were exasperated by the proceedings of their seventh King named Lucius Tarquinus surnamed the proud who for that as Livius saith he neglected the Laws of Government prescribed to him by the Commonwealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for that he appointed to himself a Guard as though he had mistrusted the People and for that he did use Injustice to divers particular men and suffered his Children to be insolent he was Expelled with all his Posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after that the other had endured two hundred years And thus much for those Kingdoms of Italy and Greece And if likewise we will look upon other Kingdoms of Europe we shall see the very same to wit that every Kingdom and Country hath its Laws prescribed â—o their Kings by the Common-wealth both for their Government Authority and Succession in the same For if we behold the Roman Empire it self as it is at this day annexed to the German Electors though it be the first in dignity among Christian Princes yet shall we see it so restrained by particular Laws as the Emperor can do much less than other Kings in theirs for he can neither make War nor exact any contribution of Men or Money thereunto but by the free leave and consent of the German Dyet or Parliament and for his Children or next in Kin they have no Action Interest or Pretence at all to succeed in their Fathers Dignity but only by free Election if they shall be thought worthy Nay one of the chiefest points that the Emperor must swear at his entrance as Sleydan writeth is this That he shall never go about to make the Dignity of the Emperor peculiar or hereditary to his Family but leave it unto the seven Electors free in their power to chuse his Successor according to the Law made by Pope Gregory the fifth and the Emperor Charles the fourth in this behalf The Kingdoms of Polonia and Bohemia do go much after the same fashion both for their restraint of Power and Succession to their Kings For first touching their Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellans neither may their Children or next of Bloud succed except they be chosen as in the Empire In Spain France and England the priviledges of Kings are far more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner For as touching Authority it seemeth that the Kings of Spain and France have greater than the King of England for that every Ordination of these two Kings is Law in it self without further approbation of the Commonwealth where no general Law can be made without consent of Parliament But in the other point of Succession it appeareth that the restraint is far greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and Bishops and States of the Realm as it is expresly set down in the two ancient Counsels of Tolledo the fourth and fifth In confirmation whereof we see at this day that the King of Spain's own Son cannot succeed nor be called Prince except he be first sworn by the said Nobility and States in token of their new consent and so we have seen it practiced in our days towards three or four of King Philip's Children which have succeeded the one after the other in the title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings Children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male. For which cause I doubt not but you remember how King Edward the third of England though he were Son and Heir unto a Daughter of France whose three Brethren were Kings and left her sole Heir to her Father King Philip the fourth surnamed the Fair yet was he put by the Crown as also was the King of Navar at the same time who was Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin King of France which King of Navar thereby seemed to be before King Edward of England but yet were they both put by it and Philip de Vallois a Brothers Son of Philip the Fair was preferred to it by general Decree of the States of France and by Verdict of the whole Parliament of Paris gathered about the same Affair Neither did it avail that the two Kings aforesaid alledged That it was against Reason and Conscience and Custom of all Nations to exclude Women from the Succession of the Crown which appertained to them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as appeareth by Example of all other Nations and in the Old Testament among the People of God it self where we see Women have been admitted unto Kingdoms by Succession But all this I say prevailed not with the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by descent of Bloud there 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 against the Prince of Lorrain that now liveth though he be a Man and Nephew to the last King for that his Title is by a Woman to wit his Mother that was younger Sister unto the last King Henry of France And albeit the Law called Salica by the French-men by virtue whereof they pretend to Exclude the Succession of Women be no very ancient Law as the French themselves do confess and much less made by Pharamond their first King or in those ancient times as others without ground do afirm yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same and to alter the course of natural descent and nearness of Bloud as we have seen and that the King of Navar and some other of his Race by vertue of this only Law do pretend at this day to be next in Succession to this goodly Crown though in nearness of Bloud they be farther off by many degrees from the last King Henry the third than either the foresaid Infanta of Spain or the Prince of Lorrain that now is who are Children of his
him and the Duke of York and solemnly sworn on both sides the 8 th of October in the year 1459 In punishment whereof and of his other negligent and evil Government though for his own particular Life he was a good man as hath been said Sentence was given against him partly by Force and partly by Law and King Edward the fourth was put in his place who was no evil King as all English-men well know but one of the renownedst for martial Acts and Justice that hath worn the English Crown But after this man again there fell another accident much more notorious which was That Richard Duke of Glocester this King Edward's younger Brother did put to death his two Nephews this man's Children viz. King Edward the 5 th and his little Brother and made himself King And albeit he sinned grieveously by taking the Crown in this wicked manner yet when his Nephews were once dead he might in reason seem to be lawful King both in respect that he was next Male in Bloud after his Brother as also for that by divers Acts of Parliament both before and after the death of those Infants his Title was authorized and made good and yet no man will say I think but that he was lawfully deposed again afterwards by the Commonwealth which called out of France Henry Earl of Richmond to chastize him and to put him down and so he did and took from him both Life and Kingdom in the Field and was King himself after him by the Name of King Henry the seventh And no man I suppose will say but that he was lawful King also which yet cannot be except the other might be lawfully deposed And moreover as I said at the beginning I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before-named that were deprived viz. John Edward the second Richard the second Henry the sixth and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinite important Acts in their Commonwealths and among other have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Bloud-Royal and the like all which was unjust and is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that do pretend to the Crown of England at this day can have any Title at all because they descend from those men who were put up in place of the Deprived And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed of and assisted the same with good success unto the Weal-publick And if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity if there be due reason and causes for the same which is the head point that first we began to treat of said the Civilian and with this ended he his Spech without saying any more CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes which in the former Chapter is mentioned What Interest Princes have in their Subjects Goods or Lives How Oaths doth bind or may be broken by Subjects towards Princes And finally the difference between a good King and a Tyrant WHen the Civilian had ended his Speech the Temporal Lawyer looked upon the standers by to see whether any would reply or no and perceiving all to hold their peace he began to say in this manner Truly Sir I cannot deny but the examples are many that you have alledged and they seem to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put down by their Common-Wealths for their evil Government And good Successors commonly raised up in their places and that the Common-Wealth had Authority also to do it I do not greatly doubt at least wise they did it de facto and now to call those facts in question were to imbroyl and turn up-side-down all the states of Christendom as you have well signified but yet for that you have added this word Lawfuly so many times in the course of your narration I would you took the pains to tell us also by what Law they did the the same seeing that Belloy whom you have named before and some other of his opinion do afirm that albeit by nature the Commonwealth have authority over the Prince to choose and appoint him at the beginning as you have well proved out of Aristotle and other ways Yet having once made him and given up all their Authority unto him he is now no more Subject to their Correction or Restraint but remaineth Absolute of himself without respect to any but only to God alone which they prove by the example of every particular Man that hath Authority to make his Master or Prince of his Inferior but not afterwards to put him down again or to Deprive him of the Authority which he gave him though he should not bear himself well and gratefully but Discourteous rather and Injuriously towards him that gave him first this Authority To which also they do alledge the Speech of the Prophet Samuel in the first Book of the Kings where the People of Israel demanded to have a King to Govern over them as other Nations round about them had and to leave the Government of the High Priests under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods express order protested unto them in this manner Well quoth he you will have a King hearken then to this that I will say Hoc erit jus regis qui imperaturus est vobis This shall be the Right and Power of the King that shall rule over you to wit He shall take from you your Children both Sons and Daughters your Fields and Vineyards your Harvest also and Rents your Servants Hand-maids and Herds of Cattel and shall give them to his Servants and you shall Cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to Govern you Thus far the Prophet Out of all which discourse and Speech of the Prophet these Men do gather that a King is nothing so restrained in his Power or Limited to Law as you have affirmed but
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
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
daughter and Heir of Leonel Duke of Clarence and was Grandfather to the last Edmond by me named should be Heir apparent to the Crown if the King should chance to die without Issue To which objection those of Lancaster do answer first that Polydor doth erre in the person when he saith that Edmond Husband of Lady Philippa was declared for Heir apparent for that this Edmond Mortimer that married Lady Philippa died peaceably in Ireland three years before this Parliament was holden to wit in the year of Christ 1382. as both Hollingshed Stow and other Chroniclers do testifie and therefore Polydor doth erre not only in this place about this man but also in that in another place he saith that this Edmond so declared Heir apparent by King Richard was slain by the Irish in Ireland 12 years after this declaration made of the succession to wit in the year 1394. which was indeed not this man but his Son Roger Mortimer Heir to him and to the Lady Philippa his Wife who was declared Heir apparent in the Parliament aforesaid at the instance of King Richard and that for especial hatred and malice as these men say which he did bear against his said Uncle the Duke of Lancaster and his Son Henry whom he desired to exclude from the succession The cause of this hatred is said to be for that presently upon the death of Prince Edward Father to this Richard which Prince died in the year of Christ 1376. and but 10. months before his Father King Edward the third there wanted not divers learned and wise men in England that were of opinion that John of Gaunt Duke of Lancaster eldest Son then living of the said King Edward should have succeeded his Father jure propinquitatis before Richard that was but Nephew and one degree further off then he but the old King was so extremely affectionate unto his eldest Son the black Prince Edward newly dead that he would not hear of any to succeed him as Frosard saith but only Richard the said Prince's Son Wherefore he called presently a Parliament which was the last that ever he held and therein caused his said Nephew Richard to be declared Heir apparent and made his three Sons then living that were Uncles to the Youth to wit John of Gaunt Duke of Lancaster Edmond Langley Duke afterwards of York and Thomas Woodstock Duke of Gloucester to swear Fealty unto Richard as they did And albeit John of Gaunt all his life after for keeping of his Oath that he had made unto his Father never pretended any Right to the Crown yet King Richard knowing well the pretence that he and his might have was still afraid of him and sought infinite means to be rid of him first by perswading him to go and make War in Spain where he thought he might miscarry in so dangerous an attempt and then offering to give him all Aquitain if he would leave England to go and live there as he did for three years with extreme peril for that the people of Aquitain would not receive him but rose against him and refused his Government and would not admit him for their Lord but appealed to the King who also allowed thereof and so when John of Gaunt came home into England again King Richard thought no better way to weaken him then to banish his Son Henry Duke of Hertford and so he did And besides this the said King Richard practised also by divers secret drifts the death of his said Uncle the Duke of Lancaster as Walsingham witnesseth and when the said Duke came at length to die which was in the 22. year of King Richard's reign he wrote such joyous Letters thereof as Frosard saith to his Father-in-law Charles the sixth King of France as though he had been delivered of his chiefest Enemy not imagining that his own destruction was so near at hand and much accelerated by the death of the said Duke as it was And these were the causes say the favourers of the House of Lancaster why King Richard caused this Act of Parliament to pass in favour of Roger Mortimer and in prejudice of the House of Lancaster and not for that the right of Earl Mortimer was better then that of the Duke of Lancaster And this they say is no new thing for Princes oftentimes to procure partial Laws to pass in Parliament for matter of Succession according to their own affections for the like say they did Edward the third procure in the favour of this Richard as before I have shewed in the last Parliament before his death and afterward again King Richard the third with much more open Injustice caused an Act of Parliament to pass in his days whereby his Nephew John de la Pole Earl of Lincoln Son to his Sister Elizabeth Dutchess of Suffolk was declared Heir apparent to the Crown excluding thereby the Children of his two elder Brothers to wit the daughters of King Edward the fourth and the Son and daughter of George Duke of Clarenoe which yet by all order should have gone before their Sisters Children And like facility found King Henry the 8th to get the consent of two Parliaments to give him Authority to appoint what Successor he would of his own Kindred by which Authority afterward he appointed by his Testament as in another place shall be shewed that the Issue of his younger Sister Mary should be preferred before the Issue of his eldest Sister Margaret of Scotland A like declaration was that also of King Edward the sixth of late memory who appointed the Lady Jane Gray his Cousen-german removed to be his Heir and Successor in the Crown of England and excluded his own two Sisters the Lady Mary and the Lady Elizabeth from the same but these declarations make little to the purpose when right and equity do repugn as these men say that it did in the foresaid declaration of Roger Mortimer to be Heir apparent for that they hold and avouch the House of Lancaster to have had the true right to enter not only after the death of King Richard the second as it did but also before him that is to say immediately upon the death of King Edward the third for that John of Gaunt was then the eldest Son which King Edward had living and nearer to his Father by a degree then was Richard the Nephew About which point to wit whether the Uncle or Nephew should be preferred in Succession of Kingdoms it seemeth that in this age of King Edward the third there was great trouble and controversie in the World abroad for so testifieth Girard du Haillan Councellor and Secretary of France in his History of the year of Christ 1346. which was about the midst of King Edwards Reign and therefore no marvel though King Edward took such care of the sure establishing of his Nephew Richard in Succession as is before related And much less marvel is it if K.
