the great succeeded in the Empire and was the man that all men know and the first Emperor that publickly professed himself a Christian and planted our Faith over all the world CONSTANTINE SIXTH And IRENE Constantine the Sixth was for his evil Government first deposed * and his eyes put out by his own Mother Irene who usurped the Empire but being not able to Rule it in such Order as it was needful for so great a Monarchie she was deprived thereof by the Sentence of Leo the third and by consent of all the People and Senate of Rome and Charles the Great King of France and of Germanie was crowned Emperor of the West and so hath that Succession remained unto this day and many worthy men have succeeded therein and infinite acts of Jurisdiction have been exercised by this authoritie which were all unjust and Tyrannical if this change of the Empire and deposition of Irene and her Son for their evil Government had not been lawful Examples out of France CHILDERICK 3d. Childerick 3d. King of France for his evil Government and Faineantise was deposed by Zacharie the Pope at the request of the whole Nobilitie and Clergie of France Who alleaged That their Oath to Childrick was to honor serve obey maintain and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crown punish the wicked and conserve the good and defend the Christian Faith Which being not observed on his part they ought not be bound to him any longer nor would not be any longer his Subjects and so chose and Crowned Pepin in his place whose Posteritie reigned for many years after him and were such noble Kings as all the world can testifie CHARLES of Lorrayne Charles of Lorrayne last of the race of Pepin for the evil satisfaction that the French Nation had of him was by the Authoritie of the Common-wealth put by the Crown and Hugo Capetus preferred to it whose Line hath remained and possessed it unto this day Examples out of Spain FLAVEO SUINTILA Flavius Suintila King of Spain was both he and his Posteritie put down and deprived in the fourth Council National of Toledo and one Lissinando confirmed in his place ALONSO 11th Don Alonso 11th King of Castile and Leon Son to Ferdinand the Saint for his evil Government and especially for Tyrannie used towards two Nephews of his was deposed of his Kingdom by a publick Act of Parliament in the town of Valliodolid after he had reigned 30 years and his own Son Don Sancho 4th was Crowned in his place who for his valiant acts was sirnamed Elbravo and it turned to great commoditie to the Common-wealth PEDRO Don Pedro the Cruel Son to Alonso 12th having reigned 18. years was for his injurious Government dispossessed of his Crown by King Henry his bastard Brother whom the States of the Country had called out of France and Crowned and though Pedro was restored again by the black Prince of Wales yet God shewed to favor more Henry because he returned and deprived Pedro the second time and slew him in fight hand to hand and being set up in his place which his Progenie hath enjoyed to this day he proved so excellent a King as he was called el Cavallero and el delas mercees the knightlie and bountiful King Don SANCHO 2d Don Sancho Gapelo lawful King of Portugal having reigned 34. years was deprived for his defects in Government by the universal Consent of all Portugal and approbation of a General Council at Lyons Pope Innocentius the Fourth being there present who did authorise the said State of Portugal at their Petition to put in Supreme Government Don Alonso Brother to the said Sancho who was Earl of Boulongne in Picardie by the right of his Wife which among other great exploits was the first that set Portugal free from all Subjection and Homage to the Kingdom of Castile which unto his time it had acknowledged Greece MICHAEL CALAPHATES and NICEPHORUS BOTONIATES Michael Calaphates Emperor of Greece for having troden the Cross of Christ under his feet and being otherwise also a wicked man was deprived As was also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authoritie Polonia HENRY 3d. In our dayes Henry 3d. King of France was deprived of the Crown of Polonia wherof he had also been Crowned King before by publick Act of Parliament for his departing thence without license and not returning at the day denounced by publick Letters of peremptory commandment Suetia HENRY Henry late King of Suëtia was put down and deprived by that Common-wealth and his Brother made King in his place whose Son reigneth at this day and is also King of Polonia And this Fact was allowed by the Emperor the King of Denmark and all the Princes of Germanie neer about that Realm Denmark CISTERNE Cisterne King of Denmark for his intollerable crueltie was deprived and driven into banishment together with his Wife and three Children and his Uncle Frederick Prince of Holsatia was chosen King whose Progenie yet remaineth in the Crown England King JOHN King John of England for his evil Government and for having lost Normandie Gasconie Guyenne and all the rest which the Crown of England had in France made himself so odious and contemptible as first he was both Excommunicated and Deposed by the Pope at the sute of his own People and to make his Peace was enforced to resign his Crown in the hands of Pandulfe the Pope's Legat and afterwards falling back again to his old defects though by making his Kingdom tributarie in perpetuum to the See of Rome he had made the Pope of his side for a time the People notwithstanding did effectuate his Deprivation the 18th year of his reign first at Canterbury and after at London And called Lewis Prince of France Son to Phillip 2d and Father to Saint Lewis and chose him for their King and did swear him Fealtie with General Consent in London Anno 1216. But King John's death following presentlie after made them turn their purposes and accept of his Son Henry before matters were fully established for Lewis And this Henry which was 3d. of that Name proved a very worthie King and reigned 53. years which is more than ever King in England did leaving Edward 1. his Son Heir not inferior to himself in manhood and virtue EDWARD 2d But this Edward 1. had a Son Edward 2d who falling into the same or worse defects than King John had done was after 19. years reign deposed also by Act of Parliament holden at London the year 1326. appointed to be called Edward of Carnarvam from that hour forward and his bodie adjudged to perpetual prison where at length his life was taken away from him in the Castle of Barkley and his Son Edward 3d. was chosen in his place who
