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
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
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
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
first Christian King Clodoveus not full 500. Years after Christ as French Authors do hold At what time also they recount a great miracle of Holy Oyl sent from Heaven by an Angel for anointing Clodoveus whereof they say they have still remaining for the anointing of their Kings at Rhemes which point I will not stand to treat or discourse in this place but rather will refer my Reader to the foresaid Chapter of Francis Belforest Chronicler of France who alledgeth divers Writers of almost 500. years antiquity that write of the same But howsoever that be very probable it seemeth that all the ceremonies of Coronation in Germany and Polonia before-recited which had their beginning long after the Reign of Clodoveus might be taken from thence and so the affinity and likeness of the one to the other doth seem to agree and Garribay also the Chronicler of Spain and of Navarre in his 22. Book talking of this Custom of Anointing and Crowning the Kings of Navarre saith that this excellent custom began there I mean in Navarre above 800 Years past and was brought in by certain Earls of Champayn of France named Theobaldes who coming to attain that Crown brought with them that Reverend Ceremony of Anointing and Crowning their Kings according to the use of the French which custom endureth until this day in that part of Navarre that is under the house of Vandome albeit in the other that is under the Spaniards which is far the greater it was left off in the Year 1513. when Ferdinand sirnamed the Catholick King of Spain entred thereupon for that the Spanish Kings are never anointed nor crowned but otherwise admitted by the Common-Wealth as before I have declared But among all other Kingdoms it seemeth that England hath most particularly taken this custom and ceremony from France not only for the reason before-alledged that divers of our English Kings have come out of France as William the Conquerour born in Normandy King Stephen son to the Earl of Blois and Bullen a Frenchman and King Henry the second born likewise in France and son to the Earl of Anjou but also for that in very deed the thing it self is all one in both Nations And albeit I have not seen any particular Book of this Action in England as in French there is yet it is easy to gather by Histories what is used in England about this affair For first of all that the Arch-Bishop of Canterbury doth ordinarily do this ceremony in England as the Arch-Bishop of Rhemes doth it in France there is no doubt and with the same Solemnity and honour according to the condition and state of our Countrey and Polidor Virgil in his History noteth that Pope Alexander did interdict and suspend the Arch-bishop of York with his two assistants the Bishops of London and Salisbury for that in the absence of Thomas Becket Arch-bishop of Canterbury and without his Licence they did crown King Henry at his Fathers perswasion and divers do attribute the unfortunate success of the said King Henry the younger that rebelled against his Father to this disorderly and violent Coronation by his Father's appointment secondly that the first thing which the said Arch-bishop requireth at the new King's hands at his Coronation is about Religion Church matters and the Clergy as in France we have seen it appeareth evidently by these words which the same Arch-bishop Thomas sirnamed commonly the Martyr remaining in banishment wrote to the same King Henry the second which are these Memores sit is confessionis quam fecistis posuistis super altare apud Westmonasterium de servanda Ecclesiae liberiate quando consecrati fuistis uncti in Regem à praedecessore nostro Thebaldo Which is Do you call to your remembrance the Confession which you made and laid upon the Altar at Westminster for keeping and defending the liberty of the Church when you were consecrated and anointed King by Thebaldus our predecessor By which words appeareth that as the King of England was consecrated and anointed in those days by the Arch-bishop of Canterbury so did he swear and give up his Oath also in writing and for more solemnity and obligation laid it down or rather offered it up with his own hands upon the Altar so much as was required of him by the said Arch-bishop and Clergy for the special safety of Religion and these Ecclesiastical Liberties which is the self same point that we have seen before as well in the Oath of the Kings of France as also of Polonia and Spain and of the Emperours both Grecian and Gerusan The very like admonition in effect I find made by another Thomas Arch-bishop of Canterbury to another King Henry to wit by Thomas Arundel to King Henry the Fourth when in a Parliament holden at Coventry in the year 1404 the King was tempted by certain temporal men to take away the Temporalities from the Clergy whereunto when the said Arch-bishop Thomas had answered by divers reasons at last turning to the King he besought him saith Stow to remember the Oath which he voluntarily made that he would honour and defend the Church and Ministers thereof Wherefore he desired him to permit and suffer the Church to enjoy the Priviledges and Liberties which in time of his Predecessors it did enjoy and to fear that King which reigneth in Heaven and by whom all other Kings do reign Moreover he desired him to consider his promise also to all the Realm which was that he would preserve unto every man their Right and Title so far as in him lay By which speech of the Arch-bishop the King was so far moved as he would hear no more of that Bill of Laity but said that he would leave the Church in as good estate or better than he found it and so he did but yet hereby we come to learn what Oath the Kings of England do make at their Coronations touching the Church and Clergy The other conditions also of good Government are partly touched in the speech of the Arch-bishop and much more expressly set down in the King of Englands Oath recorded by ancient Writers for for that he sweareth as both Holinshead and others do testify in their English Histories in these very words to wit That he will during his Life bear reverence and honour unto Almighty 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 had sworn laying his hands upon the Gospels then doth the Arch-bishop turning about to the people declare what the King hath promised and sworn and by the mouth of an Herauld at Arms asketh their Consents whether they be content to submit themselves unto this man as unto their King or no under the conditions proposed whereunto when they have yielded themselves then beginneth the Arch-bishop to put-upon him the Regal Ornaments
as the Sword the Ring the Scepter and Crown as before in the French Coronation you have heard and namely he giveth him the Scepter of S. Edward the Confessor and then he addeth also the same words of Commission and Exhortation as the other doth to wit Stand and hold thy Place and keep thy Oath and thereunto adjoineth a great commination or threat if he should take upon him that Dignity without firm purpose to observe the things which this day he hath sworn and that is the summe of the English Coronation which you may read also by piece-meal in John Stow according as other things in that his brief Collection are set down but especially you shall see it in the admissions as well of the said King Henry the fourth now last mentioned as also of King Edward the fourth at their first entrances to the Crown for in the admission of King Henry Stow sheweth how the People were demanded thrice whether they were content to admit him for their King and that the Arch-bishop of Canterbury who was the same Thomas Arundel of whom we spake before did read unto them what this new King was bound by Oath unto and then he took the Ring wherewith he was to wed him to the Common-wealth which Wedding importeth as you know an Oath and mutual Obligation on both sides in every Marriage and the Earl of Northumberland and high Constable of England for that day was willed to shew the said Ring to the People that they might thereby see the band whereby the King was bound unto them And then it was put upon his finger and the King kissed the Constable in sign of acceptance fell on his knees also to prayer that he might observe his Promise and other like ceremonies saith Stow were used and this was done the 13. of October 1359. and therefore upon good reason might this same Arch-bishoop put him afterward in mind of this his Oath as before I have shewed that he did At the admission also of King Edward the fourth Stow sheweth in his Chronicle that first the peoples consent was demanded very solemnly in S. John's Field by London the 29. of February in the year 1460. notwithstanding that King Edward had proved his Title by Succession before in the Parliament holden at Westminster and now this consent of the People being had or he being thus elected as Stowes words are he went the next day in Procession at Pauls and offered there and after Te Deum being sung he was with great Royalty conveyed to Westminster and there in the Hall set in the King's Seat with S. Edward's Scepter in his hand and then the People were asked again if they would have him King and they cried Yea Yea thus far John Stow. And if any would take exception against these of King Henry and King Edward the fourth because they entred and began their Reigns upon the deprivation of other Kings then living There are yet many living in England that have seen the several Coronations of King Edward VI. Queen Mary and Queen Elizabeth that now reigneth and can witness that at all and every of their Coronations the consent of the People and their acceptation of those Princes is not only demanded by the publick cry of a Herald at Arms which standeth on both the sides of the high Scaffold or Stage whereon the Prince is crowned and the Peoples answer expected till they cry Yea Yea But also that the said Princes gave there their corporal Oath upon the Evangelists unto the Bishop that crowned them to uphold and maintain the Faith afore-named with the Liberties and Priviledges of the Church as also to govern by Justice and Law as hath been said which Oaths no doubt have been sworn and taken most solemnly by all the Kings and Queens of England from the days of King Edward the Confessor at the least and he that will see more points of these Oaths set down in particular let him read Magna charta and he will be satisfied By all which and by infinite more that might be said and alledged in this matter and to this purpose it is most evident said the Civilian Lawyer that this agreement bargain and contract between the King and his Commonwealth at his first admssiion is as certain and firm notwithstanding any Pretence or Interest he hath or may have by Succession as any contract or Marriage in the World can be when it is solemnized by words de praesenti as our Law speaketh between parties espoused before by words de future which is an act that expresseth this other most lively as afterwards more at large I shall shew unto you and consequently I must needs affirm to be most absurd base and impious that flattery before-mentioned of Belloy and his companions in their Books before cited where he holdeth that only Succession of Bloud is the thing without further approbation which maketh a King and that the Peoples consent to him that is next by Birth is nothing at all needful be he what he will and that his admission Inunction or Coronation is only a matter of external ceremony without any effect at all for increase or confirmation of his right These I say are unlearned fond and wicked assertions in flattery of Princes to the manifest ruine of Common-wealths and perverting of all Law Order and Reason which assertions albeit they have been sufficiently as I suppose refuted before yet mean I to stand a little more upon them in this place for more evident demonstration of so important a a Truth as also to see and examine what may duely be attributed to bare Succession alone to the end that no man may think we mean to improve or imbase that which we esteem in so high degree and think that the best and surest way of maintaining Kingly Government in the World is to have it go by Succession as it doth at this day in England and in most other States of Europe besides though yet with the limitations and conditions due thereunto whereof I shall now begin to treat more in particular but after some little pause if you please for that this other Narration hath well wearied me CHAP. VI. 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 Commonwealth and how justly he may be put back if he have not the other parts requisite also VEry reasonable it seemed to all the whole Assembly that some intermission or pause should be admitted as the Civilian had required and this as well for the commodity of the hearers who desired to confer together more in particular of the points already discussed as also of the Speaker who with reason affirmed that he was somewhat weary seeing he had continued his speech so long together And so with one consent they rose all and went into an Orchard adjoining to the house and