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
it happeneth And as for the second point of Foreign Birth they say there hath been sufficient answer before in treating of the House of Scotland that in rigour it is no bar by intention of any English Law yet whether in reason of State and politick Government it may be a just impediment or no it shall after be handled more at large when we come to treat of the House of Portugal To the last point of Religion they answer that this impediment is not universal nor admitted in the Judgment of all men but only of those English that be of different Religion from her But to some others and those many as these men do ween her Religion will rather be a motive to favour her Title then to hinder the same so that on this ground no certainty can be builded and this is as much as I have to say at this time of these two Families of Clarence and Britany CHAP. VIII Of the House of Portugal which containeth the Claims as well of the King and Prince of Spain to the succession of England as also of the Dukes of Parma and Bragansa by the House of Lancaster IT hath been oftentimes spoken before upon occasions offered that the Princes of the House of Portugal at this day do perswade themselves that the only remainder of the House of Lancaster resteth among them as the only true Heirs of the Lady Blanch Dutchess and Heir of Lancaster and first Wife of John of Gaunt which point of these Princes descents from the said Dutchess of Lancaster though it be declared sufficiently before in the third and fourth Chapters yet will I briefly here also set down and repeat again the reasons thereof which are these that follow John of Gaunt was Duke of Lancaster by the right of his first Wife Lady Blanch and had by her only one Son as also one Daughter of whom we need here to speak for that the other hath left no Issue now living The Son was King Henry the 4th who had Issue King Henry the 5th and he again Henry the 6th in whom was extinguished all the succession of this Son Henry The daughter of John of Gaunt by Lady Blanch was called Philippa who was married to John the first King of that name of Portugal who had Issue by him King Edward and he again had Issue King Alfonsus the fifth King of Portugal and he and his off-spring had Issue again the one after the other until our times and so by this marriage of Lady Philippa to their first King John these Princes of the House of Portugal that live at this day do pretend that the Inheritance of Lancaster is only in them by this Lady Philippa for that the succession of her elder Brother King Henry the fourth is expired long ago This in effect is their pretence but now we will pass on to see what others say that do pretend also to be of the House of Lancaster by a latter marriage John of Gaunt after the death of his first Wife Lady Blanch did marry again the Lady Constance daughter of King Peter surnamed the Cruel of Castile and had by her one daughter only named Catharine whom he married afterward back to Castile again giving her to Wife to King Henry the third of that name by whom the 〈◊〉 Issue King John and he others so as lineally King Philip of Spain is descended from her which King Philip being at this day King also of Portugal and chief Titler of that House unto England he joy 〈◊〉 the Inheritance of both the two daughters of John of Gaunt in one and so we shall not need to talk of these two daughters hereafter distinctly but only as of one seeing that both their descents do end in this one man The only difficulty and dissention is then about the Issue of the third marriage which was of John of Gaunt wiâ—h Lady Catharine Swinford whom he first kept as a Concubine in the time of his second Wife Lady Constance as before hath been shewed in the third Chapter and begat of her four Children and after that his Wife Lady Constance was dead he took her to Wife for the love he bare to his Children a little before his death and caused the said Children to be legitimated by Authority of Parliament and for that none of these four Children of his have left Issue but only one that was John Earl of Somerset we shall speak only of him omitting all the rest This John then Earl of Somerset had Issue another John which was made Duke of Somerset by King Henry the sixth who with his three Sons were slain by the Princes of the House of York in the quarrel of Lancaster and so left only one daughter named Margaret who by her Husband Edmond Tudor Earl of Richmond was Countâ—ss of Richmond and had by him a Son named Henry Earl of Richmond that was after King by the name of King Henry the seventh and from him all his descendents both of the House of Scotland and Suffolk do pretend also to be of the House of Lancaster which yet can be no otherwise then now hath been declared to wit not from Blanch first Wife and Heir of the Dutchy of Lancaster but from Catharine Swinford his third Wife wherein riseth the question whether those men I mean King Henry the seventh and his descendents may pâ—â—perly be said to be of the true House of Lancaster or no Whereunto some do answer with a distinction to wit that to the Dutchy of Lancaster whereof the first Wife Lady Blanch was Heir these of the third marriage cannot be Heirs but only the remainder of the Issue of the said Lady Blanch that resteth in the Princes of the House of Portugal But yet to the Title of the Crown of England which came by John of Gaunt himself in that he was third Son of King Edward the third and eldest of all his Children that lived when the said King Edward died by which is pretended also that he should have succeeded immediately after him before King Richard the second as before in the fourth Chapter hath been declared to this Right I say and to this Interest of the Crown which came by John of Gaunt himself and not by Lady Blanch or by any other of his Wives the descendents of King Henry the seventh do say that they may and ought to succeed for that John Earl of Somerset eldest Son of John of Gaunt by Lady Catharine Swinford though he were begotten out of matrimony yet being afterward made legitimate he was to inherit this right of John of Gaunt his Father before the Lady Philippa his Sister for that so we see that King Edward the sixth though younger and but half-brother unto the Lady Mary and Elizabeth his Sisters yet he inherited the Crown before them and in like manner is Lord Philip Prince of Spain at this day to inherit all the
two Nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdom by a publick Act of Parliament in the Town of Valliodolid after he had Reigned thirty years and his own son Don Sancho the fourth was Crowned in his place who for his valiant Acts was sur-named el bravo and it turned to great commodity of the Common-Wealth The same Common-Wealth of Spain some years after to wit about the year of Christ 1368. having to their King one Don Pedro sur-named the Cruel for his injurious proceeding with his Subjects though otherwise he were lawfully seased of the Crown as Son and Heir to King Don Alonso the twelfth and had Reigned among them eighteen years yet for his evil Government they resolved to depose him and so sent for a Bastard Brother of his named Henry that lived in France requesting him that he would come with some force of French-men to assist them in that Act and take the Crown upon himself which he did and by the help of the Spaniards and French Souldiers he drove the said Peter out of Spain and himself was Crowned And albeit Edward sur-named the black Prince of England by order of his Father King Edward the third restored once again the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned again and deprived Peter the second time and slew him in Fight hand to hand which made shew of more particular favour of God in this behalf to Henry and so he remained King of Spain as doth also his progenie enjoy the same unto this day though by nature he was a Bastard as had been said and notwithstanding that King Peter left two Daughters which were led away into England and there Married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great Nobility in conversation and prowess in Chivalry was called by excellency El cavallero the Knightly King and for his exceeding benignity and liberality was sur-named also El delas mercedes which is to say the King that gave many gifts or the liberal franck and bountiful King which was a great change from the other sur-named Cruel that King Peter had before and so you see that always I give you a good King in place of the bad deposed In Portugal also before I go out of Spain I will alledge you one example more which is of Don Sancho the second sur-named Capello fourth King of Portugal lawful Son and Heir unto Don Alonso sur-named el Gardo who was third King of Portugal This Don Sancho after he had Reigned 34. years was deprived for his defects in Government by the universal consent of all Portugal and this his first deprivation from all Kingly rule and Authority leaving him only the bare name of King was approved by a General Councel in Lions Pope Innocent the fourth being there present who at the Petition and Instance of the whole Realm of Portugal by their Embassadors the Arch-Bishop of Braga Bishop of Comibra and divers of the Nobility sent to Lyons for that purpose did Authorise the said State of Portugal to put in Supream Government one Don Alonso Brother to the said King Don Sancho who was at that time Earl of Bullen in Picardy by right of his Wife and so the Portugals did And further also a little after they deprived their said King and did drive him out of his Realm into Castilla where he liv'd all the rest of his Life in Banishment and Dyed in Toledo without ever returning and this decree of the Councel and Pope at Lyons for Authorising of this fact is yet extent in our Cannon Law in the sixt Book of Decretals now in Print And this King Don Alonso the third which in this sort was put up against his Brother was peaceably and prosperously King of Portugal all the days of his life and he was a notable King and among other great Exploits he was the first that set Portugal free from all Subjection Dependance and Homage to the Kingdom of Castile which unto his time it had acknowledged and he left for his Successor his Son and Heir Don Dionysio el Fabricador to wit the great Builder for that he Builded and Founded above forty and four great Towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other Examples could I alledge if I would examine the Lives and Descents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperors deprived for their evil Government not so much by popular Mutiny which often happened among them as by consent and grave deliberation of the whole State and weal-publick as Michael Calaphatos for that he had trodden the Cross of Christ under his Feet and was otherwise also a Wicked Man As also the Emperour Nicephorus Botoniates for his Dissolute Life and preferring Wicked Men to Authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our days by other Common-Wealths as in Polonia of Henry the third that was last King of France and before that had been Sworn King of Polonia of which Crown of Polonia he was deprived by publick Act of Parliament for his departing thence without License and not returning at his day by the said State appointed and denounced by publick Letters of Peremptory Commandment which are yet extant What should I name the Deprivations of Hen. late King of Suetia who being lawful Successor and lawfully in possession after his Father Gustanus was yet put down by that Common-Wealth and deprived and his Brother made King in his place who if you remember was in Ireland in the beginning of this Queens Reign and whose Son Reigneth at this day and is King also of Polonia and this Fact was not only allowed of at home by all the States of that Countrey but also abroad as namely of Maximilian the Emperor and approved also by the King of Denmark and all the Princes of Germany near about that Realm who saw the reasonable cause which that Common-Wealth had to proceed as it did And a little before that the like was practised also in Denmark against Cisternus their lawful King if we respect his descent in Bloud for he was Son to King John that Reigned afore him and Crowned in his Fathers life but yet afterwards for his Intolerable cruelty he was deprived and driven into Banishment together with his Wife and three Children all which were Disinherited and his Unkle Frederick Prince of Alsatia was chosen King whose Progeny yet remaineth in the Crown and the other though he were married to the Sister of Charles the fifth and last Emperour of that Name and were
