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A56468 A conference about the next succession to the crown of England divided into two parts : the first containeth the discourse of a civil lawyer, how and in what manner propinquity of bloud is to be preferred : the second containeth the speech of a temporal lawyer about the particular titles of all such as do, or may, pretend (within England or without) to the next succession : whereunto is also added a new and perfect arbor and genealogy of the descents of all the kings and princes of England, from the Conquest to the present day, whereby each mans pretence is made more plain ... / published by R. Doleman. Parsons, Robert, 1546-1610.; Allen, William, 1532-1594.; Englefield, Francis, Sir, d. 1596? 1681 (1681) Wing P568; ESTC R36629 283,893 409

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John that was King after his Father by the Name of John the third Secondly the Lady Isabel Married to the Emperor Charles the fifth and Mother to King Philip of Spain that now liveth Thirdly Lady Beatrix Married to Charles Duke of Savoy and Mother to Duke Philibert the last Duke that Died and Grand-mother to this that now Liveth Fourthly Lord Lewis Father to Don Antonio that now is in England Fifthly Lord Henry that was Cardinal and Archbishop of Ebora and in the end King of Portugal And sixthly Lord Edward that was Father of the two Dutchesses of Parma and Bragansa to wit of the Lady Mary and Lady Catharine both which left goodly Issue for that Lady Mary hath left by the last Duke of Parma Lord Ranutius that is now Duke of Parma and Lord Edward that is Cardinal And the Lady Catharine Dutchess of Bragansa that yet liveth hath Issue divers goodly Princes as the Lord Theodosius that is now Duke of Bragansa and three younger Brothers to wit Edward Alexander and Philip young Princes of great expectation and these are the Children of King Emmanuel whose particular Successions and Issues I shall declare somewhat more in particular Prince John of Portugal afterward King by name of King John the Third had Issue another John that was Prince of Portugal but died before his Father and left a Son Named Sebastian who was King and slain afterward by the Moors in Barbary and so ended this first Line The second Son and fourth Child of King Emmanuel was Named Lord Lewis and died also without Issue Legitimate as is supposed for that Don Antonio his Son that afterward was proclaimed King by the People of Lisbone and now liveth in England was taken by all men to be unlawful as presently more at large shall be shewed so as after the Death of King Sebastian there entred the Cardinal Lord Henry which was third Son of King Emmanuel and Great-Uncle to Sabastian lately Desceased for that he was Brother to King John the third that was Grand Father to King Sebastian And albeit there wanted not some according as the Authors Write which afterward I shall Name who affirmed and held that King Philip of Spain should have succeeded King Sebastian before the Cardinal for that he was nearer in Consanguinity to him than was the Cardinal for that besides that King Philip was Son of King Emmanu●ls Eldest Daughter he was Brother also to King Sebastians Mother yet the said Cardinal entred peaceably and by consent of all parties but for that he was Old and Unmarried and not like to leave any Child of his own there began presently the Contention in his days who should be his Successor To which Succession did pretend five Princes of the Blood-Royal of Portugal besides the Lady Catharine Queen-Mothers of France who pretended by her Mothers side to be Descended of one Lord Ralph Earl of Bullain in Piccardy which Ralph was Eldest Son of Alfonsus the third King of Portugal which Alfonsus before he was King to wit in the time of his Eldest Brother King Sanches of Portugal was Married to the Countess and Heir of Bullain Named Mathildis and had by her this Ralph But afterwards this Alfonsus coming to be King of Portugal he Married again with the King of Castile's Daughter and had by her a Son called Denyse who reigned after him and his Successors unto this day all which Succession of King Denyse and his Posterity the said Queen Mother would have improved and shewed that it appertained unto her by the said Raphe and for this cause sent she to Portugal one Lord Vrban Bishop of Comince in Gascony to plead her Cause which Cause of hers was quickly rejected and only the aforesaid five Princes Descended of King Emmanuel's Children were admitted to the Tryal for the same which were Don Antonio Son of Lord Lewis the King Cardinals Elder Brother and King Philip of Spain Son of Lady Elizabeth the Eldest Sister of the said Cardinal and Philibert Duke of Savoy Son of the Lady Beatrix the same Cardinals Younger Sister and the two Dutchesses of Parma and Bragansa named Mary and Catharine Daughters of Lord Edward Younger Brother of the said Cardinal and Youngest Child of the said King Emmanuel And for that the Lady Mary Dutchess of Parma which was the Elder of the two Daughters was Dead before this Controversy fell out her Eldest Son Lord Ranutio now Duke of Parma pretended by her Right to the said Crown And for that this matter was of so great Importance every party procured to lay down their Reasons and declared their Rights in the best manner they could and such as could not be present themselves in Portugal sent thither their Agents Embassadors and Attorneys to plead their Cause for them Don Antonio and the Dutchess of Bragansa as Inhabitants of that Kingdom were present and declared their pretences Namely Don Antonio by himself and for himself and the Lady Mary of Bragansa by her Husband the Duke and his Learned Councel The Prince of Parma sent thither for his part one Ferdinando Farneso Bishop of Parma The Duke of ●avoy se●t Charles of Rovere afterward made Cardinal The King of Spain as the greatest pretender sent the Lord Peter Gyron Duke of Osuna afterward Viceroy of Naples and Sir Christopher de Mora Knight of his Chamber at that time but since of his Privy-Council and lately made Earl of Castil Rodrigo in Portugal of which Country he is a Native and besides these two a great Lawyer Named Roderigo Vasques made since as I hear say Lord President of Castil which is as much almost as Lord Chancellor with us All these did lay forth before the King Cardinal their several Reasons and Pretensions to the Succession of the Crown of Portugal for the five persons before-mentioned whereof two were quickly excluded to wit the Duke of Savoy for that his Mother was Younger Sister to King Philip's Mother and himself also of less Age then the said King And secondly Don Antonio was also excluded by publick and Judicial Sentence of the King Cardinal his Uncle as Illegitimate and Born out of lawful Wedlock And Albeit Don Antonio denyed the same and went about to prove himself Legitimate affirming that his Father the Lord Lewis before his Death had Married with his Mother in secret and for this brought forth some Witnesses as Namely his Mothers Sister with her Husband and two others Yet the King Cardinal affirmed that upon Examination he had found them Suborned which he said was evident to him partly for that they agreed not in their Speeches and partly for that some of them had Confessed the same to wit that they were Suborned whom he cast into Prison and caused them to be punished And so sitting in Judgment accompanied with four Bishops and four Lawyers whom he had called to assist him in this Cause he pronounced the same Don Antonio to be a Bastard for
by the name of King Vermudo the Second who left after him Don Alonso the Fifth and he again his son Don Vermudo the Third who marrying his sister Dona Sancha that was Heir unto Don Ferdinando the first Earl and then King of Castile who was second son to Don Sancho Mayor King of Navar as before hath been said he join'd by these means the Kingdoms of Leon and Castile together which were separate before and so ended the line of Don Pelayo first Christian King of Spain after the entrance of the Moors which had endured now three hundred years and the Bloud of Navar entred as you see and so continued therein until the entrance of those of Austria as before hath been said which was almost five hundred years together And thus much I thought good to note out of the Histories of Spain for this first descent of the Spanish Kings after the entrance of the Moors neither mean I to pass much further both for that it would be too long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his History with King Vermudo the Third and last of the Gothish Bloud Notwithstanding if I would go on further there would not want divers evident Examples also to the same purpose which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this History whereof for Examples sake only I will name two or three among the rest And first about the year of Christ 1201. there was a Marriage made by King John of England for Dona Blancha his Neece