his minion to put away his wife a goodly young Ladie daughter of Isabell his father's sister and to marrie another openly to her disgrace And in the last evil Parlament hee made would needs have all absolute autoritie granted to 6 or 7 his favorites to determine of all matters Grieved with these exorbitant indignities the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of Parlament by his own confession of unworthie Government and his voluntarie resignation of the Crown to the said Henry by publick instrument All this without blood-shed And in almost all this Edmund L. D. of York the head of that familie together with Edward Duke of Aumale his eldest son and Richard Earle of Cambridge his yonger the Grand-father of Edward 4. assisted the said Henry That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence much more any other King Richard 2. deposed the question is Whether Edmond Mortimer then alive his Father Roger being slain in Ireland a little before Nephew removed of Lionel Duke of Clarence or Henry Duke of Lancaster son of John of Gant should have Succeeded in right For Henry is alleged his being neerer to the former King by two degrees and proximitie of Blood though not of the elder Line is to be or hath been preferred in these cases 2. His Title came by a Man the others by a Woman not so much favored by Law nor Reason 3. The said Edmond being offered the Crown by Richard Earle of Cambridge who had married his Sister Anne and other Noblemen at Southampton he judged it against equitie discovered the Treason to Henry the fifth by whose command those Noblemen were executed 1415. Thirty years after which Richard Duke of York son of the aforesaid Earle and Anne for Edmond her brother died without issue set his Title on foot And whereas Roger Mortimer Father of this Edmond was declared Heir apparent by a Parlament 1382 that was done by Richard 2. from the hatred he bore to John of Gant and his son Henry rather than for the goodness of the others Title the cause whereof was Because immediately after the death of the Black Prince divers learned and wise men held opinion That John of Gant eldest son of Edward 3. then living should rather succeed than Richard jure Propinquitatis This made the old King Edward 3. confirm the Succession to Richard 2. by Parlament and the Oaths of his Uncles and made the yong King Richard 2. hold first and his son in jealousie and hatred ever after as distrusting the likelihoods of their Title Declaration of the Heir Apparent in the Princes life being Partial no sure president Partial establishing of Succession by Parlament is no extraordinary thing with Princes which yet most commonly have been to little purpose So did Richard 3. cause John de la Pole Earle of Lincoln and Son to his sister Elisabeth Dutchess of Suffolk to be declared Heir apparent thereby excluding his Brother Edward's four Daughters c. So did Henry 8. prefer the issue of his yonger sister before that of his elder So did Edward 6. declare the Lady Jane Gray his cozen Germain removed to be his Heir and Successor excluding his own two sisters Such say they was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose as from little equity Uncle preferred before the Nephew divers times Contra Sect. 83. That John of Gant should have in right succeeded his father rather than Richard himself as neerer to his father is proved by the course of divers Kingdoms where the Uncle was preferred before the Nephew 1. In Naples much about the same time Robert before Charles the son of Martel his elder Brother 2. In Spain Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda from whom the House of Medina Celi is discended by sentence of Don Alonso the wise and of all the Realm and Nobility Anno 1276. 3. In the Earldom of Arthois Mande before Robert son to her Brother Philip by sentence of Philip le Bel of France confirmed by the Parlament of Paris and by his Successor Philippes de Valois whom he the said Robert had much assisted in the recovery of France from the English 4. In Britanie John Breno Earle of Montfort before Jane Countess of Bloys Daughter and Heir of Guy his elder brother by sentence of Edward 3. and the State of England who put him in possession of that Dukedom 5. In Scotland where albeit Edward 1. of England gave sentence for John Baliol Nephew to the elder Daughter excluding thereby Robert Bruse son to the yonger yet that sentence was held to be unjust in Scotland and the Crown restored to Robert Bruse his son whose posterity holds it to this day 6. The like whereof in Naples Lewis Prince of Taranto son to Philip prevailed before Joan the Neece of Robert aforesaid who was Philip's elder brother though Philip died before Robert because he was a man and a degree neerer to his Grand-father than Joan. 7. And in England it self Henry 1. preferred before William son and Heir of Robert of Normandie