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

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Richard and Reigned 13. years by the name of King Henry the fourth and was the first King of the House of Lancaster of the right of whose title examination shall be made afterwards The first of the two daughters which John of Gaunt had by Blanch was named Philippa who was married to John the first of ●hat name King of Portugal by whom she had Issue Edward King of Portugal and he Alfonsus the fifth and he John the second and so one after another even unto our days The second daughter of John of Gaunt by Lady Blanch was named Elizabeth who was married to John Holland Duke of Exeter and she had Issue by him another John Duke of Exeter and he had Issue Henry Duke of Exeter that died without Issue Male leaving only one Daughter named Anne who was married to Sir Thomas Nevil Knight and by him had Issue Ralph Nevil third Earl of Westmerland whose Lineal Heir is at this day Lord Charles Nevil Earl of Westmerland that liveth banished in Flanders And this is all the Issue that John of Gaunt had by Lady Blanch his first Wife saving only that I had forgotten to prosecute the Issue of Henry his first Son surnamed of Bullenbroke that was afterward called K. Henry the fourth which King had four Sons and two daughters his daughters were Blanch and Philippa the first married to William Duke of Bavaria and the second to Erick King of Denmark and both of them died without Children The four Sons were first Henry that Reigned after him by the name of Henry the fifth and the second was Thomas Duke of Clarence the third was John Duke of Bedford and the fourth was Humphry Duke of Glocester all which three Dukes died without Issue or were slain in Wars of the Realm so as only King Henry the fifth their elder Brother had Issue one Son named Henry also that was King and Reigned 40 years by the name of Henry the sixth who had Issue Prince Edward and both of them I mean both Father and Son were murthered by order or permission of Edward Duke of York who afterward took the Crown upon him by the name of King Edward the fourth as before hath been said so as in this King Henry the sixth and his Son Prince Edward ended all the bloud-Royal male of the House of Lancaster by Blanch the first Wife of John of Gaunt and the Inheritance of the said Lady Blanch returned by right of succession as the favourers of the House of Portugal affirm though others deny it unto the Heirs of Lady Philip her eldest daughter married into Portugal whose Nephew named Alfonsus the fifth King of Portugal lived at that day when King Henry the sixth and his Heir were made away and thus much of John of Gaunt's first marriage But after the death of the Lady Blanch John of Gaunt married the Lady Constance daughter and H●ir of Peter the first surnamed the Cruel King of Castile who being driven out of his Kingdom by Henry his Bastard-brother assisted thereunto by the French he fled to Bourdeaux with his Wife and two daughters where he found Prince Edward eldest Son to King Edward the third by whom 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 with him which daughters being sent afterwards into England the eldest of them named Constance was married to John of Gaunt and by her Title he named himself for divers years afterwards King of Castile and went to gain the same by Arms when Peter her Father was slain by his foresaid Bastard-brother But yet some years after that again there was an agreement made between the said John of Gaunt and John the first of that name King of Castile Son and Heir of the foresaid Henry the Bastard with condition that Catharine the only daughter of John of Ga●nt by Lady Constance should marry with Henry the third Prince of Castile Son and Heir of the said King John and Nephew to the Bastard Henry the second and by this means was ended that controversie between England and Castile And the said Lady Catharine had Issue by King Henry John the second King of Cas●●●e and he Isabel that married with Ferdinando the Catholick King of Aragon and joyned by that marriage both those Kingdoms together and by him she had a daughter named Joan that married Philip Duke of Austria and Burgundy and by him had Charles the such that was Emperor and Father to King Philip that now reigneth ●n Spain who as we see is descided two ways from John of Gaunt Duke of Lancaster to wit by two daughters begotten of two Wives Blanch and Constance neither had John of Gaunt any more Children by Constance but only this daughter Catharine of whom we have spoken wherefore now we shall speak of his third Wife that was Lady Catharine Swinford This Lady Catharine as English Histories do note was born in Heinalt in Flanders and was daughter to a Knight of that Country called Sir Payne de Ruet and she was brought up in her youth in the Duke of Lancasters house and attended upon his first Wife Lady Blanch and being fair of personage grew in such favour with the Duke as in the time of his second Wife Constance he kept this Catharine for his Concubine and begat upon her four Children to wit three Sons and ● daughter which daughter whose name was Jane was married to Ralph Earl of Westmorland called commonly in those days Daw Raby of whom descended the Earls of Westmorland that ensued His three Sons were John Thomas and Henry and John was first Earl and then Duke of Summerset Thomas was first Marques of Dorset and then Duke of Excester Henry was Bishop of Winchester and after Cardinal And after John of Gaunt had begotten all these four Children upon Catharine he married her to a Knight in England named Swinford which Knight lived not many years after and John of Gaunt coming home to England from Aquitaine where he had been for divers years and seeing this old Con●●●●ne of his Catharine to be now a Widow and himself also without a Wife for that the Lady Constance was dead a little before for the love that he bore to the Children that he had begotten of her he determined to marry her and thereby the rather to legitimate her Children though himself were old now and all his Kindred utterly against the Marriage and so not full two years before his death to wit in the Year of Christ 1396. he married her and the next Year after in a Parliament begun at Westminster the 22 of January Anno Domini 1397. he caused all his said Children to be legitimated which he had begotten upon this Lady Swinford before she was his Wife But now to go forward to declare the Issue of these three Sons of John of Gaunt by Catharine
