by al the states of that counttey but also a broad as namely of Maximilian the Emperor and approued also by the king of Denmarke and by al the Princes of Germany neere about that realme who saw the resonable causes which that common wealth had to proceed as it did And a litle before that the like was practised also in Denmarke agaynst Cisternus ther lawful king if we respect his discent in blood for he vvas sonne to king Iohn that reigned a fore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he vvas depriued and driuen into banishment together with his vvife and three children al vvhich were disinherited his vncle Frederik Prince of Holsatia vvas chosen king whose progeni yet remayneth in the crowne the other though he were marryed to the sister of Charles the fifth last Emperor of that name and vvere of kyn also to king Henry the eight of Ingland yet could he neuer get to be restored but passed his tyme miserably partly in banishment and partly in prison vntil he dyed But it shal be best perhapps to ende this narration with an example or two out of Ingland it selfe for that no where els haue I read more markable accidents touching this poynt then in Ingland and for breuity sake I shal touch only two or three happened since the cōquest for that I wil go no higher though I might as appeareth by the exāple of K. Edwin others nether vvil I beginne to stand much vppon the example of king Iohn though wel also I might for that by his euel gouerment he made himselfe both so odious at home contemptible abroade hauing lost Normandy Gascony Guyenne and al the rest in effect which the crowne of Ingland had in France as first of al he vvas both excommunicated and deposed by sentence of the pope at the sute of his owne people and vvas inforced to make his peace by resigning his crowne into the handes of Pandulfe the popes legate as Polidor recounteth and afterwards faling back agayne to his old defects and naughtie gouerment albeit by his promise to the pope to go and make warr against the Turkes if he might be quiet at home and that his kyngdome should be perpetually tributary to the sea of Rome he procured him to be of his side for a tyme and against the Barōs yet that stayed not them to proceed to his depriuation which they did effectuate first at Canterbury and after at London in the eighteenth last yeare of king Iohns reigne and meant also to haue disinherited his sonne Henry which vvas afterward named king Henry the third and at that tyme a childe of eight yeares old only and al this in punishement of the father yf he had liued and for that cause they called into Ingland Lodouick the Prince of France sonne to king Philip the second and father to Saynt Lewis the nynth and chose him for their king and did sweare him fealtye with general consent in London the yeare of our Lord 1216. And but that the death of king Iohn that presently ensued altered the vvhole course of that designment and moued them to turne their purposes and accept of his sonne Henry before matters were fully established for king Lodowick it vvas most likely that France and Ingland would haue bin ioyned by thes meanes vnder one crowne But in the end as I haue said king Henry the third vvas admitted and he proued a very wor thi king after so euel as had gon before him and had bin deposed which is a circumstance that you must alwayes note in this narration and he reigned more yeares then euer king in Ingland did before or after him for he reigned ful 53. yeares left his sonne heyre Edward the first not inferior to himselfe in manhode vertue vvho reigned 34. yeares and left a sonne named Edward the second vvho falling into the same defects of gouerment or vvorse then king Iohn his great grandfather had donne was after 19. yeares reigne deposed also by act of parlament holden at London the yeare 1326. his body adiudged to perpetual prison in which he was at that present in the castle of vvallingford vvherher diuers both bishops Lordes knights of the Parlament vvere sent vnto him to denounce the sentence of the realme agaynst him to wit how they had deptiued him and chosen Edward his sonne in his place for vvhich act of choosing his sonne he thanked them hartely and vvith many teares acknowledged his owne vnwoorthines wheruppon he was digraded his name of king first taken from him and he appoynted to be called Edward of Carnaruan from that howre forward and then his crowne and ring were taken away and the steward of his house brake the stafe of his office in his presence and discharged his seruants of their seruice and al other people of ther obedience or allegeance toward him and towardes his mayntenance he had only a hundreth markes a yeare allowed for his expences and then was he delyuered also into the hands of certayne particuler keepers vvho led him prisoner from thence by diuers other places vsing him with extreme indignity in the way vntil at last they tooke his life from him in the castle of Barkley and his sonne Edward the third reigned in his place who if we respect eyther valor provvesse length of reigne acts of cheualry or the multitude of famous Princes his children left behinde him vvas one of the noblest kinges that euer Inglād had though he were chosen in the place of a very euel one as you haue séen But vvhat shal we say is this worthines vvhich God giueth commōly to the successors at thes changes perpetual or certayne by discēt no truly nor the example of one Princes punishment maketh an other to beware for the next successor after this noble Edward vvhich vvas king Richard the second though he were not his sonne but his sonnes sonne to wit sonne and heyre to the excellent and renounced black Prince of vvales this Richard I say forgetting the miserable end of his great grand father for euel gouerment as also the felicity and vertue of his father and grand father for the contrary suffered himselfe to be abused and misled by euel councellors to the great hurte disquietnes of the realme For vvhich cause after he had raigned 22. yeares he was also deposed by act of parlamāt holden in London the yeare of our Lord 1399. and condemned to perpetual prison in the castel of Pomfret vvher he was soone after put to death also and vsed as the other before had bin and in this mānes place by free electiō was chosen for king the noble knight Henry Duke of Lācaster who proued afterwards so notable a king as the world knoweth and vvas father to king Henry the fifth surnamed commonly the Alexander of Ingland for that
by confirmation of the commō wealth they were made lawful vvithout controuersie Fiftly they say that if we consider the fowre king Heuryes that haue bin of the house of Lancaster to vvit the 4. 5. 6. and 7. and do compare thē vvith the other fower that haue bin of the house of York to wit Edward the fourth Richard the third Henry the eight Edward the sixt al their acts both at home abroade vvhat quietnes or troobles haue passed what the common wealth of Ingland hath gotten or lost vnder each of them vve shal finde that God hath seemed to prosper and allow much more of those of Lancaster then of those of Yorke for that vnder those of Lancaster the realme hath enioyed much more peace and gayned far greater honor and enlarged more the dominions of the crowne then vnder those of Yorke and that it had done also much more if the seditions rebellions and troobles raysed and brought in by the princes of the house of Yorke had not hindered the same as saye these men it vvas euidently seene in the tyme of king Henry the sixt when their contention against the princes of the house of Lancaster vvas the principal cause vvhy al the English states in France vvere lost and what garboiles and troubles at home haue ensued afterwards and how infinite murthers and man slaughters vvith chainge of nobility haue bin caused hereby and increased aftervvard vnder the gouerment and rule of the princes of Yorke neadeth not say these men to be declared One thing only they note in particuler vvhich I vvil not omit and let it be the sixt note and that is that the princes of Yorke haue not only bin rigorous and very bloody vnto their aduersaires but also among themselues and to their owne kynred vvhich these men take to be a iust punishment of God vppon them And for proofe heerof they alleage first the testimonie of Polydor vvho albeit he vvere a great aduocat of the house of Yorke as before hath bin noted for that he liued and vvrote his story vnder king Henry the eight yet in one place he breaketh foorth into these wordes of the princes of this house Cum non haberent iam inimicos in quos soeuitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine suas pollure manus When these princes now had brought to destruction al those of the house of Lancaster so as they had no more enimyes vppon vvhom to fill and satiat their crueltie then began they to exercise their fiersnes vppon themselues and to embrevv their handes with their owne blood thus far Polidor Secondly they do shew the same by the deedes of both sides for that the loue vnion trust confidence fayth fulnes kyndnes and loyaltie of the princes of Lancaster the one tovvardes the other is singuler and notorious as may appeare by the acts and studious endeuours of the lord Henry bishop of Winchester and Cardinal and of the lord Thomas duke of Excester and marques of Dorset brothers of king Henry the fourth to vvhom and to his children they were most faythfull frendly and loyal as also by the noble proceedings of the lordes Thomas duke of Clarence Iohn duke of Bedford and Humfrey duke of Glocester sonnes of the foresaid Henry the fourth and brothers of king Henry the fist the first of vvhich three gaue his blood in his seruice the other two spent their whole liues in defence of the dignity of the Inglish crowne the one as regent of France the other as protector of Ingland by the worthy acts also and renomed fayth fulnes of the dukes of Somerset cosen germans to the said king Henry the fourth and to his children and the proper ancestors of king Henry the seuenth al vvhich dukes of Somerset of the house of Lancaster being fiue or six in number did not only as Polydor sayeth assist and helpe their soueraine and the vvhole realme Vigilijs curis pcriculis that is to saye with watchfulnes cares and offering themselues to dangers but also fower of them one after an other to with Edmond with his three sonnes Henry Edmond and Iohn wherof two successiuely after him vvere dukes of Somerset and the other marques dorset were al fower I say as so many Machabyes slayne in the defence of their country and family by the other factiō of the house of Yorke which thing say these men shewed euidently both a maruelous confidence that these men had in their quarrel as also a great blessing of God towards that familie that they had such loue and vnion among them selues But now in the house of Yorke these men endeuour to shew al the contrary to witt that there vvas nothing els but suspition hatred emulations among themselues and extreme crueltie of one against the other and so vve see that as soone almost as Edward duke of Yorke came to be king George duke of Clarence his yonger brother conspired against him did help to driue him out againe both from the realme and crowne In recompence vvherof his said elder brother afterward notwithstanding al the reconciliation and many othes that passed betweene them of new loue and vnion caused him vppon new grudges to be taken murthered priuily at Calis as al the world knoweth And after both their deathes Richard their third brother murthered the two sonnes of his said elder brother and kept in prison vvhiles he liued the sonne and heyre of his second brother I meane the yong earle of Warwick though he were but a very child vvhom king Henry the seuenth aftervvard put to death But king Henry the eight that succeded them passed al the rest in crueltie toward his owne kynred for he weeded out almost al that euer he could finde of the blood royal of York and this either for emulation or causes of meere suspicion only For first of al he behedded Edmond de la Pole duke of Suffolk sonne of his owne aunt lady Elizabeth that was sister to king Edward the fourth vvhich Edward vvas grand father to king Henry as is euident The like distruction king Henry vvent about to bring to Richard de la Pole brother to the said Edmond if he had not escaped his handes by flying the realme whom yet he neuer ceased to pursue vntil he vvas slayne in the battel of Pauia in seruice of the king of Frāce by whose death vvas extinguished the noble house of the de la Poles Agayne the said king Henry put to death Edward duke of Buckingham high constable of Ingland the sonne of his great Aunt sister to the Queene Elizabeth his grādmother and therby ouerthew also that vvorthy house of Buckingham after againe he put to death his cosen germaine Henry Courtney marques of Excester sonne of the lady Catherin his Aūt that vvas daughter of king Edward the fourth and attainted iointly vvith him his
he approueth also the same in other realmes vvhen iust occasions are offred either for his seruice the good of the people and realme or els for punishment of the sinnes and wickednes of some princes that the ordinary line of succession be altred Now then to passe on further and to begyn with the kingdomes of Spayne supposing euer this ground of Gods ordenance as hath bin declared first I say that Spayne hath had three or foure races or discents of kings as France also and Ingland haue had and the first race was from the Gothes which began their raigne in Spayne after the expulsion of the Romans about the yeare of Christ 416. to whō the Spaniard referreth al his old nobility as the french man doth to the German Franckes and the Inglish to the Saxons which entred France and Ingland in the very same age that the other did Spayne the race of Gothysh kynges indured by the space of 300. years vntil Spayne was lost vnto the Moores The second race is from Don Pelayo that was chosen first king of Asturias and of the mountayne countrey of Spaine after the distruction therof by the Mootes about the yeare of Christ 〈◊〉 as before hath bin touched which race contynewed increased added kingdome vnto kingdome for the space of other three hundred yeares to wit vntil the yeare of Christ 1034. when Don Sancho may or king of Nauarra at vnto his power the Earldome also of Aragon and Castilia and made them kingdomes and deuided them among his children and to his second sonne named Don Fernando surnamed afterward the great he gaue not only the said Earldome of Castilia with title of kingdome but by mariynge also of the sister of Don Dermudo king of Leon and Asturias he ioyned al those kingdomes together so began from that day forward the third race of the kings of Nauar to reigne in Castel and so indured for syuehundred yeares vntil the yeare of Christ 1540. whē the house of Austria entred to reigne ther by mariage of the daughter and heyre of Don Ferdinando surnamed the Catholique and this was the fourth race of Spanish kings after the Romans which endureth vntil this day And albeit in al thes foure races and ranckes of royal discents diuers exāples might be alleaged for manifest proofe of my purpose yet wil I not deale whith the first race for that it is euident by the councels of Toledo before alleaged which were holden in that very time that in those dayes expresse election was ioyned with succession as by the deposition of king Suintila and putting back of al his children as also by the election approbation of king Sisinando that was further of by succession hath bin insinuated before in the fyft councel of that age in Toledo it is decreed expresly in these wordes Si quis talia meditatus fuerit talking of pretending to be king quem nec electio omnium perficit nec Gothicae gentis nobilitas ad hunc honoris apicem trahit sit consortio Catholicorum priuatus diuino anathemate condemnatus If any man shal imagin said thes fathers or go about to aspire to the kingdome whom the election choise of al the 〈◊〉 doth not make perfect not the nobility of the Gotish nation doth draw to the height of this dignity let him be depriued of al Catholique society and damned by the curse of almighty God by which woords is insinuated that not only the nobility of Gotish blood or neernes by succession was required for the making of ther king but much more the choise or admission of al the realme wherin this councel putteth the perfection of his title The like determinatiō was made in an other councel at the same place before this that I haue alleaged the vvordes are these Nullus apud nos presumptione regnum arripiat sed defuncto in pace principe optimates gentis cum sacerdotibus successorem regni communi concilio constituant Which in Inglish is thus let no man with vs snatche the kingdome by presumption but the former Prince being dead in peace let the nobility of the nation together with the Priests and cleargie appoint the successor of the kingdome by common councel which is as much to say as if he had said let no man enter vppon the kingdome by presumption of succession alone but let the Lords temporal and spiritual by common voice see vvhat is best for the vveal publique Now then according to thes ancient decrees albeit in the second race of Don Pelayo the law of succession by propinquity of blood was renewed and much more established then before as the ancient bishop of Tuys and Molina and other spanish vvriters do testifie yet that the next in blood was oftentymes put back by the common wealth vppon iust causes thes examples following shal testifie as breefly recoūted as I can possibly Don Pelayo died in the yeare of our Lord 737. and left a sonne named Don Fauila who vvas king after his father and reigned two yeares only After whos death none of his children were admited for king thoughe he left diuers as al writers do testifie But as Don Lucas the Bishop of Tuy a very ancient author vvriteth Aldefonsus Catholicus ab vniuer so populo Gothorum eligitur that is as the chronicler Moralis doth translat in spanish Don Alonso surnamed the Catholique was chosen to be king by al voices of the Gotish nation This Don Alonso was sonne in law to the former king Fauila as Morales sayeth for that he had his daughter Erneenesenda in mariage he was preferred before the kings owne sonnes only for that they were yonge vn-able to gouerne as the said historiographer restifyeth And how wel this fel out for the cōmon wealth and how excellent a king this Don Alonso proued Morales sheweth at large from the tenth chapter of his thirteenth booke vntil the 17. and Sebastianus Bishop of Salamança that liued in the same tyme writeth that of his valiant acts he was surnamed the great To this famons Don Alonso succeded his sonne Don Fruela the first of that name who was a noble king for 10. yeares space and had diuers excellent victories against the Moores but afterward declining to tyrannie he became hate ful to his subiects and for that he put to death wrongfully his owne brother Don Vimerano a Prince of excellent partes and rarely beloued of the Spaniards he was him selfe put downe and put to death by them in the yeare of Christ 768. And albeit this kyng left two goodly children behinde him which were lawfully begotten vppō his Queene Dona Munia the one of them a sonne called Don Alonso the other a daughter called Dona Ximea yet for the hatred conceaued against ther father neyther of them was admitted by the realme to succede him but rather his cosen german named Don Aurelio
handle her tytle to the crowne of Ingland and the third dyd answer the booke of Ihon Knox the Scott intituled against the monstruous gouerment of women Of al vvhich three pointes for that the second that conserneth the tytle is that vvhich properly appertayneth to out purpose and for that the same is handled agayne and more largely in the second booke set out not longe after by Ihon lesley lord bishope of Rosse in Scotland vvho at that tyme was Embassador for the saide Queene of Scottes in Ingland and handled the same matter more abundantly vvhich M. Morgan had donne before hym I shal saye no more of this booke of M. Morgan but shal passe ouer to that of the bishope vvhich in this point of succession conteyneth also vvhat soeuer the other hath so as by declaring the contentes of the one vve shal come also to see vvhat is in the other The intent then of this book of the bishope of Rosse is to refute the other booke of Hales and Bacon and that especially in the two points before mentioned which they alleaged for their principles to witt about forrayne birth and king Henries testament And against the first of these two pointes the bishop alleageth many proofes that ther is no such maxima in the cōmon lawes of Ingland to disherit a prince borne out of the land from his or her right of succession that they haue by blood And this first for that the statute made for barring of alliens to inherit in Ingland vvhich was in the 25. yeare of the reigne of king Edward the third is only to be vnderstood of particuler mens inheritance and no wayes to be extended to the succession of the crowne as by comparison of many other like cases is declared and secondly for that ther is expresse exception in the same statute of the kings children and of spring and thirdly for that the practise hath alwayes bin contrary both before and after the conquest to vvit that diuers princes borne out of the realme haue succeded The other principle also concerning king Henryes testament the bishop impugneth first by diuers reasons incongruities vvherby it may be presumed that king Henry neuer made any such testament and if he did yet could it not hold in law And secondly also by vvitnes of the Lord Paget that was of the priuy councel in those dayes of Sir Edward Montague lord chiefe iustice and of one VVilliam Clark that set the kings stamp to the writing al which anowed before the councel and parlament in Queene Maryes tyme that the said testament vvas signed after the king vvas past sense and memory And finally the said bishop concludeth that the line of Scotland is the next euery way both in respect of the house of Lancaster and also of York for that they are next heyres to K. Henry the eight who by his father was heyre to the house of Lancaster and by his mother to the house of york But after these three bookes was vvritten a fourth by one Robart Highinton secretary in tyme past to the Earle of Northumberland a man wel read in storyes and especially of our coūtrey who is said to be dead some yeares past in Paris This man impugneth al three formet bookes in diuers principal points and draweth the crowne from both their pretendors I meane as wel from the house of Scotland as from that of Suffolk and first against the booke of Hales and Sir Nicholas Bacon writen as hath bin said in fauour of the house of Suffolk Heghington holdeth with the Bishop and Morgan that thes two principles layd by the other of forayne birth and of king Henries restament against the Scotish line are of no Validity as nether ther reasons for legitrimating of the Earle of Hartfords children vvhich afterward shal be handled And secondly he is against bothe Morgan the Bishop of Rosse also in diuers important points and in the very principal of al for that this man I meane Highington maketh the king of Spayne to be the next and most righful pretender by the house of Lancaster for proofe vvherof he holdeth first that king Henry the 7. had no title in deede to the crowne by Lācaster but only by the house of York that is to saye by his marriage of Queene Elizabeth elder daughter to king Edward the fourth for that albeit himselfe were discended by his mother from Iohn of Gaunt duke of Lancaster yet this vvas but by his third vvife Catherin Swynford and that the true heyres of Blanch his first vvife duches and heyre of Lācaster to whom sayth he apperteyned only the successiō after the death of king Henry the sixth and his sonne with whom ended the line male of that house remayned only in Portugal by the mariage of Lady Phillip daughter of the foresaid Blanch to kinge Ihon the first of Portugal that for as much as king Phillip of Spaine saith this man hath now succeded to al the righte of the kings of Portugal to him appertayneth also the only right succession of the house of Lancaster and that al the other discendents of king Henry the 7. are to pretend only by the title of Yorke I meane aswel the line of Scotland as also of Suffolk and Huntington for that in the house of Lancaster king Phillip is euidently before them al. Thus holdeth Heghington alleaginge diuers stories arguments and probabilities for the same then adioyneth two other propositions which do importe most of al to vvit that the title of the house of Lancaster was far better then that of York not for that Edmond Crokback first founder of the house of Lancaster vvho was sonne to king Henry the third and brother to king Edward the first was eldest to the said Edward and iniurioufly put back for his deformity in body as both the said bishop of Rosse and George Lylly do falsly hold and this man refuteth by many good arguments but for that lohn of Gaunt Duke of Lancaster being the eldest sonne that King Edward the third had a liue when he dyed should in right haue succeded in the crowne as this man holdeth and should haue bin preferred before Richard the second that was the black princes sonne vvho vvas a degree further of from king Edward the third his grandfather then vvas lohn of Gaunt to whom king Edward vvas father and by this occasion this man cometh to discusse at large the opinions of the lawyers vvhether the vncle or the nephew should be preferred in the succession of a crowne to vvit vvhether the yonger brother or the elder brothers sonne if his father be dead vvithout being seased of the same which is a point that in the ciuil law hath great disputation and many great authors on each side as this man sheweth and the matter also wanteth not examples on both pattes in the succession of diuets Inglish kings as our frend the ciuil lawyer did signifie also in his discourse