his elder brother And King John preferred before Arthur D. of Britanie the son and Heir of his elder brother Geoffrey because he was neerer to Richard his brother then dead than was Arthur Which Right of his the English inclined still to acknowledge and admit and thereupon proclaimed him King notwithstanding that the French and other Forrein Princes of stomach opposed themselves against it King John rightfully preferred before his Brother Arthur Against this last King Richard when he was to go to the Holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown thereby shewing his Title to be the better Answ 1. It was not by Act of Parlament of England for Richard was in Normandie when he made it 2. Richard did it rather to repress the amhitious Humor of John in his absence 3. This Declaration was never admitted in England but renounced by consent of the Nobility in his absence 4. Richard himself at his return disadvowed it appointing John to be his Successor by his last Will and caused the Nobles to swear Fealtie unto him as to his next in blood The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew Contra Sect. 83. This Controversie divided all the Lawyers in Christendom Baldus Oldratus Panormitanus c. for the Nephew Bartolus Alexander Decius Alciatus Cujatius c. for the Uncle Baldus himself at length concludeth That seeing rigor of Law runneth only with the Uncle being properly neerest in blood by one degree and that only indulgence and custom permitteth the Nephew to represent his Father's place whensoëver the Uncle is born before the Nephew and his elder brother dieth before his Father as in the case of John of Gant and Richard 2. he may be
the Order holdeth the Crown The Duke of Gasconie and Guyenne the First Banner quartered The Duke of Normandie the Second Banner quartered The Earle of Tholosa the Golden Spurs The Earle of Champanie the Banner Royal or Standard of War The Earle of Flanders the Sword Royal. And this day the King is apparrelled three times and in several sorts 1. As a Priest 2. As a King and a Warrier 3. As a Judge Philip 2d This day Lewis specially for the Coronation of his Son Philip Agustus whom he caused also to be Crowned in his dayes In this Coronation whereunto Henry 2. of England as Duke of Normandie who held the Crown and one of his Sons as Duke of Gasconie were present the King being summoned by the Archbishop to keep all Priviledges of the Church Law and Justice answered I do promise and avow to every one of you and to every Church to you committed That I will keep and maintain all Canonical priviledges law and justice due to every man to the uttermost of my power and by God's help shall defend you as a good King is bound to do in his Realm And then laying his hands upon the Gospel made his Oath in these words Au nom de Jesus Christ re jure promets au peuple Chrestien à moy Subject ces choses c. First that all my subjects be kept in the union of the Church and I will defend them from all excess rapine extortion and iniquitie Secondly I will take order that in all judgments justice shall be kept with equitie and mercie to the end that God of his mercy may conserve unto me with yo◠my people his holy grace and mercie Thirdly I shall endeavor as much as possibly shall lie in me To chase and drive out of my Realm and all my Dominions all such as the Church hath or shall declare for Hereticks as God shall help me and his holy Gospels Then he kissed the Gospels and after Te Deum sung and other particular Prayers said by the Archbishop he was Vested and the Ring Scepter Crown c. were put upon him with declaration what they signified After all that the Archbishop and Bishops did bless him and then by the said Archbishop and the other Peers was led unto the Seat Royal where the Crown was put upon his head c. France Author of this manner of Coronation Albeit the substance of the Ceremonie of Sacring and Anointing Kings be much elder than the Christian Kingdom of France yet is this particular and Majestical manner of doing it by way of Coronation the most antient in France above all other Kingdoms round about And it is probable that most of them have taken their forms of anointing and Crowning from her for the affinitie and likeness of the one to the other as may be seen by that of Germanie and Polonia before recited by that of Navarra brought in by certain Earles of Champanie according to the use of France and others But among all England seemeth to have taken it most particularly from them not only for that divers English Kings have come out of France but also for that in very deed the thing it self is all one in both Nations The Manner of Admission in England First As the Archbishop of Rheims doth this Ceremony in France so in England the Archbishop of Canterbury And the first thing the said Archbishop requireth at the King's hands is about Religion Church matters and the Clergie whereupon the King sweareth and giveth up his Oath in writing which he laieth down with his own hands upon the Altar the words are these That he will during his life have reverence and honor unto almightie God and to his Catholick Church and unto his Ministers and that he will administer Law and Justice equally to all and take away all unjust Laws Which after he hath sworn the Archbishop turning about to the People declareth what the King hath promised and asketh Whether they be content to submit themselves unto this man as unto their King or no under the Conditions proposed Whereunto having yielded he put's upon him the Royal Ornaments as the Sword the Ring the Scepter and Crown and namely he giveth him the Scepter of St. Edward the Confessor and then addeth this exhortation Stand and hold thy place