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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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goodly monasteries and churches and dying left as famous a sonne behynde him as himself which was Edward the first surnamed the senior or elder This king Edward dying left two sonnes lawfully begotten of his wife Edgina the one named Prince Edmund and the other Eldred a third illegitimate whose name vvas Adelstan whom he had by a concubine But yet for that this man vvas estemed to be of more valor then the other he was preferred to the crowne before the two other Princes legittimate for so restifieth Polidor in thes wordes Adelstanus ex concubina Edwardi films rex a populo consalutatur atque ad king stonum opidum more maiorum ab Athelmo Cautuariensi Archiepiscopo coronatur vvhich is Adelstan the sonne of king Edward by a concubine vvas made king by the people and vvas crowned according to the old custome by Athelme Archbishop of Caterbury at the towne of kingston Thus far polidor and Stow addeth further thes words His coronation was celebrated in the market place vppon a stage erected on high that the king might better be seene of the multitude he was a Prince of worthy memorie valiant and wife in al his acts brought this land into one perfect monarchie for he expelled vtterly the danes and quieted the welchme Thus much Stow of the successe of chusing this king bastard to reigne To whose acts might be added that he conquered Scotland and brought Constantine their king to do him homage and restored Luys d'Outremer his sisters sonne to the kingdome of France as before hath bin signified This man dying without issue his lawful brother Edmond put back before was admitted to the crowne who being of excellent expectation died after 6. yeares and left two lawful sonnes but yet for that they were yonge they were both put back by the realme and their vncle Eldred was preferred before them so faith Polidor Genuit Edmondus ex Egilda vxore Fduinum Edgarum qui cum etate pueri essent post Eldredum deinde regnarunt King Edmond begat of his wife Egilda two sonnes named Edwin and Edgar who for that they were but children in yeares were put back and reigned afterward after ther vncle Eldred The like saith Stow and yealdeth the same reason in thes wordes Eldred succeded Edmōd his brother for that his sonnes Edwin and Edgar were thought to yong to take so great a charge vppon them This Eldred though he entred as you see against the right of the nephewes yet saith Polidor and Stow that he had al mens good will and was crowned as his brother had bin at kingston by Odo Archbishop of Canterbury and reigned 9. yeares with great good wil and praise of al men He dyed at last without issue and so his elder nephew Edwin vvas admitted to the crowne but yet after foure yeares he was deposed agayne for his leude and vitious life and his yonger brother Edgar admitted in his place in the yeare of Christ 959. This king Edgar that entred by deposition of his brother vvas one of the rarest princes that the world had in his tyme both for peace and vvar iustice pietye and valor Stow sayeth he kept a nauie of three thousand and 6. hundreth shippes distributed in diuers partes for defence of the realme Also that he buylt and restored 47. monasteries at his owne charges and did other many such acts he vvas father to king Edward the martir grand father to king Edward the confessor though by two different wiues for by his first wife named Egilfred he had Edward after martirized and by his secōd vvife Alfred he had Etheldred father to Edvvard the confessor to the end that Etheldred myght raigne his mother Alfred caused King Edward the sonue of Egilfred to be stayne after king Edgar her husband was dead After this so shameful murther of king Edward many good men of the realme vvere of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of king Edward his elder brother cōmitted for his sake as also for that he semed a man not fir to gouerne and of this opinion among others vvas the holy man Dunston archbishop of Canterbury as Polidor sayeth who at length in flat words denyed to consecrate him but seing the most part of the realme bent on Etheldreds side he foretould them that it would repent them after and that in this mās life the realme should be destroyed as in deede it vvas and he rann away to Normandy and left Sweno and his danes in possession of the realme though afterward Sweno being dead he returned agayne and dyed in London This Etheldred had two wiues the first Ethelgina an Inglish womā by whom he had prince Edmund surnamed Ironside for his great strength and valor vvho suceeded his father in the crowne of Ingland for a yeare and at his death left two sonnes which after shal be named and besides this Etheldred had by his first wife other two sonnes Edwin and Adelston and one daughter named