to Stephen countie Palatine of Bloys Champagne and Chartres in France and the other two Polidor saith dyed before they were marryed and so their names vvere not recorded These are the children of king William the Conqueror among whom after his death ther vvas much strife about the succession For first his eldest sonne duke Robert vvho by order of ancestrie by birthe should haue succeded him in al his estares was put back first from the kingdome of Ingland by his third brother William Rufus vppon a pretence of the Conquerors vvil and testament for perticuler affection that he had to this his said third sonne William though as Stow writeth almost al the nobility of Inglande vvere against Williās entrance But in the end agreement vvas made between the two brothers vvithe condition that if William should dye vvithout issue then that Robert should succed him and to this accord both the princes themselues and twelue principal peeres of ech side vvere sworne but yet after when VVilliam dyed vvithout issue this vvas not obserued but Henry the fourth sonne entred and depriued Robert not only of this his succession to Ingland but also of his dukedome of Normandie that he had enioyed peaceably before al the tyme of his brother Rufus and moreouer he toke him prisoner so caryed him into Ingland and ther kept him vntil his death which happened in the castle of Cardif in the yeare 1134. And vvhereas this Duke Robert had a goodly prince to this sonne named VVilliam who vvas duke of Normandy by his father earle of Flanders in the right of his grand mother that was the Cōquerors wife daughter of Baldwin Earle of Flanders as hath bin said and vvas established in both these states by the help of Lewys the 6. surnamed le gros king of France and admitted to do homage to hym for the saide states his vncle king Henry of Englād was so violent against him as first he draue him out of the state of Normandy and secondly he set vp and maynteyned a competitor or two against him in Flanders by whome finally he was slaine in the yeare of Christ 1128. before the towne of Alost by an arrow after he had gotten the vppet hand in the feild and so ended the race of the first sonne of king William the Conqueror to wit of duke Robert vvhich Robert liued after the death of his saide sonne and heyre duke VVilliam six yeares in prison in the castel of Cardife and pyned avvay vvith sorrow and miserie as both the Frenche and Inglishe histories do agree The second sonne of the Conqueror named Richard dyed as before hath bin sayde in his fathers tyme and left no issue at al as did neither the third sōne Williā Rufus though he reigned 13. yeares after his father the Conqueror in which tyme he established the successiō of the crowne by consent of the stares of Ingland to his elder brother duke Roberts issue as hath bin saide though afterward it was not obserued This Kinge Rufus came to the crowne principally by the help and fauour of Lanfrancus Archbishop of Canterbury who greatly repēted himselfe afterward of the error vvhich in that point he had committed vppō hope of his good gouerment which proued extreeme euel But this king William Rufus being slayne afterward by the error of a crosbow in newforest as is vvel knowne and this at such tyme as the foresaid duke Robert his elder brother to vvhom the crowne by succession apparteyned was absent in the vvarr of the holy land vvher according as most authors do vvrit he vvas chosen king of Hierusalem but refused it vppon hope of the kingdome of Ingland But he returning home foūde that his fowerth brother Henry partly by fayre promises and partly by force had inuaded the crowne in the yeare 1100. and so he reygned 35. yeares and had issue diuers sonnes and daughters but al vvere either drowned in the seas comming out of Normandie or els dyed otherwise before their father except only Mathildis vvho vvas first marryed to Henry the Emperor fift of that name and after his death without issue to Geffrey Platagenet duke of Anjow Tourayne and Mayne in France by whom she had Henry which reigned after king Stephen by the name of Henry the second and thus much of the sonnes of William the Conqueror Of his two daughters that lyued to be maryed and had issue the elder named Constance vvas maryed to Alayn fergat duke of Britanie vvho vvas sonne to Hoel earle of Nantes and vvas made duke of Britanie by VVilliam Cōquerors meanes in manner following Duke Robert of Normandy father to the Conqueror vvhen he went in pilgrimage vnto the holy land in which voyage he dyed left for gouernour of Normandy vnder the protection of king Henry the first of france duke Alayne the first of Britanie vvhich Allayn had issue Conan the first vvho being a stirringe prince of about 24. yeares old when duke VVilliam began to treat of passing ouer into Ingland he shewed himselfe not to fauour much that enterprise which duke VVilliam fearing caused him to be poysoned vvith a payre of perfumed gloues as the French stories do report and caused to be set vp in his place and made duke one Hoel earle of Nantes who to gratifie VVilliam sent his sonne Alaine surnamed Fergant with 5000. souldiars to passe ouer into Ingland vvith him and so he did VVilliam afterward in recompēce heer-of gaue him his eldest daughter Constantia in mariage vvith the earldome of Richmond by vvhom he had issue Conan the second surnamed le gros who had issue a sonne and a daughter The sonne vvas called Hoel as his grand father was and the daughters name was Bertha marryed to Eudo Earle of 〈◊〉 in Normandy for that this duke Conan liked better his daughter and his sonne in law her husband then he did Hoel his owne sonne he disauowed him in his death bedde and made his said daughter his heyre who had by the said Eudo a sonne named Conan surnamed the yonger which vvas the third duke of that name and this man had one only daughter and heyre named Lady Constance who whas marryed to the third sonne of king Henry the second named Geffrey elder brother to king Ihon that after came to rayne by this Lord Geffrey she had issue Arthur the second duke of Britanie whom king Iohn his vncle put back from the crowne of Ingland and caused to be put to death as after shal be shewed and he dying without issue his mother Constance duchesse heyre of Britanie marryed agayne vvith a prince of her owne house vvhom after vve shall name in the prosecution of this lyne and by him she had issue that hath indured vntil this day the last vvherof hitherto is the lady Isabella infanta of Spaine that other of Sauoy her sister whom by this meanes we se to haue
and after made duke of Hereford by king Richard the second and after that came to be duke also of Lancaster by the death of his father and lastely vvas made king by the deposition of his cosen germaine the said king Richard and reigned 13. yeares by the name of king Henry the fourth and vvas the first king of the house of Lācaster of the right of vvhose title examination shal be made afterwards The first of the two daughters vvhich Iohn of Gaunt had by Blanch vvas named Phillip vvho was marryed to Iohn the first of that name king of Portugal by whom she had issue Edward king of Portugal and he Alfonsus the fift he Iohn the second so one after another euen vnto our dayes The second daughter of Iohn of Gaunt by lady Blanch vvas named Elizabeth vvho was marryed to Iohn Holland duke of Excester she had issue by him an other Iohn duke of Excester and he had issue Henry duke of Excester that dyed without issue male leauing only one daughter named Anne vvho vvas marryed to Sir Thomas Neuill knight and by him had issue Raffe Neuill third earle of Westmerland whose lineal heyre is at this day Lord Charles Neuill earle oft Westmerland that liueth banished in Flanders And this is al the issue that Iohn of Gaunt had by lady Blanch his first vvife sauing only that I had forgotten to prosecute the issue of Henry his first sonne surnamed of Bolenbrok that vvas afterward called king Henry the fourth which king had 4. sonnes and tvvo daughters his daughters vvere Blanch and Phillip the first marryed to William duke of Bauaria and the second to Erick king of Denmarke and both of them dyed without children The four sonnes vvere first Henry that reygned after him by the name of Henry the fift and the second vvas Thomas duke of Clarence the third vvas Iohn duke of Bedford and the fourth vvas Humfrey duke of Glocester al vvhich three dukes dyed vvithout issue or vvere slaine in vvarres of the realme so as only king Henry the fift their elder brother had issue one sonne named Henry also that vvas king and reigned 40. yeares by the name of Henry the sixt who had issue prince Edward both of them I meane both father sonne were murthered by order or permissiō of Edward duke of Yorke vvho afterward tooke the crowne vppon him by the name of king Edward the fourth as before hath bin said so as in this king Henry the 6. and his sonne prince Edward ended all the blood royal male of the house of Lancaster by Blanch the first wife of Iohn of Gaunt and the inheritance of the said lady Blanch returned by right of succession as the fauorers of the howse of Portugal affirme though others deny it vnto the heyres of lady Phillip her eldest daughter marryed into Portugal vvhose nephew named Alfonsus the fift kinge of Portugal liued at that day when king Henry the 6. and his heyre were made away and this much of Iohn of Gaunts first marriage But after the death of the L. Blanch Iohn of Gaunt marryed the Lady Constance daughter and heyre of Peter the first surnamed the cruel king of Castile who being driuen out of his kingdome by Henry his bastard brother assisted therunto by the french he fledd to Burdeaux vvith his wife tvvo daughters where he founde prince Edward eldest sonne to king Edward the third by vvhom he was restored and for pledge of his fidelity and performance of other conditions that the said king Peter had promised to the Prince he left his two daughters withe hym which daughters being sent afterwards into Inglād the eldest of them named Constance was marryed to Iohn of Gaunt and by her title he named himselfe for diuers yeares afterward king of Castile and went to gayne the same by armes when Peter her father vvas stayne by his foresaid bastard brother but yet some yeares after that againe their vvas an agrement made betweene the said Iohn of Gaunt and Iohn the first of that name king of Castile sonne and heyre of the foresaid Henry the bastard vvith condition that Catherine the only daughter of Iohn of 〈◊〉 by lady Cōstance should marry vvith Henry the third prince of Castile sonne and heyre of the said king Iohn and nephew to the bastard Henry the 2. and by this meanes vvas ended that controusie betweene Ingland and Castile and the said L. Catherine had issue by king Henry Iohn the 2. king of Castile he Isabell that marryed with Ferdinando the Catholique king of Aragon and ioyned by that marriage both those kingdomes together and by him she had a daughter named Ioan that marryed Phillip duke of Austria and Burgundy and by him had Charles the fifth that vvas Emperor and father to king Phillip that now reigneth in Spaine vvho as we see is descēded tvvo waies from Iohn of Gaunt duke of Lancaster to vvit by two daughters begotten of two wiues Blanch and Constance nether had Iohn of Gaunt any more childrē by Constance but only this daughter Catherine of vvhom vve haue spoken vvherfore now vve shal speake of his third vvife that vvas Lady Catherine Swinford This lady Catherin as Inglish histories do note vvas borne in Henalt in Flanders was daughter to a knight of that country called Sir Payne de Ruet and she vvas brought vp in her youth in the duke of Lancasters house and attended vppon his first wife lady Blanch and being fayre of personage grew in such fauour vvith the duke as in the tyme of his second wife Constance he kept this Catherin for his concubin and begat vppon her fower children to vvit three sonnes and a daughter vvhich daughter vvhose name vvas Iane was marryed to Raph earle of Westmerland called commonly in those dayes Daw Raby of whom descended the Earles of VVestmerland that insued His three sonnes were Iohn Thomas and Henry and Iohn vvas first earle and then duke of Sommerset Thomas vvas first marques Dorset and then duke of Excester Henry vvas Bishop of VVinchester and after Cardinal And after Iohn of Gaunt had begotten al thes 4. children vppon Catherin he marryed her to a knight in Ingland named Swinford vvhich knight lyued not many yeares after Iohn of Gaunt comming home to Ingland from Aquitaine vvher he had bin for diuers yeares and seing this old concubine of his Catherine to be now a widow and himselfe also without a wife for that the lady Cōstance vvas dead a litle before for the loue that he bore to the children which he had begotten of her he determyned to marry her and therby the rather to legitimate her childrē though himselfe vvere old now and al his kyndred vtterly against the marriage and so not ful two yeares before his death to wit in the yeare of Christ 1396. he married her and the next yeare after in a parlament begun at Westminster the 22. of Ianuary
vvhich end being taken away or peruerted the king becommeth a tyrant a Tigar a fearse Lion a rauening wolfe a publique enimy and a bloody murtherer vvhich vvere against al reason both natural and moral that a common wealth could not deliuer it selfe from so eminent a distruction By authority also you haue heard it proued of al law-makers Philosophers Lawyers Diuines and Gouernours of common vvealthes vvho haue set downe in their statutes and ordonances that kings shal sweare and protest at their entrance to gouerment that they vvil obserue and performe the conditions their promised otherwise to haue no interest in that dignity soueraintie By examples in like manner of al realmes christian he declared how that often-tymes they haue deposed their princes for iust causes and that God hath concurred and assisted wonderfully the-same sending them commonly very good kings after those that vvere depriued and in no country more then in Ingland it selfe yea in the very lyne and familye of this king Richard vvhose noble grand-father king Edward the third vvas exalted to the crowne by a most solemne deposition of his predecessor king Edvvard the second vvherfore in this point their can be litle controuersie and therfore vve shal passe vnto the second vvhich is vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be deposed And in this second pointe much more difference their is betwixt Yorke and Lancaster and betwene the vvhite rose and the redd for that the house of Yorke seeking to make the other odious as though they had entred by tyrannie cruelty doth not stick to auouch that king Richard vvas vniustly deposed but against this the house of Lancaster alleageth first that the howse of Yorke cā not iustly saye this for that the chiefe prince assistant to the deposing of king Richard vvas lorde Edmond hymselfe duke of Yorke and head of that familie together with Edward earle of Rutland duke of Aumarle his eldest sonne and heyre yea and his yonger sonne also Richard earle of Cambrige father to this Richard that now pretēdeth for so do write both Stow Hollingshead and other chroniclers of Ingland that those princes of the howse of Yorke did principally assist Hēry duke of Lancaster in getting the crowne and deposing king Richard Polidor speaking of the wicked gouerment of king Richard and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France banished and seemed not to thinke of any such matter he hath these words Sed Edmundo Eboracensium duei eares cum primis bilem commouit quod rex omnia iam iura peruerteret quòd antea parricidio postea rapinis se obstrinxisset c. That is this matter of the wicked gouerment of king Richard did principally offend his vncle Edmond duke of Yorke for that he saw the king novv to peruert al law and equity and that as before he had defiled himselfe vvith parricide that is with the murther of his owne Vncle the duke of Glocester brother to this Edmond so now he intangled himselfe also vvith rapine in that he tooke by violence the goods and inheritance of Iohn ofGaunt late deceased vvhich did belong to Henry duke of Lancaster his cosen germaine by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three score persons as some stories say chose first to goe into Yorke-shire and to enter at Rauenspurr at the mouthe of Humber as al the vvorld knoweth which he would neuer haue done if the princes of Yorke had not principally fauoured him in that action al this I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition and consequently cannot alleage now with reason that the said Richard was deposed vniustly Secondly the house of Lancaster alleageth for the iustifying of this deposition the opinions of al historiographers that euer haue written of this matter vvhether they be Inglish French Duch Latine or of any other nation or language vvho al with one accord do affirme that king Richards gouerment vvas intolerable he worthy of deposition wherof he that wil se more let him reade Thomas of Walsingham and Iohn Frosard in the life of king Richard Thirdly they of Lancaster do alleage the particuler outrages and insolences of king Richards gouerment and first the suffring himselfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment as before you haue hard out of Polidor the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes The king being at Bristow with Robert de Vere duke of Ireland Michael de la Pole Earle of Suffolke deuised how to take away the duke of Glocester the earles of Arundel VVarwick Darby and Notingham and others whose deathes they conspired thus sayeth Stow. And soone after they executed the most par of their deuises for that Thomas of Woodstock duke of Glocester vvas made away vvithout law or processe the earle of Arundel also vvas put to death and VVarwick vvas banished and so was also Thomas Arundel Archbishop of Canterbury by like injustice and the like was done to Henry duke of Hereford and after of Lancaster and among other insolences he suffred Robert Vere to dishonour and put from him his vvife a noble and goodly yong Lady as Stow sayeth and borne of Lady Isabel king Richards aunt that vvas daughter to king Edward the third and suffred Vere to marry an other openly to her disgrace and dishonour of her kynred And finaly in the last parlament that euer he held which vvas in the 21. yeare of his reigne commonly called the euel parlament he would needs haue al authority absolute graunted to certaine fauourits of his which Thomas Walsingham saith were not aboue 6. or 7. to determine of all matters vvith al ful authority as if they only had bin the vvhole realme vvhich vvas nothing in deede but to take al authority to him selfe only and Stow in his chronicle hath these wordes following This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof Edward Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon in which he affirmed that the power of the king was alone and perfit of it selfe and those that do impeatch it were worthy to suffer paine of the law c. thus saith Stow by al vvhich is euident how exorbitant and contrary to al law and equity this kinges gouerment vvas Fourthly and lastly those of Lancaster do alleage for iustifying of this depriuation that duke Henry vvas called home by expresse lettres of the more and better part of al the realme and that he came vvholy in a manner vn-armed considering his person for that
after for keping of his oth that he had made vnto his father neuer pretended any right to the crowne yet king Richard knowing vvel the pretence that he and his might haue vvas stil afraid of him and sought infinite meanes to be rydd of him first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt and then offering to giue him al Aquitaine if he vvould leaue Ingland to goe liue there as he did for three yeares vvith extreme peril for that the people of Aquitaine would not receaue him but rose against him and refused his gouerment and vvould not admitt him for their Lord but appealed to the king vvho also allowed therof and so vvhen Iohn of Gaunt came home into Ingland againe kinge Richard thought no better way to vveaken him then to banish his sonne Henry duke of Herford and so he did And besides this the said king Richard practised also by diuers secret drifts the death of his said vncle the duke of Lancaster as Walsingham witnesseth and vvhen the said duke came at lenghte to dye which vvas in the 22. yeare of king Richards raigne he vvrote such ioyous letters therof as frossard saith to his father in law the sixt Charles king of France as though he had bin deliuered of his chiefest enemy not immagining that his owne distructioÌ„ was so neere at hand and much accelerated by the death of the said duke as it was And these vvere the causes say the fauorers of the house of Lancaster why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer in preiudice of the house of Lancaster and not for that the right of earle Mortimer vvas better then that of the duke of Lancaster And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament for matter of succession according to their owne affections for the like say they did Edward the third procure in the fauour of this Richard as before I haue shevved in the last parlament before his death and afterward againe king Richard the third vvith much more open 〈◊〉 caused an act of parlament to passe in his dayes vvherby his nephew Iohn de la pole earle of Lincolne sonne to his sister Elizabeth duchesse of Suffolke vvas declared heyre apparent to the crowne excluding therby the children of his two elder brothers to vvit the daughters of king Edward the fourth and the sonne and daughter of Georg duke of Clarence vvhich yet by al order should haue gone before their sisters children And like facilitie founde king Henry the 8. to get the consent of two parlaments to giue him authority to appointe what successor he would of his owne kynred by which authority afterward he apointed by his testament as in an other place shal be shewed that the issue of his yonger sister mary should be preferred before the issue of his eldest sister Margaret of Scotland A like declaration was that also of king Edward the sixt of late memory vvho appointed the lady Iane Gray his cosen germane remoued to be his heyre and successor in the crowne of Ingland and excluded his owne tvvo sisters the lady Mary and the lady Elizabeth from the same but these declaratioÌ„s make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratioÌ„ of Roger Mortimer to be heyre apparent for that they hold and auow the house of Lancaster to haue had the true right to enter not only after the death of king Richard the second as it did but also before him that is to say immediatly vppon the death of king Edward the third for that Iohn of Gaunt vvas then the eldest sonne which king Edward had lyuing and neerer to his father by a degree then vvas Richard the nephew About vvhich pointe to wit vvhether the vncle or the nephew should be preferred in succession of kingdomes it seemeth that in this age of K. Edward the third there vvas great trouble and controuersy in the world abroad for so testifieth Girard du Haillan Counceler and secretary of France in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne and therfore no maruaile though king Edward tooke such care of the sure establishing of his nephew Richard in succession as is before related And much lesse maruail is it if king Richard had stil great ielosy of his vncle the duke of Lancaster and of his ofspring considering how doubtful the question vvas among the wise and learned of those dayes For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited thus then he vvriteth About this tyme sayeth he their did arise a great and doubtful question in the world whether vncles or nephewes that is to say the yonger brother or els the children of the elder should succed vnto realmes and kingdomes vvhich coÌ„trouersy put al christianity into great broyles and troobles For first Charles the secoÌ„d king of Naples begar of Mary his wife Queene and heyre of Hungary diuers children but namely three sonnes Marrel Robert and Phillip 〈◊〉 dying before his father left a sonne named Charles vvhich in his grandmothers right vvas king also of Hungary but about the kingdome of Naples the question vvas vvhen king Charles was dead who should succeed him either Charles his nephew king of Hungary or Robert his second sonne but Robert vvas preferred and reygned in Naples and enioyed the earldome of Prouince in France also for the space of 33. yeares vvith great renowne of valor wisdome And this is one example that 〈◊〉 recounteth vvhich example is reported by the famoê° lawyer 〈◊〉 in his commentaries touching the succession of the kingdome of Sicilia and he saith that this succession of the vncle before the nephew vvas auerred also for rightful by the learend of that tyme and confirmed for inst by the iudicial 〈◊〉 of Pope Boniface and that for the reasons which afterward shal be shewed vvhen vve shal treat of this question more in particuler An other example also reporteth Girard vvhich 〈◊〉 immediatly after in the same place for that the forsaid king Robert hauing a sonne named Charles which dyed before 〈◊〉 he left a daughter and heyre named Ioan neece vnto king Robert which Ioan was married to Andrew the yonger sonne of the foresaid Charles king of Hungary but king Robert being dead ther stept vp one Lewis prince of Tarranto a place of the same kingdome of Naples who vvas sonne to Phillip before mentioned vonger brother to king Robert vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man and one degree neerer to king Charles his grand father then Ioan was for that he was nephew