and Keep thy Oath with a great commination on the behalf of almightie God if he taketh the place and breaketh his Oath Henry 4th In the admission of Henry 4. the People were demanded thrice Whether they were content to admit him for their King And the Archbishop of Canterbury having read unto them what this new King was bound by Oath unto he took the Ring wherewith to wedd him to the Common-wealth which wedding importeth a mutual Obligation which was shewed to the People by the High Constable and then put upon the King's finger who kissed the Constable in sign of acceptance c. Edward 4th Edw. 6th Mary Elisab In the admission of Edward 4th the Peoples Consent was asked at two several times very solemnly notwithstanding that he had proved his Title by Succession before in Parliament And in the Coronation of Edward 6. Queen Mary and Queen Elisabeth's the Peoples consent and their acceptation was not only demanded but the Princes corporal oath also taken upon the Evangelists What is due to only Succession by Birth and what interest or right an Heir apparent hath to the Crown before he be Crowned or Admitted by the Common-wealth and how justly he may be put back if he have not the other parts requisite also CAP. VI Belloy's Assertions upon this Matter Assertion First BElloy's Assertions about this matter are plain and gross flatteries and opposite to all reason of State and practise of the World First he saith That all Families which enjoy Kingdoms in the world were placed therein by God only and that he alone can change the same Which indeed if he refer unto God's universal providence it is true that all is from God either by his Ordinance or permission but speaking of the next and immediate causes clear it is that men do also concur therein and that God hath left them lawful authoritie so to do for the publick benefit Assertion Second His Second Assertion is That where such Princes be once placed in Government and the Law of Succession by Birth established there the Princes Children or next of Kinn do necessarily succeed by only Birth without any new choice or approbation of the People Nobilitie or Clergie or of the whole Common-wealth together Assertion Third Whereunto he joyneth That a King never dieth for that whensoever or howsoever he ceaseth by any means to Govern then entereth the Successor by Birth not as Heir to the former but as lawful Governor of the Realm without any admission at all having his authoritie only by the condition of his Birth and not by adoption or choice of any
of Blood was established yet many examples do testifie That the next in Blood was oftentimes put back by the Common-wealth upon just causes Don Pelago's Son * being dead after two years Reign only none of his Children though he left divers were admitted because they were yong and unable to Govern But Don Alonso the Catholick his Son in Law who for his valiant acts was sirnamed the Great Don Aurelio and Don Silo to the prejudice of Don Fruela and his Children To Don Alonso succeeded his Son Don Fruela who was first a noble King But for that he declined to Tyrannie and put to death wrongfully his own Brother Don Vimerano rarely beloved of the Spaniards he was himself put to death by them And albeit he left two goodly lawful Children yet in hatred of the Father neither of them was admitted by the Realm to succeed him but his Cozen German Don Aurelio brothers Son to Don Alonso the Catholick who after six years Reign dying without issue a brother in Law of his named Don Silo was admitted Don Vermudo to the prejudice of Don Alonso the Chaste who nevertheless come's in again afterwards very happily This Don Silo being also dead without issue and the Spaniards anger against Don Fruela being now wel asswaged they admitted his aforesaid Son Don Alonso the yonger sirnamed the Chaste though his Reign for this time endured very little being put out by a bastard Uncle of his Don Aluregado with help of the Moors who after six years Reign dying also without issue the matter came in deliberation again Whether Don Alonso the Chaste that lived hidden in a Monasterie should be admitted again or rather his Cozen German Don Vermudo Son to his Uncle the Prince Vimerano whom his Father had slain The Realm determined Don * Vermudo though he were much farther off by Propinquity of Blood for that he was judged for the more valiant and able Prince than the other who seemed to be made more acquainted with the life of Monks than of a King Neither do the Historiographers of Spain reprehend this Fact of the Realm But King Vermudo after three years Reign being weary of a Kingly life and feeling some scruple of Conscience that he had forsaken the life Ecclesiastical he Resigned willingly the Government unto his said Cozen Don Alonso the Chast who after all his affliction having been deprived four times Reigned yet 51. years and proved the most valiant and excellent King that ever that Nation had both for his valor and other vertuous deeds and had great friendship with King Charles the Great of France who lived in that time Don Fruela to the prejudice of Don Ordonio's Children Don Ordonio the Second dying left four Sons and one Daughter and yet the State of Spain displaced them all and gave their Kingdom to their Uncle Don Fruela second Brother to their Father And Morales saith That there appeareth no other reason hereof but only for that these Sons of the King deceased were yong and not so apt to Govern well the Realm as their Uncle was And this notwithstanding that the said Morales writeth That at that time and before the Law of Succession by Propinquitie of Blood was so strongly confirmed that the Kingdom of Spain was made an inheritance so intayled and tyed