He took Possession of the Kingdom He succeeded He was chosen c. The Danish Kings stayed not long here after Swane had conquered the Kingdom they all four reigned not much above twenty five Years their best Title was the Sword notwithstanding they either brought hither the Custom of the Predecessor naming or giving the Kingdom to his Successor as probably it might have been practised in their own Kingdoms or used it as they found it here practised by the Saxon Kings The Saxons were very weary of the Danish Government and without doubt very forward to set up a King of their own Nation yet the Donation of Harde-Cnute was as great a step for Edward the Consessor to the Throne as the Power and Policy of Earl Godwin and Livingus the Bishop of Worcester Ingulph Secretary to William when Duke of Normandy reports the Donation of England to him very confidently and as if in those times such Gifts were not much questioned Anno eodem Rex Edward senio jam gravatus cernens Clisonis Edwardi nuper defuncti filium Edgarum Regio so lio minus idoneum tarn corde quam corpore Godwini que Comitis multam malamque sobolem quotidie super terram crescere ad cognatum suum Willielmum Comitem Normaniae animum apposuit c. eum sibi succedere in Regnum Angliae voce stabili savivit In the same Year King Edward grown infirm witli Age perceiving Edgar the Son of the late deceased Edward Aetheling neither in Mind or Body fit for the Government nor to bear up against the growing Power and Malice of Godwin's Sons thought upon his Cousin William Earl of Normandy and by a firm Declaration decreed he should succeed him in the Kingdom Norman Succession FRom what hath been said the Pretences and Causes of William Duke of Normandy his succeeding Edward the Confessor and enjoying the Crown of England are very evident as also are the same to his Dukedom He was the only Son of his Father Robert who going on Pilgrimage to Jerusalem called together the Noble-men of his Dukedom and brought his Son William though Illegitimate before them and earnestly exacted of them that in his stead they would chuse him their Lord who though but a Child they forthwith according to the Decree of the Duke acknowledged him for their Prince and Lord swearing Fealty unto him Robertum ergo Archiepiscopum cum optimatibus suis Duc atus accersivit illis velle se appetere Jerosolimitanam pergrinationem manifestavit exponens autem eis Willielmus filium suum quem unicum apud Falesiam genuerat ab iis attentissime exigebat ut hinc sibi loco sui dum eligerent Qui licet sub tenerrima detineretur oetati puerili juxta Decretum Ducis protinus cum prompta viracitate collaudavere principem Dominum pangentes ti fidelitatem non violandis Sacramentis And R. Hoveden affirms it to have been the custom in Norway from whence the Normans came for Bastards to inherit and that in his time it was so Consuetudo Regni Norweiae est usque in hodiernum diem quod is qui alicujus Regis Norweiae dignoscitur esse filius licet sit spurius de ancilla genitus tantum sibi jus vendicat in Regnum gentitus ideo fiunt inter eos proelia indesinenter donec unus eorum vincatur interficiatur And so it happened between the Curators of Duke William in his Nonage and the Pretenders as Heirs to his Grandfather of the Dutchy of Normandy The same Right of Succession as Testamentary Heir to his Father William Rufus had to the Crown of England Metuens Rex ne in Regno tam diffuso repentina oriretur turbatio epistolam de constituendo Rege fecit Lanfranco Archiepiscopo suoque sigillo signatam tradidit Gulielmo Rufo silio suo jubens ut in Angliam transfretaret continuo This was done a little before the Conqueror's Death and he did it for that his Son William always stuck close to him and had in every thing according to the utmost of his power been dutiful and obedient Rufus brought his Father's Epistle by which he had constituted him King of England to Lanfranc Arch-Bishop of Canterbury who having read it hasted with him to London and consecrated him King in the old Church of St. Peter at Westminster on the 26th of September his Father dying the 9th of the same Month Willielmus Willielmi filius saith Malmsbury a patre ultima valetudine decumbente in Successorem adoptatus est accessit favori ejus maximum rerum momentum Archiepiscopus Lansrancus eo quod eum nutrierat militem fecerat quo Authore annitente Die Sanctorum Cosinae Damianae Coronatus est That is William the Son of Willaim was by his Father in his last Sickness adopted his Successor but it was matter of great moment and the greatest Addition to his Success that Arch-Bishop Lanfranc had educated him and made him a Knight by whose Authority and Endeavour he was Crowned on the day of Cesina and Damianus Florence of Worcester who only says that he was consecrated King at Westminster by Arch-Bishop Laufranc hath noted that not long atter his Coronation there arose great Discord and Contention between the chief Men of England for part of the Great and Noble Normans favoured King William but it was the least and the other part of them favoured Robert Duke of Normandy which was the greatest Odo who mortally hated Lanfranc headed the Duke's Party and Lanfranc headed the King's who with the King Congregatio quantum ad presens poterat Normanorum sed tamen maxime Anglorum equestri pedestri licet mediocri exercitu c. Having raised such an Army as he could of Horse and Foot of Normans but the grratest part English though but a mean one and by using the common Bait of Liberty declaring he would relax the rigid Laws give free leave of Hunting c. Also by insinuating into Roger Earl of Arundel and Shrewsbury the chief Person for the Duke next unto Odo Bishop of Baieux and Earl of Kent brought him off to his Party By these means he brake the Force of his Enemies and ever after ruled by an Army More of this story may be seen in Eadmer Ord. Vit. f. 666. c. Florence of Worcester and Malmsbury in the places before cited who all lived at the time Here we see Rufus claimed as Testamentary Heir and by reason of that Claim was advanced to the Throne by the Assistance of Lanfranc's and the Bishops Faction who then swayed the People and ruled by the help of an Army ever after Whoever rightly considers this story cannot call it an Election After the death of Rufus Florence of Worcester only says that Henry his third Brother succeeded him and that the day he was crowned by Maurice Bishop of London he gave great Liberties to the Church and Kingdom and
