor l. 2. c. 67. Girrard l. 5. Histor. Baudin an 891. chron France Pretence by Descent from Henry III. Admission by Composition Objections against the Infanta's pretence The Princes of Portugal are of the House of Lancaster The Issue of Lady Philippa Qu. of Portugal Issue of â—â—hn of Gaunt 〈…〉 â—ee the Arâ—â—◠〈◊〉 â—he 〈…〉 Book The point of difficulty Issue of Catharine Swinford The principal question Answer Dutchy of Lancaster The Crown An example of Edward the sixth and of the Prince of Spain 〈◊〉 of 〈◊〉 of Portugal The Dukedom of Lancaster The Legitiâ—â—â—ion â—f Câ—thâ—rin Swinfâ—rds Chilâ—â—â—â— noâ— lawfâ—l Stow in vit Riâ—har 2. Garibay hâ—st Portugal l. 35. cap. 4. Note this example â—tow in vit Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the Lâ—gitimaâ—ion The Question between Lady Philippa and John of Somerset The Question between the Nephews 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th cannot descend to King Henry the 7th Who are the Princes of Portugal and how they pretend â—o England The Issue of King Emmanuel of Portugal Issue of K. John the 3. of Portugal K. Lewis Father of Don Antonio K. Henry Cardinal The pretence of the Qunen Mother of France to Portugal Five Pretenders of the Crown of Portugal The contention about the Succession of Portugal Attorneys sent to Portugal A Sentence of Illâ—â—â—imation against Don Antonio Writers of this Controversy The Causes why Don Antonio was pronounced Illegitimate Don Antonio his pretence to England Three principal pretenders of Portugal Pretences of the Duke of Parma For the Dutchess of Bragansa Representation excluded A Reply for â—he Duâ—e oâ— Paâ—ma King Philip 's pretence to Portugal Divers allegations for King Philip. Hieron Frakâ— Jo. Pâ—et Vipeâ— anus The case of pretence of the House of Portugal to England An objection with the answer Objections against the Pretenders of Portugal Answers Note this By what Title King Henry VII did enter About foreign power in England About Foreign Government The occasion of the next chapter about Foreign Government Reasons against foreign Government Polit. Arist. Demosthenis Philippicae in Aeschines Attempts to deliver Realms from strangers Quint. Curt. l. 5 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. l. 8. Hollings in vit Camiti The rage of the French against the English The conclusion against Strangers Authority of Scripture against strangers Deut. 15. The answer in defence of foreign Government The effect of Governments to be considered and not the Governours An Example Little importeth the Subject of what Country his Governour is so he is good 1 Reg. 12. Not the Country but the good Government importeth Note these examples Who are properly Strangers Divers manners of being under Strangers To be undder strangers by Conquest How Conquerours do proceed towards â—he Conquered Polydor Virg. l. 8. Hist. Angliae Clemensy of the Romans Lib. 1. Macchab. â—ap 8. Strangers most favoured in wise Governments Gascoynes Britons Candians States oâ— Italy The condition of the Irish under the English Of the States of Flanders Girard du Haâ—lan l. 18. an 1381. Prosperity of Flanders under the House of Austria In Guiâ—ciard nella descrittione delli pasi bassi The Authority of the Flomings at home The Indulgence miâ—d â—o offenders 〈◊〉 â—landers The Spaniard punisheth less in Italy than nearer home Vâ—ceroyes do give account of their Government Much slaughter of Nobility in England Execution of Nobility by Henry the eight Under King Edward and Queen Mary States governed happily by foreign Princes Old afflictions of Naples and Millain Whether a great or little Prince be better Pedro Mexio en vit de Antonio Piâ—â— The felicity of the Roman Government The second way of being under a foreign Prince A foreign Prince without Forces not prejudicial Note this utility of a foreign King The manner of foreign Prince more commodious for the present A third way of being under foreign Government 〈◊〉 of 〈◊〉 Gâ—veâ—â—ent Inconâ—â—â—enceâ— of tâ—â—s Government Strange Governoâ—â—â— desired in some Realm The Answer to objections against foreign Government Answer the Grecian Philosophers and Orators Demosthenes The troublsome state of the Grecian Cities Arist. l. 2. â—olit c. 1.2 â—â—â—wer to 〈◊〉 objection out of Deuteronomy Deut. 15. Secondary Lines Ambiguity of Prevailing Two Grounds of probability of speeding Three Religions in England The great Importance of Religion in this Action The next Change like to be difficult and why The consideration of the Protestant Party The Clergy The Council and Nobility Persons designed or favoured by the Protestant Party Foreign Friends of the Protestants Of the Party Puritan Persons affected by the Puritans External Friends Lutheranâ— The Puritan at home Those of the Roman Religion Tâ—e Râ—man Party grâ—at and wâ—y 1 Reg â—2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular The King of Scotland Arabella The Lord Beacham and the Earl of Darby Alliance of the Earl of Darby Aâ—â—ance of the Seymers Alliance â—â— the Stanleys Aâ—lâ—ance of the old Countess of Darby The States of the Lord Beacham and the Earl of Darby 〈…〉 Lords The Earl of Huntington 〈◊〉 of the 〈…〉 â—untingâ—â—â— The Power of London Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal Infanta of Spain Duke of Parma The Duke of Bragansa Power of foreign Pretenders The first Conjecture that there will be War and why Sup. c. 4. A consideration to be marked The second conjecture no main Battel probable The third Conjecture who is likest to prevail For the Infanta of Spain For the Earl of Hartfod's second Son Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit Steph.
two Nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdom by a publick Act of Parliament in the Town of Valliodolid after he had Reigned thirty years and his own son Don Sancho the fourth was Crowned in his place who for his valiant Acts was sur-named el bravo and it turned to great commodity of the Common-Wealth The same Common-Wealth of Spain some years after to wit about the year of Christ 1368. having to their King one Don Pedro sur-named the Cruel for his injurious proceeding with his Subjects though otherwise he were lawfully seased of the Crown as Son and Heir to King Don Alonso the twelfth and had Reigned among them eighteen years yet for his evil Government they resolved to depose him and so sent for a Bastard Brother of his named Henry that lived in France requesting him that he would come with some force of French-men to assist them in that Act and take the Crown upon himself which he did and by the help of the Spaniards and French Souldiers he drove the said Peter out of Spain and himself was Crowned And albeit Edward sur-named the black Prince of England by order of his Father King Edward the third restored once again the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned again and deprived Peter the second time and slew him in Fight hand to hand which made shew of more particular favour of God in this behalf to Henry and so he remained King of Spain as doth also his progenie enjoy the same unto this day though by nature he was a Bastard as had been said and notwithstanding that King Peter left two Daughters which were led away into England and there Married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great Nobility in conversation and prowess in Chivalry was called by excellency El cavallero the Knightly King and for his exceeding benignity and liberality was sur-named also El delas mercedes which is to say the King that gave many gifts or the liberal franck and bountiful King which was a great change from the other sur-named Cruel that King Peter had before and so you see that always I give you a good King in place of the bad deposed In Portugal also before I go out of Spain I will alledge you one example more which is of Don Sancho the second sur-named Capello fourth King of Portugal lawful Son and Heir unto Don Alonso sur-named el Gardo who was third King of Portugal This Don Sancho after he had Reigned 34. years was deprived for his defects in Government by the universal consent of all Portugal and this his first deprivation from all Kingly rule and Authority leaving him only the bare name of King was approved by a General Councel in Lions Pope Innocent the fourth being there present who at the Petition and Instance of the whole Realm of Portugal by their Embassadors the Arch-Bishop of Braga Bishop of Comibra and divers of the Nobility sent to Lyons for that purpose did Authorise the said State of Portugal to put in Supream Government one Don Alonso Brother to the said King Don Sancho who was at that time Earl of Bullen in Picardy by right of his Wife and so the Portugals did And further also a little after they deprived their said King and did drive him out of his Realm into Castilla where he liv'd all the rest of his Life in Banishment and Dyed in Toledo without ever returning and this decree of the Councel and Pope at Lyons for Authorising of this fact is yet extent in our Cannon Law in the sixt Book of Decretals now in Print And this King Don Alonso the third which in this sort was put up against his Brother was peaceably and prosperously King of Portugal all the days of his life and he was a notable King and among other great Exploits he was the first that set Portugal free from all Subjection Dependance and Homage to the Kingdom of Castile which unto his time it had acknowledged and he left for his Successor his Son and Heir Don Dionysio el Fabricador to wit the great Builder for that he Builded and Founded above forty and four great Towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other Examples could I alledge if I would examine the Lives and Descents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperors deprived for their evil Government not so much by popular Mutiny which often happened among them as by consent and grave deliberation of the whole State and weal-publick as Michael Calaphatos for that he had trodden the Cross of Christ under his Feet and was otherwise also a Wicked Man As also the Emperour Nicephorus Botoniates for his Dissolute Life and preferring Wicked Men to Authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our days by other Common-Wealths as in Polonia of Henry the third that was last King of France and before that had been Sworn King of Polonia of which Crown of Polonia he was deprived by publick Act of Parliament for his departing thence without License and not returning at his day by the said State appointed and denounced by publick Letters of Peremptory Commandment which are yet extant What should I name the Deprivations of Hen. late King of Suetia who being lawful Successor and lawfully in possession after his Father Gustanus was yet put down by that Common-Wealth and deprived and his Brother made King in his place who if you remember was in Ireland in the beginning of this Queens Reign and whose Son Reigneth at this day and is King also of Polonia and this Fact was not only allowed of at home by all the States of that Countrey but also abroad as namely of Maximilian the Emperor and approved also by the King of Denmark and all the Princes of Germany near about that Realm who saw the reasonable cause which that Common-Wealth had to proceed as it did And a little before that the like was practised also in Denmark against Cisternus their lawful King if we respect his descent in Bloud for he was Son to King John that Reigned afore him and Crowned in his Fathers life but yet afterwards for his Intolerable cruelty he was deprived and driven into Banishment together with his Wife and three Children all which were Disinherited and his Unkle Frederick Prince of Alsatia was chosen King whose Progeny yet remaineth in the Crown and the other though he were married to the Sister of Charles the fifth and last Emperour of that Name and were
