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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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vve may chance to haue occasion to handle the same agayne and more largely heerafter These poyntes toucheth Highintō thoughe diuers other he leaue vntouched vvhich are of much importāce for the resolusion as whether after the lyne extinguished of kinge Henry the 4. vvhich vvas the eldest sonne of Ihon of Gant ther should haue entered the line of lady Philippe the eldest daughter lawfully begotten of Blanch first wyfe of Ihon of Gant or els the race of Ihon Earle of Somersett yonger sonne by his third vvyfe which then was base borne but legetimated by parlament for of Phillip do come the kinges of Portugal and of Ihon came king Henry the seuenth And againe these pointes had byn to be disputed as vvel touching the succession to the dukedom of Lancaster alone as also to the crowne ioyncely all which articles shal seuerally afterward be handled in ther places and thus much of this booke More then these fower bookes I have not seene vvitten of his affaire though I haue hard of one made in Flanders in the behalfe of the Duke of Parma that is now vvho by his mother disceudeth of the same line of Portugal that the king of Spaine doth and as this book pretendeth if we respect the ordinary course of Inglish lawes in particuler mens inheritances he is to be preferred before the said king or any other of the howse of Portugal for that his mother descended of the yonger sonne and the king of the elder daughter of the king of Portugal and albeit according to the law of Portugal the king vvas adiuged next heyre to that crowne yet say they by our lawes of Ingland he cannot be vvhich after must be examined Thus sayth that book and he alleageth many reasons for the same as it hath bin told me for as I said I neuer came to haue a viewe of the vvhole booke but diuers of his arguments I haue seene laid together which I shal afterwards in place conuenient alleage vnto you vvith the answers censures and replies that the contrary parties do make therunto Diuers other papers notes and memories I haue seene also said he as wel touching the succession of those vvhom I haue named as of others for that Syr Richard Shelly who dyed some yeares a gone in Venice by the name of Lord prior of S. Iohns of Ingland had gathered diuers points touching these affayres many more then he had M. Francis Peto that dyed in Millan and vvas a very curious and wel readen man in genealogies as may appeare by sundry papers that I haue seene of his Their vvant not also diuers in Inglād who haue trauailed much in this busines and I haue had the perusing of some of their labors though I dare not discouer ther names lest therby I should hurt them vvhich vvere not conuenient But one great trouble finde I in them al that euery man seeketh to draw the whole water vnto his owne mill and to make that title alwayes most clere whom he most fauoreth and this vvith so great probability of reason and authority many tymes as it is hard to retayne a mās consent from that which is said vntil he haue read the reasons of the other party and this also is a great proofe of the wonderful ambibiguity and doubtfulnes which in this most important affaire is to be founde And by the way also I had almost forgotten to tel you how that of late I haue lighted vppō a certayne new discourse and treatise made in the behalfe of the king of Spaines eldest daughter whom he had by his wife Isabel the eldest sister of the last king of France vvhich Isabel and her daughter the infanta of Spaine called also Isabel are presumed to be the lawful heyres to the state of Britany and to al other states that by that meanes of Britany or otherwise by vvomen haue come to France or haue or may fal vppon a vvoman of the house of France as the states of Ingland and other states therunto annexed may for that they follow not the law salique of France and so this treatise proueth that by diuers vvayes and for sundry considerations this princesse of Spaine is also of the blood royal of Ingland and may among others be intituled to that crowne by a particuler title of her owne beside the pretence vvhich her father the king or her brother the prince of Spayne haue for them selues by the house of Portugal al vvhich reasons and consideratiōs I shal alleage afterward in ther place tyme or at least-wise the chiefe principal of them And to the end they may be vnderstoode the better as also the clearnes and pretentions of al the rest that haue interest in this affayre I shal first of al for a beginning and foundation to al the rest that shal or may be spoken heerafter set downe by way of historical narration al the discents of our Inglish kings and pretenders that maye important to this our purpose from the conquest vnto our tyme vvhich being cōpared vvith the tree it selfe of genealogies that shal be added in the end of this conference vvil make the matter more playne and pleasant to the reader OF THE SVCCESSION OF THE CROWNE OF INGLAND FROM THE CONQVEST VNTO the tyme of king Edward the third with the beginning of three principallinages of the English blood royal dispersed into the houses of Britanie Lancaster and Yorke CAP. II. NO man is ignorant said the lavvyer how William the Conqueror came to the crowne of Ingland vvhich vvas in deed by dynt of sword though he pretended that he vvas chosen by the vvill and testament of king Edward the confessor But howsoeuer this weare his posterity hath indured vntil this day and two and twenty princes of his race haue vvorne the Inglish crowne after him for the space of more then 5. hundreth yeares and how many more may yet do the same God only knoweth but if vve follow probability vve cannot vvant of them seing his blood is so dipersed ouer the vvorld at this day as by this declaration ensewing vvil appeare This king William according to Polidor and other chronicles of Ingland had by his vvyf Mathilda daughter of Baldwin Earle of Flanders foure sonnes and fiue daughters his eldest sonne vvas Robert vvhom he left duke of Normandie vvho vvas afterward depriued of that dukedome by his yonger and fowerth brother Henry vvhen he came to be king of Ingland His second sonne was Richard that dyed in his youth his third was William surnamed Rufus for that he vvas of redd heare and the fowerth vvas Henrv vvhich two last sonnes vvere both kings of England one after the other as the vvorld knoweth by the names of William the second and Henry the first The Conquerors daughters vvere first Cecilie that vvas a Nonne and the second Constantia that vvas marryed to Alayn surnamed fergant duke of Britanie and the third vvas Adela or Alis marryed