Edgina al which were ether slayne by the danes or dyed without issue The secōd wife of Etheldred was called Emma sister to Richard Duke of Normandie vvho was grand father to William the conqueror to witt father to Duke Robert that was father to VVilliam so as Emma vvas great aunt to this VVilliam and she bare vnto king Etheldred two sonnes the first Edward who was afterward named king Edward the Confessor and Alerud who was slayne traiterously by the Earle of kent as presently we shal shew After the death also of king Etheldred Queene Fmma was maried to the Dane king Canutus the first of that name surnamed the great that was king of Ingland after Etheldred Edmond Ironside his sonne and to him she bare a sonne named Hardicanutus vvho reigned also in Ingland before king Edvvard the Confessor New then to come to our purpose he that wil consider the passing of the crowne of Ingland from the death of Edmonde Ironside elder sonne of king Eltheldred vntil the possession therof gotten by VVilliam Duke of Normandie to wit for the space of 50. yeares shal easely see what authority the common wealth hath in such affaires to alter titles of succession according as publique necessity or vtility shal require for thus briefly the matter passed King Eltheldred seing himselfe to vveake for Sweno the king of Danes that vvas entred the land fled with his wife Emma and her two children Edward and Alerud vnto her brother Duke Richard of Normandie ther remayned vntil the death of Sweno and he being dead Etheldred returned into Ingland made a certayne agrement and diuision of the realme betweene him Canutus the sonne of Sweno and so dyed leauing his eldest sonne Edmond Ironside to succed him who soone after dying also left the whole realme to the said Canutus and that by playne couenant as Canutus pretended that
good king and much commended by S. Isiodorus Arch bishop of Siuil who yet in the said councel vvas the first man that subscribed to his depriuation After the entrance of the moores also when Spayne vvas reduced agayne to the order gouerment of Spanish kings vve read that about the yeare of Christ 1282. one Don Alonso the eleuenth of that name king of Castile Leon succeded his father Fernando surnamed the sainct and himselfe obteyned the surname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning peculier skil in that arte as may vvel appeare by the Astronomy tables that at this day go vnder his name which are the most prefect and exact that euer vvere set forth by iudgment of the learned This man for his euel gouerment and espetially for tyranny vsed towards two nephews of his as the spanish Chronicler Garauay writeth vvas deposed of his kingdome by a publique acte of parlament in the towne of Valliodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth vvas crowned in his place vvho for his valiant actes was suruamed el brauo and it turned to great commodity of the common wealth The same common vvealth of Spayne some yeares after to wit abont the yeare of Christ 1368. hauing to their king one Don Pedro surnamed the cruel for his iniurious proceding with his subiects though otherwise he were lawfully seased also of the crowne as sonne and heyre to king Don Alonso the twelfth and had reygned among them 18. yeares yet for his euel gouerment they resolued to depose him and so sent for a bastard brother of his named Henry that liued in France requesting him that he would come with some force of french men to assist them in that acte and take the crowne vppon him self which he did and by the help of the Spaniards and Frēch souldiars he draue the said Peter out of Spaine and himselfe vvas crowned And albeit Edward surnamed the black Prince of Ingland by order of his father king Edward the third restored once agayne the said Peter yet vvas it not durable for that Henry hauing the fauour of the Spaniards returned agayne and depriued Peter the second tyme and slew him in fight hand to hād which made shew of more particuler fauour of God in this behalfe to Henry and so he remayned king of Spayne as doth also his progenie inioye the same vnto this day though by nature he vvas bastard as had bin said and not withstanding that king Peter left two daughters vvhich vvere led awaye into Ingland and ther maryed to great Princes And this king Henry so put vp in his place vvas called king Henry the secōd of this name and proued a most excellent king and for his great nobility in conuersation and prouesse in chiualry vvas called by excellency El cauallero the kinghtly king and for his exceding benignity and liberality vvas surnamed also el dela mercedes which is to say the king that gaue many giftes or the liberal franck and bounteful king which was a great change from the other surnamed cruel that king Peter had before so you see that alwayes I gyue you a good king in place of the bad deposed In Portugal also before I goe out of