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
as also he left a little Infant newly born of his lawful Wife Adeltrude Daughter to King Alfred of England which infant was King of France afterwards by the name of Charles the Simple albeit not immediatly after the death of his Father for that the Nobles of France said that they had need of a Man to be King and not a Child as Gerard reporteth and therefore the whole State of France chose for their Kings the two foresaid Bastards Luys the third and Carlomon the First of that name jointly and they were Crowned most solemnly and divided the whole Realm between them in the year of Christ 881. and Queen Adelâ—rude with her child true Heir of France fled into England to her Father and there brought him up for divers years in which time she saw four or five Kings Reign in his place in France one after the other for briefly thus it passed Of these two Bastard Kings the Elder named Luys reigned but four years and died without issue the second that is Carlomon lived but one year after him and left a son called also Luys which succeeded in the Kingdom by the name of Luys the Fifth and sirnamed Faineant for his idle and slothful life For which as also for his vitious behaviour and in particular for taking out and marrying a Nun of the Aâ—bey of S. Baudour at Chels by Paris he was deprived and made a Monk in the Abbey of S. Denis where he died and in his place was chosen King of France and Crowned with great Solemnity Charles the Fourth Emperour of Rome sirnamed le Gros for that he was fat and corpulent he was Nephew to Charles the Bald before mentioned and therefore the French Stories say that he came to the Crown of France partly by Succession and partly by Election but for Succession we see that it was nothing worth for so so much as Charles the Simple the right Heir was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already as you have heard but afterwards also again when this Gross Charles was for his evil Government by them deposed and deprived not only of the Kingdom of France but also of his Empire which he had before he was King and was brought into such miserable penury as divers write that he perished for want At this time I say the States of France Would not yet admit Charles the Simple though hitherto his Simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris and Duke of Angiers and caused him to be Crowned But yet after a few years being weary of this man's Government and moved also somewhat with compassion towards the Youth that was in England they resolved to depose Odo and so they did whilst he was absent in Gascony and called Charles the Simple out of England to Paris and restored him to the Kingdom of France leaving only to Odo for Recompense the State of Aquitaine with Title of a Duke wherewith in â—ine he contented himself seeing that he could get no more But yet his Posterity by vertue of this Election pretended ever after a Title to the Crown of France and never left it off until at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This King Charles then sirnamed the Simple an English Womans Son as you have heard being thus admitted to the Crown of France he took to Wife an English Woman named Elgina or Odin Daughter of King Edward the Elder by whom he had a Son named Lowys and himself being a Simple man as hath been said was allured to go to the Castle of Peronne in Picardy where he was made Prisoner and forced to resign his Kingdom unto Ralph King of Burgundy and soon after he dyed through Misery in the same Castle and his Queen Ogin fled into England with her little son Luys unto her Uncle King Adelstan as Queen Adeltrude had done before with her Son unto King Alfred and one of the Chief in this Action for putting down of the Simple was Counte Hugh sirnamed the Great Earle of Paris Father unto Hugo Capetus which after was King But this new King Ralph lived but three Years after and then the States of France considering the right Title of Luys the lawful child of King Charles the Simple which Luys was commonly called now in France by the name of d' Outremer that is beyond Sea for that he had been brought up in England the said States being also greatly and continually solicited hereunto by the Embassadours of King Adelstan of England and by William Duke of Normandy sirnamed Long Spear Great Grandfather to William the Conquerour who by the King of England was gained also to be of the young Princes part for these Considerations I say they resolved to call him into France out of England as his Father had been before him and to admit and Crown him King and so they did and he Reigned 27 Years and was a good Prince and dyed peaceably in his Bed in the Year of Christ 945. This King Luys d' Outremer left two Sons behind him the Eldest was called Lothaire the First who succeeded him in the Crown of France the Second was named Charles whom he made Duke of Loraine Lothaire dying left one onely Son named Luys as his Grandfather was who was King of France by the name of Luys the V. and dying without issue after two Years that he had Reigned the Crown was to have gone by Lineal Succession unto his Uncle Charles the Duke of Lorayne second Son to Luys d' Outremer as is evident but the States of France did put him by it for mislike they had of his Person and did chuse Hugo Capetus Earl of Paris and so ended the Second Line of Pepin and of Charles the Greâ—t and entred the Race of Hugo Capetus which endureth unto this day and the French Stories do say that this Sirname Capet was given to him when he was a boy for that he was wont to snatch away his Fellows Caps from their Heads whereof he was termed Snatch-Cap which some do interpret to be an Abodement that he should snatch also a Crown from the true Owners Head in time as afterwards we see it fell out though yet he had it by Election and Approbâ—tion of the Commonwealth as I have said And in this respect all the French Chroniclers who otherwise are most earnest Defenders of their Law of Succession do justify this Title of Hugo Capetus against Charles for which cause Francis Belforest doth alledge the saying of William Nangis an antient and diligent-Chronicler of the Abbey of S. Denys in France who defendeth King Capetus in these words We may not grant in any case that Hugh Capet may be esteemed an Invader or Vsurper
Constance as also by divers other participations of the Bloud-Royal of England as afterwards will appear Now then to come to the second Daughter of King William the Conquerour or rather the third for that the first of all was a Nun as before hath been noted her name was Adela or Alice as hath been said and she was Married in France to Stephen Count Palatine of Champagne Charters and Bloys by whom she had a Son called also Stephen who by his Grand Mother was Earl also of Bullaine in Picardy and after the death of his Uncle King Henry of England was by the favour of the English Nobility and especially by the help of his own Brother the Lord Henry of Blâ—is that was Bishop of Winchester and Jointly Abbot of Glastenbury made King of England and this both in respect that Mathilda Daughter of King Henry the first was a Woman and her Son Henry Duke of Anjou a very child and one degree farther off from the Conqueror and from King Rufus then Stephen was as also for that this King Henry the first as hath been signified before was judged by many to have entred wrongfully unto the Crown and thereby to have made both himself and his posterity incapable of Succession by the violence which he used against both his elder Brother Robert and his Nephew Duke William that was Son and Heir to Robert who by nature and Law were both of them hold for Soverains to John by those that favoured them and their pretentions But yet howsoever this were we see that the Duke of Britainy that lived at that day should evidently have succeeded before Stephen for that he was descended of the elder Daughter of the Conqueror and Stephen of the younger though Stephen by the commodity he had of the nearness of his Port and Haven of Bullain into England as the French stories do say for Calis was of no importance at that time and by the friendship and familiarity he had goten in England during