of Kin also to King Henry the eighth of England yet could he never get to be restored but passed his time miserably partly in Banishment and partly in Prison until he died But it shall be best perhaps to end this short Narration with an Example or two out of England it self for that no where else have I read more remarkable accidents touching this point than in England but for brevity sake I shall only touch two or three that have happened since the Conquest for that I will go no higher though I might as appeareth by the Example of King Edwin and others neither will I begin to stand much upon the Example of King John though well also I might for that by his evil Government he made himself both so odious at home and contemptible abroad having lost Normandy Gascoin Guyen and all the rest in effect which the Crown of England had in France as first of all he was both Excommunicated and Deposed by the Sentence of the Pope at the Suit of his own people and was forced to make his peace by resigning his Crown into the hands of Pandulf the Pope's Legaâ—e as Polidor recounteth and afterwards falling back again to his old defects and naughty Government albeit by his promise to the Pope to go and make War against the Turks if he might be quiet at home and that his Kingdom should be perpetually tributary to the See of Rome he procured him to be of his side for a time and against the Barons yet that stayed not them to proceed to his Deprivation which they did effectuate first at Canterbury and after at London in the 18 th and last year of King John's Reign and meant also to have disinherited his Son Henry which was afterwards named King Henry the 3 d. and at that time a Child of Eight years old only and all this in punishment of the Father if he had lived and for that cause they called into England Lodowick Prince of France Son to King Philip the second and Father to St. Lewis the ninth and chose him for their King and did swear him Fealty with general consent in London in the year of our Lord 1216. And but that the Death of King John that presently ensued alter'd the whole course of that defignment and moved them to turn their purposes and accept of his Son Henry before matters were fully established for King Lodowick it was most likely that France and England would have been joyned by these means under a Crown But in the end as he said King Henry the third was admitted and he proved a very worthy King after so evil as had gone before him and had been Deposed which is a circumstance that you must always note in this Narration and he reigned more years than ever King in England did before him for he reigned full Fifty three years and left his Son and Heir Edward the first not inferiour to himself in Manhood and Virtue who reigned 34 years and left a Son named Edward the second who falling into the same or worse defects of Government than King John his Great-Grand-father had done was after 19 years reign Deposed also by Act of Parliament holden at London in the year 1326. and his Body adjudg'd to perpetual Imprisonment he being Prisoner at that present in the Castle of Wallingford whither divers both Bishops Lords and Knights of the Parliament were sent unto him to denounce the Sentence of the Realm against him viz. How they had deprived him and chosen Edward his Son in his stead For which act of choosing his Son he thanked them heartily and with many tears acknowledged his own unworthiness whereupon he was degraded his Name of King first taken from him and he appointed to be called Edward of Carnarvan from that hour forward and then his Crown and Ring were taken away and the Steward of his House brake the Staff of his Office in his presence and discharged his Servants of their Service and all other people of their Obedience or Allegiance towards him And towards his maintenance he had only a hundred Marks a year allowed for his Expences and then was he delivered also into the hands of certain particular Keepers who led him Prisoner from thence by divers other places using him with extreme indignity in the way until at last they took his Life from him in the Castle of Barklay and his Son Edward the third reigned in his place who if we respect either Valour Prowess length of Reign Acts of Chivalry or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had though he were chosen in the place of a very evil one as you have seen But what shall we say Is this worthiness which God giveth commonly to the Successors at these changes perpetual or certain by Descent No truly noâ— the example of one Prince's punishment maketh another to bewares for the next Successor after this noble Edwardâ— which was King Richard the second though he were not his Son but his Sons Son to wit Son and Heir to the renowned Black Prince of Walâ—s This Richard I say forgetting the miserable end of his Great-Grand-father for evil Government and the felicity and virtue of his Father and Grand-father for the contrary suffered himself to be abused and misled by evil Counsellors to the great hurt and disquiet of the Realm For which cause after he had reigned 22 years he was also Deposed by Act of Parliament holden in London in the year of our Lord 1399. and condemned to perpetual Imprisonment in the Castle of Pontefract where he was soon after put to death also and used as the other before had been And in this man's place by free Election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards so notable a King as the World knoweth and was Father to King Henry the fifth commonly called the Alexander of England for that as Alexander the Great conquered the most part of Asia in the space of 9 or 10 years so did this Henry conquer France in less than the like time I might reckon also in this number of Princes Deposed for defect in Government though otherwise he were no evil man in life this King Henry the fourths Nephew I mean King Henry the sixth who after almost forty years Reign was Deposed and Imprisoned and put to death also together with his Son the Prince of Wales by Edward the fourth of the House of York and the sameâ— was confirmed by the Commons and especially by the people of London and afterwards also by publick Act of Parliament in respect not only of the Title which King Edward pretended but also and especially for that King Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parliament between
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
also in that of Polidor it may be noted that King Henry the Fifth was not called King until after his Coronation but only Prince though his Father King Henry the Fourth had been dead now almost a month before and secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is of making a new King according to the antient custom of their Ancestors which argueth that he was not yet King though his Father were dead not that the manner of our old English Ancestors was to account him so before his Admission Thirdly That this demonstration of good-will of the Nobility to acknowledge him for King before his Coronation and Oath solemnized well and justly to Govern the Realm was very extraordinary and of meer good-will And Last of all That this was never done to any Prince before King Henry the Fifth All which Points do demonstrate that it is the Coronation and Admission that maketh a Perfect and True King whatsoever the Title by Succession be otherwise and that except the Admission of the Common-wealth be joyned to Succession it is not sufficient to make a lawful King and of the two the second is of far more importance to wit the Consent and Admission of the Realm than nearness of Bloud by Succession alone This I might prove by many Examples in England it self where Admission hath prevailed against Right of Succession as in William Rufus that succeeded the Conquerour and in King Henry the First his Brother in King Stephen King John and others who by only Admission of the Realm were Kings against the Order of Succession as after more at large I shall shew you in a particular speech of this point I shall make unto you and very specially it may be seen in the two Examples before-mentioned of the Admission of the two Kings Henry and Edward both sirnamed the Fourth whose entrances to the Crown if a man do well consider he shall find that both of them founded the best part and the surest of their Titles upon the Election Consent and Good-Will of the People yea both of them at their dying-days having some remorse of Conscience as it seemed for that they had caused so many men to die for maintainance of their several Rights and Titles had no better way to appease their own minds but by thinking that they were placed in that Room by the Voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive them Moreover you shall find if you look into the Doings of Princes in all Ages that such Kings as were most Politick and had any least doubt or suspicion of Troubles about the Title after their Deaths have caused their sons to be Crowned in their own days trusting more to this than to their Title by Succession though they were never so lawfully and lineally descended And of this I could alledge you many Examples out of divers Countreys but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself to procure to be done to Robert his eldest Son in his own days and the like did King Robert procure for his younger son Henry the First as Gerard holdeth and excluded his Elder only by Crowning Henry in his own days Henry also did intreat the States of France as before you have heard to admit and Crown Philip the First his Eldest Son whilst himself reigned and this man's Son Luys le Cros did the same also unto two Sons of his First to Philip and after his death to Luys the younger which is the seventh of that name for more assuring of his Son named Philip the Second intreated the Realm to Admit and Crown him also in his own days with that great solemnity which in the former Chapter hath been declared And for this very same cause of Security it is not to be doubted but that always the Prince of Spain is sworn and admitted by the Realm during his Father's Reign as before hath been said The same consideration also moved King David to Crown his son Solomon in his own days as afterwards more in particular shall be declared and finally our King Henry also the second of England considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession by propinquity of Bloud and fearing the like might happen also after him caused his eldest son named likewise Henry to be Crowned in his life time so as England had two King Henrys living at one time with equal Authority and this was done in the 16 year of his Reign and in the year of our Lord 1170. But his Device had no good success for that King Henry the Younger made War soon after upon King Henry the Elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practice again since that time in England but yet hereby it is evident what the opinion of the world was in those days of the force of Coronation and Admission of the Commonwealth and how little Propinquity of Bloud prevaileth without that And for more ample proof hereof and fuller conclusion of all the whole matter I had thought to have laid down also in this place some number of the most notorious Examples that I have read for I have read many wherein the Common-wealth upon just Occasions hath extended her Authority to alter the natural course of Succession by Birth but for that the thing requireth some little study and looking over some Notes that I have taken out of Stories for help of Memory I shall deferr it until our next Meeting at what time I shall by God's Grace make this point very clear and so end my whole Discourse for I see that I have been much longer than at the beginning I purposed and now I desire much to give place unto our Temporal Lawyer here present who I doubt not hath matter to say of more delectation and pleasure than this though you of your courtesies have done me so much favour as to hear me hitherto with patience and attention Whereunto the whole company answered that not with patience but with great pleasure delight and contentation they had heard him and so they would do the Temporal Lawyer also in his turn But yet they desired him that nothing of this discourse might be omitted but wholly finished for that it gave very great satisfaction to all and opened many important Points unto them which they had never thought of before and with this they parted for that night every man unto his Lodging and Habitation CHAP. VII How the next in Succession by Propinquity of Bloud hath often-times been put back by the Cemmonwealth and other further off admitted in their
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
But this Hardicanutus being dead also upon the sudden at a certain Banquet in Lambeth by London without issue within two years after his Coronation the States of the Realm had determined to chuse Aludred for their King who was younger Brother to Edward and for that cause sent for him out of Normandy as Polidor recounteth and had made him King without all doubt for that he was esteemed more Stirring and Valiant than his elder Brother Edward had not Earl Goodwin of Kent fearing the young man's stomach raised a strong Faction against him and thereupon also caused him to be traiterously murthered as he passed through Kent towards London nor had the State herein any respect to Antiquity of Bloud for that before Alfred were both his own elder Brother Prince Edward who after him was chosen King and before them both were Edmond and Edward the Children of their elder Brother Edmond Ironside as hath been said and this is the third Breach of Lineal Descent But this notwithstanding Alured being slain Prince Edward was made King tanta publica laetitta saith Polidor ut certatim pro ejus saelici Principatu cuncti vot a facerent That is He was made King with such universal joy and contentment of all men as every man contended who should pray and make most Vows to God for his happy Reign And according to this was the Success for he was a most Excellent Prince and almost miraculously he Reigned with great Peace and void of all War at home and abroad for the space of almost twenty years after so infinit Broils as had been before him and ensued after him and yet his Title by Succession cannot be justified as you see for that his eldest Brothers Son was then alive to wit Prince Edward sirnamed the Outlaw who in this Kings Reign came into England and brought his Wife and three lawful Children with him to wit Edgar Margaret and Christian but yet was not this good King Edward so scrupulous as to give over his Kingdom to any of them or to doubt of the Right of his own Title which he had by Election of the Commonwealth 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 all it seemeth they excluded him that was only Next by Propinquity in Bloud which was Edgar Adelin Son to the said Prince Edward the Outlaw now departed and Nephew to King Edmond Ironside and the reason of this exclusion is alledged by Polidor in these words is puer id aetatis nondum regno gubernando maturus erat That is he being a Child of so small-years was not ripe enough to Govern the Kingdom And then he saith that Harald Son of Earl Goodwin by the Daughter of Canutus the First proclaimed himself King and moreover he addeth Non displicuit omnino id factum populo qui plurimum sâ—ei in Haraldi virtute habebat itaque more majorum sacratus est which is This fact of Harald displeased not at all the People of England for that they had great hope in the vertue of this Harald and so was he Anointed and Crowned according to the Fashion of the antient Kings of England By which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the fourth Breach of Succession at this time But in the mean space William Duke of Normandy pretended that he was chosen before by King Edward the Confessor and that the Realm had given their consent thereunto and that King Edward left the same testified in his last Will and Testament and albeit none of our English Authors do avow the same clearly yet do many other foreign Writers hold it and it seemeth very probable that some such thing had past both for that Duke William had many in England that did favour his Pretence at his entrance as also as Gerard in his French Story saith that at his first Coming to London he punished divers by name for that they had broken their Oaths and Promises in that behalf And moreover it appeareth that by alledging this Title of Election he moved divers Princes abroad to favour him in that Action as in a just Quarrel which is not like they should have done if he had pretended only a Conquest or his Title of Consanguinity which could be of no importance in the World for that effect seeing it was no other but that his Grandfather and King Edward's Mother were Brother and Sister which could give him no pretence at all to the Succession of the Crown by Bloud and yet wee see that divers Princes did assist him and among others the French Chronicler Gerard so often named before writeth that Alexander the second Pope of Rome whose Holiness was so much esteemed in those days as one Constantinus Afer wrot a Book of his Miracles being informed by Duke William of the Justness of his pretence did send him his Benediction and a precious Ring of Gold with an Hallowed Banner by which he got the Victory thus writeth Gerard in his French Chronicles and Antoninus Archbishop of Florence sirnamed Sainct writing of this matter in his Chronicles speaketh great good of William Conquerour and commendeth his Enterprize But howsoever this was the Victory we see he got and God prospered his Pretence and hath confirmed his Off-spring in the Crown of England more than 500. Years together So as now accounting from the the death of King Edmond Ironside unto this man we shall find as before I have said in less than 50 Years that 5. or 6. Kings were made in England one after another by only Authority and Approbation of the Commonwealth contrary to the ordinary Course of Lineal Succession by Propinquity of Blood And all this is before the Conquest but if we should pass any further down we should find more Examples than before For First the two Sons of the Conquerour himself that succeeded after him to wit William Rufus and Henry the I. were they not both younger Brothers to Robert Duke of Normandy to whom the most part of the Realm was inclined as Polydor saith to have given the Kingdom presently after the Conquerours death as due to him by Succession notwithstanding that William for particular displeasure against his elder Son had ordained the contrary in his Testament But that Robert being absent in the War of Hierusalem the Holy and Learned man Laufranke as he was accounted then Archbishop of Canterbury being deceived with vain hope of William Rufus's good nature perswaded them the contrary who was at that day of high Estimation and Authority in England and so might induce the Realm to do what he liked By like means got Henry his younger Brother the same Crown afterwards to wit by fair Promises to the
