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A09097 A conference about the next succession to the crowne of Ingland diuided into tvvo partes. VVhere-of the first conteyneth the discourse of a ciuill lavvyer, hovv and in vvhat manner propinquity of blood is to be preferred. And the second the speech of a temporall lavvyer, about the particuler titles of all such as do or may pretende vvithin Ingland or vvithout, to the next succession. VVhere vnto is also added a new & perfect arbor or genealogie of the discents of all the kinges and princes of Ingland, from the conquest vnto this day, whereby each mans pretence is made more plaine. Directed to the right honorable the earle of Essex of her Maiesties priuy councell, & of the noble order of the Garter. Published by R. Doleman. Allen, William, 1532-1594.; Parsons, Robert, 1546-1610, attributed name. 1595 (1595) STC 19398; ESTC S114150 274,124 500

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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
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
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
I finde registred in our chronicles these persons following either made away cutt of or put downe by the said king to wit two Queenes Anne and Catherin Three Cardinales put downe and disgraced Wolsy Poole and fysher vvherof the last vvas behedded soone after his dignity giuen him in Rome and the first vvas arrested the second attaynted of imagined treasons Three dukes put downe to vvit the noble dukes of Buckingham Suffolk and Norfolke wherof the last lost his lands dignities and libertie only the former two both Landes liues A marques with two earles beheaded Deuonshire kyldare and Surray tvvo Countesses condemned to dye Deuonshire and Salisbury and the latter executed Lordes many as the Lorde Darcy the Lorde Hussy the Lorde Montagne the Lorde Leonard Gray the Lord Dacres of the south the Lord Cromwel and six or seuen Abbots Kinghtes also in great number as fiue in one day vvith the Lords Hussy and Darcy and fiue in an other day with the earle os kildare whose vncles they vvere and besides them S. Thomas Moore S. Rice Griffith S. Edward Neuel S. Iohn Neuel S. Nicholas Carew S. Adrian fortescue and diuers other kinghts of great accompt then gentlemen almost vvithout end And al these within the space of 20 yeares of his reigne and in the tyme of peace and yf we looke vppon but fower or fiue yeares together of the reigne of this mans children we shal see the like course continued for we shal see put to death within the space of foure yeares al these following by name The duke of Somerset the duke of Suffolk the duke of Northumberland and the L. Admiral of Ingland S. Miles Partrige S. Raphe Vane S. Michel Stanhope S. Thomas Arondel S. Iohn Gates S. Thomas Palmer kinghtes with diuers othet gentlemen of there retinew and al these by natural domestical and homborne Princes whereas I dare to aduenture the greateft wager that I can make that you shal not finde so many put to death of the nobility by any strainge Prince state or common wealth christian in any forrayne dominion that they possesse in many ages together and the reason therof is euident by that I said before neither were it pollicy or wisdome nor could the causes be so often nor ordinarily giuen by the nobility to a Prince that were absent from them to vse suche seueritie so as by this it may also appeare that to be vnder a forraine gouerment euen in the woorst kinde therof that can be deuised which is to be as a prouince or peece of an other kingdome and to come vnder it by very conquest it selfe is not so dangerous a matter as at the first shew it may seeme and much lesse to be vnder forraine gouerment by other sweeter meanes of succession or composition as the present case of Ingland seemeth to import in respect of those foraine Princes which do pretende to the succession therof And this is not only shewed and declared by the state and condition of Flanders before their tumultes but in like manner it is seene by the present state of Britanie Normandie Aquitaine Prouence and other dukedomes and countries in France that were wont to haue their owne particuler Princes and novv are much more commodiously vnder the crowne of France The like is seene by the states of Naples Millan Sicilie Sardinia other parts and countryes of Italie which were wont to be vnder kings and Princes of their owne and now are vnder the crownes of Aragon and Castile with infinite oddes of peace rest security and welth then they were before when they had domestical Princes and so themselues do confesse I meane the wise dis-passionate among them for of the vulgar in this case no accompt is to be made and if they should deny it yet the thing speaketh it selfe and the publique stories of their countryes would conuince them wherin it is to be read what Phalaris what Dionisius other homeborne tyrants Sicilie for example hath had and suffred and what infinite crueltie they and diuers others of their owne gouernours haue exercised vppon them as also what continuall turmoyles there were in the cittie of Naples in all that kingdome for many yeares together after it fel from the gouerment first of the Roman Empire and then of the Grecian vntil it came to the crowne of Aragon I meane betweene their owne domestical kings now of the bloode of Italians now of the Normans now of the Hungarians now of the french for of al these lines their haue reigned among them and the realme was a perpetual pray to souldiars and the very like may