that is to say the daughter of his Sister Dame Eleanor and of Don Alonso the Ninth of that name King and Queen of Spain which Blancha was to marry the Prince of France named ●uys Son and Heir to King Philip sirnamed Augustus which Luys was afterwards King of France by the name of Luys the VIII and was Father to Luys the IX sirnamed the Saint This Lady Blancha was Neece as I have said unto King John and to King Richard the First of England for that her Mother Lady Eleanor was their sister and daughter to King Henry the Second and King John made this Marriage thereby to make peace with the French and was content to give for her Dowry for that he could not tell how to recover them again all those Towns and Countreys which the said King Philip had taken from the English by this King 's evil Government in Normandy and Gascony and moreover promise was made that if the Prince Henry of Spain that was the only brother to the Lady Blanch should die without issue as after he did then this Lady should succeed in the Crown of Spain also But yet afterwards the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela married to the Prince of Leon and excluded both Blanch and her son the King S. Luys of France against the evident Right of Succession and propinquity of Bloud and the only Reason they yielded hereof was not to admit Strangers to the Crown as Garabay testifieth This happened then and I do note by the way that this Dona Berenguela second Daughter of Queen Eleanor the English Woman was married as hath been said to the Prince of Leon and had by him Don Fernando the Third of that name King of Castilia sirnamed also the Saint So as the two Daughters of an English Queen had two Kings Saints for their sons at one time the elder of France and the younger of Spain After this again about threescore years the Prince of Spain named Don Alonso sirnamed de la cerda for that he was born with a great gristle-hair on his breast called Cerda in Spanish which Don Alonso was Nephew to the King Fernando the Saint and married with the Daughter of Saint Luys King of France named also Blancha as her Grand-mother was and had by her two Sons called Alonso and Hornando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand-father left them commended to the Realm as lawful Heirs apparent to the Crown yet for that a certain Uncle of theirs named Don Sancho younger Brother to their Father which Don Sancho was sirnamed afterwards el bravo for his valour and was a great Warriour and more like to manage well the matters of War than they he was made Heir apparent of Spain and they put back in their Grand-fathers time and by his and the Realms consent their father as I have said being dead and this was done in a General Parliament holden at Segovia in the year 1276. And after this Don Sancho was made King in the year 1284 and the two Princes put into prison but afterwards at the suit of their Uncle King Philip the Third of France they were let out again and endued with certain Lands and so they remain unto this day and of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobility in Spain at this time and King Philip that reigneth cometh of Don Sancho the younger Brother Not long after this again when Don Pedro sirnamed the Cruel King of Castile was driven out and his bastard brother Henry the Second set up in his place as before hath been mentioned the Duke of Lancaster John of Gant having married Dona Constantia the said King Peter's daughter and Heir pretended by Succession the said Crown of Castile as indeed it appertained unto him but yet the State of Spain denied it flatly and defended it by Arms and they prevailed against John of Gant as did also the race of Henry the Bastard against his lawful Brother and the race of Don Sancho the Uncle against his lawful Nephews as hath been shewed and that of Dona Berenguela against her elder Sister all which Races do reign unto this day and these three Changes of the True Line happened within two Ages and in the Third and principal descent of the Spanish Kings when this matter of Succession was most assuredly and perfectly established and yet who will deny but that the Kings of Spain who hold by the latter Titles at this day are true and lawful Kings Well one Example will I give you more out of the Kingdom of Portugal and so will I make an end with these Countreys This King Henry the Bastard last named King of Spain had a son that succeeded him in the Crown of Spain named John the First who married the Daughter and Heir named Dona Beatrix of King Fernando the First of Portugal but yet after the death of the said King Fernando the States of Portugal would never agree to admit him for their King for not subjecting themselves by that means to the Castilians and for that cause they rather took for their King a Bastard
the great and Royal Houses of Burgundy and Orleans whereby all three Commonwealths I mean England Britany and France were like to have come to destruction and utter desolation And for that it may serve much to our purpose hereafter to understand well this controversie of Britany I think it not amiss in few words to declare the same in this place Thus then it happened The foresaid Arthur the second of that name Duke of Britanie and Son of Lady Beatrix that was Daughter as hath been said to King Henry the III. of England had two Wives the first named Beatrix as his Mother was and by this he had two Sons John that succeeded him in the State by the name of Duke John the III. and Guye that dying before his elder Brother left a Daughter and Heir named Joan and surnamed the lame for that she halted who was married to the Earl of Bloys that was Nephew to Phillip of Valois King of France for that he was born of his Sister But besides the two Children the said Duke Arthur had by his second Wife named Joland Countess and Heir of the Earldom of Monford another Son called John Breno who in the right of his Mother was Earl of Monford And afterward when Duke John the III. came to die without Issue the question was who should succeed him in his Dukedom the Uncle or the Neece that is to say his third Brother John Breno by half bloud or else his Neece Joan the lame that was Daughter and Heir to his second Brother Guye of whole bloud that is by Father and Mother which Lady Joan was married to the Earl of Bloys as hath been said And first this matter was handled in the Parliament of Paris the King himself sitting in Judgment with all his Peers the 30 day of September 1341 and adjudged it to the Earl of Bloys both for that his Wife was Heir to the elder Brother as also for that Duke John by his Testiment and consent of the States had appointed her to be his Heir but yet King Edward the III. and States of England did Judge it otherwise and preferred John Monford not knowing that the very case was to fall out very soon after in England I mean they Judged the State to John Breno Earl of Monford younger Brother to Guy and they assisted him and his Son after him with all their Forces for the gaining and holding of that State And albeit at the beginning it seemed that matters went against Monford for that himself was taken prisoner in Nantes and carried captive to Paris where he died in prison yet his Son John by the assistance of the English Armies got the Dukedome afterward and slew the Earl of Bloys and was peaceably Duke of Britanie by the name of John the IV. and his posterity hath endured until this day as briefly here I will declare This Duke John the IV. of the House of Monford had Issue John the V. and he Francis the first who dying without Issue left the Dukedom to Peter his Brother and Peter having no Children neither he left it to his Uncle Arthur the III Brother to his Father John the V. and this Arthur was Earl of Richmond in England as some of his ancestors had been before him by gifts of the Kings of England This Arthur dying without Issue left the Dukedom unto his Nephew to wit his Brothers Son Francis the II. who was the last male Child of that race and was he that had once determined to have delivered Henry Earl of Richmond unto his enemy King Edward the IV. and after him to King Richard the III. but that Henry's good fortune reserved him to come to be King of England This Duke Francis had a Daughter and Heir named Anna married first to Charles the VIII King of France and after his death without Issue to his Successor Lewis the XII by whom she had a Daughter named Claudia that was Heir to Britanie though not to the Crown of France by reason of the Law Salique that holdeth against women in the Kingdom of France but not in Britany and to the end this Dukdome should not be disunited again from the said Crown of France this Daughter Claudia was married to Francis Duke of Angolome Heir apparent to the Crown of France by whom she had Issue Henry that was afterward King of France and was Father to the last King of that Country and to Isabel Mother of the Infanta of Spain and of her Sister the Dutchess of Savoy that now