vvife the lady Gertrude taking from her al her goodes landes and inheritance and committed to perpetual prison their only sonne and heyre lord Edward Courtney being then but a childe of seuen yeares old vvhich remayned so there vntil many yeares after he vvas set at libertie and restored to his liuing by Queene Mary Moreouer he put to death the lady 〈◊〉 Plantagenet Countesse of Salisbury daughter of George duke of Clarence that vvas brother of his grandfather king Edward the fourth vvith her he put to death also her eldest sonne and heyre Thomas Poole lord Montague and committed to perpetual prison where soone after also he ended his life a little infant named Henry Poole his sonne and heyre condemned to death by act of parlament although absent Renald Pole brother to the said lord Montague Cardinal in Rome wherby he ouerthrew also the noble house of Salisbury and vvarwick nether need I to go further in this relation though these men do note also how Edward the sixt put to death two of his owne vncles the Seymers or at least it vvas done by his authority and how that vnder her Maiestie that now is the Queene of Scotland that vvas next in 〈◊〉 of any other liuing the chiefe titler of the honse of Yorke hath also bin put to death Lastly they do note and I may not omit it that their is no noble house standing at this day in Ingland in the ancient state of calling that it had and in that dignity and degree that it vvas in vvhen the house of Yorke entred to the crowne if it be aboue the state of a barony but only such as defended the right and interest of the houses of Lancaster and that al other great houses that toke parte vvith the house of Yorke and did helpe to ruine the house of Lancaster be either ceased since or extyrpated and ouer throwne by the same house of Yorke it selfe which they assisted to gett the crowne so at this present they be either vnited to the crowne by confiscatiō or transferred to other Images that are strangers to them who possessed thē before As for example the ancient houses of Inglād that remaine at this day were stāding whē the house of Yorke begā ther title are the houses of Arōdel Oxford Northūberland Westmerland Shrewsbery for al other that are in Ingland at this day aboue the dignity of Barons haue bin aduanced since that tyme and al these fiue houses vvere these that principally did stick vnto the house of Lancaster as is euident by al Inglish chronicles For that the earle of Arondel brought in king Henry the fourth first king of the house of Lancaster and did helpe to place him in the dignity royal comming out of France vvith him The earle of Oxford and his sonne the lord Vere were so earnest in the defence of king Hēry the sixt as they were both slayne by king Edward the fourth and Iohn earle of Oxford vvas one of the principal assistāts of Hēry the seuēth to take the crowne frō Richard the third The house of Northumberland also was a principal ayder to Henry the fourth in getting the crowne and two earles of that name to wit Henry the second and third were slayne in the quarrel of king Henry the sixt one in the battel of S. Albons and the other of Saxton and a third earle named Henry the fourth fled into Scotlād vvith the said king Henry the sixt The house of Westmerland also vvas chiefe aduācer of Hēry the fourth to the crowne the secōd earle of that house vvas slayne in the party of Henry the sixt in the said bartaile of Saxton and Iohn earle of Shrewsbury vvas likevvise slayne in defence of the title of Lancaster in the bartaile of Northamptō and I omit many other great seruices and faithful endeuours vvhich many Princes of these fiue noble anciēt houses did in the defence of the Lancastrian kings vvhich these men say that God hath revvarded vvith continuance of their howses vnto this day But on the contrary side these men do note that al the old houses that principally assisted The title of Yorke are now extinguished and that chiefly by the kings themselues of that house as for example the principal peeres that assisted the family of Yorke vvere Moubray duke of Norfolke de la Poole duke of Suffolk the earle of Salisbury and the earle of Warwick of al which the euent was this Iohn Moubray duke of Norfolke the first confederat of the house of Yorke dyed soone after the exaltation of Edward the fourth vvithout ifsue and so that name of Moubray ceased and the title of the dukedome of Norfolke vvas transferred afterward by king Richard the third vnto the house of Howards Iohn de la Poole duke of Suffolke that married the sister of king Edward the fourth was his great assistant though he left three sonnes yet al were extinguished vvithout issue by helpe of the house of Yorke for that Edmond the eldest sonne duke of Suffolke vvas beheaded by king Henry the eight his brother Richard driuen out of the realme to his destruction as before hath bin shewed Iohn their brother earle of Lincolue was stayne at Stockfild in seruice of king Richard the third and so ended the line of de la Pooles Richard Neuel earle of Salisbury a chiefe enemy to the house of Lancaster and exalter of York vvas taken at the battaile of VVakefild and there beheaded leauing three sonnes Richard Iohn and George Richard vvas earle both of Salisbuty and Warwick surnamed the great earle of Warwick vvas he that placed king Edward the fourth in the royal seate by whome yet he vvas slayne afterward at Barnet and the landes of these two great earldomes of Salisbury and Warwick were vnited to the crowne by his attainder Iohn his yonger brother vvas Marques of montague and after al assistance giuen to the said king Edward the fourth of the howse of Yorke vvas slayne also by him at Barnet and his lands in like māner confiscate to the crowne vvhich yet vvere neuer restored againe George Neuel their yonger brother vvas Archbishop of Yorke vvas taken sent prisoner by the said king Edward vnto Guynes vvho shortly after pined avvay and dyed and this vvas the ende of al the principal frendes helpers aduancers of the house of Yorke as these men do alleage Wherfore they do conclude that for al these reasons many more that might be alleaged the title of Lancaster must needes seeme the better title which they do confirme by the general consent of al the realme at king Henry the seuenth his comming in to recouer the crowne from the house of Yorke as from vsurpers for hauing had the victory against king Richard they crowned him presētly in the field in the right of Lācaster before he married with the house of Yorke
vvoman vvho ought not to be preferred before so many men as at this tyme do or may stand for the crowne and that it vvere much to haue three women to reigne in Ingland one after the other vvher-as in the fpace of a-boue a thousaid yeares before them there hath not reigned so many of that sexe nether together nor a sunder for that from king Cerdick first king of the vvest Saxons vnto Egbright the first monarch of the Inglish name and nation conteyning the space of more then 300. yeares no one vvomā at al is founde to haue reigned and from Egbright to the Conquest which is almost other 300. yeares the like is to be obserued and from the conquest downeward vvhich is aboue 500. yeares one only vvoman was admitted for inheritrix vvhich was Maude the Empresse daughter of king Henry the first vvho yet after her fathers death vvas put back and king Stephen vvas admitted in her place and she neuer receaued by the realme vntil her sonne Henry the second vvas of age to gouerne himselfe then he vvas receaued vvith expresse condition that he should be crowned and gouerne by himselfe and not his mother which very conditiō vvas put also by the spaniards not long after at their admitting of the lady Berenguela yonger sister of lady Blauch neese to king Henry the second vvherof before often mention hath bin made to vvit the condition vvas that her sonne 〈◊〉 should gouerne and not she though his title came by her so as this circumstance of being a woman hath euer bin of much consideration especially where men do pretend also as in our case they doe An other consideratiō of these men is that if this lady should be aduanced vnto the crowne though she be of noble blood by her fathers side yet in respectt of alliance with the nobility of Ingland she is a meere strainger for that her kyndred is only in Scotland and in Inglād she hath only the Candishes by her mothers side vvho being but a meane familie might cause much grudging amōg the Inglish nobility to see them so greatly aduanced aboue the rest as necessarily they must be yf this womā of their linage should come to be Queene vvhich how the nobility of Ingland vvould beare is hard to say and this is as much as I haue heard others saye of this matter and of al the house of Scotland vvherfore vvith this I shal end and passe ouer to treat also of the other houses that do remayne of such as before I named OF THE HOVSE OF SVFFOLK CONTEYNING THE CLAYMES OF THE COVNTESSE OF Darby and her children as also of the children of the earle of Hartford CAP. VI. IT hath appeared by the genealogie set downe before in the third chapter and oftētymes mentioned since how that the house of Suffolk is so called for that the lady Mary secōd daughter of king Henry the seuenth being first married to Lewis the 12. king of France vvas afterward married to Charles Brandon duke of Suffolke who being sent oner to condole the death of the said king gat the good will to marry the widow Queene though the common fame of al men vvas that the said Charles had a vvife lyuing at that day and diuers yeares after as in this chapter vve shal examine more in particuler By this Chatles Brandon then duke of Suffolk this Queene Mary of France had tvvo daughters first the lady Francis married to Syr Henry Gray marques Dorset and aftervvard in the right of his vvife duke also of Suffolke vvho vvas afterward be-hedded by Queene Mary and secondly lady Elenor married to Syr Henry Clifford earle of Cumberland The lady Francis elder daughter of the Queene and of Charles Brandon had issue by her husband the said last duke of Suffolke three daughters to wit Iane Catherin and Mary which Mary the yongest vvas betrothed first to Arthur lord Gray of wilton and after lefte by hym she was marryed to one M. Martin keyes of kent gentlemā porter of the Queenes housholde and after she dyed without issue And the lady Iane the eldest of the three sisters was married at the same tyme to the lord Guylford Dudley fourth sonne to Syr Iohn Dudley duke of Northumberland and vvas proclaymed Queene after the death of king Edward for which acte al three of thē to vvit both the father sonne and daughter in law were put to death soone after But the L. Catherin the second daughter vvas married first vppon the same day that the other two her sisters vvere vnto lord Henry Herbert now earle of Penbroke and vppon the fal and misery of her house she was left by him and so she liued a sole vvoman for diuers yeares vntil in the begining of this Queenes dayes she was found to be vvith child which she affirmed to be by the lord Edward Seymer earle of Hartford vvho at that tyme was in France vvith Syr Nicholas Throgmorton the Embassador and had purpose and licence to haue trauailed into Italie but being called home in haste vppō this new accident he cōfessed that the child vvas his and both he and the lady affirmed that they were man and vvife but for that they could not proue it by witnesses for attempting such a match with one of the blood royal without priuity and licence of the prince they were committed both of them to the tower vvhere they procured meanes to meete againe afterward had an other childe vvhich both children do yet liue and the elder of them is called lord Henry Beacham and the other Edward Seymer the mother of whom liued not long after nether married the earle againe vntil of late that he married the lady Francis Howard sister to the lady Sheffeild and this is all the issue of the elder daughter of Charles Brandon by lady Mary Queene of France The second daughter of duke Charles and the Queene named L. Elenor vvas married to Henry lord Cliford earle of Cumbeiland and had by him a daughter named Margaret that married Syr Hēry Stanley lord Strāge after earle of Darby by vvhom the said lady who yet liueth hath had issue Fernande Stanley now earle of Darby William and Francis Stanley this is the issue of the house of Suffolk to vvit this Countesse of Darby with her children and these other of the earle of Hartford of al whose clayme 's and titles vvith their impediments I shal here briefly giue accompt and reason First of al both of these families do ioyne together in this one pointe to exclude the house of Scotland both by foraine birth and by the foresaid restament of king Henry authorized by two parlaments by the other exclusions which in each of the titles of the king of Scots and of lady Arbella hath bin before alleaged But then secondly they come to vary betweene themselues about the priority or propinquitie of their owne succession for the children of the earle
To the last pointe of religion they answer that this impediment is not vniuersal not admitted in the iudgment of al men but only of those Inglish that be of different religion from her But to some others and those many as these men do vveene her religion vvil rather be a motiue to fauour her title then to hinder the same so that on this ground no certaintie can be buylded and this is as much as I haue to say at this tyme of these two families of Clatence and Britanie OF THE HOVSE OF PORTVGAL VVHICH CONTEYNETH THE CLAYMES AS VVEL OF the king and prince of Spayne to the succession of Ingland as also of the dukes of Parma and Bragansa by the house of Lancaster CAP. VIII IT hath bin oftentymes spoken before vppon occasions offred that the princes of the house of Portugal at this day do persuade thēselues that the only remaynder of the house of Lancaster resteth among them as the only true heyres of the lady Blanch duchesse and heyre of Lancaster first wife of Iohn of Gaunt which pointe of these princes descents from the said duchesse of Lancaster though it be declared sufficiently before in the third and fourth chapters yet wil I briefly here also set downe and repeat agayne the reasons therof vvhich are these that follow Iohn of Gaunt vvas duke of Lancaster by the right of his first vvife lady Blanch and had by her only one sonne as also one daughter of vvhom vve neede heere to speake for that the other hath left no issue now liuing The sonne vvas king Henry the fourth vvho had issue king Henry the fift and he agayne Henry the sixt in vvhom vvas extinguished al the succession of this sonne Henry The daughter of Iohn of Gaunt by lady Blanch vvas called Phillip vvho vvas married to Iohn the first king of that name of Portugal vvho had issue by him king Edward and he agayne had issue king Alfonsus the fift king of Portugal and he and his ofspringe had issue agayne the one after the other vntil our tymes and so by this marriage of lady Phillip to their first king Iohn these princes of the house of Portugal that liue at this day do pretende that the inheritance of Lancaster is only in them by this lady Phillip for that the succession of her elder brother king Henry the fourth is expired long ago This is effect is their pretence but now vve vvil passe on to see vvhat others say that do pretend also to be of the house of Lancaster by a latter marriage Iohn of Gaunt after the death of his first vvife lady Blanch dyd marrye againe the lady Constance daughter of king Peter surnamed the cruel of Castile and had by her one daughter only named Catherin vvhom he married afterward back to Castile againe giuing her to vvife to king Henry the third of that name by vvhom she had issue king Iohn and he others so as lineally king Philippe king of Spayne is descēded from her vvhich king Phillip being at this day king also of Portugal and the cheife titler of that house vnto Ingland he ioyneth the inheritance of both the two daughters of Iohn of Gaunt in one so we shal not neede to talk of these two daughters hearafter distinctly but only as of one seing that both their discents do end in this one man The only difficultie and dissention is then about the issue of the third marriage vvhich vvas of Iohn of Gaunt vvith lady Catherin Swinford whom he first kept as a Concubine in the tyme of his second wife lady Constance as before hath bin shewed in the third chapter and begat of her fower children and after that his wife lady Constance vvas dead he tooke her to vvife for the loue he bare to his children a litle before his death and caused the said children to be legitimated by authority of parlament and for that none of these fower children of his haue left issue but only one that vvas Iohn earle of Somerset we shal speake only of him ommitting al the rest This Iohn then earle of Somerset had issue an other Iohn which was made duke of Somerset by king Henry the sixt who vvith his three sonnes vvere slayne by the princes of the house of Yorke in the quarrel of Lancaster so left only one daughter named Margaret who by her husbād Edmond Tydder earle of Richmond vvas Countesse of Richmond had by him a sonne named Henry earle of Richmond that was after king by the name of king Henry the senenth and from him al his discendents both of the house of Scotland and Suffolke do pretend also to be of the house of Lancaster which yet can be no otherwise then now hath bin declared to wit not from Blanch first wife heyre of the duchy of Lancastee but frō Catherin Swinford his third wife vvherin riseth the question vvhether those men I meane king Henry the seuēth his discendents may properlie be said to be of the true house of Lancaster or no wherunto some do answere vvith a distinctiō to wit that to the duchy of Lācaster wherof the first wife lady Blāch was heire these of the third marriage cannot be heyres but only the remaynder 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 crowne of Inglande which came by Iohn of Gaūt himselfe in that he vvas third sonne of K. Edward the third and eldest of al his children that liued vvhen the said king Edward dyed by vvhich is pretended also that he should haue succeded immediatly after him before king Richard the secōd as before in the fourth chapter hath bin declared to this right I saie to this interest of the crowne which came by Iohn of Gaunt himselfe not by lady Blāch or by any other of his wiues the discendents of king Henry the seuenth do say that they may and ought to succede for that Iohn earle of Somerset eldest sonne of Iohn of Gaunt by lady Catherin Swinford though he vvere begotten out of matrimony yet being afterward made legitimate he vvas to inherite this right of Iohn of Gaunt his father before the lady Phillip his sister for that so vve see that king Edvvard the sixt though yonger and but halfe brother vnto the lady Mary and Elizabeth his sisters yet he inherited the crowne before them and in like manner is lord Phillippe prince of Spaine at this daye to inherite al the states of that crowne before his two sisters that be elder then he so likewise saye these men ought Iohn of Somerset to haue donne before Phillippe his eldest sister if he had bin aliue at that tyme vvhen king Henry the sixt vvas put downe and dyed and consequently his posterity vvhich are the discendents of king Henry the seuenth ought to enioye the same before the princes
before her for that he was a man and of the vvhole blood to the last kings of the house of Lancaster and that she was a vvoman and but of the halfe blood so that three prerogatiues he pretended before her First that he vvas a man and she a vvoman and secondly that he descended of the lawful and elder daughter and she of the yonger brother legitimated and thirdly that he vvas of vvhole blood and she but of halfe and for better fortifying of this proofe of his title these men do alleage a certayne case determyned by the learned of our dayes as they say vvherin for the first of these three causes only the succession to a crowne vvas adiudged vnto king Phillip of Spayne to vvit the succession to the kingdome of Portugal vvhich case was in al respects correspondent to this of ours for that Emanuel king of Portugal had three children for so much as apperteyneth to this affaire for afterward I shal treat more particulerly of his issue that is to say two sonnes and one daughter in this order Iohn Elizabeth and Edward euen as Iohn of Gaunt had Hēry lady Philippe and Iohn Prince Iohn of Portugal first child of king Emanuel had issue an other Iohn and he had Sebastian in whom the line of Iohn the first child vvas extinguished but Iohns sister Elizabeth vvas married to Charles the Emperor had issue K. Phillip of Spayne that now liueth Edward also yōger brother to Elizabeth or Isabel had issue two daughters the one married to the duke of Parma the other to the duke of Bragansa so as king Phillip vvas in equal degree vvith these ladies in respect of king Emanuel for that he vvas sonne to his eldest daughter and the two duchesses vvere daughters to his yonger sonne vppon this rested the question vvhich of these should succeede and it vvas decided that it apperteyneth vnto king Phillip for that he vvas a man and his mother vvas the elder sister though if king Phillips mother and the two duchesses father I meane lord Edward of Portugal had bin aliue together no doubt but that he beinge a mā should haue borne it away vvhich these men say holdeth not in our case but is much more to our aduantage for that it hath bin shewed before that if Queene Phillippe had bin aliue vvith earle Iohn of Somerset at the death of king Henry the sixt she should haue bin preferred as legitimate by birth and therfore much more ought her nephew king Alfonsus to haue bin preferred afterward in that he vvas a man before the neece of the said earle Iohn of Somerset that vvas but a vvoman thus farr they And besides all this they do adde as often before I haue mentioned that king Alfonsus vvas of the vvhole blood vnto al the three king Henries of the house of Lancaster the countesse of Richmond vvas but of the halfe blood and for more strengthening of this argument they do say further that besides that interest or right to the crowne vvhich king Henry the fourth that vvas the first king of the house of Lancaster had by his father Iohn of Gaunt in that the said Iohn vvas third sonne of king Edward the third the said king Henry had diuers other interestes also which came of himselfe only and not from his said father as vvere for example his being called into the realme by general voyce of al the people his right gotten by armes vppon the euil gouerment of the former king the personal resignation and deliuery of the kingdome by solemne instrument made vnto him by king Richard his election also by parlament coronation by the realme and finally the quiet possession of him and his posteritie for almost threescore yeares vvith many confirmations of the whole realme by diuers acts of parlament othes and other assurāces as the world knoweth so many I meane and so autētical as could possibly be deuised or giuen and besides al this that vvhen king Richard vvas dead he vvas next in degree of propinquitie vnto him of any man liuing for that the sonnes of Roger Mortimer vvere two degrees further of then he as hath bin shewed before Al vvhich particuler rightes and interestes vvere peculier to Henry the fourth his person and vvere not in his father Iohn of Gaunt and therfore cannot possibly discend from him left by the last duke of Parma lord Ranutius that is now duke of Parma and lord Edward that is Cardinal and the lady Catherine duchesse of Bragansa that yet liueth hath issue diuers goodly princes as the lord Theodosius that is now duke of Bragansa and three yonger brothers to vvit Edward Alexander and Phillip al yong princes of great expectation and these are the children of king Emanuel vvhose particuler successions and issues I shall declare somwhat more yet in particuler Prince Iohn of Portugall afterward king by name of king Iohn the third had issue an other Iohn that vvas prince of Portugal but dyed before his father and left a sonne named Sebastian vvho vvas king and slayne afterward by the Moores in Barbary and so ended this first lyne The second sonne and fourth childe of king Emanuel vvas named lord Lewis and dyed also vvithout issue legitimate as is supposed for that don Antonio his sonne that afterward vvas proclaymed king by the people of Lisbone and now liueth in Ingland vvas taken by al men to be vnlawful as presently more at large shal be shewed so as after the death of king Sebastian their entred the Cardinal lord Henry vvhich vvas third sonne to king Emanuel and great vncle to king Sebastian lately disceased for that he was brother to king Iohn the third that vvas grand father to king Sebastian and albeit their vvanted not some accordinge as the authors wryte vvhich afterward I shal name vvho affirmed and held that king Phillip of Spayne should haue succeded king Sebastian before the Cardinal for that he vvas neerer in consanguinitie to him then vvas the Cardinal for that besides that king Phillip was sonne of king Emanuels eldest daughter he vvas brother also to king Sebastians mother yet the said Cardinal entred peceably and by consent of al parties but for that he vvas old and vnmarried and not like to leaue any child of his owne there began presently the contention in his dayes vvho should be his successor To vvhich succession did pretende fiue princes of the blood royal of Portugal besides the lady Catherine Queene mother of France who pretended by her mothers side to be discended of one lord Raphe earle of Bulayne in Picardy vvhich Raphe vvas eldest sonne of Alfonsus the third king of Portugal which Alfonsus before he vvas king to wit in the tyme of his elder brother king Sanches of Portugal was married to the countesse and heyre of Bullayn named Mathildis and had by her this Raphe but afterward this Alfonsus comming to be king of Portugal he married agayne