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
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
that course was altered again and Henry his Son admitted for King And thus much of the Sons of King Henry II. But of his Daughters by the same Lady Eleanor Heir of Gascony Belforest in his Story of France hath these words following King Henry had four Daughters by Eleanor of Aquitain the eldest whereof was married to Alonso the IX of that name King of Castile of which Marriage issued Queen Blanch Mother to S. Lewis King of France The second of these two Daughters was espoused to Alexis Emperour of Constantinople The third was married to the Duke of Saxony and the fourth was given to the Earl of Tholosa Thus being the French Stories of these Daughters Of the marriage of the eldest Daughter of these four whose name was Eleanor also as her Mothers was with King Alonso the IX of Castile there succeeded many Children but only one son that lived whose name was Henry who was King of Castile after his Father by the name of Henry the I and â—ied quickly without Issue and besides this Henry two Daughters also were born of the same marriage of which the eldest and Heir named Blanch was married by intercession of her Uncle King John of England with the foresaid Prince Lewis of France with this express condition as both Polydor in his English Story and Garibay the Chronicler of Spain do affirm that she should have for her Dowry all the States that King John had lost in France which were almost all that he had there and this to the end he might not seem to have lost them by force but to have given them with the marriage of his Neece and so this marriage was made and her Husband Lewis was afterward chosen also King of England by the Barons and sworn in London as before hath been said And hereby also the Infanta of Spain before mentioned that is descended lineally from both these Princes I mean as well from Queen Blanch as from Lewis is proved to have her pretence fortified to the Interest of England as afterwards shall be declared more at large in due place The second Daughter of King Alonso the IX by Queen Eleanor was named Berenguela and was married to the Prince of Leon in Spain and had by him a Son named Fernando who afterwards when King Henry her Brother was dead was admitted by the Castilians for their King by the name of Fernando the IV. as before the Civilian hath noted and Blanch with her Son S. Lewis though she were the elder was put by the Crown against all right of Succession as Garibay the Spanish Chronicler noteth and confesseth Hereby then some do gather that as the first Interest which the Crown of England had to the States of Gascony Guyenne and Poyters came by a woman so also did it come to France by the right of this foresaid Blanch whereof the favourers of the Infanta of Spain do say that she being now first and next in bloud of that House ought to inherit all these and such like States as are inheritable by women or came by women as the former States of Gascony and Guyenne did to King Henry the II by Queen Eleanor his wife and Normandy by Mathilda his mother and both of them to France by this former interest of Blanch. And more they say that this Lady Blanch mother to King S. Lewis whose Heir at this day the Infanta of Spain is should by right have inherited the Kingdom of England also after the murther of Duke Arthur and his Sister Eleanor for that she was the next of â—in unto them at that time which could be capable to succeed them for that King John himself was uncapable of their succession whom he had murthered and his Son Henry was not then born nor in divers years after and if he had been yet could he receive no Interest thereunto by his Father who had none himself of all which points there will be more particular occasion to speak hereafter Now then I come to speak of King Henry the third who was Son to this King John and from whom all the three Houses before mentioned of Britany Lancaster and York do seem to issue as a triple branch out of one Tree albeit the Royal Line of Britany is more ancient and was divided before even from William the Conquerors time as hath been shewed yet do they knit again in this King Henry for that of King Henry the third his eldest Son named Prince Edward the first descended Edward the second and of him Edward the third from whom properly riseth the House of York And of his second Son Edmond surnamed Crookback County Palatine of Lancaster issued the Dukes of Lancaster until in the third descent when the Lady Blanch Heir of that House matched with John of Gaunt third Son of King Edward the third from which marriage rose afterward the formal division of these two Houses of Lancaster and York and also two distinct branches of Lancaster Besides these two Sons King Henry the third had a Daughter named Lady Beatrix whom he married to John the second of that name Duke of Britany who after was slain at Lions in France by the fall of an old Wall at the Coronation of Pope Clement the 5th of that name in the year of Christ 1298. and for that the Friends of the Infanta of Spain do seek to strengthen her Title by this her descent also of the Royal bloud of England from Henry the third as afterward shall be declared I will briefly in this place continue the Pedegree of the House of Britany from that I left before even to our days I shewed before in this Chapter that Geoffry the third Son to King Henry the second and Duke of Britany by his wife being dead and his two Children Arthur and Eleanor put to death by their Uncle King John in England as before hath been said it fell out that Constance Dutchess and Heir of Britany married again to Guy Viscount of Tours and had by him two Daughters whereof the eldest named Alice was Dutchess of Britany and married to Peter Brien Earl of Drusse and by him had John the first of that name Duke of Britany which John the first had issue John the second who married Lady Beatrix before-mentioned Daughter to King Henry the third and by her had the second Arthur Duke of Britany to whom succeeded his eldest Son by his first Wife named John the third who dying without Issue left the very same trouble and garboil in Britany about the succession between the two noble Houses of Blois and Monford the one maintained by France and the other by England as soon after upon the very like occasion happen'd in England between the Houses of Lancaster and York as after shall be shewed And not long after that again the like affliction also ensued in France though not for succession but upon other occasions between
shall now begin to make more particular declaration taking my beginning from the Children of King Edward the third who were the causers of this fatal dissention CHAP. III. Of the succession of English Kings from King Edward the third unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared KIng Edward the third surnamed by the English the Victorious though he had many Children whereof some died without Issue which appertain not to us to treat of yet had he five Sons that left Issue behind them to wit Edward the eldest that was Prince of Wales surnamed the Black Prince Leonel Duke of Clarence which was the second Son John of Gaunt so called for that he was born in that City that was the third Son and by his Wife was Duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also born there and was Duke of York and last of all Thomas the fifth Son surnamed of Woodstock for the same reason of his birth and was Duke of Gloucester All these five Dukes being great Princes and Sons of one King left Issue behind them as shall be declared and for that the descendents of the third and fourth of these Sons to wit of the Dukes of Lancaster and York came afterward to strive who had best Title to Reign thereof it came that the controversie had his name of these two Families which for more distinction sake and the better to be known took upon them for their Ensigns a Rose of two different colours to wit the White Rose and the Red as all the World knoweth whereof the White served for York and the Red for Lancaster To begin then to shew the Issue of all these five Princes it is to be noted that the two elder of them to wit Prince Edward and his second Brother Leonel Duke of Clarence dyed both of them before King Edward their Father and left each of them an Heir for that Prince Edward left a Son named Richard who Succeeded in the Crown immediately after his Grand-father by the name of King Richard the second but afterward for his evil Government was deposed and dyed in prison without Issue and so was ended in him the Succession of the first Son of King Edward The second Son Leonel dying also before his Father left behind him one only Daughter and Heir named Philippa who was married to one Edmond Mortimer â—arl of March and he had by her a Son and Heir named Roger Mortimer which Roger had Issue two Sons named Edmond and Roger which dyed both without Children and one daughter named Anne Mortimer who was married unto Richard Plantagenet Earl of Cambridge second Son unto Edmond Langly Duke of York which Duke Edmond was fourth Son as hath been said unto King Edward the third and for that this Richard Plantagenet married the said Anne as hath been said hereby it came to pass that the House of York joyned two titles in one to wit that of Leonel Duke of Clarence which was the second Son of King Edward the third and that of Edmond Langly Duke of York which was the fourth Son and albeit this Richard Plantagenet himself never came to be Duke of York for that he was put to death while his elder Brother lived by King Henry the fifth for a conspiracy discovered in Southampton against the said King when he was going over into France with his Army yet he left a Son behind him named also Richard who afterward came to be Duke of York by the death of his Uncle which Uncle was slain soon after in the Batteâ— of Ageâ—couâ—t in France and this Richard began first of all to prosecute openly his quarrel for the Title of the Crown against the House of Lancaster as a little afterward more in particuler shall be declared as also shall be shewed how that this 2 Richard Duke of York being slain also in the same quarrel left a Son named Edward Earl of March who after much trouble got to be King by the name of King Edward the 4 by the oppression and putting down of King Henry the 6 of the House of Lancaster and was the first King of the House of York whose Genealogy we shall lay down more largely afterwards in place convenient And now it followeth in order that we should speak of John of Gaunt the third Son but for that his descent is great I shall first shew the descent of the fifth and last Son of King Edward who was Thomas of Woodstock Duke of Glocester and Earl of Buckingham that was put to death afterward or rather murthered wrongfully by order of his Nephew King Richard the second and he left only one daughter and Heir named Anne who was married to the Lord Stafford whose Family afterward in regard of this marriage came to be Dukes of Buckingham and were put down by King Richard the third and King Henry the eighth albeit some of the bloud and name do remain yet still in England And thus having brought to an end the Issue of three Sons of King Edward to wit of the first second and fifth and touched also somewhat of the fourth there resteth to prosecute more fully the Issues and descents of the third and fourth Sons to wit of John of Gaunt Duke of Lancaster and of Edmond Langly Duke of York which are the Heads of these two Noble Families which thing I shall do in this place with all brevity and perspicuity possible beginning first with the House of Lancaster John of Gaunt third Son of King Edward being Duke of Lancaster by his Wife as hath been said had three Wives in all and by every one of them had issue though the Bishop of Ross in his great Latine Arbour of the Genealogies of the Kings of England Printed in Paris in the year 1580. assigneth but one Wife only to this John of Gaunt and consequently that all his Children were born of her which is a great and manifest errour and causeth great confusion in all the rest which in his Book of the Queen of Scots Title he buildeth hereon for that it being evident that only the first Wife was Daughter and Heir of the House of Lancaster and John of Gaunt Duke thereof by her it followeth that the Children only that were born of her can pretend properly to the inheritance of that house and not others born of John of Gaunt by other wives as all the World will confess First then as I have said this John of Gaunt married Blanch Daughter and Heir of Henry Duke of Lancaster and had by her one Son only and two Daughters The Son was called Henry Earl first of Darby and after made Duke of Hereford by King Richard the second and after that came to be Duke also of Lancaster by the death of his Father and lastly was made King by the deposition of his Cousen German the said King