is by which also some do affirm that the said Princess or Infanta of Spain albeit she be barred from the Succession of France by their pretended Law Salique yet is her title manifest to the Dukdome of Britanie that came by a woman as we have shewed and thus much of the House of Britany and of the Princess of Spain how she is of the Bloud Royal of England from the time of William the Conqueror himself by his eldest Daughter as also by other Kings after him and now we shall return to prosecute the Issue of these two Sons of King Henry the III. to wit of Edward and Edmond which before we left I shewed you before how King Henry the III. had two Sons Edward the Prince that was King after his Father by the name of Edward the first and Edmond surnamed Crouchback by some Writers who was the first Earl and County Palatine of Lancaster and beginner of that House And albeit some Writers of our time have affirmed or at least wise much inclined to favour a certain old report that Edmond should be the Elder Brother to Edward and put back only for his deformity of his body whereof Polidor doth speak in the beginning of the Reign of King Henry the IV. and as well the Bishop of Ross as also George Lilly do seem to believe it yet evident it seemeth that it was but a fable as before I have noted and now again shall briefly prove it by these reasons following for that it importeth very much for deciding the controversie between the Houses of Lancaster and York The first reason then is for that all Ancient Historiographers of England and among them Mattheus Westmonasteriensis that lived at the same time do affirm the contrary and do make Edward to be elder then Edmond by six years and two days for that they appoint the Birth of Prince Edward to have been upon the 16. day of June in the year of Christ 1239 and the 24. of the Reign of his Father King Henry and the Birth of Lord Edmond to have followed upon the 18. day of the same month 6 years after to wit in the year of our Lord 1245 and they do name the Godfathers and Godmothers of them both together with the peculiar solemnities and feasts that were celebrated at their several Nativities so as it seemeth there can be no error in this matter The 2d
Deprivation by the Pope that soon after ensued as also by another Deprivation made by the Barons of his Realm as after shall be touched Furthermore they say That when Arthur Duke of Britain whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England was in Prison in the Castle of Roan suspecting that he should be murthered by his said Unkle King John he nominated this Lady Blanch his Cousin-jerman to be his Heir perswading himself that he by the help of her Husband Prince Lewis of France and her Father the King of Spain should be better able to defend and recover his or her right to the Crown of England than Eleanor his own Sister should be who was also in the hands of his said Unkle for that he supposed that she should be made away by himself shortly after as indeed the French Chronicler affirmeth that she was And howsoever this matter of Duke Arthur's Testament was yet certain it is that when he and his Sister were put to death the next in Kin that could succeed them in their right to England was this Lady Blanch and her Mother Queen Eleanor that was Sister to Arthur's Father Geffrey Duke of Britany for that King John their Unkle was presumed by all men to be uncapable of their Inheritance by his putting of them to death and Child he had yet none And this is the second point that these men do deduce for the Lady Infanta of Spain by the title of Queen Eleanor and her Daughter Blanch to whom the Infanta is next Heir A third Interest also the same men do derive to the Infanta by the actual Deposition of King John by the Barons and States of this Realm in the 16 th year of his Reign and by the Election and actual Admission of Lewis Prince of France Husband of Lady Blanch whom they chose with one consent and admitted and swore him Fealty and Obedience in London for him and for his Heirs and Posterity in the year 1217. and gave him Possession of the said City and Tower of London and of many other chief places of the Realm and albeit afterwards the most part of the Realm changed their minds upon the sudden death of the said King John and chose and admitted his young Son Henry III. a Child of 9 years old yet do the favourers of the Infanta say That there remaineth to her as Heir unto the said Lewis until this day that Interest which by this Election Oath and Admission of the Realm remained unto this Prince Lewis which these men affirm to be the very like case as was that of Hugo Capetus in France who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had by being once elected King of France and admitted and sworn though afterwards he was deposed again and young Charles surnamed the Simple was admitted in his place as Henry III. was in England after the Election of Lewis But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race so say these men may this Infanta continue and renew now the Demand of King Lewis her Ancestor for that Titles and Interests to Kingdoms once rightly gotten do never die but remain ever for the Posterity to effectuate when they can And thus much of this matter But after this again these men do shew how that the said Infanta of Spain doth descend also from Henry III. son of King John by the Dukes of Britany as before in the second Chapter hath been declared and in the Arbor and Genealogy following in the end of this Conference shall be seen for that King Henry besides his two Sons Edward and Edmond which were the beginners of the two Houses of York and Lancaster had also a Daughter named Beatrix married to John the second of that Name Duke of Britany and by him she had Arthur II. and so lineally from him have descended the Princes of that House until their Union with the Crown of France and from thence unto this Lady Infanta of Spain that now is who taketh her self for proper Heir of the said House of Britany and Heir general of France as hath been said By this Conjunction then of the House of Britany with the Bloud-Royal of England the Friends of the Infanta do argue in this manner That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York and considering that each of these Houses hath often-times been Attainted and Excluded from the Succession by sundry Acts of Parliament and at this present are opposite and at contention among themselves why may not this right of both Houses say these men by way of Composition Peace and Comprize at least be passed over to the Issue of their Sister which resteth in the Infanta Again they say That all these three Branches of the Lines to wit by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England and that divers ways she may have Claim to the same which being granted they infer That seeing matters are so doubtful at this day about the next lawful Succession and that divers of the Pretenders are excluded some for Bastardy some other for Religion some for unaptness to Govern and some for other Causes and seeing the Commonwealth hath such Authority to dispose in this Affair as before the Civil-Lawyer hath declared why may there not Consideration be had among other Pretenders of this noble Princess also say these men especially seeing she is unmarried and may thereby commodate many matters and salve many breaches and satisfie many hopes and give contentment to many desires as the world knoweth And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain but against this Pretence others do produce divers Arguments and Objections As first of all That these her Claims be very old and worn out and are but Collateral by Sisters Secondly That she is a Stranger and Alien born Thirdly That her Religion is contrary to the State Unto all which Objections the favourers aforesaid do make their Answers And to the first they say That Antiquity hurteth not the goodness of a Title when occasion is offered to advance the same especially ●n Titles belonging to Kingdoms which commonly are never presumed to die as hath been 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 Lines do either fail or are excluded for other just respects as in our Case they hold that