commanded that King Edward's Laws should be observed with such Amendments as his Father had amended them And further says that very many great Men sent for Duke Robert over and promised him the Crown and Kingdom and coming they did some of them adhere to him and others dissembling their Kindness and Affection stayed with King William until they had an opportunity of shewing it But the Bishops the Common Soldiers and English stuck close to King Henry by whose means he raised a very great Army and were ready to fight for him when they came to an Agreement by the Mediation of the wise Men of both Parties Eadmer tells us that most of the great Men either did or were ready to revolt from King Henry but Anselm Arch-Bishop of Canterbury who had given him great Assistance in raising his Army upon great Promises made that all the Church-Affairs should be left to his direction and disposing and that he would for ever after obey the Decrees and Commands of the Pope procured the great Men to assemble and then so wheedled and cajoled them and their Army that he altered theit Intentions And it was from his Fidelity and Industry that Henry lost not the Kingdom This King Henry was a plain right down Usurper he had no pretence of Donation no Testamentary Right from his Father and therefore as Malmsbury shews us more particularly he was advanced by a Faction there being only five great Men Robert Fitz-Haymon Richard de Redvers Roger Bigot Henry Earl of Warwick and Robert Earl of Mellent his Brother all Normans that favoured him and by the contrivance of Henry Earl of Warwick he was elected King All others sent privately to Duke Robert to come and be their King or openly reproached Henry This was an excellent Election made by a Faction and an Army and perhaps with a bawling multitude after them and indeed there could be no other Election than such an one as this for Rufus was slain in New Forest on the 2d of August being Thursday and Henry was Crowned on the 5th of August being Sunday So that it was impossible for all that were or ought to be concerned in such an Election all the Kingdom over to have notice meet and dispatch that Business in two days time These Historians lived at the very time these things were done It is true he says in his own Charter That he was Crowned King by the Common Council of the Barons of England Sciatis me misericordia Dei Communi Concilio Baronum Regni Angliae ejusdem Regni Regem Coronatum esse And he must say this or nothing for no other Pretence or Title he could have and there never was any other Usurper in his Circumstances but must say so or some other thing to make out a Title King Stephen in his Charter of Liberties says He was elected A Clero Populo King John in his Charter of Fees of the Seal affirmed himself right Heir to the Crown when Arthur Duke of Britain and his Sister Eleanor Son and Daughter to his Elder Brother Jeffrey were then living and they were both vain Affirmations as will appear in their several stories Some later Historians than these as Matthew Paris who wrote above an hundred Years after them Mat. Westminster and Hen. de Knighton and Brompton who wrote at least two hundred and fifty Years after them all say he was elected But only Knighton amongst them all tells us the most considerable reason why Robert his elder Brother was rejected Robertus says he semper contrarius adeo innaturalis extiterat Baronibus Regni Angliae quod plenario consensu consilio totius Communitatis Regni IMPOSUERUNT EI ILLEGITIMITATEM QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS UNDE UNANIMI assensu suo ipsum refutaverunt pro rege omnino recusaverunt Hen. frem in Regem erexerunt Robert was always averse and so harsh to the Barons of England that they by full Consent and Advice voted him Illegitimate because he was not begotten lawfully by William the Conqueror and for that reason by unanimous Assent they refused him and set up Henry his Brother to be their King From this Passage of Knighton we see the Community or Baronage of all England fixed the Right of Succession in the Legitimate Right of Blood and therefore this King his two elder Brothers being dead without Issue desired to secure the Succession unto his Lawful Issue by Right of Blood To that end all Freemen of England and Normandy of what Order and Dignity soever and of whatsoever Lord they held or were Fendataries to were forced to do Homage and swear Fealty to his Son William then but twelve Years old And in the twenty seventh of his Reign he caused all the great Men of England after the death of his Sons William and Richard to recognize Maud the Empress his Daughter Queen to whom the only Lawful Succession was due from her Grandfather Uncle and Father that were Kings and from her Mother many Generations In the thirty first of King Henry he and his Daughter coming into England at a great Meeting of the Nobility or Parliament at Northampton those which before had sworn Fealty renewed their Oaths to her and those which had not done it before then did it Paris tells us that the Clergy and Great or Noble Men made Conditions with Henry who promised them what is before related and in that gave them satisfaction But as all Usurpers ever did so he changed his Mind and his Canting Speech had no other effects than to enslave them for with a seared and cahterized Conscience he had obtained the Kingdom and usurped upon his Brother Robert who had manifest Right impudently violating the Laws and Promises by which he had drawn in all Men to serve him and afterward taking him Prisoner caused his Eyes to be pulled out and kept him in Prison twenty four Years until he died King Henry having thus provided for the Security of his Daughter Maud being asked in his Sickness by Robert Duke of Gloucester and the Noble Men that then were with him about a Successor Filiae omnem terram suam citra ultra mate Legitima perenni successione adjucavit Adjudged his Daughter his Lawful Successor in all his Territories Radulphus de Diceto Dean of Saint Paul's who died Anno Dom. 1210. says that Hath Bigot Steward of the King's Houshold made speed out of Normandy where the King died into England and made Oath before the Arch-Bishop of Canterbury that King Henry upon his Death-bed upon some differences which happened between him and his Daughter the Empress did dis-inherit her and made Stephen Earl of Boloign his Heir Whereupon William Arch-Bishop of Canterbury giving too much credit to the words of the Steward consecratcd Stephen Earl of Mortaigne King at Westminster If this story