John his Father and Lowys the Prince of France chosen in his place but that the death of King John did alter that Course intended by the English Nobility so as this matter is neither new nor unaccustomed in all foreign Countreys and now will I pass also a little to our English Stories to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great Variety Changes and Diversity in the Races of their Kings as any one Realm in the World it seemeth evident for that first of all after the Britains it had Romans for their Governours for many years and then of them and their Roman Bloud they had Kings again of their own as appâ—areth by that Valiant King Aurelius Ambrosius who resisted so manfully and prudently the Saxons for a time after this they had Kings of the Saxon and English Bloud and after them of the Danes and then of the Normans and after them again of the French and last of all it seemeth to have returned to the Britains again in King Henry the Seventh for that his Father came of that Race and now you know there be Pretenders of divers Nations I mean both of Scotish Spanish and Italian Bloud so that England is like to participate with all their Neighbours round about them and I for my part do feel my self much of the French opinion before-alledged that so the Ship be well and happily guided I esteem it not much important of what Race or Nation the Pilot be but now to our purpose I mean to pass over the First and Antient Ranks of Kings as well of the British and Roman as also of the Saxon Races until King Egbert the first of this name King of the West Saxons and almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon Bloud and he that first of all commanded that Realm to be called England which ever since hath been observed This man Egbert being a young Gentleman of a Noble House in the West parts of England was had in jealousy by his King Britricus who was the sixteenth King from Cerdicius first King of the West Saxons as he was also the last of his Bloud And for that he suspected that this Egbert for his great Prowess might come in time to be chosen King he banish'd him into France where he lived divers years and was a Captain under the famous King Pepin that was Father to Charles the Great and hearing afterwards that King Britricus was dead he returned into England where Polydor saith omnium consensu Rex creatur that he was created or chosen King by consent and voice of all men though yet he were not next by Propinquity of Bloud Royal as is most evident and yet he proved the most Excellent King that ever the Saxons had before or perhaps after and his Election happened in the Year of Christ eight hundred and two when King Pepin the first of that Race reigned as hath been said in France so as this Monarchy of Egbert and that of Pepin whereof we have alledged so many Examples in the former Chapter began as it were together and both of them I mean both Pepin and Egbert came to their Crowns by Election of the People as here you see This King Egbert or Egbrich as others do write him left a lawful Son behind him named Elthelwolfe or Adelvulfe or Edolph for all is one who succeeded him in the Kingdom and was as Worthy a man as his Father and this Adelvulfe again had four lawful Sons who all in their turns succeeded by just and lawful Order in the Crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former Three had any Children and all the latter Three were most Excellent Princes especially Alfred or Alvred the Last of all Four whose Acts are wonderful and who among other his Renowned Gests drove Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France where he got the Countrâ—y or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the sixth Descent This man erected also the Vniversity of Oxford being very Learned himself builded divers goodly Monasteries and Churches and dying left as famous a Son behind him as himself which was Edward the First sirnamed the Senior or Elder This King Edward dying left two Sons lawfully begotten of his Wife Edigna the one named Prince Edmund and the other Eldred and a Third Illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valor than the other he was preferred to the Crown before the Two other Princes Legitimate for so testifieth Polidor in these words Adelstanus ex concubina Edwardi filius Rex à populo consalutatur atque ad Kingstonum oppidum more majorum ab Athelmo Canâ—uariensi Archiepiscopo coronatur which is Adelstan the Son of King Edward by a Concubin was made King by the People and was Crowned according to the old custom by Athelme Archbishop of Canterbury at the Town of Kingston Thus far Polidor and Stow addeth further these words His Coronation was celebrated in the Market-place upon a Stage erected on high that the King might better be seen of the Multitude he was a Prince