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
Stow that he had all mens Good-will and was Crowned as his Brother had been at Kingston by Odo Arch-bishop of Canterbury and Reigned nine years with great good will and praise of all men He dyed at last without Issue and so his Elder Nephew Edwin was admitted to the Crown but yet after four years he was deposed again for his lewd and vitious Life and his younger brother Edgar admitted in his place in the year of Christ 959 This King Edgar that entred by deposition of his Brother was one of the rarest Princes that the World had in his time both for Peace and War Justice Piety and Valour Stow saith he kept a Navy of three thousand and six hundred Ships distributed in divers Parts for defence of the Realm Also that he built and restored 47 Monasteries at his own Charges and did other many such Acts he was Father to King Edward the Martyr and Grandfather to King Edward the Confessor though by two different Wives for by his first Wife named Egilfred he had Edwarâ— after martyrized and by his second Wife Alfred he had Etheldred Father to Edward the Confessor and to the end that Etheldred might Reign his Mother Alfred caused King Edward the son of Egilfred to be slain after King Edgar her Husband was dead After this so shameful Murther of King Edward many good men of the Realm were of opinion not to admit the Succession of Etheldred his half Brother both in respect of the Murther of King Edward his elder Brother committed for his sake as also for that he seemed a man not fit to Govern and of this opinion among others was the Holy man Dunston Archbishop of Canterbury as Polidor saith who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldred's side he foretold them that it would repent them after and that in this man's Life the Realm should be destroyed as indeed it was and he ran away to Normandy and left Sweno and his Danes in possession of the Realm though afterwards Sweno being dead he returned again and dyed in London This Etheldred had two Wives the first Ethelgina an English Woman by whom he had Prince Edmund sirnamed Ironside for his great strength and valour who succeeded his Father in the Crown of England for a year and at his death left two Sons which after shall be named and besides this Etheldred had by his first Wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma Sister to Richard Duke of Normandy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William so as Emma was great Aunt to this William and she bare unto King Etheldred two Sons the First Edward who was afterwards named King Edward the Confessor Alerud who was slain traiterously by the Earl of Kent as presently we shall shew After the death also of King Etheldred Queen Emma was married to the Dane King Canutus the first of that name sirnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Son named Hardicaâ—utus who Reigned also in England before King Edward the Confessor Now then to come to our Purpose he that will consider the passing of the Crown of England from the death of Edmond Ironside elder Son of King Etheldred until the possession thereof gotten by William Duke of Normandy to wit for the space of 50 years shall easily see what authority the Commonwealth hath in such Affairs to alter titles of Succession according as publick necessity or utility stall require for thus briefly the matter passed King Etheldred seeing himself too weak for Sweno the King of Danes that was entred the Land fled with his Wife Emma and her two children Edward and Alerud unto her Brother Duke Richard of Normandy and there remained until the death of Sweno and he being dead Etheldred returned into England made a certain Agreement and Division of the Realm between him and Canutus the son of Sweno and so dyed leaving his eldest Son Edmond Ironside to succeed him who soon after dying also left the whole Realm to the said Canutus and that by plain Covenant as Canutus pretended that the Longest Liver should have all whereupon the said Canutus took the two Children of King Edmond Ironside named Edmond and Edward and sent them over into Sweedland which at that time was subject also unto him and caused them to be brought up honourably of which Two the Elder named Edmond dyed without issue but Edward was married and had divers Children as after shall be touched Etheldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parliament and Consent of the Realm and Crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King went to Rome and was allowed by that See also He did many Works of Charity shewed himself a good Christian and very loving and kind to Englishmen married Queen Emma an Englishwoman and Mother to King Edward the Confessor and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had Reigned twenty Years though his entrance and Title was partly by Force and partly by Election as before you heard After this Canutus the First sirnamed the Great for that he was King jointly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford to consult whom they should make King and at last by the more part of Voices was chosen Herauld the first Son of Canutus by a Concubine by which Election we see injury was done to the Lineal Succession of three Parties first to the Sons of King Edmond Ironside that were in Sweedland then to the Princes of Edward and Alerud Sons to King Etheldred and Brothers to Ironside that were in Normandy and thirdly to Hardicanutus Son to Canutus by his Lawful Wife Emma to whom it was also assured at her Marriage that her Issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within three years after his Election there came from Denmark Hardicanutus to claim the Crown that his Father and Brother had possessed before him of whose Coming Polidor saith libentissimis animis accipitur communique omnium consensu Rex dicitur He was received with great good-will of all and by common Consent made King and this was done by the States without any respect had of the Succession of those Princes in Normandy and Swedeland and who by birth were before him as hath been shewed and this is the second breach of Lineal Descent after Etheldred
People and by help principally of Henry Newborow Earl of Warwick that dealt with the Nobility for him and Maurice Bishop of London with the Clergy for that Anselm Archbishop of Canterbury was in banishment Besides this also it did greatly help his cause that his elder Brother Robert to whom the Crown by right appertained was absent again this second time in the War of Jerusalem and so lost thereby his Kingdom as before Henry having no other Title in the World unto it but by Election and Admission of the People which yet he so defended afterwards against his said Brother Robert that came to claim it by the Sword and God did so prosper him therein as he toâ—k his said elder Brother Prisoner and so kept him for many Years until he dyed in Prison most pitifully But this King Henry dying left a Daughter behind him named Mawde or Mathilde which being married first to the Emperour Henry the V. he dyed without issue and then was she married again the second time to Geffry Plantagenet Earl of Anjow in France to whom she bare a Son named Henry his Grandfather caused to be declared for Heir Apparent to the Crown in his Days but yet after his decease for that Stephen Earl of Bollogne born of Adela Daughter to William the Conquerour was thought by the State of England to be more fit to Govern and to defend the Land for that he was at Mans age then was Prince Henry a Child of Maude his Mother he was admitted and Henry put back and this chiefly at the perswasion of Henry Bishop of Winchester Brother to the said Stephen as also by the Solicitation of the Abbot of Glassenbury and others who thought belike they might do the same with good Conscience for the good of the Realm though the event proved not so well for that it drew all England into Factions and Divisions for avoiding and ending whereof the States some Years after in a Parliament at Walâ—ingford made an agreement that Stephen should be Lawful King during his Life only and that Henry and his Off-spring should succeed him and that Prince William King Stephen's Son should be deprived of his Succession to the Crown and made only Earl of Norfolk thus did the State dispose of the Crown at that time which was in the Year of Christ 1153. To this Henry succeeded by Order his Eldest son then living named Richard and sirnamed Cordelyon for his Valor but after him again the Succession was broken For that John King Henry's youngest Son to wit younger Brother to Richard whom his Father the King had left so unprovided as in jest he was called by the French Jean sens terre as if you would say S r John Lacke Land This man I say was after the death of his Brother Admitted and Crowned by the States of England and Arthur Duke of Britain Son and Heir to Geffery that was elder brother to John was against the ordinary course of Succession excluded And albeit this Arthur did seek to remedy the matter by War yet it seemed that God did more defend this Election of the Commonwealth than the right Title of Arthur by Succession for that Arthur was overcome and taken by King John though he had the King of France on his side and he dyed pitifully in prison or rather as most Authors do hold he was put to death by King John his Uncles own hands in the Castle of Roan thereby to make his Title of Succession more clear which yet could not be for that as well Stow in his Chronicle as also Matthew of Westminster and others before him do write that Geffrey besides this Son left two Daughters also by the Lady Constance his Wife Countess and Heir of Britaine which by the Law of England should have succeeded before John but of this small account seemed to be made at that day Some years after when the Barons and States of England misliked utterly the Government and proceeding of this King John they rejected him again and chose Luys the Prince of France to be their King and did swear Fealty to him in London as before hath been said and they deprived also the young Prince Henry his Son that was at that time but eight years old but upon the death of his Father King John that shortly after insued they recalled again that sentence and admitted this Henry to the Crown by the name of King Henry the III. and disanulled the Oath and Allegiance made unto Luys Prince of France and so King Henry Reigned for the space of 53. years afterwards the longest Reign as I think that any before or after him hath had in England Moreover you may know that from this King Henry the third do take their first beginning the two branches of York and Lancaster which after fell to so great contention about the Crown Into which if we would enter we should see plainly as before hath been noted that the best of all their titles after the deposition of King Richard the second depended on this authority of the Commonwealth for that as the People were affected and the greater part prevailed so were their titles either allowed confirmed altered or disanulled by Parliaments and yet may not we well affirm but that either part when they were in possession and confirmed therein by these Parliaments were lawful Kings and that God concurred with them as with true Princes for Government of their People For if we should deny this point as before hath been noted great inconveniencis would follow and we should shake the States of most Princes in the World at this day as by examples which alreay I have alledged in part may appear And with this also I mean to conclude and end this discourse in like manner affirming that as on the one side propinquity of Bloud is a great preheminence towards the attaining of any Crown so yet doth it not ever bind the Commonwealth to yield thereunto if weightier Reasons should urge them to the contrary neither is the Commonwealth bound always to shut her Eyes and to admit at hap-hazard or of necessity every one that is next by Succession of Bloud as Belloy falsly and fondly affirmeth but rather she is bound to consider well and maturely the Person that is to enter Whether he be like to perform his duty and charge committed unto him or no for that otherwise to admit him that is an enemy or unfit is but to destroy the Common-wealth and him together This is my opinion and this seemeth to me to be conform to all Reason Law Religion Piety Wisdom and Policy and to the use and custom of all well governed Common-wealths in the World Neither do I mean hereby to prejudice any Princes pretence or Succession to any Crown or Dignity in the World but rather do hold that he ought to enjoy his Preheminence but yet so that he be not prejudiciae thereby to the whole