his Heirs and if he should die without Issue Vt reciperent Comitem Johannem fratrem Richardi Regis in Regem Dominum That they would receive Earl John the Brother of King Richard for their King and Lord and swore Fealty to him against all Men saving their Fealty to his Brother King Richard Two Years afterward confederating with the King of France against his Brother and being assisted by him he returned into England and brought many Strangers with him and coming to London demanded the Kingdom of the Arch-Bishop of Roven who was then Justiciary and the other Justiciaries of England Fidelitates Hominum Angliae affirming the King of England his Brother was dead But not believing him they and the other great Men of the Kingdom rejected him Then swelling with Fury he fortified his Castles and places of Strength and seized the Crown-Lands Many came in unto him but being deceived they were punished according to their deserts And for these and other Treasons committed the Year following as combining with the King of France and offering great Sums of Money to the Emperor to keep King Richard in Prison and making new Disturbances in the Nation Per Commune Consilium Regni Definitum est quod Comes Johannes dissaifiretur de omnibus Tenementis suis in Anglia By the Common Council of the Kingdom it was decreed he should be disseized of all he held of the King in England And presently all his Castles were besieged and taken from him Yet for all this the next Year King Richard pardoned his Brother John and restored to him the Earldom of Moreton or Mortaigne the Honour of Eye and Earldom of Glocester except the Castles and for his other Earldoms and Lands allowed him Yearly eight thousand Pounds of Anjou-Money And in the last Year of his Reign Cum Rex de vita desperaret divisit Johanni fratri suo Regnum Angliae omnes alias terras suas fecit fieri praedicto Johanni fidelitates ab illis qui aderant praecepit ut traderentur ei Castella sua tres partes Thesauris sui When the King despaired of Life he devised to his Brother John the Kingdom of England and all other his Lands and made all present swear Fealty to him and commanded that his Castles and three parts of his Treasure should be delivered to him Richard being dead John stayed in Normandy where by Walter Arch-Bishop of Roven he was girt with the Sword of that Dutchy April 25. on St. Mark 's Day and sent Hubert Arch-Bishop of Canterbury and the Pope's Legat and William Marshal Earl of Strigvil into England to keep the Peace together with Jeffrey Fitz-Peter Justitiary of England and other Barons of the Kingdom Qui fecerunt homines regni tam de Civitatibus quem de Burgis Comites Barones libere tenentes jurare fidelitatem pacem Johanni Normannorum Duci filii Henrici Regis filii Matildis Imperatricis contra omnes homines Who made the Homagers of England as well of Cities as Burroughs and Earls Barons and free Tenants to swear Fealty and Peace to John Duke of Normandy the Son of King Henry the Son of Maud the Empress against all Men. Notwithstanding this all the Bishops Earls and Barons which had Castles Manned Victualled and stored them with Arms. But Hubert the Arch-Bishops William Marshal and Jeffrey Fitz-Peter Justiciary of England met at Northampton and called before them those which they most doubted David Brother to the King of Scots Richard Earl of Clare Ranulph Earl of Chester William Earl of Tutesbury and Walran Earl of Warwick Roger Constable of Chester William de Mowbray and many other Earls and Barons to whom they promised and engaged that John Duke of Normandy should restore to every Man his Right if they would keep Faith and Peace with him Súb hac igitur Conventione supradicti Comites c. According to this Agreement the said Earls and Barons swore Fealty and faithful Service to John Duke of Normandy against all Men. This was done while he was in Normandy On the 25th of May following Duke John crossed the Seas from Normandy into England and the next day came to London and there were convened in Expectation of him Hubert Arch-Bishop of Canterbury John Arch-Bishop of Dublin William Bishop of London Gilbert of Rochester John of Norwich Hugh of Lincoln Eustace of Ely Godfrid of Winchester Henry of Exeter Sefrid of Chichester Jeffrey of Coventry Savaric of Bath Herbert of Salisbury Philip of Durham Roger of St. Andrews in Scotland Henry of Landaff Bishops Robert Earl of Leicester Richard Earl of Glare William of Tutesbury Hamelin de Warenn William of Salisbury William de Strigvil Walran of Warwick Roger Bigot William de Arundell Ranulph de Cestre Earls and many Barons And then Hubert Arch-Bishop of Canterbury Consecrated and Crowned the said John Duke of Normandy King of England in the Church of St. Peter at Westminster on the 27th of May being Ascension Day Not one word here of any Election by but only a Submission from the Barons Spiritual and Temporal to King John and a Recognition that he was their King And all this related by Hoveden in all probability an Eye-witness of this Translation Indeed Matthew Paris who died Anno Dom. 1259. was then either unborn or so young as not with Judgment to take sufficient notice of this Affair relates it thus Congregatis in adventu ejus Archiepiscopis Episcopis Comitibus Baronibus atque aliis omnibus qui ejus Coronationi interesse debuerant Archiepiscopus stans in medio omnium dixit audite universi noverit discretio vestra quod nullus proevia ratione alii succedere habet Regnum nisi ab universitate Regni unanimiter invocata Spiritus Gratia electus secundum morum suorum eminentiam praeelectus ad exemplum fimilitudinis Saul primi Regis inuncti quem praeposuit Dominus populo suo non Regis filium nec de Regali stirpe procreatum similiter post eum David Jesse silium Hunc quia strenuum aptum Dignitati Regiae illum quia sanctum humilem ut sic qui cunctos in regno supereminet strenuitate omnibus praefit potestate regimine verum si quis ex stirpe Regis defuncti aliis prepolleret pronius promptius in electionem ejus est consentiendum Haec idcirco diximus pro inclyto Comite Johanne qui praesens est frater illustrissimi nameri Richardi jam defuncti qui haerede caruit ab eo egrediente qui providus strenuus manifeste nobilis quem nos invocata Spiritus Sancti Gratia ratione tam meritorum quom Sanguinis Regii unanimiter elegimus universi nec ausi erant alii super his adhuc ambigere scientes quod Archiepiscopus sine causa hoc non sic diffiniverat verum Comes Johannes omnes hoc