be said of Millan after their fal from the Roman Empire vnder which they liued quiet prosperously vntil they came againe to be vnder the crowne of Spayne they passed infinite tribulations first by the contention of their common people against their nobility and then by the bloody falling out of their chiefe families the one against the other to wit the Furiani Visconti Marcelli Mirabelli Castilioni and Sforzi which familie last of al preuayled he I say that shal remember this and then behold the present state with the quiet peace saftie and riches wherin they now liue wil easely confesse that they haue changed for the better though they be vnder forraine gouerment and thus much of this pointe Their remayneth to speake a woord or two about the second part of the question before proposed and included partly in this which alredy hath bin treated to wit whether it be better to be vnder a little or great king which question though it may be decided in parte by that which before hath bin alleaged about being vnder a forraine Prince yet more particulerly to make the same playne these men do saye that the reasons be many and euident to proue that the subiection to a great mightie monarch is far better first for that he is best able to defend and protect his subiects and secondly for that he hath least need ordinarily to pill and pole them for that a little king be he neuer so meane yet must he kepe the state of a king and his subiects must maynteyne the same and if they be but few the greater vvil the burthen be of euery one in particuler and thirdly for that a great and potent Prince hath more to bestow vppon his subiects for reward of vertue and valour then hath a poore Prince and seing that euery particuler subiect borne within his Princes dominions is capable of al the preferments vvhich his Princes state or kingdome do yeeld if he be worthy of the same it is a great prerogatiue say these men to be borne vnder a potent Prince that hath much to giue vvhich they declare by this example follovving A man that is borne in the citie of Genua or Geneua for both are cityes and states within themselues let him be of vvhat ability or worthines soeuer yet can he hope for
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
to wit that the French state in a publique assembly did chose two Princes to be their kings with expresse condition to deuide the realme equally as Francis Belforest citeth his wordes which two French authors I meane Girard and Belforest I shal vse principally hereafter in the rest of my citations After three yeares that these two bretherē had reigned together king Carlomon the yonger died and left many sonnes the elder wherof vvas named Adalgise but Belforest sayeth that the Lords ecclesiastical temporal of France swore fidelitie and obedience to Charles without any respect or regard at al of the children of Carlomon who yet by right of succession should haue bin preferred Paulus Emilius a latine writer saith proceres regni ad Carolum vltro venientes regem eum totius Galliae salutarunt that is the nobility of the realme comming of ther owne accord vnto charles saluted him king of al France wherby is shewed that this exclusion of the children of Carlomon was not by force or tiranny but by free deliberation of the realme After Charles the great reigned by successiō his only sonue Luys the first surnamed de bonnaire of his curtesye vvho entring to reigne in the yeare 817. vvith great applause of al men for the excedinge grateful memory of his father vvas yet afterward at the poursuite principally of his owne three sonnes by his first wife which were Lothair pepin and Luys deposed first in a councel at Lions and then agayne at Compeigne and put into a monastery though afterward he came to reigne agayne and his fourth sonne by his secōd vvife vvhich sonne vvas named Gharles le chauue for that he vvas bald succeded him in the states of France though after many battels against his eldest brother Lothaire to whom by succession the same appertayned After Charles the balde succeded Luys the second surnamed le begue for his stuttering who was not eldest but third sonne vnto his father for the second dyed before his father the eldest vvas put by his succession for his euel demeanure this Luys also vvas like to haue bin depriued by the states at his first entrāce for the hatred conceaued against his father Charles the bald but that he calling a solemne parlament at Compeigne as Girard saith he made the people cleargie and nobilitie many faire promises to haue their good vvilles This Luys the stuttering left two bastard sonnes by a cōcubine vvho vvere called Luys and Carlomō as also he left a litle infant newly borne of his lawful vvife Adeltrude daughter to king Alfred of Ingland vvhich infant vvas king of France aftervvard by the name of Charles the simple albeit not immediatly after the death of his father for that the nobles of Frāce said that they had need of a man to be king not a childe as Girard reporteth therfore the vvhole state of France chose for their kinges the tvvo foresaid bastards Luys the third and Carlomon the first of that name ioyntly and they vvere crowned most solemnly deuided the vvhole realme betwene them in the yeare of Christ 881. and Queen Adeltrude vvith her childe true heyre of France fled into Ingland to her father and ther brought him vp for diuers yeares in which tyme she saw foure or fiue kinges reigne in his place in France one after the other for breflv thus it passed Of thes tvvo bastard kings the elder named Luys reigned but