and Nobles of the Royal Blood of England to all which by Law of Nature Equity and Reason he said that he bare reverent honour and respect and to discuss their several Pretentions Rights Interests and Titles to the Crown he said that his meaning was not to offend hurt or prejudicate none nor to determin any thing resolutly in favour or hinderance of any of their Pretences or Claims of what Side Family Faction Religion or other Party soever he or she were but rather plainly and indifferently without hatred or partial affection to or against any to lay down sincerely what he had heard or read or of himself conceived that might justly be alledged in favour or disfavour of every Titler And so much the rather he said that he would do this for that in very truth the Civilians speech had put him in a great indifferency concerning matter of Succession and had taken out of his Head many scrupulosities about nice Points of Nearness in Blood by the many Examples and Reasons that he had alledged of the Proceeding of Christian Commonwealths in this Affair preferring oftentimes him that was further off in Blood upon other Considerations of more weight and importance which Point seemed to him to have been so evidently proved as no man can deny it and much less condemn the same without the Inconveniences before alledged and mentioned of calling all in doubt that now is established in the World considering that not only foreign Countries but England also it self so often hath used the same putting back the next in Blood Wherefore he said that for as much as Commonwealths and the consent will and desire of each Realm was proved to have High and Soveraign Authority in this Affair and that as on the one side Nearness of Blood was to be respected so on the other there wanted not sundry considerations and circumstances of as great moment as this or rather greater for that oftentimes these considerations had been preferred before Nearness of Blood as hath been declared I do not know quoth he who of the Pretenders may next obtain the Garland whatsoever his Right by Propinquity be so he have someright as I think all have that do pretend and therefore I mean not to stand upon the justification or impugning of any one Title but rather to leave all to God and to them that must one day try and judge the same in England to whom I suppose this Speech of mine cannot be but grateful and commodious for the better understanding and discerning of those matters whereof of necessity ere it be long they must be Judges and Vmpires when God shall appoint and consequently for them to be ignorant or unacquainted with the same as men say that commonly most in England at this day cannot be but very inconvenient and dangerous In this manner he spake and after this he began his discourse setting down first of all the sundry Books and Treatises which he understood had been made or written hitherto of this Affair CHAP. I. Of the divers Books and Treatises that have been written heretofore about the Titles of such as pretend to the Crown of England aed what they do contain in favour or disfavour of sundry Pretenders ACcording to the Variety of mens Judgments and Affections of man in this behalf so said the Lawyer that divers had written diversly in sundry Books and Treatises that had come to light and went among men from hand to hand though all were not printed And First of all he said that not long after her Majesties coming to the Crown there appeared a certain Book written in the favour of the house of Suffolk and especially of the Children of the Earl of Hartford by the Lady Catharin Gray which Book offended highly the Queen and Nobles of England and was afterwards found to be written by one Hales sirnamed the Club foot who was Clerk of the Hamper and Sir Nicolas Bacon then Lord Keeper was presumed also to have had a principal part in the same for which he was like to have lost his Office if Sir Antony Brown that had been Chief Judge of the Common Pleas in Queen Maries time would have accepted thereof when her Majesty offered the same unto him and my Lord of Leicester earnestly exhorted him to take it but he refused it for that he was of a different Religion from the State and so Sir Nicolas Bacon remained with the same at the great instance of Sir William Cecill now Lord Treasurer who though he were to be privy also to the said Book yet was the matter so wisely laid upon Hales and Bacon and Sir William was kept free thereby to have the more Authority and Grace to procure the others pardon as he did The bent and butt of this Book was as I have said to prefer the Title of the Lady Catharine Gray Daughter of the Lady Frances Dutchess of Suffolk which Frances was Daughter to Mary the younger Daughter to King Henry VII before the Title of the Queen of Scots then living and of her Son which were descended of Lady Margaret eldest Daughter of the said King Henry And the reasons which this Book did alledge for the same were principally two The First that the Laws of England did not admit any stranger or alien to inherit in England to wit any such as were born out of the Allegiance of our Realm for so are the words of the Law and for that the Queen of Scots and her Son are known to be so born therefore they could not succeed and consequently that the house of Suffolk descended of the second Daughter must enter in their place The second Reason is for that there is given Authority to King Henry VIII by two several Acts of Parliament in the 28. and 36. Year of his Reign to dispose of the Succession by his last Will and Testament as he should think best among those of his Kindred that did pretend after his Children aâ—â— that the said King according to his Commission did ordain that if his own Children did dye without issue then the Off-spring of his younger Sister Mary that were born in England should be preferred before the Issue of the elder that was Margaret married into Scotland and this was the effect of this first Book Against this Book were written two other soon after the First by one Morgan a Divine if I remember well sometimes Fellow of Oriel Colledge in Oxford a man of good account for Learning among those that knew him and he was thought to have written the said Book by the advice and assistance of the foresaid Judge Brown which thing is made the more credible by the many Authorities of our Common Law which therein are alledged and the parts of this Book if I forget not were three or rather they were three Books of one Treatise the first whereof did take upon it to clear the said Queen of Scots for the Murther of the Lord
to handle the same again and more largely hereafter These Points toucheth Highington though divers other he leave untouched which are of much importance for the resolution as whether after the Line extinguished of King Henry the IV. which was the eldest son of John of Gaunt there should have entred the Line of Lady Philippa the eldest Daughter lawfully begotten of Blanch first Wife of John of Gaunt or else the race of John Earl of Somerset younger son by his third Wife which then was base-born but legitimated by Parliament for of Philip do come the Kings of Portugal and of John came King Henry the VII And again these Points had been to be disputed as well touching the Succession to the Dukedom of Lancaster alone as also to the Crown jointly all which Articles shall severally afterwards be handled in their places And thus much of this Book More than these four Books I have not seen written of this Affair though I have heard of one made in Flanders in the behalf of the Duke of Parma that is now who by his Mother descendeth of the same Line of Portugal that the King of Spain doth and as this Book pretendeth if we respect the ordinary course of English Laws in particular mens Inheritances he is to be preferred before the said King or any other of the House of Portugal for that his Mother descended of the younger Son and the King of the elder Daughter of the King of Portugal and albeit according to the Law of Portugal the King Was adjudged Next Heir to that Crown yet say they by our Laws of England he cannot be which after must be examined Thus saith that Book and he alledgeth many Reasons for the same as it hath been told me for as I said I never came to have a view of the whole Book but divers of his Arguments I have seen laid together which I shall afterwards in place convenient alledge unto you with the Answers Censures and Replies that the contrary Parties do make thereunto Divers other Papers Nots and Memories I have seen also said he as well touching the Succession of those whom I have named as of others for that Sir Richard Shelly who dyed some years ago in Venice by the name of Lord Prior of S. Johns of England had gathered divers Points touching these Affairs and many more than he had Mr. Francis Peto that dyed in Millain and was a very curious and well read man in Genealogies as may appear by sundry Papers that I have seen of his There want not also divers in England who have traveled much in this business and I have had the the perusing of some of their Labours though I dare not discover their names lest thereby I should hurt them which were not convenient But one great Trouble find I in them all that every man seeketh to draw the whole Water unto his own Mill and to make that Title always most clear whom he most favoureth and this with so great probability of Reason and Authority many times as it is hard to retain a mans consent from that which is said until he have read the Reasons of the other Party and this also is a great Proof of the wonderful ambiguity and doubtfulness which in this most important Affair is to be found And by the way also I had almost forgotten to tell you how that of late I have lighted upon a certain new Discourse and Treatise made in the behalf of the King of Spain's eldest Daughter whom he had by his Wife Isabel the eldest Sister of the last King of France which Isabel and her Daughter the Infanta of Spain called also Isabel are presumed to be the Lawful Heirs to the State of Britany and to all other States that by that means of Britany or otherwise by Women have come to France or have or may fall upon a Woman of the House of France as the States of England and other States thereunto annexed may for that they follow not the Law Salique of France And so this Treatise proveth that by divers ways and for sundry considerations this Princess of Spain is also of the Blood Royal of England and may among others be entituled to that Crown by a particular Title of her own besides the pretence which her Father the King or her Brother the Prince of Spain have for themselves by the House of Portugal all which Reasons and Considerations I shall alledge afterwards in their place and time or at least wise the chief and principal of them And to the end they may be understood the better as also the clearness and pretentions of all the rest that have interest in this Affair I shall first of all for a beginning and foundation to all the rest that shall or may be spoken hereafter set down by way of historical narration all the descents of our English Kings and Pretenders that be important to this our Purpose from the Conquest unto our time which being compared with the Tree it self of Genealogies that shall be added in the end of this Conference will make the matter more plain and pleasant to the Reader CHAP. II. Of the Succession of the Crown of England from the Conquest unto the time of King Edward the III. with the beginning of three principal Lineages of the English Bloud-Royal dispersed into the Houses of Britain Lancaster and York NO man is ignorant said the Lawyer how William the Conqueror came to the Crown of England which was indeed by dint of Sword though he pretended that he was chosen by the will and testament of King Edward the Confessor But howsoever this were his posterity hath endured untill this day and two and twenty Princes of his race have worn the English Crown after him for the space of more then five hundred years and how many more may yet do the same God only knoweth but if we follow probabillity we cannot want of them seeing his bloud is so dispersed over the World at this day as by this Declaration ensueing will appear This King William according to Polidor and other Chronicles of England had by his Wife Mathilda Daughter of Baldwin Earl of Flanders four Sons and five Daughters his eldest Son was Robert whom he left Duke of Normandy who was afterwards deprived of that Dukedom by his younger and fourth Brother Henry when he came to be King of England His second Son was Richard that dyed in his youth his third Son was William surnamed Rufus for that he was of red Hair and the fourth Son was Henry which two last Sons were both Kings of England one after the other as the World knoweth by the names of William the second and Henry the first The Conquerours Daughters were first Cecilie that was a Nun and the second Constantia that was Married to Alayn surnamed Fergant Duke of Britanie and the third was Adela or Alis Married to Stephen County Palatine of Bloys Champagne