of King Aelfred by Pact and Bargain between him and Guthrum enjoyed East-Saxony or Essex and the Country of the East-Angles and a far greater part of this Nation as many think And in this King Ethelred's Reign Swane King of Denmark with a great Army invaded and made himself Master of the whole Nation forcing Ethelred and his Wife Emmy Sister to Richard second Duke of Normandy with their two Sons Edward and Alfred into that Country But Ethelred had a former Wife Elgive Daughter of Duke Thored By her he had many Sons of whom Edmond called Ironside being the third Aethelstan and Egbert dying without Issue by the Election of the Londoners and West-Saxons succeeded his Father in the Kingdom Florence of Worcester says again after the death of Ethelred the Bishops Abbots Duces quicque Nobiles Angliae met and chose Cnute the Son of Swane but the Londoners and that part of the Nobility which was with them by one consent made Edmund King After several Battels fought for the Sovereignty of the Kingdom between these two Pretenders and their Adherents being weary on both sides they were persuaded to part the Kingdom between them which was done But not long after Edmund died at London The Arch-Traytor Edric after he had caused Edmund's Brother Edwy to be murdered advised Cnute to kill his two Sons also Edward and Edmund But he thinking it a great scandal and disgrace to him that they should be killed in England sent them to his Friend and Confederate the King of Sweves to be slain who not complying with his desire sent them to Solomon King of Hungary to be preserved where Edmund died and Edward married Agatha Daughter to Henry the Roman Emperor by whom he had Edgar Aetheling Edmund Christiana who all died without Issue and Margaret Queen of Scotland whose Daughter Maud was married to Henry the First After the death of Cnute the Londoners as Ingulph of Croyland and William of Malmsbury do report chose Harold but the English had a mind to chuse Edward the Son of Ethelred or at least Hardecnute the Son of Cnute by Emme his Wife the Widow of King Ethelred who was then in Denmark and that he coming over the Kingdom was divided between them and taking Possession of his Share returned into Denmark and that Harold in his absence made himself Master of the whole Kingdom who living only four Years after his death both English add Danes sent for Hardecnute into Denmark to succeed him The Author of the Encomium of Emme says Cnute gave both this and his other Kingdoms to his Son Harde-Cnute by Emme Edward by the Policy Power and Industry chiefly of Earl Goodwin and Livingus Bishop of Worcester was made King at London and was anointed King at Winchester by the Arch-Bishops of Canterbury and York and almost all the Bishops in England He being in England at the time of the death of his half-Brother Harde-Cnute was in a great streight not knowing what to do and thinking to retire into Normandy as he was advised by the Normans applied himself unto Earl Godwin who minded him whose Son he was and of his Right to the Kingdom aud agreeing to marry his Daughter Edgith and to other Conditions propounded to him being forced by necessity to consent thereto Godwin a Council being immediately called by his Reasons and Rhetorick made him King Gul. Gemeticensis saith Hardecnutus reliquit Edwardum fratrem totius regni Haeredem Harde-Cunte left Edward his Brother Heir of the whole Kingdom Ailred Abbot of Rievalle tells an idle Tale in the Life and Miracles of Edward the Confessor that his Father King Ethelred being solicitous about a Successor though he had at that time two Sons Edmund Irorside and Alfred yet in a great Convention of Bishops and Noble Men before him and a great Concourse of ordinary People by the Prescience and Direction of God Almighty this Edward was chosen King while he was in his Mother 's Womb. Praebet electioni Rex consensu laeti praebent proceres Sacramentum inasitato Miraculo in ejus fidelitate jurarunt qui utrum nasceretur ignorarunt The King consents to the Election and the Noble-Men joyfully and by reason of an unusual Miracle swear Fealty to him before they knew whether ever he would be born He is the only Author of this Legend that I know of and do think it a little too gross to be believed Edward the Confessor designed his Nephow Prince Edward the Son of Edmund Ironside for Ins Successor and in the thirteenth Year of his Reign nine Years before he died sent for him out of Hungary where he then was in Banishment but in a short time after he died at London Anno Dom. 1057. Clito Edwardus Regis Eadmundi ferret lateris filius ut ei mandarat suus Patruus Rex Edwardus de Hungaria quo multo anno in exilium missus fuerat Angliam venit decreverat enim Rex illum post se Regni haeredem constituere sed ex quo venit parvo post tempore vita decessit Londoniae After the death of Edward the Confessor Harold Throno Regio se intrusit And as Ailredus before cited hath it Quidam Edgarum Adeling cui Regnum Jure haereditario debebatur Regem constituere moliuntur sed quia puer tanto honore minus idoneus videbatur Haraldus Comes de genere perditorum cujus erat mens astutior crumena faecundior miles copiosior sinistro omine Regnum obtinuit Some endeavoured to make Edward Atheling King to whom the Kingdom belonged by Hereditary Right But because he was a Child and seemed not fit for so great Honour Earl Hurold a crafty Traytor being better furnished with Money and Soldiers by sinister Fater obtained the Kingdom To the same purpose Henry of Huntington says Quidam Anglorum Eadgar Adeling permovere volebant in Regem Haraldus vero viribus genere fretus Regni Diadema invasit That is Some of the English would have had Edgar Atheling King but Harold being well furnished with Forces and assisted by his Kindred invaded the Crown f. 210. b. n. 10. From the various Expressions of the antient Writers of the Saxon Story concerning the Succession an unwary Reader would think the Saxons agreed not in one Rule of Succession or that they had no Rule at all But whoever considers with understanding what here is said will find they had and pursued a sure Rule of Succession which was either Right of Blood or the Nomination and Appointment of the preceding King as we hinted before which Nomination by the Saxon Kings mostly happened in the Minority or Nonage of their Children and that only was thought and allowed Cause sufficient for the Father to prefer his Brother's Son before his own or a Bastard before his lawful Issue For by the subsequent Instances it will plainly appear that the Saxons did in their
