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A09097 A conference about the next succession to the crowne of Ingland diuided into tvvo partes. VVhere-of the first conteyneth the discourse of a ciuill lavvyer, hovv and in vvhat manner propinquity of blood is to be preferred. And the second the speech of a temporall lavvyer, about the particuler titles of all such as do or may pretende vvithin Ingland or vvithout, to the next succession. VVhere vnto is also added a new & perfect arbor or genealogie of the discents of all the kinges and princes of Ingland, from the conquest vnto this day, whereby each mans pretence is made more plaine. Directed to the right honorable the earle of Essex of her Maiesties priuy councell, & of the noble order of the Garter. Published by R. Doleman. Allen, William, 1532-1594.; Parsons, Robert, 1546-1610, attributed name. 1595 (1595) STC 19398; ESTC S114150 274,124 500

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the longest liuer should haue al wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward and sent them ouer into Sweuelād which at that tyme vvas subiect also vnto him and caused them to be brought vp honorably of vvhich two the elder named Edmond dyed without issue but Edward vvas maried and had diuers children as after shal be touched Etheldred and his sonne Edmond being dead Canutus the Dane was admitted for king of England by the vvhole parlament consent side as hath bin said and this the third breache of lineal discent But this notwithstanding Alerud being slayne prince Edward was made king tanta publica laetitia saith Polidor vt certatim pro eius faelici principatu cuncti vota facercnt That is he vvas made king vvith such vniuersal ioy and contentment of al men as euery man contended who should pray and make most vowes to God for his happie reygne and according to this was the successe for he vvas a most excellent prince and almost miraculously he reygned with great peace and void of al war at home and a broad for the space of almost 20. yeares after so infinit broyles as had bin before him and insued after hym and yet his title by succession can not be iustified as you see for that his eldest brothers sonne was the aliue to wit prince Edward surnamed the outlaw vvho in this kinges reygne came into Ingland and brought his vvife and three lawful children with him to wit Edgar Margaret Christian but yet vvas not this good king Edward so scrupulous as to giue ouer his kingdome to any of them or to doubt of the right of his owne title vvhich he had by election of the common wealth against the order of succession This king Edward being dead without issue Polidor saith that the states made a great consultation whom they should make king and first of al it semeth they excluded him that was only next by propinquity in blood vvhich vvas Edgar Adelin fonne to the said prince Edward the outlaw now departed and nephew to king Edmond Ironside and the reason of this exclusion is alleaged by Polidor in thes vvordes is puet id aetatis nondum regno gubernando maturus erat That is he bing a child of so smale yeares vvas not ripe enough to gouerne the kingdome and then he saith that Harald sonne of Earle Goodwin by the daughter of Canutus the first proclaymed himselfe king and more ouer he addeth Non displicait omnino id factum populo qui plurimum spei in Haraldi virtute habebat itaque more maiorum sacratus est vvhich is this fact of Harald displeased not at al the people of Ingland for that they had great hope in the vertue of this Harald so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland by which vvordes vve may fee that Harald had also the approbation of the realme to be king notwith standing that lytle Edgar vvas present as hath bin said so as this was the fourth breach of succession at this tyme. But in the meane space William Duke of Normandy pretended that he vvas chosen before by king Edward the Confessor and that the realme had giuen their consent therunto and that king Edward left the same testified in his last wil and testament and albert none of our Inglish authors do auow the same cleerly yet do many other forrayne writers hold it and it semeth very probable that some such thing had past both for that duke William had many in Ingland that did fauor his pretence at his entrance as also as Girard in his French storie saith that at his first comming to London he punished diuers by name for that they had broken their othes and promises in that behalfe And moreouer it appereth that by alleaging this title of election he moued diuers princes abroade to fauour him in that action as in a iust quarrel vvhich is not like they should haue done if he had pretended only a conquest or his title of consanguinity