and Chartres in France and the other two Polidor said dyed before they were Married and so their names were not Recorded These are the Children of King William the Conqueror among whom after his death there was much strife about the Succession For first his eldest Son Duke Robert who by order of Ancestrie by birth should have succeeded him in all his Estates was put back first from the Kingdom of England by his third Brother William Rufus upon a pretence of the Conquerors Will and Testament for particular affection that he had to this his said third Son William though as Stow Writeth almost all the Nobility of England were against William's entrance But in the end agreement was made between the two Brothers with the condition that if William should dye without Issue then that Robert should succeed him and to this accord both the Princes themselves and twelve principal Peers of each side were Sworn but yet after when William dyed without Issue this was not observed but Henry the fourth Son entred and deprived Robert not only of this his Succession to England but also of his Dukedom of Normandy that he had enjoyed peaceably before all the time of his Brother Rufus and moreover he took him Prisoner and so carried him into England and there kept him till his death which happened in the Castle of Cardif in the year 1134. And whereas this Duke Robert had a goodly Prince to this Son named William who was Duke of Normandy by his Father and Earl of Flanders in the right of his grand Mother that was the Conquerors Wife and Daughter of Baldwin Earl of Flanders as hath been said and was established in both these States by the help of Lewis the VI. surnamed Le Gros King of France and admitted to do homage to him for the said States his Uncle King Henry of England was so violent against him as first he drove him out of the state of Normandy and secondly he set up and maintained a Competitor or two against him in Flanders by whom finally he was slaine in the year of Christ 1128. before the Town of Alost by an Arrow after he had gotten the upper hand in the Field and so ended the race of the first Son of King William the Conquerour to wit oâ— Duke Robert which Robert lived after the Death of his said Son and Heir Duke William Six years in Prison in the Castle of Cardiff and pined away with sorrow and misery as both the French and English Histories do agree The second Son of the Conqueror named Richard dyed as before hath been said in his Fathers time and left no Issue at all as did neither the third Son William Rufus though he Reigned 13. years after his Father the Conqueror in which time he established the Succession of the Crown by consent of the States of England to his elder Brother Duke Roberts issue as hath been said though afterwards it was not observed This King Rufus came to the Crown principally by the help and favour of Lanfrancus Archbishop of Canterbury who greatly repented himself afterward of the error which in that point he had committed upon hopes of his good Government which proved extream evil But this King William Rufus being slayn afterward by the Arrow of a Cross-bow in Newforrest as is well known and this at such time as the foresaid Duke Robert his elder Brother to whom the Crown by Succession apperteined was absent in the War of the Holy Land where according as most Authors do Write he was chosen King of Hierusalem but refused it upon hope of the Kingdom of England But he returning home found that his fourth Brother Henry partly by fair promises and partly by force had invaded the Crown in the year 1110. and so he Reigned 35. years and had Issue divers Sons and Daughters but all were either drounded in the Seas coming out of Normandy or else dyed otherwise before their Father except only Mathildis who was first Married to Henry the Emperour fifth of that name and after his death without Issue to Geffrey Plantagenet Duke of Anjow Touraine and Maine in France by whom she had Henry which Reigned after King Stephen by the name of Henry the II. And thus much of the Sons of William the Conqueror Of his two Daughters that lived to be Married and had Issue the elder named Constance was Married to Alayn Fergant Duke of Britain who was Son to Hoel Earl of Nants and was made Duke of Britain by William the Conquerors means in manner Following Duke Robert of Normanyd Father to the Conqueror when he went on Pilgrimage unto the Holy Land in which Voyage he dyed left for Governour of Normandy under the protection of King Henry the first of France Duke Alayne the first of Britain which Allayn had Issue Conan the first who being a stirring Prince of about 24. years old when Duke William began to treat of passing over into England he shewed himself not to favour much that enterprise which Duke William fearing caused him to be Poysoned with a pair of perfumed Gloves as the French stories do report and caused to be set up in his place and made Duke one Hoel Earl of Nantes who to gratifie William sent his Son Alaine surnamed Fergaâ—t with 5000. Souldiers to pass over into England with him and so he did and William afterward in recompence thereof gave him his eldest Daughter Constantia in Marriage with the Earldom oâ— Richmond by whom he had Issue Conan the second surnamed le Gross who had Issue a Son and a Daughter The Son was called Hoel as his Grand-Father was and the Daughters name was Bertha Married to Eudo Earl of Porhet in Normandy and for that this Duke Conan liked better his Daughter and his Son in-law her Husband then he did Hoel his own Son he disavowed him on his Death Bead and made his said Daughter his Heir who had by the said Eudo a Son named Conan surnamed the younger which was the third Duke of that name and this man had one only Daughter and Heir named Lady Constance who was Married to the third Son of King Henry the second named Geffrey and elder Brother to King John that after came to Reign and by this Lord Geffrey she had Issue Arthur the second Duke of Britain whom King John his Uncle put back from the Crown of England and caused to be put to death as after shall be shewed and he dying without Issue his Mother Constance Dutchess and Heir of Britain Married again with a Prince of her own House whom after we shall name in the prosecution of this Line and by him she had Issue that hath endured until this day the last whereof hitherto is the Lady Isabella infant of Spain and that other of Savoy her Sister whom by this means we see to have descended from King William the Conqueror by his eldest Daughter Lady
the great and Royal Houses of Burgundy and Orleans whereby all three Commonwealths I mean England Britany and France were like to have come to destruction and utter desolation And for that it may serve much to our purpose hereafter to understand well this controversie of Britany I think it not amiss in few words to declare the same in this place Thus then it happened The foresaid Arthur the second of that name Duke of Britanie and Son of Lady Beatrix that was Daughter as hath been said to King Henry the III. of England had two Wives the first named Beatrix as his Mother was and by this he had two Sons John that succeeded him in the State by the name of Duke John the III. and Guye that dying before his elder Brother left a Daughter and Heir named Joan and surnamed the lame for that she halted who was married to the Earl of Bloys that was Nephew to Phillip of Valois King of France for that he was born of his Sister But besides the two Children the said Duke Arthur had by his second Wife named Joland Countess and Heir of the Earldom of Monford another Son called John Breno who in the right of his Mother was Earl of Monford And afterward when Duke John the III. came to die without Issue the question was who should succeed him in his Dukedom the Uncle or the Neece that is to say his third Brother John Breno by half bloud or else his Neece Joan the lame that was Daughter and Heir to his second Brother Guye of whole bloud that is by Father and Mother which Lady Joan was married to the Earl of Bloys as hath been said And first this matter was handled in the Parliament of Paris the King himself sitting in Judgment with all his Peers the 30 day of September 1341 and adjudged it to the Earl of Bloys both for that his Wife was Heir to the elder Brother as also for that Duke John by his Testiment and consent of the States had appointed her to be his Heir but yet King Edward the III. and States of England did Judge it otherwise and preferred John Monford not knowing that the very case was to fall out very soon after in England I mean they Judged the State to John Breno Earl of Monford younger Brother to Guy and they assisted him and his Son after him with all their Forces for the gaining and holding of that State And albeit at the beginning it seemed that matters went against Monford for that himself was taken prisoner in Nantes and carried captive to Paris where he died in prison yet his Son John by the assistance of the English Armies got the Dukedome afterward and slew the Earl of Bloys and was peaceably Duke of Britanie by the name of John the IV. and his posterity hath endured until this day as briefly here I will declare This Duke John the IV. of the House of Monford had Issue John the V. and he Francis the first who dying without Issue left the Dukedom to Peter his Brother and Peter having no Children neither he left it to his Uncle Arthur the III Brother to his Father John the V. and this Arthur was Earl of Richmond in England as some of his ancestors had been before him by gifts of the Kings of England This Arthur dying without Issue left the Dukedom unto his Nephew to wit his Brothers Son Francis the II. who was the last male Child of that race and was he that had once determined to have delivered Henry Earl of Richmond unto his enemy King Edward the IV. and after him to King Richard the III. but that Henry's good fortune reserved him to come to be King of England This Duke Francis had a Daughter and Heir named Anna married first to Charles the VIII King of France and after his death without Issue to his Successor Lewis the XII by whom she had a Daughter named Claudia that was Heir to Britanie though not to the Crown of France by reason of the Law Salique that holdeth against women in the Kingdom of France but not in Britany and to the end this Dukdome should not be disunited again from the said Crown of France this Daughter Claudia was married to Francis Duke of Angolome Heir apparent to the Crown of France by whom she had Issue Henry that was afterward King of France and was Father to the last King of that Country and to Isabel Mother of the Infanta of Spain and of her Sister the Dutchess of Savoy that now is by which also some do affirm that the said Princess or Infanta of Spain albeit she be barred from the Succession of France by their pretended Law Salique yet is her title manifest to the Dukdome of Britanie that came by a woman as we have shewed and thus much of the House of Britany and of the Princess of Spain how she is of the Bloud Royal of England from the time of William the Conqueror himself by his eldest Daughter as also by other Kings after him and now we shall return to prosecute the Issue of these two Sons of King Henry the III. to wit of Edward and Edmond which before we left I shewed you before how King Henry the III. had two Sons Edward the Prince that was King after his Father by the name of Edward the first and Edmond surnamed Crouchback by some Writers who was the first Earl and County Palatine of Lancaster and beginner of that House And albeit some Writers of our time have affirmed or at least wise much inclined to favour a certain old report that Edmond should be the Elder Brother to Edward and put back only for his deformity of his body whereof Polidor doth speak in the beginning of the Reign of King Henry the IV. and as well the Bishop of Ross as also George Lilly do seem to believe it yet evident it seemeth that it was but a fable as before I have noted and now again shall briefly prove it by these reasons following for that it importeth very much for deciding the controversie between the Houses of Lancaster and York The first reason then is for that all Ancient Historiographers of England and among them Mattheus Westmonasteriensis that lived at the same time do affirm the contrary and do make Edward to be elder then Edmond by six years and two days for that they appoint the Birth of Prince Edward to have been upon the 16. day of June in the year of Christ 1239 and the 24. of the Reign of his Father King Henry and the Birth of Lord Edmond to have followed upon the 18. day of the same month 6 years after to wit in the year of our Lord 1245 and they do name the Godfathers and Godmothers of them both together with the peculiar solemnities and feasts that were celebrated at their several Nativities so as it seemeth there can be no error in this matter The 2d