vvith the king of Castiles daughter and had by her a sonne called Denyse vvho reigned after him and his successors vnto this day al which succession of kinge Denyse his posteritie the said Queene mother would haue improued and shevved that it apperteyned to her by the said Raphe for this cause sent she to Portugal one lord Vrban bishop of Comince in Gasgonie to plead her cause vvhich cause of hers vvas quicklie reiected and only the forsaide fiue princes discended of king Emanuels children were admitted to tryal for the same which vvere Don Antonio sonne of lord Lewis the king Cardinals elder brother and king Phillip of Spayne sonne of lady Elizabeth the eldest sisteof t he said Cardinal and Philibert duke of Sauoy sonne of the lady Beatrix the same Cardinals yonger sister and the two duchesses of Parma and Bragansa named Mary and Catherine daughters of lord Edward yonger brother of the said Cardinal and yongest child of king Emanuel And for that the lady Mary duchesse of Parma vvhich vvas the elder of the tvvo daughters vvas dead before this controuersie fel out her eldest sonne lord Ranutio now duke of Parma pretended by her right to the said crowne And for that this matter vvas of so great importance euery parte procured to lay downe their reasons and declared their rightes in the best manner they could and such as could not be present themselues in Portugal sent thither their agentes Embassadors and Atturneys to plead their causes for them Don Antonio and the duchesse of Bragansa as inhabitants of that kingdome were present and declared their pretences namely Don Antonio by himselfe and for himselfe and the lady Mary of Bragansa by her husband the duke and his learned councel The prince of Parma sent thither for his parte one Ferdinande Farnese bishop of Parma The duke of Sauoy sent Charles of Rouere aftervvard made Cardinal The king of Spaine as the greatest pretender sent the lord Peter Gyrō duke of Osuna afterward Viceroy of Naples Syr Christopher de Mora knight of his chamber at that tyme but since of his priuye councel and lately made earle of Castel Rodrigo in Portugal of vvhich country he is natiue and besides these two a great lawyer named Roderigo Vasques made since as I heare saye lord President of Castil vvhich is as much almost as lord Chancelor vvith vs. Al these did lay forth before the king Cardinall their seueral reasons and pretensions to the succession of the crowne of Portugal for the fiue persons before mentioned whereof two vvere quickly excluded to wit the duke of Sauoy for that his mother was yonger sister to king Phillips mother and himselfe also of lesse age then the said king And secondly Don Antonio was also excluded by publike and iudicial sentence of the king Cardinal his vncle as illegitimate and borne out of lawful wedloke and albeit Dō Antonio denyed the same and went about to proue hym selfe legitimat 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 vppon examinatiō he had found them to be suborned vvhich he said vvas euident 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 vvhom he cast into prison and caused them to be punished and so sitting in iudgement accompained with fower bishopes and fower lawyers vvhō he had called to assist him in this cause he pronounced the same Don Antonio to be a bastard for vvhich the Authors that I haue read about this matter which are principally two the first named Hierom Franke a gentleman of Genua who wrote ten bookes in Italian of the vnion of the crowne of Portugal to the crowne of Castilia and the second is named Ioanes Antonius Viperanus a Sicilian as I take him who wrote one booke only in latine de obtenta Portugallia à rege Catholico Phillippo of Portugal gotte by king Phillip the Catholike both these bookes I say out of vvhom principally I haue taken the pointes which heere I wil touch do seuerally set downe the causes following vvhy the king Cardinal did reiect the pretence of Don Antonio before al other pretenders and pronounced him a bastard First for that he had byn euer so taken al the tyme of his fathers life and no man euer dowted therof or called the matter in question vntil now that himselfe denyed the same Secondly for that in the tyme of Iulius Tertius the Pope when certayne decres came out from Rome against the promotion of bastardes the same Dō Antonio sued to the said Pope to be dispensed with al in that case vvhich argueth that then he knew himselfe not legitimate Thirdly that his father the lord Lewis had often tymes both by word and writing testified the same that this Antonye vvas his bastard and had signified also so much in his last vvil testament Fourthly the said Cardinal as of himselfe also affirmed that if his brother the lord Lewis had euer dōne any such thinge as to marry this Woman who was but base in birth and of the Iewish race as these stories do affirme that it is like that he would haue made some of his owne frendes kynred acquainted therwith as a matter so much important for them to know but he neuer did though the said Cardinal auowed that himselfe was present vvith him at his death Fiftly he said that if Don Antonio had bin legitimate how happened that he did not pretend the succession before the Cardinal himselfe next after the death of king Sebastian seing that he vvas to haue gone before the said Cardinal by as good right as his other nephew Sebastian did if he had bin legitimate for that he vvas sonne also to the Cardinales elder brother as hath bin saide Sixtly lastly the said king Cardinal auowched against Don Antonio partly the disagreeing and partly the open confessing of the vvitnesses that they were suborned by him vppon al vvhich causes and considerations he proceeded to the iudicial sentence before alleaged Thus passed the matter in the case of Don Antonio vvho if he had bin legitimate no doubt but by al right he should haue bin preferred before al the other pretenders to the crowne of Portugal and must be at this day towards the crowne of Ingland before al those that pretend of the house of Portugal if vve graunt him to be legitimate and much more clearly may he pretend to the dukedome of Lancaster as before hath bin declared for that it must discend to the lawful heyre of lady Phillip Queene of Portugall wherof enseweth also one consideration not impertinent to vs in Ingland that seing we hold him there for true king of Portugal I see not
how we can denye him his right to the said dukedome at least of Lancaster wherof if vve would giue him but the possession with al the appurtenances as they lye it were no euel interteynmēt for him in our country vntil he could gett the possession of the crowne in his owne After the exclusions of these two pretenders to vvit of the duke of Sauoy and of Don Antonio the whole controuersie for Portugal remayned betweene the other three vvhich were the king of Spayne sonne of lady Isabel eldest daughter of king Emanuel and the tvvo duchesses of Parma and Bragansa daughters of the yonger sonne of the said king Emanuel to vvit of the lord Edward infant of Portugal And first of al for that the eldest of these two Ladyes to vvit Mary duchesse of Parma vvas now dead her eldest sonne lord Ranutio now duke of Parma entred in her place and alleaged that he represented his mother and she her father lord Edward which Lord if he had bin aliue he should no doubt haue bin preferred before his elder sister lady Elizabeth mother of king Phillip and consequently that the said lord Edwards issue ought to be preferred before her issue and this he alleaged against king Phillip And against the duchesse of Bragansa he alleaged that his said mother vvas the elder sister and for that cause he vvhich now possessed her right and represented her person vvas to be preferred before the said lady Catherine duchesse of Bragansa so that the foundation of this pretence of the duke of Parma vvas that he vvas nephew to the lord Edward by his eldest daughter and that to king Emanuel he was nephew once remoued by his sonne vvheras king Phillip vvas nephew but by his daughter only and that the lady Catherine of he was of the right discendant lyne of K. Iohn and the Cardinal vvas but of the collateral or transuersal lyne and that al law alloweth that the right lyne shal first be serued and preferred before the collateral shal be admitted so that heerby representation is nothing furthered This exclusion of representation did greatly further and aduance the pretence of king Phillip for the excluding of both these ladyes and their issues for that supposing as this answere auoucheth that their is no representation of father or mother or predecessors to be admitted but that euery pretender is to be considered only in his owne person then it followeth said these men which plead for the king that king Phillip being in equal degree of propinquitie of blood with the two ladyes in respect as wel of K. Hēry yet liuing for that they were al three children of brother and sister it followeth that he was to be preferred before them both as well in respect that he was a man and they both Women as also for that he was elder in age and borne before them both And albeit the duke of Parma alleaged that he was also a man yet was it answered that he was one degree further of from the foresaid kings then was king Phillip so as not respecting representation of their parentes that is to say not considering at all that king Phillip discended of a Woman the two duchesses of a man but only respecting their owne persons as hath bin declared these men auouched that king Phillipps person was euidently to be preferred for that he was a degree neerer in blood then the duke of Parma and superior in sex age to the lady Catherine of Bragansa Moreouer the lawyers of king Phillipps side affirmed that he was neerer also in propinquitie of blood to king Sebastian the last king then vvas the very king Cardinal himselfe much more than any of the other two pretenders for that he was brother to the said king Sebastians mother and the Cardinal was but brother to his grādfather And besides this they alleaged that Portugal did belong to the crowne of Castil by diuers other meanes of old as for that it could not be giuen away by kings of Castil in marriage of their daughters as the principal partes therof had byn as also for that whēking Iohn the first that was a bastard was made king of Portugal by election of the people the inheritance therof did euidently apperteyne to king Iohn of Castil that had to wife the lady Beatrix daughter and heyre of Ferdinand king of Portugal from which inheritance of that crowne by open iniurye both she and her posteritie vvhose right is in king Phillip at this day vvere debarred by the intrusiō of the said Iohn master of Auis bastard brother of the foresaid king Ferdinand These reasons alleaged diuers lawyers in the behalfe of king Phillip and those not only Spaniards but also of diuers other countryes nations as my authors before named do anow and many bookes were written of this matter and when the contention vvas at the hotest then died the king Cardinal before he could decide the same controuersie vppon which occasion the king of Spaine being persuaded that his right vvas best that he being a Monarch and vnder no temporal iudge vvas not bound to expect any other iudgment in this affayre not to subiect himselfe to any other tribunal but that he might by force put himselfe in possession of that which he tooke to be his owne if otherwise he could not haue it deliuered vnto him for so write these authors by me named seing also don Antonio to pretend the said kingdome by only fauour of some populer partie that he had In Lisbone the said king Phillip entred vppon Portugal by force of armes as al the world knoweth and holdeth the same peaceably vnto the day And I haue byn the longer in setting downe this contention about the succession to the crowne of Portugal for that it includeth also the very same pretence and contention for the crowne of Inglād For that al these three princes before named may in like manner pretend the succession of that interest to the house of Lancaster and by that to the crowne of Ingland which doth discend from Queene Phillippe eldest daughter of Iohn of Gaunt duke of Lancaster and sister of king Henry the fourth as hath largely bin declared And albeit that some men Wil saye that this matter is now decided which of these princes of the house of Portugal hath the interest to Ingland for that king Phillip being now preferred in the succession of Portugal entreth also therby to the other right of succession of Ingland yet others vvill say no for that the lawes of succession in Portugal and Ingland be different For that in Ingland representation taketh place so as the children of the sonne though they be women shal euer be preferred before the children of the daughter though they be men vvherof these men do inferr that seing the lady Phillipps right before mentioned to the dukedome of Lancaster and therby also to the crowne of Ingland is to be preferred according to
are thos contributions termed by the names of subsidies helpes beneuolences lones prests contributions and the like if al be dew and not voluntary of the subiects parte How haue parlaments oftentymes denyed to their Princes such helpes of money as they demaunded Why are their iudges appoynted to determyne matter of sutes and pleas between the Prince and his subiects if al be his and the subiect haue nothing of his owne And last of al why doth the Cannon Law which is a part also of my profession and receaued in most countries of the vvorld so straightly inhibit al Princes vppon payne of excommunication to impose new impositions taxes vppon ther people without great consideration and necessity and free consent of the giuers if al be the Princes and nothing of the subiect nay whybe al Princes generally at this daye prohibited to alienat any thing of their owne crowne without consent of ther people if they only be Lords of al and the people haue interest in nothing And hereby also vve may gather what the Prophet Samuel meant when he threatned the Iewes with the disorders of kings that should raigne ouer them not that thes disorders were lawful or appertayned to a rightious king but that seing they refused to be vnder the moderate gouermēt of their high priests other gouernors which God had giuen them hitherto and required to be ruled by kings as other heathen nations of Egypt Babilon Syria and Persia were whos manner of gouerment not only Historiographers but Philosophers also and Aristotle among the rest doth note to haue bin very tyranical yet for that the Iewes would needs haue that gouerment as a matter of more pompe and glory then that which hitherto they had had Samuel did first insinuate vnto them what extorsion and wickednes thos heathen kings did vse commonly ouer ther people in taking their childrē seruants wiues goods and the like from them and that many kings of Israel should do the like and take it for ther right and souerainty and should oppresse and tyrānise ouer them and inforce them to cry out to God for helpe and they should not find remedy for that so heddyly they had demaunded this change of gouerment which highly displeased almighty God and this is the true meaning of that place if it be vvel considered and not to authorize herby iniustice or wickednes in any king seing the principal poynts recorded to al Princes kings through out the whole course of scripture are diligere iudictum iustitiam apprehendere disciplinam facere veritatem that is to saye to loue iudgment and iustice to admit discipline to execute truth and this is the instruction that God gaue to the Iewes in Deutronomy for their kings when they should haue them which God foretould many yeares before they had any and this is the admonition that king Dauid left vnto his sonne and successor Salomon at his death and by him to al other kings and Princcs and for want of obseruing thes points of iudgment iustice discipline truth vve see not only Achab and Iezabel Before mentioned greuiously punished but many other kings also by God himselfe as Achaz Manasses Ioachim and the like which had not bin iustice on Gods part so to punish them if it had bin lawful for them to vse that manner of proceeding towards their people as thes good instructors of Princes in our dayes most fondly and wickedly do affirme and thus much for that place But to the first point which you asked by vvhat law the common wealthes that are mentioned in the former chapters did punish their euel Priuces I haue answered you before that it is by al law both diuine and humane diuine for that God doth approue that forme of gouerment which euery common vvealth doth chuse vnto it selfe as also the conditions statutes and limitations vvhich it selfe shal appoynt vnto her Princes as largely before hathe bin declared And by al humane law also for that al law both natural national and positiue doth teach vs that Princes are subiect to law order and that the common vvealth which gaue them ther authority for the commō good of al may also restrayne or take the same away agayne if they abuse it to the common cuel And vvheras thes men saye that like as if a priuate man should make his inferior or equal to be his Prince he could not after restrayne the same agayne and so nether the commō wealth hauing once deliuered away her authority I answere first that the comparison is not altogether like for that a priuat man though he giue his voice to make a Prince yet he being but one maketh not the Prince vvholy as the common vvealth doth and therfore no maruaile though it lye not in a particuler mans hād to vnmake him agayne besides this a priuat man hauing giuē his voice to make his Prince remayneth subiect and inferior to the same but the vvhole body though it be gouerned by the Prince as by the head yet is in not inferior but superior to the Prince nether so giueth the common vvealth her authority and power vp to any Prince that she depriueth her selfe vtterly of the same vvhen neede shall require to vse it for her defence for vvhich shee gaue it And finally which is the cheefest reason of al the very ground and foundation in deede of al kings authority among christians the power and anthority vvhich the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata as vve Ciuilians cal it that is to say a power delegate or power by commissiō from the commō wealth which is giuen vvith such restrictions cautels and conditions yea vvith such playne exceptions promises and othes of both parties I meane betwene the king and common wealth at the day of his admission or coronation as if the same be not kept but vvilfully broken on ether part then is the other not bounde to obserue his promise nether though neuer so solemly made or sworne for that in al bargaines agreements and contracts wher one parte is bound mutually and reciprocally to the other by oth vow or condition ther if one side go from his promise the other stādeth not obliged to performe his and this is so notorious by al law both of nature and nations and so cōform to al reason and equity that it is put among the very rules of both the Ciuil and cannon law vvher it is said frustra fidem sibi quis postulat seruari ab eo cui sidem à se prestitam seruare recusat He doth in vaine require promisse to be kept vnto him at an other mans hands to vvhom he refuseth to performe that which himselfe promised and agayne Non abstringitur quis iuramento ad implendum quod iur auit si ab alio parte non impletur cuius respectu praebuit iur amentum A