Spayne I wil alleage you one example more which is of Don Sancho the secōd surnamed Capelo fourth king of Portugal lawful sonne and heyre vnto Don Alonso surnamed el Gardo who whas third king of Portugal This Don Sancho after he had raigned 34. yeares was deptiued for his defects in gouerment by the vniuersal consent of al Portugal this his first depriuation from al kingly rule and authority leauing him only the bare name of king vvas approued by a general councel in Lions pope Innocentius the 4. being ther present who at the petition instāce of the vvhole realme of Portugal by their Embassadors the Archbishop of Braga bishop of Comibra and diuers of the nobility sent to Lyons for that purpose did authorize the saide state of Portugal to put in supreme gouerment one Don Alonso brother to the said king Don Sancho vvho was at that tyme Earle of bullen in Picardy by right of his wife and so the Portugales did further also a lytle after they depriued their said king and did driue him out of his realme into Castilla wher he liued al the rest of his life in banishment and dyed in Toledo without euer returning and this decree of the councel and Pope at Lyons for authorizing of this fact is yet extant in our Canon law in the sixt booke of Decretals now in prynt And this king Don Alonso the third vvhich in this 〈◊〉 was put vp against his brother was peaceably prosperously king of Portugal al the dayes 〈◊〉 his lyfe he was a notable king amōg other great exployres he vvas the first that set Portugal free from al subiection dependence and homage to the kingdome of Castile vvhich vnto his tyme it had acknowledged and he left for his successor his sonne and heyre Don 〈◊〉 Fabricador to wit the great buylder for that 〈◊〉 buylded and founded aboue forty and 〈◊〉 great townes in portugal and was a most 〈◊〉 Prince and his ofspring ruleth in Portugal vnto this day Infinite other examples could I alleage if would examyne the lyues and discentes of 〈◊〉 and other kingdomes with their Princes and namely if I would speake of the Greeke Emperors depriued fortheir euel gouerment not so much by populer mutyny which often happened among them as by consent and grane deliberation of the whole state and wealpublique as Michael Calaphates for that he had troden the Crosse of Christ vnder his feete and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like wherof I might name many but it would be to longe What should I name heere the deposition made of Princes in our dayes by other commō wealthes as in Polonia of Henry the third that was last king of France before that had bin sworne king of Polonia of which crowne of Polonia he vvas depriued by publique acte of parlament for his departing thence vvithout licence and not returning at his day by the said state appoynted and deuounced by publique lettres of peremptory commaundedmēt which are yet extant What should I name the depriuations of Henry late king of Suetia vvho being lawful successor and lawfully in possession after his father Gustauus vvas yet put downe by that common vvealth and depriued and his brother made king in his place who if you remember was in Ingland in the beginning of this Queenes reigne whose sonne reygneth at this day is king also of Polonia and this fact was not only allowed of at home
discended from king VVilliam the Cōqueror by his eldest daughter lady Cōstance as also by diuers other participations of the blood royal of Ingland as aftervvards vvil appeare Now then to come to the second daughter of king VVilliam the Conqueror or rather the third for that the first of al vvas a Nonne as before hath byn noted her name vvas Adela or Alis as hath bin saide and she vvas marryed in France to Stephen counte Palatin of Champagne Charters and Bloys by whom she had a sonne called also Stephen vvho by his grand mother was earle also of Bollayne in Picardie and after the death of his vncle king Henry of Ingland vvas by the fauour of the Inglish nobility and especially by the helpe of his owne brother the Lord Henry of Bloys that vvas Bishop of Winchester and iointly Abbot of Glastenbury made kinge of England and this both in respect that Mathilda daughter of king Henry the first was a woman and her sonne Henry duke of Anjou a very childe one degree farther of from the Conqueror and from kings Rufus then Stephen vvas as also for that this king Henry the first as hath bin signified before vvas iudged by many to haue entred vvrongfully vnto the crowne and therby to haue made both himselfe and his posterity incapable of succession by the violence vvhich he vsed against both his elder brother Robart and his nephew duke VVilliam that vvas sonne and heyte to Robert vvho by nature and law were bothe of them held for soueraintes to Iohn by those that fauored them and their pretentions But yet howsoeuer this were we see that the duke of Britany that liued at that day should euidently haue