of worthy memory valiant and wise in all his Acts and brought this Land into one perfect Monarchy for he expelled utterly the Danes and quieted the Welchmen Thus much Stow of the Success of Chusing this King Bastard to Reign To whose Acts might be added that he conquered Scotland and brought Constantine their King to do him homage and restored â—uy d' Outremer his Sisters son to the the Kingdom of France as before hath been signified This man dying without Issue his Lawful Brother Edmond put back before was admitted to the Crown who being of excellent expectation dyed after six years and left two Lawful Sons but yet for that they were young they were both put back by the Realm and their Uncle Eldred was preferred before them so saith Polidor Genuit Edmondus ex Egilda uxere Eduinum Edgarum qui cum aetate pueri essent post Eldredum deinde regnarunt King Edmond begat of his Wife Egilda two Sons named Edwin and Edgar who for that they were but children in years were put back and Reigned afterwards after their Vncle Eldred The like saith Stow and yieldeth the same reason in these words Eldred succeeded Edmond his Brother for that his Sons Edwin and Edgar were thought too young to take so great a Charge upon them This Eldred though he entred as you see against the Right of the Nephews yet lay Polidor and
crime Secondly they say that the House of York did enter only by violence and by infinite bloudshed and by wilful murthering not only of divers of the Nobility both Spiritual and Temporal but also of both King Henry the sixth himself and of Prince Edward his Son and by a certain popular and mutinous election of a certain few Souldiers in Smithfield at London and this was the entrance of the House of York to the Crown whereas King Henry the fourth first King of the House of Lancaster entred without bloudshed as hath been shewed being called home by the requests and letters of the people and Noblity and his election and admission to the Crown was orderly and authorized by general consent of Parliament in the doing thereof Thirdly they alledge that King Henry the sixth put down by the House of York was a good and holy King and had Reigned peaceably 40. years and never committed any act worthy deposition whereas King Richard the second had many ways deserved the same as himself came to acknowledge and thereupon made a personal solemn and publick resignation of the said Crown unto his Cousen Henry of Lancaster the which justified much the said Henry's entrance Fourthly they alledge that the House of Lancaster had been in possession of the Crown upon the point of 60â— years before the House of York did raise trouble unto them for the same in which time their Title was confirmed by many Parliaments Oaths approbations and publick Acts of the Commonwealth and by the Nobles Peers and people thereof and by the States both Spiritual and Temporal and with the consent of all foreign Nations so that if there had been any fault in their first entrance yet was this sufficient to authorize the same as we see it was in the title of King William the Conqueror and of his two Sons King William Rufus and King Henry the first that entred before their elder Brether and of King John that entred before his Nephew and of his Son King Henry the third that entred after his Fathers deprivation and after the election of Prince Lewis of France as also of Edward the third that entred by deposition of his own Father of all which Titles yet might there have been doubt made at the beginning but by time and durance of possession and by confirmation of the Commonwealth they were made lawful and without controversie Fifthly they say that if we consider the four King Henrys that have been of the House of Lancaster to wit the 4 5 6 and 7 and do compare them with the other four that have been of the House of York to wit Edward the fourth Richard the third Henry the eighth and Edward the sixth and all their acts both at home and abroad what quietness or troubles have passed and what the Commonwealth of England hath gotten or lost under each of them we shall find that God hath seemed to prosper and allow much more of those of Lancaster then of those of York for that under those of Lancaster the Realm hath enjoyed much more peace and gaining far greater honour and enlarged more the dominions of the Crown then under those of York and that it had done also much more if the seditions rebellions and troubles raised and brought in by the Princes of the House of York had not hindered the same as say these men it was evidently seen in the time of King Henry the sixth when their contention against the Princes of the House of Lancaster was the principal cause why all the English States in France were lost and what garboils and troubles at home have ensued afterwards and how infinite murthers and men slaughters with change of Nobility have been caused hereby and increased afterward under the Government and rule of the Princes of York needeth not say these men to be declared One thing only they note in particular which I will not omit and let it be the sixth note and that is that the Princes of York have not only been rigorous and very bloudy unto their adversaires but also among themselves and to their kindred which these men take to be a just punishment of God upon them And for proof hereof they alledge first the Testimony of Polydor who albeit he were a great advocate of the House of York as before hath been noted for that he lived and wrote his story under King Henry the eighth