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A29176 A true and exact history of the succession of the crown of England collected out of records, and the best historians, written for the information of such as have been deluded and seduced by the pamphlet, called, The brief history of the succession, &c., pretended to have been written for the satisfaction of the Earl of H. Brady, Robert, 1627?-1700. 1681 (1681) Wing B4195; ESTC R19500 55,203 51

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Titles were whispered up and down the Act of 35 Hen. 8. or this Act of Recognition were not thought sufficient to secure the Queen Elizabeth Then was this Act in the Thirteenth of her Reign made meerly either to create or strengthen her Title and not to Exclude the Queen of Scots from the SUCCESSION unless she attempted any thing against her or laid Claim to the Crown which was also in its own nature a securing Clause to Queen Elizabeth But the great Clause of Security to Queen Elizabeth in this Act was that Clause by which it was made Treason for any man to affirm that she by Authority of Parliament could not make Lawes and Statutes to bind the Succession of the Crown or that this Act or other Lawes to be made by the Parliament of England by her Royal assent for limiting the Crown and recognizing the right to be lawfully and justly in her person is not are not or shall not or ought not to be for ever of good and sufficient force This Clause was levelled against the Opinion That the Queen of Scots had the best Title which began to spread and gain much credit as well amongst the Nobility as Commons By all which it is manifest this whole Act was but Temporary and therefore we may note with Pulton that it expired with Queen Elizabeth and it was no Act of Exclusion but a Law only to secure her Person and to make and confirm unto her a Title which without Statute-Law was in it self at least doubtful And the new Clause which was added That it should be High Treason during her Life for any Person to affirm she by Authority of Parliament had not Power to bind the Crown and Succession thereof or That the Right of the Crown and Realm was not justly and lawfully in her Royal Person cannot affect the Title of a lawful Successor by Inheritance nor be brought or made use of as a Precedent to exclude him from the Succession But it may be said There is a great Forfeiture inflicted upon every Person holding and affirming after her Decease That Queen Elizabeth and a Parliament could not limit the Succession and fix the Crown upon her own Head This Clause could take no effect after her death and therefore was added to preserve her Memory from being defamed after her Death or slanderously charged with the hainous Crime of Vsurping the Crown which in must have been the inevitabble Consequence of affirming she and her Parliament could not limit the Succession For she valued much her Credit and Reputation and would seem to maintain still that he acted nothing against the Queen of Scots and therefore the Law is made in general Words against every Person or Persons whatsoever of what Degree Place Nation or Condition whatsoever that should affirm she was not in Right true and lawful Queen or that should claim the Crown c. In the Point of Succession she could never be brought expresly by Name to exclude the Queen of Scots or name any other Successor as is clear from these several Passages in Camden Dudley desirous by all means to oblige and obtain the Favour of the Queen of Scots accused the Lord Keeper Bacon to the Queen That he had intermedled against the Queen of Scots in the matter of Succession for which he lost the Queens Favour and was with much ado at last restored to it again by the Mediation of Cecil upon which our Author says Certainly the Queen never heard any thing more unwillingly than that the Right of Succession should be called in question or disputed The same Year Queen Elizabeth hearing of a Match like to be between the Queen of Scots and Henry Lord Darly to prevent it advertifed her by her Lieger Randolph That that Marriage was generally so dishked by all the English that she had Prorogued the Parliament to another time against the minds of her Council left the Estates of the Realm being incensed shou'd even for this cause Enact somewhat against her Right to the Succession Which that it might not be done afterwards she recommended Leycester unto her for a Husband whom chiefly for that Reason she had created Earl In the Year 1566 a Parliament was called to meet on