married to the King of Norway all which Issue and Line ended about the year 1290. David younger Brother to King William had Issue two daughters Margaret and Isabel Margaret was married to Alain Earl of Galloway and had Issue by him a daughter that married John Balliol Lord of Harcourt in Normandy who had Issue by her this John Balliol Founder of Balliol Colledge in Oxford that now pretended to the Crown as descended from the eldest daughter of David in the third descent Isabel the second daughter of David was married to Robert Bruse Earl of Cleveland in England who had Issue by her this Robert Bruse Earl of Carick the other competitor Now then the question between these two competitors was which of them should Succeed either John Balliol that was Nephew to the elder daughter or Robert Bruse that was Son to the younger daughter and so one degree more near to the Stock or Stem then the other And albeit King Edward the first of England whose power was dreadful at that day in Scotland having the matter referred to his arbitrement gave sentence for John Balliol and Robert Bruse obeyed for the time in respect partly of fear and partly of his Oath that he had made to stand to that Judgment yet was that sentence held to be unjust in Scotland and so was the Crown restor'd afterward to Robert Bruse his Son and his posterity doth hold it unto this day In England also it self they alledge the examples of K. Henry the first preferred before his Nephew William Son and Heir to his elder Brother Robert as also the example of K. John preferred before his Nephew Arthur Duke of Britany for that King Henry the second had four Sons Henry Richard Geffery and John Henry died before his Father without Issue Richard Reigned after him and died also without Issue Geffery also died before his Father but left a Son named Arthur Duke of Britany by right of his Mother But after the death of King Richard the question was who should Succeed to wit either Arthur the Nephew or John the Uncle but the matter in England was soon desided for that John the Uncle was preferred before the Nephew Arthur by reason he was more near to his Brother dead by a degree then was Arthur And albeit the King of France and some other Princes abroad opposed themselves for stomack against this Succession of King John yet say these favourers of the House of Lancaster that the English inclined still to acknowledge and admit his right before his Nephew and so they proclaimed this King John for King of England while he was yet in Normandy I mean Hubert Archbishop of Canterbury Eleanor the Queen this Mother Geffery Fitz-peter chief Judge of England who knew also what law meant therein and others the Nobles and Barons of the Realm without making any doubt or scruple of his title to the Succession And whereas those of the House of York do alledge that King Richard in his life time when he was to go to the holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown and thereby did shew that his title was the better they of Lancaster do answer first that this declaration of King Richard was not made by act of Parliament of England for that King Richard was in Normandy when he made this declaration as plainly appeareth both by Polidor and Hollingshed Secondly that this declaration was made the sooner by King Richard at that time thereby to repress and keep down the ambitious humor of his Brother John whom he feared least in his absence if he had been declared for Heir apparent might invade the Crown as indeed without that he was like to have done as may appear by that which happened in his said Brothers absence Thirdly they shew that this declaration of King Richard was never admitted in England neither would Duke John suffer it to be admitted but rather caused the Bishop of Ely that was left Governour by King Richard with consent of the Nobility to renounce the said declaration of King Richard in favour of Arthur and to take a contrary Oath to admit the said John if King Richard his Brother should die without Issue and the like Oath did the said Bishop of Ely together with the Archbishop of Roan that was left in equal Authority with him exact and take of the Citizens of London when they gave them their Priviledges and Liberties of Commonalty as Hollingshed recordeth And lastly the said Hollinshed writeth how that King Richard being now come home again from the War of Jerusalem and void of that jealousie of his Brother which before I have mentioned he made his last Will and Testament and ordained in the same that his Brother John should be his successor and caused all the Nobles there present to swear Fealty unto him as to his next in bloud for which cause Thomas Walsingham in his story writeth these words Johannis filius junior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo jure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius which is John younger Son of Henry the second King of England and of Eleanor Dutchess of Aquitain was declared successor of the Crown not only by Law and right of nearness of bloud but also by the Will and Testament of Richard his Brother Thus much this ancient Chronicler speaketh in the testifying of King John's Title By all which examples that fell out almost within one age in divers Nations over the World letting pass many others which the Civilian touched in his discourse before for that they are of more ancient times these favourers of the House of Lancaster do infer that the right of the Uncle before the Nephew was no new or strange matter in those days of King Edward the third and that if we will deny the same now we must call in question the succession and right of all the Kingdoms and States before-mentioned of Naples Sicily Spain Britany Flanders Scotland and England whose Kings and Princes do evidently hold their Crowns at this day by that very Title as hath been shewed Moreover they say that touching Law in this point albeit the most famous Civil Lawyers of the World be somewhat divided in the same matter some of them favouring the Uncle and some other the Nephew and that for different reasons as Baldus Oldratus Panormitanus and divers others alledged by Gulielm●● Benedictus in his Repetitions in favour of the Nephew against the Uncle And on the other side for the Uncle before the Nephew Bartolus Alexander Decius Altiatus Cujatius and many other their followers are recounted in the same place by the same man yet in the end Baldus that is held for head of the contrary side for the Nephew after all reasons weighed to and fro he cometh to conclude
crime Secondly they say that the House of York did enter only by violence and by infinite bloudshed and by wilful murthering not only of divers of the Nobility both Spiritual and Temporal but also of both King Henry the sixth himself and of Prince Edward his Son and by a certain popular and mutinous election of a certain few Souldiers in Smithfield at London and this was the entrance of the House of York to the Crown whereas King Henry the fourth first King of the House of Lancaster entred without bloudshed as hath been shewed being called home by the requests and letters of the people and Noblity and his election and admission to the Crown was orderly and authorized by general consent of Parliament in the doing thereof Thirdly they alledge that King Henry the sixth put down by the House of York was a good and holy King and had Reigned peaceably 40. years and never committed any act worthy deposition whereas King Richard the second had many ways deserved the same as himself came to acknowledge and thereupon made a personal solemn and publick resignation of the said Crown unto his Cousen Henry of Lancaster the which justified much the said Henry's entrance Fourthly they alledge that the House of Lancaster had been in possession of the Crown upon the point of 60● years before the House of York did raise trouble unto them for the same in which time their Title was confirmed by many Parliaments Oaths approbations and publick Acts of the Commonwealth and by the Nobles Peers and people thereof and by the States both Spiritual and Temporal and with the consent of all foreign Nations so that if there had been any fault in their first entrance yet was this sufficient to authorize the same as we see it was in the title of King William the Conqueror and of his two Sons King William Rufus and King Henry the first that entred before their elder Brether and of King John that entred before his Nephew and of his Son King Henry the third that entred after his Fathers deprivation and after the election of Prince Lewis of France as also of Edward the third that entred by deposition of his own Father of all which Titles yet might there have been doubt made at