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
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
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
in the House of York these men endeavour to shew all the contrary to wit that there was nothing else but suspition hatred and emulations among themselves and extreme cruelty of one against the other and so we see that as soon almost as Edward Duke of York came to be King George Duke of Clarence his younger Brother conspired against him and did help to drive him out again both from the Realm and Crown In recompence whereof his said elder Brother afterward notwithstanding all the reconciliation and many others that passed between them of new love and union caused him upon new grudges to be taken and murthered privily at Calis as all the World knoweth And after both their deaths Richard their third Brother murthered the two Sons of his said elder Brother and kept in prison whiles he lived the Son and Hâ—ir of his second Brother I mean the young Earl of Warwick though he were but a very Child whom King Henry the seventh afterward put to death But King Henry the eighth that succeeded them passed all the rest in cruelty toward his own kindred for he weeded out almost all that ever he could find of the Bloud Royal of York and this either for emulation or causes of meer suspicion only For first of all he beheaded Edmond de la Pole Duke of Suffolk Son of his own Aunt Lady Elizabeth that was Sister to King Edward the fourth which Edward was Grandfather to King Henry as is evident The like destruction King Henry went about to bring to Richard de la Pole Brother to the said Edmond if he had not escaped his hands by flying the Realm whom yet he never ceased to pursue until he was slain in the battel of Pavia in service of the King of France by whose death was extinguished the noble house of the de la Poles Again the said King Henry put to death Edward Duke of Buckingham high Constable of England the Son of his great Aunt Sister to the Queen Elizabeth his Grandmother and thereby overthrew also that worthy House of Buckingham and after again he put to death his Cousen-jerman Henry Câ—urtâ—â—y Marquess of Excester Son of the Lady Catherine his Aunt that was Daughter of King Edward the fourth and attained joyntly with him his Wife the Lady Gertrude taking from her all her goods lands and inheritance and committed to perpetual prison their only Son and Heir Lord Edward Courtney being then but a Child of seven years old which remained so there until many years after he was set at liberty and restored to his living by Queen Mary Moreover he put to death the Lady Margaret Plantagenet Countess of Salisbury Daughter of George Duke of Clarence that was Brother of his Grandfather King Edward the fourth and with her he put to death also her eldest Son and Heir Thomas Poole Lord Montague and committed to perpetual prison where soon after also he ended his life a little Infant named Henry Poole his Son and Heir and condemned to death by act of Parliament although absent Renald Poole Brother to the said Lord Montague Cardinal in Rome whereby he overthrew also the Noble House of Salisbury and Warwick neither need I to go further in this relation though these men do note also how Edward the sixth put to death two of his own Uncles the Seymers or at least it was done by his authority and how that under her Majesty that now is the Queen of Scotland that was next in kin of any other living and the chief titler of the House of York hath been put to death Lastly they do note and I may not omit it that there is no noble house standing at this day in England in the antient state of calling that it had and in that dignity and degree that it was in when the House of York entered to the Crown if it be above the State of a Barony but only such as defended the right and interest of the Houses of Lancaster and that all other great Houses that took part with the House of York and did help to ruine the House of Lancaster are either ceased since or extiâ—pated and overthrown by the same House of York it self which they assisted to get the Crown and so at this present they are either united to the Crown by confiscation or transferred to other lineages that are strangers to them who possessed them before As for example the ancient Houses of England that remain at this day and were standing when the House of York began their title are the House of Arundel Oxford Northumberland Westmerland and Shrewsbury for all others that are in England at this day above the dignity of Barons have been advanced since that time and all these five houses were these that principally did stick unto the House of Lancaster as is evident by all English Chronicles For that the Earl of Arundel brought in King Henry the fourth first King of the House of Lancaster and did help to place him in the Dignity-Royal coming out of France with him The Earl of Oxford and his Son the Lord Vere were so earnest in the defence of King Henry the sixth as they were both slain by King Edward the fourth and John Earl of Oxford was one of the principal assistants of Henry the seventh to take the Crown from Richard the third The House of Northumberland also was a principal aider to Henry the fourth in getting the Crown and two Earls of that name to wit Henry the second and third were slain in the quarrel of King Henry the sixth one in the battel of St. Albans and the other of Saxton and a third Earl named Henry the fourth fled into Scotland with the said King Henry the sixth The House of Westmerland also was chief advancer of Henry the fourth to the Crown and the second Earl of that House was slain in the party of Henry the sixth in the said battel of Saxton and John Earl of Shrewsbury was likewise slain in defence of the title of Lancaster in the battel of Nâ—rthampton And I omit many other great services and faithful endeavoure which many Princes of these five noble ancient houses did in the defence of the Lancastrian Kings which these men say that God hath rewarded wiâ—â— continuance of their houses unto this day But on the contrary side these men do note that all the old houses that principally assisted The title of York are now extinguished and that chiefly by the Kings themselves of that house as for example the principal Peers that assisted the family of York were Mâ—â—â—ray Duke of Norfolk de la Poole Duke of Suffolk the Earl of Saâ—isâ—uâ—y and the Earl of Warwiâ—k of all which the event was this John Moubray Duke of Nâ—rfolk the first considerate of the House of York died soon after the exaltation of Edward the fourth without Issue and so that name
accompt thereof both for that in it self they say it may easily be overthrown and proved to be of no validity as also for that if it were never so good yet might it for other considerations be rejected and made frustrate as our friend the Civil Lawyer hath largely and learnedly proved these days in our hearing To begin then to speak first of the King of Scots title by nearness of bloud these men do affirm that albeit there be not alledged any bastardy in his descent from King Henry the seventh his daughter as there is in her second marriage against the Lady Arabella yet are there other reasons enough to frustrate and overthrow this claim and pretention and first of all for that he is not say these men of the house of Lancaster by Lady Blanch the only true Heir thereof as before hath in part been shewed and shall be afterward more largely but only by Catharine Swinford whose Children being unlawfully begotten and but of the false bloud whether they may by that legitimation of Parliament that was given them be made inheritable unto the Crown before the lawful daughter of the whole bloud shall be discussed afterward in place convenient when we shall talk of the House of Portugal but in the mean space these men do presume that the King of Scots is but only of the House of York and then affirming farther that the tiâ—le of the House of Lancaster is better then that of York as by many arguments the favours of Lancaster have endeavoured to shew in the former Chapter they do infer that this is sufficient to make void all claim of the King of Scots that he may pretend by nearness of bloud especially seeing there want not at this day pretenders enough of the other House of Lancaster to claim their right so as the House of York shall not need to enter for fault of true Hâ—irs and this is the first argument which is made against the Scottish King and all the rest of his lineage by the favourers and followers of the said House of Lancaster A second argument is made against the said Kings succession not by them of Lancaster but rather by those of his own House of York which is founded upon his foreign birth by which they hold that he is excluded by the common laws of England from succession to the Crown for that the said laws do bar all strangers born out of the Realm to inherit within the Land and this is an argument handled very largely between the foresaid books of Mr Hales Mr. Morgan and my Lord of Ross and for that the same doth concern much the pretentions and claims of divers others that be strangers also by birth and yet do pretend to this succession as before hath been declared I shall repeat briefly in this place the sum of that which is alledged of both parties in this behalf First then to the general assertion that no stranger at all may inherit any thing by any means in England the said books of Mr. Morgan and my Lord Ross do answer that in that universal sense it is false for that it appeareth plainly by that which is set down by law in the seventh and ninth years of King Edward the fourth and in the eleventh and fourteenth of King Henry the fourth that a stranger may purchase Land in England as also that he may inherit by his Wife if he should marry an Inheritrix Secondly they say that the true maxim of rule against the Inheritance of strangers is grounded only upon a Statute made in the 25th year of King Edward the third and is to be restrained unto proper inheritances only to wit that no person born out of all the allegiance of the King of England whose Father and Mother were not of the same allegiance at the time of his birth for so are the words of the Statute shall be able to have or demand any heritage within the same allegiance as Heir to any person Thirdly they say that this axiom or general Rule cannot any way touch or be applied to the succession of the Crown first for that as hath been declared before no Axiom or Maxim of our Law can touch or be understood of matters concerning the Crown except express mention be made thereof and that the Crown is priviledged in many points that other private heritages be not And secondly for that the Crown cannot properly be called an Inheritance of Allegiance or within Allegiance as the words of the said Statute do stand for that it is not holden of any superior nor with allegiance but immediately from God And thirdly for that the Statute meaneth plainly of Inheritances by descent for otherwise as is said an Alien may hold Lands by purchase but the Crown is a thing incorporate and descendeth not according to the common course of other private inheritances but rather goeth by Succession as other Incorporations do in sign whereof no King can by Law avoid his Letters Patents by reason of his noneage as other common Heirs under age do but he is ever presumed to be of full age in respect of his Crown even as a Prior Parson Dean or other Head Incorporate is which can never be presumed to be within age and so as any such Head Incorporate though he be an Alien might inherit or demand lands in England for his Incorporation notwithstanding the former Statute so much more the Inheritor to the Crown Fourthly they say that in the very Statute it self there is express exception of Infantes du Roy by which words these men do hold to be understood all the Kings Off-spring or Blood Royal and they do fortifie their proof for that otherwise King Edward the third being then alive when this Statute against strangers was made and his Children also who had dispersed their bloud by marriages over all Christendom they would never have suffered such a Statute to pass to their own prejudice if the heritage of the Crown should fall unto them or any of theirs that should be born abroad And finally these men do shew how that King Stephen and King Henry the second born out of the Realm and of Parents that were not of the allegiance of England when they were born were yet admitted to the Crown without contradiction in respect of their forraign birth which argueth that by the common course of our old common Laws there was no such stop against Aliens and that if the Statute made in King Edward the third his days would have derogated or abridged this ancient liberty it would have made scpecial mention thereof which it doth not as hath been shewed and by reasons it seemeth that they have answered sufficienly to this objection of forraign birth both for the King of Scotland and all other pretenders that are foreign born so as by this impediment they may not in right be excluded from their succession So as now I will return to shew