the First of November They began to Debate roundly about the Succession and the Earls of Pembroke and Leycester and Duke of Norfolk thought that an Husband was to be imposed upon the Queen or a Successor publickly designed by Act of Parliament even against her will Whereupon they were excluded the Presence-Chambcr and denied Access to the Queen but they soon submitted themselves to her and obtained pardon Yet the Upper House did by the Lord Keeper Bacon advise move and pray her to Marry and to appoint a Successor if she or her Children should die without Issue But some in the Lower House handled these things more tumultuously Bell and Monson great Lawyers Dutton Paul Went worth and others who grated upon the Queens Authority too much and amongst other things maintained That Kings were bound to design a Successor At last they offered her far greater Subsidies than they were wont upon condition that she would design a certain Successor She absolutely refused that extraordinary Offer and accepted an ordinary Sum commending their Affection The last day of the Parliament she made a Speech and gave the busie Men a smooth Reprehension I find saith she that in this Parliament DISSIMVLATION hath walked up and down masked under the Vizor of LIBERTY and SVCCESSION Some of your Number there are that thought it LIBERTY to dispute of the SVCCESSION and that the Establishment of the same is absolutely to be granted or denied If I had granted it these Men had had their desire and had triumphed over me but if I had denied it they thought to have moved the Hatred of my People against me which my greatest Enemies could never yet do But their Wisdom was unseasonable and their Counsels over-hasty neither did they foresee the Event Yet hereby I easily perceived who inclined toward me and who were averse unto me c. Upon this Speech Camden makes this Remarque Thus a Woman's Wisdom suppressed these Commotions every day so qualified them shining clearer and clearer that very few besides such as were seditious and fearful were troubled about a Successor And certainly most men whatever they pretend have no more sense of Publick Matters than what concerns their own Private To these Testimonies of the Queens aversion to pass a Bill of Exclusion of the Q. of Scots may be added a very clear and convincing one out of the Journal of the House of Commons in the Fourteenth of her Reign after the passing this Act which is said so much to favour a Bill of Exclusion Mr. Treasurer of the Houshold Sir Francis Knolles from the Queen advised the House of Commons to go forwards against the Queen of Scots with a second Bill
his Heirs and if he should die without Issue Vt reciperent Comitem Johannem fratrem Richardi Regis in Regem Dominum That they would receive Earl John the Brother of King Richard for their King and Lord and swore Fealty to him against all Men saving their Fealty to his Brother King Richard Two Years afterward confederating with the King of France against his Brother and being assisted by him he returned into England and brought many Strangers with him and coming to London demanded the Kingdom of the Arch-Bishop of Roven who was then Justiciary and the other Justiciaries of England Fidelitates Hominum Angliae affirming the King of England his Brother was dead But not believing him they and the other great Men of the Kingdom rejected him Then swelling with Fury he fortified his Castles and places of Strength and seized the Crown-Lands Many came in unto him but being deceived they were punished according to their deserts And for these and other Treasons committed the Year following as combining with the King of France and offering great Sums of Money to the Emperor to keep King Richard in Prison and making new Disturbances in the Nation Per Commune Consilium Regni Definitum est quod Comes Johannes dissaifiretur de omnibus Tenementis suis in Anglia By the Common Council of the Kingdom it was decreed he should be disseized of all he held of the King in England And presently all his Castles were besieged and taken from him Yet for all this the next Year King Richard pardoned his Brother John and restored to him the Earldom of Moreton or Mortaigne the Honour of Eye and Earldom of Glocester except the Castles and for his other Earldoms and Lands allowed him Yearly eight thousand Pounds of Anjou-Money And in the last Year of his Reign Cum Rex de vita desperaret divisit Johanni fratri suo Regnum Angliae omnes alias terras suas fecit fieri praedicto Johanni fidelitates ab illis qui aderant