the beginning but by time and durance of possession and by confirmation of the Commonwealth they were made lawful and without controversie Fifthly they say that if we consider the four King Henrys that have been of the House of Lancaster to wit the 4 5 6 and 7 and do compare them with the other four that have been of the House of York to wit Edward the fourth Richard the third Henry the eighth and Edward the sixth and all their acts both at home and abroad what quietness or troubles have passed and what the Commonwealth of England hath gotten or lost under each of them we shall find that God hath seemed to prosper and allow much more of those of Lancaster then of those of York for that under those of Lancaster the Realm hath enjoyed much more peace and gaining far greater honour and enlarged more the dominions of the Crown then under those of York and that it had done also much more if the seditions rebellions and troubles raised and brought in by the Princes of the House of York had not hindered the same as say these men it was evidently seen in the time of King Henry the sixth when their contention against the Princes of the House of Lancaster was the principal cause why all the English States in France were lost and what garboils and troubles at home have ensued afterwards and how infinite murthers and men slaughters with change of Nobility have been caused hereby and increased afterward under the Government and rule of the Princes of York needeth not say these men to be declared One thing only they note in particular which I will not omit and let it be the sixth note and that is that the Princes of York have not only been rigorous and very bloudy unto their adversaires but also among themselves and to their kindred which these men take to be a just punishment of God upon them And for proof hereof they alledge first the Testimony of Polydor who albeit he were a great advocate of the House of York as before hath been noted for that he lived and wrote his story under King Henry the eighth yet in one place he breaketh forth into these words of the Princes of this House Cum non haberent jam inimicos in quos saevitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine s●as pollure manus When these Princes now had brought to destruction all those of the House of Lancaster so as they had no more enemies upon whom to fill and satiate their cruelty then began they to exercise their fierceness upon themselves and to imbrew their hands with their own bloud Thus far Polydor. Secondly they do shew the same by the deeds of both sides for that the love union trust confidence faithfulness kindness and Loyalty of the Princes of Lancaster the one towards the other is singular and notorious as may appear by the acts and studious endeavours of the Lord Henry Bishop of Winchester and Cardinal and of the Lord Thomas Duke of Exceter and Marquis of Dorset Brothers of King Henry the fourth to whom and to his Children they were most faithful friendly and loyal as also by the noble proceedings of the Lords Thomas Duke of Clarence John Duke of Bedford and Humphry Duke of Glocester Sons of the for●said Henry the fourth and brothers of King Henry the fifth the first of which three gave his bloud in his service and the other two spent their whole lives in defence of the dignity of the English Crown the one as Regent of France the other as Protector of England by the worthy acts also and renowned faithfulness of the Dukes of Somerset Cousen-je●●ans to the said King Henry the fourth and to his Children and the proper Ancestors of King Henry the VII all which Dukes of Somerset of the House of Lancaster being five or six in number did not only as Polydor saith assist and help their Soveraign and the whole Realm Vigiliis curis periculis that is to say with watchfulness car●s and offering themselves to dangers but also four of them one after another to wit Edmond with his three Sons Henry Edmond and John whereof two successively after him were Dukes of Somerset and the Marquess of Dorset were all four I say as so many Maccabees slain in the defence of their Country and Family by the other faction of the House of York which thing say these men shewed evidently both a marvelous confidence that these men had in their quarrel as also a great blessing of God towards that Family that they had such love and union among themselves But now
English Nobility to see them so greatly advanced above the rest as necessarily they must be if this Woman of their Lineage should come to be Queen which how the Nobility of England would b●ar is hard to say And this is as much as I have heard others say of this matter and of all the House of Scotland wherefore with this I shall end and pass over to treat also of the other Houses that do remain of such as before I named CHAP. VI. Of the House of Suffolk containing the Claims of the Countess of Darby and her Children as also of the Children of the Earl of Hartford IT hath appeared by the Genealogy set down before in the third Chapter and often-times mentioned since how that the House of Suffolk is so called for that the Lady Mary second Daughter of King Henry VII being first married to Lewis XII King of France was afterwards married to Charles Brandon Duke of Suffolk who being sent over to condole the death of the said King got the good will of the Widow-Queen though the common Fame of all men was That the said Charles had a Wife living at that day and divers years after as in this Chapter we shall examine more in particular By this Charles Brandon then Duke of Suffolk this Queen Mary of France had two Daughters first the Lady Frances married to Sir Henry Gray Marquess of Dorset and afterwards in the right of his Wife Duke also of Suffolk who was afterwards beheaded by Queen Mary And secondly Lady Eleanor married to Sir Henry Clifford Earl of Cumberland The Lady Frances elder Daughter of the Queen and of Charles Brandon had Issue by her Husband the said last Duke of Suffolk three Daughters to wit Jane Katharine and Mary which Mary the youngest was betrothed first to Arthur Lord Gray of Wilton and after left by him she was married to one M. Martin Keyes of Kent Gentleman-Porter of the Queens Houshold and after she died without Issue And the Lady Jane the eldest of the three Sisters was married at the same time to the Lord Guilford Dudley fourth Son to Sir John Dudley Duke of Northumberland and was proclaimed Queen after the death of King Edward for which act all three of them to wit both the Father Son and Daughter-in-law were put to death soon after But the Lady Katharine the second Daughter was married first upon the same day that the other two her Sisters were unto Lord Henry Herbert now Earl of Pembroke and upon the fall and misery of her House she was left by him and so she lived a sole Woman for divers years until in the beginning of this Queens days she was found to be with-child which she affirmed was by the Lord Edward Seymor Earl of Hartford who at that time was in France with Sir Nicholas Throgmorton the Embassador and had purpose and license to have travelled into Italy but being called home in hast upon this new accident he confessed that the Child was his and both he and the Lady affirmed that they were man and wife but for that they could not prove it by Witnesses and for attempting such a Match with one of the Blood Royal without Privity and License of the Prince they were Committed to the Tower where they procured Means to meet again afterward and had an other Child which both Children do yet live and the Elder of them is called Lord Henry Beacham and the other Edward Seymor the Mother