Richard and Reigned 13. years by the name of King Henry the fourth and was the first King of the House of Lancaster of the right of whose title examination shall be made afterwards The first of the two daughters which John of Gaunt had by Blanch was named Philippa who was married to John the first of â—hat name King of Portugal by whom she had Issue Edward King of Portugal and he Alfonsus the fifth and he John the second and so one after another even unto our days The second daughter of John of Gaunt by Lady Blanch was named Elizabeth who was married to John Holland Duke of Exeter and she had Issue by him another John Duke of Exeter and he had Issue Henry Duke of Exeter that died without Issue Male leaving only one Daughter named Anne who was married to Sir Thomas Nevil Knight and by him had Issue Ralph Nevil third Earl of Westmerland whose Lineal Heir is at this day Lord Charles Nevil Earl of Westmerland that liveth banished in Flanders And this is all the Issue that John of Gaunt had by Lady Blanch his first Wife saving only that I had forgotten to prosecute the Issue of Henry his first Son surnamed of Bullenbroke that was afterward called K. Henry the fourth which King had four Sons and two daughters his daughters were Blanch and Philippa the first married to William Duke of Bavaria and the second to Erick King of Denmark and both of them died without Children The four Sons were first Henry that Reigned after him by the name of Henry the fifth and the second was Thomas Duke of Clarence the third was John Duke of Bedford and the fourth was Humphry Duke of Glocester all which three Dukes died without Issue or were slain in Wars of the Realm so as only King Henry the fifth their elder Brother had Issue one Son named Henry also that was King and Reigned 40 years by the name of Henry the sixth who had Issue Prince Edward and both of them I mean both Father and Son were murthered by order or permission of Edward Duke of York who afterward took the Crown upon him by the name of King Edward the fourth as before hath been said so as in this King Henry the sixth and his Son Prince Edward ended all the bloud-Royal male of the House of Lancaster by Blanch the first Wife of John of Gaunt and the Inheritance of the said Lady Blanch returned by right of succession as the favourers of the House of Portugal affirm though others deny it unto the Heirs of Lady Philip her eldest daughter married into Portugal whose Nephew named Alfonsus the fifth King of Portugal lived at that day when King Henry the sixth and his Heir were made away and thus much of John of Gaunt's first marriage But after the death of the Lady Blanch John of Gaunt married the Lady Constance daughter and Hâ—ir of Peter the first surnamed the Cruel King of Castile who being driven out of his Kingdom by Henry his Bastard-brother assisted thereunto by the French he fled to Bourdeaux with his Wife and two daughters where he found Prince Edward eldest Son to King Edward the third by whom he was restored and for pledge of his fidelity and performance of other conditions that the said King Peter had promised to the Prince he left his two daughters with him which daughters being sent afterwards into England the eldest of them named Constance was married to John of Gaunt and by her Title he named himself for divers years afterwards King of Castile and went to gain the same by Arms when Peter her Father was slain by his foresaid Bastard-brother But yet some years after that again there was an agreement made between the said John of Gaunt and John the first of that name King of Castile Son and Heir of the foresaid Henry the Bastard with condition that Catharine the only daughter of John of Gaâ—nt by Lady Constance should marry with Henry the third Prince of Castile Son and Heir of the said King John and Nephew to the Bastard Henry the second and by this means was ended that controversie between England and Castile And the said Lady Catharine had Issue by King Henry John the second King of Casâ—â—â—e and he Isabel that married with Ferdinando the Catholick King of Aragon and joyned by that marriage both those Kingdoms together and by him she had a daughter named Joan that married Philip Duke of Austria and Burgundy and by him had Charles the such that was Emperor and Father to King Philip that now reigneth â—n Spain who as we see is descided two ways from John of Gaunt Duke of Lancaster to wit by two daughters begotten of two Wives Blanch and Constance neither had John of Gaunt any more Children by Constance but only this daughter Catharine of whom we have spoken wherefore now we shall speak of his third Wife that was Lady Catharine Swinford This Lady Catharine as English Histories do note was born in Heinalt in Flanders and was daughter to a Knight of that Country called Sir Payne de Ruet and she was brought up in her youth in the Duke of Lancasters house and attended upon his first Wife Lady Blanch and being fair of personage grew in such favour with the Duke as in the time of his second Wife Constance he kept this Catharine for his Concubine and begat upon her four Children to wit three Sons and â— daughter which daughter whose name was Jane was married to Ralph Earl of Westmorland called commonly in those days Daw Raby of whom descended the Earls of Westmorland that ensued His three Sons were John Thomas and Henry and John was first Earl and then Duke of Summerset Thomas was first Marques of Dorset and then Duke of Excester Henry was Bishop of Winchester and after Cardinal And after John of Gaunt had begotten all these four Children upon Catharine he married her to a Knight in England named Swinford which Knight lived not many years after and John of Gaunt coming home to England from Aquitaine where he had been for divers years and seeing this old Conâ—â—â—â—ne of his Catharine to be now a Widow and himself also without a Wife for that the Lady Constance was dead a little before for the love that he bore to the Children that he had begotten of her he determined to marry her and thereby the rather to legitimate her Children though himself were old now and all his Kindred utterly against the Marriage and so not full two years before his death to wit in the Year of Christ 1396. he married her and the next Year after in a Parliament begun at Westminster the 22 of January Anno Domini 1397. he caused all his said Children to be legitimated which he had begotten upon this Lady Swinford before she was his Wife But now to go forward to declare the Issue of these three Sons of John of Gaunt by Catharine
you have heard it proved of all Law-makers Philosophers Lawyers Divines and Governours of Commonwealhs who have set down in their Statutes and Ordinances that Kings shall swear and protest at their entrance to Government that they will observe and perform the conditions there promised and otherwise to have no Interest in that Dignity and Soveraignty By examples in like manner of all Realms Christian he declared how that often-times they have deposed their Princes for just causes and that God hath concurred and assisted wonderfully the same sending them commonly very good Kings after those that were deprived and in no Country more then in England it self yea in the very Line and Family of this King Richard whose Noble Grandfather King Edward the third was exalted to the Crown by a most solemn deposition of his predecessor King Edward the second wherefore in this point there can be little controversie and therefore we shall pass unto the second which is whether the causes were good and just for which this King Richard was esteemed worthy to be deposed And in this second point much more difference there is betwixt York and Lancaster and between the white Rose and the Red for that the House of York seeking to make the other odious as though they had entred by tyranny and cruelty doth not stick to avouch that King Richard was unjustly deposed but against this the House of Lancaster alledgeth first that the House of York cannot justly say this for that the chief Prince assistant to the deposing of King Richard was Lord Edmond himself Duke of York and head of that family together with Edward Earl of Rutland and Duke of Aumarl his eldest Son and Heir yea and his younger Son also Richard Earl of Cambridge Father to this Richard that now pretendeth for so do write both Stow Hollingshead and other Chroniclers of England that those Princes of the Hâ—â—â—e of York did principally assist Henry Duke of Lancaster in getting the Crown and deposing King Richard and Polidâ—r speaking of the wicked Government of King Richard and of the first Cogitation about deposing him when King Henry of Lancaster was yet in France banished and seemed not to think of any such matter he hath these words Sed Edmundo Eboâ—acensium duci ea res cum primis bilem commovit quod Rex omnia jam jura perverteret quod antea parricidio postea râ—pints se obstrinxâ—sset c. That is this matter of the wicked Government of King Richard did principally offend his Uncle Edmond Duke of York for that he saw the King now to peâ—srvert all Law and Equity and that as before he had defiled himself with Parricide that is with the murther of his own Uncle the Duke of Glocester Brother to this Edmond so now he intangled himself also with Rapine in that he took by violence the Goods and Inheritance of John of Gaunt late deceased which did belong to Henry Duke of Lancaster his Cousin-German By which words of Polidor as also for that the Duke of Lancaster coming out of Britany accompaned only with threescore persons as some stories say chose first to go into York shire and to enter at Ravenspur at the mouth of Humber as all the World knoweth which he would never have done if the Princes of York had not principally favoured him in that action all this I say is an evident argument that these Princes of the House of York were then the chief doers in this deposition and consequently cannot alledge now with reason that the said Richard was deposed uniustly Secondly the House of Lancaster alledgeth for the justifying of this deposition the opinions of all Historiographers that ever have written of this matter whether they be English French Dutch Latine or of any other Nation or Language who all with one accord do affirm that King Richards Government was intolerable and he worthy of deposition whereof he that will see more let him read Thomas of Walsingham and John Frosard in the life of King Richard Thirdly they of Lancaster do alledge the particular outrages and insolencies of King Richards Government and first the suffering himself to be carried away with evil counsel of his favorites and then the perverting of all Laws generally under his Government as before you have heard out of Polidor the joyning with his Minions for oppressing the Nobility of which Stow hath these words The King being at Bristow with Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk devised how to take away the Duke of Glocester the Earls of Arundel Warwick Darby and Nottingham and others whose deaths they conspired Thus saith Stow. And after they executed the most part of their devices for that Thomas of Woodstock Duke of Glocester was made away without Law or Process the Earl of Arundel also was put to death and Warwick was banished and so was also Thomas Arundel Archbishop of Canterbury by like Injustice and the like was done to Henry Duke of Hertford and after of Lancaster and among other insolencies he suffered Robert Vere to dishonour and put from him his Wife a Noble and goodly young Lady as Stow saith and born of Lady Isabella King Richards Aunt that was daughter to King Edward the third and suffered Vere to marry another openly to her disgrace and dishonour of her Kindred And finally in the last Parliament that ever he held which was in the 21. year of his Reign commonly called the Evil Parliament he would needs have all authority absolute granted to certain favourites of his which Thomas Walsingham saith were not above 6 or 7. to determine of all matters with all full authority as if they only had been the whole Realm which was nothing indeed but to take all authority to himself only and Stow in his Chronicle hath these words following This Parliament began about the 15. of Sept. in the year 1397. at the beginning whereof Edward Stafford Bishop of Exeter Lord Chancellor of England made a proposition or Sermon in which he affirmed that the power of the King was alone and perfect of it self and those that do impeach it were worthy to suffer pain of the Law c. thus saith Stow by all which is evident how exorbitant and contrary to all Law and Equity this Kings Government was Fourthly and lastly those of Lancaster do alledge for justifying of this deprivation that Duke Henry was called home by express Letters of the more and better part of all the Realm and that he came wholly in a manner uâ—â—rmed considering his person for that Frosard saith he had but three Ships only out of Britany and Walsingham saith he had but 15. Lances and 4â—0 foot-men and the additions to Polâ—â—hronicon as before I noted do avouch that when he landed at Ravenspur in the County of York he had but threescore men in all to begin the Reformation of
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