the Reign of his two Uncles King Rufus and King Herny and especially by the heâ—p of his Brother the Bishop and Abbot as hath been said he got the start of all the rest and the states of England admitted him This man although he had two Sons namely Eâ—stachius Duke of Normandy and William Earl of Norfolk yet left they no Issue And his Daughter Mary was Married to Matthew of Flanders of whom if any Issue remains it fell afterwards upon the House of Austria that succeeded in those States To King Stephen who left no Issue succeeded by composition after much War Henry Duke of Anjou Son and Heir to Mathilda before named Daughter of Henry the first which Henry named afterward the second took to his Wife Eleanor Daughter and Heir of William Duke of Aquitain and Earl of Poytiers which Eleanor had been Married before to the King of France Lewis the VII and bare him two Daughters but upon dislike conceaved by the one against the other they were Divorced under pretence of being within the fourth degree of Consanguinity and so by second Marriage Eleanor was Wife to this said Henry who afterwards was King of England by name of King Henry the II. that procured the death of Thomas Backet Archbishop of Canterbury and both before and after the greatest Enemy that ever Lewis the King of France had in the World and much the greater for his Marriage by which Henry was made far stronger for by this Woman he came to be Duke of all Aquitain that is of Gascony and Guiene and Earl of all the Country of Poytiers whereas before also by his Fathers inheritance he was Duke both of Anjou Touraine and Maine and his Mother Mathilda King Henries Daughter of England he came to be King of Enland and Duke of Normandy and his own industry he got also to be Lord of Ireland as also to bring Scotland under his homage so as he enlarged the Kingdom of England most of any other King before or after him This King Henry the II. as Stow recounteth had by Lady Eleanor five Sons and three Daughters His eldest Son was named William that dyed young his second was Henry whom he caused to be crowned in his own Life time whereby he received much trouble but in the end this Son dyed before his Father without issue His third Son was Richard sirnamed for his valour Cor de Leon who reigned after his Father by the name of Richard the I. and dyed without issue in the Year of Christ 1199. His fourth Son named Geffrey married Lady Constance Daughter and Heir of Britany as before hath been said and dying left a son by her named Arthur which was Duke of Britany after him and pretended also to be King of England but was put by it by his Uncle John that took him also Prisoner and kept him also in the Castle first of Fallaise in Normandy and then in Rouan until he caused him to be put to death or slew him with his own hands as French Stories write in the Year 1204 This Duke Arthur left behind him two Sisters as Stow writeth in his Chronicles but others write that it was but one and at least wise I find but one named by the French Stories which was Eleanor whom they say King John also caused to be murthered in England a little before her Brother the Duke was put to death in Normandy and this was the end of the Issue of Geffrey whose Wife Constance Dutchess of of Britany married again after this Murther of her Children unto one Guy Vicount of Touars and had by him two daughters whereof the eldest named Alice was Dutchess of Britany by whom the Race hath been continued unto our time The Fifth Son of King Henry the II. was named John who after the death of his Brother Richard by help of his Mother Eleanor and of Hubert Archbishop of Canterbury drawn thereunto by his said Mother got to be King and put back his Nephew Arthur whom King Richard before his departure to the War of the Holy Land had caused to be declared Heir apparent but John prevailed and made away both Nephew and Neece as before hath been said for which Fact he was detested of many in the World abroad and in France by Act of Parliament deprived of all the States he had in those parts Soon after also the Pope gave sentence of Deprivation against him and his own Barons took Arms to execute the sentence and finally they deposed both him and his young Son Henry being then but a Child of eight years old and this in the eighteenth year of his Reign and in the Year of Christ 1215. and Lewis the VIII of that name Prince at that time but afterwards King of France was chosen King of England and sworn in London and placed in the Tower though soon after by the sudden death of King John
same House as descended by the daughter of the first Brother Edward Duke of York and King of England and then the Earl of Huntington and his generation as also the Pools Barringtons and others before named are or may be Titlers of York as descended of George Duke of Clarence second Son of Richard Duke of York all which Issue yet seem to remain only within the compass of the House of York for that by the former Pedegree of the House of Lancaster it seemeth to the favourers of this House that none of these other Competitors are properly of the Line of Lancaster for that King Henry the 7th coming only of John of Gaunt by Catharine Swinford his third Wife could have no part in Lady Blanch that was only Inheritor of that House as to these men seemeth evident Only then it remaineth for the ending of this Chapter to explain somewhat more clearly the descent of King Henry the 7th and of his Issue For better understanding whereof you must consider that King Henry the 7th being of the House of Lancaster in the manner that you have heard and marrying Elizabeth the eldest daughter of the contrary House of York did seem to joyn both Houses together and make an end of that bloudy controversie though others now will say no But howsoever that was which after shall be examined clear it is that he had by that marriage one only Son that left Issue and two daughters his Son was King Henry the 8th who by three several Wives had three Children that have reigned after him to wit King Edward the 6th by Queen Jane Seymer Queen Mary by Queen Catharine of Spain and Queen Elizabeth by Queen Anne Bullen of all which three Children no Issue hath remained so as now we must return to consider the Issue of his daughters The eldest daughter of King Henoy the seventh named Margaret was married by her first mariage to James the fourth King of Scots who had Issue James the fifth and he again Lady Mary late Queen of Scots and Dowager of France put to death not long ago in England who left Issue James the sixth now King of Scots And by her second marriage the said Lady Margaret after the death of King James the fourth took for husband Archibald Douglas Earl of Angus in Scotland by whom she had one only daughter named Margaret which was married to Matthew Steward Earl of Lenox and by him she had two Sons to wit Henry Lord Darly and Charles Steward Henry married the foresaid Lady Mary Queen of Scotland and was murthered in Edenbrough in the year 1566. as the World knoweth and Charles his Brother married Elizabeth the daughter of Sir William Candish in England by whom he had one only daughter yet living named Arabella another competitor of the Crown of England by the House of York and thus much of the first daughter of King Henry the seventh Mary the second daughter of King Henry the seventh and younger Sister to King Henry the eighth was married first to Lewis the XII King of France by whom she had no Issue and afterward to Charles Brandon Duke of Suffolk by whom she had two daughters to wit Frances and Eleanor the Lady Frances was married first to Henry Gray Marquess of Dorset and after Duke of Suffolk beheaded by Queen Mary and by him she had three daughters to wit Jane Catharine and Mary the Lady Jane eldest of the three was married to Lord Guilford Dudly Son to John Dudly late Duke of Northumberland with whom I mean with her Husband and Father in Law she was beheaded soon after for being proclaimes Queen upon the death of King Edward the sixth the Lady Catharine second daughter married first the Lord Henry Herbert Earl of Pembroke and left by him again she dyed afterward in the Tower where she was prisoner for having had two Children by Edward