the other reasons of exclusion which men do lay against the House of Scotland whereof one is urged much by the House of Suffolk and grounded upon a certain Testament of King Henry the eighth as before hath been touched by which Testament the said House of Suffolk that is to say the Heirs of the Lady Frances and of the Lady Eleanor Neeces to King Henry the eighth by his second Sister Mary are appointed to succeed in the Crown of England before the Heirs of Margaret the first Sister married in Scotland if King Henry's own Children should come to die without Issue as now they are all like to do and this Testament had both the Kings hand or stamp unto it and divers Witnesses names besides and was enrolled in the Chancery and was authorized by two Acts of Parliament two wit in the 28. and 35. years of King Henry in which Parliaments authority was given to the said King to dispose and ordain of this point of succession as he and his learned Councel should think best for the weal publick This is the effect of this Argument which albeit the former Books of Mr. Morgan and the Bishop of Ross and some other of the Scottish favourers do seek to refut by divers means and ways as before in the first chapter of this discourse is set down and especially by the Testimony of the Lord Paget and Sir Edward Montague that said the stamp was put unto it after the King was past sense yet they of of the House of Suffolk are not satisfied without that answer for that they say that at least howsoever that matter of the late sealing be yet seeing the King willed it to be done drawn out and sealed it appeareth hereby that this was the last Will and judgment of King Henry and not revoaked by him which is sufficient say these men to answer the intent and meaning of the Realm and the authority committed to him by the foresaid two Acts of Parliament for the disposing of the succession which two Acts say these men containing the whole authority of the Commonwealth so seriously and diliberately given in so weighty an affair may not in reason be deluded or overthrown now by the saying of one or two men who for pleasing or contenting of the time wherein they speak might say or guess that the Kings memory was past when the stamp was put unto his Testament which if it were so yet if he commanded as hath been said the thing to be done while he had memory as it may appear he did both by the Witnesses that subscribed and by the enrollment thereof in the Chancery no man can deny but that this was the King's last Will which is enough for satisfying the Parliaments intention as these men do affirm A fourth argument is made against the King of Scots Succession by all the other competitors jointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded upon a plain fresh Statute made in the Parliament holden in the 27 year if I erre not of her Majesty that now is wherein it is enacted and decreed that whosoever shall be convinced to conspire attempt or procure the death of the Queen or to be privy or accessary to the same shall lose all right title pretence claim or action that the same parties or their Heirs have or may have to the Crown of England Upon which Statute seeing that afterward the Lady Mary late Queen of Scotland Mother of this King was condemned and executed by the authority of the said Parliament it seeemeth evident unto these men that this King who pretendeth all his right to the Crown of England by his said Mother can have none at all And these are the reasons proofs and arguments which divers men do alledge against the right of succession pretended by the King of Scots But now if we leave this point which concerneth the very right it self of his succession by bloud and will come to examine other reasons and considerations of State and those in particular which before I have mentioned that his favourers do alledge utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown as also the other point also of establishment of Religion by them mentioned then I say these other men that are against his entrance do produce many other reasons and considerations also of great conveniencies as to them they seem against this point of admission and their reasons are these that follow First touching the publick good of the English Commonwealth by the uniting of both Realms of England and Scotland together these men do say that it is very doubtful and disputable whether the state of England shall receive good or harm thereby if the said union could be brought to pass First for that the state and condition of Scotland well considered it seemeth that it can bring no other commodity to England then increase of Subjects and those rather to participate the commodities and riches of England then to import any from Scotland And then secondly the aversion and natural alienation of that people from the English and their ancient inclination to joyn with the French and Irish against us maketh it very probable that that subjection of theirs to the Crown of England would not long endure as by experience we have seen since the time of King Edward the first when after the death of their King Alexander the third without Issue they chose King Edward to be their King delivered their Towns and Fortresses into his hands did swear him Fealty received his Deputy or Vice-Roy as Polydor at large declareth And yet all this served afterward to no other effect but only Slaughter Bloud-shed and infinite Losses and Charges of England Thirdly they say That if the King of Scots should come to possess the Crown of England he cannot chuse at least for many years but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him though most contrary by natural inclination and least tollerable in Government to English-men as are the Scots of whom he is born and Danes wiâ—h whom he is allied and French of whom he is descended and of the uncivil Part of Ireland with whom one great part of his Realm hath most Conjunction the Authority and sway of which four Nations in England and over English-men what trouble it may work every wise man may easily conjecture Besides that the Scotch-men themselves especially those of the Nobility do openly profess That they desire not this Conjunction and Subordination unto England which in no wise they can bear both for the aversion they have to all English Government over them as also for that their Liberties are
Succession or Right of Women which the Kingdom of France in it self doth not as is known and consequently a Woman may be Heir to the one without the other that is to say she may be Heir to some particular states of France inheritable by Women though not to the Crown it self and so do pretend to be the two Daughters of France that were Sisters to the late King Henry III. which Daughters were married the one to the King of Spain that now is who had Issue by her the Infanta of Spain yet unmarried and her younger Sister married to the Duke of Savoy and the other to wit the younger Daughter of the King of France was married to the Duke of Lorrain yet living by whom she had the Prince of Lorrain and other Children that live at this day This then being so clear as it is first that according to the common course of Succession in England and other Countries and according to the course of all Common Law the Infanâ—a of Spain should inherit the whole Kingdom of France and all other States thereunto belonging she being the Daughter and Heir of King Henry II. of France whose Issue-male of the direct line is wholly extinct but yet for that the French do pretend their Law Salique to exclude Women which we English have ever denied to be good until now hereby cometh it to pass that the King of Navarr pretendeth to enter and to be preferred before the said Infanta or her Sisters Children though Male by a Collateral Line But yet her favourers say I mean those of the Infanta that from the Dukedoms of Britany Aquitain and the like that came to the Crown of France by Women and are Inheritable by Women she cannot be in right debarred as neither from any Succession or Pretence to England if either by the Bloud-Royal of France Britany Aquitain or of England it self it may be proved that she hath any Interest thereunto as her favourers do affirm that she hath by these reasons following First for that she is of the ancient Bloud-Royal of England even from the Conquest by the elder Daughter of William the Conquerour married to Allain Fergant Duke of Britany as hath been shewed before in the second Chapter and other places of this Conference And of this they infer three Consequences First when the Sons of the Conquerour died without Issue or were made uncapable of the Crown as it was presumed at least-wise of King Henry I. last Son of the Conquerour that he lost his Right for the violence used to his elder Brother Robert and unto William the said Robert's Son and Heir they say these men ought the said Dutchess of Britany to have entred as eldest Sister Secondly they say That when Duke Robert that both by right of Birth and by express Agreement with William Rufus and with the Realm of England should have succeeded next after the said Rufus came to die in Prison the said Lady Constance should have succeeded him for that his Brother Henry being culpable of his Death could not in right be his Heir And thirdly they say That at least wise after the death of the said King Henry I. she and her Son I mean Lady Constance and Conan Duke of Britany should have entred before King Stephen who was born of Adela the younger Daughter of William the Conquerour Secondly they do alledge That the Infanta of Spain descendeth also lineally from Lady Eleanor eldest Daughter of King Henry II. married to King Alonso the ninth of that name King of Castile whose eldest Daughter and Heir named Blanch for that their only Son Henry died without Issue married with the Prince Lewis VIII of France who was Father by her to King St. Lewis of France and so hath continued the Line of France unto this day and joyned the same afterwards to the House of Britany as hath been declared So as the Infanta cometh to be Heir general of both those Houses that is as well of Britany as France as hath been shewed And now by this her descent from Queen Eleanor Daughter of King Henry II. her favourers do found divers Pretences and Titles not only to the States of Aquitain that came to her Father by a Woman but also to England in manner following First for Aquitain they say it came to King Henry II. by his Wife Eleanor Daughter of William Duke of Aquitain as before in the second Chapter at large hath been declared and for that the most part thereof was lost afterwards to the French in King John's time that was fourth Son to the aforesaid King Henry it was agreed between the said King John and the French-King Philip that all the States of Aquitain already lost to the French should be given in Dowry with the said Blanch to be married to Lewis VIII then Prince of France and so they were And moreover they do alledge That not long after this the same States with the residue that remained in King John's hands were all adjudged to be forfeited by the Parliament of Paris for the Death of Duke Arthur and consequently did fall also upon this Lady Blanch as next Heir capable of such Succession unto King John for that yet the said King John had no Son at all and for this cause and for that the said States are Inheritable by Women and came by Women as hath been often said these men affirm That at this day they do by Succession appertain unto the said Lady Infanta of Spain and not unto the Crown of France To the Succession of England also they make pretence by way of the said Lady Blanch married into France and that in divers manners First for that King John of England by the Murther of Duke Arthur of Britany his Nephew which divers Authors do affirm as Stow also witnesseth was done by King John's own hands he forfeited all his States though his right to them had been never so good and for that this Murther happened in the fifth year of his Reign and four years before his Son Henry was born none was so near to succeed at that time as was this Lady Blanch married into France for that she was Daughter and Heir unto King John's elder Sister Eleanor or the said Lady Eleanor her self Queen of Spain should have succeeded for that she yet lived and died not as appeareth by Stephen Garribay Chronicler of Spain until the year of Christ 1214. which was not until the fifteenth year of the Reign of King John and one year only before he died so as he having yet no Issue when this Murther was committed and losing by this forfeit all the right he had in the Kingdom of England it followeth that the same should have gone then to his said Sister and by her to this Lady Blanch her Heir and eldest Daughter married into France as hath been said which forfeit also of King John these men do confirm by his
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
this of Portugal or by both though to determine this first and chief point who is the next and true Heir unto these foresaid King and Queen of Portugal the Laws of Portugal must needs be Judge and not those of England and so seeing that by these Lawâ— of Portugal the King of Spain is now adjudged for next Heir to the said Prince and is in possession of their Inheritance at this day I mean of the Crown of Portugal these men say that he must consequently Inherit also all other Rights Dignities and Prerogatives belonging to the foresaid Princes or to their Posterity And thus you see now how great diversity of Arguments and Objections is and may be alledged on different sides about this Affair whereby also is made manifest how doubtful and ambiguous a matter this point of English Succession is seeing that in one onely branch of the Pretenders which is in the House of Portugal alone there are so many difficulties as here hath been touched But now the common Objection against all these Titles and Titlers is that they are old and out of use and not to be brought in question again now especially seeing that both King Henry the VII and his Issue have enjoyed so long the Title of the House of Lancaster as it hath and secondly that these Titles do appertain unto Strangers whose Government may be dangerous many ways unto England and especially in that which toucheth the King of Spain who being so Great and Mighty a Monarch as he is may prejudice greatly the English Liberty and easily bring them into servitude if his pretence should be Favoured as by some it seemeth to be This is the Speech of many men in England and abroad at this day whereunto yet some others do answer that as concerning the first Objection of the oldness of the Pretence and Title it hath shewed before that by Law no Title to a Kingdom dyeth ever but may take place whensoever the Party to whom it belongeth is able to avouch it and get possession and as for this pretence of the Line of Portugal they say that it hath not such great age but that very well it may shew it self and be had in consideration especially at this Time wâ—â—n now the Issue Male of King Henry the VII is ended and that of Necessity we must return to have consideration of the Issue of his Daughters before which Daughters good Reason say these men is it that the Issue of Lady Philippa Queen of Portugal should be admitted for that albeit we would have that respect to the Issues Male of John Earl of Somerset as to prefer it or suffer it to enjoy the Crown before the Issue of Queen Philippa and so they say it seemeth that it was for that King Henry the VII was Crowned King his Mother being alive which yet by ordinary course of Succession should have gone before him yet say they it is no reason that the Issue-Female of John of Somerset or of King Henry the VII should be preferred before the Issue-Male of the said Queen Philippa Moreover they say that the House of Clarence and Hutnington do pretend a Title more old and stale at this day than this of Portugal for that they pretend from George Duke of Clarence that never had the Crown and these of Portugal pretend to be next Heir to King Henry the VI. that did wear the Crown of England for 40. Years together after whose death if King Alfonsus of