which the Authors that I have read about this matter which are principally two the first Named Hierom Frank a Gentleman of Geno●a who Wrote ten Books in Italian of the Union of the Crown of Portugal to Castilia and the second is Named Joannes Antonius Viperanus a Sicilian as I take him who Wrote one Book only in Latine De obtenta Portugallia à Rege Catholico Phillippo of Portugal got by King Philip the Catholick both these Books I say out of whom principally I have taken the Points which here I will touch do severally set down the causes following why the King Cardinal did reject the pretence of Don Antonio before all other pretenders and pronounced him a Bastard First For that he had been ever so taken all the time of his Fathers Life and no man ever doubted thereof or called the matter in question until now that himself denyed the same Secondly for that in the time of Julius Tertius the Pope when certain Decrees came out from Rome against the promotion of Bastards the same Don Antonio Sued to the said Pope to be Dispensed withal in that Case which argueth that then he knew himself not Legitimate Thirdly that his Father the Lord Lewis had often times both by Word and Writing testified the same that this Antonio was his Bastard and had signified also so much in his last Will and Testament Fourthly The said Cardinal as of himself also affirmed that if his Brother the Lord Lewis had ever done any such thing as to Marry this Woman who was but Base in Birth and of Jewish Race as these Stories do affirm That it is like that he would have made some of his own Friends acquainted therewith as a matter so much Important Important for them to know but he never did though the said Cardinal avowed that himself was present with him at his death Fifthly he said that if Don Antonio had been Legitimate how happened that he did not pretend the Succession before the Cardinal himself next after the death of Sabastin seeing that he was to have gone before the said Cardinal by as good Right as his other Nephew Sabastian did if he had been Legitimate for that he was Son also to the Cardinals Elder Brother as hath been said Sixthly and lastly the said King Cardinal avowched against Don Antonio partly the disagreeing and partly the open confessing of the Witnesses that they were to be Suborned by him upon all which Causes and Considerations he proceeded to the Judicial Sentence before alledged Thus passed the matter in the Case of Don Antonio who if he had been Legitimate no doubt but by all Right he should have been preferred before all the other pretenders to the Crown of Portugal and must be at this day towards the Crown of England before all those that pretend of the house of Portugal if we grant him to be Legitimate and much more clearly may he pretend to the Dukedom of Lancaster as before hath been declared for that it must descend to the lawful Heir of Lady Phillipa Queen of Portugal whereof ensueth also one consideration not impertinent to us of England that seeing we hold him there for true King of Portugal I see not how we can deny him his Right to the said Dukedom at least of Lancaster whereof if we would give him but the possession with all the Appurtenances as they lye it were no evil entertainment for him in our Country until he could get the possession of the Crown in his own After the exclusions of these two pretenders to wit of the Duke of Savoy and of Don Antonio the whole controversy for Portugal remained between the other three which were the King of Spain Son of Lady Isabel eldest Daughter of King Emmanuel and the two Dutchesses of Parma and Bragansa Daughters of the younger Son of the said King Emmanuel to wit of the Lord Edward Infant of Portugal And First of all for that the eldest of these two Ladies to wit Mary Dutchess of Parma was now dead her Eldest Son Lord Ranutio now Duke of Parma entred in her place and alledged that he represented his Mother and she her Father Lord Edward which Lord if he had been alive he should no doubt have been preferred before his Elder Sister Lady Elizabeth Mother of King Philip and consequently that the said Lord Edward's Issue ought to be preferred before her Issue and this he alledged against King Philip. And against the Dutchess of Bragansa he alledged that his said Mother was the Elder Sister and for that cause he which now possessed her Right and represented her Person was to be preferred before the said Lady Katharine Dutchess of Bragansa so that the Foundation of this pretence of the Duke of Parma was that he was Nephew to the Lord Edward by his eldest Daughter and that to King Emmanuel he was Nephew once removed by his Son whereas King Philip was Nephew but by his Daughter only and that the Lady Katharine of Bragansa was only second Daughter to the said Lord Edward But to this was answered for the same Lady Katharine First that she was born and bred in Portugal and therefore more to be favoured in this Action than either King Philip or the Duke of Parma which were foreign born And secondly against King Philip In particular she used the same argument that before the Duke of Parma had done which is that she was Daughter of Lord Edward son of King Emmanuel whose Right was better than his Sisters and consequently that his Children were to be preferred before the Child of his Sister in this pretence to wit before King Philip. And thirdly against the Duke of Parma she alledged that she was one degree nearer in propinquity o● Blood unto King Emmanuel and unto King Henry the Cardinal than the Duke of Parma was which was but Nephew and she Daughter to the said Lord Edward that was Brother to the said Lord Cardinal and Son of King Emmanuel And when for the Duke of Parma it was affirmed that he represented his Mothers place that was the elder Sister answer was made that no Representation was admitted in this case of the Succession to the Crown of Portugal but that every pretender was to be considered and taken in his own person only and to be preferred according to degree in propinquity of Blood to the former Princes and if it happened that they should be in equal degree then each party to be preferred according to the Prerogatives only of his person to wit the Man before the Woman and the Elder before the Younger And for that the Lady Catharine of Bragansa was nearer by one degree 〈◊〉 her Father Lord Edward than was the Duke of Parma who was but Nephew therefore she was to be preferred and many great Books were written by Lawyers in this Ladies behalf and her Right was generally held in Portugal to be preferred before the other of Pa●ma
both of the Blood Royal they are thought to have ab●sed themselves much by their Marriages with the two Knights Daughters Sir Richard Rogers and Sir John Spenser though otherwise both of them very worshipful but not their Matches in respect of their Kindred with the Crown yet doth the Alliance of S. John Spenser seem to bring many more Friends with it than that of Sir Richard Rogers by reason of the other Daughters of Sir John well married also to Persons of importance as namely the one to Sir George Carey Governour of the Isle of Wight who bringeth in also the Lord Hunsdon his Father Captain of Barwick two of the most important pieces that England hath And for that the said Lord Hunsdon and the Lady Knowles deceased were Brother and Sister and both of them Children to the Lady Mary Bullen Elder Sister to Queen Anne hereof it cometh that this Alliance with Sir George Carey may draw after it also the said House of Knowles who are many and of much importance as also it may do the Husbands of the other Daughters of Sir John Spencer with their adherents and followers which are neither few nor feeble all which wanteth in the Marriage of the Lord Beacham Another difference also in the ability of these two Lords is that the House of Seymers in State and Title of Nobility is much younger than the House of Stanleys for that Edward Seymer late Earl of Hartford and after Duke of Somerset was the first beginner thereof who being cut off together with his Brother the Admiral so soon as they were could not so settle the said House especially in the Alliance with the residue of the Nobility as otherwise they would and might have done But now as it remaineth I do not remember any Alliance of that House of any great moment except it be the Children of Sir Henry Seymer of Hampshire and of Sir Edward S●ym●r of Bery Pomery in Devonshire if he have any and of Sir John Smith of Essex whose Mother was Sister to the late Duke of Somerset or finally the Alliance that the late Marriage of the Earl of Hartford with the Lady Frances Howard may bring with it which cannot be much for so great a purpose as we talk of But the Earl of Darby on the other side is very strongly and honourably allied both by Father and Mother for by his Father not to speak of the Stanleys which are many and of good Power and one of them matched in the House of Northumberland his said Father the old Earl had three Sisters all well married and all have left Children and Heirs of the Houses wherein they were married for the elder was married first to the Lord Sturton and after to Sir John Arundel and of both Houses hath l●s● H●irs-male The second Sister was married to the Lord Mosley by whom she hath left the Lord that now is who in like manner hath matched with the Heir of the Lord Montegle who is likewise a Stanley And finally the third Sister was married to Sir Nicholas Poynes of Gloc●stershire and by him had a Son and Heir that yet liveth And this by his Fathers side but no less alliance hath this Earl also by the side of his Mother who being Daughter of George Clifford Earl of Cumberland by Lady Eleanor Niece of King Henry the VII the said Lord George had