Seymer Earl of Hertford without sufficient proof that she was married unto him and the two Children are yet living to wit Henry Seymer commonly called Lord Beacham and Edward Seymer his Brother The Lady Mary the third Sister though she was betrothed to Arthur Lord Gray of Wilton and married after to Martin Keyes Gentleman-Porter yet hath she left no Issue as far as I understand This then is the end of the Issue of Lady Frances first of the two daughters of Queen Mary of France by Charles Brandon Duke of Suffolk for albeit the said Lady Frances after the beheading of the said Henry Lord Gray Duke of Suffolk her first Husband married again one Adrian Stokes her Servant and had a Son by him yet it lived not but dyed very soon after Now then to speak of the younger daughter of the said French Queen and Duke named Eleanor she was married to Henry Clifford Earl of Cumberland who had by her a daughter named Margaret that was married to Lord Henry Stanley Earl of Darby by whom she hath a plentiful Issue as Ferdinand now Earl of Darby William Stanley Francis Stanley and others and this is all that needeth to be spoken of these descents of our English Kings Princes Peers or Competitors to the Crown for this place and therefore now it resteth only that we begin to examine what different pretentions are fram'd by divers Parties upon these descents and Genealogies which is the principal point of this our discourse CHAP. IV. Of the great and general controversie and contention between the two Houses Royal of Lancaster and York and which of them may seem to have had the better Right to the Crown by way of Succession ANd first of all before I do descend to treat in particular of the different pretences of several persons and families that have issued out of these two Royal lineages of Lancaster and York it shall perhaps not be amiss to discuss with some attention what is or hath or may be said on both sides for the general controversie that lyeth between them yet undecided in many mens opinions notwithstanding there hath been so much stir about the same and not only writing and disputing but also fighting and murthering for many years And truly if we look into divers Histories Records and Authors which have written of this matter we shall find that every one of them speaking commonly according to the time wherein they lived for that all such as wrote in the time of the three Henries fourth fifth and sixth Kings of the House of Lancaster they make the title of Lancaster very clear and undoubted but such others as wrote since that time while the House of York hath held the Scepter they have spoken in a far different manner as namely Polydor that wrote in King Henry the VIII his time and others that have followed him since to take all right from the House of Lancaster and give the same to the House of York wherefore the best way I suppose will be not so much to consider
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
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
Lancaster Joan eldest Daughter married to L. Mowbray Mary second Daughter married to Hen. L. Percy Hen. 2d Son Earl of Lancaster Darby and Lâ—icester H. II. 1st D. of Lancaster made by Edward III. J. of Ga. 3d. Son of Ed. D. of Lanâ— by his 1st Wife Blanch Heir of Lancaster first Wife to Jo. of Gaunt 13. Hen. IV. first King of the House of Lanc. 1406. 14. Henry V. King of England 1414. 15. Hen. VI. deposed by the House of York Edw. Prince of Wâ—les slain by the house of York Eleanor 3â— Daughter married to â— E. of Arunâ—el The 1st Son Earl of Lancaster died without issue John the 3d. Son Earl of Darby Edmond Crockbâ—â—k 2d Son Earl of Lancaster 8. Henry III. succeeded his Father John 1316. 9. Edward I. Son of Henry III. reigned 1272. 10. Edward II. afterward deposed 11. Edw. III fâ—om whom bâ—gan the â—â—uses of Lan â— York 1326. Edw. Prince of Wales 1st Son died before his Fath. 12. Richard II. deposed by H. D. of Lanc. 1460. The House of Britany by the Second â—â—ay Beatrix married to John II. Duke of Britany Arth. II. D. of Brit. whose title ends in the Inf. of Sp. John II. that married Beatrix John the first of that name D. of Britany The House of Devonshire H. D. of Exeter had no issue and left all to 's sister Ann married to Siâ— T. Nevil Father of R. J. E. of West John Holland D. of Exeter Son of Elizabeth Elizabeth 2d Daughter married to J. H. D. of Exet. The House of PORTUGAL Philippa eldest daughter married to John I. K. of Port. Edward I. K. of Port. Son of Queen Philippa Alfonsus V. eldest Son King of Portugal John II. King of Portugal Ferdinand â—d Son D. of Viseo in Portugal Emmanuel King of Portugal Son of D. Ferdinand Henry 3d. Son Cardinal and K. of Portugal John III. eldest Son K. of Portugal John Prince of Portugal died before his Father Sebastian K. of Portugal slain in Barbary Lewis 2d Son never married Anthony Illegitimate Son of Lewis Isabel eldest Daughter of K. Em. born next K. John The Line of Castile Const. Heir of K of Castile 2d Wife of Jo. of Gaunt Catherine married to K. Henry III. of Castile John I. King of Castile Son of Catherine Isab. married to Ferd. K. of Aragâ—n sirnam'd Cathaâ— Joan marrito Philip I. Arch-Duke of Austria Chacees V. Emperour and King of Spain Philip II. King of Spain Isabel 〈◊〉 ta of Spain eldest Daughter Philip III. prince of Spain Cathar 2d Daughter married the D. of Savâ—y Edward Infanta of Portugal younger Son Katharine 2 daughter married to John D. of Bragansa Theodosius Duke of Bragansa Edward Alexander Philip Brothers of Theâ—dosius Mary eldest Daughter married Al. D. of Parma Ranutius the first Son D. of Parma Edward 2d Son Cardinal The House of Clarence Lionel 2d son D. of Clarence died before his Father Philipa married to Edm. Mortimer E. of March Roger Mort. 4th E. of March died in Ireland Ed. Mortim. E. of March slain in Irel. without Issu Mortim. younger son died without Issue The House of Buckingham Edm. of Langly D. of York 4th Son of K. Edward Edw. eldest Son D. of York had no Issue Th. of Woodst D. of Glo. 5th son of E. III. slain by his Neph Rich. Ann mar to â— L. Staf. whereby they become Duke of Bucks The House of YORK Richard â—d Son D. of York husband of Ann Ann Mort. mar the D. of York by which they claim R. Plantagâ—net D. of York 1 st pretendâ—r of that house 18. Rich. III. 2d Son of Rich. D. of York 1483. Edw. Prince of Wales died without Issue George Duke of Clarence 2d Son of Richard Edward Earl of Warwick put to death by H. VII Margaret Countess of Salisbury married of Rich. Pâ—ol Reginald Pool died Cardinal so England Hon. I. Mâ—â—tague â—â—t Son put to death by Henry VIII Winifred 2d daughter maried to S. T. Barington Catharine married to S. F. Hâ—stings E. of Hunting H. Hastings â—arl of Hantington and his Brethren Geffry Pool Knight Geffry Pool Arthur and Geffry Pool Sons of Geffry 18. Edw. IV. first K. of the House of York 1460. 17. Edw. V. put to death hy his Unkle Richard The Line of Somerset and of K. H. 7. The Uniting of York and Lancaster Catharine Swinford 3â— Wife to John of Gaunt John Earl of Somerset John Duke of Somerset Margaret married to Edm. Tuder â— of â—ichm 19. Henry VII King of England 1485. 20. Henry VIII King of England 1507. 21. Edw. VI. Son of Henry VIII 1546. 22. Mary eldest Daughter Queen of England 23. Elizab. â—d daughter of K. Henry 1558. Eliz. eldest Daughter of Ed. IV. married to H. VII Mary 2d daughter married Cha. Br. D. of Suf. Franc. eldest Daughter married Hen. Gr. D. of Suf. Cathar Gray had by the E. of Harts two sons Edward Seymour called Lord Bâ—aâ—ham Hen. Seymor ad Son begoten in the Tower Eleanor 2d Daughter married H. E. of Camb. Margaret married to H. Earl of Darby Ferdinand L. Strange and his Brother Jama IV. K. of Scots first husband of Margaret Margar. eldest daughter married twico Arch. Doug. E. of Angus 2d Husband of Margaret James V. King of Scotland Margaret married to Matthew E. of Lanox Mary Queen of Scotland put to death in England Henry Lord Darly Husband of Mary Charles 2d Son married to Eliz. Candish James VI. King of Scotland The Lady Arabella Polyd. in vita â— VIII Occasions of meeting The matter of Succession discussed Mr. Promely Mr. Wentworth Two Lawyers Many pretenders to the Crown of England Sucession doubtful and why Three or four principal heads of pretendors 1. Lancaster 2 York 3. The two houses joyned Circumstances of the time present The Romman Conclave Succession includeth also some kind of election Of this more afterwards Cap. 4 5. Nearness only in bloud not sufficient M◠〈…〉 in 〈◊〉 pretenders Two principal points handled in this book Two parts of this conference Bellay apollog pro reg cap. 20. Not only Succession sufficient That no particular form of Government is of Nature To live in Company is Natural to man and the ground of all Common-Wealths Plato de repub Cicero de repub Aristotle polit Divers Praeses 1. Inclination universal Pompon Mela. lib. 3. cap. 3 4. Tacit. l. 8. 