yet in one place he breaketh forth into these words of the Princes of this House Cum non haberent jam inimicos in quos saevitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine sâ—as pollure manus When these Princes now had brought to destruction all those of the House of Lancaster so as they had no more enemies upon whom to fill and satiate their cruelty then began they to exercise their fierceness upon themselves and to imbrew their hands with their own bloud Thus far Polydor. Secondly they do shew the same by the deeds of both sides for that the love union trust confidence faithfulness kindness and Loyalty of the Princes of Lancaster the one towards the other is singular and notorious as may appear by the acts and studious endeavours of the Lord Henry Bishop of Winchester and Cardinal and of the Lord Thomas Duke of Exceter and Marquis of Dorset Brothers of King Henry the fourth to whom and to his Children they were most faithful friendly and loyal as also by the noble proceedings of the Lords Thomas Duke of Clarence John Duke of Bedford and Humphry Duke of Glocester Sons of the forâ—said Henry the fourth and brothers of King Henry the fifth the first of which three gave his bloud in his service and the other two spent their whole lives in defence of the dignity of the English Crown the one as Regent of France the other as Protector of England by the worthy acts also and renowned faithfulness of the Dukes of Somerset Cousen-jeâ—â—ans to the said King Henry the fourth and to his Children and the proper Ancestors of King Henry the VII all which Dukes of Somerset of the House of Lancaster being five or six in number did not only as Polydor saith assist and help their Soveraign and the whole Realm Vigiliis curis periculis that is to say with watchfulness carâ—s and offering themselves to dangers but also four of them one after another to wit Edmond with his three Sons Henry Edmond and John whereof two successively after him were Dukes of Somerset and the Marquess of Dorset were all four I say as so many Maccabees slain in the defence of their Country and Family by the other faction of the House of York which thing say these men shewed evidently both a marvelous confidence that these men had in their quarrel as also a great blessing of God towards that Family that they had such love and union among themselves But now
far greater as now they live than in that case it would be suffered their King coming hereby to be of greater Power to force them to the form of English Subjection as no doubt but in time he would And seeing the greatest utility that in this Case by reason and probability can be hoped for by this Union is That the Scotish Nation should come to be advanced in England and to be made of the Nobility both Temporal and Spiritual and of the Privy-Council and other like Dignities of Credit and Confidence for otherwise no union or amity can be hoped for and considering That the King both for his own safety as hath been said as also for gratitude and love to his allied Friends must needs plant them about him in chief places of Credit which are most opposite to English Natures and by little and little through occasion of Emulations and of Controversies that will fall out daily betwixt such diversity of Nations he must needs secretly begin to favour and fortifie his own as we read that William the Conquerour did his Normands and Canutus before him his Danes to the incredible Calamity of the English Nation though otherwise neither of them was of themselves either an evil King or an Enemy to the English-Bloud but driven hereunto for their own safety and for that it was impossible to stand Newter in such national Contentions If all this I say fell out so then as we know it did and our Ancestors felt it to their extreme Ruine what other effect can be hop'd for now by this violent union of Nations that are by nature so dis-united and opposite as are the English Scotch Irish Danish French and other on them depending which by this means must needs be planted together in England And if we read that the whole Realm of Spain did refuse to admit St. Lewis King of France to be their King in Spain to whom yet by Law of Succession it was evident and confessed by the Spaniards themselves as their Chronicler Garibay writeth that the Right most clearly did appertain by his Mother Lady Blanch eldest Daughter and Heir of King Alonso IX and that they did this only for that he was a French-man and might thereby bring the French to have chief Authority in Spain And if for this Cause they did agree together to give the Kingdom rather to Ferdinando III. that was Son of Lady Berenguela younger Sister to the said Lady Blanch and if this determination at that time was thought to be wise and provident tho' against all right of Lineal Succession and if we see that it had good success for that it endureth unto this day what shall we say in this case say these men where the King in question is not yet a St. Lewis nor his Title to England so clear as that other was to Spain and the aversion â—etwixt his Nation and ours much greater than was that betwixt the French and Spanish Thus they do reason Again we heard out of the discourse made by the Civilian before how the States of Portugal after the death of their King Don Ferdinando the second of that Name who left one only Daughter and Heir named Lady Beatrix married unto John I. King of Castile to whom the Succession without all Controversie did appertain they rather determined to chuse for their