vvhich could be of no importance in the vvorld for that effect seing it was no other but that his grand father and king Edwards mother vvere brother and sister which could giue him no pretence at al to the succession of the crowne by bloode and yet vve see that diuers princes did assist him and among others the French chronicler Girard so often named before vvriteth that Alexander the second pope of Rome vvhos holines vvas so much estemed in those dayes as one Constantinus Afer wrote a booke of his miracles being informed by Duke William of the iustnes of his pretence did send him his benediction and a precious ring of gold vvith a hallowed banner by vvhich he gott the victory thus writeth Girard in his French chronicles and Antoninus Archbishop of Florence surnamed Sainct vvriting of this matter in his chronicles speaketh great good of William Cōqueror and commendeth his enterprise But howsoeuer this was the victory vve se he gat and God prospered his pretence and hath confirmed his of spring in the crovvne of Ingland more then 500. yeares together so as now accounting from the death of king Edmond Ironside vnto this man we shal finde as before I haue said in lesse then 50. yeares that 5. or 6. kings vvere made in Ingland one after another by only authority and approbation of the common wealth contrary to the ordinary course of lineal succession by propinquitie of blood And al this is before the conquest but if vve should passe any further downe we should finde more examples then before For first the two sonnes of the Conqueror himselfe that succeded after him to vvit william Rufus and Henry the first were they not both yonger brothers to Robert Duke of Normandie to whom the most part of the realme vvas inclined as Polydor sayth to haue giuen the kingdome presently after the Conquerors death as devv to him by succession notwithstanding that VVilliam for particuler displeasure against his elder sonne had ordeyned the contrary in his testament But that Robert being absent in the war of Hierusalem the holy and lerned man Lanfranke as he vvas accompted then Archbishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature perswaded them the contrary who vvas at that day of high estemation authority in Ingland and so might induce the realme to do what he liked By like meanes gat Henry his yonger brother the same crowne afterwards to wit by faire promises to the people and by helpe principally of Henry Newborow Earle of warwick that dealt with the nobility for him and Maurice bishop of London with the cleargie for that Anselme Archbishop of Cantetbury vvas in banishment Besides this also it did greatly healpe his cause that his elder brother Robert to vvhom the crowne by right apperteyned vvas absent againe
so as this is al that is needful to be spoken of the house of York in which vve see that the first and principal competitor is the king of Scots and after him Arbella and the children of the earles of Hartford and Darby are also competitors of the same house as discended by the daughter of the first brother Edward duke of Yorke and king of England and then the Earle of Huntington and his generation as also the Pooles Barringtons and others before named are or may be titlers of York as descended of George duke of Clarence second sonne of Richard duke of Yorke all vvhich issue yet seme to remayne only within the compasse of the house of Yorke for that by the former pedegre of the house of Lancaster it seemeth to the fauorets of this howse that none of these other cōpetitors are properly of the line of Lancaster for that king Henry the 7. comming only of Iohn of Gaunt by Catherin Swinford his third wife could haue no part in Lady Blanch that vvas only inheritour of that house as to these men seemeth euident Only then it remaineth for the ending of this chapter to explane some-what more clearly the discent of king Henry the 7. and of his issue for better vnderstanding vvhereof you must consider that king Henry the 7. being of the house of Lancaster in the manner that you haue heard and marrying Elizabeth the eldest daughter of the contrary house of Yorke did seeme to ioyne both houses together make an end of that bloody controuersie though others now wil say no but how soeuer that vvas vvhich after shal be examined cleere it is that he had by that mariage one only sonne that left issue and two daughters his sonne vvas king Henry the 8. vvho by three seueral wiues had three children that haue reigned after him to vvit king Edward the 6. by Queene Iane Seymer Queene Mary by Queene Catherine of Spaine and Queene Elizabeth by Queene Anne Bullen of al which three children no issue hath remayned so as now vve must returne to consider the issue of his daughters The eldest