England usurped upon the said Crown and Lordship and that he and also Henry late called King Henry the Fifth his Son and Henry late called King Henry the Sixth his Son occupied the Realm of England and Lordship of Ireland and exercised the Governance thereof by unryghtwyse intrusion usurpation and no otherwise That the Amotion of Henry late called King Henry the Sixth from the Exercise Occupation Usurpation Intrusion Reign and Governance of the same Realm and Lordship done by our Soveraigne Lord King Edward the Fourth was and is rightwyse lawfull and according to the Lawes and Customes of the said Realme and soe ought to be taken holden reputed and accepted Further Some if not all the Grants made by Henry Earl of Derby called Henry the Fourth the said Henry his Son or the said Henry called Henry the Sixth or by Authority of any pretenced Parliament in any of their days were reputed null and void That the unrightwyse and unlawful Usurpation and Intrusion of the same Henry upon the Crown of England and Lordship of Ireland was to the great and intolerable hurt prejudice and derogation of Edmund Mortimer Earle of Maroh next Heir of Blood of the said King Richard at the time of his Death and to the Heirs of the said Edmomd and to the great and excessive Damage unto the Realm of England and to the politick and peaceable Governance thereof by inward Wars moved and grounded by occasion thereof In the First of Richard the Third the Three Estates after having much faulted the Government Marriage and Person of Edward the Fourth and affirmed That the Right and Title of the Issue of George Duke of Clarence was barred by his Attainder and extolling the Parts Wisdom and Justice of Richard his Brother declared him undoubted Heir of Richard Duke of York Father to Edward the Fourth very Inhaeritor of the Crown of England and Dignity Royal and as in Right King of England by way of Inheritance and therefore having in his great prudent Justice Princely Courage and excellent Vertue singular Confidence did by Writing in all that in them lay chuse him their King and Sovereign Lord to whom they knew of certain it apperteined to be so chosen c. And do further declare That the Right Title and Estate which King Richard the Third had to and in the Crown and Royal Dignity of the Realm of England with all things thereunto within the said Realm and without it annexed and apperteining was just and lawful as grounded upon the Laws of God and Nature and also upon the antient Lawes and laudable Customes of this said Realm as also taken and reputed by all such Persons as were learned in the abovesaid Laws and Customs And then they proceed and say Yet nevertheless forasmuch as it is considered that the most part of the People is not sufficiently learned in the aforesaid Laws and Customs whereby the Truth and Right in this behalf of likelyhood may be hid and not clearly known to all the People and thereupon put in doubt and question And over this how that the Court of Parliament is of such Authority and the People of this Land of such a nature and disposition as Experience teacheth that Manifestation or Declaration of any Truth made by the Three Estates of this Realm assembled in Parliament and by Authority of the same maketh before all other things most faithful and certain quieting of Mens minds and removeth the occasion of Doubts and seditious Language Therefore at the Request and by the Assent of the Three Estates of this Realm THAT IS TO SAY The Lords Spiritual and Temporal and Commons of this Land assembled in this present Parliament and by the Authority of the same be it pronounced decreed and declared That our said Sovereign Lord the King was and is the very undoubted King of this Realm of England with all things thereunto belonging within the said Realm and without it united annexed and apperteining as well by Right of Consanguinity and Inhaeritance as by lawful Election Consecration and Coronation Haereditary Right and Right of Blood was the Ground of this Establishment Henry the Seventh having no Haereditary Title of his own and being always averse to take upon him the only true and undoubted Title of his Queen eldest Daughter and Heir to Edward the Fourth procured an Act of Parliament That the Inhaeritance of the Crown of the Realms of England and France with all the Preheminencies and Dignities Royal to the same apperteining and the Ligeances to the King belonging beyond the Seas c. shall be rest remain and abide in the most Royal Person of our most Sovereign Lord Henry the Seventh and in the Heirs of his Body lawfully coming perpetually and so to endure and no otherwise It may be noted from these words That the inheritance of the Crown should rest remain and abide in the King c. That he designed not a Declaration or Recognition of his Right but rather an Establishment of that Possession he had gotten by the Sword for not thinking this Act a Sufficient Security for him nor depending on this Parliamentary Title he extended his pretences beyond this Establishment in at much as he procured it to be confirmed the year following by the Bull of Pope Innocent the Eighth in which this Statute with his Titles of Couquest and Descent are mentioned and confirmed The Bull says That the Kingdom of England belonged to him by undubitable right Non modo jure Belli ac notorio indubitato proximo successions Titulo verum etiam omnium prelatorum procerum Magnatum Nobilium totiusque ejusdem Regni Angliae plebis Electione et noto ac decreto statuto et ordinatione ipsius Angliae Regni trium Statuum in ipsorum conventu Parliamento nuncupato That is Not only by the right of War and the notorious and indubitable next Title of Succession but also by the election of all the Prelates and great Men and of the whole Commonalty of the Kingdom of England and by a known and decreed Statute and Ordinance of the Three Estates of the same Kingdom of England their meeting called a Parliament And afterward in the Thirteenth of his Reign he got his Bull renewed and the Act confirmed again by Pope Alexander the Sixth under pain of Excommunication and Curse to such as should upon any pretence whatsoever disturb the peace of the Nation and create trouble against this Title of Henry the Seventh So that notwithstanding this Act of Parliament which was cunningly penned to Establish his possession he had obtained by the sword He thought that and the Popes Bulls of Confirmation his best Title yet not omitting his own pretended indubitable next Right of Succession Henry the Eighth next heir to the Crown by Proximity of Blood as right Heir to his Mother Elizabeth Daughter and right Heir to Edward the Fourth succeeded his Father in