only to the next in Blood as there was no possibility to alter the same Don Alonso 4th Son to Ordonio to the prejudice of Don Fruela his Children And Don Ramiro to the prejudice of the Children of Don Alonso And after a years Reign this King Fruela being dead and having left divers Children at mans state they were all put by the Crown and the eldest Son of the aforesaid Don Ordonio the second named Don Alonso the fourth was chosen for King Who leaving afterward his Kingdom and betaking himself to a Religious habit offered to the Common-wealth of Spain his eldest Son named Don Ordonio to be their King but they refused him and took his Brother Uncle to the yong Prince named Don Ramiro who reigned 19. years and was a most excellent King and gained Madrid from the Moors Don Sancho el Gordo to the prejudice of the yong Son of Ordonio the Third To Ramiro the second succeeded his elder Son Don Ordonio the third who after 7. years reign albeit he left a Son named el Enfante Don Vermudo yet he was not admitted but his Brother Don Sancho 1. sirnamed el Gordo Uncle to the yong Prince And the reason of this Alteration Morales giveth First that the said Enfante was a little Child and not sufficient for Government and defence of the Country But yet after Don Sancho had reigned and his Son Don Ramiro the third after him he was called and made King by the Realm under the name of Vermudo 2. who left after him Don Alonso 5. and he again his Son Don Vermudo 3. who Marrying his Sister Dona Sancha that was his Heir unto Don Ferinando first Earle and then King of Castile who was second Son to Don Sancho * Mayor King of Navar he joyned by these means the Kingdoms of Leon and Castile together which were separated before And so ended the Line of Don Pelago and entered the Blood of Navar The Third Race Dona Berenguela to the prejudice of her elder Sister Dona Blancha and her Son St. Lewis of France For the Third Race Prince Lewis of France who afterwards was King Lewis 8. Son to Philip Augustus having married Dona Blancha of Spain that was Neece to King John of England by her Mother-side upon these Conditions on the part of King John thereby to make Peace with the French that she should have for her Dowry all those Towns and Countries which the said King Philip had taken upon the English in Normandie and Gasconie And on the part of Spain That if the Prince Henry only Brother to the said Lady Blanch should die without issue then she should Succeed in the Crown of Spain got Lewis 9. by her And yet Prince Henry her Brother dying without issue both she and her Son were put by and excluded by the State of Spain against the evident Right of succession and Propinquitie of Blood And her yonger Sister * Dona Berenguela was admitted And the only Reason they yielded thereof was not to admit Strangers to the Crown Don Sancho el Bravo to the prejudice of his Nephews Don Alonso and Hernando de la Cerda The Prince of Spain * Don Alonso Nephew to St. Fernando dying before the King his Father left two * Sons Don Alonso and Hernando de la Cerda whom the Grand-father left Commended to the Realm as lawful Heirs apparent to the Crown Yet for that one Uncle of theirs yonger Brother to their Father named Don Sancho el * Bravo was like to manage the matters of War better than they he was by a general
Parlament Holden at Segovia 1276. made Heir apparent of Spain and they put back in their Grand-father's time and by his and the Realms consent And this Don Sancho coming to the Crown in the year 1284. the two Princes were put in Prison but afterwards at the suit of Philip 3. of France their Uncle they were let out and endued with certain Lands and also they remain unto this day And of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobilitie in Spain at this time and King Philip that Reigneth cometh of Don Sancho the yonger Brother Henry the Bastard and his Race to the prejudice of King Petro and his Heirs When Don Pedro the Cruel King of Castile was driven and his Bastard Brother Henry 2. set up in his place John of Gant Duke of Lancaster having Married Dona Constancia the said King Peter's Daughter and Heir pretended by succession the said Crown of Castile as indeed it appertained unto him But yet the State of Spain denied it flatly and defended it by Arms and prevailed against John of Gand as did also the Race of Henry the Bastard against his lawful Brother And though in this Third and principal Discent of the Kings of Spain when these Changes happened the matter of Succession were most assuredly and perfectly established yet no man will deny but that the Kings of Spain who hold by the latter Titles at this day be true and lawful Kings This King Henry the Bastard had a Son named John the first who succeeded him in the Crown of Spain and Married Dona Beatrix Daughter and Heir of King Ferdinando the first of Portugal But yet after the death of the said Ferdinando the States of Portugal would never agree to admit the said Juan for their King for not subjecting themselves by that means to the Castilians And took rather a Bastard Brother of the said Don Ferdinando named Don Juan a youth of twenty years old whom they Married afterward to the Lady Philippe Daughter of John of Gand by his first Wife Blancha Duchess and Heir of Lancaster in whose Right the Kings of Portugal and their Discendents do pretend unto this day a certain interest to the House of Lancaster Divers other Examples out of the States of France and England for proof that the next in Blood are somtimes put back from succession And how God hath approved the same with good success CAP. VIII Though the Crown of France never come to any Stranger yet it Changed twice in it self and had Three Rancks