Portugal who was then old and wearied with evil success of Wars had been so able to prefer and follow his Title as some of that House be at this day he would never have suffered the House of York to have entred nor King Henry the VII to have enjoyed it after them by the Title of Lancaster which Title yet of Lancaster say these men King Henry the VII could not have in himself any way whether we respect Queen Philippa or John of Somerset for by Queen Philippa they of Portugal were evidently before him and by way of John of Somerset the Countess his Mother was as clearly before him neither could he have any Title as yet by the House of Yâ—rk for that he was not yet married to the Daughter of King Edward so as his Crowning in the Field and whole entrance to the Kingdom was without any actual Title at all but only the good will of the People as these men do hold To the other Objection of 14. Princes and strange Government that may come to England by these pretences of the Princes of Portugal divers men do answer diversly for some do grant that it may be so that by this means England may come to be under Foreign Kings and that no hurt or inconvenience at all would ensue thereof to England but rather much Good and Commodity but other that like not well of this assertion do say further that if these Foreign pretences should take place yet that all matters might be so compounded that albeit the Prince himself which is to Rule should be Foreign born which they take to be no Inconvenience yet that his Forces and Dependance should be only of the English for that he should not bring in any strange Powers into the Land no more than did King Stephen or King Henry the II. that were born in France or than did King Philip of Spain in Queen Marys days or as it is thought Monsiâ—ur of France should have done if he had married her Majesty that now is as once it was supposed he should To this said one of the Company and is it possible that any man should be of opinion that Foreign Government in what manner or kind soever it be should not be inconvenient and hurtfull to England where the People are wholly bent against it you remember quoth he as concerning the last two Examples that you have alledged what Tumult and stir there was raised by some kind of Men about the coming in of King Philip and what there was like to have been about the entrance of Monsieur if that purpose had gone forward I remember well said the Lawyer and these men that are of this opinion will say to this that it was but a Popular Mutiny without Reason or any good Ground at all and only raised by some crafty Heads that misliked the Religion of the Princes that were to enter and for some other drifts of their own but not of any sound Reason or Argument of State which these men think rather to be of their side and in good sooth they alledge so many Arguments for their Opinion that if you should hear them you would say it were hard to judge which Opinion had most Truth but they are too long for this place and so said he I shall make an end of the matter that I have in hand and leave this point for others to discuss With this the whole Company shewed marvellous great desire to know
Queen of Spain Garib l. 13. cap. 10. An. 12â—7 An English Queen Grand-mother to two King Saints at once Another breach of Succession The Cord is put back from the Crown 1276. Garabay l. 15. c. 1. an 1363. Many alterations of Lineal descent Don John the first bastard King of Portugal Garib l. 15. c. 22 l. 34. c. 39. Of the State of France An 419. An. 751. An. 988. Examples of the two Ranks of French Kings King Pepin by Election An. 751. King 〈…〉 〈…〉 â—â—â—â—lan 〈◊〉 an â—8 Eginard Belfor li. 2 cap. 5. The Uncle preferred before the Nephew Paul Mili hist. Franc. King Luys de bonnaire An. 814. Gerard. l. 5. An. 834 An. 840. An. 878. Baudin en la Chronique pag. 119. Gerard l. 1 An. 879. Two Bastards preferred An. 881. Luys Faineant King of Foance An. 886. Charles 4. le Gros King of France Gerard. li. 5. An. 888 Odo a King and after Duke of whom came Hugo Capetus Ralph I. King of France An. 927. An. 929. Luys IV. d' Outremer The true Heir of France excluded Hugh Capet otherwise Snatchcape 988. Belfor li. 3. cap. 1. An. 988. Defence of Hugh Kapetus Title The Embassage of the States of France unto Charles of Loraine Gerard l. 6. an 988. Note this comparison Example out of the third time of France Gerard. li. 6. an 1032. King Henry preferred before his elder Brother William Conquerour how he came to be Duke of Normandy Gerard l. 6. anno 1032. 1037. Sons excluded for the Fathers offences Gerard l. 7. ann 1110 Belfor l. 4. c. 1. l. 5. Commaeus in commentar l 1. in vita Ludovic 11. Examples of the Realm of England Divers Races of English Kings The name of England and English King Egbert the first Monarch of England Polidor hist. Aug. li 4. in fine An. 802. King Pepin of France King Adelwolfe An. 829. King Alfred 872. King Edward Elder An. 900 King Aleston the Bastard preferred An 〈◊〉 〈…〉 hist. Angl. Stow pag. 130. An. 924. King Edmond I. An. 940. The 〈◊〉 preferred before the Nephews 946. Polid. l. 6. Stâ—w in 〈…〉 〈…〉 King Edward martyrized King Etheldred 978. Polid. l. 7. hist. Aug. King Edmond Ironside Queen Emma Mother to King Edward the Confessor Many breaches of Lineal Succession Sons of King Edmond Ironside King Canutus the First 1018 King Harald the Bastard 1038. Polyd. l 8. hist. Angl. King Hardiâ—anutus Anno 1041. Alfred the younger Brother preferred King Edward the Confessor made King against Right of Succession Prince Edward the Outlaw and his Children put back Polyd. l. 8. Harald second King by Election 1066. Polid. ubi sâ—p 〈…〉 of England An. 1066. by Election Gerard. li. 6. An. 1065 Chron. 〈◊〉 l. 3. cap. â—4 Antoninus part 2. Chron. tit 16. cap. 5. §. 1. Examples after the conquest Polyd. in vita Gul. Conq. William Rufus King An. 1087. Henry I. An. 1100. Mathild the Empress King Stephen entred against Succession An Act of Parliament about Succession 1153. King Richard and King John 1190. Prince Arthur put back Two Sisters of Prince Arthur Duke of Britain King John and his Son rejected 1216. The Titles of York and Lancaster The conclusion of this Chapter Causes of Excluding Princes Who must be Judge of the lawful cause of Exclusion Open injustice to be resisted What are the chief points to be regarded in â— Princes admission Whence the Reasons of admitting or rejecting a Prince are to be taken Gerard. li. 3. de l' Estat pag. 242. Three principal Points to be considered Why â—e resolveth to treat of Religion principally The chief end of a common-wealth supernatural Philosophers and Law-makers what end they had of their Doings The commonwealth of Beasts The natural end of Mans commonwealth Sacrifices and Oblations by Nature Gen. 8. Job 1. The chief end of a common-wealth and Magistrates is Religion Genebrard l. 1. Chronol de l. aetate Genes 25. 29. Deut. 21. 2 Parali 21. Regard of Religion among Gentiles Cicero li. 1 quaest Tus. de natuâ—a Deorum lib. 1. Plâ—tâ—rch adverses 〈◊〉 Aristo l. 7. Polâ—ti c. 8. The aâ—sâ—rd 〈…〉 Politicks See before the Oaths made by Princes at their Coronations in the IV. Chapter The Oath to Governours for defence of Religion Collat. 2. Novella constit Justin. 8. tit 3. Note the form of this Oath written An. Dom. 560. How great a defect is want of Religion in a Magistrate Lack of Religion the chiefest cause to exclude a Pretender Vide Digest li. 2â— tit 1. leg 8. 10. Matth. 1â— Marc. 10. 1 Cor. 7. Lib. 4. deceret Greg. tit 19. c. 7. Whether difference in Religion be infidelity Act. 23. 1 Cor. 8. 2 Cor. 5. 1 Pet. 3. Matth. 18 How he that doth against his own conscience Rom. 14. 1 Cor. 14. 10. See upon this place of S. Paul S. Chrysost. hom 36. in hanc epistolam Orig. l. 10. Theodor. in hunc locum How dangerous to favour a Pretender of a contrary reli Against Wisdom and Policy to prefer a Prince of a contrary Religion The conclusion of the whole Speech A protestation of the Lawyer Why they will not determin of any one Title The Book of Hales and Sir Nicholas Bacon The but of â—â—lâ—s his â—â—â—k 〈◊〉 Râ—â—son 〈…〉 The Book of M. Morgan and Judge Brown Answer to the I. Reason To the II. Reason Highinton's book George Lilly in fine Epit. chronic Anglic Sundry important Points Divers other Nots and Pamphlets Sir Richard Shelly Francis Peto A Treatise in the behalf of 〈◊〉 Infanta of Spain Discent of William the Conqueror The Children of the Conqueror Polid. l. 9. in fine Stow in vita Guliel The miseries of Duke Robert and his Son Stow in vit Gul. Conquest William Son of Duke Robert Belfor l 3. cap. 42. An. 1128. King William Rufus Tareagnotta l. 2. del Hist. del mondo K. Henry Polydor. in vita Henrici 1. The House of Britain by the elder Daughter of the Conqueror Belfor l. 3. Pag. 423. Conan Duke of Britain Poysoned by William the Conqueror Belâ—or l. 3. Cap. 12. Aâ— 1095. ex chronic dionis The Daugh of Spain â—re of the â—loud Royal of England The Houses of Bloys Why Stephen was admitted King of England Girard l. 6. Belfor l. 3. The Issue of K. Stephen K. Henry the II. Belfor l. 3. cap. 50. An. 1151. Geraâ—d l. 8 pag 549 King Henry II. his Issue Stow in vita Hen. King Richard Duke Geffrey Paradyn apud Belforest Belfor l. 3. cap. 71. An. 1203. Belfor l. 4. cap. 4. King John and his Issue Miseries that fell upon King John Poâ—i l. Hollâ—â—g 〈◊〉 Stow â—n vita Johannis The issue of King Henry II his Daâ—â—â—ters 〈◊〉 l. 3. c. â—9 〈◊〉 115â— The Issue of Lady Eleanor Queen of Spain Polyd. l. 15. in vit Johan Steph. Garib l. 12. cap. 31. Queen Berenguela Garibay l. 12. c. 52. Pretences of the Infanta of Spain to English French States K. Henry â—he 3. and his
deprived and put to death by the Souldiers of Rome at the request and common desire both of the People and Senate when he had reigned Six years and yet was but Twenty years of age when he was put down and his Death and Deprivation was approved by publick Act of the Senate who ordained also in his detestation That never Emperour after him should be called Antonius And so it was observed though no other Name had ever been more grateful before to the world for the remembrance of good Emperors that had been so called This man being chastized as is said there was preferred to the Empire in his room a goodly young man of his next Kindred named Alexander Severus Son to Mamonea which was Sister to Heliogabalus's Mother and being admitted by common consent both of the Senate People and Army he proved one of the rarest Princes for his Valour and Vertue that ever the Roman Empire had had so as the worthiness of Severus seemed to recompence fully the wickedness of Heliogabalus I might name divers other such Examples and among the rest that of Maxentius who being lawfully possessed of the Empire in Rome as it seemed for that he was Son to Maximinianus the Emperour that reigned with Dioclesian yet for his tyrannous Government that was intollerable it is supposed that the Senate not being able to match him in open strength sent privily into England and France to invite Constantine to come and do Justice upon him and so he did and he being drowned in the River of Tiber Constantine afterward surnamed the Great succeeded in the Empire and was the man that all men know and the first Emperour that publickly professed himself a Christian and planted our Faith over all the World And this of the Roman Empire And if ye will come lower down and nearer home we have yet another Example more remarkable than the rest which is The change of the Empire from the East to the West for the evil Government of Constantine the sixth who was Deposed first and his eyes put out by his own Mother Irene and the Empire Usurped by her But being not able to rule it in such order as was needful for so great a Monarchy though otherwise she was one of the rarest Women for Valour and Wisdom that ever the World had she was deprived thereof by the Sentence of Leo the third Pope of Rome and by consent of all the People and Senate of that City and Charles King of France and Germany afterward surnamed the Great was Crowned Emperour of the West and so hath that Succession remained unto this day and many worthy Men have succeeded therein and infinite Acts of Jurisdiction have been exercised by this Authority which were all Unjust and Tyrannical if this change of the Empire and Deposition of Irene and her Son for their evil Government had not been lawful It were too long to run over all other Kingdoms yet some I shall touch in such points as are most notorious The two famous changes that have been made of the Royal Line in France the first from the Race of Pharamond and Clodoveus to the Line of Pepin and the second from the Race of Pepin again to the Line of Hugo Capetus that endureth unto this day Whereon are they founded but upon the judicial Chastisement and Deposition of two evil Princes the first of Childrec the third lawful King of France who after he had reigned ten years was deposed by Zachary the Pope at the request of the whole Nobility and Clergy of France or rather his Deprivation was by them and confirmed by the Pope to whom they alledged this reason for their doing in that behalf as Girard putteth it down in his French Chronicles I mean the large and the Abreviation viz. That their Oath to Childeric was to honour serve obey maintain and defend him against all men as long as he was Just Religious Valiant Clement and would resist the Enemies of the Crown punish the wicked and conserve the good and defend the Christian Faith And for as much as these promises said they were conditional they ought not to hold or bind longer than they were reciprocally observed on both parts which seeing they were not of the part of Childeric they would not be any longer his Subjects and so desired Zachary to absolve them from their Oaths which he did and by this means Childeric was Deposed and put into a Monastry where he died and in his place Pepin was chosen and crowned King whose Posterity Reigned for many years after him and were such Noble Kings as all the World can testifie And so continued this Race of Pepin in the Royal Throne for almost two hundred years togeter until Hugo Capetus who was put into the same Authority of the Commonwealth and Charles of Lorrain last of the Race of Pepin for the evil satisfaction which the French Nation had of him was put by it and kept Prisoner during his Life in the Castle of Orleance And thus much all the French Histories affirm and to attribute to these changes the prosperity and greatness of their present Kingdom and Monarchy And thus much for France where many other Examples might be alledged as of King Lewis the third surnamed Fainant for that he was unprofitable and of Charles surname Le grot that succeeded him both of them deposed by the States of France And other the like of whom I shall have occasion to speak afterwards to another purpose But now if you please let us step over the Pyrenean Mountains and look into Spain where there will not fail us also divers Examples both before the oppression of that Realm by the Moors and also after For that before to wit in the year of Christ 630. we read of a lawful King named Flaveo Suintila put down and deprived both he and his Posterity in the fourth Council National of Toledo and one Sissinado confirmed in his place notwithstanding that Suintila was at the beginning of his Reign a very good King and much commended by St. Isodorus Archbishop of Sivil who yet in the said Counil was the first man that subscribed to his Deprivation After the entrance of the Moors also when Spain was reduced again to the Order and Government of Spanish Kings We read that about the year of Christ 1282. one Don Alonso the eleventh of that name King of Castile and Leone succeeded his Father Ferdinando sur-named the Sainct and himself obtained the sur-name of Sabio and Astrologo that is to say of Wise and of an Astrologer for his excellent Learning and peculiar Skill in that Art as may well appear by the Astronomy-Tables that at this day go under his name which are the most perfect and exact that ever were set forth by judgment of the Learned This Man for his evil Government and especially for Tirany used towards