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
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
elder Houses they hold this matter for very clear and all pretence of this House of Clarence utterly excluded Secondly the same opposite Houses do alledge divers Attainders against the principal Heads of the House of Clarence whereby their whole Interests were cut off as namely it is to be shewed in three descents one after another to wit in Duke George himself the first Head and Beginner of this House who was Attainted and Executed and then in the Lady Margaret Countess of Salisbury his Daughter and Heir who was likewise Attainted and Executed And thirdly in her Son and Heir Henry Poole Lord Montague put also to death from whose Daughters both the Earl of Huntington and his Brethren together with the Children of Sir Thomas Barrington do descend And albeit some may say that the said House of Clarence hath been restored in Bloud since those Attainders yet reply these men That except it can be shewed that particular mention was made of reabilitating the same to this pretence of Succession to the Crown it will not be sufficient as in like manner they affirm That the same restoring in Bloud if any such were hath not been sufficient to recover the ancient Lands and Titles of Honour which this House of Clarence had before these Attainders for that they were forfeited thereby to the Crown And so say these men was there forfeited thereby in like manner unto the next in Bloud not Attainted this Prerogative of succeeding to the Crown and cannot be restored again by any general Restauration in Bloud except special mention be made thereof even as we see that many Houses Attainted are restored daily in Bloud without restorement of their Titles and Dignities and a present Example we have in the Earl of Arundel restored in Bloud but not to the Title of Duke of Norfolk And this say the opposite Houses against this House of Clarence But now thirdly entreth in also against the Earl of Huntington the opposition of some of his own House which is of the Issue of Sir Geffrey Poole Brother to his Grand-father who say That when the Lord Henry Montague was put to death with his Mother the Countess of Salisbury and thereby both their Pretences and Titles cut off in them then fell such right as they had or might have upon the said Sir Geffrey Poole and not upon his Neece the Lady Katharaine Daughter of the Lord Henry his elder Brother and Mother of the Earl of Huntington and this for three Causes First for that he was not Attainted and so whether we respect his Grand-father George Duke of Clarence or his Great-grand-father Richard Duke of York the said Right in this respect is descended to him And secondly for that he was a degree nearer to the said Duke's Ancestors than was at that time his Neece Katharine which right of nearest Propinquity say these men is made good and lawful by all the Reasons Examples Presidents and Authorities alledged before in the fourth Chapter of this Conference in favour of Uncles before their Nephews And it shall not need that we speak any thing more of that matter in this place but only to remit your remembrance to that which herein hath been said before Fourthly they prove the same in favour of Sir Geffrey for that the Lady Katharine was a Woman and Sir Geffrey a man whose priviledge is so great in a matter of Succession as also hath been touched before that albeit they had been in equal degree and that Sir Geffrey were not a degree before her as he was yet seeing neither of them nor their Fathers were ever in possession of the thing pretended Sir Geffrey should be preferred as hath been shewed before by some Presidents and shall be seen afterwards in the Case of Portugal wherein the King of Spain that now is was preferred to the Crown for that only respect that his Competitors were Women and in equal degree of descent with him and he a Man And the very like Allegations of Propinquity I heard produced for the Lady Winifred Wife of Sir Thomas Barrington if she be yet alive to wit that she is before the Earl of Huntington and his Brethren by this reason of Propinquity in Bloud for that she is one degree nearer to the stock than they Fifthly and lastly both these and other Competitors do alledge against the Earl of Huntington as an important and sufficient bar against his pretence the quality of his Religion which is as they say that he hath been ever known to favour those who commonly in England are called Puritans and not favoured by the State but yet this stop is alledged diversly by Competitors of divers Religions For that such as are followers and favourers of the form of Religion received and defended by publick Authority of England at this day whom for distinction-sake men are wont to call by the name of moderate Protestants these I say do urge this Exclusion against the Earl of Huntington not upon any certain Law or Statute extant against the same but ab equo bono as men are wont to say and by reason of State shewing infinite inconveniencies hurts damages and dangers that must needs ensue not only to the present State of Religion in England but also to the whole Realm and Body-politick if such a man shall be admitted to govern And this Consideration of State in their opinion is a more forceable Argument for Excluding such a man then any Statute or particular Law against him could be for that this comprehendeth the very intention meaning and drift of all Laws and Law-makers of our Realm whose intentions must needs be presumed to have been at all times to have Excluded so great and manifest inconveniencies And thus they say But now those that are of the Roman Religion and contrary both to Puritan and Protestant do urge a great deal further this Argument against the Earl and do alledge many Laws Ordinances Decrees and Statutes both of the Canon and Imperial Laws as also out of the old Laws of England which in their opinion do debar all that are not of their Religion and consequently they would hereby Exclude both the one and the other Pretenders And in fine they do conclude that seeing there wanteth not also some of their own Religion called by them the Catholick in the House of Clarence they have so much the less difficulty to exclude the Earl of Huntington's person for his Religion if one of that House were to be admitted of necessity And this is so much as seemeth needful to be spoken at this time and in this place of this House of Clarence and of the Pretenders thereof It resteth then that I treat something also of the House of Britany and France which two Houses are joyned all in one for so much as may appertain to any Inheritance or Pretence to England or to any parcel or particular state thereof at home or abroad that may follow the
Deprivation by the Pope that soon after ensued as also by another Deprivation made by the Barons of his Realm as after shall be touched Furthermore they say That when Arthur Duke of Britain whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England was in Prison in the Castle of Roan suspecting that he should be murthered by his said Unkle King John he nominated this Lady Blanch his Cousin-jerman to be his Heir perswading himself that he by the help of her Husband Prince Lewis of France and her Father the King of Spain should be better able to defend and recover his or her right to the Crown of England than Eleanor his own Sister should be who was also in the hands of his said Unkle for that he supposed that she should be made away by himself shortly after as indeed the French Chronicler affirmeth that she was And howsoever this matter of Duke Arthur's Testament was yet certain it is that when he and his Sister were put to death the next in Kin that could succeed them in their right to England was this Lady Blanch and her Mother Queen Eleanor that was Sister to Arthur's Father Geffrey Duke of Britany for that King John their Unkle was presumed by all men to be uncapable of their Inheritance by his putting of them to death and Child he had yet none And this is the second point that these men do deduce for the Lady Infanta of Spain by the title of Queen Eleanor and her Daughter Blanch to whom the Infanta is next Heir A third Interest also the same men do derive to the Infanta by the actual Deposition of King John by the Barons and States of this Realm in the 16 th year of his Reign and by the Election and actual Admission of Lewis Prince of France Husband of Lady Blanch whom they chose with one consent and admitted and swore him Fealty and Obedience in London for him and for his Heirs and Posterity in the year 1217. and gave him Possession of the said City and Tower of London and of many other chief places of the Realm and albeit afterwards the most part of the Realm changed their minds upon the sudden death of the said King John and chose and admitted his young Son Henry III. a Child of 9 years old yet do the favourers of the Infanta say That there remaineth to her as Heir unto the said Lewis until this day that Interest which by this Election Oath and Admission of the Realm remained unto this Prince Lewis which these men affirm to be the very like case as was that of Hugo Capetus in France who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had by being once elected King of France and admitted and sworn though afterwards he was deposed again and young Charles surnamed the Simple was admitted in his place as Henry III. was in England after the Election of Lewis But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race so say these men may this Infanta continue and renew now the Demand of King Lewis her Ancestor for that Titles and Interests to Kingdoms once rightly gotten do never die but remain ever for the Posterity to effectuate when they can And thus much of this matter But after this again these men do shew how that the said Infanta of Spain doth descend also from Henry III. son of King John by the Dukes of Britany as before in the second Chapter hath been declared and in the Arbor and Genealogy following in the end of this Conference shall be seen for that King Henry besides his two Sons Edward and Edmond which were the beginners of the two Houses of York and Lancaster had also a Daughter named Beatrix married to John the second of that Name Duke of Britany and by him she had Arthur II. and so lineally from him have descended the Princes of that House until their Union with the Crown of France and from thence unto this Lady Infanta of Spain that now is who taketh her self for proper Heir of the said House of Britany and Heir general of France as hath been said By this Conjunction then of the House of Britany with the Bloud-Royal of England the Friends of the Infanta do argue in this manner That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York and considering that each of these Houses hath often-times been Attainted and Excluded from the Succession by sundry Acts of Parliament and at this present are opposite and at contention among themselves why may not this right of both Houses say these men by way of Composition Peace and Comprize at least be passed over to the Issue of their Sister which resteth in the Infanta Again they say That all these three Branches of the Lines to wit by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England and that divers ways she may have Claim to the same which being granted they infer That seeing matters are so doubtful at this day about the next lawful Succession and that divers of the Pretenders are excluded some for Bastardy some other for Religion some for unaptness to Govern and some for other Causes and seeing the Commonwealth hath such Authority to dispose in this Affair as before the Civil-Lawyer hath declared why may there not Consideration be had among other Pretenders of this noble Princess also say these men especially seeing she is unmarried and may thereby commodate many matters and salve many breaches and satisfie many hopes and give contentment to many desires as the world knoweth And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain but against this Pretence others do produce divers Arguments and Objections As first of all That these her Claims be very old and worn out and are but Collateral by Sisters Secondly That she is a Stranger and Alien born Thirdly That her Religion is contrary to the State Unto all which Objections the favourers aforesaid do make their Answers And to the first they say That Antiquity hurteth not the goodness of a Title when occasion is offered to advance the same especially â—n Titles belonging to Kingdoms which commonly are never presumed to die as hath been said and nullum tempus occurrit Regi saith our Law And as for Collateral Lines they say That they may lawfully be admitted to enter when the direct Lines do either fail or are excluded for other just respects as in our Case they hold that