afterward by a second Wife that was Daughter of the Lord Dacres of the North both the Earl of Cumberland that now is and the Lady Wharton who hereby are Brother and Sister of the half Blood to the said Countess of Darby and the Dacr●s are their Uncles Besides all this the States and Possessions of the two foresaid Lords are far different for the purpose pretended for that the State of the Earl of Hartford is far inferior both for greatness situation wealth multitude of Subjects and the like for of that of the Stanleys doth depend the most part of the Shires of Lancaster and Chester and a good part of the North of Wales at least wise by way of observance and affection as also the Isle of M●n is their own and Ireland and Scotland is not far off where friendship perhaps in such a case might be offered and finally in this point of ability great oddes is there seen between the Lords As for their Religion I cannot determine what difference there is or may be between them The Lord Beacham by education is presumed to be a Protestant albeit some hold that his Father and Father in Law be more inclined towards the Puritans The Earl of Darby's Religion is held to be more doubtful so as some do think him to be of all three Religions and others of none and these again are divided in judgments about the event hereof for that some do imagine that this opinion of him may do him good for that all sides hereby may perhaps conceive hope of him but others do perswade themselves that it will do him hurt for that no side indeed will esteem or trust him so as all these matters with their events and consequences do remain uncertain But now will I pass to speak of the House of Clarence the chief Persons whereof and most eminent at this day are the Earl of Huntington and his Brethren the Hastings for that the Pooles and Barringtons are of far meaner condition and authority albeit the other also I mean the House of Hastings doth not seem to be of any great alliance for that albeit the old Earl of Huntington this Earl's Father had two Brethren the one Sir Thomas Hastings that married one of the Lord Henry Pooles Daughters named Montagne that was put to death which Daughter was Sister to this Earl's Mother and the other named Sir Edward Hastings was made Lord of Lowghborow by Queen Mary to whom he was first Master of the Horse and afterwards Lord Chamberlain neither of them having left issue and this is all I remember by his Fathers side except it be his own Brethren as hath been said of which Sir George Hastings is the chiefest By his Mothers side he hath only the Pooles whose Power as it is not great so what it is is rather like to be against him than with him partly for their difference from him in Religion and partly for preferment of their own Title upon the reasons before alledged By his own Marriage with the Daughter of the late Duke of Northumberland and Sister to the late Earls of Leicester and Warwick he was like to have drawn a very great and strong alliance if the said two Earls had lived and especially Sir Philip Sidney who was born of the other Sister of the present Countess of Huntington and his own Sister was married to the Earl of Pembroke that now is and himself to the Daughter of Sir Francis Walsingham Chief Secretary of the State by all which means and by all the affection and
power of the Party Puritan and much of the Protestant this Earl was thought to be in very great forwardness But now these great Pillers being failed and no Issue yet remaining by the said Countess his Wife no man can assure himself what the success will be especially seeing that of the three Bodies of different Religions before described it is thought that this Earl hath incurred deeply the hatred of the one and perhaps some jealousy and suspicion of the other but yet others do say and no doubt but that it is a matter of singular importance if it be so that he is like to have the whole Power of London for him which City did prevail so much in advancing the Title of York in King Edward the IV. his time as it made him King twice to wit once at the beginning when he first apprehended and put down King Henry the VI. and the second time when he being driven out of the Kingdom by his Brother the Duke of Clarence and Richard Earl of Warwick he returned from Flanders upon hope of the favour of the Londoners and was in deed received favoured and set up again by them especially and by the helps of Kent and other places adjoining and depending of London and so it may be that the Favourers of this Earl do hope the like success to him in time by this potent City For the Houses of Britanny and Portugal I shall joyn them both together for that they are strangers and the Persons thereof so nigh linked in kindred affinity and friendship as both their Titles Forces and Favours may easily be joyned together and imparted the one with the other as to themselves shall best appear convenient The Lady Infanta of Spain pretendent of the House of Britanny is eldest Daughter of King Philip as all the World knoweth and dearly beloved of him and that worthily as all men report that come from thence for that she is a Princess of rare parts both for Beauty Wisdom and Piety The two young Princes of Parma I mean both the Duke and his Brother the Cardinal are Imps in like manner of great expectation and divers ways near of kin to the said King for that by their Fathers side they are his Nephews that is the Children of his Sister and by their Mothers side almost as near for that they are Nephews of his Uncle Prince Edward Infant of Portugal In like nearness of Blood are the Dutchess of Bragansa and her Children unto the said King which Children are many as hath been shewed and all of that rare vertue and valour and of that singular affection unto the English Nation as it is wonderfull to hear what men write from those Parts and what others do report that have travelled Portugal and seen those Princes and tasted of their magnificent liberality so as I have heard divers rejoyce that are affected that way to understand that there do remain such Noble Off-spring yet in Foreign Countries of the true and ancient Blood Royal of England What the Powers and Possibilities of all these Princes of the House of Portugal be or may be hereafter for pursuing their Right shall not need to be declared in this place for that all the World doth know and see the same yet all seemeth to depend of the Head and Root which is the King of Spain himself and the young Prince his Son whose States and Forces how and where they lie what alliance friends subjects or followers they have or may have it is easy to consider but what part or affection of men they have or may have hereafter in England it self when time shall come for the determining of this matter no man can tell at this present and what Plots agreements compartitions or other conclusions may be made at that day time only must teach us so as now I know not well what to say further in this Affair but only commend it to God's High Providence and therefore I pray you quoth the Lawyer let me end with this only that already I have said and pardon me of my former promise to put my opinion or guess about future matters and what may be the success of these Affairs for besides that I am no Prophet or son of Prophet to know things to come I do see that the very circumstances of Conjecture which are the only Foundation of all Prophecy which in this case can be made are so many and variable as it is hard to take hold of any of them Thus he said and fain would have left off here but that the whole Company opposed themselves with great vehemency against it and said that he must needs perform his promise made at the beginning of this Speech to give his censure and verdict in the end what he thought would be the Success of all these Matters whereunto he answered that seeing no nay would serve he briefly quit himself by these few words following First of all said he my opinion is that this Affair cannot possibly be ended by any possibility moral without some War at least wise for some time at the beginning whereof my Reasons be these that do ensue This matter cannot be disputed and determined during the life of the Queen that now is without evident danger of her Person for the reasons that all men do know importing such perils as are wont to follow like cases of declaring Heirs apparent especially her Majesty the present possessor growing now to be old and without hope of Issue This declaration and determination of the Heir apparent to the Crown if it should be made now would move infinite humours and affections within the Realm and it were to stirr coals and to cast firebrands over all the Kingdom and further perhaps also which now lie raked up and hidden in the Embers This d●●●rmination though it should be made now by Parliament or Authority of the present Prince would not end or take away the root of the controversy for albeit some that should be passed over or put back in their pretences would hold their peace perhaps for the time present yet afterward would they both speak and spurn when occasion is offered This declaration now if it were made would be hurtful and dangerous for him that should be declared for on the one side it would put the Prince regnant in great jealousy and suspicion of him and on the other side would joyn and arm all the other pretenders and their favourers against him and so we read that of two or three only that in all our Histories are recounted to have been declared Heirs apparent to the Crown they being no Kings Children none of them ever came to reign as namely Duke Arthur of Britanny Roger Mortimer Earl of March and John de la Poole Earl of Lincoln and Henry Marquess of Exeter as before hath been declared Again the multitude of Pretenders being such as it is and their pretentions so