COncerning the State of France albeit since the entrance of their first King Pharamond they have never had any stranger come to wear their Crown yet among themselves have they changed twice their whole Lineage of Kings and have had three Discents and Races as well as the Spaniards The first of Pharamond the second of Pepin and the third of Capitus which endureth unto this present The First Ranck The First Ranck shall be let pass for that some perhaps may say that the Common-wealth and Law of Succession was not then so well setled as it hath been since and also because it were too tedious to peruse all the Three Rancks for the store that they may yield Examples of the second Ranck Carloman against the Law of Succession and the Order of his Father parted equally the Realm with his elder Brother Charles Pepin le Bref first King of the second Race left two Sons Charles and Carloman and his States and Kingdoms by Succession unto the eldest Charles the Great And albeit by that Law of Succession the whole Kingdom of France appertained unto him alone yet the Realm by his authoritie did part it equally between them two as Gerard du Haillan setteth down in these words Estant Pepin decedé les François eslurent Roy Charles Carloman ses fils à la charge qu'ils partagerrient entr'evor egalement le Roy And the very same citeth Belforest out of Egenart an ancient French Writer Charlemayne preferred to his nephews against succession After three years reign Carloman dying left many sons the elder whereof was named Adalgise but Belforest saith That the Lords Ecclesiastical and temporal of France swore fidelitie and obedience to Charles without any respect or regard at all of the children of Carloman who yet by right of succession should have been preferred And Paulus Emilius a Latine-writer saith Proceres regni ad Carolum ultrà venientes regem eum totius Galliae salutârunt whereby is shewed that exclusion of the children of Carloman was not by force or tyrannie but by free deliberation of the Realm Lewis 1. deposed Charles le Chauve his fourth son admitted to the prejudice of his elder brothers To Charles the Great succeeded Lewis le Debonnaire his only son who afterward at the pursuit principally of his own three sons by his first wife Lothaire Pepin and Lewis was deposed and put into a Monasterie But coming afterward to reign again his fourth son by his second wife named Charles le Chauve succeeded him against the right of succession due to his elder brother Lothaire Louys 2. to the prejudice of his elder brethren and his bastards to the prejudice of his lawful sons After Charles le Chauve came in Louis le Begue his third son the second beeing dead and the eldest for his evil demeanure put by his succession This Lewis left by his wife Adel trude daughter to King Alfred of England a little infant newly born and two bastard-sons of a Concubine Louys * and Carloman who for that the nobles of France said That they had need of a man to bee King and not a childe were to the prejudice of the lawful successor by the State chosen jointly for Kings and the whole Realm was divided between them And Q. Adeltrude with her childe fled into England Charles 4. to the prejudice of Louys 5. And Odo to the prejudice of Charles 4. Of these two Bastards Carloman left a son Louis le Faineant which succeded unto him But for his slothful life and vicious behaviour was deprived and made a Monk in the Abbey of St Denis where hee died And in his place was chosen for King of France Charles le * Gros Emperor of Rome who likewise afterward was for his evil government by them deposed and deprived not onely of the Kingdom but also of his Empire and was brought into such miserable penurie as divers write hee perished for want In his place was chosen Odo Earl of Paris and Duke of Angers of whom came Hugh Capet Charles the simple to the prejudice of Odo But beeing soon wearie of this man's government they deposed him as hee was absent in Gasconie and called Charles * named afterward the Simple out of England to Paris and restored him to the Kingdom of France leaving onely
travel into Italie confessed it at his return and both of them affirmed they were man and wife but because they could not prove it by witnesses and for attempting such a matter with one of the Blood Royal without privitie and license of the Prince they were both committed to the Tower where they used means to meet afterwards and had the second Son Ed. Seymore Now the first Son may be ligitimate before God yet illegitimate before men and therefore incapable of Succession For the second to be legitimate whereas there wanteth nothing but witnesses for the presence of Minister is not absolutely necessary to justifie their marriages by Law The Queen herself her Counsel and as many as had the Examination of these parties upon their first act or Child-birth are witnesses unto them besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower CAP. VII Examination of the Title of the Houses of Clarence and Britanie Against the House of Clarence in general THeir Claim is founded only upon the Daughter of George Duke of Clarence yonger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother no claim or pretence of theirs can be admitted 2. If the pretence of Lancast be better than that of York as before it seemeth to be proved S. 36. 38. 40. 