vvith litle intention of performance But in al good and vvel ordered common vveathes wher matters passe by reason conscience vvisdom and consultation and espetially since christian religion hath preuailed giuen perfection to that natural light vvhich morall good men had before in matters of gouerment since that tyme I say this point of mutual and reciprocal othes betvveene Princes and subiects at the day of ther coronation or admission for al are not crowned haue bin much more established made cleare and put in vre And this forme of agreement and conuention betwene the common vvealth and their christian head or king hath bin reduced to a more sacred and religious kinde of vnion and concord then before for that the vvhole actiō hath bin donn by Bishopes and ecclesiastical Prelats and the astipulation and promises made on both sides haue passed and bin giuen receaued and regestred vvith great reuerence in sacred places and with great solemnity of religious ceremonies vvhich before vvere not so much vsed though alvvayes ther weare some And therfore our examples at this tyme shal be only of christian common vvealthes for that they are more peculiarly to our purpose as you wil confesse First then to begin vvith the East or Greeke Emperors of Constantinople as the most anicient among other for that after the Empire once translated from Rome to Constantinople by our Constantine the great and the first Christian Emperor that euer did publiquely shew himselfe for such thes Greeke Emperors were the most eminent Princes of al christianity among vvhom I do finde that albeit ther comming to the crowne were nothing so orderly for the most part as at this day it is vsed but many tymes the meanes therof vvere turbulēt and seditious yet find I as I saye that aboue a thousand yeares gone they vvere wont to haue an oth exacted at their handes by the patriarck of Constantinople vvho was their chiefe Prelate for thus writeth Zonaras of the coronation of Anastatius the first that succeded Zeno about the yeare of Christ 524. Antequam coronaretur fidei confessionem scriptam qua polliceretur se in dogmatibus Ecclesiasticis nihil esse nouaturum ab eo exegit patriarcha Euphemius vir sanctus orthodoxus The Patriarch Euphemius being a holy and catholique man required of Anastatius elected Emperor before he was crowned a confession in writing wherin he should promisse to change or innouate nothing in matters perteyning to the doctrine of the church thus much Zonaras the same haue Nicephorus Euagrius others And not only this but diuers other conditions also doth the same author insinuate that this Anastatius promised at his corouation before he could be crowned as among other things the taking away of certaine tributs and impositions the giuing of offices without money and other like points appertayning to reformation and good gouerment vvhich he performed for a tyme in the beginning of his gouerment but after fel into the heresies of the Eutichians banished this same good Patriach Euphemius that had crowned him he thriued therafter for that he vvas slayne by a thunder bolt from heauē after he had reigned 7. yeares and vvas accompted for a very wicked man by al vvriters for that he had broken as they said the conditions quas graui iuramento scriptis relato confirmasset That is to say the conditions which he had confirmed auowed with a graue oth as sayeth Euagrius The like I read about 300. yeares after recorded by the same author of the Emperor Michael the first in thes wordes Michael vbi diluxit magnam ecclesiam ingressus à Patriarcha Nicephoro imperatorio diademate est ornatus postulaio prius scripto quo promitteret se nulla ecclesiae instituta violaturum neque christianorum sanguine manus contaminaturum Which is Michel new chosen Emperor came early in the morning into the great church of Constantinople and vvas crowned ther with the Emperial crowne by the handes of Nicephorus the Patriach but yet so as hs was first required to swear and promise by writing that he would not violate the ordināces of the church nor contaminat his hands with christian blood which in effect is as much to say as that he should reigne godly iustly and many other such examples might be alleaged but by this it is easy to see what vvas the fassion of admitting and crowning thos gretian Emperors by their Patriarkes in the name of al the common wealth which common wealth was not satisfied with an oth except also it were set downe in vvriting And if we passe to the latine west empyre which about this very tyme was restored by Zacharie the pope and by the whole common wealth of Rome as before hath bin shewed and was giuen to Charles the great and his posterity vve shal fynd that this point is more setled and more in-violably kept yet in this empyre thē in the other for albeit that this empire of the west vvent by succession for the most part at the begining vntil afterwards it vvas appointed by Pope Gregory the fifth to passe by the election of certaine Princes in Germanie that now enioy that priueledge to be electors yet shal vve see alwaies that they euen before this cōstitution when this dignity went by succession were neuer admitted to the same vvithout this circumstance of swearing to conditions of righteous gouerment the forme and manner of which admission for that I find it set downe more perfectly and particulerly in the coronation of Otho the first then of any other Emperor and that by many authors and that this Otho was sonne and heyre vnto the famous Emperor Henry the first of that name Duke of Saxonie surnamed the faulkner for the great delight he had in the flght of faucons for thes causes I meane to begin with the coronation of this man before any other This Otho then sonne as I haue said to Henry the first though being his eldest sonne he vvere also his heyre and so named by Henry him self to the inheritance of the said crowne of Germany yet was he not admitted thervnto vntil he had made his oth and receaued his new approbation by the people for so the story saith that the Archbishop of Moguntia who is the chief primate of al Germany bringing him to the aulter wher he must swear said thes vvords vnto the people Behold I bring you heare Otho chosen by God appointed out by his father Henry our Lord and now made king by al the Princes of this empire if this election please you do you signifie the same by boulding vp your handes to heauen Thus far are the vvordes of the historiographer and then he addeth that al held vp their handes and that theruppon the said archbishop turned ahout to the aulter vvher lay al the oruaments and ensignes of the empyre as the sword vvith the girdle the cloke vvith
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
their king Chintilla was present in Tolledo as Ambrosio Morales noteth And thus much of Spayne before the entrance of the Moores and before the deuiding therof into many kingdomes which happened about a hundreth yeares after this to wit in the yeare of our Sauiour 713. and 714. But after the Moores had gayned al Spayne and deuided it betwene them into diuers kingdomes yet God prouided that vvithin fowre or fiue yeares the christians that were left and fledd to the Mountaynes of Asturias Biscay found a certaine yong Prince named Don Pelayo of the ancient blood of the Gotish kings vvho vvas also fled thither and miraculously saued from the enemyes whom they chose straight vvaies to be their king and he began presently the recouery of Spayne and was called first king of Asturias and afterward of Leon and after his successors gatt to be kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena Iaen Cordua Granade Siuil Portugal and Nauarra al which were different kingdomes at that tyme so made by the Moores as hath bin said And al thes kingdomes were gayned againe by litle and litle in more then 7. hundred yeares space which were lost in lesse then two yeares and they neuer came againe in deede into one Monarchie as they were vnder Don Rodrigo ther last king that lost the whole vntil the yeare of our Lord 1582. when Don Philippe now king of Spayne re-vnited againe vnto that crowne the kingdome of Portugal which was the last peece that remayned seperated and this vvas almost 900. yeares after Spaine was first lost But now to our purpose the chronicler of Spayne named Ambrosio Morales doth record in his chronicle a certaine law written in the Gotish tonge and left since the tyme of this Don Pelayo the first king after the vninersal distruction of Spaine and the title of the law is this Como se an de leuantar Rey en Espn̄a y como el ha de Iurar los fueros that is to saye how men must make ther king in Spaine and how he must sweare to the priuileges and liberties of that nation And then he putteth the articles of the law wherof the first saith thus Before al thinges it is established for a law liberty and priutledge of Spayne that the king is to be placed by voius and consent perpetually and this to the intent that so euel king may enter without consent of the people seing they are to giue co him that which with ther blood and laboures they haue gayned of the Moores Thus far goeth this first article which is the more to be marked for that diuers and thos most ancient spanish authors do say that from this Don Pelayo the succession of kings descended euer by propinquity of blood and yet vve see that election was ioyned ther vvithal in expresse termes The second part of the law conteyneth the manner of ceremonyes vsed in those old dayes at the admission of their kings which is expressed in thes wordes let the king be chosen admitted in the metropolitan citie of this kingdome or at least wise in some cathedral church and the night before he is exalted let him watch al night in the church and the next day let him heare masse and let him offer at masse a peece of scarlet and some of his owne money and after let him communicate and when they come to lift him vp let him step vppon a buckler or target and let the cheife and principal men ther present hold the target and so lifting him vp let them and the people cry three tymes as hard as they can Real Real Real Then let the king comaund some of his owne money to be cast among the people to the quantity of a hundreth shillings and to the end he may giue al men to vnderstand that no man now is aboue him let him self tye on his owne sword in the forme of a crosse let no knight or other man beare a sword that day but only the kinge This was the old fashion of making kings in spayne which in effect and substance remayneth stil though the manner therof be somewhat altered for that the spanish kings be not crowned but haue an other ceremony for their admission equal to coronation which is performed by the Archbishop of Toledo primat of al spayne as the other coronations before mentioned are by the Archbishop of Moguntia to the Emperor and by the Archbishop of Guesna to the king of Polonia and by the Archbishop of Praga to the king of Boemia and by the Archbishop of Braga to the king of Portugal and by the Archbishop of Canterbury to the king of Ingland and by the Archbishop of Rhemes to the king of France of which realme of France we may not omit to say somewhat in particuler seing it is so goodly a kingdome and so neere to Ingland not only in situation but also in Lawes manners customes and as the race of Inglish kings haue come frō them in diuers manners since the conquest so may it be also supposed that the principal ceremonies and circumstances of this actiō of coronation hath bine receaued in like manner from them First then touching the acte of coronation and admission of the king of France euen as be fore I haue said of Spayne so also in this kingdom do I find two manners of that action the one more ancient which the French do say hath indured in substance from ther first Christian king named Clodoueus vnto this day which is about eleuē hundred yeares for that Clodoueus vvas christened the yeare of our Lord 490. in the cytie of Rheims by S. Remigius Bishop of that citie and annointed also and crowned king by the same bishop which manner and order of anoynting and coronation endured after for about 6. hundred yeares vnto the tyme of Henry the first king Phillip the first his sonne both kings of France At vvhat tyme which is about 500. yeares a gone both the Chroniclers and Cosmographers of France do teftifie that ther was a peculier booke in the library of the church of Beuais conteyning the particuler order of this action which had endured from Clodoueus vnto that tyme. Which order for so much as toucheth the solemnitie of officers in the coronation and other like circumstances vvas far different at that tyme from that which is now for that in those dayes ther were no peeres of France appointed to assist the same coronation which now are the chiefe and the greatest part of that solemnirie Yea Girard du Hailan secretarie of France in his third booke of the affaires and state of that kingdome sayth that the ceremonies of crowning their old kinges were much after the fashion which I haue noted a litle before in this very chapter out of the law of Don Pelayo first king of Spaine after the Moores for
into Ingland but after this tyme the manner and ceremonies was somwhat altered and made more maiestical in outward shew this especially by king Lewis surnamed the yonger nephew to the foresaid king Phillip who leauing the substance of the action as it vvas before caused diuers external additions of honor and maiestie to be adioyned therunto especially for the coronation of his sonne Phillip the seconde surnamed Augustus whom he caused also to be crowned in his dayes as his grand father Phillip had bin and as himselfe had bin also in his fathers dayes This man among other royal ceremonyes ordeyned the offices of the twelue peeres of France 6. Ecclesiastical and 6. temporal vvho are they which euer since haue had the chiefest places and offices in this great action fot that the fore said Archbishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of al others and annoynteth crowneth the king The bishop Duke of Laon beareth the glasse of sacred oyle The bishop Duke of Langres the crosse The Bishop and earle of Beuais the mantel royal The Bishop Earle of Noyon the kings girdle and last of al the Bishop and Earle of Chalons doth cary the ring and thes are the six ecclesiastical peeres of France with their offices in the coronation The temporal peeres are the Duke of Burgundie deane of the order vvho in this day of coronation holdeth the crowne the Duke of Gasconie Guyene the first banner quartered the Duke of Normandie the 2. banner quartered the Earle of Tholosa rhe golden spurres the Earle of Champanie the banner Royal or standerd of warr and the Earle of flanders the sword royal so as thet are 3. Dukes 3. Earles in euery one of both ranks of spiritual temporal Lords and as Girard noteth the king is apparraled on this day 3. times and in 3 seueral sortes the first as a priest the secōd as a king ād vvarryer the third as a iudge and finally he saith that this solemnitie of anoynting and crowning the king of France is the most mag nificent gorgious and maiestical thing that may be seene in the vvorld for which he referreth vs not only to the particuler coronations of thes two ancient king Phillipps the first second but also to the late coronation of Henry the second father to the last kings of France which is also in printe and in deede is a very goodly and most notable thing to be read though in deede much more to be seen But to say a vvord or two more of Phillip Augustus before I passe any further which happened in the yeare 1179. and in the 25. of the reigne of our king Henry the 2. of Ingland who as the French stories say was present also at this coronation and had his ranck among the peeres as Duke of Normandy and held the kings crowne in his hand one of his sonnes had his ranck also as Duke of Gasconie the forme vsed in this coronation was the very same which is vsed at this day in the admission of the kings of France in recounting wher-of I wil let passe al the particuler ceremonies Which are largely to be read in Francis Belforest in the place before mentioned and I vvil repeate only the kings oth which the said author recounteth in thes wordes The Archbishop of Rhemes being vested in his pontifical attyre and come to the aulter to begin masse wher the king also was vppon a high seat placed he turned to him and said thes wordes in the name of al the cleargie and churches of France Syre that which we require at your handes this day is that you promise vn to vs that you wil kepe al canonical priuileges law and iustice dew to be keept defended as a good king is bound to do in his realme and to euery bishop and church to him committed wherunto the king answered I do promisse and auow to euery one of you and to euery church to you committed that I wil kepe and mainteyne al canonical priuileges law and iustice 〈◊〉 to euery man to the vttermost of my power and by Gods helpe shal defend you as a good king is bound to doe in his realme This being done the king did sweare and make his oth laying his handes vppon the gospel in thes wordes following Au nom de Iesus Christ ie iure promets au peuple christien a moy suiect ces choses c. Which is in Inglish In the name of Iesus Christ I do sweare and promise to al Christian people subiect vnto me thes points ensuning first to 〈◊〉 that al my subiects be kept in the vnion of the church and I wil defend them from al excesse rapine extorsion and iniquity secondly I wil take order that in al iudgments iustice shal be kept with equity and mercy to the end that God of his mercy may conserue vnto me with you my people his holy grace and mercy Thirdly I shal endeuour as much as possibly shal lye in me to chase and driue out of my realme and al my dominions al such as the church hath or shal declare for heretiques as God shal help me and his holy gospels Thus swereth the king and then kysseth the gospels and mediatly is song Te Deum laudamus and after that are said many particuler prayers by the Archbishop and then is the king vested and the ring scepter crowne and other kingly ornaments and ensignes are brought put vppon him with declaration first vvhat they signifie then particuler prayers are made to God that ther signification may be by the king fulfilled And after al ended the Archbishop with the Bishops do blesse him and say thes vvordes vnto him God which reigneth in heauen and gouerneth al kingdomes blesse you c. Be you stable and constant and hold your place and right from hence forth which heere is committed and laid vppon you by the authority of almighty God and by this present tradition and deliuery which we the bishops and other seruants of God do make vnto you of the same and remember you in place conuenient to beare so much more respect reuerence vnto the 〈◊〉 by how much neerer then other men you haue seene 〈◊〉 to approch to Gods aulter to the end that Iesus Christ mediator of God and man may confirme and maynteyne you by the cleargie and people in this your royal seat and throne who being lord of Lords and king of kings make you reigne with him and his father in the life and glory euerlasting Thus saith the Archbishop vnto him and after this he is led by him and the other peares vnto the seat royal wher the crowne is put vppon his head and many other large ceremoneies vsed vvhich may be read in the author a fore said and are to long for this place And yet haue I bin the larger in this matter of France
our lord 1170. but his deuise had no good successe for that king Henry the yonger made war soore after vppō king Henry the elder had both the kings of France and Scotland many nobles of ingland and Normandie to take his part for which cause it is thought that this thing hath neuer bin put in practise againe since that tyme in Ingland but yet heerby it is euident what the opinion of the world vvas in those dayes of the force of coronation and admission of the common vvealth how litle propinquitie of blood preuaileth vvithout that And for more ample profe heerof and fuller cōclusion of al the whole matter I had thought to haue laid downe also in this place some number of the most nororious examples that I haue read for I haue read many vvherin the commō vvealth vppon iust occasions hath extended her authority to alter the natural course of succession by birth but for that the thing requireth some litle study and loking ouer some notes that I haue taken out of stories for helpe of memorie I shal deferr it vntil our next meeting at vvhat tyme I shall by Gods grace make this pointe very cleere and so ende my vvhole discourse for I see that I haue bin much longer then at the beginning I purposed and now I desire much to giue place vnto our temporal lawyer heere present vvho I doubt not hath matter to say of more delectation pleasure then this though you of your curtesies haue done me so much sauour as to heare me hitherto vvith patience and attention Whervnto the vvhole company answered that not vvith patience but vvith great pleasure delight and contentation they had hard him and so they vvould do the temporal lawer also in his turne but yet they desired him that nothing of this discourse might be omitted but vvholy finished for that it gaue very great satisfaction to al and opened many important pointes vnto them vvhich they had neuer thought of before and vvith this they parted for that night euery man vnto his loging habitation HOVV THE NEXT IN SVCCESSION BY PROPINQVITY OF BLOOD HATH OFTEN tymes bin put back by the commonwealth others further of admitted in their places euen in those kingdomes where succession preuaileth with many examples of the kingdomes of Israel and Spayne CAP. VII AT the next meeting the Ciuilian camein very pensiue as though his head had bin ful of study vvherof being asked the reason he answered that he had reuolued many stories since his departure about the pointe vvhich he promised to treat of that he had found such store and great variety of matter as he knew not vvel vvher to begin and much lesse where to end for quoth he if I should begin with the 〈◊〉 kinges before mentioned it vvere infinite that might be alleaged and perhaps some man vvould say they vvere ouer old and far fetched examples and cannot be presidents to vs in these ages if I lay before you the examples of Romane kings and emperors put in and out against the law and right of succession the same men perhapps vvil answer that it vvas by force and iniury of mutinous souldiars whervnto that common wealth was greatly subiect And if I should bring forth any presidents and examples of holy scriptures some other might chance to reply that this was by particuler priuilege vvherin God almightie would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose wil is more then law and whose actions are right it selfe for that he is lord of al and to be limited by no rule or law of man but yet that this is not properly the acte of a common wealth as our question demanndeth Thus I say it may be that some man would reply and therfore hauing store inough of plaine and euident matter vvhich hath no exception for that it hath happened in setled commō vvealthes those 〈◊〉 home where the law of succession is receaued and established to vvit in Spayne France and Ingland I shal retyre my selfe to them aloue but yet putting you in mynd before I passe any further that it is a matter much to be marked how god delt in this poynt vvith the people of Israel at the beginning after he had graunted to them that they should hauve the same gouerment of kings that other nations round about the had vvhos kings did ordinarily reigne by succession as ours do at this day and as al the kings of the Iewes did afterwards and yet this not-vvith standing God at the beginning to vvit at the very entrance of their first kings vvould shew playnely that this law of succeding of the one the other by birth and propinquity of blood though for the most part it should preuaile yet that it was not so precisely necessary but that vppon iust causes it might be altered For proofe wherof we are to consider that albeit he made Saule a trew and lawful king ouer the lewes consequently also gaue him al kingly priuileges benefites and prerogatiues belonging to that degree and state wherof one principal as you know is to haue his children succede after him in the crowne yet after his death God suffred not any one of his generatiō to succed him though he left behinde him many children and among others Is boseth a prince of 40. yeares of age vvhom Abner the general captayne of that nation with eleuē tribes followed for a tyme as their lawful lord and master by succession vntil God checked them for it and induced them to reiect him though heyre apparent by discent and to cleaue to Dauid newly elected king vvho vvas a stranget by birthe no kynee at al to the king deceased And if you say heere that this vvas for the sinne of Saule vvhom God had reiected I do confesse it but yet this is nothing against our purpose for that vve pretend not that a prince that is next in blood can iustly be put back except it be for his owne defects or those of his ancestors And moreouer I vvould haue you consider that by this it is euident that the fault of the father may preiudicate the sonnes right to the crowne albeit the sonne haue no parte in the fault as vve may se in this example not only of Isboseth that vvas punished and depriued for the offence of Saul his father not with standing he had bin proclay med king as hath bin said but also of Ionathas Saules other sonne vvho vvas so good a man and so much praysed in holy seripture yet he being slayne in warr and leauing a sonne named Miphiboseth he vvas put back also though by nearnes of blood he had great interest in the succession as you see and much before Dauid But Dauid being placed in the crowne by election free consent admission of the people of Israel as the scripture playnly testifieth