The Year following the Bishops of Winchester and Norwich with John de Britannia Earl of Richmond were employed to that purpose and after much desceptation about it they received a Form of Peace from the King of France And at length the Queen by Advice given by the Bishops and Great Men to the King was sent to her Brother the King of France for making up and Confirmation of the Peace and it was accorded that King Edward should give the Prince his Son the Dutchy of Aquitain and County of Pontheu that he should go over into France and do Homage for them which he did accordingly But the Prince being in France with his Mother she had no mind to return The King sent divers Letters to his Son Edward and his Queen Isabel expostulating the Cause of their stay in France against his Will and the Confederation they made there with Roger Mortimer his Enemy and Rebel and others Walsingham says Some affirmed she stayed there against her Will Alii voro asserebant quod voluntarie propter nimiam familiaritatem tunc contractam inter Reginam Rogerum de Mortuo-mari siâ—â— quo aliis Nobilibus de Anglia profugatis nolluit dicta Regina redire maxime in odium dispensatorum But others affirmed she stayed voluntarily by reason of the too great Familiarity she had contracted with Earl Roger Mortimer without whose Advice she did nothing and without whom and the other Noble-men that had fled out of England she would not return and especially for the Hatred she bare towards the Spencers proud ambitious haughty and covetous Men by whom the King was too much swayed in the Management of his Affairs which might give a dissatisfaction to the Nobility though not warrant their Actions The next Year having married the Prince not then fourteen Years old to the Earl of Hanault's Daughter who furnished her with Shipping and two thousand seven hundred and fifty Men led by his Brother John she with Edmund Earl of Kent and Roger Mortimer Lord of Wigmore and many other Great Men who had sled out of England landed at Harwich to whom the Earl Marshal the Earl of Leicester and other Barons and Knights of those Parts and almost all the Bishops did adhere and proceeding her Army daily increased so as at last she took her Husband the King Prisoner and put to death both the Spencers the Younger without Hearing or Answering ' The imprisoned King was carried and removed from place to place but at last fixed at Berkeley-Castle in Glocester shire under the Guard of Thomas Berkeley and John Maltravers who had allowed an hundred Shillings a Day for his Expences arid Keeping The Queen never would see him during his Imprisonment Regina misit sibi Indumenta delicata Literas blandientes sed tamen ipsum videre nolebat fingens quod communitas regni non permisit The Queen sent him gay Cloaths and flattering Letters but would not see him feigning the Community of the Kingdom would not permit her He was made Prisoner November 16. and the Morrow after Twelfth-Day all the Nobility of the Kingdom being summoned to Parliament met at London and judged the King unit to rule and for several Reasons to be deposed and his Son Prince Edward to be chosen King Convenit Londoniis tota Nobilitas regni citata per prius ad Parliamentum tenendum ibidem in crastino Epiphaniae ubi cuncti censuerunt Regem indignum Diademate propter plures Articulos deponendum Edvardum filium ejus primogenitum in Regem unanimiter eligendum quod etiam consequenter factum est Of which Transaction when the Queen had notice she was full of Grief outwardly ut for is apparuit saith Walsingbam But the Prince affected with this outward Passion of his Mother as young as he was would not accept of this Title whether out of his own Apprehension of things or by grave and mature Advice which is most probable Et Juravit quod invito patre nunquam susciperet coronam Regni And swore that without his Father's Consent he would never take upon him the Crown of the Kingdom Whereupon several Messengers being dispatched to the King then Prisoner at Kenelworth-Castle who told him what had been done and concluded of and diligently required him to resign his Royal Dignity and Crown and permit his Son to reign in his stead He was much disturbed with the Message and said Since it could be no otherwise he thanked them for chusing his First-born Son making his Resignation and delivering up the Royal Ensigns or Tokens of Sovereignty This done Edward the Third directs his Writs to the Sheriffs of the several Counties for preserving and keeping the Peace with this Preamble Rex Vicecom Ebor. Salutem Quia Dominus Edwardus nuper Rex Angliae Pater Noster de Communi Consilio assensu Praelator Com. Baron alior Magnat necnon Communitat totius Regni praedict SPONTANEA VOLUNTATE se amovit a Regimine dicti Regni VOLENS CONCEDENS quod nos tanquam ipsius primogenitus HAERES ipsius regni qubernationem regimen assumemus nosque ipsius patris nostri beneplacito in hac parte de consilio avisamento Praelator Com. Baron Magnat Comitat. praedict annuentes Gubernacula suscepimus dicti regni side litates Homag ipsorum Praelator Magnat recepimus ut est moris Teste Rege apud Westmonasâ—erium 29 Jan. The King to the Sheriff of Tork-shre Greeting Because Edward late King of England our Father by Common Council and Assent of Prelates Earls Barons and other Great Men and also of the Communities of the said Kingdom of his own Free Will removed himself from the Government of the said Kingdom Willing and Granting that We as his First-born and Heir of his Kingdom should take upon us the Rule and Government And We yielding to the good Pleasure of our Father by the Counsel and Advisement of the Prelates Earls Barons Great Men and Communities aforesaid have taken upon Us the Government of the said Kingdom and received the Fealties and Homages of the said Prelates and Great Men according to Custom Witness the King at Westminster Jan. 29. Nine days after he was invested with Kingship and not long after that King Edward the Second was murdered in Berkeley-Castle Any Man though but of an indifferent Capacity that seriously considers the story of this unfortunate Prince will easily perceive he was deposed by notorious Rebellion raised by factious Bishops and Tumultuous Barons and not without great suspition of an intended Vsurpation by Thomas Earl of Lancaster and may easily see through the Contrivance of the Queen and Mortimer afterwards and from thence cannot but judge it to have been a Design of wicked popular Barons and not the Action much less the Choice of the People In the Fourth of Edward the Third Roger Mortimer Earl of March