same House as descended by the daughter of the first Brother Edward Duke of York and King of England and then the Earl of Huntington and his generation as also the Pools Barringtons and others before named are or may be Titlers of York as descended of George Duke of Clarence second Son of Richard Duke of York all which Issue yet seem to remain only within the compass of the House of York for that by the former Pedegree of the House of Lancaster it seemeth to the favourers of this House that none of these other Competitors are properly of the Line of Lancaster for that King Henry the 7th coming only of John of Gaunt by Catharine Swinford his third Wife could have no part in Lady Blanch that was only Inheritor of that House as to these men seemeth evident Only then it remaineth for the ending of this Chapter to explain somewhat more clearly the descent of King Henry the 7th and of his Issue For better understanding whereof you must consider that King Henry the 7th being of the House of Lancaster in the manner that you have heard and marrying Elizabeth the eldest daughter of the contrary House of York did seem to joyn both Houses together and make an end of that bloudy controversie though others now will say no But howsoever that was which after shall be examined clear it is that he had by that marriage one only Son that left Issue and two daughters his Son was King Henry the 8th who by three several Wives had three Children that have reigned after him to wit King Edward the 6th by Queen Jane Seymer Queen Mary by Queen Catharine of Spain and Queen Elizabeth by Queen Anne Bullen of all which three Children no Issue hath remained so as now we must return to consider the Issue of his daughters The eldest daughter of King Henoy the seventh named Margaret was married by her first mariage to James the fourth King of Scots who had Issue James the fifth and he again Lady Mary late Queen of Scots and Dowager of France put to death not long ago in England who left Issue James the sixth now King of Scots And by her second marriage the said Lady Margaret after the death of King James the fourth took for husband Archibald Douglas Earl of Angus in Scotland by whom she had one only daughter named Margaret which was married to Matthew Steward Earl of Lenox and by him she had two Sons to wit Henry Lord Darly and Charles Steward Henry married the foresaid Lady Mary Queen of Scotland and was murthered in Edenbrough in the year 1566. as the World knoweth and Charles his Brother married Elizabeth the daughter of Sir William Candish in England by whom he had one only daughter yet living named Arabella another competitor of the Crown of England by the House of York and thus much of the first daughter of King Henry the seventh Mary the second daughter of King Henry the seventh and younger Sister to King Henry the eighth was married first to Lewis the XII King of France by whom she had no Issue and afterward to Charles Brandon Duke of Suffolk by whom she had two daughters to wit Frances and Eleanor the Lady Frances was married first to Henry Gray Marquess of Dorset and after Duke of Suffolk beheaded by Queen Mary and by him she had three daughters to wit Jane Catharine and Mary the Lady Jane eldest of the three was married to Lord Guilford Dudly Son to John Dudly late Duke of Northumberland with whom I mean with her Husband and Father in Law she was beheaded soon after for being proclaimes Queen upon the death of King Edward the sixth the Lady Catharine second daughter married first the Lord Henry Herbert Earl of Pembroke and left by him again she dyed afterward in the Tower where she was prisoner for having had two Children by Edward Seymer Earl of Hertford without sufficient proof that she was married unto him and the two Children are yet living to wit Henry Seymer commonly called Lord Beacham and Edward Seymer his Brother The Lady Mary the third Sister though she was betrothed to Arthur Lord Gray of Wilton and married after to Martin Keyes Gentleman-Porter yet hath she left no Issue as far as I understand This then is the end of the Issue of Lady Frances first of the two daughters of Queen Mary of France by Charles Brandon Duke of Suffolk for albeit the said Lady Frances after the beheading of the said Henry Lord Gray Duke of Suffolk her first Husband married again one Adrian Stokes her Servant and had a Son by him yet it lived not but dyed very soon after Now then to speak of the younger daughter of the said French Queen and Duke named Eleanor she was married to Henry Clifford Earl of Cumberland who had by her a daughter named Margaret that was married to Lord Henry Stanley Earl of Darby by whom she hath a plentiful Issue as Ferdinand now Earl of Darby William Stanley Francis Stanley and others and this is all that needeth to be spoken of these descents of our English Kings Princes Peers or Competitors to the Crown for this place and therefore now it resteth only that we begin to examine what different pretentions are fram'd by divers Parties upon these descents and Genealogies which is the principal point of this our discourse CHAP. IV. Of the great and general controversie and contention between the two Houses Royal of Lancaster and York and which of them may seem to have had the better Right to the Crown by way of Succession ANd first of all before I do descend to treat in particular of the different pretences of several persons and families that have issued out of these two Royal lineages of Lancaster and York it shall perhaps not be amiss to discuss with some attention what is or hath or may be said on both sides for the general controversie that lyeth between them yet undecided in many mens opinions notwithstanding there hath been so much stir about the same and not only writing and disputing but also fighting and murthering for many years And truly if we look into divers Histories Records and Authors which have written of this matter we shall find that every one of them speaking commonly according to the time wherein they lived for that all such as wrote in the time of the three Henries fourth fifth and sixth Kings of the House of Lancaster they make the title of Lancaster very clear and undoubted but such others as wrote since that time while the House of York hath held the Scepter they have spoken in a far different manner as namely Polydor that wrote in King Henry the VIII his time and others that have followed him since to take all right from the House of Lancaster and give the same to the House of York wherefore the best way I suppose will be not so much to consider
English Nobility to see them so greatly advanced above the rest as necessarily they must be if this Woman of their Lineage should come to be Queen which how the Nobility of England would b●ar is hard to say And this is as much as I have heard others say of this matter and of all the House of Scotland wherefore with this I shall end and pass over to treat also of the other Houses that do remain of such as before I named CHAP. VI. Of the House of Suffolk containing the Claims of the Countess of Darby and her Children as also of the Children of the Earl of Hartford IT hath appeared by the Genealogy set down before in the third Chapter and often-times mentioned since how that the House of Suffolk is so called for that the Lady Mary second Daughter of King Henry VII being first married to Lewis XII King of France was afterwards married to Charles Brandon Duke of Suffolk who being sent over to condole the death of the said King got the good will of the Widow-Queen though the common Fame of all men was That the said Charles had a Wife living at that day and divers years after as in this Chapter we shall examine more in particular By this Charles Brandon then Duke of Suffolk this Queen Mary of France had two Daughters first the Lady Frances married to Sir Henry Gray Marquess of Dorset and afterwards in the right of his Wife Duke also of Suffolk who was afterwards beheaded by Queen Mary And secondly Lady Eleanor married to Sir Henry Clifford Earl of Cumberland The Lady Frances elder Daughter of the Queen and of Charles Brandon had Issue by her Husband