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

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to Stephen countie Palatine of Bloys Champagne and Chartres in France and the other two Polidor saith dyed before they were marryed and so their names vvere not recorded These are the children of king William the Conqueror among whom after his death ther vvas much strife about the succession For first his eldest sonne duke Robert vvho by order of ancestrie by birthe should haue succeded him in al his estares was put back first from the kingdome of Ingland by his third brother William Rufus vppon a pretence of the Conquerors vvil and testament for perticuler affection that he had to this his said third sonne William though as Stow writeth almost al the nobility of Inglande vvere against Williās entrance But in the end agreement vvas made between the two brothers vvithe condition that if William should dye vvithout issue then that Robert should succed him and to this accord both the princes themselues and twelue principal peeres of ech side vvere sworne but yet after when VVilliam dyed vvithout issue this vvas not obserued but Henry the fourth sonne entred and depriued Robert not only of this his succession to Ingland but also of his dukedome of Normandie that he had enioyed peaceably before al the tyme of his brother Rufus and moreouer he toke him prisoner so caryed him into Ingland and ther kept him vntil his death which happened in the castle of Cardif in the yeare 1134. And vvhereas this Duke Robert had a goodly prince to this sonne named VVilliam who vvas duke of Normandy by his father earle of Flanders in the right of his grand mother that was the Cōquerors wife daughter of Baldwin Earle of Flanders as hath bin said and vvas established in both these states by the help of Lewys the 6. surnamed le gros king of France and admitted to do homage to hym for the saide states his vncle king Henry of Englād was so violent against him as first he draue him out of the state of Normandy and secondly he set vp and maynteyned a competitor or two against him in Flanders by whome finally he was slaine in the yeare of Christ 1128. before the towne of Alost by an arrow after he had gotten the vppet hand in the feild and so ended the race of the first sonne of king William the Conqueror to wit of duke Robert vvhich Robert liued after the death of his saide sonne and heyre duke VVilliam six yeares in prison in the castel of Cardife and pyned avvay vvith sorrow and miserie as both the Frenche and Inglishe histories do agree The second sonne of the Conqueror named Richard dyed as before hath bin sayde in his fathers tyme and left no issue at al as did neither the third sōne Williā Rufus though he reigned 13. yeares after his father the Conqueror in which tyme he established the successiō of the crowne by consent of the stares of Ingland to his elder brother duke Roberts issue as hath bin saide though afterward it was not obserued This Kinge Rufus came to the crowne principally by the help and fauour of Lanfrancus Archbishop of Canterbury who greatly repēted himselfe afterward of the error vvhich in that point he had committed vppō hope of his good gouerment which proued extreeme euel But this king William Rufus being slayne afterward by the error of a crosbow in newforest as is vvel knowne and this at such tyme as the foresaid duke Robert his elder brother to vvhom the crowne by succession apparteyned was absent in the vvarr of the holy land vvher according as most authors do vvrit he vvas chosen king of Hierusalem but refused it vppon hope of the kingdome of Ingland But he returning home foūde that his fowerth brother Henry partly by fayre promises and partly by force had inuaded the crowne in the yeare 1100. and so he reygned 35. yeares and had issue diuers sonnes and daughters but al vvere either drowned in the seas comming out of Normandie or els dyed otherwise before their father except only Mathildis vvho vvas first marryed to Henry the Emperor fift of that name and after his death without issue to Geffrey Platagenet duke of Anjow Tourayne and Mayne in France by whom she had Henry which reigned after king Stephen by the name of Henry the second and thus much of the sonnes of William the Conqueror Of his two daughters that lyued to be maryed and had issue the elder named Constance vvas maryed to Alayn fergat duke of Britanie vvho vvas sonne to Hoel earle of Nantes and vvas made duke of Britanie by VVilliam Cōquerors meanes in manner following Duke Robert of Normandy father to the Conqueror vvhen he went in pilgrimage vnto the holy land in which voyage he dyed left for gouernour of Normandy vnder the protection of king Henry the first of france duke Alayne the first of Britanie vvhich Allayn had issue Conan the first vvho being a stirringe prince of about 24. yeares old when duke VVilliam began to treat of passing ouer into Ingland he shewed himselfe not to fauour much that enterprise