king Charles the simple vvhich Luys was coÌ„monly called now in France by the name of d'Outremer that is be-yond the sea for that he had bin brought vp in Ingland the said states being also greatly and continually sollicited heerunto by the Embassadors of king Adelstan of Ingland and by William Duke of Normandie surnamed long speer great grand father to William the conqueror who by the king of Ingland vvas gayned also to be of the yong princes part for these considerations I say they resolued to cal him into France out of Ingland as his father had bin before him and to admitt and crowne him king and so they did and he reigned 27. yeares and vvas a good Prince died peaceablie in his bedd the yeare of Christ 945. This king Luys d'Outremer left tvvo sonnes behind him the eldest vvas called Lothaire the first who succeded him in the crowne of FraÌ„ce and the second vvas named Charles vvhom he made Duke of Lorayne Lothaire dying left one only sonne named Luys as his grand father vvas vvho was king of France by the name of Luys the 5. and dying vvithout issue after tvvo yeares that he had reygned the crowne vvas to haue gone by lyneal succession vnto his vncle Charles the duke of Lorayne secoÌ„nd sonne to Luys d'Outremer as is euident but the states of France did put him by it for mislike they had of his person and did chose Hugo Capetus Earle of Paris and so ended the second lyne of Pepin and of Charles the great and entred the race of Hugo Capetus vvhich endurcth vntil this day and the French stories do say that this surname Capet vvas giuen to him vvhen he vvas a boy for that he vvas wont to snatch avvay his fellovves cappes from their heades vvherof he vvas termed Snatch cappe vvhich some do interprete to be an abodement that he should snatch also a crowne from the true owners head in tyme as aftervvard vve see it fel out though yet he had it by election and approbation of the common vvealth as I haue said And in this respect al the french chroniclers who otherwise are most earnest defenders of ther law of succession do iustifie tâ—is title of Hugo Capetus against Charles for vvhich cause Frances Belforest doth alleadge the saying of William Nangis an ancient and diligent chronicler of the Abby of S. Denys in France vvho defendeth king Capetus in these vvords VVe may not graunt in any case that Hugh Capet may be estemed an inuador or vsurper of the crowne of France seing the Lordes Prelates princes and gouernors of the realme did cal him to this dignitie and chose him for their king and Soueraine Lord thus much Nangis vppon vvhich wordes Belforest saieth as followeth I haue layd before you the vvordes and censure of this good religious man for that they seeme to me to touch the quick for in very truth we cannot by any other meanes defend the title of Hugh Capet from Vsurpation and fellonie then to iustifie his comming to the crowne by the consent and wil of the common wealth and in this I may wel excuse me from inconstancie and contradiction to my selfe that haue so earnestly defended succession before for he that wil consider how and vvith vvhat conditions I defended that shal easely see also that I am not heere contrary to the same thus much Belforest I Thinke it not a misse also to put downe heer some part of the oration or speech vvhich the Embassador that vvas sent at that tyme from the state of France vnto Charles of Loraine after their election of Hugh Capet and Charles exclusion did vse vnto him in ther names which spech Girard doth recount in these wordes Euery man knoweth Lord Charles that the succession of the crowne and realme of France according to the ordinary Lawes and rights of the same belongeth vnto you and not vnto Hugh Capet now our king but yet the very same lawes vvhich do giue vnto you this right of succession do iudge you also vnworthy of the same for that you haue not endeuored hitherto to frame your life and manners according to the prescript of those lawes nor according to the vse custome of your coumtrey of France but rather haue allyed your selfe vvith the German nation our old enimies and haue acquainted your selfe vvith their vile and base manners Wherfore seing you haue forsaken abandoned the ancient vertue sweetnes and amitie of the french vve haue also abandoned and left you and haue chosen Hugh Capet for our king and haue put you back and this without any scruple or preiudice of our consciences at al esteeming it far better and more iust to liue vnder Hugh Capet the present posessor of the crowne with enioying the ancient vse of our lawes customes priuileges and liberties then vnder you the inheritor by neernes of bloode in oppression strange customes and cruelty For euen as those which are to make a voyage in a ship vppon a dangerous sea do not so much respect vvhether the pilot which is to guyd the sterne be owner of the ship or no but rather whether he be skilful valiant and like to bring them in safety to ther wayes end or to drowne them among the waues euen so our principal care is that we haue a good Prince to leade and guyd vs happely in this way of ciuil and politique life vvhich is the end why princes were appointed for that this man is fitter to be our king This message did the states of France send to Charles of Lorayne in defence of their doings and with this he lost his succession for euer and afterwards his life also in prison and the French men thought themselues secure in conscience as you see for doing the same which God hath also since seemed to confirme with the succession and happy successe of so many noble and most christian kings as haue issued out of this line of Hugo Capetus vnto this day And this spoken now of the second lyne of France I take to be sufficient for proofe of our purpose without going any further for that if we do but number these kings alredy named that haue reigned in this second race from king Pepin downwards vnto Hugh Capet vvhich are about 17. or 18. kings in 238. yeares vve shal finde that not some few but the most part of them did both enter and enioy ther crownes and dignities contrary to the law of lyneal discent and of next succession by blood Wherof also ther would not vvant diuers examples in the third and last discent since Hugo Capetus tyme if we would passe further to examine the stories ther-of For not to go further downe then to the very next discent after Hugh which vvas king Robert his sonne Girard affirmeth in his story that of his two sonnes which he had named Robert and Henry Robert the elder vvas put back and his yonger brother Henry
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
solemnities and feastes that were celebrated at ther seueral natiuities so as it seemeth ther can be no ertor in this matter The 2. reason is for that we read that this Lord Edmond was a goodly vvise and discreet prince notwithstanding that some authors cal him crokback and that he vvas highly in the fauour both of his father king Henry as also of his brother king Edward and employed by them in many great warres and other affayres of state both in France other where vvhich argueth that ther was no such great defect in him as should moue his father and the realme to depriue him of his succession Thirdly vve reade that king Henry procured by diuers waies and meanes the aduancement of this L. Edmond as giuing him the earldomes of Lecester Darby besides that of Lancaster as also procuring by al meanes possible with exceding great charges to haue him made king of Naples Sicilie by pope Innocentius which had bin no pollicy to haue done if he had bin put back from his inheritance in Ingland for that it had bin to haue armed him against his brother the king Fourthly we see that at the death of his father king Henry the third this Lord Edmond vvas principally left in charge with the realme his elder brother prince Edward being scarsly returned frō the warr of Asia at what tyme he had good occasion to chalēg his owne right to the crowne if he had had any seing he wanted no power therūto hauing three goodly sonnes at that tyme aliue borne of his wife Queene Blanch dowager of Nauarre vvho had bin marryed before to Henry king of Nauarre and contie of Champaine to whom she had borne only one daughter that vvas marryed to Phillip le bel king of France But vve shal neuer reade that either he or any of his children made any such clayme but that they liued in very good agreement high grace vvith king Edward the first as his children did also vvith king Edward the second vntil he began to be mis-led in gouerment and then the two sonnes of this Lord Edmond I meane both Thomas and Henry that successiuely vvere earles of Lancaster made vvarr vppon the said Edward the second and vvere the principal doers in his deposition in setting vp of his sonne Edward the third in his place at vvhat tyme it is euidēt that they might haue put in also for themselues if there title had bin such as this report maketh it A fift reason is for that if this had bin so that Edmond earle of Lancaster had bin the elder brother then had the controuersie betweene the two houses of York and Lancaster bin most cleare and vvithout al doubt at al for then had the house of Yorke had no pretence of right in the vvorlde and then vvere it euident that the heyres general of Blanch duchesse of Lancaster vvife of Iohn of Gaunt to wit the discendentes of lady Phillip her daughter that vvas marryed into Portugal these I say and none other were apparent and true heyres to the crowne of Ingland at this day and al the other of the house of Yorke vsurpers as wel king Henry the 7. as al his posterity ofspring for that none of them haue 〈◊〉 of the said Blanch as is manifest And therfore lastly the matter standeth no doubt as Polidor holdeth in the later ende of the life of king Henry the third vvhere hauing mētioned these two sonnes Edward Edmōd he addeth these wordes Ther wanted not certayne men long tyme after this that affirmed this Edmond to be the elder sonne to king Henry the third and to haue bin depriued of his inheritance for that he was deformed in body but these thinges were feyned to the end that king Henry the fourth that came by his mothers side of this Edmond might seeme to haue come to the kingdome by right whereas in decd he gat it by force Thus saith Polidor in this place but aftervvard in the begining of the life of the said K. Henry the 4. he sayeth that some vvould haue had king Henry to haue pretended this title among other reasons but that the more part accompting it but a meare fable it vvas omitted Novv then it being cleere that of these two sonnes of king Henry the third prince Edward vvas the elder and lawful heyre it remayneth only that vve set downe their seueral discents vnto the tymes of king Edward the third and his children in whose dayes the dissention controuersie betweene these royal houses of Yorke and Lancaster began to break fourth And for the issue of Edward that vvas king after his father by the name of king Edward the first it is euident that albeit by two seueral vviues he had a dosen children male and femal yet only his fourth sonne by his first vvife called also Edward vvho vvas king after him by the name of king Edward the second left issue that remayned which Edward the second being afterward for his euel gouerment deposed left issue Edward the third vvho vvas made king by election of the people in his place and after a long and prosperous reigne left diuers sonnes vvherof after vve shal speak and among them his third sonne named Iohn of Gaunt married lady Blanch daughter and heyre of the house of lancaster and of the fornamed Lord Edmond Crouchback by vvhich Blanch Iohn of Gant became duke of lancaster so as the lines of these tvvo bretheren Edward and Edmond did meete and ioyne againe in the fourth discent as novv shall appeare by declaration of the issue of the foresaid L. Edmond Edmond then the second sonne of K. Henry the third being made county palatine of Lancaster as also earle of Lecester and of Darby by his father king Henry as hath bin said had issue three sonnes to vvit Thomas Henry and Iohn among vvhom he deuided his three states making Thomas his eldest sonne county palatine of Lancaster Henry earle of Lecester Iohn earle of Darby But Thomas the eldest Iohn the yongest dying vvithout issue al three states fel againe vppon Henry the second sonne vvhich Henry had issue one fonne and three daughters his sonne vvas named Henry the second of that name earle of Lancaster and made duke of Lancaster by king Edward the third and he had one only daughter heyre named Blanch vvho vvas marryed vnto Iohn of Gant as before hath bin said But Duke Henries three sisters named Ioan Mary and Elenor vvere al marryed to diuers principal men of the realme for that Ioan vvas marryed to Iohn L. Maubery of vvhom are descended the Howards of the house of Norfolk at this day and Mary vvas marryed to Henry lord Pearcy from vvhom cometh the house of the Earles of Northumberland and Elenor vvas married to Richard earle of Arundel vvhence is issued also by his mothers side the Earle of Arundel that novv is so as of this
anno Domini 1397. he caused al his said issue to be legitimated which he had begotten vppon this lady Swinford before she vvas his wife But now to go foreward to declare the issue of thes three sonnes of Iohn of Gaunt by Catherine Swinford two of them that is Thomas duke of Excester and Henry Cardinal and Bishop of Winchester dyed vvithout issue Iohn the eldest sonne that vvas earle of Somerset had issue two sonnes Iohn and Edmond Iohn that vvas duke of Somerset had issue one only daughter named Margeret vvho vvas married to Edmond Tidder earle of Richmond by whom he had a sonne named Henry earle also of Richmond vvho after vvas afterward made king by the name of Henry the seuēth was father to K. Henry the eight and grand father to the Q. maiestie that now is this is the issue of Iohn the first sonne to the duke of Somerset Edmōd the secōd sonne to Iohn earle of Somerset was first earle of Mortaine and then after the death of his brother Iohn vvho dyed vvithout issue male as hath bin said vvas created by king Henry the sixte duke of Somerset and both he and almost al his kyn vvere slayne in the quarrel of the said king Henry the 6. and for defence of the house of Lācaster against York For first this Edmōd himselfe was slayne in the battel of S. Albanes against Richard duke and first pretender of Yorke in the yeare 1456. leauing behind him three goodly sonnes to wit Henry Edmond Iohn vvherof Henry succeded his father in the duchy of Sommetset and vvas taken and beheaded in the same quarrel at Exham in the yeare 1463. dying vvithout issue Edmond likewise succeded his brother Henry in the duchy of Sommerset and vvas taken in the battel of Tewkesbury in the same quarrel and ther beheaded the 7. of May 1471. leauing no issew Iohn also the third brother marques of Dorset vvas slayne in the same battel of Tewkesbury and left no issue and so in these tvvo noble men ceased vtterly al the issue male of the line of Lancaster by the children of Iohn of Gaunt begotten vppon lady Swinford his third vvife so that al vvhich remayned of this vvoman vvas only Margeret Countesse of Richmond mother to king Hēry the 7. which king Henry the 7. and al that do descende from him in Ingland or out of Inglande do hold the right of Lancaster only by this third mariage of Catherine Swinford as hath bin shewed and no wayes of Blanch the first vvife or of Constance the second and this is enough in this place of the discents of Iohn of Gaunt and of the house of Lancaster and therfore I shal now passe ouer to shew the issue of the howse of York I Touched breefly before how Edmond Langley duke of Yorke fourth sonne of king Edward the third had two sonnes Edward earle of Rutland and duke of Aumatle that succeded his father afterward in the duchy of Yorke and vvas slayne vvithout childrē vnder king Henry the 5. in the battayle of Egencourt in France and Richard earle of Cambridge vvhich marryed lady Anne Mortimer as before hath bin said that was heyre of the house of Clarence to wit of Leonel duke of Clarence second sonne to king Edward the third by vvhich marriage he ioyned together the two titles of the second fourth sonnes of king Edward and being himselfe conuinced of a conspiracy against king Henry the 5. vvas put to death in Southampton in the yeare of Christ 1415. and third of the reygne of king Hēry the 5. and fift day of August This Richard had issue by lady Anne Mortimer a sonne named Richard vvho succeded his vncle Edward duke of Yorke in the same duchy and afterward finding himselfe strong made clayme to the crowne in the behalfe of his mother and declaring himselfe chiefe of the faction of the white rose gaue occasion of many cruel battailes against them of the red rose and house of Lancaster and in one of the battels vvhich vvas giuen in the yeare 1460. at Wakfilde himselfe was slayne leauing behind him three sonnes Edward George and Richard wherof Edward vvas afteward king of Ingland by the name of Edward the fourth George was duke of Clarence and put to death in Calis in a butte of secke or malmesie by the commandement of the king his brother Richard was Duke of Glocester and afterward king by murthering his owne two nephewes and was called king Richard the third Edward the eldest of these three brothers which afterward was king had issue two sonnes Edward Richard both put to death in the tower of London by ther cruel vncle Richard he had also fiue daughters the last fowre wherof I do purposly omitt for that of none of them ther remayneth any issue but the eldest of al named Elizabeth was marryed to king Henry the 7. of the house of Lancaster and had by him issue king Henry the 8. and tvvo daughters the one marryed vnto Scotlād vvherof are discended the king of Scots and Arbella the other matryed to Charles Brandon duke of Suffolk vvherof are issued the children of the earles of Hartford and Darby as after more at large shal be handled and this is the issue of the first brother of the house of Yorke The second brother George duke of Clarence had issue by his wife lady Isabel heyre to the earldomes of Warwick and Salisbury one sonne named Edward earle of Warwick vvho vvas put to death afterward in his youth by King Henry the 7. and left no issue this duke George had also one daughter named Margaret admitted by King Henry the eight at what tyme he sent her into wales with the princesse Mary to be coūresse of Salisbury but yet marryed very meanely to a knight of vvales named Syr Richard Poole by whom she had foure sonnes Henry Arthur Geffrey and Renald the lastvvherof vvas Cardinal and the other two Arthur and Geffrey had issue for Arthur had two daughters Mary and Margaret Mary was married to Sir Iohn Stanny Margaret to Sir Thomas fitzharbert Sir Geffrey Poole had also issue an other Geffrey Poole and he had issue Arthur and Geffrey which yet liue Now then to returne to the first sonne of the countesse of Salisbury named Henry that vvas Lord Montague and put to death both he and his mother by king Henry the 8. this man I say left two daughters Catherine and vvenefred Catherine was married to Sir Francis Hastings earle of Huntington by vvhich marriage issued Sir Henry Hastings now earle of Huntington and Sir Georg Hastings his brother who hath diuers children And Wenefred the yonger daughter vvas married to Sir Thomas Barington knight vvho also wanteth notissue and this is of the second brother of the house of Yorke to vvit of the duke of Clarence The third brother Richard duke of Glocester and afterward king left no issue
so as this is al that is needful to be spoken of the house of York in which vve see that the first and principal competitor is the king of Scots and after him Arbella and the children of the earles of Hartford and Darby are also competitors of the same house as discended by the daughter of the first brother Edward duke of Yorke and king of England and then the Earle of Huntington and his generation as also the Pooles Barringtons and others before named are or may be titlers of York as descended of George duke of Clarence second sonne of Richard duke of Yorke all vvhich issue yet seme to remayne only within the compasse of the house of Yorke for that by the former pedegre of the house of Lancaster it seemeth to the fauorets of this howse that none of these other cōpetitors are properly of the line of Lancaster for that king Henry the 7. comming only of Iohn of Gaunt by Catherin Swinford his third wife could haue no part in Lady Blanch that vvas only inheritour of that house as to these men seemeth euident Only then it remaineth for the ending of this chapter to explane some-what more clearly the discent of king Henry the 7. and of his issue for better vnderstanding vvhereof you must consider that king Henry the 7. being of the house of Lancaster in the manner that you haue heard and marrying Elizabeth the eldest daughter of the contrary house of Yorke did seeme to ioyne both houses together make an end of that bloody controuersie though others now wil say no but how soeuer that vvas vvhich after shal be examined cleere it is that he had by that mariage one only sonne that left issue and two daughters his sonne vvas king Henry the 8. vvho by three seueral wiues had three children that haue reigned after him to vvit king Edward the 6. by Queene Iane Seymer Queene Mary by Queene Catherine of Spaine and Queene Elizabeth by Queene Anne Bullen of al which three children no issue hath remayned so as now vve must returne to consider the issue of his daughters The eldest daughter of king Henry the 7. named Margaret vvas married by her first mariage to Iames the fourth king of Scots vvho had issue Iames the 5. he againe Lady mary late Queene of Scots and dowager of France put to death not long ago in Ingland vvho left issue Iames the 6. now king of Scots And by her second mariage the said Lady Margeret after the death of king Iames the 4. tooke for husband Archebald Duglas earle of Anguys in Scotland by whom she had one only daughter named Margeret which vvas married to Mathew Steward earle of Lenox and by him she had two sonnes to vvit Hēry Lord Darly and Charles Steward Henry marryed the foresaid Lady Mary Queene of Scotland vvas murthered in Edinbrough in the yeare 1566. as the world knoweth and Charles his brother marryed Elizabeth the daughter of Sir William Candish in Ingland by whom he had one only daughter yet liuing named Arbella an other competitor of the crowne of Ingland by the house of Yorke and this much of the first daughter of kinge Henry the 7. Mary the secōd daughter of king Henry the 7. yonger sister to king Henry the 8. vvas maried first to Lewis the 12. king of Frāce by whom she had no issue and afterward to Charles Brandon duke of Suffolk by whō she had two daughters to witt Frances and Elenor the lady Francis vvas marryed first to Henry Gray marques of Dorset after duke of Suffolk behedded by Queene mary and by him she had three daughters to vvit lane Catherine and Mary the lady Iane eldest of the three was married to L. Guylford Dudly sonne to Iohn Dudly late duke of Northumberland vvith whom I meane with her husband father in law she was beheaded soone after for being proclaymed Queene vppon the death of king Edward the fixt the lady Catherine second daughter maryed first the lord Henry Herbert earle of Penbroke and left by hym again she dyed afterward in the tower wher she vvas prisoner for hauing had two childrē by Edward Seymer earle of Hartford vvithout sufficient proofe that she vvas married vnto him and the tvvo children are yet liuing to vvit 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 vvilton and maryed after to Martin keyes gentleman porter yet hath she left no issue as far as I vnderstand This then is the end of the issue of Lady Francis first of the two daughters of Queene Mary of France by Charles Brandon duke of Suffolk for albeit the said lady Francis after the beheading of the said Henry Lord Gray duke of Suffolk her first husband married againe one Adrian Stokes her seruant had a sonne by him yet it liued not but dyed very soone after Now then to speak of the yonger daughter of the said Frenche Queene and duke named Elinor she vvas married to Henry Clifford Earle of Comberlād who had by her a daughter named Margaret that vvas married to Lord Henry Stanley earle of Darby by whom she hath a plentiful issue as Ferdinand now earle of Darby William Stanley Francis Stanley and others and this is al that needeth to be spoken of these discents of our Inglish kings princes peeres or competitors to the crowne for this place and therfore now it resteth only that vve begin to examine what different pretentions are framed by diuers parties vppon these dissents and genealogies vvhich is the principal point of this our discourse OF THE GREAT AND GENERALL CONTROVERSIE AND CONTENTION BETVVEENE the two houses royal of Lancaster and York and which of them may seeme to haue had the better right to the crowne by way of succession CAP. IIII. AND first of al before I do descend to treat in particuler of the different pretences of seueral persons and families that haue issued out of these two royal linages of Lancaster and Yorke it shal perhaps not be amisse to discusse with some attention what is or hath or may be said on both sides for the general controuersie that lyeth betweene them yet vndescided in many mens opinions notwithstanding their hath bin so much sturr about the same not only writing and disputing but also fighting and murthering for many yeares And truly if we looke into diuers histories recordes and authors vvhich haue written of this matter vve shal find that euery one of them speaketh commonly according to the tyme wherin they liued for that al such as wrote in the tyme of the three Henries fourth fift and sixt kings of the house of Lancaster they make the title of Lancaster very cleare and vndoubted but such others as wrote since that tyme 〈◊〉 the house of Yorke hath held the scepter they haue spoken in far different manner as namely