and her Council secretly thought of her own Personal Title Yet upon the Treaty or Marriage with the Duke of Anjon in the Answer to the sixth Article delivered by the French Ambassador it is declared that the Succession in her Kingdoms was and ought to be Hereditary according to nearness in Blood The words are Liberi ex hoc matrimonio prognati in materna haereditate succedent in regnis secundum jura consuetudines regnorum viz. primogenitus filius in Coronam quam Regina mater habet si nulli extabunt filii Masculi filioe si extabunt viz prima sola maxima natu c. Atque idem ut fiat in hoereditate paterna loequum est quomodo consuetudines locorum id ferent intelligi parest That is The Children begotten of this Marriage shall succeed in the Mothers Inheritance in the Kingdoms according to the Laws and Customs of the Kingdoms that is to say The First born Son shall enjoy the Crown which the Queen Mother hath And if there be no Issue Male the Daughters if there be any shall succeed that is to say the Eldest first and alone c. And that it is just the Succession should obtain after the same manner in the Paternal Inheritance if the Custom of the places would allow it After the death of Queen Elizabeth the Act of Recognition made Upon King James his coming to the Crown doth not take notice of the Title raised by Act of Parliament to Henry the Seventh and the Heirs of his Body But declares that he was Lineally Rightfully and Lawfully descended of the Body of the most excellent Lady Margaret eldest Daughter of this most renowned King Henry the Seventh and the high and noble Prinress Queen Elizabeth his Wife eldest Daughter of King Edward the Fourth The said Lady Margaret being eldest Sister of King Henry the Eighth Father of the High and Mighty Princess of famous Memory Elizabeth late Queen of England In consideration whereof the Parliament doth acknowledge King James their only Lawful and Rightful Leige Lord and Sovereign And further say as being bound thereunto both by the Laws of God and Man they do recognize and acknowledge that Immediately upon the Dissolution and Deceasy of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful and undoubted Succession descend and come to His most excellent Majesty as being lineally justly and lawfully next and SOLE HEIR of the Blood-Royal of this Realm as it is afore said And thereunto they do most humbly and faithfully submit and oblige themselves their Heirs and Posterities for ever until the last drop of their Bloods be spent What can be clearer than that the Succession to the Crown of England was always thought judged had taken and reputed to be from Nextness of Blood by the Opinion of all sober Men by Law and Custom by this and other Acts of Parliament and Statutes before cited This then being the true History and Case of Succession to the Crown of England and its being only founded upon Proximity of Blood the Author of the Brief History of Succession c. ought to have called it An History of Vsurpations Seditions and Rebellions It was written and intended for a purpose he will not own that is to shew that In the English Monarchy there is not Right of Succession but that Parliaments or Armies may set up whom they please This I confess hath been practised in this Nation and it was the main Cause of the War between the Families of Tork and Lancaster that proceeding from the Right of the one Patty and Possession of the other and the Contrarieties of Acts of Parliament was caused by the Alternate Victories of both But the doing of a thing makes it not lawful Repeated Wickedness or the frequent Repetition of Wiekedness gives no Authority to any one to commit that Wickedness as the frequency of Adulteries or Robberies doth not justifie either of them I think it 's no good Argument to say Edward the Second was deposed and murthered therefore Richard the Second might be deposed and murthered or That they were both deposed and murthered therefore Charles the First might be deposed and murthered or Because King Charles the First was deposed and murthered therefore King Charles the Second may be deposed and murthered Precedents are of force only in things lawful obscure or dubious but never in things unjust The Depositions and Murthers of Edward the Second and Richard the Second the Usurpations and unlawful Actions of Henry the Fourth and Richard the Third were in their own times condemned by all good Men even as the Actions of that Parliament began in 1641. in ours which I suppose is the reason why the Author of the Pamphlet brings not them in as a Precedent which would have served his turn better than all his other Instances But besides their impious Instances we ought to take notice of the Expressions of these Men of Jesuitical Principles They call Usurpation the Election of the People a Faction the Commonwealth the Actions of a few they impute to all They call Rebellion a just and judicial Proceeding often and open Perjury an orderly Revoking of a Sentence God's secret Judgment in permitting Injustice to prevail his owning and allowance thereof the Inconsistency and present Humour of the heedless Multitude who judge of things not by Reason or Justice but either by Opinion which commonly is partial or else by Report which is usually full of Incertainties and Errors the most part Doing because others Do all easie to be drawn in to serve any wicked and ambitious Men's Attempts they call the presumed Will and Consent of the People According to which say they the Succession of the Crown is to be directed And by these Arts they do very much impose upon their unwary Readers To this History of Succession belongs the Act of the Thirteenth of Elizabeth cap. 1. intituled An Act whereby certain Offences are made Treason which as many great and learned Persons think was upon the debate and making of it intended and designed to declare a Power in the Queen and her Successors for ever by Authority of Parliament to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of England and the Descent Limitation Inheritance and Government thereof Sir Edward Coke says Many Acts of Parliament are hardly to be understood unless the History of that time be joyned thereunto This Parliament met April 2. 1571. 13 Eliz. and was dissolved May 29. following This Parliament we see was holden in the beginning of the Year 1571. Some Years before but most especially in the Year1570 immediately preceding there had been many Practices and Seditious and Treasonable Contrivances against Queen Elizabeth by Foreign as well as Domestick Enemies By the Pope and