of whom lived not long after neither married the Earl again until of late that he married the Lady Frances Howard Sister to the Lady Sheffield And this is all the Issue of the elder Daughter of Charles Brandon by Lady Mary Queen of France The second Daughter of Duke Charles and the Queen named Lady Eleanor was married to Henry Lord Clifford Earl of Cumberland and had by him a Daughter named Margaret that married Sir Henry Stanely Lord Strange and after Earl of Darby by whom the said Lady who yet liveth hath had Issue Ferdinando Stanley now Earl of Darby William and Francis Stanley And this is the Issue of the House of Suffolk to wit this Countess of Darby with her Children and these other of the Earl of Hartford of all whose Titles with their Impediments I shall here briefly give an account and reason First of all both of these Families do joyn together in this one point to exclude the House of Scotland both by foreign Birth anh by the aforesaid Testament of King Henry authorized by two Parliaments and by the other Exclusions which in each of the titles of the King of cots and of Lady Arabella hath been before-alledged But then secondly they come to vary between themselves about the Priority or Propinquity of their own Succession for the Children of the Earl of Hartford and their Friends do alledge That they do descend of Lady Frances the elder Sister of Lady Eleanor and so by Law and Reason ought to be preferred But the other House alledgeth against this two Impediments the one That the Lady Margaret Countess of Darby now living is nearer by one degree to the Stem that is to King Henry VII then are the Children of the Earl of Hartford and consequently according to that which in the former fourth Chapter hath been declared she is to be preferred albeit the Children of the said Earl were legitimate Secondly they do affirm That the said Children of the Earl of Hartford by the Lady Katharine Gray are many ways illegitimate First for that the said Lady Katharine Gray their Mother was lawfully married before to the Earl of Pembroke now living as hath been touched and publick Records do testifie and not lawfully separated nor by lawful authority nor for just Causes but only for temporal and worldly respects for that the House of Suffolk was come into misery and disgrace whereby she remained still his true Wife and before God and so could have no lawful Children by any other whiles he yet lived as yet he doth Again they prove the illegitimation of these Children of the Earl of Hartford for that it could never be lawfully proved that the said Earl and the Lady Katharine were married but only by their own assertions which in Law is not holden sufficient for which occasion the said pretended Marriage was disannulled in the Court of Arches by publick and definitive Sentence of Doctor Parker Archbishop of Canterbury and Primate of England not long after the Birth of the said Children Furthermore they do add yet another Bastardy also in the Birth of Lady Katharine her self for that her Father Lord Henry Gray Marquess of Dorset was known to have a lawful Wife alive when he married the Lady Frances Daughter and Heir of the Queen of France and of Charles Brandon Duke of Suffolk and Mother of this Lady Katharine for ob●aining of which said Marriage the said Marquess put away his foresaid
lawful Wi●e which was Sister to the Lord Henry Fitz Allen Earl of Arundel which disorder was occasion of much unkindness and hatred between the said Marquess and Earl ever after But the power of the Marquess and favour with King Henry in Womens matters was so great at that time as the Earl could have no remedy but only that his said Sister who lived many years after had an Annuity out of the said Marquesses Lands during her life and lived some years after the said Marquess afterwards made Duke was put to death in Queen Maries time These then are three ways by which the Family of Darby to argue the Issue of Hartford to be Illegitimate but the other two Houses of Scotland and Clarence do urge a former Bastardy also that is common to them both to wit both against the Lady Frances and the Lady Eleanor for that the Lord Charles Brandon also Duke of Suffolk had a Wife alive as before hath been signified when he married the Lady Mary Queen of France by which former Wife he had Issue the Lady Powis I mean the Wife of my Lord Powis of Poistlands in Wales and how long after the new Marriage of her Husband Charles Brandon this former Wife did live I cannot set down distinctly though I think it were not hard to take particular information thereof in England by the Register of the Church wherein she was buried But the Friends of the Countess of Darby do affirm that she died before the Birth of the Lady Eleanor the second Daughter though after the Birth of the Lady Frances and thereby they do seek to clear the Family of Darby of this Bastardy and to lay all four upon the Children of Hartford before-mentioned But this is easie to be known and verified by the means before-signified But now the Friends of Hartford do answer to all these Bastardies That for the first two pretended by the marriages of the two Dukes of Suffolk that either the Causes might be such as their Divorces with their Wives might be lawful and prove them no Marriages and so give them place to marry again or else that the said former Wives did die before these Dukes that had been their Husbands so as by a ●o●t-contract and second new Consent given between the Parties when they were now free the said latter Marriages which were not good at the beginning might come to be lawful afterwards according as the Law permitteth notwithstanding that Children begotten in such pretended Marriages where one party is already bound are not made legitimate by subsequent true Marriage of their Parents And this for the first two Bastardies But as for the third Illegitimation of the Contract between the Lady Katharine and the Earl of Hartford by a Prae-contract made between the said Lady Katharine and the Earl of Pembroke that now liveth they say and affirm that Prae-contract to have been dissolved afterwards lawfully and judicially in the time of Queen Mary There remaineth then only the fourth Objection about the secret Marriage made between the said Lady Katharine and the Earl of Hartford before the Birth of their eldest Son now called Lord Beacham which to say the truth seemeth the hardest point to be answered For albeit in the sight of God that Marriage might be good and lawful if before their carnal knowledge they gave mutual consent the one to the other to be man and Wife and with that mind and intention had carnal Copulation which thing is also allowed by the late Council of Trent it self which disannulleth otherwise all clandestine and secret Contracts in such States and Countries where the authority of the said Council is received and admitted yet to justifie these kind of Marriages in the face of the Church and to make the Issue thereof legitimate and inheritable to Estates and Possessions it is necessary by all Law and in all Nations that there should be some witness to testifie this Consent and Contract of the parties before their carnal knowledge for that otherwise it should lie in every particular mans hand to legitimate any Bastard of his by his only word to the prejudice of others that might in equity of Succession pretend to be his Heirs and therefore no doubt but that the Archbishop of Canterbury had great reason to pronounce this Contract of the Lady Katharine and the Earl of Hartford to be insufficient and unlawful though themselves did affirm that they had given mutual