2. Speech Aristot. l. 1.1 pol. c. 1.2.3.4 3. Imbecility of man Theoph. lib. de Plaut Plutarch conde fortuna lib. de pietatem in parent Note this saying of Aristotle 4. The use of Justice and Friendship Cicero lib. de amicitia The use of charity and helping one an other August lib. de amicitia Gen. 2. v. 18. That Government and Jurisdiction of Magistrates is also of Nature 1. Necessity Job 10. v. 22. 2. Consent of Nations Cicero li. 1. de natura Deorum 3. The Civil Law Lib. 1. digest tit 2. Scripture Prov. 8. Rom. 13. Particular form of Government is free Arist. li. 2.
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
Darly her Husband which by many was laid against her And the second did handle her Title to the Crown of England and the third did answer the Book of John Knox the Scot entituled Against the Monstrous Government of Women Of all which three Points for that the second that concerneth the Title is that which properly appertaineth to our purpose and for that the same is handled again and more largely in the second Book set out not long after by John Lesley Lord Bishop of Ross in Scotland who at that time was Embassadour for the said Queen of Scots in England and handled the same matter more abundantly which M. Morgan had done before him I shall say no more of this Book of M. Morgan but shall pass over to that of the Bishop which in this Point of Succession containeth also whatsoever the other hath so as by declaring the Contents of the one we shall come to see what is the other The Intent then of this Book of the Bishop of Ross is to refute the other book of Hales and Bacon and that especially in the two Points before mentioned which they alledged for their Principles to wit about Foreign Birth and King Henry's Testament And against the first of these two Points the Bishop alledgeth many Proofs that there is no such Maxim in the common Laws of England to disinherit a Prince born out of the Land from his or her Right of Succession that they have by Blood And this first for that the Statute made for barring of Aliens to inherit in England which was in the 25. Year of the Reign of King Edward III. is only to be understood of particular mens inheritance and no ways to be extended to the Succession of the Crown as by comparison of many other like Cases is declared And secondly for that there is express exception in the same Statute of the Kings Children and Off-spring And thirdly for that the practice hath always been contrary both before and after the Conquest to wit that divers Princes born out of the Realm have succeeded The other Principle also concerning King Henry's Testament the Bishop impugneth first by divers Reasons and Incongruities whereby it may be presumed that King Henry never made any such Testament and if he did yet could it not hold in Law And secondly also by Witness of the Lord Paget that was of the Privy Council in those days and of Sir Edward Montague Lord Chief Justice and of one William Clark that set the Kings Stamp to the Writing all which avowed before the Council and Parliament in Queen Maries time that the said Testament was signed after the King was past sense and memory And finally the said Bishop concludeth that the Line of Scotland is the next every way both in respect of the House of Lancaster and also of York for that they are next Heirs to King Henry VIII who by his Father was Heir to the House of York But after these three Books was written a fourth by one Robert Highinton Secretary in time past to the Earl of Northumberland a man well read in Stories and especially of our Countrey who is said to be dead some years past in Paris This man impugneth all the three former Books in divers principal Points and draweth the Crown from both their Pretenders I mean as well-from the House of Scotland as from that of Suffolk and first against the Book of Hales and Sir Nicholas Bacon written as hath been said in favour of the House of Suffolk Highington holdeth with the Bishop and Morgan that these two Principles laid by the other of Foreign Birth and of King Henry's Testament against the Scotish Line are of no Validity as neither their reasons for legitimating of the Earl of Hartfords Children which afterwards shall be handled And secondly he is against both Morgan and the Bishop of Ross also in divers important Points and in the very Principal of all for that this man I mean Highinton maketh the King of Spain to be the next and most rightful Pretender by the House of Lancaster for proof whereof he holdeth first that King Henry VII had no Title indeed to the Crown by Lancaster but only by the House of York that is to say by his Marriage of Queen Elizabeth elder Daughter to King Edward IV For that albeit himself were descended by his Mother from John of Gaunt Duke of Lancaster yet this was but by his Third Wife Catharin Swinford and that the true Heirs of Blanch his first Wife Dutchess and Heir of Lancaster to whom saith he appertained only the Succession after the death of King Henry the VI. and his Son with whom ended the Line Male of that House remained only in Portugal by the Marriage of Lady Philip Daughter of the foresaid Blanch to King John the I. of Portugal and that for as much as King Philip of Spain saith this man hath now succeeded to all the Right of the Kings of Portugal to him appertaineth also the onely Right of Succession of the House of Lancaster and that all the other Descendents of King Henry VII are to pretend only by the Title of York I mean as well the Line of Scotland as also of Suffolk and Huntington for that in the House of Lancaster King Philip is evidently before them all Thus holdeth Highington alledging divers Stories Arguments and Probabilities for the same and then adjoineth two other Propositions which do import most of all to wit that the Title of the House of Lancaster was far better than that of York not for that Edmond Crookback first Founder of the House of Lancaster who was Son to King Henry the III. and Brother to King Edward the I. was eldest son to the said Edward injuriously put back for his deformity in Body as both the said Bishop of Ross and George Lylly do falsly hold and this man refuteth by many good Arguments but for that John of Gaunt Duke of Lancaster being the eldest Son that King Edward the III. had alive when he dyed should in Right have succeeded in the Crown as this man holdeth and should have been preferred before Richard the II. that was the black Princes Son who was a degree further off from King Edward the III. his Grandfather than was John of Gaunt to whom King Edward was Father and by this occasion this man cometh to discuss at large the opinions of the Lawyers whether the Uncle or the Nephew should be preferred in the Succession of a Crown to wit whether the younger Brother or the elder Brothers son if his Father be dead without being seased of the same which is a Point that in the Civil Law hath great Disputation and many great Authors on each side as this man sheweth and the matter also wanteth not examples on both parts in the Succession of divers English Kings as our Friend the Civil Lawyer did signify also in his discourse and we may chance to have occasion