daughter of king Henry the 7. named Margaret vvas married by her first mariage to Iames the fourth king of Scots vvho had issue Iames the 5. he againe Lady mary late Queene of Scots and dowager of France put to death not long ago in Ingland vvho left issue Iames the 6. now king of Scots And by her second mariage the said Lady Margeret after the death of king Iames the 4. tooke for husband Archebald Duglas earle of Anguys in Scotland by whom she had one only daughter named Margeret which vvas married to Mathew Steward earle of Lenox and by him she had two sonnes to vvit Hēry Lord Darly and Charles Steward Henry marryed the foresaid Lady Mary Queene of Scotland vvas murthered in Edinbrough in the yeare 1566. as the world knoweth and Charles his brother marryed Elizabeth the daughter of Sir William Candish in Ingland by whom he had one only daughter yet liuing named Arbella an other competitor of the crowne of Ingland by the house of Yorke and this much of the first daughter of kinge Henry the 7. Mary the secōd daughter of king Henry the 7. yonger sister to king Henry the 8. vvas maried first to Lewis the 12. king of Frāce by whom she had no issue and afterward to Charles Brandon duke of Suffolk by whō she had two daughters to witt Frances and Elenor the lady Francis vvas marryed first to Henry Gray marques of Dorset after duke of Suffolk behedded by Queene mary and by him she had three daughters to vvit lane Catherine and Mary the lady Iane eldest of the three was married to L. Guylford Dudly sonne to Iohn Dudly late duke of Northumberland vvith whom I meane with her husband father in law she was beheaded soone after for being proclaymed Queene vppon the death of king Edward the fixt the lady Catherine second daughter maryed first the lord Henry Herbert earle of Penbroke and left by hym again she dyed afterward in the tower wher she vvas prisoner for hauing had two childrē by Edward Seymer earle of Hartford vvithout sufficient proofe that she vvas married vnto him and the tvvo children are yet liuing to vvit 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 vvilton and maryed after to Martin keyes gentleman porter yet hath she left no issue as far as I vnderstand This then is the end of the issue of Lady Francis first of the two daughters of Queene Mary of France by Charles Brandon duke of Suffolk for albeit the said lady Francis after the beheading of the said Henry Lord Gray duke of Suffolk her first husband married againe one Adrian Stokes her seruant had a sonne by him yet it liued not but dyed very soone after Now then to speak of the yonger daughter of the said Frenche Queene and duke named Elinor she vvas married to Henry Clifford Earle of Comberlād who had by her a daughter named Margaret that vvas married to Lord Henry Stanley earle of Darby by whom she hath a plentiful issue as Ferdinand now earle of Darby William Stanley Francis Stanley and others and this is al that needeth to be spoken of these discents of our Inglish kings princes peeres or competitors to the crowne for this place and therfore now it resteth only that vve begin to examine what different pretentions are framed by diuers parties vppon these dissents and genealogies vvhich is the principal point of this our discourse OF THE GREAT AND GENERALL CONTROVERSIE AND CONTENTION BETVVEENE the two houses royal of Lancaster and York and which of them may seeme to haue had the better right to the crowne by way of succession CAP. IIII. AND first of al before I do descend to treat in particuler of the different pretences of seueral persons and families that haue issued out of these two royal linages of Lancaster and Yorke it shal perhaps not be amisse to discusse with some attention what is or hath or may be said on both sides for the general controuersie that lyeth betweene them yet vndescided in many mens opinions notwithstanding their hath bin so much sturr about the same not only writing and disputing but also fighting and murthering for many yeares And truly if we looke into diuers histories recordes and authors vvhich haue written of this matter vve shal find that euery one of them speaketh commonly according to the tyme wherin they liued for that al such as wrote in the tyme of the three Henries fourth fift and sixt kings of the house of Lancaster they make the title of Lancaster very cleare and vndoubted but such others as wrote since that tyme 〈◊〉 the house of Yorke hath held the scepter they haue spoken in far different manner as namely
at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther be no question of her next propinquity for that she is the eldest child of the last kings eldest sister The like exclusion is made agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of