Consent before of being Man and Wife and that they came together animo maritali as the Law of Wedlock requireth but yet for that they were not able to prove their said former consent by lawful Witnesses their said Conjunction was rightly pronounced unlawful and so I conclude that the first Son of these two Parties might be legitimate before God and yet illegitimate before men and consequently incapable of all such Succession as otherwise he might pretend by his said Mother And this now is for the first begotten of these two persons for as touching the second Child begotten in the Tower of London divers men of opinion that he may be freed of this Bastardy for that both the Earl and the Lady being examined upon their first Child did confess and affirm that they were Man and Wife and that they had meaning so to be and continue which Confession is thought to be sufficient both for ratifying of their old Contract and also for making of a new if the other had not been made before And seeing that in the former pretended Contract and Marriage there wanted nothing for justifying the same before men and for making it good in Law but only external Testimony of Witnesses for proving that they gave such mutual Consent of minds before their Carnal knowledge for the presence of Priest or Minister is not absolutely necessary no man can say that there wanted Witnesses for testifying of this Consent before second Copulation by which was begotten the second Son for that both the Queen her self and her Council and as many besides as examined these Parties upon their first Act and Child-birth are Witnesses unto them that their full Consents and Approbations to be Man and Wife which they ratified afterward in the Tower by the begetting of their second Child and so for the reasons aforesaid he must needs seem to be legitimate whatsoever my Lord of Canterbury for that time or in respect of the great Offence taken by the Estate against that Act did or might determine to the contrary And this is the sum of that which commonly is treated about these two Families of the House of Suffolk to wit of Hartford and Darby both which Families of Suffolk the other two opposite Houses of Scotland and Clarence do seek to exclude by the first Bastardy or unlawful Contract between the Queen of France and Duke Charles Brandon as hath been seen Of which Bastardy the House of Darby doth endeavour to avoid it self in manner as
Nation that was lawfully and orderly preferred to the Imperial Seat after that it passed from the Children of Charles the Great and there be divers points worthy the noting in this example and among other that albeit he were lawful King and Emperor by Succession as also by appointment of his Father Yet was he chosen and admitted again by the Prince and People and that he Swore to fulfil all those points and conditions which the signification of the Emperial Ornament did bind him unto After this about sixteen years or more Pope Gregory the fifth in a Synod holden in Rome did by the consent of Otho the third Emperour and Nephew unto this other Otho of whom we have now treated appoint a certain Form of Election for the time to come of the German Emperour to wit that he should be chosen by six Princes of Germany three Ecclesiastical which are the Archbishops of Moguntia Colen and Trevires and three Temporal Lords to wit the Duke of Saxony the Count Palatine of Rhene and the Marquess of Brandeuburg and when these six voices should happen to be equally divided then that the Duke of Bohemia for then it was no Kingdom should have place also to determine the Election All which was determined in the year of Christ 996. in Rome and approved afterward by all the Princes of Germany and allowed by all other Christian Princes and States of the World and so endureth unto this day And among all other points this of his Coronation and his Oath to be taken for his well Government was and is most exactly set down and recorded by many Historiographers of that time and since But I shall aledge them out of John Sleydan as the most convenient Author for this our time and purpose First of all then he Writeth that after any Man is chosen Emperour he is to be called only Caesar and the King of the Romans and not Emperour until he be Crowned and the Conditions which he Sweareth unto presently after his Election Are to defend the Christian and Catholick Religion to defend the Pope and Church of Rome whose Advocate he is to Minister Justice equally to all to follow Peace to keep and observe all Laws Rights and Priviledges of the Empire not to alienate or engage the possessions of the Empire to condemn no Man without hearing his cause but to suffer the course of Law to have its place in all and whatsoever he shall do otherwise that it be void and of no Validity at all Unto all these Articles he Sweareth first by his Legates and then he giveth a Copy of his Oath in Writing to every one of the six Electors and after this he goeth to the City of Aquis-grun to be Crowned in that great Church where about the middle of the Mass the Archbishop of Colen goeth unto him in the presence of all the People and asketh whether he be ready to Swear and promise to observe the Catholick Religion defend the Church Minister Justice protect the Widdows and Fatherless and yield dutiful Honour and Obedience to the Pope of Rome Whereunto he answering That he is ready to do all this The Archbishop leadeth him to the high Altar where he Sweareth in express words all these Articles which being done the said Archbishop turning himself to the Princes of the Empire and People there present doth ask them Whether they be content to Swear Obedience and Fealty unto him Who answering Y a He is Annointed by the said Archbishop before the Altar and then do come the other two Archbishhps of Moguntia and Treviers and do lead him into the Vestery where certain Deacons are ready to Apparel him in his Robes and do set him in a Chair upon whom the Archbishop of Colen sayeth certain Prayers and then delivereth him a Sword drawn and putting a Ring upon his finger and giveth him a Scepter in his hand and then all the three Archbishops together do put on the Crown upon his head and leading him so Crowned and Apparreled unto the high Altar again He Sweareth the second time That he will do the part of a good Christian and Catholick Emperor Which being ended he is brought back and placed in the Emperial seat and Throne where all the Princes of the Empire do Swear obedience and faith unto him beginning with the three Archbishops and continuing on with the three other Electors and so all the rest in order which is a notable and magestical manner of admitting and authorising of a Prince as you see and it is to be marked among other things that the Emperour Sweareth three times once by his Deputies and twice by Himself before his Subjects Swear once unto him and yet will Belloy as you have heard needs have Subjects only bound to their Princes and the Prince nothing at all bound to them again In Polonia which being first a Dukedom was made a Kingdom about the same time that this form of electing of the German Emperour was prescribed the manner of Coronation of their King is in substance the very same that we have declared to be of the Emperour For first of all the Archbishop of Guesua Metropolitant of all Polonia cometh to the King standing before the high Altar and sayeth unto him these words Whereas you are right Noble Prince to receive at our hands at this day who are thought unworthily in place of Christ for execution of this Function the sacred Anointing and other Ceremonies Ensigns and Ornaments