King a Bastard-brother of the said Don Ferdinando named John than to admit the true Inheritrix Beatrix with the Government of the Castilians by whom yet they being much the richer People the Portugals might hope to reap far greater utility than English-men can do by Scotland considering it is the poorer Countrey and Nation And this is that in effect which these men do answer in this behalf noting also by the way that the Romans themselves with all their Power could never bring Union or Peace between these two Nations of England and Scotland nor hold the Scots and North-Irish in Obedience of any Authority in England and so in the end they were enforced to cut them off and to make that famous Wall begun by Adrian and pursued by other Emperours to divide them from England and bar them from joyning as all the World knoweth and much less shall any one King in England now hold them all in Obedience let him be of what Nation he will And this for the utility that may be hoped for by this Union But now for the point alledged by the favourers of Scotland about establishment of true Religion in England by the entrance of this King of Scots these other men do hold that this is the worst and most dangerous point of all other considering what the state of Religion is in Scotland at this day and how different or rather opposite to that form which in England is maintained and when the Archbishops Bishops Deans Archdeacons and other such of Ecclesiastical and Honourable Dignities of England shall consider that no such Dignity or Promotion is left now standing in Scotland no nor any Cathedral or Collegiate Church is remained on foot with the Renâ—s and Dignities thereunto appertaining and when our Nobility shall remember how the Nobility of Scotland is subject at this day to a few ordinary and common Ministers without any Head who in their Synods and Assemblies have Authority to put to the Horn and drive out of the Realm any Noble-man whatsoever without remedy or redress except he will yield and humble himself to them and that the King himself standeth in aw of this exorbitant and popular power of his Ministers and is content to yield thereunto It is to be thought say these men that few English be they of what Religion or Opinion soever will shew themselves forward to receive such a King in respect of his Religion that hath no better Order in his own at home And thus much concerning the King of Scotland Now then it remaineth that we come to treat of the Lady Arabella second Branch of the House of Scotland touching whose Title though much of that which hath been said before for or against the King of Scotland may also be understood to appertain unto her for that she is of the same House yet I shall in this place repeat in few words the principal points that are alledged in her behalf or prejudice First of all then is alledged for her and by her â—avourers that she is descended of the foresaid Lady Margaret eldest Daughter of King Henry VII by her second Marriage with Archibald Douglas Earl of Anguis and that she is in the third degree only from her for that she is the Daughter of Charles Stuart who was Son of Margaret Countess of Lenox Daughter to the said Lady Margaret Queen of Scots so as this Lady Arabella is but Neece once removed unto the said Queen Margaret to wit in equal degree of descent with the King of Scots which King being excluded as the favourers of this Woman do
States of that Crown before his two Sisters that be elder then he and so likewise say these men ought John of Somerset to have done before Philippa his eldest Sister if he had been alive at that time when King Henry the sixth was put down and died and consequently his posterity which are the descendents of King Henry the seventh ought to enjoy the same before the Princes of Portugal that are the descendents of Lady Philippa his Sister Thus say the issue of King Henry the seventh But to this the Princes of the House of Portugal do reply and say first That by this it is evident at least that the Dukedom of Lancaster whereof the Lady Blanch was the only Heir must needs appertain to them alone and this without all doubt or controversie for that they only remain of her Issue after extinguishing of the posterity of her elder Brother King Henry the fourth which was extinguished by the death of King Henry the sixth and of his only son Prince Edward and for this they make no question or controversie assuring themselves that all Law right and equity is on their side Secondly Touching the Succession and right to the Kingdom they say that John Earl of Somerset being born out of Wedlock and in Adultery for that his Father had an other Wife alive when he begot him and he continuing a Bastard so many years could not be made Legitimate afterward by Parliament to that effect of Succession to the Crown and to deprive Queen Philippa of Portugal and her Children born before the other Legitimation from their right and Succession without their consents for that John King of Portugal did Marry the said Lady Philippa with condition to enjoy all Prerogatives that at that day were due unto her and that at the time when John of Gaunt did Marry the said Lady Catherine Swinford and made her Children Legitimate by Act of Parliament which was in the year of Christ 1396. and 1397. the said Lady Philippa Queen of Portugal had now two Sons living named Don Alonso and Don Edwardo which were born in the years 1390. and 1391 that is six years before the Legitimation of John Earl of Somerset and his