42. c. then holdeth not this of Clarence which is meerly of York 3. The House of Clarence hath been often attainted 1. In George himself 2. In the Countess of Salisbury his Daughter and Heir 3. In the Lord Montague her Son and Heir whereby their whole interests were cut off For albeit since those attainders it hath been restored in Blood yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of Honor thereunto belonging for they were forfeited to the Crown as is also to the next in Blood unattainted the prerogative of succeeding to the Crown unless special mention had been made thereof in their restauration Against the Earle of Huntington in favor of the Pooles Upon the attainder of the Lord Montague with his Mother of Salisbury all such right as they had or might had being cut off in them fell upon Geoffrey brother of the said Lord 1. Because he was not attainted 2. He was a degree neerer unto the Duke of Clarence and thereby hath the Priviledge of an Uncle before the Neece S. 34. 40. than the Lady Katharine 3. He was a man she a woman and neither of their Fathers in possession of the thing pretended which priviledge of Sex got the last King of Spain the Kingdom of Portugal 4. Inconvenience of Religion this point altered by the death of the last Earle First Title of the Infant as Heir unto the House of Britain from William the Conqueror Sect. 12. She is discended of the antient Royal Blood of England from the eldest Daughter of the Conqueror Constance whereof her friends infer two Consequences 1. When the Conqueror's sons died without issue or were made incapable of the Crown as Henry 1. seemed to be for the violence used to his elder brother Robert and his son William Sect. 11. then should the elder sister have entred before King Stephen who was born of Alice or Adela her yonger sister The coming of a Woman no bar to inher in England Though the Salick Law seemeth to exclude her from the Crown of France yet from the inheritance of England Britanie Aquitayne c. coming to her by Women and falling ordinarily in Women nor that nor other Law excludeth her Second Title of the Infant by France whereof she is Heir general from Henry 2. She is Lineally descended from Eleonor the eldest daughter of Henry 2. Sect. 15. by whom she is Heir general of France and thereby of England Sect. 15. for three reasons 1. King John by the murther of his Nephew Arthur of Britanie forfeited all his states whatsoever Now this happened four years before his son Henry 3. was born and therefore the Crown by right should have come to the said Eleonor his elder sister 2. Arthur being prisoner in the Castle of Roan and suspecting that he should be murthered by his Uncle John nominated the Lady Blanche daughter and heir to Eleonor to be his Heir which were it not good yet when he and his sister was put to death she and her Mother were next of kinn unto them for any more of England S. 12. 3. John was actually deposed by the Barons and States of the Realm 16 Regni sui and Lewis of France the Husband of Blanche elected and admitted with their whole consent to whom they swore Fealtie and Obedience in London for him and his heirs and posteritie 1217. giving him possession of London and the Tower and many other important places Now ableit that they chose after his John's son Henry 3 Yet Titles and Interests to Kingdoms once rightly gotten never die but remain ever for the posterity to set a foot so came Hugo Capetus to the Crown of France Odo Earle of Paris his ancester being once elected admitted and sworn King though after deposed and Charles the simple chosen Third Title of the Infanta from Henry 3. She is Lineally discended of Beatrix daughter of Henry 3. S. 17. Now seeing that the posterity of both her brothers Edward and Edmond the heads of the two Houses of Lancaster and York have oftentimes been attainted and excluded from the Succession by sundry Acts of Parliament and at this day are at contention among themselves why may not the right of both Houses by Composition Peace and Comprimise at least be passed over to their Sisters issue Objections against the Infanta 1. These her Claims are very old and worn out 2. Her claims are but collateral by sisters 3. She is a stranger and Alien born 4. Her Religion is contrary to the State Answered by those that favor her Title Antiquity hurteth not the goodness of Titles to Kingdoms when occasion is offered to advance them which commonly are never presumed to die nullum tempus occurrit Regi 2. Collateral Lines may lawfully be admitted to enter when the direct either fail or are to be excluded for other just respect 3. The point of forrein birth is sufficiently answered before Sect. 50. 4. The impediment of other Religion is not universal nor admitted in the judgment of all men but onely of such English as differ in Religion from her to the rest and those many it will rather bee a motive to favor then hinder her title CAP. VIII Examination of the Houses of Spain and Portugal The Dutchie of Lancaster belong's to Portugal THe King of Spain is lineally descended from the two daughters of John of Gant by his two first wives Sect. 23 24. the former whereof the Ladie Blanche beeing heir of the Duchie Sect. 19. when the posteritie of his issue male