which duke VVilliam fearing caused him to be poysoned vvith a payre of perfumed gloues as the French stories do report and caused to be set vp in his place and made duke one Hoel earle of Nantes who to gratifie VVilliam sent his sonne Alaine surnamed Fergant with 5000. souldiars to passe ouer into Ingland vvith him and so he did VVilliam afterward in recompēce heer-of gaue him his eldest daughter Constantia in mariage vvith the earldome of Richmond by vvhom he had issue Conan the second surnamed le gros who had issue a sonne and a daughter The sonne vvas called Hoel as his grand father was and the daughters name was Bertha marryed to Eudo Earle of 〈◊〉 in Normandy for that this duke Conan liked better his daughter and his sonne in law her husband then he did Hoel his owne sonne he disauowed him in his death bedde and made his said daughter his heyre who had by the said Eudo a sonne named Conan surnamed the yonger which vvas the third duke of that name and this man had one only daughter and heyre named Lady Constance who whas marryed to the third sonne of king Henry the second named Geffrey elder brother to king Ihon that after came to rayne by this Lord Geffrey she had issue Arthur the second duke of Britanie whom king Iohn his vncle put back from the crowne of Ingland and caused to be put to death as after shal be shewed and he dying without issue his mother Constance duchesse heyre of Britanie marryed agayne vvith a prince of her owne house vvhom after vve shall name in the prosecution of this lyne and by him she had issue that hath indured vntil this day the last vvherof hitherto is the lady Isabella infanta of Spaine that other of Sauoy her sister whom by this meanes we se to haue
France and her father the king of spaine should be better able to defend and recouer his or her right to the crowne of Ingland then Eleanor his owne sister should be who vvas also in the handes of his said vncle for that he supposed that she also should be made away by him shortly after as in deede the french chronicle affirmeth that she vvas and howsoeuer this matter of duke Arthurs testament were yet certaine it is that vvhen he and his sister vvere put to death the next in kynne that could succeede them in their right to Ingland vvas this lady Blanch and her mother Queene Elenor that was sister to Arthurs father Geffrey duke of Britanie For that king Iohn their vncle was presumed by al men to be vncapable of their inheritance by his putting of them to death and child yet he had none and this is the second pointe that these men do deduce for the lady Infanta of Spayne by the title of Queence Eleanor and her daughter Blanch to whom the Infanta is next heyre A third interest also the same men do deriue to the Infanta by the actual deposition of king Iohn by the Barons and states of his Realme in the 16. yeare of his reigne and by the election and actual admission of Lewis prince of Frāce husband of the foresaid lady Blanch whom they chose with one consent and admitted and swore him fealtic and obedience in London for him and for his heyres and posteritie in the yeare 1217. and gaue him possession of the said citie and Tower of London and of many other cheefe places of the realme albeit afterwatd the most parte of the realme chainged their myndes agayne vppon the suddaine death of the said king Iohn and chose and admitted his yong sonne Henry the third a child of nync yeares old yet do the fauourers of the Infanta say that their remayneth to her as heyre vnto the said Lewis vntil this day that interest which by this election oth and admission of the realme remained vnto this prince Lewis which these men affirme to be the very like case as was that of Hugo Capetus in France who came to be king especially vppon a certayne title that one of his ancestors named Odo earle of Parris had by being once elected king of France and admitted and sworne though afterward he were deposed agayne and yong Charles surnamed the simple was admitted in his place as Henry the third was in England after the election of this Lewis But yet as the other continued euer his right and clayme vntil it was restored to Hugo Capetus one of his race so say these men may this Infanta cōtinew and renew now the demaund of this right of king Lewis her ancester for that titles and interestes to kingdomes once rightly gotten do neuer dye but remaine euer for the posterity to effectuate when they can thus much of this matter But after this againe these men do shew how that the said Infanta of Spayne doth discende also from Henry the third sonne of king Iohn by the dukes of Britanie as before in the secōd chapter hath bin declared and in the arbor and genealogie following in the end of this conference shal be seene for that king Henry besides his two sonnes Edward and Edmond which were the beginners of the two houses of Yorke and Lancaster had also a daughter named Lady Beatrix married to Iohn the second of that name duke of Britanie