Brethren and thereby had jus acquisitum as the Law saith which right once acquired and gotten could not be taken away by any Posterior Act of Parliament afterward without consent of the parties Interessed for which they do alledge divers places of the Canon Law which for that they hold not in England I do not cite but one example they put to shew the inconvenience of the thing if it should be otherwise determined then they affirm which is that if King Henry the eighth that had a Bastard Son by the Lady Elizabeth Blunt whom he named Henry Fitz-roy and made him both Earl of Nottingham and Duke of Richmond and Somerset in the 18 th year of his Reign at what time the said King had a lawful Daughter alive named the Princess Mary by Queen Catherine of Spain if I say the King should have offered to make this Son Legitimate by Parliament with intent to have him succeeded after him in the Crown to the prejudice and open injury of the said lawful Daughter these Men do say that he could not have done it and if he should have done it by violence it would not have held and much less could John of Gaunt do the like being no King Nor was the Act of Parliament sufficient for this point it being a matter that depended especially say these men of the Spiritual Court and of the Canon Law which Law alloweth this Legitimation no further but only as a Dispensation and this so far forth only as it doth not prejudice the right of any other Neither helpeth it any thing in this matter the Marriage of John of Gaunt with Lady Catherine for to make better this Legitimation for that as hath been said their Children were not only naturales but Spurij that is to say begotten in plain Adultry and not in simple Fornication only for that the one party had a Wife alive and consequently the priveledge that the Law giveth to the Subsequent Marriage of the Parties for legitimating such Children as are born in simple Fornication that is to say between parties that were single and none of them married cannot take place here So as these men conclude that albeit this Legitimation of Parliament might serve them to other purposes yet not to deprive the Princes of Portugal of their Prerogative to succeed in their Mothers Right which she had when she was married to their Father And this they affirm to have been Law and Right at that time if the said Queen Philippa and Earl John had been alive together when Henry the sixth and his Son were put to death and that this Question had been then moved at the death of King Henry the sixth Whether of the two to wit either the said Queen Philippa or her younger Brother John Earl of Somerset by the Fathers side only should have succeeded in the Inheritance of King Henry the sixth In which case these men presume for certain that the said Queen Philippa legitimately born and not John made legitimate by Parliament should have succeeded for that by common course of â—aw the Children legitimated by favour albeit their legitimation were good and lawful as this of these Children is denied to be yet can they never be made equal and much less be preferred before the lawful and legitimate by Birth But now say these men the case standeth at this present somewhat otherwise and more for the advantage of Queen Philippa and her Off-spring For when King Henry the sixth and his Son were extinguished and Edward Duke of York thrust himself in to the Crown which was about the year of Christ 1471. the foresaid Princess and Prince Lady Philippa and Earl John were both dead as also their Children and only their Nephews were alive that is to say there lived in Portugal King Alfonsus the fifth of that name Son to King Edward which King Edward was Child to Queen Philippa and the death of King Henry the sixth of England happened in the 38 th year of the Reign of the said Alfonsus And in England lived at the same time Lady Margaret Countess of Richmond Mother of King Henry the seventh and Neece of the foresaid John Earl of Somerset to wit the Daughter of his Son John Duke of Somerset So as these two Competitors of the House of Lancaster that is to say King Alfonsus and Lady Margaret were in equal degree from John of Gaunt as also from King Henry the sixth saving that King Alfonsus was of the whole Bloud as hath been said and by Queen Philippa that was legitimate and the Countess of Richmond was but of the half bloud as by John Earl of Somerset that was a Bastard legitimated The Question then is Which of these two should have
power of the Party Puritan and much of the Protestant this Earl was thought to be in very great forwardness But now these great Pillers being failed and no Issue yet remaining by the said Countess his Wife no man can assure himself what the success will be especially seeing that of the three Bodies of different Religions before described it is thought that this Earl hath incurred deeply the hatred of the one and perhaps some jealousy and suspicion of the other but yet others do say and no doubt but that it is a matter of singular importance if it be so that he is like to have the whole Power of London for him which City did prevail so much in advancing the Title of York in King Edward the IV. his time as it made him King twice to wit once at the beginning when he first apprehended and put down King Henry the VI. and the second time when he being driven out of the Kingdom by his Brother the Duke of Clarence and Richard Earl of Warwick he returned from Flanders upon hope of the favour of the Londoners and was in deed received favoured