Book of Knox of the Monstrous Government of Women 6. And John Leisley Bishop of Ross in Scotland confuteth the first point 1 That the Statute that beareth the inheritance of Aliens made 25 Edw. 3. is only to be understood of particular men's inheritance 2 There is express exception of the King's Children and Off-spring in the Statute 3 The Practice both before and since the Conquest to the contrary 7. The second If Henry 8. made such a Testament it could not hold in Law But that he made it not besides many probabilities the testimonies of the Lord Paget Sir Edw. Montague Lord Chief Justice and William Clark who set the King's stamp to the Writing avowed before the Council and Parlament in Queen Maries time That the testament was signed after the King was past sens and memory 8. Robert Heghington Secretary to the Earle of North writeth in favor of the King of Spain as next Heir to the House of Lancaster Another writeth in the behalf of the Dukes of Parma as next Heir of Portugal another for the Infanta of Spain as the Heir of Brittanie CAP. II. Of the Succession of the Crown from the Conquest unto Edward the Third's time The issue of VVilliam the Conquerer WILLIAM the Conqueror had four Sons and five Daughters Sons 1. Robert Duke of Normandie 2. Richard died in his youth 3. William Rufus 4. Henry the first Daughters 1. Sicilie a Nun 2. Constantia wife of Alain Fergant Duke of Britanie 3 Adela or Alice wife of Stephen Earle of Bloys c. The other two died yong Robert Duke of Normandie Robert of Normandie and his Son William were ruined by Henry 1. Robert pined away in the Castle of Cardiff William slain before Alost in Flanders whereof he was Earl by an arrow Henry 1. Of all the Children of Henry 1. Mande first married to Henry 5. Emperor had issue Henry 2. by Geoffrey Plantagenet Duke of Anjou c. her second Husband he Reigned after King Stephen The beginning of the House of Britanie Constantia the Conquerors second Daughter had issue Conan 2. le Gros who had issue Hoel and Bettha wife of Eudo Earle of Porrhet in Normandie her Father made her his Heir on his death bed disadvowing Howel she had issue Conan 3. He Constantia wife to Geoffrey third Son to Henry 2. by whom she had Arthur whom King John his Uncle put from the Crown of England and murthered After which Constantia married Guy Vicount of Touars a Britan and their issue have continued till this in the infanta of Spain and the Dutchess of Savoy her sister whose Mother was sister unto the last King of France Anna the Heir of Britanie had by Lewis the 12. of France one Daughter Claudia of whom and Francis the first came Henry 2. whose Daughter was Mother to the Infanta c. King Stephen Adela or Alice the Conquerors third Daughter had issue Stephen Earle of Bouloyne chosen King after Henry 1. before Mande his Daughter because a Woman and before her Son Henry 2. because he was but a Child and a degree further off from the Conqueros but especially by force and friends whereby he prevented also the Duke of Britain Son to his Mothers eldest sister He had two sons who left no issue and Mary wife to the Earle of Flanders whose right if any is discended to the Spaniard Henry 2. his Sons Henry 2. had issue by Eleonora the Heir of Aquitaine William who died yong Henry Crowned in his Fathers time and died without issue 3. Richard Coeur de Lyon who died without issue 4. Geoffrey who married Constance the Heir of Britain as aforesaid 5. John the King who had issue Henry the third Henry 2. his Daughters His Daughters were 1. Eleonora married to Alphonso 9. of Castile 2. to Alexis the Emperor 3. to the Duke of Saxonie 4. to the Earle of Tholouse Eleonora had Henry of Castile who died without issue and Blanche married to Lewis of France of the Race of Valois whose issue continueth and Berenguela married to the Prince of Leon whose Son Ferdinando by the death of his Uncle Henry without issue was chosen King of Castile before Saint Lewis the son of Blanche aforesaid because a stranger 16. The right which France had to Aquitain Poictiers and Normandie came to them by the aforesaid Blanche who was married thither on condition to have for her dower all that John had lost in France which was almost all hee had Henry 3. his Issue Henry 3. had Edward 1 hee Edw. 2. hee Edw. 3. and Edmund Crook-back Earl or Duke of Lancaster whose heir Lady Blanch married John of Gant the third son of Edw. 3. from whom came the hous of Lancaster Also Beatrix married to John 2. Duke of Britain from whom descended the Infantas Mother That Edward Crook-back was not elder then Edward 1. Edward Crook-back was not Edw. 1. elder brother and put by onely for his deformitie 2. hee was born 18 Junii 1245 and Edward 16 Junii 1239. Matth. West who lived at the same time 2. hee was a wise Prince and much imploied by his father and brother in their wars 3. his father advanced him in England and would have made him King of Naples and Sicilie 4. having the charge of the Realm at his father's death and his brother absent hee attempted no innovation nor hee nor any of his children made any claim to the Crown after that 5. If hee had been elder the title of Lancaster in John of Gant his Issue whose mother was heir unto Edmund had been without contradiction nor could the house of York have had any pretence of right The Issue of Edward Crook-back Henry the second Earl of Lancaster and grand-childe to the aforesaid Edmund was created Duke of Lancaster by Edward 3. Hee had but one childe the Ladie Blanch wife of John of Gant by whom hee became also Duke of Lancaster His three sisters were matched one to the Lord Maubery of whom the Howards of Norfolk Joane 2. Mary married to the Earl of Northumberland from whom the now-Earl 3. Eleonor married to the Earl of Arundel of whom the late Earle descended CAP. III. The Succession from Edward 3. The houses of Lancaster and York Edward 3. his Issue EDward the third had five sons 1. the Black Prince hee Richard second in whom his line ceased 2 Lionel Duke of Clarence 3. John of Gant Duke of Lancaster by his wife Blanche 4 Edward of Langley Duke of York 5. Thomas of Woodstock Duke of Glocester The Title of the Hous of York Lionel of Clarence had one onely daughter and heir Philippe married to Edmund Mortimer Earl of March they Roger hee Anne Mortimer married to Richard Earl of Cambridg second son of Edmund L. of York His son Richard by the death of his Uncle slain at Agincourt came to bee Duke of York his father of Cambridg beeing executed for a Conspiracie against Henry 5. And was the first of the