States of that Crown before his two Sisters that be elder then he and so likewise say these men ought John of Somerset to have done before Philippa his eldest Sister if he had been alive at that time when King Henry the sixth was put down and died and consequently his posterity which are the descendents of King Henry the seventh ought to enjoy the same before the Princes of Portugal that are the descendents of Lady Philippa his Sister Thus say the issue of King Henry the seventh But to this the Princes of the House of Portugal do reply and say first That by this it is evident at least that the Dukedom of Lancaster whereof the Lady Blanch was the only Heir must needs appertain to them alone and this without all doubt or controversie for that they only remain of her Issue after extinguishing of the posterity of her elder Brother King Henry the fourth which was extinguished by the death of King Henry the sixth and of his only son Prince Edward and for this they make no question or controversie assuring themselves that all Law right and equity is on their side Secondly Touching the Succession and right to the Kingdom they say that John Earl of Somerset being born out of Wedlock and in Adultery for that his Father had an other Wife alive when he begot him and he continuing a Bastard so many years could not be made Legitimate afterward by Parliament to that effect of Succession to the Crown and to deprive Queen Philippa of Portugal and her Children born before the other Legitimation from their right and Succession without their consents for that John King of Portugal did Marry the said Lady Philippa with condition to enjoy all Prerogatives that at that day were due unto her and that at the time when John of Gaunt did Marry the said Lady Catherine Swinford and made her Children Legitimate by Act of Parliament which was in the year of Christ 1396. and 1397. the said Lady Philippa Queen of Portugal had now two Sons living named Don Alonso and Don Edwardo which were born in the years 1390. and 1391 that is six years before the Legitimation of John Earl of Somerset and his Brethren and thereby had jus acquisitum as the Law saith which right once acquired and gotten could not be taken away by any Posterior Act of Parliament afterward without consent of the parties Interessed for which they do alledge divers places of the Canon Law which for that they hold not in England I do not cite but one example they put to shew the inconvenience of the thing if it should be otherwise determined then they affirm which is that if King Henry the eighth that had a Bastard Son by the Lady Elizabeth Blunt whom he named Henry Fitz-roy and made him both Earl of Nottingham and Duke of Richmond and Somerset in the 18 th year of his Reign at what time the said King had a lawful Daughter alive named the Princess Mary by Queen Catherine of Spain if I say the King should have offered to make this Son Legitimate by Parliament with intent to have him succeeded after him in the Crown to the prejudice and open injury of the said lawful Daughter these Men do say that he could not have done it and if he should have done it by violence it would not have held and much less could John of Gaunt do the like being no King Nor was the Act of Parliament sufficient for this point it being a matter that depended especially say these men of the Spiritual Court and of the Canon Law which Law alloweth this Legitimation no further but only as a Dispensation and this so far forth only as it doth not prejudice the right of any other Neither helpeth it any thing in this matter the Marriage of John of Gaunt with Lady Catherine for to make better this Legitimation for that as hath been said their Children were not only naturales but Spurij that is to say begotten in plain Adultry and not in simple Fornication only for that the one party had a Wife alive and consequently the priveledge that the Law giveth to the Subsequent Marriage of the Parties for legitimating such Children as are born in simple Fornication that is to say between parties that were single and none of them married cannot take place here So as these men conclude that albeit this Legitimation of Parliament might serve them to other purposes yet not to deprive the Princes of Portugal of their Prerogative to succeed in their Mothers Right which she had when she was married to their Father And this they affirm to have been Law and Right at that time if the said Queen Philippa and Earl John had been alive together when Henry the sixth and his Son were put to death and that this Question had been then moved at the death of King Henry the sixth Whether of the two to wit either the said Queen Philippa or her younger Brother John Earl of Somerset by the Fathers side only should have succeeded in the Inheritance of King Henry the sixth In which case these men presume for certain that the said Queen Philippa legitimately born and not John made legitimate by Parliament should have succeeded for that by common course of â—aw the Children legitimated by favour albeit their legitimation were good and lawful as this of these Children is denied to be yet can they never be made equal and much less be preferred before the lawful and legitimate by Birth But now say these men the case standeth at this present somewhat otherwise and more for the advantage of Queen Philippa and her Off-spring For when King Henry the sixth and his Son were extinguished and Edward Duke of York thrust himself in to the Crown which was about the year of Christ 1471. the foresaid Princess and Prince Lady Philippa and Earl John were both dead as also their Children and only their Nephews were alive that is to say there lived in Portugal King Alfonsus the fifth of that name Son to King Edward which King Edward was Child to Queen Philippa and the death of King Henry the sixth of England happened in the 38 th year of the Reign of the said Alfonsus And in England lived at the same time Lady Margaret Countess of Richmond Mother of King Henry the seventh and Neece of the foresaid John Earl of Somerset to wit the Daughter of his Son John Duke of Somerset So as these two Competitors of the House of Lancaster that is to say King Alfonsus and Lady Margaret were in equal degree from John of Gaunt as also from King Henry the sixth saving that King Alfonsus was of the whole Bloud as hath been said and by Queen Philippa that was legitimate and the Countess of Richmond was but of the half bloud as by John Earl of Somerset that was a Bastard legitimated The Question then is Which of these two should have
succeeded by Right of the House of Lancaster immediately after King Henry the sixth And the Lady Margaret alledgeth That she was descended from John Earl of Somerset that was a man and therefore â—o be preferred And King Alfonsus alledged That he being in equal degree of nearness of Bloud with the same Countess for that both were Nephews was to be preferred before her for that he was a man and of the whole Bloud to the last Kings of the House of Lancaster and that she was a woman and but of the half Bloud so that three Prerogatives he pretended before her First That he was a man and she a woman Secondly That he descended of the lawful and elder Daughter and she of the younger Brother legitimated And thirdly That he was of whole Bloud and she but of half And for better fortifying of this proof of his Title these men do alledge a certain Case determined by the Learned of our days as they say wherein for the first of these three Causes only the Succession to a Crown was adjudged unto King Philip of Spain to wit the Succession to the Kingdom of Portugal which Case was in all respects correspondent to this of ours For that Emmanuel King of Portugal had three Children for sâ— much as appertaineth to this Affair for afterward I shall treat more particularly of his Issue that is to say two Sons and one Daughter in this order John Elizabeth and Edward even as John of Gaunt had Henry Lady Philippa and John Prince John of Portugal first Child of King Emmanuel had Issue another John and he had Sebastine in whom â—he Line â—f John the first Child was extinguished But Joâ—n's Sister Elizabeth was married to Charâ—â—s the Emperour and had Issue King Philip of Spain that now liveth Edward also younger Brother to Elizabeth or Isabel had Issue two Daughters the one married to the Duke of Parma and the other to the Duke of Bargansa so as King Philip was in equal degree with these Ladies in respect of King Emmanuel for that he was Son to his eldest Daughter and the two Dutchesses were Daughters to his younger Son And upon this rested the Question Which of these should succeed and â—â— was decided That it appertaineth unto King Philip for that he was a man and his Mother was the elder Sister though if King Philip's Mother and the two Dutchesses Father I mean Lord Edward of Portugal had been alive together no doubt but that he being a man should have born it away which these men say holdeth not in our Case but it is much more to our advantage for that it hath been shewed before that if Queen Philippa had been alive with John Earl of Somerset at the death of King Henry the sixth she should have been preferred as legitimate by Birth and therefore much more ought her Nephew King Alfonsus to have been preferred afterward in that he was a man before the Neece of the said John Earl of Somerset that was but a Woman Thus far they And besides all this they do add as often before I have mentioned that King Alfonsus was of the whole Bloud unto all the three King Henries of the House of Lancaster and the Countess of Richmond was but of the half bloud And for more strengthening of this Argument they do say further that besides that Interest or Right to the Crown which King Henry the fourth who was the first King of the House of Lancaster had by his Father John of Gaunt in that the said John was third Son of King Edward the third the said King Henry had divers other interests also which came of himself only and not from his said Father as were for example his being called into the Realm by general voice of all the people his right gotten by Arms upon the evil Government of the former King the personal resignation and delivery of the Kingdom by solemn instrument made unto him by King Richard his Election also by Parliament and Coronation by the Realm and finally the quiet Possession of him and his Posterity for almost sixty years with many Confirmations of the whole Realm by divers Acts of Parliament Oaths and and other Assurances as the World knoweth So many I mean and so authentical as could possibly be devised or given And besides all this that when King Richard was dead he was next in degree of Propinquity unto him of any man living for that the Sons of Roger Mortimer were two degrees further off than he as hath been shewed before All which particular Rights and Interests were peculiar to Henry the fourth's person and were not in his Father John of Gaunt and therefore cannot possibly descend from him to the Issue of John Earl of Somerset but must pass rather to the Issue of King Henry s true Sister the Queen Philippa of Portugal And this though it be supposed that otherwise it might be granted as they say it may not that John Earl of Somorset and his Successors might succeed to John of Gaunt before Lady Philippa which thing say these men if it should be granted yet cannot he succeed to King Henries the fourth fifth and sixth that descended of Blanch. And this is in effect all that I have heard disputed about this point what Line is true Heir to the House of Lancaster to wit whether that of John Earl of Somerset born of Katharine Swinford from whom descendeth King Henry the seventh and his Posterity or else that of Queen Philippa of Portugal born of Lady Blanch from whom are come the foresaid Princes of Portugal But now it remaineth to examine somewhat in this place also what and who are these Princes of the House of Portugal so often named before and what pretence of Succession they and every of them have or may have unto the Crown of England For better understanding whereof it shall be needful to explain somewhat more at large the foresaid Pedigree of King Emmanuel of Portugal who albeit by divers Wives he had many Children yet six only that he had by one Wife of whom there remaineth hitherto Issue are those which may appertain unto our purpose to speak of in respect of any pretence that may be made by them towards England supposing always which is most true that the said King Emmanuel was descended lineally as true and direct Heir from the foresaid Lady Philippa Queen of Portugal that was Daughter of John of Gaunt by his first Wife Lady Blanch Dutchess and Heir of the Dukedom of Lancaster and Sister to King Henry the fourth first King of the House of Lancaster so as by her doth or may pretend the whole Posterity of the said King Emmanuel unto whatsoever the said Phillippa might Inherit from her Father or Mother or from her said Brother King of England or his Posterity The six Children then of King Emmanuel were these following and each of them born as here they are set down first Prince