and set up again by them especially and by the helps of Kent and other places adjoining and depending of London and so it may be that the Favourers of this Earl do hope the like success to him in time by this potent City For the Houses of Britanny and Portugal I shall joyn them both together for that they are strangers and the Persons thereof so nigh linked in kindred affinity and friendship as both their Titles Forces and Favours may easily be joyned together and imparted the one with the other as to themselves shall best appear convenient The Lady Infanta of Spain pretendent of the House of Britanny is eldest Daughter of King Philip as all the World knoweth and dearly beloved of him and that worthily as all men report that come from thence for that she is a Princess of rare parts both for Beauty Wisdom and Piety The two young Princes of Parma I mean both the Duke and his Brother the Cardinal are Imps in like manner of great expectation and divers ways near of kin to the said King for that by their Fathers side they are his Nephews that is the Children of his Sister and by their Mothers side almost as near for that they are Nephews of his Uncle Prince Edward Infant of Portugal In like nearness of Blood are the Dutchess of Bragansa and her Children unto the said King which Children are many as hath been shewed and all of that rare vertue and valour and of that singular affection unto the English Nation as it is wonderfull to hear what men write from those Parts and what others do report that have travelled Portugal and seen those Princes and tasted of their magnificent liberality so as I have heard divers rejoyce that are affected that way to understand that there do remain such Noble Off-spring yet in Foreign Countries of the true and ancient Blood Royal of England What the Powers and Possibilities of all these Princes of the House of Portugal be or may be hereafter for pursuing their Right shall not need to be declared in this place for that all the World doth know and see the same yet all seemeth to depend of the Head and Root which is the King of Spain himself and the young Prince his Son whose States and Forces how and where they lie what alliance friends subjects or followers they have or may have it is easy to consider but what part or affection of men they have or may have hereafter in England it self when time shall come for the determining of this matter no man can tell at this present and what Plots agreements compartitions or other conclusions may be made at that day time only must teach us so as now I know not well what to say further in this Affair but only commend it to God's High Providence and therefore I pray you quoth the Lawyer let me end with this only that already I have said and pardon me of my former promise to put my opinion or guess about future matters and what may be the success of these Affairs for besides that I am no Prophet or son of Prophet to know things to come I do see that the very circumstances of Conjecture which are the only Foundation of all Prophecy which in this case can be made are so many and variable as it is hard to take hold of any of them Thus he said and fain would have left off here but that the whole Company opposed themselves with great vehemency against it and said that he must needs perform his promise made at the beginning of this Speech to give his censure and verdict in the end what he thought would be the Success of all these Matters whereunto he answered that seeing no nay would serve he briefly quit himself by these few words following First of all said he my opinion is that this Affair cannot possibly be ended by any possibility moral without some War at least wise for some time at the beginning whereof my Reasons be these that do ensue This matter cannot be disputed and determined during the life of the Queen that now is without evident danger of her Person for the reasons that all men do know importing such perils as are wont to follow like cases of declaring Heirs apparent especially her Majesty the present possessor growing now to be old and without hope of Issue This declaration and determination of the Heir apparent to the Crown if it should be made now would move infinite humours and affections within the Realm and it were to stirr coals and to cast firebrands over all the Kingdom and further perhaps also which now lie raked up and hidden in the Embers This dâ—â—â—rmination though it should be made now by Parliament or Authority of the present Prince would not end or take away the root of the controversy for albeit some that should be passed over or put back in their pretences would hold their peace perhaps for the time present yet afterward would they both speak and spurn when occasion is offered This declaration now if it were made would be hurtful and dangerous for him that should be declared for on the one side it would put the Prince regnant in great jealousy and suspicion of him and on the other side would joyn and arm all the other pretenders and their favourers against him and so we read that of two or three only that in all our Histories are recounted to have been declared Heirs apparent to the Crown they being no Kings Children none of them ever came to reign as namely Duke Arthur of Britanny Roger Mortimer Earl of March and John de la Poole Earl of Lincoln and Henry Marquess of Exeter as before hath been declared Again the multitude of Pretenders being such as it is and their pretentions so
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