the said last Duke of Suffolk three Daughters to wit Jane Katharine and Mary which Mary the youngest was betrothed first to Arthur Lord Gray of Wilton and after left by him she was married to one M. Martin Keyes of Kent Gentleman-Porter of the Queens Houshold and after she died without Issue And the Lady Jane the eldest of the three Sisters was married at the same time to the Lord Guilford Dudley fourth Son to Sir John Dudley Duke of Northumberland and was proclaimed Queen after the death of King Edward for which act all three of them to wit both the Father Son and Daughter-in-law were put to death soon after But the Lady Katharine the second Daughter was married first upon the same day that the other two her Sisters were unto Lord Henry Herbert now Earl of Pembroke and upon the fall and misery of her House she was left by him and so she lived a sole Woman for divers years until in the beginning of this Queens days she was found to be with-child which she affirmed was by the Lord Edward Seymor Earl of Hartford who at that time was in France with Sir Nicholas Throgmorton the Embassador and had purpose and license to have travelled into Italy but being called home in hast upon this new accident he confessed that the Child was his and both he and the Lady affirmed that they were man and wife but for that they could not prove it by Witnesses and for attempting such a Match with one of the Blood Royal without Privity and License of the Prince they were Committed to the Tower where they procured Means to meet again afterward and had an other Child which both Children do yet live and the Elder of them is called Lord Henry Beacham and the other Edward Seymor the Mother of whom lived not long after neither married the Earl again until of late that he married the Lady Frances Howard Sister to the Lady Sheffield And this is all the Issue of the elder Daughter of Charles Brandon by Lady Mary Queen of France The second Daughter of Duke Charles and the Queen named Lady Eleanor was married to Henry Lord Clifford Earl of Cumberland and had by him a Daughter named Margaret that married Sir Henry Stanely Lord Strange and after Earl of Darby by whom the said Lady who yet liveth hath had Issue Ferdinando Stanley now Earl of Darby William and Francis Stanley And this is the Issue of the House of Suffolk to wit this Countess of Darby with her Children and these other of the Earl of Hartford of all whose Titles with their Impediments I shall here briefly give an account and reason First of all both of these Families do joyn together in this one point to exclude the House of Scotland both by foreign Birth anh by the aforesaid Testament of King Henry authorized by two Parliaments and by the other Exclusions which in each of the titles of the King of cots and of Lady Arabella hath been before-alledged But then secondly they come to vary between themselves about the Priority or Propinquity of their own Succession for the Children of the Earl of Hartford and their Friends do alledge That they do descend of Lady Frances the elder Sister of Lady Eleanor and so by Law and Reason ought to be preferred But the other House alledgeth against this two Impediments the one That the Lady Margaret Countess of Darby now living is nearer by one degree to the Stem that is to King Henry VII then are the Children of the Earl of Hartford and consequently according to that which in the former fourth Chapter hath been declared she is to be preferred albeit the Children of the said Earl were legitimate Secondly they do affirm That the said Children of the Earl of Hartford by the Lady Katharine Gray are many ways illegitimate First for that the said Lady Katharine Gray their Mother was lawfully married before to the Earl of Pembroke now living as hath been touched and publick Records do testifie and not lawfully separated nor by lawful authority nor for just Causes but only for temporal and worldly respects for that the House of Suffolk was come into misery and disgrace whereby she remained still his true Wife and before God and so could have no lawful Children by any other whiles he yet lived as yet he doth Again they prove the illegitimation of these Children of the Earl of Hartford for that it could never be lawfully proved that the said Earl and the Lady Katharine were married but only by their own assertions which in Law is not holden sufficient for which occasion the said pretended Marriage was disannulled in the Court of Arches by publick and definitive Sentence of Doctor Parker Archbishop of Canterbury and Primate of England not long after the Birth of the said Children Furthermore they do add yet another Bastardy also in the Birth of Lady Katharine her self for that her Father Lord Henry Gray Marquess of Dorset was known to have a lawful Wife alive when he married the Lady Frances Daughter and Heir of the Queen of France and of Charles Brandon Duke of Suffolk and Mother of this Lady Katharine for ob●aining of which said Marriage the said Marquess put away his foresaid
it happeneth And as for the second point of Foreign Birth they say there hath been sufficient answer before in treating of the House of Scotland that in rigour it is no bar by intention of any English Law yet whether in reason of State and politick Government it may be a just impediment or no it shall after be handled more at large when we come to treat of the House of Portugal To the last point of Religion they answer that this impediment is not universal nor admitted in the Judgment of all men but only of those English that be of different Religion from her But to some others and those many as these men do ween her Religion will rather be a motive to favour her Title then to hinder the same so that on this ground no certainty can be builded and this is as much as I have to say at this time of these two Families of Clarence and Britany CHAP. VIII Of the House of Portugal which containeth the Claims as well of the King and Prince of Spain to the succession of England as also of the Dukes of Parma and Bragansa by the House of Lancaster IT hath been oftentimes spoken before upon occasions offered that the Princes of the House of Portugal at this day do perswade themselves that the only remainder of the House of Lancaster resteth among them as the only true Heirs of the Lady Blanch Dutchess and Heir of Lancaster and first Wife of John of Gaunt which point of these Princes descents from the said Dutchess of Lancaster though it be declared sufficiently before in the third and fourth Chapters yet will I briefly here also set down and repeat again the reasons thereof which are these that follow John of Gaunt was Duke of Lancaster by the right of his first Wife Lady Blanch and had by her only one Son as also one Daughter of whom we need here to speak for that the other hath left no Issue now living The Son was King Henry the 4th who had Issue King Henry the 5th and he again Henry the 6th in whom was extinguished all the succession of this Son Henry The daughter of John of Gaunt by Lady Blanch was called Philippa who was married to John the first King of that name of Portugal who had Issue by him King Edward and he again had Issue King Alfonsus the fifth King of Portugal and he and his off-spring had Issue again the one after the other until our times and so by this marriage of Lady Philippa to their first King John these Princes of the House of Portugal that live at this day do pretend that the Inheritance of Lancaster is only in them by this Lady Philippa for that the succession of her elder Brother King Henry the fourth is expired long ago This in effect is their pretence but now we will pass on to see what others say that do pretend also to be of the House of Lancaster by a latter marriage John of Gaunt after the death of his first Wife Lady Blanch did marry again the Lady Constance daughter of King Peter surnamed the Cruel of Castile and had by her one daughter only named Catharine whom he married afterward back to Castile again giving her to Wife to King Henry the third of that name by whom the 〈◊〉 Issue King John and he others so as lineally King Philip of Spain is descended from her which King Philip being at this day King also of Portugal and chief Titler of that House unto England he joy 〈◊〉 the Inheritance of both the two daughters of John of Gaunt in one and so we shall not need to talk of these two daughters hereafter distinctly but only as of one seeing that both their descents do end in this one man The only difficulty and dissention is then about the Issue of the third marriage which was of John of Gaunt wi●h Lady Catharine Swinford whom he first kept as a Concubine in the time of his second Wife Lady Constance as before hath been shewed in the third Chapter and begat of her four Children and after that his Wife Lady Constance was dead he took her to Wife for the love he bare to his Children a little before his death and caused the said Children to be legitimated by Authority of Parliament