and that her Majesty minded not by any Implication or drawing of Words to have the Scotish Queen either inabled or disinabled to or from any manner of Title to the Crown of England and willed That the Bill be drawn and penned by her Learned Counsel before the same be treated of in the House and that in the mean time of bringing in of that Bill the House enter not into any Speeches or Arguments of that Matter With the Journal agrees a Passage in the Lord Burleigh's Letter to Sir Francis Walsingham the Queens Embassador in France July 2. 1572. two days after the Parliament was Prorogued Now for our Parliament I cannot write patiently All that we laboured for and had with full Consent brought to fashion I mean a Law to make the Scotish Queen unable and unworthy of Succession of the Crown was by her Majesty neither assented to nor rejected but deferred until the Feast of All Saints But what all other good and wise Men may think thereof you may guess Some here have it seemeth abused their Favour about her Majesty to make her self her most Enemy God amend them I will not write to you who were suspected I am sorry for them and so would you also if you thought the suspicion to be true Your assured Loving Friend Will. Burleigh This Parliament did not meet again until the Eighth of February in the Eighteenth year of the Reign of Queen Elizabeth unless there be any better Authority than Mr. Pulton's in his Statutes to make it appear that it did And although there never was greater fear and danger of the Introduction of Popery and Arbitrary Power by reason of the Queen of Scots Religion her Pretences and Practices and the expectation of great Assistance from abroad and at home than at this time yet we find not those that were suspected to have advised the Queen this great Affair to have been branded by Publick Vote as Betrayers of the Queen the Protestant Religion and the Kingdom of England Promoters of the Scottish Interest and Pensioners to Scotland This is a faithful Relation of the Succession Whether I have fairly or partially cited the Records and Histories I have used any Man if he please may inform himself Whether it be expedient just or lawful to go about to interrupt the lawful Succession by Birth-right or to endeavour to break or vacate the Laws and Customs of the Nation by which it is Established and Governed without any Motion Sollicitation Procurement or Intention of the present true and lawful King by Birth-right for and upon the Suggestions in the Bill mentioned I leave to the Consideration of Wiser Men than my self In smaller Matters than this it was said Nolumus Leges Angliae mutare A Paralel or Comparison between some Citations in the Author of the Brief History of Succession c. And the Words of the Authors themselves Author of the Brief Hist fol. 1. in the Margin EDwardum Elegerunt Electum consecraverunt in Regem unxerunt Sim. Dunelm An. 975. f. 160. Fol. 3. in the Margin Hic Robertus semper contrarius adeo innaturalis extiterat Baronibus Regni Angliae quod plenario consensu Consilio totius Comunitatis Regni ipsum refutaverunt pre Rege omnino recusaverunt Henricum fratrem in Regem erexerunt Hen. de Knighton c. 8. 2374. Fol. 4. In the Notes in the middle of the Folio In Conventu Episcoporium aliorum de Regno optimatum Mat. Westm f. 246. an 1153. Fol. 4. In the Margin Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae Episcopi Abbates Comites Barones Vice-Comites Praepositi Aldermanni cum Fidejussoribus Gervas Hen. 2 fol. 1412. And fol. 4. in the Body of his History says This was a Parliament in which Henry the Second procured his Son Henry to he declared King together with himself by their consent Brief History fol. 5. in the Margin Post tam Cleri quam Populi solennem debitam electionem Rad. de Diceto fol. 647. Ibid. f. 5. In the Body of the History King John applies himself to the People for a more sure Title d who being summoned together chose him King Ibid. in the Margin d Praelatorum Comitum aliorum Nobilium infinita a multitudine Brompt 1281. Fol. 10. in the Body of the History Please it your Grace to understand the Consideration Election and Petition of the Lords Spiritual and Temporal and Commons c. Cot. Rec. fol. 709. This is all considerable which he cites out of this Record Fol. 11. in the Body of the History In the 25th Year of Henry the Eighth an Act passed wherein the Parliament in the Preamble say They were BOUNDEN to provide for the perfect Surety of the Succession They did not certainly reckon themselves bound to do a thing that was not in their Power Stat. 25 H. 8. c. 22. Sim. Dunelm Anno 975. col 160. n. 40. EDwardum UT PATER SUUS PRAECEPERAT Elegerunt Electum consecraverunt in Regem unxerunt Hen. de Knighton col 2374. c. 8. n. 10. Iste Robertus semper contrarius adeo innaturalis extiterat Baronibus Regni Angliae quod plenario Consensu Consilio totius Comunitatis Regni IMPOSUERUNT EI ILLEGITIMITATEM QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS UNDE UNANIMI ASSENSU SUO ipsum refutaverunt pro Rege omnino recusaverunt Henricum fratrem ejus in Regem erexerunt Mat. Westm f. 246. an 1153. n. 10. Rex Stephanus omni haerede viduatus praeter solumodo Henricum Ducem recognovit in Conventu Episcoporum aliorum de Regno optimatum Quod Dux Henricus jus haereditarium in Regnum Angliae habebat Dux benigne concessit ut Rex Stephanus tota vita sua suum Regnum pacifice possideret Chronica Gervasii col 1412. lin 4. Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae Episcopi Abbates Comites Barones Vice-Comites praepositi Aldermani cum Fidejussoribus suis timentes valde omnes Quisque juxta conscientiam suam metuebat nesciebunt enim Quid Rex statuere decrevisset ipsa die Henricum filium suum qui eadem septimana de Normannia venerat militem fecit statimque eum stupentibus cunctis mirantibus in Regem ungi praecepit coronari Not one word here or in all this story of this Author of their declaring him King Rad. de Diceto Imagines historiarum col 647. n. 40. Comes Itaque Pictavorum Ricardus HAEREDITARIO JURE PRAEMOVENDUS IN REGEM post tam Cleri quam Populi solempnem debitam electionem c. Chron. Johan Brompt col 1281. n. 40 50. Johannes ab Huberto Archiepiscopo Cantuariensi in Ecclesia B. Petri Westmonasterii INUNGITUR ET IN REGEM ANGLIAE CORONATUR ASSISTENT Prelatorum Comitum BARONUM aliorum Nobilium infinita multitudine Exact Abridgment of Records in the Tower fol 709 710 711