and by him she had Arthur the second and so lineally from him haue descended the princes of that house vntil theire vnion with the crowne of France and from thence vnto this lady Infanta of Spayne that now is who taketh herselfe for proper heyre of the said house of Britanie and heyre general of France as hath bin said By this third coniunction then of the house of Britanie with the blood royal of Ingland the frendes of the Infanta do argue in this manner that seing she discendeth of the sister of these two brothers which were the heades of the two opposite houses of Lancaster and Yorke and considering that each of these houses hath oftentymes bin attainted excluded from the succession by sondry actes of parlament and at this present are opposite and at contention among themselues why may not this right of both houses say these men by way of composition peace and comprimise at least be passed ouer to the issue of their sister vvhich resteth in the Infanta Agayne they saye that al these three branches of the lines of Inglish kings to wit by the lady Constance daughter of king William Conqueror by the lady Elenor daughter of king Henry the second and by the lady Beatrix daughter of king Henry the third it is euidēt that this lady the infanta of Spaine is of the true and ancient blood royal of Ingland and that diuers wayes she may haue clayme to the same vvhich being graunted they inferr that seing matters are so doubtful at this day about the next lawful succession and that diuers of the pretendores are excluded some for bastardie some other for religion some for vnaptnes to gouerne and some for other causes seing the common wealth hath such authoritie to dispose in this affaire as before the Ciuil lawyer hath declared why may there not consideration be had among other pretenders of this noble princesse also saie these men especially seing she is vnmarried and may therby cōmodate many matters and salue many breaches satisfie many hopes and giue contentment to many desires as the vvorld knoweth And this is in effect as much as I haue hard alleaged hitherto in fauour of the Infanta of Spayne but against this pretence others do produce diuers arguments and obiections as first of al that these her clayme 's be very old and vvorne out and are but collateral by sisters Secondly that she is a stranger and allien borne Thirdly that her religion is cōtrary to the state vnto al which obiections the fauourers aforesaid do make their answeres and to the first they say that antiquity hutteth not the goodnes of a title vvhen occasion is offred to aduāce the same especially in titles apperteyning to kingdomes which commonly are neuer presumed to dye as hath bin said and nullum tempus occurrit Regi saith our law And as for collateral lines they say that they may lawfully be admitted to enter when the direct lynes do eyther fayle or are to be excluded for other iust respects as in our case they hold that it happeneth And as for the second pointe of forraine birth they saye there hath bin sufficient answered before in treating of the house of Scotland that in rigor it is no barr by intention of any Inglish law yet whether in reasō of state politique gouerment it may be a iust impedimēt or no it shal after be handled more al large vvhen we come to treat of the house of Portugal
at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther be no question of her next propinquity for that she is the eldest child of the last kings eldest sister The like exclusion is made agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of
discended from king VVilliam the Cōqueror by his eldest daughter lady Cōstance as also by diuers other participations of the blood royal of Ingland as aftervvards vvil appeare Now then to come to the second daughter of king VVilliam the Conqueror or rather the third for that the first of al vvas a Nonne as before hath byn noted her name vvas Adela or Alis as hath bin saide and she vvas marryed in France to Stephen counte Palatin of Champagne Charters and Bloys by whom she had a sonne called also Stephen vvho by his grand mother was earle also of Bollayne in Picardie and after the death of his vncle king Henry of Ingland vvas by the fauour of the Inglish nobility and especially by the helpe of his owne brother the Lord Henry of Bloys that vvas Bishop of Winchester and iointly Abbot of Glastenbury made kinge of England and this both in respect that Mathilda daughter of king Henry the first was a woman and her sonne Henry duke of Anjou a very childe one degree farther of from the Conqueror and from kings Rufus then Stephen vvas as also for that this king Henry the first as hath bin signified before vvas iudged by many to haue entred vvrongfully vnto the crowne and therby to haue made both himselfe and his posterity incapable of succession by the violence vvhich he vsed against both his elder brother Robart and his nephew duke VVilliam that vvas sonne and heyte to Robert vvho by nature