Richard had still great jealousie of his Uncle the Duke of Lancaster and of his off-spring considering how doubtful the question was among the Wise and Learned of those days For more declaration whereof I think it not amiss to alledge the very words of the foresaid Chronicler with the examples by him recited thus then he writeth About this time saith he there did arise a great and doubtful question in the World whether Uncles or Nephews that is to say the younger Brother or else the Children of the elder should Succeed unto Realms and Kingdoms which controversie put all Christianity into great broils and troubles for first Charles the second King of Naplis begat of Mary his Wife Queen and Heir of Hungary divers Children but namely three Sons Marâ—el Robert and Philip Martel dying before his Father left a Son named Charles which in his Grand-mothers right was King also of Hungary but about the Kingdom of Naples the question was when King Charles was dead who should Succeed him either Charles his Nephew King of Hungary or Robert his second Son but Robert was preferred and Reigned in Naples and enjoyed the Earldom of Provence in France also for the space of 33. years with great renown of Valor and Wisdom And this is own example that Girard recounteth which example is reported by the famous Lawyer Bartholus in his Commentaries touching the Succession of the Kingdom of Cicilia and he saith that this Succession of the Uncle before the Nephew was averred also for rightful by the Learned of that time and confirmed for just by the judicial sentence of Pope Boniface and that for the reasons which afterward shall be shewed when we shall treat of this question more in particular Another example also reporteth Girard which ensued immediately after in the same place for that the foresaid King Robert having a Son named Charles which died before him he left a daughter and Heir named Joan Neece unto King Robert which Joan was married to Andrew the younger Son of the foresaid Charles King of Hungary but King Robert being dead there stept up one Lewis Prince of Tarranto a place of the same Kingdom of Naples who was Son to Philip before mentioned younger Brother to King Robert which Lewis pretending his right to be better then that of Joan for that he was a man and one degree nearer to King Charles his Grand-father then Joan was for that he was Nephew and she Neece once removed he prevailed in like manner and thus far Girard Historiographer of France And no doubt but if we consider examples that fell out even in this very age only concerning this controversie between the Uncle and Nephew we shall find store of them for in Spain not long before this time to wit in the year of Christ 1276. was that great and famous determination made by Don Alonso the wise eleventh King of that name and of all his Realm and Nobility in their Courts or Parliament of Segovia mentioned before by the Civilian wherein they disâ—inherited the Children of the Prince Don Alonso de la Cerda that died as our Prince Edward did before his Father and made Heir apparent Don Sancho Bravo younger Brother to the said Don Alonso and Uncle to his Children the two young Cerda's Which sentence standeth even unto this day and King Philip enjoyed the Crown of Spain thereby and the Dukes of Medina Celi and their race that are descendents of the said two Cerda's which were put back are Subjects by that sentence and not Soveraigns as all the World knoweth The like controversie fell out but very little after to wit in the time of King Edward the third in France though not about the Kingdom but about the Earldom of Artoys but yet it was decided by a solemn sentence of two Kings of France and of the whole Parliament of Paris in favour of the Aunt against her Nephew which albeit it cost great troubles yet was it defended and King Philip of Spain holdeth the County of Artoys by it at this day Polydor reporteth the story in this manner Robert Earl of Artoys a man famous for his Chivalry had two Children Philip a Son and Maude a daughter this Maude was married to Otho Earl of Burgundy and Philip dying before his Father left a Son named Robert the second whose Father Robert the first being dead the question was who should Suâ—â—eed either Maude the daughter or Robert the Nephew and the matter being remitted unto Philip le Bel King of France as chief Lord at that time of that State he adjudged it to Maude as to the next in bloud but when Robert repined at this sentence the matter was referred to the Parliament of Paris which confirmed the sentence of King Philip whereupon Robert making his way with Philip de Valoys that soon after came to be King of France he assisted the said Philip earnestly to bring him to the Crown against King Edward of England that opposed himself thereunto and by this hoped that King Philip would have revoked the same sentence but he being once established in the Crown answered that a sentence of such importance and so maturely given could not be revoked Whereupon the said Robert fled to the King of Englands part against France Thus far Polydor. The very like sentence recounteth the same Author to have been given in England at the same time and in the same controversie of the Uncle against the Nephew for the Succession to the Dukedom of Britany as before I have related wherein John Breno Earl of Monford was preferred before the daughter and Heir of his elder Brother Guy though he were but of the half bloud to the last Duke and she of the whole For that John the third Duke of Britany had two Brothers first Guy of the whole bloud by Father and Mother and then John Breno his younger Brother by the Fathers side only Guy dying left a daughter and Heir named Jane married to the Earl of Bloys Nephew to the King of France who after the death of Duke John pretended in the right of his Wife as daughter and Heir to Guy the elder Brother but King Edward the third with the State of England gave sentence for John Breno Earl of Monford her Uncle as for him that was next in consanguinity to the dead Duke and with their Arms the State of England did put him in possession who slew the Earl of Bloys as before hath been declared and thereby got possession of that Realm and held it ever after and so do his Heirs at this day And not long before this again the like resolution prevailed in Scotland between the House of Balliol and Bruse who were competitors to that Crown by this occasion that now I will declare William King of Scots had Issue two Sons Alexander that Succeeded in the Crown and David Earl of Huntington Alexander had Issue another Alexander and a daughter
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
affirm by the Causes and Arguments before-alledged against him no reason say they but that this Lady should enter into his place as next in Bloud unto him Secondly it is alledged in her behalf That she is an English woman born in England and of Parents who at the time of her Birth were of English Allegiance wherein she goeth before the King of Scots as hath been seen as also in this other principal point that by her admission no such inconvenience can be feared of bringing in strangers or causing Troubles or Sedition within the Realm as in the pretence of the Scottish King hath been considered And this in effect is all that I have heard alledged for her But against her by other Competitors and their Friends I have heard divers Arguments of no small Importance and Consideration produced whereof the first is that which before hath been alledged against the King of Scotland to wit that neither of them is properly of the House of Lancaster as in the Genealogy set down in the third Chapter hath appeared And secondly That the title of Lancaster is before the pretence of York as hath been proved in the fourth Chapter whereof is inferred that neither the King of Scots nor Arabella is next in Succession And for that of these two propositions there hath been much treated before I remit me thereunto only promising That of the first of the two which is how King Henry VII was of the House of Lancaster touching Right of Succession I shall handle more particularly afterward when I come to speak of the House of Portugal whereby also shall appear plainly what pretence of Succession to the Crown or â—utchy of Lancaster the Descendents of the said King Henry can justly make The second Impediment against the Lady Arabella is the aforesaid Testament of King Henry VIII and the two Acts of Parliament for authorising of the same by all which is