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
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
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
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
crime Secondly they say that the House of York did enter only by violence and by infinite bloudshed and by wilful murthering not only of divers of the Nobility both Spiritual and Temporal but also of both King Henry the sixth himself and of Prince Edward his Son and by a certain popular and mutinous election of a certain few Souldiers in Smithfield at London and this was the entrance of the House of York to the Crown whereas King Henry the fourth first King of the House of Lancaster entred without bloudshed as hath been shewed being called home by the requests and letters of the people and Noblity and his election and admission to the Crown was orderly and authorized by general consent of Parliament in the doing thereof Thirdly they alledge that King Henry the sixth put down by the House of York was a good and holy King and had Reigned peaceably 40. years and never committed any act worthy deposition whereas King Richard the second had many ways deserved the same as himself came to acknowledge and thereupon made a personal solemn and publick resignation of the said Crown unto his Cousen Henry of Lancaster the which justified much the said Henry's entrance Fourthly they alledge that the House of Lancaster had been in possession of the Crown upon the point of 60â— years before the House of York did raise trouble unto them for the same in which time their Title was confirmed by many Parliaments Oaths approbations and publick Acts of the Commonwealth and by the Nobles Peers and people thereof and by the States both Spiritual and Temporal and with the consent of all foreign Nations so that if there had been any fault in their first entrance yet was this sufficient to authorize the same as we see it was in the title of King William the Conqueror and of his two Sons King William Rufus and King Henry the first that entred before their elder Brether and of King John that entred before his Nephew and of his Son King Henry the third that entred after his Fathers deprivation and after the election of Prince Lewis of France as also of Edward the third that entred by deposition of his own Father of all which Titles yet might there have been doubt made at the beginning but by time and durance of possession and by confirmation of the Commonwealth they were made lawful and without controversie Fifthly they say that if we consider the four King Henrys that have been of the House of Lancaster to wit the 4 5 6 and 7 and do compare them with the other four that have been of the House of York to wit Edward the fourth Richard the third Henry the eighth and Edward the sixth and all their acts both at home and abroad what quietness or troubles have passed and what the Commonwealth of England hath gotten or lost under each of them we shall find that God hath seemed to prosper and allow much more of those of Lancaster then of those of York for that under those of Lancaster the Realm hath enjoyed much more peace and gaining far greater honour and enlarged more the dominions of the Crown then under those of York and that it had done also much more if the seditions rebellions and troubles raised and brought in by the Princes of the House of York had not hindered the same as say these men it was evidently seen in the time of King Henry the sixth when their contention against the Princes of the House of Lancaster was the principal cause why all the English States in France were lost and what garboils and troubles at home have ensued afterwards and how infinite murthers and men slaughters with change of Nobility have been caused hereby and increased afterward under the Government and rule of the Princes of York needeth not say these men to be declared One thing only they note in particular which I will not omit and let it be the sixth note and that is that the Princes of York have not only been rigorous and very bloudy unto their adversaires but also among themselves and to their kindred which these men take to be a just punishment of God upon them And for proof hereof they alledge first the Testimony of Polydor who albeit he were a great advocate of the House of York as before hath been noted for that he lived and wrote his story under King Henry the eighth yet in one place he breaketh forth into these words of the Princes of this House Cum non haberent jam inimicos in quos saevitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine sâ—as pollure manus When these Princes now had brought to destruction all those of the House of Lancaster so as they had no more enemies upon whom to fill and satiate their cruelty then began they to exercise their fierceness upon themselves and to imbrew their hands with their own bloud Thus far Polydor. Secondly they do shew the same by the deeds of both sides for that the love union trust confidence faithfulness kindness and Loyalty of the Princes of Lancaster the one towards the other is singular and notorious as may appear by the acts and studious endeavours of the Lord Henry Bishop of Winchester and Cardinal and of the Lord Thomas Duke of Exceter and Marquis of Dorset Brothers of King Henry the fourth to whom and to his Children they were most faithful friendly and loyal as also by the noble proceedings of the Lords Thomas Duke of Clarence John Duke of Bedford and Humphry Duke of Glocester Sons of the forâ—said Henry the fourth and brothers of King Henry the fifth the first of which three gave his bloud in his service and the other two spent their whole lives in defence of the dignity of the English Crown the one as Regent of France the other as Protector of England by the worthy acts also and renowned faithfulness of the Dukes of Somerset Cousen-jeâ—â—ans to the said King Henry the fourth and to his Children and the proper Ancestors of King Henry the VII all which Dukes of Somerset of the House of Lancaster being five or six in number did not only as Polydor saith assist and help their Soveraign and the whole Realm Vigiliis curis periculis that is to say with watchfulness carâ—s and offering themselves to dangers but also four of them one after another to wit Edmond with his three Sons Henry Edmond and John whereof two successively after him were Dukes of Somerset and the Marquess of Dorset were all four I say as so many Maccabees slain in the defence of their Country and Family by the other faction of the House of York which thing say these men shewed evidently both a marvelous confidence that these men had in their quarrel as also a great blessing of God towards that Family that they had such love and union among themselves But now
which was not a little for the advancement of King Philip's Title before them both as presently shall be shewâ—d It was replied against this answer in the behalf of the Duke of Parma that the last King Sebastian entred the Crown by way of Representation and not by propinquity of Blood for that he was a degree further off in propinquity of Blood from King John the III. whom he succeeded than was the Cardinal for that he was but his Nephew to wit his Sons Son and the Cardinal was his Brother and yet was the said Sebastian admitted before the Cardinal for that he represented the Place and Right of his Father Prince John that dyed before he inherited and so we see that in this case Representation was admitted said they and in like manner ought it to be now To this it was said that Sebastian was not so much preferred before his great Uncle the Cardinal by vertue of Representation as for that he was of the right Descendant line of King John and the Cardinal was but of the collateral or transversal Line and that all Law alloweth that the right Line shall first be served and preferred before the Collateral shall be admitted so that hereby Representation is nothing furthered This exclusion of Representation did greatly further and advance the pretence of King Philip for the excluding of both these Ladies and their Issues for that supposing as this answer avoucheth that there is no Representation of Father or Mother or Predecessors to be admitted but that every pretender is to be considered only in his own person then it followeth said these men which plead for the King that King Philip being in equal degree of propinquity of Blood with the two Ladies in respect as well of King Henry yet living for that they were all three children of Brother and Sister it followeth that he was to be preferred before them both as well in respect that he was Man and they both Women as also for that he was elder in age and born before them both And albeit the Duke of Parma alledged that he was one degree further off from the foresaid Kings than was King Philip so as not respecting Representation of their Parents that is to say not considering at all that King Philip descended of a Woman and the two Dutchesses of a man but only especting their own persons as hath been declared these mâ—n avouched that King Philip's person was evidently to be preferred for that he was a degree nearer in Blood than the Duke of Parma and superior in sâ—x and age to the Lady Catharine of Bragansa Moreover the Lawyers of King Philip's side affirmed that he was nearer also in propinqâ—ity of blood to King Sebastian the last King than was the very King Cardinal himself and much more than any of the other two pretenders for that he was Brother to the said King Sebastian's Mother and the Cardinal was but Brother to his Grandfather And besides this they alledged that Portugal did belong to the Crown of Castil by divers other means of old as for that it could not be given away by Kings of Castil in Marriage of their Daughters as the principal parts thereof had been as also for that when King John the I that was a Bastard was made King of Portugal by Election of the People the Inheritance thereof did evidently appertain to King John of Castile that had to Wife the Lady Beatrix Daughter and Heir of Ferdinand King of Portugal from which Inheritance of that Crown by open injury both she and her Posterity whose Right is in King Philip at this day were debarred by the intrusion of the said John Master of Avis bastard brother of the foresaid King Ferdinand Thesâ— Reasons alledged divers Lawyers in the behalf of King Philip and those not only Spaniards but also of divers other Countries and Nations as my authors before-named do avow and many books wâ—â—â— written of this matter and when the contention was at the hotest then died the King Cardinal before he could decide the same controversy upon which occasion the King of Spain being perswaded that his Right was best and that he being a Monarch and under no temporal Judge was not bound to expect any other judgment in this Affair nor to subject himself to any other Tribunal but that he might by Force put himself in possession of that which he took to be his own if otherwise he could not have it delivered unto him for so write these Authors by me named seeing also Don Antonio to pretend the said Kingdom by only Favour of some popular party that he had in Lisbon the said King Philip entred upon Portugal by Force of Arms as all the World knoweth and holdeth the same peaceably unto the day And I have been the longer in setting down this contention about the Succession to the Crown of Portugal for that it includeth also the very same pretence and contention for the Crown of England For that all these Princes before-named may in like manner pretend the Succession of that Interest to the House of Lancaster and by that to the Crown of England which doth descend from Queen Philippa eldest Daughter of John of Gaunt Duke of Lancaster and Sister of King Henry the IV. as hath largely been declared And albeit that some men will sâ—y that this matter is now decided which of these Princes of the House of Portugal entreth also thereby to the other Right of Succession of England yet others will say no for that the Laws of Succession in Portugal and England be different For that in England Representation taketh places so as the children of the Son â—hough they be Women shall never be preferred before the Children of the Daughter though they be Men whereof these men do infer that seeing the Lady Philips Right before-mentioned to the Dukedom of Lancaster and thereby also to the Crown of England is to be preferred according to the Laws of England and not by the Laws of other Foreign Countries it followeth that the self same Right of Succession that is pretended at this day by the Princes of Portugal for succeeding the said Lady Philippa should be determined only by the Laws of England where Representation taketh place and not by the Laws of any other Nation Thus say they But against this others do alledge that the question is not here by what Law this pretence of the Blood Royal of Portugal to the Crown of England is to be tried but rather who is the true and next Heir and Successor unto King John the I. and to his Wife Queen Lady Philippa Heir of the House of Lancaster which two Princes were King and Queen of Portugal and their true Heir at this day hath the forenamed pretence to the Crown of England true and next Hâ—â—r being once known it little importeth by what Lâ—w he pretendeth his said Right to England whether by that of England or by
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.