appertaining to the Kings of this Land it shall be well that we admonish you in a few words what the charge importeth which you are to take upon you c. Thus he beginneth and after this he declareth unto him for what end he is made King what the obligation of that place and dignity bindeth him unto and unto what points he must Swear what do signifie the Sword the Ring the Scepter and the Crown that he is to receive and at the delivery of each of these things he maketh both a short exhortation unto him and prayer unto God for him And the Kings Oath is in these Words Promitto coram Deo Angelis ejus I do promise and Swear before God and his Angels that I will do Law and Justice to all and keep the Peace of Christ his Church and the union of his Catholick Faith and will do and cause to be done due and Canonical Honour unto the Bishops of this Land and to the rest of the Clergy and if which God forbid I should break my Oath I am content that the Inhabitants of this Kingdom owe no Duty or Obedience unto me as God shall help me and Gods holy Gospels After this Oath made by the King and received by the Subjects the Lord Martial General of the whole Kingdom doth ask with a loud voice of all the Councellors Nobility and People there present Whether they be content to submit
and the Earl of Flanders the Sword Royal so that there are three Dukes three Earls in every one of both Ranks of Spiritual and Temporal Lords and as Gerard noteth the King is apparelled on this day three times and in three several sorts The first as a Priest the second as a King and Warriour the third as a Judge And finally he saith that this Solemnity of Anointing and Crowning the King of France is the most magnificent Gorgeous and Majestical thing that may be seen in the world for which he referreth us not only to the particular Coronations of these two ancient Kings Philip the first and second but also to the late Coronation of Henry the second Father to the last Kings of France which is also in print and indeed is a very goodly and most notable thing to be read though indeed much more to be seen But to say a word or two more of Philip Augustus before I pass any further which happened in the Year 1179. and in the 25. of the reign of our King Henry the second of England who as the French Histories say was present also at this Coronation and had his Rank among the Peers as Duke of Normandy and held the Kings Crown in his hand and one of his Sons had his Rank also as Duke of Gascony and the form used in this Coronation was the very same which is used at this day in the Admission of the Kings of France in recounting whereof I will let pass all the particular ceremonies which are largely to be read in Francis Belforest in the place before-mentioned and I will repeat only the Kings Oath which the said Author recounteth in these words The Archbishop of Rhemes being vested in his Pontifical attire and come to the Altar to begin Mass where the King also was upon a high seat placed he turned to him and said these words in the name of all the Clergy and Churches of France Sirs that which we require at your hands this day is that you promise unto us that you will keep all Canonical Priviledges Law and Justice due to be kept and defended as a good King is bound to do in his Realm and to every Bishop and Church to him committed whereunto the King answered I do promise and avow to every one of you and to every Church to you committed That I will keep and maintain all Canonical Priviledges Law and Justice due to every man to the utmost of my Power And by Gods help shall defend you as a good King is bound to do in his Realm This being done the King did Swear and make his Oath laying his hands upon the Gospel in these Words following Au nom de Jesus Christ je jure promets au Peuple Christien a moy suject ces choses c. Which is in English In the name of Jesus Christ I do Swear and promise to all Christian People subject unto me these points ensuing First to procure that all my Subjects be kept in the union of the Church and I will defend them from all Excess Rapine Extortion and Iniquity Secondly I will take order that in all Judgments Justice shall be kept with Equity and Mercy to the end that God of his Mercy may conserve unto me with you my People his Holy grace and mercy Thirdly endeavour as much as possible shall lie in me to chase and drive out of my Realm and all my Dominions all such as the Church hath or shall declare for Hereticks as God shall help me and his Holy Gospels Thus Sweareth the King and then kisseth the Gospel and immediatly is Sung Te Deum Laudamus and after that are said many particular Prayers by the Archbishop and then is the King vested and the Ring Scepter Crown and the other Kingly Ornaments and Ensigns are brought and put upon him with Declaration first what they signifie and then particular Prayers are made to God that their signification may be by the King fulfilled And after all ended the Archbishop with the Bishops do bless him and say these words unto him God which reigneth in Heaven and governeth all Kingdoms bless you c. Be you stable and constant and hold your Place and Right from hence forth which here is committed and laid upon you by the authority of Almighty God and by this present tradition and delivery which we the Bishops and other Servants of God do make unto you of the same and remember you in place convenient to bear so much more respect and reverence unto the Clergy by how much nearer than other men you have seen them to approach to God's Altar to the end that Jesus Christ Mediator of God and Man may confirm and maintain you by the Clergy and People in this your Royal Seat and Throne who being Lord of Lords and King of Kings make you Reign with him and his Father in the Life and Glory everlasting Thus saith the Archbishop unto him and after this he is led by him and the other Peers unto the Seat Royal where the Crown is put upon his Head and many other large Ceremonies used which may be read in the Author aforesaid and are too long for this place And yet have I been the larger in this matter of France for that I do not think it to be improbable which this Author and others do not to wit that most Nations round about have taken their particular Forms of Anointing and Crowning their Kings from this ancient custom of France though the substance thereof I mean of their Sacring and Anointing be deduced from Examples of far more Antiquity to wit from the very first Kings among the people of Israel whom God caused to be anointed by his Priests and Prophets in token of his Election and as a singular Priviledge of Honour and Preheminence unto them whereof King David made so great account when he said to the Souldier that had killed Saul his Enemy in the War quare non timuisti mittere manum tuam in Christum Domini Why didst thou not fear to lay thy hands upon the Anointed of God and he put him to death for it notwithstanding that Saul had been long before deposed and rejected by God and that himself had lawfully born Arms against him for many days so much was that Ceremony of Anointing esteemed in those days and so hath it been ever since among Christian People also For that Kings hereby are made Sacred and do not only participate with Priests but also with Christ himself who hath his Name of this circumstance of Anointing as all the world knoweth Probable then I say it is that albeit the substance of this ceremony of Anointing Kings be much elder than the Christian Kingdom of France yet is this particular and Majestical manner of doing the same by way of Coronation the most antient in France above all other Kingdoms round about especially if it began with the