pretended that the House of Suffolk is preferred before this other of Scotland A third Argument is For that there is yet living one of the House of Suffolk that is nearer by a degree to the Stem to wit Henry VII to whom after the decease of Her Majesty that now is we must return than is the Lady Arabella or the King of Scots and that is the Lady Margaret Countess of Darby Mother to the present Earl of Darby who was Daughter to Lady Eleanor Daughter of Queen Mary of France that was second Daughter of King Henry VII so as this Lady Margaret Countess of Darby is but in the third degree from the said Henry whereas both the King of Scotland and Arabella in the fourth and consequently she is next in propinquity of Bloud and how greatly this propinquiâ—y hath been favoured in such cases though they were of the younger Line the Examples before-alledged in the fourth Chapter do make manifest Fourthly and lastly and most strongly of all they do argue against the title of this Lady Arabella affirming that the descent is not free from bastardy which they prove first for that Queen Margaret soon after the death of her first Husband and King James the IV. married secretly one Stuart Lord of Annerdale which Stuart was alive long after her marriage with Douglas and consequently this second marriage with Douglas Stuart being alive could not be lawful which they do prove also by another name for that they say it is most certain and to be made evident that the said Archibald Douglas Earl of Anguis had another Wife also alive when he married the said Queen which points they say were so publick as they came to King Henry's ears whereupon he sent into Scotland the Lord William Howard Brother to the old Duke of Norfolk and Father to the present Lord Admiral of England to enquire of these points and the said Lord Howard found them to be true and so he reported not only to the King but also afterwards many times to others and namely to Queen Mary to whom he was Lord Chamberlain and to divers others of whom many be yet living which can and will testifie the same upon the relation they heard from the said Lord William's own mouth whereupon King Henry was greatly offended and would have hindred the Marriage between his said Sister and Douglas but that they were married in secrret and had consumated their Marriage before this was known or that the thing could be prevented which is thought was one especial cause and motive also to the King afterward to put back the Issue of his said Sister of Scotland as by his forenamed Testament is pretended and this touching Arabella's title by propinquity of Birth But besides this the same men do alledge divers reasons also of inconvenience in respect of the Commonwealth for which in their opinions it should be hurtful to the Realm to admit this Lady Arabella for Queen As first of all for that she is a Woman who ought not to be preferred before so many men as at this time stand for the Crown And that it were much to have three Women to Reign in England one after the other whereas in the space of above a thousand years before them there hath not reigned so many of that Sex neither together nor asunder for that from Cordick first King of the West Saxons unto Egbert the first Monarch of the English Name and Nation containing the space of more then 300 years no one Woman at all is found to have Reigned and from Egbert to the Conquest which is almost other 300 years the like is to be observed and from the Conquest downwards which is above 500 years one only Woman was admitted for Inheritrix which was Maud the Empress Daughter of King Henry I. who yet after her â—athers death was put back and King Stephen was admitted in her place and she never received by the Realm until her Son Henry II. was of age to govern himself and then he was received with express condition That he should be Crowned and govern by himself and not his Mother which very condition was put also by the Spaniards not long after at their admitting of the Lady Berenguela younger Sister of Lady Blanch Neece to King Henry II. whereof before often mention hath been made to wit the Condition was That her Son Ferdinando should govern and not she though his title came by her so as this Circumstance of being a Woman hath ever been of much consideration especially where men do pretend also as in our Case they do Another Consideration of these men is that if this Lady should be advanced unto the Crown though she be of Noble Bloud by her Fathers side yet in respect of Alliance with the Nobility of England she is a meer stranger for that her Kindred is only in Scotland and in England she hath only the Candishes by her Mothers side who being but a mean Family might cause much grudging among the
English Nobility to see them so greatly advanced above the rest as necessarily they must be if this Woman of their Lineage should come to be Queen which how the Nobility of England would bâ—ar is hard to say And this is as much as I have heard others say of this matter and of all the House of Scotland wherefore with this I shall end and pass over to treat also of the other Houses that do remain of such as before I named CHAP. VI. Of the House of Suffolk containing the Claims of the Countess of Darby and her Children as also of the Children of the Earl of Hartford IT hath appeared by the Genealogy set down before in the third Chapter and often-times mentioned since how that the House of Suffolk is so called for that the Lady Mary second Daughter of King Henry VII being first married to Lewis XII King of France was afterwards married to Charles Brandon Duke of Suffolk who being sent over to condole the death of the said King got the good will of the Widow-Queen though the common Fame of all men was That the said Charles had a Wife living at that day and divers years after as in this Chapter we shall examine more in particular By this Charles Brandon then Duke of Suffolk this Queen Mary of France had two Daughters first the Lady Frances married to Sir Henry Gray Marquess of Dorset and afterwards in the right of his Wife Duke also of Suffolk who was afterwards beheaded by Queen Mary And secondly Lady Eleanor married to Sir Henry Clifford Earl of Cumberland The Lady Frances elder Daughter of the Queen and of Charles Brandon had Issue by her Husband the said last Duke of Suffolk three Daughters to wit Jane Katharine and Mary which Mary the youngest was betrothed first to Arthur Lord Gray of Wilton and after left by him she was married to one M. Martin Keyes of Kent Gentleman-Porter of the Queens Houshold and after she died without Issue And the Lady Jane the eldest of the three Sisters was married at the same time to the Lord Guilford Dudley fourth Son to Sir John Dudley Duke of Northumberland and was proclaimed Queen after the death of King Edward for which act all three of them to wit both the Father Son and Daughter-in-law were put to death soon after But the Lady Katharine the second Daughter was married first upon the same day that the other two her Sisters were unto Lord Henry Herbert now Earl of Pembroke and upon the fall and misery of her House she was left by him and so she lived a sole Woman for divers years until in the beginning of this Queens days she was found to be with-child which she affirmed was by the Lord Edward Seymor Earl of Hartford who at that time was in France with Sir Nicholas Throgmorton the Embassador and had purpose and license to have travelled into Italy but being called home in hast upon this new accident he confessed that the Child was his and both he and the Lady affirmed that they were man and wife but for that they could not prove it by Witnesses and for attempting such a Match with one of the Blood Royal without Privity and License of the Prince they were Committed to the Tower where they procured Means to meet again afterward and had an other Child which both Children do yet live and the Elder of them is called Lord Henry Beacham and the other Edward Seymor the Mother of whom lived not long after neither married the Earl again until of late that he married the Lady Frances Howard Sister to the Lady Sheffield And this is all the Issue of the elder Daughter of Charles Brandon by Lady Mary Queen of