foure yeares died without issue the second that is Carlomon liued but one yeare after him and left a sonne called also Luys vvhich succeded in the kingdome by the name of Luys the fift and surnamed Faineant for his idle and slouth ful life For which as also for his vitious behaueour and in particuler for taking out and marying a Nōne of the Abbey of S. Baudour at Chells by Partis he vvas depriued and made a monke in the Abbey of S. Denys vvher he died and in his place vvas chosen king of France and crowned vvith great solemnitie Gharles the 4. Emperor of Rome surnamed le gros for that he vvas fat and corpulēt he vvas nephew to Charles the bald before mentioned and therfore the French stories say that he came to the crowne of France partly by succession and partly by election but for succession vve see that it vvas nothing worth for so muche as Charles the simple the right heyre was a liue in Ingland vvhom it semeth that the french men had quite forgotten seing that now they had not only excluded him three tymes already as you haue hard but afterwards also againe when this grosse Charles was for his euel gouermēt by them deposed and depriued not only of the kingdome of France but also of his Empire vvhich he had before he was kinge was brought into such miserable penurie as diuers write that he perished for wāt At this tyme I saye the states of France vvould not yet admitt Charles the simple though hither to his simplicity did not appeare but he seemed a goodly Prince but rather they chose for king one Odo Earle of Paris and Duke of Angiers and caused him to be crowned But yet after a few yeares being vveary of this mans gouerment and moued also some what with compassion towards the youth that vvas in Ingland they resolued to depose Odo and so they did vvhiles he vvas absent in Gascony and called Charles the simple out of Ingland to Paris and restored him to the kingdome of France leauing only to Odo for recompence the state of Aquitaine with title of a Duke wherwith in fine he contented himselfe seing that he could get no more But yet his posterity by vertue of this election pretended euer after a title to the crowne of France and neuer left it of vntil at length by Hugo Capetus they gat it for Hugh descended of this king and Duke Odo This king Charles then surnamed the simple an Inglish vvomans sonne as you haue hard being thus admitted to the crowne of France he toke to vvife an Inglish vvoman named Elgina or Ogin daughter of king Edward the elder by whom he had a sonne named Lewys and himselfe being a simple man as hath bin saide vvas allured to go to the castle of peronne in Picardie vvher he vvas made ptisoner and forced to resigne his kingdome vnto Rafe king of Burgundye and soone after he dyed through misery in the same castle and his Queene Ogin fled into Ingland vvith her litle sonne Luys vnto her vncle kinge Adelstan as Queene Adeltrude had done before vvith her sonne vnto king Alfred and one of the chiefe in this action for putting downe of the simple vvas Counte Hugh surnamed the great Earle of Paris father vnto Hugo Capetus vvhich after vvas king But this new king Rafe liued but three yeares after and then the states of France considering the right title of Luys the lawful child of
he said that he bare reuerent honor and respect and to discusse their seueral pretentions rightes interestes and titles to the crowne he said that his meaning was to offēd hunt or preiudice none nor to determyne any thing 〈◊〉 in 〈◊〉 or hinderance of any of their pretences or claymes of what side family faction religion or other party soeuer he or she were but rather playnly and indifferently without hatred or partial affection to or against any to lay downe sincerly what he had hard or reade or of himselfe conceaued that might iustly be alleaged in fauour or disfauour of euery tytler And so much the rather he said that he would do this for that in very truth the Ciuiltans speech had put him in a great indifferēcy concerning matter of successiō had takē out of his head many scrupulosites about nyse points of neernes in blood by the many examples reasons that he had alleaged of the proceeding of Christian cōmon wealthes in this affayre preferring oftentymes him that was further of in blood vppon other cōsideratiōs of more waight importance which point seemed to him to haue bin so euidently proued as no man can deny it much lesse cōdēne the same without the incōueniēces before alleaged mētioned of calling al in doubt that now is established in the world considering that not only foraine countries but Inglād also it selfe so often hath vsed the same putting back the next in bloode VVherfore he said that for as much as common wealthes and the consent wil and desire of each realme was proued to haue high and soueraine authority in this affayre and that as on the one side nerenes of blood was to be respected so on the other ther wāted not sundry considerations circumstāces of as great moment as this or rather greater for that oftentymes these considerations had bin preferred before neernes of blood as hath byn declared I do not know quoth he who of the pretenders may next obteyne the garland what soeuer his right by propinquity be so he haue some as I thinke al haue that do pretend and therfore I meane not to stand vppon the iustification or impugning of any one title but rather to leaue la to God and to them that must one day try iudge the same in Inglād to whome I suppose this speech of myne can not be but grateful commodious for the better vnderstanding discerning