and Nobles of the Royal Blood of England to all which by Law of Nature Equity and Reason he said that he bare reverent honour and respect and to discuss their several Pretentions Rights Interests and Titles to the Crown he said that his meaning was not to offend hurt or prejudicate none nor to determin any thing resolutly in favour or hinderance of any of their Pretences or Claims of what Side Family Faction Religion or other Party soever he or she were but rather plainly and indifferently without hatred or partial affection to or against any to lay down sincerely what he had heard or read or of himself conceived that might justly be alledged in favour or disfavour of every Titler And so much the rather he said that he would do this for that in very truth the Civilians speech had put him in a great indifferency concerning matter of Succession and had taken out of his Head many scrupulosities about nice Points of Nearness in Blood by the many Examples and Reasons that he had alledged of the Proceeding of Christian Commonwealths in this Affair preferring oftentimes him that was further off in Blood upon other Considerations of more weight and importance which Point seemed to him to have been so evidently proved as no man can deny it and much less condemn the same without the Inconveniences before alledged and mentioned of calling all in doubt that now is established in the World considering that not only foreign Countries but England also it self so often hath used the same putting back the next in Blood Wherefore he said that for as much as Commonwealths and the consent will and desire of each Realm was proved to have High and Soveraign Authority in this Affair and that as on the one side Nearness of Blood was to be respected so on the other there wanted not sundry considerations and circumstances of as great moment as this or rather greater for that oftentimes these considerations had been preferred before Nearness of Blood as hath been declared I do not know quoth he who of the Pretenders may next obtain the Garland whatsoever his Right by Propinquity be so he have someright as I think all have that do pretend and therefore I mean not to stand upon the justification or impugning of any one Title but rather to leave all to God and to them that must one day try and judge the same in England to whom I suppose this Speech of mine cannot be but grateful and commodious for the better understanding and discerning of those matters whereof of necessity ere it be long they must be Judges and Vmpires when God shall appoint and consequently for them to be ignorant or unacquainted with the same as men say that commonly most in England at this day cannot be but very inconvenient and dangerous In this manner he spake and after this he began his discourse setting down first of all the sundry Books and Treatises which he understood had been made or written hitherto of this Affair CHAP. I. Of the divers Books and Treatises that have been written heretofore about the Titles of such as pretend to the Crown of England aed what they do contain in favour or disfavour of sundry Pretenders ACcording to the Variety of mens Judgments and Affections of man in this behalf so said the Lawyer that divers had written diversly in sundry Books and Treatises that had come to light and went among men from hand to hand though all were not printed And First of all he said that not long after her Majesties coming to the Crown there appeared a certain Book written in the favour of the house of Suffolk and especially of the Children of the Earl of Hartford by the Lady Catharin Gray which Book offended highly the Queen and Nobles of England and was afterwards found to be written by one Hales sirnamed the Club foot who was Clerk of the Hamper and Sir Nicolas Bacon then Lord Keeper was presumed also to have had a principal part in the same for which he was like to have lost his Office if Sir Antony Brown that had been Chief Judge of the Common Pleas in Queen Maries time would have accepted thereof when her Majesty offered the same unto him and my Lord of Leicester earnestly exhorted him to take it but he refused it for that he was of a different Religion from the State and so Sir Nicolas Bacon remained with the same at the great instance of Sir William Cecill now Lord Treasurer who though he were to be privy also to the said Book yet was the matter so wisely laid upon Hales and Bacon and Sir William was kept free thereby to have the more Authority and Grace to procure the others pardon as he did The bent and butt of this Book was as I have said to prefer the Title of the Lady Catharine Gray Daughter of the Lady Frances Dutchess of Suffolk which Frances was Daughter to Mary the younger Daughter to King Henry VII before the Title of the Queen of Scots then living and of her Son which were descended of Lady Margaret eldest Daughter of the said King Henry And the reasons which this Book did alledge for the same were principally two The First that the Laws of England did not admit any stranger or alien to inherit in England to wit any such as were born out of the Allegiance of our Realm for so are the words of the Law and for that the Queen of Scots and her Son are known to be so born therefore they could not succeed and consequently that the house of Suffolk descended of the second Daughter must enter in their place The second Reason is for that there is given Authority to King Henry VIII by two several Acts of Parliament in the 28. and 36. Year of his Reign to dispose of the Succession by his last Will and Testament as he should think best among those of his Kindred that did pretend after his Children a●● that the said King according to his Commission did ordain that if his own Children did dye without issue then the Off-spring of his younger Sister Mary that were born in England should be preferred before the Issue of the elder that was Margaret married into Scotland and this was the effect of this first Book Against this Book were written two other soon after the First by one Morgan a Divine if I remember well sometimes Fellow of Oriel Colledge in Oxford a man of good account for Learning among those that knew him and he was thought to have written the said Book by the advice and assistance of the foresaid Judge Brown which thing is made the more credible by the many Authorities of our Common Law which therein are alledged and the parts of this Book if I forget not were three or rather they were three Books of one Treatise the first whereof did take upon it to clear the said Queen of Scots for the Murther of the Lord