and for that none of these four Children of his have left Issue but only one that was John Earl of Somerset we shall speak only of him omitting all the rest This John then Earl of Somerset had Issue another John which was made Duke of Somerset by King Henry the sixth who with his three Sons were slain by the Princes of the House of York in the quarrel of Lancaster and so left only one daughter named Margaret who by her Husband Edmond Tudor Earl of Richmond was Count●ss of Richmond and had by him a Son named Henry Earl of Richmond that was after King by the name of King Henry the seventh and from him all his descendents both of the House of Scotland and Suffolk do pretend also to be of the House of Lancaster which yet can be no otherwise then now hath been declared to wit not from Blanch first Wife and Heir of the Dutchy of Lancaster but from Catharine Swinford his third Wife wherein riseth the question whether those men I mean King Henry the seventh and his descendents may p●●perly be said to be of the true House of Lancaster or no Whereunto some do answer with a distinction to wit that to the Dutchy of Lancaster whereof the first Wife Lady Blanch was Heir these of the third marriage cannot be Heirs but only the remainder of the Issue of the said Lady Blanch that resteth in the Princes of the House of Portugal But yet to the Title of the Crown of England which came by John of Gaunt himself in that he was third Son of King Edward the third and eldest of all his Children that lived when the said King Edward died by which is pretended also that he should have succeeded immediately after him before King Richard the second as before in the fourth Chapter hath been declared to this Right I say and to this Interest of the Crown which came by John of Gaunt himself and not by Lady Blanch or by any other of his Wives the descendents of King Henry the seventh do say that they may and ought to succeed for that John Earl of Somerset eldest Son of John of Gaunt by Lady Catharine Swinford though he were begotten out of matrimony yet being afterward made legitimate he was to inherit this right of John of Gaunt his Father before the Lady Philippa his Sister for that so we see that King Edward the sixth though younger and but half-brother unto the Lady Mary and Elizabeth his Sisters yet he inherited the Crown before them and in like manner is Lord Philip Prince of Spain at this day to inherit all the
succeeded by Right of the House of Lancaster immediately after King Henry the sixth And the Lady Margaret alledgeth That she was descended from John Earl of Somerset that was a man and therefore ●o be preferred And King Alfonsus alledged That he being in equal degree of nearness of Bloud with the same Countess for that both were Nephews was to be preferred before her for that he was a man and of the whole Bloud to the last Kings of the House of Lancaster and that she was a woman and but of the half Bloud so that three Prerogatives he pretended before her First That he was a man and she a woman Secondly That he descended of the lawful and elder Daughter and she of the younger Brother legitimated And thirdly That he was of whole Bloud and she but of half And for better fortifying of this proof of his Title these men do alledge a certain Case determined by the Learned of our days as they say wherein for the first of these three Causes only the Succession to a Crown was adjudged unto King Philip of Spain to wit the Succession to the Kingdom of Portugal which Case was in all respects correspondent to this of ours For that Emmanuel King of Portugal had three Children for s● much as appertaineth to this Affair for afterward I shall treat more particularly of his Issue that is to say two Sons and one Daughter in this order John Elizabeth and Edward even as John of Gaunt had Henry Lady Philippa and John Prince John of Portugal first Child of King Emmanuel had Issue another John and he had Sebastine in whom ●he Line ●f John the first Child was extinguished But Jo●n's Sister Elizabeth was married to Char●●s the Emperour and had Issue King Philip of Spain that now liveth Edward also younger Brother to Elizabeth or Isabel had Issue two Daughters the one married to the Duke of Parma and the other to the Duke of Bargansa so as King Philip was in equal degree with these Ladies in respect of King Emmanuel for that he was Son to his eldest Daughter and the two Dutchesses were Daughters to his younger Son And upon this rested the Question Which of these should succeed and ●● was decided That it appertaineth unto King Philip for that he was a man and his Mother was the elder Sister though if King Philip's Mother and the two Dutchesses Father I mean Lord Edward of Portugal had been alive together no doubt but that he being a man should have born it away which these men say holdeth not in our Case but it is much more to our advantage for that it hath been shewed before that if Queen Philippa had been alive with John Earl of Somerset at the death of King Henry the sixth she should have been preferred as legitimate by Birth and therefore much more ought her Nephew King Alfonsus to have been preferred afterward in that he was a man before the Neece of the said John Earl of Somerset that was but a Woman Thus far they And besides all this they do add as often before I have mentioned that King Alfonsus was of the whole Bloud unto all the three King Henries of the House of Lancaster and the Countess of Richmond was but of the half bloud And for more strengthening of this Argument they do say further that besides that Interest or Right to the Crown which King Henry the fourth who was the first King of the House of Lancaster had by his Father John of Gaunt in that the said John was third Son of King Edward the third the said King Henry had divers other interests also which came of himself only and not from his said Father as were for example his being called into the Realm by general voice of all the people his right gotten by Arms upon the evil Government of the former King the personal resignation and delivery of the Kingdom by solemn instrument made unto him by King Richard his Election also by Parliament and Coronation by the Realm and finally the quiet Possession of him and his Posterity for almost sixty years with many Confirmations of the whole Realm by divers Acts of Parliament Oaths and and other Assurances as the World knoweth So many I mean and so authentical as could possibly be devised or given And besides all this that when King Richard was dead he was next in degree of Propinquity unto him of any man living for that the Sons of Roger Mortimer were two degrees further off than he as hath been shewed before All which particular Rights and Interests were peculiar to Henry the fourth's person and were not in his Father John of Gaunt and therefore cannot possibly descend from him to the Issue of John Earl of Somerset but must pass rather to the Issue of King Henry s true Sister the Queen Philippa of Portugal And this though it be supposed that otherwise it might be granted as they say it may not that John Earl of Somorset and his Successors might succeed to John of Gaunt before Lady Philippa which thing say these men if it should be granted yet cannot he succeed to King Henries the fourth fifth and sixth that descended of Blanch. And this is in effect all that I have heard disputed about this point what Line is true Heir to the House of Lancaster to wit whether that of John Earl of Somerset born of Katharine Swinford from whom descendeth King Henry the seventh and his Posterity or else that of Queen Philippa of Portugal born of Lady Blanch from whom are come the foresaid Princes of Portugal But now it remaineth to examine somewhat in this place also what and who are these Princes of the House of Portugal so often named before and what pretence of Succession they and every of them have or may have unto the Crown of England For better understanding whereof it shall be needful to explain somewhat more at large the foresaid Pedigree of King Emmanuel of Portugal who albeit by divers Wives he had many Children yet six only that he had by one Wife of whom there remaineth hitherto Issue are those which may appertain unto our purpose to speak of in respect of any pretence that may be made by them towards England supposing always which is most true that the said King Emmanuel was descended lineally as true and direct Heir from the foresaid Lady Philippa Queen of Portugal that was Daughter of John of Gaunt by his first Wife Lady Blanch Dutchess and Heir of the Dukedom of Lancaster and Sister to King Henry the fourth first King of the House of Lancaster so as by her doth or may pretend the whole Posterity of the said King Emmanuel unto whatsoever the said Phillippa might Inherit from her Father or Mother or from her said Brother King of England or his Posterity The six Children then of King Emmanuel were these following and each of them born as here they are set down first Prince