of those matters wherof of necessity er it be longe they must be iudges vmpires when God shal appoint and consequently for them to be ignorant or vnaquainted with the same as men say that commonly most in Ingland at this day are cannot be but very inconuenient and dangerous In this manner he spake and after this he began his discourse setting downe first of al the sundry bookes and treatises which he vnderstood had bin made or written hitherto of this affaire OF THE DIVERS BOOKES AND TREATISES THAT HAVE BIN VVRITTEN heretofore about the titles of such as pretend to the crowne of Ingland and what they do conteyne in fauour or disfauour of sundry pretendors CAP. I. ACCORDING to the variety of mens iudgments and affections in this behalfe so said the lawyer that diuers had written diuersly in sundry bookes treatises that had come to light went among men frō hand to hand though al were not printed And first of al he said that not long after her maiesties comming to the crowne ther appeered a certayne booke vvritten in the fauour of the house of Suffolke and especially of the children of the Earle of Hartford by the Lady Catherin Gray vvhich booke offended highly the Queene and nobles of Ingland and vvas aftervvards found to be written by one Hales surnamed of the clubb foote vvho was clarke of the hamper Sir Nicholas Bacon then Lord keeper was presumed also to haue had a principal part in the same for vvhich he vvas like to haue lost his office if Sir Antony Browne that had bin cheef iudge of the comon pleas in Queene Maries tyme vvould haue accepted therof vvhen her Maiestie offred the same vnto him and my Lord of Lecester earnestly exhorted him to take it but he refused it for that he was of differēt religion from the state and so Sir Nicholas Bacō remayned vvith the same at the great instance of Sir William Cecill now Lord Treasorer who though he vvere thought to be priuy also to the said booke yet vvas the matter so vvisely laid vppon Hales and Bacon as Sir William was kept free therby to haue the more authority and grace to procure the others pardon as he did The bent and butt of this book vvas as I haue said to preferr the title of the Lady Catherin Gray daughter of the Lady frauncis Duches of Suffolk which Frauncis was daughter to Mary the yonger daughter of King Henry the seuenth before the title of the Queene of Scotts then liuing of her sonne which were discended of Lady Margeret eldest daughter of the said king Hēry And the reasons which this book did alleage for the same were principally two the first that the lawes of Ingland did not admitt any sttainger or allien to inherit in Ingland to vvit any such as were borne out of the alleageance of our realme for so are the wordes of the law and for that the Queene of Scotts and her sonne are knowne to be so borne therfore they could not succeed and consequently that the house of Suffolck descended of the second daughter must enter in ther place The second reason is for that ther is giuen authority to king Hēry the eight by two seueral acts of parlament in the 28. and 36. yeare of his reigne to dispose of the succession by his last will testament as he should think best among those of his kinred that did pretend after his children and that the said king according to his commission did ordeyne that if his owne children did dye vvithout issue then the of-spring of his yonger sister Mary that vvere borne in Ingland should be preferred before the issue of the elder that vvas Margaret marryed into Scotland and this was the effect of this first book Against this booke were vvryten two other soone after the first by one Morgan a diuine if I remember vvel some-tymes fellow of Oriel College in Oxford a man of good accompt for learninge amonge those that knew hym he vvas thought be haue written the saide book by the aduise and assistance of the forsaide Iudge Browne which thinge is made the more credible by the many authorites of our cōmon law vvhich therin are alleaged and the partes of this booke if I forget not vvere three or rather they were three bookes of one treatise the first wherof dyd take vppon it to cleare the saide Queene of Scottes for the murder of the lord Darly her husband which by many vvas layde against her And the seconde dyd
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
vve may chance to haue occasion to handle the same agayne and more largely heerafter These poyntes toucheth Highintō thoughe diuers other he leaue vntouched vvhich are of much importāce for the resolusion as whether after the lyne extinguished of kinge Henry the 4. vvhich vvas the eldest sonne of Ihon of Gant ther should haue entered the line of lady Philippe the eldest daughter lawfully begotten of Blanch first wyfe of Ihon of Gant or els the race of Ihon Earle of Somersett yonger sonne by his third vvyfe which then was base borne but legetimated by parlament for of Phillip do come the kinges of Portugal and of Ihon came king Henry the seuenth And againe these pointes had byn to be disputed as vvel touching the succession to the dukedom of Lancaster alone as also to the crowne ioyncely all which articles shal seuerally afterward be handled in ther places and thus much of this booke More then these fower bookes I have not seene vvitten of his affaire though I haue hard of one made in Flanders in the behalfe of the Duke of Parma that is now vvho by his mother disceudeth of the same line of Portugal that the king of Spaine doth and as this book pretendeth if we respect the ordinary course of Inglish lawes in particuler