praecepit ut traderentur ei Castella sua tres partes Thesauris sui When the King despaired of Life he devised to his Brother John the Kingdom of England and all other his Lands and made all present swear Fealty to him and commanded that his Castles and three parts of his Treasure should be delivered to him Richard being dead John stayed in Normandy where by Walter Arch-Bishop of Roven he was girt with the Sword of that Dutchy April 25. on St. Mark 's Day and sent Hubert Arch-Bishop of Canterbury and the Pope's Legat and William Marshal Earl of Strigvil into England to keep the Peace together with Jeffrey Fitz-Peter Justitiary of England and other Barons of the Kingdom Qui fecerunt homines regni tam de Civitatibus quem de Burgis Comites Barones libere tenentes jurare fidelitatem pacem Johanni Normannorum Duci filii Henrici Regis filii Matildis Imperatricis contra omnes homines Who made the Homagers of England as well of Cities as Burroughs and Earls Barons and free Tenants to swear Fealty and Peace to John Duke of Normandy the Son of King Henry the Son of Maud the Empress against all Men. Notwithstanding this all the Bishops Earls and Barons which had Castles Manned Victualled and stored them with Arms. But Hubert the Arch-Bishops William Marshal and Jeffrey Fitz-Peter Justiciary of England met at Northampton and called before them those which they most doubted David Brother to the King of Scots Richard Earl of Clare Ranulph Earl of Chester William Earl of Tutesbury and Walran Earl of Warwick Roger Constable of Chester William de Mowbray and many other Earls and Barons to whom they promised and engaged that John Duke of Normandy should restore to every Man his Right if they would keep Faith and Peace with him Súb hac igitur Conventione supradicti Comites c. According to this Agreement the said Earls and Barons swore Fealty and faithful Service to John Duke of Normandy against all Men. This was done while he was in Normandy On the 25th of May following Duke John crossed the Seas from Normandy into England and the next day came to London and there were convened in Expectation of him Hubert Arch-Bishop of Canterbury John Arch-Bishop of Dublin William Bishop of London Gilbert of Rochester John of Norwich Hugh of Lincoln Eustace of Ely Godfrid of Winchester Henry of Exeter Sefrid of Chichester Jeffrey of Coventry Savaric of Bath Herbert of Salisbury Philip of Durham Roger of St. Andrews in Scotland Henry of Landaff Bishops Robert Earl of Leicester Richard Earl of Glare William of Tutesbury Hamelin de Warenn William of Salisbury William de Strigvil Walran of Warwick Roger Bigot William de Arundell Ranulph de Cestre Earls and many Barons And then Hubert Arch-Bishop of Canterbury Consecrated and Crowned the said John Duke of Normandy King of England in the Church of St. Peter at Westminster on the 27th of May being Ascension Day Not one word here of any Election by but only a Submission from the Barons Spiritual and Temporal to King John and a Recognition that he was their King And all this related by Hoveden in all probability an Eye-witness of this Translation Indeed Matthew Paris who died Anno Dom. 1259. was then either unborn or so young as not with Judgment to take sufficient notice of this Affair relates it thus Congregatis in adventu ejus Archiepiscopis Episcopis Comitibus Baronibus atque aliis omnibus qui ejus Coronationi interesse debuerant Archiepiscopus stans in medio omnium dixit audite universi noverit discretio vestra quod nullus proevia ratione alii succedere habet Regnum nisi ab universitate Regni unanimiter invocata Spiritus Gratia electus secundum morum suorum eminentiam praeelectus ad exemplum fimilitudinis Saul primi Regis inuncti quem praeposuit Dominus populo suo non Regis filium nec de Regali stirpe procreatum similiter post eum David Jesse silium Hunc quia strenuum aptum Dignitati Regiae illum quia sanctum humilem ut sic qui cunctos in regno supereminet strenuitate omnibus praefit potestate regimine verum si quis ex stirpe Regis defuncti aliis prepolleret pronius promptius in electionem ejus est consentiendum Haec idcirco diximus pro inclyto Comite Johanne qui praesens est frater illustrissimi nameri Richardi jam defuncti qui haerede caruit ab eo egrediente qui providus strenuus manifeste nobilis quem nos invocata Spiritus Sancti Gratia ratione tam meritorum quom Sanguinis Regii unanimiter elegimus universi nec ausi erant alii super his adhuc ambigere scientes quod Archiepiscopus sine causa hoc non sic diffiniverat verum Comes Johannes omnes hoc