of these that followed David's Retinue pursued by Sâ—ul and his Forces which is to â—ay that all that be â—ffended grieved or any way discontented with the present time be they of what Religion soever do easily joyn with these men according to the old saying Sâ—latium est miseris socios habere miseriae besides that there is ever lightly a certain natural compassiâ—n that followeth in men towards those that are thought to suffer or be pursued and this oftentimes in the very enemy himself and then of compassion springeth as you know affection and of affection desire to help as contrariwise do rise commonly the contrary effects to wit emulation envy and indignation against the prosperity of him that pursueth and is in prosperity And for that in so great and populous a Realm and large a Government as this of Her Majesty hath been there cannot want to be many of these kind of discontented men as also for that naturally many are desirous of Changes it cannot be supposed but that the number of this sort is great which maketh this Party far the bigger Moreover it is Noted that the much dealing with these men or rather against them and this especially in matters of their Religion for these latter Years paâ—â— hath much starred them up as also the like is to be noted in the Puritan and made them â—ar more â—â—ger in defence of their Cause according to to the saying Nitimur in vetitum semper and as a little brook or river though it be but shallow and run never so quiet of it self yet if many barres and stops be made therein it swelleth and riseth to a greater force even so it seemeth that it hath happened here where also the sight and remembrance of so many of their Seminary Priests put to death for their Religion as they account it hath wrought great impression in their hearts as also the notice they have received of so many Colledges and English Seminaries remaining yet and set up of new both in Flanders France Italy and Spain for making of other Priests in place of the Executed doth greatly animate them and holdeth them in hope of continuing still their Cause and this at home As for abroad it is easie to consider what their Party and Confidence is or may be not only by the English that live in exile and have their Friends and Kindred at home but also principally by the affection of foreign Princes and States to favour their Religion whose Ports Towns and Provinces lie near upon England round about and for such a time and purpose could not want commodity to give succour which being weighed together with the known inclination that way of Ireland and the late Declaration made by so many of the Scotish Nobility and Gentlemen also to favour that Cause all these Points I say put together must needs perswade us that this Body is also great and strong and like to bear no small sway in the deciding of this controversie for the Crown when the time shall offer it self for the same And so much the more for that it is not yet known that these are determined upon any Person whom they will follow in that action nor as it seemeth are they much inclined to any one of the Pretenders in particular wherein it is thought that the other two Parties either are or may be divided among themselves and each part also within it self for that so different persons of those Religions do stand for it but rather it is thought that these other of the Roman Religion do remain very indifferent to follow any one that shall be set up for their Religion and is likest to restore and maintain the same be he Stranger or Domestical which determination and union in general among if they hold it still and persevere therein must needs be a great strength unto their Cause and give them great sway wheresoever they shall bend at that day as by reason is evident And so much of this matter It remaineth then that after these Considerations of the three Bodies in general we pass to view of each Family House and Person pretendent in particular and therein to contemplate what may be for him and what against him in this pretence and pursuit of the Crown And to begin first of all with the King of Scotland as with him who in vulgar opinion of many men is thought to be first and foremost in this action by way of Succession albeit others do deny the same and do make it very doubtful as before hath been declared yet if we do consider not his Title for of that we have spoken sufficiently before in the 5 th Chapter but other circumstances only of his Person State Condition and the like of which points only we are to treat in this place then must we confess that as on the one side there are divers points that may further him and invite men to favour his cause so wants there not other to hinder the same The points that may invite are his Youth his being a King his moderate nature in that he hath shed little blood hitherto his affection in Religion to such as like thereof and the like but on the other side the reasons of State before laid against him do seem to be of very great force and to weigh much with English-men especially those of his Alliance with the Danes and dependance of the Scotish Nation And as for his Religion it must needs displease two Parties of three before mentioned and his manner of Government therein perhaps all three As for Arabella in that she is a young Lady she is thereby fit as you know to procure good wills and affections and in that she is unmarried she may perhaps by her Marriage join some other Title with her own and thereby also Friends But of her self she is nothing at all allied with the Nobility of England and except it be the Earl of Shrewsbury in respect of Friendship to his old Mother in Law that is Grand Mother to the Lady I see not what Noble man in England hath any band of Kindred or Alliance to follow her And as for her Title it seemeth as doubtful as the rest if not more as by that which hath been said before hath appeared And for her Religion I know it not but probably it can be no great Motive either against her or for her for that by all likelyhood it may be supposed to be as tender green and flexible yet as is her age and sex and to be wrought hereafter and settled according to future events and times In the House of Suffolk the Lord Beacham and the Earl of Darby have the difference of Titles that before hath been seen and each one his particular reasons why he ought to be preferred before the other and for their other Abilities and Possibilities they are also different but yet in one thing both Lords seem to be like that being
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.
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.
Swinford two of them that is Thomas Duke of Exeter and Henry Cardinal and Bishop of Winchester dyed without Issue John the eldest Son that was Earl of Somerset had Issue two Sons John and Edmond John that was Duke of Somerset had Issue one onely Daughter named Margaret who was married to Edmond Tidder Earl of Richmond by whom he had a Son named Henry Earl also of Richmond who after was afterwards made King by the name of Henry the VII and was Father to King Henry the VIII and Grandfather to the Queens Majesty that now is And this is the issue of John the first Son to the Duke of Somerset Edmond the second Son to John Earl of Somerset was first Earl of Mortaine and then after the death of his Brother John who dyed without Issue make as hath been said was created by King Henry the VI. Duke of Somerset and both he and almost all his Kin were slain in the quarrel of the said King Henry the VI. and for defence of the House of Lancaster against York For First this Edmond himself was slain in the battel of S. Albans against Richard Duke and first Pretender of York in the Year 1456. leaving behind him three goodly Sons to wit Henry Edmond and John whereof Henry succeeded his Father in the Dutchy of Somerset and was taken and beheaded in the same quarrel at Exham in the Year 1463. dying without Issue Edmond likewise succeeded his Brother Henry in the Dutchy of Somerset and was taken in the battel of Tewkesbury in the same quarrel and there beheaded the 7 th of May 1471. leaving no Issue John also the third Brother Marquess of Dorset was slain in the same battel of Tewkesbury and left no Issue and so in these two Noblemen ceased utterly all the Issue Male of the Line of Lancaster by the Children of John of Gaunt begotten upon Lady Swinford his third Wife So that all which remained of this Woman was only Margaret Countess of Richmond Mother to King Henry the VII which King Henry the VII and all that do descend from him in England do hold the Right of Lancaster only by this third Marriage of Catharine Swinford as hath been shewed and no ways of Blanch the first Wife or of Constance the second and this is enough in this place of the Descents of John of Gaunt and of the House of Lancaster and therefore I shall now pass over to shew the Issue of the House of York I touched briefly before how Edmond Langley Duke of York fourth Son of King Edward the III. had two Sons Edward Earl of Rutland and Duke of Aumarle that succeeded his Father afterwards in the Dutchy of York and was slain without children under King Henry the V. in the battel of Agencâ—urt in France and Richard Earl of Cambridge which married Lady Anna Mortimer as before hath been said that was Heir of the House of Clarence to wâ—t of Leonel Duke of Clarence second son to King Edward the III. by which marriage he joyned together the two Titles of the Second and Fourth Sâ—â—â— of King Edward and being himself convinced of a Conspiracy against King Henry the V. was put to death in Southampton in the Year of Christ 1415. and 3 d. of the Reign of King Henry the V. and 5 th day of August This Richard had Issue by Lady Anna Mortimer a Son named Richard who succeeded his Uncle Edward Duke of York in the same Dutchy and afterwards finding himself strong made claime to the Crown in the behalf of his Mother and declaring himself Chief of the Faction of the White Rose gave occasion of many cruel battels against them of the Red Rose and House of Lancaster and in one of the battels which was given in the Year 1460. at Wakefield himself was slain leaving behind him three Sons Edward George and Richard whereof Edward was afterwards King of England by the name of Edward the IV. George was Duke of Clarence and put to death in Calis in a butt of Sack or Malmesy by the Commandment of the King his Brother and Richard was Duke of Glocester and afterwards King by murthering his own two Nephews and was called King Richard the III. Edward the Eldest of these three Brothers which afterwards was King had Issue two Sons Edward and Richard both put to death in the Tower of London by their Cruel Uncle Richard he had also five Daughters the last four whereof I do purposely omit for that of none of them there remaineth any Issue but the eldest of all named Elizabeth was married to King Henry the VI. of the House of Lancaster and had by him Issue King Henry the VIII and two Daughters the one married unto Scotland whereof are descended the King of Scots and Arabella and the other married to Charles Brandon Duke of Suffolk whereof are issued the Children of the Earls of Hartford and Darby as after more at large shall be handled and this is the Issue of the first Brother of the House of York The Second Brother George Duke of Clarence had Issue by his Wife Lady Isabel Heir to the Earldoms of Warwick and Salisbury one Son named Edward Earl of Warwick who was put to death afterwards in his Youth by King Henry the VII and left no Issue this Duke George had also one Daughter named Margaret admitted by King Henry the VIII at what time he sent her into Wales with Princess Mary to be Countess of Salisbury but yet married very meanly to a Knight of Wales named Sir Richard Poole by whom she had four Sons Henry Arthur Geffrey and Reginald the last whereof was Cardinal and the other two Arthur and Geffrey had Issue for Arthur had two Daughters Mary and Margarit Mary was married to Sir John Stanny and Margaret to Sir Thomas Fitzherbert Sir Geffrey Poole had also Issue another Geffrey Poole and he had Issue Arthur and Geffrey which yet live Now then to return to the first Son of the Countess of Salisbury named Henry that was Lord Montague and put to death both he and his mother by King Henry the VIII This man I say left two daughters Catharine and Winefred Catharine was married to Sir Francis Hastings Earl of Huntington by which Marriage issued Sir Henry Hastings now Earl of Huntington and Sir George Hastings his brother who hath divers Children And Winefred the younger daughter was married to Sir Thomas Barrington Knight who also wanteth not Issue and this is of the second Brother of the House of York to wit of the Duke of Clarence The third Brother Richard Duke of Gloucester and afterward King left no Issue so as this is all that is needful to be spoken of the House of York in which we see that the first and principal Competitor is the King of Scots and after him Arabella and the Children of the Earls of Hertford and Derby are also Competitors of the
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