and she neece once remoued he preuailed in like manner and thus farr Gerrard historiographes of France And no doubt but if we consider examples that fell out euen in this very age only concerning this controuersie betweene the vncle and nephew we shal finde store of them for in Spaine not long before this tyme to wit in the yeare of Christ 1276. vvas that great and famous determination made by Don Alonso the wise eleuenth king of that name and of al his realme and nobility in their couites or parlament of Segouia mentioned before by the Ciuilian wherin they disinherited the children of the prince Don Alonso de la Cerda that dyed as our prince Edward did before his father and made heyre apparent Don Sancho brauo yonger brother to the said Don Alonso and vncle to his children the two yong Cerdas Which sentēce standeth euen vnto this day and king Phillip enioyeth the crowne of Spaine therby and the dukes of Medina Celi and their race that are discendentes of the said two Cerdas vvhich vvere put backe are subiects by that sentence and not soueraines as al the world knoweth The like controuersie fel out but very litle after to vvit in the tyme of king Edward the third in frāce though not about the kingdome but about the earldome of Artoys but yet it was decided by a solemne sentence of two kings of France and of the whole parlament of Paris in fauour of the aunte against her nephew which albeit it cost great troubles yet vvas it defended and king Phillip of Spaine holdeth the county of Artoys by it at this day Polidor reporteth the story in this manner Robert earle of Artoys a man famous for his chiualry had two children Phillip a sonne and Maude a daughter this maude vvas marryed to Otho earle of Burgundy and Phillip dying before his father left a sonne named Robert the second vvhose father Robert the first being dead the question was vvho should succede ether maude the daughter or Robert the nephew and the matter being remitted vnto Phillip le Bel king of France as chiefe Lord at that tyme of that state he adiuged it to Maude as to the next in blood but vvhen Robert repyned at this sentence the matter vvas referred to the parlament of Paris vvhich confirmed the sentence of king Phillip wher vppon Robert making his way with Phillip de Valoys that soone after came to be king of France he assisted the said Phillip earnestly to bring him to the crowne against king Edward of Ingland that opposed himselfe therunto and by this hoped that king Phillip would haue reuoked the same sentence but he being once established in the crowne answered that a sentence of such importance and so maturely giuen could not be reuoked Wheruppon the said Robert fled to the king of Inglands part against france thus far Polidor The very like sentence recounteth the same author to haue bin giuē in Ingland at the same tyme and in the same controuersie of the vncle against the nephew for the succession to the dukedome of Britany as before I haue related wherin Iohn Breno earle of Montford vvas preferred before the daughter and heyre of his elder brother Guy though he vvere but of the halfe blood to the last duke and she of the whole For that Iohn the third duke of Britanny had two brothers first Guy of the vvhole blood by father and mother and then Iohn Breno his yonger brother by the fathers side only Guy dying left a daughter and heyre named Iane married to the earle of Bloys nephew to the king of France vvho after the death of duke Iohn pretended in the right of his wife as daughter and heyre to Guye the elder brother but king Edward the third with the state of Ingland gaue sentence for Iohn Breno earle of Montford her vncle as for him that vvas next in consanguinity to the dead duke and with their armes the state of Ingland did put him in possession vvho flew the earle of Bloys as before hath bin declared and ther-by gat possession of that realme and held it euer after and so do his heyres at this day And not long before this againe the like resolution preuayled in Scotland betweene the house of Balliol and Bruse who were competitors to that crowne by this occasion that now I wil declare VVilliam king of Scots had issue tvvo sonnes Alexander that succeded in the crowne and Dauid earle of Huntington Alexander had issue an other Alexander and a daughter marryed to the king of Norway al which issue and lyne ended about the yeare 1290. Dauid yonger brother to king William had issue two daughters Margaret and Isabel Margaret vvas married to Alaine earle of Galloway and had issue by him a daughter that married Iohn Balliol Lord of Harcourt in Normādie vvho had issue by her this Iohn Balliol founder of Balliol College in Oxford that now pretended the crowne as discended from the eldest daughter of Dauid in the third discent Isabel the second daughter of Dauid vvas married to Robert Bruse Earle of Cleueland in Ingland vvho had issue by her this Robert Bruse earle of Carick the other competitor Now then the question betweene these two cōpetitors was vvhich of them should succeede ether Iohn Balliol that was nephew to the elder daughter or Robert Bruse that vvas sonne to the yonger daughter so one degree more neere to the stock or stemme then the other And albeit king Edward the first of Ingland whose power vvas dreadful at that day in Scotland hauing the matter referred to his arbitrement gaue sentence for Iohn Bailliol and Robert Bruse obeyed for the tyme in respect partly of feare and partly of his oth that he had made to stand to that iudgment yet vvas that sentence held to be vniust in Scotland and so vvas the crowne restored afterward to Robert Bruse his sonne and his posterity doth hold it vnto this day In Ingland also it selfe they alleage the examples of king Henry the first preferred before his nephew William sonne and heyre to his elder brother Robert as also the example of king Iohn preferred before his nephew Arthur duke of Britany for that king Henry the second had fower sonnes Henry Richard Geffrey and Iohn Henry dyed before his father vvithout issue Richard reygned after him and dyed also vvithout issue Geffrey also dyed before his father but left a sonne named Arthur duke of Britanie by right of his mother But after the death of king Richard the question vvas vvho should succeede to vvit either Arthur the nephew or Iohn the vncle but the matter in Ingland vvas soone decided for that Iohn the vncle was preferred before the nephew Arthur by reason he vvas more neere to his brother dead by a degree then vvas Arthur And albeit the king of Frāce and some other princes abroad opposed themselues for stomack against this succession of king Iohn yet say these
which is a token that they esteemed his title of Lancaster sufficient of it selfe to beare away the crowne albeit for better ending of strife he tooke to vvife also the lady Elizabeth heyre of the howse of Yorke as hath bin said and this may be sufficient for the present in this controuersie OF FIVE PRINCIPAL HOVSES OR LINAGES THAT DOOR MAY PRETEND TO THE CROWNE of Ingland which are the houses of Scotland Suffolke Clarence Britanie and Portugal and first of al of the house of Scotland which conteyneth the pretentions of the king of Scottes and the Lady Arbella CAP. V. HAVING declared in the former chapter so much as apparteyneth vnto the general controuersie betweene the two principal houses and royal families of Lancaster and Yorke it remayneth now that I lay before you the particuler chalenges claymes and pretentions which diuers houses and families descended for the most part of those two haue among themselues for their titles to the same Al which families may be reduccd to three or fower general heades For that some do pretende by the house of Lancaster alone as those families principally that do descend of the line royal of Portngal some other do pretende by the howse of Yorke only as those that are descended of George duke of Clarence second brother to K. Edward the fourth Some agayne wil seeme to pretend from both howses ioyned together as al those that descende from king Henry the seuenth vvhich are the houses of Scotland and Suffolke albeit as before hath appeared others do deny that these families haue any true part in the house of Lancaster which pointe shal afterward be discussed more at large And fourthly others do pretend before the two houses of Yorke and Lancaster were deuided as the Infanta of Spayne duchesse of Sauoy the prince of Lorayne such others as haue descended of the house of Britanny and France of al vvhich pretences pretendors vve shal speake in order and consider vvith indifferencie vvhat is said or alleaged of euery side to and fro begining first with the house of Scotland as with that which in common opinion of vulgar men is taken to be first and neerest though others denye it for that they are descēded of the first and eldest daughter of king Henry the seuenth as before in the third chapter hath bin declared First then two persons are knowne to be of this house at this daye that may haue action clayme to the crowne of Ingland the first is Lord Iames the sixt of that name presently king of Scotland who descendeth of Margaret eldest daughter of king Henry the seuēth that vvas married by her first marriage to Iames the fourth king of Scots by him had issue Iames the fift and he agayne the lady Mary mother to this king now pretendant The second person that may pretend in this house is the lady Arbella descended of the selfe same Queene Margaret by her secōd marriage vnto Archibald Douglas earle of Anguis by vvhom she had Margaret that vvas married to Mathew Steward earle of Lenox and by him had Charles her second sonne earle of Lenox vvho by Elizabeth daughter of Syr William Candish knight in Ingland had issue this Arbella now aliue First then for the king of Scots those that do fauour his cause wherof I confesse that I haue not founde very many in Ingland do alleage that he is the first and cheefest pretendor of al others and next in succession for that he is the first person that is descended as you see of the eldest daughter of king Henry the seuenth and that in this discent ther cā no bastardy or other lawful impediment be auowed vvhy he should not succeede according to the priority of his pretention and birth And moreouer secondly they do alleage that it would be greatly for the honor and profit of Ingland for that hereby the two Realmes of Ingland and Scotland should come to be ioyned a pointe lōge sought for and much to be wished and finally such as are affected to his religion do adde that hereby true religion wil come to be more setled also and established in Ingland which they take to be a matter of no smale consequence and consideration and this in effect is that vvhich the fauourers of this prince do alleage in his behalfe But on the other side there want not many that do accompt this pretence of the king of Scots neither good nor iust nor any waye expedient for the state of Ingland and they do answere largely to al the allegations before mentioned in his behalfe And first of al as cōcerning his title by neernes of succession they make litle accompt therof both for that in it selfe they saye it may easily be ouerthrowne and proued to be of no validitie as also for that if it were neuer so good yet might it for other considerations be reiected and made frustrate as our frend the Giuil lawyer hath largely learnedly proued these dayes in our hearing To begin then to speake first of the king of Scots title by 〈◊〉 of blood these men do affirme that albeit there be not alleaged any ba stardy in his discent from K. Henry the seuēth his daughter as there is in her second marriage against the lady 〈◊〉 yet are there other reasons enough to 〈◊〉 and ouerthrow this clay me and pretention and first of al for that he is not say these men of the house of Lancaster by the lady Blanch the only true 〈◊〉 〈◊〉 as before hath in 〈◊〉 bin shewed and shal be aftervvard more largely but only by Catherin Swinford whose children being vn lawfully begotten and but of the halfe blood whether they may by that legitimation of parlament that vvas giuen them be made inheritable vnto the crowne before the lawful daughter of the whole blood shal be discussed afterward in place conuenient when we shal talke of the house of Portugal but in the meane space these men do presume that the king of Scots is but only of the house of Yorke and then affirming further that the title of the house of Lancaster is better then that of Yorke as by many argumētes the fauorers of Lācaster haue indeuored to shew in the former chapter they do inferr that this is sufficient to make voide al clayme of the king of Scots that he maye pretende by neernes of blood especially seing there wāt not at this day pretēders enough of the other house of Lācaster to clayme their right so as the howse of Yorke shal not neede to enter for fault of true heyres and this is the first argumēt which is made against the Scotish king al the rest of his linage by the fauourers and followers of the said house of Lancaster A second Argument is made against the said kings succession not by them of Lancaster but rather by those of his owne house of Yorke vvhich is founded vppon his forraine birth by
vvhich they hold that he is excluded by the common lawes of Ingland from succession to the crowne for that the said lawes do bar al strangers borne out of the realme to inherite within the land and this is an argumēt hādled very largely betweene the foresaid bookes of M. Hales M. Morgan and my lord of Rosse for that the same doth concerne much the pretentions and claymes of diuers others that be strangers also by birth and yet do pretend to this succession as before hath bin declared I shal repeate breefly in this place the summe of that vvhich is alleaged of both parties in this behalfe First then to the general assertion that no stranger at al may inherite any thing by any meanes in Ingland the said bookes of M. Morgan my lord Rosse do answere that in that vniuersal sense it is false for that it appeareth playnely by that vvhich is ser downe by law in the seuēth nynth yeares of king Edward the fourth in the eleuēth fourteēth of K. Hēry the fourth that a stranger may purchase land in Ingland as also that he may inherite by his wife if he should marry an inheritrix Secondly they saye that the true maxima or rule against the inheritance of strangers is grounded only vppon a statute made in the 25. yeare of king Edward the third and is to be restrayned vnto proper inheritances only to wit that no person borne our of the allegeance of the king of Ingland whose father and mother vvere not of the same allegeance at the tyme of his birth for so are the wordes of the statute shal be able to haue or demande any heritage vvith in the same alleageance as heyre to any person Thirdly they say that this axiome or general rule cannot any way touch or be applied to the succession of the crowne first for that as hath bin declared before no axiome or maxima of our law can touch or be vnderstood of matters concerning the crowne except expresse mention be made therof and that the crowne is 〈◊〉 in many pointes that other priuate heritages be not And secondly for that the crowne cannot properly be called an inheritance of allegeance or vvithin allegeance as the wordes of the said statute do stande for that it is not holdē of any superiour nor vvith allegeance but immediatly from God And thirdly for that the statute meaneth plainly of inheritances by discent for otherwise as is said an allien may hold landes by purchase but the crowne is a thing incorporate and discendeth not according to the cōmon course of other priuate inheritances but rather goeth by succession as other incorporations do in signe wherof no king can by law auoide his letters patents by reason of his nonage as other common heyres vnder age do but he is euer presumed to be of ful age in respect of his crowne euen as a prior parson deane or other head incorporat is vvhich can neuer be presumed to be vvithin age and so as any such head incorporate though he be an allien might inherite or demaund landes in this discourse is set downe and especially by the testimonie of the L. Paget and Syr Edward Montague that said the stamp was put vnto it after the king vvas past sense yet they of the house of Suffolke are not satisfied vvith that answere for that they say that at least howsoeuer that matter of the late sealing be yet seing the king willed it to be donne drawen out and sealed it appeareth hereby that this was the last vvil and iudgment of king Henry and not reuoked by hym vvhich is sufficient saye these men to answere the intent and meaning of the realme and the authority committed to him by the foresaid two acts of parlament for the disposing of the succession vvhich tvvo acts say these men conteyning the vvhole authority of the common vvealth so seriously and deliberately giuē in so weightie an affaire may not in reason be deluded or ouer throwne now by the saying of one or two men who for pleasing or contenting of the tyme wherin they spake might say or gesse that the kings memorie vvas past vvhen the stampe was put vnto his testament vvhich if it vvere so yet if he commanded as hath byn saide the thing to be done vvhile he had memory as it may appeare he did both by the wittnesses that subscribed and by the enrolement therof in the chancery no man can deny but that this vvas the kings last wil vvhich is cnoughe for satisfying the parlamēts intention as these men do affirme A fourth argument is made against the king of Scotts succession by al the other competitors iointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded vppon a playne fresh statute made in the parlament holden in the 27. yeare if I erre not of her Maiesty that now is vvherin is enacted decreed that whosoeuer shal be cōuinced to conspire attempt or procure the death of the Queene or to be priuy or accessatie to the same shal loose al right title pretence clay me or action that the same parties or their heyrcs haue or may haue to the crowne of Ingland Vppon which statute seing that afterward the lady Mary late Queene of Scotlād mother of this king was condemned and executed by the authority of the said parlament it seemeth euident vnto these men that this king vvho pretendeth al his right to the crowne of Ingland by his said mother can haue none at al. And these are the reasons proofes arguments which diuers men do alleage against the right of succession pretended by the king of Scots But nowe if we leaue this pointe which concerneth the very right it self of his succescession by blood wil come to examine other reasons and considerations of state and those in particuler vvhich before I haue mentioned that his fauourers do alleage for the vtility and common good that may be presumed will rise to the realme of Ingland by his admission to our crowne as also the other point also of establishment of religiō by them mētioned then I say these other mē that are against his entrance do produce many other reasons and considerations also of great inconueniences as to them they seeme against this pointe of his admission and their reasons are these that follow First touching the publique good of the Inglish common wealth by the vniting of both realmes of Ingland Scotland together these men do saye that it is very doubtful and disputable whether the state of Ingland shal receaue good or harme therby if the saide vnion could be brought to passe First for that the state and condition of Scotlād wel cōsidered it seemeth that it can bring no other commodity to Ingland then increase of subiects and those rather to participate the commodities and riches of Ingland then to impart any from Scotland And then secondly
or collegiate church is remayned on foote vvith the rents and dignities therunto apperteyning and vvhen our nobilytie shal remember how the nobilitie of Scotland is subiect at this day to a few ordinary and common ministers vvithout any head vvho in their synodes and assemblies haue authority to put to the horne and driue out of the realme any noble man vvhatsoeuer vvithout remedy or redresse except he vvil yeald and humble himselfe to them and that the king himselfe standeth in avve of this exorbitant and populer povver of his ministers and is content to yeld therunto it is to be thought say these men that few Inglish be they of vvhat religion or opinion so-euer vvil shevv themselues forvvard to receaue such a King in respect of his religion that hath no better order in his ovvne at home and thus much concerning the King of Scotland Now then it remayneth that we come to treat of the lady Arbella second branch of the house of Scotlād touching whose title though much of that vvhich hath bin said before for or against the king of Scotland may also be vnderstoode to apparteyne vnto her for that she is of the same house yet shal I in this place repeat in few wordes the principal points that are alleaged in her behalfe or preiudice First of al then is alleaged for her and by her fauourers that she is descended of the foresaid lady Margaret eldest daughter of king Henry the seuenth by her second marriage vvith Archibald Duglas earle of Anguys and that she is in the third degree only from her for that she is the daughter of Charles Steward vvho was sonne to Margaret Countesse of Lenox daughter to the said lady Margaret Queene of Scots so as this lady Arbella is but neece once remoued vnto the said Queene Margaret to vvit in equal degree of discent vvith the king of Scots vvhich king being excluded as the fauorers of this vvoman do affirme by the causes and arguments before alleaged against hym no reason say they but that this lady should enter in his place as next in blood vnto him Secondly is alleaged in her behalfe that she as an Inglish vvoman borne in Ingland and of parents vvho at the tyme of her birth vvere of Inglish alleageance vvherin she goeth before the king of Scots as hath bin seene as also in this other principal pointe that by her admission no such inconuenience can be feared of bringing in strangers or causing troobles sedition vvith-in the realme as in the pretence of the Scotish king hath bin considered and this in effect is al that I haue heard alleaged for her But against her by other competitors and their frendes I haue hard diuers arguments of no smale importance and consideration produced vvherof the first is that vvhich before hath bin alleaged against the king of Scotlād in like māner to wit that neither of them is properly of the house of Lancaster as in the genealogie set downe in the third chapter hath appeared And secondly that the title of Lācaster is before the pretence of Yorke as hath bin proued in the fourth chapter wherof is inferred that neythere the king of Scots nor Arbella are next in successiō and for that of these two propositiōs ther hath bin much treated before I remitte me therunto only promising that of the first of the tvvo vvhich is how king Henry the seuēth vvas of the house of Lancaster touching right of succession I shal handle more particulerly afterward vvhen I come to speake of the house of Portugal vvherby also shal appeare playnly vvhat pretence of succession to the crowne or duchy of Lancaster the discendentes of the said king Henry can iustely make The second impediment against the lady Arbella is the aforesaid testament of king Henry the eight and the two acts of parlaments for authorising of the same by al vvhich is pretended that the house of Suffolke is preferred before this other of Scotland A third argument is for that there is yet liuing one of the house of Suffolk that is neerer by a degree to the stemme to vvit to Hēry the seuenth to vvhom after the discease of her Maiesty that now is we must returne then is the lady Arbella or the king of Scots and this is the lady Margeret countesse of Darby mother to the present earle of Darby vvho was daughter to lady Elenor daughter of Queene Mary of France that vvas second daughter of king Henry the seuēth so as this lady Margaret coūtesse of Darby is but in the third degree from the said Henry wheras both the king of Scotland and Arbella are in the fourth and consequently she is next in propinquitie of blood how greatly this propinquity hath bin fauoured in such cases though they vvere of the yōger liine the examples before alleaged in the fourth chapter do make manifest Fourthlie and lastely and most strongly of al they do argue against the title of this lady Arbella affirming that her discent is not free from bastardly vvhich they proue first for that Queene Margaret soone after the death of her first husband king Iames the fourth marryed secretly one Steward lord of Annerdale which Steward vvas alyue longe after her marriage vvith Duglas and consequently this second marriage vvith Duglas Steward being aliue could not be lawful vvhich they do proue also by an other meane for that they saie it is most certaine and to be made euident that the said Archibald Duglas earle of Anguis had an other vvife also aliue vvhen he married the said Queene vvhich points they say vvere so publique as they came to king Henries eares vvhervppon he sent into Scotland the lord William Howard brother to the old duke of Norfolke and father to the present lord Admiral of Ingland to enquire of these pointes and the said lord Howard founde them to be true and so he reported not only to the king but also aftervvards many tymes to others and namely to Queene Mary to vvhom he vvas lord Chamberlayne and to diuers others of vvhom many be yet liuing which can and will testefy the same vppon the relation they heard from the-sayd lord Williams owne mouthe vvheruppon king Henry vvas greatly offended and would haue letted the marriage betweene his said sister and Duglas but that they were married in secret and had consummate their marriage before this was knowne or that the thing could be preuented vvhich is thought vvas one especial cause and motiue also to the said king afterward to put back the issue of his said sister of Scotland as by his fornamed testament is pretended and this touching Arbellas title by propinquitie of byrthe But besides this the same men do alleage dimers reasons also of inconucnience in respect of the common vvealthe for vvhich in their opinions it should be hurtful to the real me to admitt this lady Arbella for Queene as first of al for that she is a