succeded before Stephen for that he was discended of the elder daughter of the Conqueror and Stephen of the yonger though Stephen by the commodity he had of the neernes of his porte and hauen of Bullayne vnto Ingland as the French stories do saye for Calys vvas of no importance at that tyme and by the frendship and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry and especially by the help of his brother the Bishop and Abbot as hath bin said he gat the start of al the rest and the states of Ingland admitted him This man although he had two sonnes namely Eustachius duke of Normandy and William earle of Norfolk yet left they no issue And his daughter Marie was maried to mathew of Fladers of whom if any issue remaines it fell afterward vppon the house of Austria that succeded in those states To king Stephen who left no issue succeded by compositiō after much warre Henry duke of Aniou sonne and heyre to Mathilda before named daughter of Henry the first which Henry named afterward the second tooke to wife Elenor daughter and heyre of VVilliam duke of Aquitaine earle of Poytiers which Elenor had bin marryed before to the king of France Lewis the 7. and bare him two daughters but vppon dislike conceaued by the one against the other they were deuorced vnder pretēce of being within the fowerth degree of consanguinitye and so by second marriage Elenor vvas vvife to this said Henry who afterward was king of Ingland by name of K. Henry the fecōd that procured the deathe of Thomas Becket archebishope of Canterbury and vvas both before and after the greatest enimye that euer Lewis the king of France had in the vvorld and much the greater for his marriage by vvhich Henry vvas made far stronger for by this woman he came to be duke of al Aquitaine that is of Gascony and Guyene and earle of al the coūtrey of Poytiers wheras beforealso by his fathers inheritance he vvas duke both of Anjou Tourayne and Mayne by his mother Mathilda king Henries daughter of Ingland he came to be king of Ingland duke of Normandie and by his owne industry he gat also to be lord of Ireland as also to bring Scotland vnder his homage so as he enlarged the kingdome of Ingland most of any other king before or after him This king Henry the second as Stow reconteth had by Lady Elenor fyue sonnes and three daughters His eldest sonne vvas named VVilliam that dyed yonge his seconde vvas Henry vvhom he caused to be crowned in his owne life tyme vvherby he receaued much trouble but in the end this sonne died before his father without issue His third sonne vvas Richard surnamed for his valour Cor de leon who reigned after his father by the name of Richard the first and died vvithout issue in the yeare of Christ 1199. Hys fovverth sonne named Geffrey maried lady Constance daughter and heyre of Britanie as before hath bin said and dying left a sonne by her named Arthur which vvas duke of Britanie after him and pretended also to be king of Ingland but vvas put by it by his vncle Iohn that tooke him also prisoner and kept him so in the castel first of fallaise in Normandie and then in Roan vntil he caused him to be put to death or slew him vvith his owne hands as Frēch stories vvrite in the yeare 1204. This duke Arthur left behind him two sisters as Stow writeth in his chronicles but others write that it was but one and at least wise I fynde but one named by the french stories which vvas Elenor whom they saye king Iohn also caused to be muthered in Ingland a a litle before her brother the duke vvas put to death in Normandie and this was the end of the issue of Geffrey whose vvife Constance duchesse of Britanie marryed againe after this murther of her children vnto one Guy Vicond of Touars and had by him two daughters wherof the eldest named Alis was duchefse of Britanie by vvhome the race hath bin continued vnto our tyme. The fift sonne of king Henry the second was named Iohn who after the death of his brother Richard by help of his mother Elenor and of Hubert Archbishop of Canterbury drawen therunto by his said mother gat to be king and put back his nephew Arthur vvhom king Richard before his departure to the war of the holy land had caused to be declared heyre apparent but Iohn preuayled and made away both nephew and Neece as before hath bin saide for which fact he vvas detested of many in the world abroade and in France by acte of parlament depriued of al the states he had in those partes Soone after also the pope gaue sentence of depriuation against him and his owne barons tooke armes to execute the sentence and finally they deposed both him and his yong sonne Henry being then but a child of 8. yeares old and this in the 18. yeare of his reigne and in the yeare of Christ 1215. and Levvis the 8. of that name prince at that tyme but afterward king of France was chosen king of Ingland sworne in Londō and
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