and law were bothe of them held for soueraintes to Iohn by those that fauored them and their pretentions But yet howsoeuer this were we see that the duke of Britany that liued at that day should euidently haue succeded before Stephen for that he was discended of the elder daughter of the Conqueror and Stephen of the yonger though Stephen by the commodity he had of the neernes of his porte and hauen of Bullayne vnto Ingland as the French stories do saye for Calys vvas of no importance at that tyme and by the frendship and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry and especially by the help of his brother the Bishop and Abbot as hath bin said he gat the start of al the rest and the states of Ingland admitted him This man although he had two sonnes namely Eustachius duke of Normandy and William earle of Norfolk yet left they no issue And his daughter Marie was maried to mathew of Fladers of whom if any issue remaines it fell afterward vppon the house of Austria that succeded in those states To king Stephen who left no issue succeded by compositiō after much warre Henry duke of Aniou sonne and heyre to Mathilda before named daughter of Henry the first which Henry named afterward the second tooke to wife Elenor daughter and heyre of VVilliam duke of Aquitaine earle of Poytiers which Elenor had bin marryed before to the king of France Lewis the 7. and bare him two daughters but vppon dislike conceaued by the one against the other they were deuorced vnder pretēce of being within the fowerth degree of consanguinitye and so by second marriage Elenor vvas vvife to this said Henry who afterward was king of Ingland by name of K. Henry the fecōd that procured the deathe of Thomas Becket archebishope of Canterbury and vvas both before and after the greatest enimye that euer Lewis the king of France had in the vvorld and much the greater for his marriage by vvhich Henry vvas made far stronger for by this woman he came to be duke of al Aquitaine that is of Gascony and Guyene and earle of al the coūtrey of Poytiers wheras beforealso by his fathers inheritance he vvas duke both of Anjou Tourayne and Mayne by his mother Mathilda king Henries daughter of Ingland he came to be king of Ingland duke of Normandie and by his owne industry he gat also to be lord of Ireland as also to bring Scotland vnder his homage so as he enlarged the kingdome of Ingland most of any other king before or after him This king Henry the second as Stow reconteth had by Lady Elenor fyue sonnes and three daughters His eldest sonne vvas named VVilliam that dyed yonge his seconde vvas Henry vvhom he caused to be crowned in his owne life tyme vvherby he receaued much trouble but in the end this sonne died before his father without issue His third sonne vvas Richard surnamed for his valour Cor de leon who reigned after his father by the name of Richard the first and died vvithout issue in the yeare of Christ 1199. Hys fovverth sonne named Geffrey maried lady Constance daughter and heyre of Britanie as before hath bin said and dying left a sonne by her named Arthur which vvas duke of Britanie after him and pretended also to be king of Ingland but vvas put by it by his vncle Iohn that tooke him also prisoner and kept him so in the castel first of fallaise in Normandie and then in Roan vntil he caused him to be put to death or slew him vvith his owne hands as Frēch stories vvrite in the yeare 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 fynde but one named by the french stories which vvas Elenor whom they saye king Iohn also caused to be muthered in Ingland a a litle before her brother the duke vvas put to death in Normandie and this was the end of the issue of Geffrey whose vvife Constance duchesse of Britanie marryed againe after this murther of her children vnto one Guy Vicond of Touars and had by him two daughters wherof the eldest named Alis was duchefse of Britanie by vvhome the race hath bin continued vnto our tyme. The fift sonne of king Henry the second was named Iohn who after the death of his brother Richard by help of his mother Elenor and of Hubert Archbishop of Canterbury drawen therunto by his said mother gat to be king and put back his nephew Arthur vvhom king Richard before his departure to the war of the holy land had caused to be declared heyre apparent but Iohn preuayled and made away both nephew and Neece as before hath bin saide for which fact he vvas detested of many in the world abroade and in France by acte of parlament depriued of al the states he had in those partes Soone after also the pope gaue sentence of depriuation against him and his owne barons tooke armes to execute the sentence and finally they deposed both him and his yong sonne Henry being then but a child of 8. yeares old and this in the 18. yeare of his reigne and in the yeare of Christ 1215. and Levvis the 8. of that name prince at that tyme but afterward king of France was chosen king of Ingland sworne in Londō and