mens inheritances he is to be preferred before the said king or any other of the howse of Portugal for that his mother descended of the yonger sonne and the king of the elder daughter of the king of Portugal and albeit according to the law of Portugal the king vvas adiuged next heyre to that crowne yet say they by our lawes of Ingland he cannot be vvhich after must be examined Thus sayth that book and he alleageth many reasons for the same as it hath bin told me for as I said I neuer came to haue a viewe of the vvhole booke but diuers of his arguments I haue seene laid together which I shal afterwards in place conuenient alleage vnto you vvith the answers censures and replies that the contrary parties do make therunto Diuers other papers notes and memories I haue seene also said he as wel touching the succession of those vvhom I haue named as of others for that Syr Richard Shelly who dyed some yeares a gone in Venice by the name of Lord prior of S. Iohns of Ingland had gathered diuers points touching these affayres many more then he had M. Francis Peto that dyed in Millan and vvas a very curious and wel readen man in genealogies as may appeare by sundry papers that I haue seene of his Their vvant not also diuers in Inglād who haue trauailed much in this busines and I haue had the perusing of some of their labors though I dare not discouer ther names lest therby I should hurt them vvhich vvere not conuenient But one great trouble finde I in them al that euery man seeketh to draw the whole water vnto his owne mill and to make that title alwayes most clere whom he most fauoreth and this vvith so great probability of reason and authority many tymes as it is hard to retayne a mās consent from that which is said vntil he haue read the reasons of the other party and this also is a great proofe of the wonderful ambibiguity and doubtfulnes which in this most important affaire is to be founde And by the way also I had almost forgotten to tel you how that of late I haue lighted vppō a certayne new discourse and treatise made in the behalfe of the king of Spaines eldest daughter whom he had by his wife Isabel the eldest sister of the last king of France vvhich Isabel and her daughter the infanta of Spaine called also Isabel are presumed to be the lawful heyres to the state of Britany and to al other states that by that meanes of Britany or otherwise by vvomen haue come to France or haue or may fal vppon a vvoman of the house of France as the states of Ingland and other states therunto annexed may for that they follow not the law salique of France and so this treatise proueth that by diuers vvayes and for sundry considerations this princesse of Spaine is also of the blood royal of Ingland and may among others be intituled to that crowne by a particuler title of her owne beside the pretence vvhich her father the king or her brother the prince of Spayne haue for them selues by the house of Portugal al vvhich reasons and consideratiōs I shal alleage afterward in ther place tyme or at least-wise the chiefe principal of them And to the end they may be vnderstoode the better as also the clearnes and pretentions of al the rest that haue interest in this affayre I shal first of al for a beginning and foundation to al the rest that shal or may be spoken heerafter set downe by way of historical narration al the discents of our Inglish kings and pretenders that maye important to this our purpose from the conquest vnto our tyme vvhich being cōpared vvith the tree it selfe of genealogies that shal be added in the end of this conference vvil make the matter more playne and pleasant to the reader OF THE SVCCESSION OF THE CROWNE OF INGLAND FROM THE CONQVEST VNTO the tyme of king Edward the third with the beginning of three principallinages of the English blood royal dispersed into the houses of Britanie Lancaster and Yorke CAP. II. NO man is ignorant said the lavvyer how William the Conqueror came to the crowne of Ingland vvhich vvas in deed by dynt of sword though he pretended that he vvas chosen by the vvill and testament of king Edward the confessor But howsoeuer this weare his posterity hath indured vntil this day and two and twenty princes of his race haue vvorne the Inglish crowne after him for the space of more then 5. hundreth yeares and how many more may yet do the same God only knoweth but if vve follow probability vve cannot vvant of them seing his blood is so dipersed ouer the vvorld at this day as by this declaration ensewing vvil appeare This king William according to Polidor and other chronicles of Ingland had by his vvyf Mathilda daughter of Baldwin Earle of Flanders foure sonnes and fiue daughters his eldest sonne vvas Robert vvhom he left duke of Normandie vvho vvas afterward depriued of that dukedome by his yonger and fowerth brother Henry vvhen he came to be king of Ingland His second sonne was Richard that dyed in his youth his third was William surnamed Rufus for that he vvas of redd heare and the fowerth vvas Henrv vvhich two last sonnes vvere both kings of England one after the other as the vvorld knoweth by the names of William the second and Henry the first The Conquerors daughters vvere first Cecilie that vvas a Nonne and the second Constantia that vvas marryed to Alayn surnamed fergant duke of Britanie and the third vvas Adela or Alis marryed
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
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
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
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