France The second Daughter of Duke Charles and the Queen named Lady Eleanor was married to Henry Lord Clifford Earl of Cumberland and had by him a Daughter named Margaret that married Sir Henry Stanely Lord Strange and after Earl of Darby by whom the said Lady who yet liveth hath had Issue Ferdinando Stanley now Earl of Darby William and Francis Stanley And this is the Issue of the House of Suffolk to wit this Countess of Darby with her Children and these other of the Earl of Hartford of all whose Titles with their Impediments I shall here briefly give an account and reason First of all both of these Families do joyn together in this one point to exclude the House of Scotland both by foreign Birth anh by the aforesaid Testament of King Henry authorized by two Parliaments and by the other Exclusions which in each of the titles of the King of cots and of Lady Arabella hath been before-alledged But then secondly they come to vary between themselves about the Priority or Propinquity of their own Succession for the Children of the Earl of Hartford and their Friends do alledge That they do descend of Lady Frances the elder Sister of Lady Eleanor and so by Law and Reason ought to be preferred But the other House alledgeth against this two Impediments the one That the Lady Margaret Countess of Darby now living is nearer by one degree to the Stem that is to King Henry VII then are the Children of the Earl of Hartford and consequently according to that which in the former fourth Chapter hath been declared she is to be preferred albeit the Children of the said Earl were legitimate Secondly they do affirm That the said Children of the Earl of Hartford by the Lady Katharine Gray are many ways illegitimate First for that the said Lady Katharine Gray their Mother was lawfully married before to the Earl of Pembroke now living as hath been touched and publick Records do testifie and not lawfully separated nor by lawful authority nor for just Causes but only for temporal and worldly respects for that the House of Suffolk was come into misery and disgrace whereby she remained still his true Wife and before God and so could have no lawful Children by any other whiles he yet lived as yet he doth Again they prove the illegitimation of these Children of the Earl of Hartford for that it could never be lawfully proved that the said Earl and the Lady Katharine were married but only by their own assertions which in Law is not holden sufficient for which occasion the said pretended Marriage was disannulled in the Court of Arches by publick and definitive Sentence of Doctor Parker Archbishop of Canterbury and Primate of England not long after the Birth of the said Children Furthermore they do add yet another Bastardy also in the Birth of Lady Katharine her self for that her Father Lord Henry Gray Marquess of Dorset was known to have a lawful Wife alive when he married the Lady Frances Daughter and Heir of the Queen of France and of Charles Brandon Duke of Suffolk and Mother of this Lady Katharine for obâ—aining of which said Marriage the said Marquess put away his foresaid
before hath been declared and preferreth it self in degree of Propinquity not only before the aforesaid two Houses of Scotland and Clarence but also before this other part of the House of Suffolk I mean the Family of Hartford though descended of the elder Daughter for that the Countess of Darby doth hold her self one degree nearer in descent than are the other Pretenders of Hartford as hath been shewed And albeit there want not many Objections and Reasons of some against this pretence of the House of Darby besides that which I have touched before yet for that they are for the most part personal Impediments and do not touch the right or substance of the title or any other important reason of State concerning the Common-wealth but only the mislike of the persons that pretend and of their Life and Government I shall omit them in this place for that as in the beginning I promised so I shall observe as much as in me lies to utter nothing in this Conference of ours that may justly offend and much less touch the Honour and Reputation of any one Person of the Bloud-Royal of our Realm when the time of admitting or excluding cometh then will the Realm consider as well of their Persons as of their Rights and will see what account and satisfaction each person hath given of his former life and doings and according to that will proceed as is to be supposed But to me in this place it shall be enough to treat of the first point which is of the Right and Interest pretended by way of Succession And so with this I shall make an end of these Families and pass over to others that do yet remain CHAP. VII Of the Houses of Clarence and Britany which contain the â—laims of the Earl of Huntington with the Pooles as also of the Lady Infanta of Spain and others of those Families HAving declared the Claims Rights and Pretences which the two Noble Houses of Scotland and Suffolk descended of the two Daughters of King Henry VII have or may have to the Succession of England with intention afterward to handle the House of Portugal apart which pretendeth to comprehend in it self the whole Body or at lâ—ast the first and principal Branch of the ancient House of Lancaster it shall not be amiss perhaps by the way to treat in this one Chapter so much as appertaineth to the two several Houses of Clarence and Britany for that there is less to be said about them then of the other And first of all I am of opinion that the Earl of Huntington and such other pretenders as are of the House of York alone before the Conjunction of both Houses by King Henry VII may be named to be of the House of Clarence and so for distinction sake I do name them not to confound them with the Houses of Scotland and Suffolk which are termâ—d also by the Lancastrians to be of the House of York alone for that they deny them to be of the true House of Lancaster but principally I do name them to be of the House of Clarence for that indeed all their Claim and Title to the Crown doth desâ—end from George Duke of Clarence as before in the third Chapter and elsewhere hath been declared which Duke George being Brother to King Edward IV. and put to death by his order left Issue Edward Earl of Warwick and of Salisbury who was put to death by King Henry VII in his youth and Margaret Countess of Salisbury which Margaret had Issue by Sir Richard Poole Henry Poole Lord Montague afterwards beheaded and he again Katharine married to Sir Francis Hastings Earl of Huntington by whom she had Sir Henry Hastings now Earl of Huntington Sir George Hastings his Brother yet living and others So as the Earl of Huntington with his said Brethren are in the fourth degree from the said George Duke of Clarence to wit his Nephews twice removed The said Margaret Countess of Salisbury had a younger Son also named Sir Geffrey Poole who had Issue another Geffrey and this Geffrey hath two Sons alive at this day in Italy named Arthur and Geffrey who are in the same degree of distance with the said Earl of Huntington saving that some alledge for them that they do descend all by male-kind from Margaret and the Earl pretendeth by a Woman whereof we shall speak afterwards Hereby then it is made manifest how the Earl of Huntington cometh to pretend to the Crown of England by the House of York only which is no other indeed but by the debarring and disabling of all other former Pretenders not only of Portugal and of Britany as strangers but also of the Houses of Scotland and Suffolk that hold likewise of the House of York and for the Reasons and Arguments which in the former two Chapters I have set down in particular against every one of them and shall hereafter also again those that remain which Arguments and Objections or any of them if they should not be found sufficient to exclude the said other Houses then is the Claim of this House of Huntington thereby made void for that it is as we see by the younger Child of the House of York that is to say by the second Brother So as if either the pretence of Lancaster in general be better than that of Yoâ—k or if in the House of York it self any of the forenamed Pretenders descended from King Edward