of Scotlands pretence together vvith the examples and iudgements of the realmes of Spayne and Portugal vvho resolued rather to alter the true order and course of their succession then to admit strangers ouer them do playnely confirme the same And last of al say these men the authoritie of holy scripture is euident in this behalfe for that vvhen God in Deutronomie did fortell by Moyses that the Iewes in tyme would come to change their gouerment and to desire a king as other nations rounde about them had he added yet this expresse conditiō that he should be only of their owne nation for he sayeth Constitues eum quem Dominus Deus tuus elegerit de numero fratrū tuorum non poteris alterius gentis hominem regem facere qui non sit frater tuus that is thow shalt make king at that tyme such a one as thy lord God shal chuse for that dignity out of the number of thy brethren but thovv mayst not make a king of any other nation but of thy owne brethren Thus say these men against admitting of strangers and it seemeth that their opinion and affection hath many followers for that generally we see most men affected and inclined this way But yet on the other side there wāt not other men vvho appeare bothe wise dis passionate graue that vvil seeme to consider this matter far otherwise and do say that al this is but a common vulgar preiudice of passionate men against strangers rysing partly by corruption of nature vvherby men are inclined to thinke euil of others and to beare them little affectiō especially such as gouerne and beare rule ouer them and so much the lesse by how much farther of they are from vs in kynred and acquaintance and partly also they saye that the same riseth of lacke of dew consideration in the most parte of men for that they weigh not the true reasons causes or effects of things but only the outward shew and so do runne away vvith the opinion and apprehensiō of the populer which for the most parte hath no other ground or foundation in it but only fancy and imagination orincitation of others that indeuour to procure tumults and so they say it falleth out in this pointe as vppon examination it shal appeare And for proofe and declaration of this their assertion they do require first of al that this ordinarie and common preiudice against strangers or strang gouerments be laid a side so long at least as the matter is in disputation and that only the true effects of good and profitable gouerment may be cōsidered without that other circumstance whether these frutes do come from stranger or hom-borne prince which effects are peace rest iustice defence of the innocent punishment of the wicked vvealth securitie and other such benefites that good gouerment is wont to bring with it to the subiects These things say these men are to be vveighed indifferently and vvithout passion by wisemen and vvheresoeuer these effects are more abundantly to be founde their the gouerment is best and their the subiects are in best case vvhatsoeuer the gouernours be or of what nation or country soeuer they be And this they shew by this example following If in two countryes or common wealthes lying nigh together the subiects of the one should liue in al ease vvealth and prosperity vnder a strainger as diuers states did vnder the Romans and in the other they should be beaten whipped and afflicted vnder a hom-borne prince as vve reade the Sicilians were vnder Phalaris and Dionisius their countrymen tyraunts cleare it is say these men that the stripes and afflictions vvould not seeme the easyer for that they come from a natural prince but rather the heauier and the others happye case vnder the strainger must needs seeme to be the better and consequently his gouerment rather to be wished for that in very truth the goodnes defect of euery gouerment is to be measured by the effects there of that redound vnto the subiects for vvhose good it vvas first ordeyned as oftentymes our frend the Ciuil lawyer hath touched and proued before And vvhen the subiects do liue vvel and prosperously are defended and maynteyned in peace saftie and vvealth when iustice is done equally to al men the vvicked punished and the good aduanced and rewarded when God is honoured and true religion mainteyned and vertue promoted this is that vvhich importeth the realme subiectes and not vvhere or in vvhat contrye the prince and his officers vvere borne or of vvhat nation language or kynred they be For that be the prince of vvhat linage or kynred soeuer yet after he is once established in his dignity the common subiect can haue no more conuersation vvith him nor receaue any more personal benefite of him then if he vvere a meere strainger except only by those commō and publique effects of his gouerment before mentioned for that so soone as he is placed in his dignity he becommeth a stranger to me and if he gouerne euel and afflict me litle auayleth it to me vvhether he be of my blood and country or no and I may say as the people of Israel in like case said vnto Roboam vvho for that he vvas king Dauids nephew and of the house of Isai thoughte his ftate assured for that he vvas their Lord and natural prince and so might presse and afflict them at his pleasures but they answered him plainly Que nobis parsin Dauid vel quae haereditas in filio Isai what part haue vve in Dauid or vvhat inheritance haue vve in the sonne of Isai and fo they left him and rather chose to be vnder Ieroboam a stranger and his seruant then vnder him This then is the first pointe which these men do demaund to vvit that vve consider equally and according to reason wisdome and truth without al partial affection vvhere by whō and by vvhat gouerment vve are likest to receaue and enioy the good and happie effects a boue mentioned of prosperitie to the subiect for that without al doubt say they that gouerment is to be deemed best and that subiection happiest vvhere those benifites are most enioyed let the prince or gouernour be of what nation or linage soeuer And on the other side that must needs be the vvoorst gouermēt vnto me vvhere I shal reape fewest and participat least of those effects be the prince neuer so much my country mā or kinsman and though he were borne in the same citie towne or house yea in the same belly with me As for example those men that liued say they in Spaine vnder king Peter the cruel or in Ingland vnder king Richard the third commonly called the tyrant what did it auayle them that those princes vvere of their owne country or blood seing they did that vnto them vvhich a strainger though neuer so barbarous would scarse haue done As in like manner al those
therof but rather of Arbella whom the Lord Treasoreris sayd especially to fauour at this present though for himselfe it be held somvvhat doubtful whether he be more fast to the protestant or to the puritan but if the protestant partye should be deuided then their forces wil be the lesse The authority of her maiestie is that which at this present ouer beareth al whē that shal fayle no man knoweth what the euent vvilbe for that now mens hartes are hardly descerned There forrayne frends and allies are of good number especially if the king of France proceed well in his affayres and do not in deede change his religion as he pretendeth that he wil but yet if the puritan do stande against them he is like to pull much from them both in France and Holland and as for Scotland it must needes be agaynst them both and this in respect of his owne pretence except the same be fauoured by them I meane by these two factions in Ingland which is hardly thought that any of them both wil do for the reasons before alleaged though some more hope may be that way of the puritan then of the protestant by reason of the said kings neernes to them in religion The puritan is more generally fauoured through-out the realme with al those vvhich are not of the Roman religion then is the protestant vppon a certayne general perswasion that his profession is the more perfect especially in great townes where preachers haue made more impression in the artificers and burgesses then in the country people And among the protestants themselues al those that are lesse interessed in Ecclesiastical liuings or other preferments depending of the state are more affected commonly to the puritans or easily are to be induced to passe that way for the same reason The person most fauoured by the puritans hitherto in common voice and opinion of men hath bin the earle of Huntington some speech of late of some diminution therin and that the Lord Beacham since his marriage hath entred more in affection with them The king of Scotts no doubt if he were not a strainger and had not the difficulties before mentioned were for his religion also very plausible I do not heare that the earle of Darby or his mother is much forward with these or with the protestant though of the later sort some are snpposed to vvish them vvell The frendes allies of the puritan abroade are the same that are of the Protestant to wit those of Holland and Zealand and such townes of France as follow the new king and ioyntly haue chainged their religion which are not many for that his greatest forces are yet those of the Roman Religion but yet if the sayd king preuaile and perseuer in his religion which of late as I haue sayde is called in doubt by his often protestations to the contrary and open going to masse then wil he be able to giue good assistance thoughe both these countryes I meane both Holland and France are liker in some mens opinions to assist the puritan then the protestant if the matter come in difference betweene them for that in truth they are more conforme to the puritan religion And as for the German citties that kepe yet and follow the particuler forme of Luther in religion they are like to do little for either partye both for their difference from both partyes in religion and for that they are poore for the most part and not actiue nor prouided to giue succur abroad except they be drawne thervnto by force of money The Puritan parte at home in Ingland is thought to be most vigorouse of any other that is to say most ardent quick bold resolute and to haue a great part of the best Captaines and souldiers on their side which is a pointe of no smal moment Greatly wil import among other poyntes which waye inclineth the cittye of London with the tower wherof the puritan as is sayde wanteth not his probability as neither doth he of some good part if not more of the nauy to be at his deuotion which point perhapps at that day vvilbe of as greate consequence as any thing els so much of him The third body of religion which are those of the Roman who cal thēselues Catholiques is the least in shew at this present by reason of the lawes and tydes of the tyme that runne agaynst them but yet are they of no smal consideration in this affaire to him that weigheth thinges indifferently and this in respect as wel of their partye at home as of their frends abroade for at home they being of two sortes as the vvorld knoweth the one more open that discouer themselues which are the recusants and the other more close and priuy that accommodate themselues to al external proceedings of the tyme and state so as they cannot be knowne or at least wise not much touched we may imagine that their nūber is not smal throughout the realme and this partly for the reason I mentioned before in that the most part of the country people that liue out of cittyes and great townes in which the greatest part of Inglish forces are wont to consist are much affected ordinarily to their religion by reason that preachers of the contrarie religion are not so frequent with them as in townes and partly also for that with these kinde of men as with them that are most afflicted and held downe at this tyme by the present state many other do ioyne as the manner is omnes qui amaro animo sunt cum illis se coniungunt as the scripture sayd of those that followed Dauids retinew pursued by Saul and his forces which is to say that al that be offended greued or any way discontented with the present tyme be they of what religion soeuer do easely ioyne with these men according to the old saying Solatium est miseris socios habere miseriae besides that their is euer lightly a certaine natural cōpassion that followeth in men towards those that are thought to suffer or be pursued and this oftentymes in the very enimye himselfe and then of compassion springeth as you know affection and of affection desire to helpe as contrary wise do rise commonly the contrary effects to vvitt emulation enuy and indignation against the prosperity of him that pursueth and is in prosperitie And for that in so great and populous a realme and large a gouerment as this of her maiestie hath byn there cannot want to be many of these kinde of discōtented mē asalso for that naturally many are desirous of changes it cannot be supposed but that the number of this sorte is great which maketh this party far the bigger Moreouer it is noted that the much dealing with these men or rather against them this especially in matters of their religion for these later yeares past hath much stirred them vp as also the like is to be
to king Richard The title of Yorke is by a VVomā Stovv in vit Henrici 5 au 3. regni The earle of Cambrige executed for conspiracy An obiection for Yorke that Edmond Mortymer vvas declared heyre apparent Polydor l. 20. Stovv in vit Rich. 〈◊〉 an 1385 Hollings-head in vit Rich. 2. pag. 1088. Stovv an 1382. Polydor li. 20. an 1394. The cause of hatred be rvveeue king Richard and the house of Lancaster Iohn frosard in histo Polydor. Hollings Stovv in vita 〈◊〉 2 Tho vvassing in vit Richardi 2. pag. 341. 344. Iohn Fros sard in vit Hēri VVhy Ro ger Mortimer vvas declared heyre apparent Hollings in vit Richard 3. pag. 1406. in vit Edvvard 6. pa. 1715 The declaration of king Edvvard 6. in fauour of the Lady Iane Gray Girard de Haillan l. 15. his Fran. initio VVhether vncles or nephevves to be preferred in Succession Barthol in 〈◊〉 〈◊〉 C. 〈◊〉 〈◊〉 〈◊〉 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the 〈◊〉 〈◊〉 And example of the vncle before the nephevv in spayne Garibay li. 13 cap. 14 and 1276. An other example in France and Flanders Polidor l. 25. in vit 〈◊〉 3. An other example of Britanny Supra c. 2 An other example in Scotland The conuentiō of the houses of Balliol Bruse in Scotland 8. Examples in Inglād 〈◊〉 head in vit Regis 〈◊〉 〈◊〉 142. Hovv Arthur duke of Britanny vvas declared 〈◊〉 apparent 〈◊〉 1. 14 〈◊〉 in vit Richar 〈◊〉 〈◊〉 420. 2. 3. Hollingli in vit Richar 〈◊〉 pag. 496. 499. 4. Hollingshead pag. 540. VValsing in ypodig Neustriss Opinions of lavvyers for the nephevv vncle Benedict Cap. Ranutius verb in eodem testam Baldus in lib. vt in test cap. de suis leg hered per. li. vnicam pro 20. sui autē nouissimo Touching the common lavv of Ingland Different rules in successiō of the crovvne and of other inheritances The common lavv grounded in custome Ancient lavvyers that defended the house of Lancaster Holling 〈◊〉 vit Hēric 6. pag. 〈◊〉 00. The summe of this controuersie repeated 1. 2. 3. Other arguments of Lancaster Stovv in vita Henrici 5. pag. 587. The princes of Yorke often attained Stovv in vita Henrici 6. 2. Yorke entred by violence Stovv in fine vit 〈◊〉 6. 3. The house of Yorke put dovvne a holy king 4. Long pos sessions of the house of Lancaster 5. The difference of kings of both houses 6. The princes of Yorke cruel one to the other Polydor virg hist. Anglie lib. 24. Great vnion faythfulnes of the princes of Lancaster Polyd. lib. 23. Diffentions in the house of Yorke King Edvvard 4. King Richard 3. King Hēry 3. hovv many he put to death of his ovvne kynred The de la pooles The house of Buckingam The house of Courtneis The house of Salisbury Seymers put to death Queene of Scots 7. No old noble house standing in Inglād but such as tooke parte vvith Lācaster Siue ancient noble hovvses Arondel Oxford Northum berland VVestmerland Shrevvsbury Houses that fauo red York deftroyed The Mon braies The de la Pooles The house of Salesbury VVarvvicke King 〈◊〉 the 7. crovvned in the fild in respect of the house of Lancaster only thoughe his tytle that vvay vvas not great A diuisiō of the families that do precend Of the house of Scotland Arbella In fauour of the king of Scots 1. 2. 3. Argumēt against the king of Scots 1. The king of Scots not of the house of Lancaster 2. The king of Scots foraine botne The controuersie about somayne 〈◊〉 Movv strāgers may inherite Reasons vvhy the statute toucheth not our case The crovvne not holdē by allegeance The king of Scots excluded by the starute of association Other cōsideratiōs against the King of Scots Ioyning of Inglād and Scotland together 1. Polydor. lib. 17. in vit Edvvardi primi 3. Inconueniences of bringing strāgers into Ingland A consideration of importance Polydot hist. Ang. l. s. 9. Example of Spaine Garibay l. 20 c 42. An Dn̄i 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dn̄i 1383. Stovv pa. 54. 59. 95. 76. Of the religion of Scotland Of the title of lady Arbella 1. 2. An Inglish vvoman Against Arbella 1. Not of the house of Lancaster 2. The testa ment of king Hēry 3. The coun tesse of darby neerer by a degree Illegitimation by bastardye The testimonie of the lord Vvillian hovvard Other reasons of state against Arbella Gouerment if vvomen Bolyd l. 12 Garibay li. 〈◊〉 c. 41 The issue of Charles Brandon Issue of lady Fran cis Stovv an 7. Edon 6 The issue of the L. Catherin The issue of L. Eleanor Allegations of the houses of Darby hartford the one against the other Charles Brandon had a vvyse a lyue First bastardie against the issue of hartford Stovv in vita Edvvard An. 〈◊〉 2. Bastardie 3. Bastardie The fourth be 〈◊〉 cōmon to both famines of Suffolk The ansvvere of those of hartford to the foresaid bastardies Of the marriage betvveen the earle of hartford and the L. Catherin Gray Concil Trid. Sess. 24. cap. 1. Hovv the second sonne of the earie of hart ford mav be legitimate Allegations of the house of Darby VVhy the earle of Huntingtōs house is said to be of the house of Clarence Issue of the house of Clarence Issue of S. Geffrey Poole The interest pretēce of the earle of Huntington Obiectiōns against the earle of Huntington 1. 2. Attainders in the house of Huntington Restitution may be in blood vvithout restitutiō of dignitie The pretence of the Pooles against Huntington Obiectiō of Religion The house of Britanie The course of inheritan ce in the crovvne of Frāce First pretence of the Infan ta to Ingland 1. 2. Polydor. in vita Guliel Rufi 3. Second pretence of the Infanta of Spaine 3. Pretence by Arthur duke of Britanie Belforest I. 3. cap. 71 hist. Fran. Electiō of Levvys the 8. to be King of Inglād Polydor. l. 15. hist. Angl. Holling Stovv in vita Ioannis Belfor li. 〈◊〉 cap. 67. Girard li. histor 〈◊〉 〈◊〉 〈◊〉 france Pretence by dissent from Hēry the third Admissiō by composition Obiectiōs against the Infan tas pretence The princes of Portugal are of the house of Lācaster The issue of lady Phillip Queene of Portugal Issue of Iohn of Gaunt by his later vviues Sce the arbor in the end of this booke The point of difficultie Issue of Catherin Svvinford The principal question Ansvver Duchie of Lācaster The crovvne An exam ple of Edvvard the sixth of the prince of spaine Replies of the house of Portugal The duke dome of Lācaster The legitimation of Catherin Svvinfords children not lavvful Stovv in vit Richardi 2. Garibay his Portugal l. 33 cap. 4. Note this example Stovv in vit Henrici 8. Iohn of Gauntes marriage vvith Catherin Svvinford helpeth not the legitimation The question betvveene lord Phillip and Iohn of Somerset The question betvveene the
nephevves The case of succession to Portugal The proper interest of K. Henry the 4. cānot discend to king Hēry the 7. Issue of K. Iohn the 3. of Portugal L. Levves father of Don Antonio King Hen ry Cardinal The pretence of the Queene mother in France to Portugal Fiue pretenders of the Grovvne of Portugal The contention about the succession of Portugal Atturneyes sent to Portugal sentēce of illegitimation against Don Antonio VVriters of this cō trouerfie 1. The 〈◊〉 vvhy don Antonio vvas pronounced illegitimate 2. 3. 4. 5. 6. Don Antonio his pretēce to Ingland Three principall pretenderes of Por tugal Pretence of the duke of Parma K. Phillippes pre tence to Portugal Diuers allegations for king Phillip Hieron Fraki lo Pet. VipeIanus The case of pretece of the hovvle of Portugal to Ingland An obiection vvith the ansvver Obiections against the pretenders of Portugal Ansvvers Note this By vvhat title king Hēry the 7. did enter About forrayne povver in Ingland About forrayne gouerment The occa sion of the next chapter about foraine gouerment Reasons against forraine gouerment Polit. Arist. Demosthenis Philipicae in AEfhines Attēptes to deliuer realmes from strāgers Quint. Curt. li 5. 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. li. 〈◊〉 Hollings in vit Camiti The rage of the french against Inglish The conclusion against 〈◊〉 Authority of scripture against strangers Deus 15. The ansvvere in defence of fortaine gouerment The effect of go uerments to be con sidered not the gouernours An example Lytle importeth the subiect of vvhat country his go uernour is so he be good 〈◊〉 Reg. 12 Not the country but the good gouerment importeth Note these examples VVho are properly straingers Diuers manners of being vnder strangers To be vnder Strangers by Coquest Hovv Cōquerors doe proceede tovvards the Conquered Polydor Virg. lib. 8 histot 〈◊〉 Clemēcie of the Romans Lib. 5. Mechab cap. 8. Strangers most fauoured to vvise gouerments Gascoynes Britons Candians States of Italie The condition of Irish vnder the Inglish Of the states of Flanders Girard du Hailan lib. 18. an 1381. Prosperity of Flanders vnder the hovvse of Austria Io. Guicciard nella descrittione delli pasi bassi The anthority of the Fleminges at home The indulgence vsed to offenders in Flanders The Spaniard punis heth lesse in Italie thē 〈◊〉 home Viceryes do giue accompt of ther gouerment Much slaughter of nobility in Ingland Executiō of nobility by Hēry the eight Vnder King Edvvard and Queene Mary States gouerned happely by torrayne Princes Old afflictions of Naples Millan VVhether a great or little Prince be better An exam ple to shevv the former diffetēce Pedro Mexia en vit de Antonino Pio. The felicity of the Romā gouermēt The seeōd vvaye of being vnder a forraine Prince A fortayne Prince vvithout forces not preiudicial Note this vtilitie 〈◊〉 a forayne king The māner of forayne Prince more cōmodious for the present A third vvay of being vnder forraine gouerment Dangers of domes tical gouerment Inconueniences of this go uerment Strang gouer nours desired in some Realines The ansvver to 〈◊〉 against forrayne gouermēt Ansvver to the Grecian Philosophers aud orators Demosthenes The trooblesome state of the Grecian cittyes Arist. l. 2. polit c 1. 〈◊〉 2. Ansvver to the obiectiō out of Deutronomye Deut. 15. Secōdary Lines Ambiguite of preuailinge Tvvo groundes of probabilitie of speeding Three religions in Ingland The greate importance of religion in this actions The Cleargie The Coūcell and nobilitic Persons designed or fauoured by the protestant partie Foraayne frends of the protestants Of the party Putitan Persons affected by the Puritans External frends 〈◊〉 The Puritan at home Those of the Romā Religion The Roman partye great vvhy 1. Reg. 234 Effects of pressing an religiō Frends allies abroade The Lordes Beacham the earle of Darby Alliance of the earle of Darby Alliance of the Seymers Alliance of the Stanleys Alliāce of the old countesse of Darby The states of the Lord Beacham and the earle of Darby Religion of these Lords The earle of Huntington Alliāce of the earle of Huntington The povver of London Polydor. 24. Hollingshod in vita Henrici 6. The houses of Britaine and Portugal Infanta of Spayne Duke of Parma The duke of Bragansa Povver of forrayne pretēders The 1. Cōiecture that their vvilbe vvarre vvhye 1. 2. 3. 4. Sup. c. 4. 5. 6. A consideration to be marked The secōd cōiecture no mayn battayle probable 2. The third coniecture vvho is lykest to preuaile For the Infanta of Spayne For the earle of Hartfords seconde sonne 1. Sup. c. 〈◊〉 2. 3. For the children of the Coūtesse of Darbie 1. Garibay l. a5 c. 36. Polydor in rit Steph. 3.