fauourers of the house of Lancaster that the Inglish inclined stil to acknowlege and admitt his right before his nephew and so they proclaymed this kinge Iohn for king of Ingland vvhiles he vvas yet in Normandie I meane Hubert Archbishop of Canterbury Elenor the Queene this mother Geffrey Fitzpeter chiefe iudge of Ingland vvho knew also vvhat law meant therin and others the nobles and Barons of the realme vvithout making any doubt or scruple of his title to the succession And vvheras those of the house of Yorke do alleage that king Richard in his life tyme vvhen he was to goe to the holy land caused his nephew Arthur to be declared heyre apparent to the crowne and therby did shew that his title vvas the better they of Lancaster do answere first that this declaration of king Richard vvas not made by act of parlament of England for that king Richard vvas in Normandy vvhen he made this declaration as playnly appeareth both by Polidor and Hollingshead Secondly that this declaration was made the sooner by king Richard at that tyme therby to represse and kepe downe the ambitious humor of his brother Iohn vvhom he feared least in his absence if he had bin declared for heyre apparēt might inuade the crowne as in dede vvithout that he was like to haue done as may appeare by that which happened in his saide brothers absence Thirdly they shew that this declaration of king Richard vvas neuer admitted in Ingland neither duke Iohn would suffer it to be admitted but rather caused the bishop of Ely that vvas left gouernour by king Richard vvith cōsent of the nobility to renownce the said declaration of king Richard in fauour of Arthur and to take a contrary oth to admitt the said Iohn if king Richard his brother should dye vvithout issue and the like oth did the said Bishop of Ely together withe the Archbishop of Roan that was left in equal authority with him exact and take of the citizens of London vvhen they gaue them their priuileges and liberties of cōmunaltie as Hollingshed recordeth And lastly the said Hollingshed vvriteth how that king Richard being now come home againe from the warr of Hierusalem and void of that ielosy of his brother vvhich before I haue mentioned he made his last wil and testament and ordeyned in the same that his brother Iohn should be his successor caused al the nobles there present to sweare fealtie vnto him as to his next in blood for which cause Thomas Walsingham in his story vvriteth these wordes Ioannis Filius iunior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo iure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius Which is Iohn yonger sonne of Henry the second king of Ingland and of Eleanor duchesse of Aquitaine vvas declared successor of the crowne not only by law and right of neernes of blood but also by the wil and testament of Richard his brother Thus much this ancient chronicler speaketh in the testifying of King Iohns title By al which examples that fell out almost vvithin one age in diuers natiōs ouet the world letting passe many others which the Ciuilian touched in his discourse before for that they are of more ancient tymes these fauourers of the house of Lancaster do inferr that the right of the vncle before the nephew vvas no new or straunge matter in those dayes of king Edward the third and that if we vvil deny the same now vve must cal in question the succession and right of al the kingdomes and states before mentioned of Naples Sicilie Spayne Britanie Flanders Scotland Ingland whose kings and princes do euidently hold their crownes at this day by that very title as hath bin shewed Moreouer they saye that touching law in this pointe albeit the most famous Ciuil lavvyers of the world be some vvhat deuided in the same matter some of them fauouring the vncle and some other the nephew and that for different reasons As Baldus Oldratus Panormitanus and diuers others alleaged by Guillelmus Benedictus in his repetitions in fauour of the nephew against the vncle and on the other side for the vncle before the nephew Bartolus Alexander Decius Altiatus Cuiatius and many other their follovvers are recompted 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 al reasons weighed to and fro he commeth to conclude that seing rigour of law runneth only with the vncle for that in deed he is properly neerest in blood by one degree and that only indulgence and custome serueth for the nephew permitting him to represent the place of his father vvhich is dead they resolue I say that vvhensoeuer the vncle is borne before the nephew and the said vncles elder brother dyed before his father as it happened in the case of Iohn of Gaunt and of king Richard their the vncle by right may be preferred for that the said elder brother could not giue or transmitt that thing to his sonne vvhich vvas not 〈◊〉 himselfe before his father dyed and consequently his sonne could not represent that vvhich his father neuer had and this for the Ciuil law Touching our common lawes the fauourers of lancaster do say two or three things first that the right of the crowne and interest therunto is not decided expresly in our lavv not it is a plea subiect to the common rules therof but is superiour and more eminent and therfore that men may not iudge of this as of other pleas of particuler persons nor is the tryal like nor the common maximes or rules alwaies of force in this thing as in others which they proue by diuers particuler cases as for example the vvidow of a priuate man shal haue her thirdes of al his landes for her dowry but not the Queene of the crowne Againe if a priuate man haue many daughters and dye seazed of any landes in fee simple vvithout heyre male his said daughters by law shal haue the said landes as coparteners equally deuided betweene them but not the daughters of a king for that the eldest must carry away al as though she vvere heyre male The lyke also is seene if a baron matche vvith a femme that is an inheretrix and haue issue by her though she dye yet shal he enioye her landes during his lyfe as tenant by curtesie but it is not so in the crowne if a man mary with a Queene as king Phillip dyd with Queene Marye and so finally they saye also that albeit in priuate mens possessions the common course of our law is that if the father dye seazed of landes in fee simple leauing a yonger sonne and a nephew that is to say a child of his elder sonne the nephew shal succede his grandfather as also he shal do his vncle if