IV. as of the elder Brother may hold or take place then holdeth not this title of Clarence for that as I have said it coming from the younger Brother must needs be grounded only or principally upon the barring and excluding of the rest that joyntly do pretend Of which Bars and Exclusions laid by this House of Clarence against the rest for that I have spoken sufficiently in the last two Chapters going before for so much as toucheth the two Houses of Scotland and Suffolk and shall do afterwards about the other two of Britany and Portugal I mean in this place to omit to say any more therein and only to consider what the other Competitors do alledge against this House of Clarence and especially against the pretence of the Earl of Huntington as chief Titler thereof for to the excluding of him do concur not only those other of opposite Houses but also the Pooles of his own House as now we shall see First thâ—n the contrary Houses do alledge generally against all this House of Clarence that seeing their Claim is founded only upon the Right of the Daughter of George Duke of Clarence second Brother to King Edward IV. evident it is that so long as any lawful Issue remaineth of any elder Daughter of the said King Edward the elder Brother as they say much doth and cannot be denied no Claim or Pretence of the younger Brothers Daughter can be admitted And so by standing upon this and answering to the Objections alledged before against the
same and as for Demosthenes no marvel though he were so earnest against King Philip of Macedonia his entry upon the Cities of Greece both for that he was well fed on the one side by the King of Asia as all Authors do affirm to the end he should set Athens and other Grecian Cities against King Philip as also for that his own Commonwealth of Athens was governed by popular Government wherein himself held still the greatest sway by force of his Tongue with the People and if any King or Monarch of what Nation soever should have come to command over them as Philip's Son King Alexander the Great did soon after Demosthenes should have had less authority than he had for that presently he was banished and so continued all the time that Alexander lived But if we do consider how this State of the Athenians passed afterward under the great Monarchy of Alexander and other his followers in respect that it did before when it lived in liberty and under their own Government only he shall find their State much more quiet prosperous and happy under the Commandment of a Strangers than under their own by whom they were continually tossed turmoiled with battels emulations and seditions and oftentimes tyrannized by their own People as the Bloody Contentions of their Captains Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is evident among other things by their wicked Law of Ostracismus which was to banish for ten years whosoever were eminent or of more wisdom wealth valoâ—r learning or authority among than the rest albeit he had committed no crime or fault at all And finally their having of thirty most horrible and bloudy Tyrants at one time in their City of Athens instead of one Governour doth evidently declare the same say these men and do make manifest how vain and foolish an imagination it was that vexed them how to avoid the Government of Strangers seeing that no Strange Governour in the World would ever have used them as they used themselves or so afflict them as they afflicted themselves To the Objection out of Deuteronomy where God appointeth the Jews to chuse a King only of their own Nation these men do answer that this was at that time when no Nation besides the Jews had true Religion among them which point of Religion the Civilian hath well declared before in his last discourse to be the chiefest and highest thing that is to be respected in the admission of any Magistrate for that it concerneth the true and highest End of a Commonwealth and of all humane Society and for that the Gentiles had not this Ornament of true Religion but were all destitute generally thereof the Jews were forbidden not only to chuse a King of the Gentiles which might pervert and corrupt them but also to company converse or eat and drink with them and this was then but yet afterward when Christ himself came into the World and opened his Church both to Jew and Gentile he took away this restraint so as now all Christian Nations are alike for so much as appertaineth unto Government And consequently to a good and wise Christian man void of passion and fond affection it little importeth as often before hath been said of what Countrey Nation or Lineage his Governour be so he Govern well and have the parts before required of Piety Religion Justice Manhood and other the like requisite to his Dignity Degree and Charge by which parts and vertues only his subjects are to receive benefits and not by his Countrey Generation Lineage or Kindred and this is so much as I have to say at this time about this Affair CHAP. X. Other Secondary and Collateral Lines and how extream doubtful all these Pretences be and which of all these Pretenders are most like to prevail in the end and to get the Crown of England AFter the Lawyer had ended his Discourse about Foreign Government he seemed to be somewhat wearied and said he would pass no further in this Affair for that he had nothing else to say but only to note unto them that besides these principal Titlers of the five Houses mentioned of Scotland Suffolk Clarence Britanny and Portugal there were other Secondary Houses and Lines also issued out of the Houses of Lancaster and York as also of Glocester Buckingham and some other as may appear by the Genealogies set down before in the II. and III. Chapters of which Lines said he there may be perhaps oonsideration and also by Commonwealth when time shall come of choice or admission the matter standing so as the Civilian hath largely declared and shewed before which is that upon such just occasions as these are the Commonwealth may consult what is best to be done for her good and preservation in admitting this or that Pretender seeing that this is the end why all Government was ordained to benefit the Publick And for so much as there is such variety of Persons Pretendents or that may pretend in the five Houses already named as before hath been declared which Persons at least do make some dozen more or less and that besides these there want not others also of Secondary Houses as is evident as well by the former Discourse as also by the Arbor that of these matters is to be seen the Lawyer turned to affirm that the doubtful who shall in the end prevail for that besides the Multitude before-named of Pretenders he avouched very seriously that after all this his Speech he could not well resolve with himself which of all these Titles in true Right of Succession was the best and much less which of the Titlers was likest to prevail and this I presume the Lawyer told them of himself for that he did easily foresee and imagine that after all these Arguments on every side alledged he should be requested by the Company as vehemently he was to put down his opinion what he thought and judged of all the whole matter hitherto discussed and of every mans pretence in particular Which in no case he could be brought to do for a long time but refused the same utterly and craved pardon and yielded many Reasons why it was not convenient and might be odious But all would not serve to acquiet the Company which with all earnest importunity urged him to satisfie their Request and so upon large and earnest Entreaty he was content in the end to yield to this only that he would lay together by way of discourse the probabilities of every side and lastly set down in two or three Propositions or rather Conjecturs his private guess which of them in his judgment was likest to prevail First then he began to say that the probabilities of prevailing or not prevailing of every one of these Pretenders in the next Succession of the Crown of England these Pretenders may be considered and measured either in respect of the party of Religion that was like
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
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.