Constance as also by divers other participations of the Bloud-Royal of England as afterwards will appear Now then to come to the second Daughter of King William the Conquerour or rather the third for that the first of all was a Nun as before hath been noted her name was Adela or Alice as hath been said and she was Married in France to Stephen Count Palatine of Champagne Charters and Bloys by whom she had a Son called also Stephen who by his Grand Mother was Earl also of Bullaine in Picardy and after the death of his Uncle King Henry of England was by the favour of the English Nobility and especially by the help of his own Brother the Lord Henry of Bl●is that was Bishop of Winchester and Jointly Abbot of Glastenbury made King of England and this both in respect that Mathilda Daughter of King Henry the first was a Woman and her Son Henry Duke of Anjou a very child and one degree farther off from the Conqueror and from King Rufus then Stephen was as also for that this King Henry the first as hath been signified before was judged by many to have entred wrongfully unto the Crown and thereby to have made both himself and his posterity incapable of Succession by the violence which he used against both his elder Brother Robert and his Nephew Duke William that was Son and Heir to Robert who by nature and Law were both of them hold for Soverains to John by those that favoured them and their pretentions But yet howsoever this were we see that the Duke of Britainy that lived at that day should evidently have succeeded before Stephen for that he was descended of the elder Daughter of the Conqueror and Stephen of the younger though Stephen by the commodity he had of the nearness of his Port and Haven of Bullain into England as the French stories do say for Calis was of no importance at that time and by the friendship and familiarity he had goten in England during the Reign of his two Uncles King Rufus and King Herny and especially by the he●p of his Brother the Bishop and Abbot as hath been said he got the start of all the rest and the states of England admitted him This man although he had two Sons namely E●stachius Duke of Normandy and William Earl of Norfolk yet left they no Issue And his Daughter Mary was Married to Matthew of Flanders of whom if any Issue remains it fell afterwards upon the House of Austria that succeeded in those States To King Stephen who left no Issue succeeded by composition after much War Henry Duke of Anjou Son and Heir to Mathilda before named Daughter of Henry the first which Henry named afterward the second took to his Wife Eleanor Daughter and Heir of William Duke of Aquitain and Earl of Poytiers which Eleanor had been Married before to the King of France Lewis the VII and bare him two Daughters but upon dislike conceaved by the one against the other they were Divorced under pretence of being within the fourth degree of Consanguinity and so by second Marriage Eleanor was Wife to this said Henry who afterwards was King of England by name of King Henry the II. that procured the death of Thomas Backet Archbishop of Canterbury and both before and after the greatest Enemy that ever Lewis the King of France had in the World and much the greater for his Marriage by which Henry was made far stronger for by this Woman he came to be Duke of all Aquitain that is of Gascony and Guiene and Earl of all the Country of Poytiers whereas before also by his Fathers inheritance he was Duke both of Anjou Touraine and Maine and his Mother Mathilda King Henries Daughter of England he came to be King of Enland and Duke of Normandy and his own industry he got also to be Lord of Ireland as also to bring Scotland under his homage so as he enlarged the Kingdom of England most of any other King before or after him This King Henry the II. as Stow recounteth had by Lady Eleanor five Sons and three Daughters His eldest Son was named William that dyed young his second was Henry whom he caused to be crowned in his own Life time whereby he received much trouble but in the end this Son dyed before his Father without issue His third Son was Richard sirnamed for his valour Cor de Leon who reigned after his Father by the name of Richard the I. and dyed without issue in the Year of Christ 1199. His fourth Son named Geffrey married Lady Constance Daughter and Heir of Britany as before hath been said and dying left a son by her named Arthur which was Duke of Britany after him and pretended also to be King of England but was put by it by his Uncle John that took him also Prisoner and kept him also in the Castle first of Fallaise in Normandy and then in Rouan until he caused him to be put to death or slew him with his own hands as French Stories write in the Year 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 find but one named by the French Stories which was Eleanor whom they say King John also caused to be murthered in England a little before her Brother the Duke was put to death in Normandy and this was the end of the Issue of Geffrey whose Wife Constance Dutchess of of Britany married again after this Murther of her Children unto one Guy Vicount of Touars and had by him two daughters whereof the eldest named Alice was Dutchess of Britany by whom the Race hath been continued unto our time The Fifth Son of King Henry the II. was named John who after the death of his Brother Richard by help of his Mother Eleanor and of Hubert Archbishop of Canterbury drawn thereunto by his said Mother got to be King and put back his Nephew Arthur whom King Richard before his departure to the War of the Holy Land had caused to be declared Heir apparent but John prevailed and made away both Nephew and Neece as before hath been said for which Fact he was detested of many in the World abroad and in France by Act of Parliament deprived of all the States he had in those parts Soon after also the Pope gave sentence of Deprivation against him and his own Barons took Arms to execute the sentence and finally they deposed both him and his young Son Henry being then but a Child of eight years old and this in the eighteenth year of his Reign and in the Year of Christ 1215. and Lewis the VIII of that name Prince at that time but afterwards King of France was chosen King of England and sworn in London and placed in the Tower though soon after by the sudden death of King John
shall now begin to make more particular declaration taking my beginning from the Children of King Edward the third who were the causers of this fatal dissention CHAP. III. Of the succession of English Kings from King Edward the third unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared KIng Edward the third surnamed by the English the Victorious though he had many Children whereof some died without Issue which appertain not to us to treat of yet had he five Sons that left Issue behind them to wit Edward the eldest that was Prince of Wales surnamed the Black Prince Leonel Duke of Clarence which was the second Son John of Gaunt so called for that he was born in that City that was the third Son and by his Wife was Duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also born there and was Duke of York and last of all Thomas the fifth Son surnamed of Woodstock for the same reason of his birth and was Duke of Gloucester All these five Dukes being great Princes and Sons of one King left Issue behind them as shall be declared and for that the descendents of the third and fourth of these Sons to wit of the Dukes of Lancaster and York came afterward to strive who had best Title to Reign thereof it came that the controversie had his name of these two Families which for more distinction sake and the better to be known took upon them for their Ensigns a Rose of two different colours to wit the White Rose and the Red as all the World knoweth whereof the White served for York and the Red for Lancaster To begin then to shew the Issue of all these five Princes it is to be noted that the two elder of them to wit Prince Edward and his second Brother Leonel Duke of Clarence dyed both of them before King Edward their Father and left each of them an Heir for that Prince Edward left a Son named Richard who Succeeded in the Crown immediately after his Grand-father by the name of King Richard the second but afterward for his evil Government was deposed and dyed in prison without Issue and so was ended in him the Succession of the first Son of King Edward The second Son Leonel dying also before his Father left behind him one only Daughter and Heir named Philippa who was married to one Edmond Mortimer ●arl of March and he had by her a Son and Heir named Roger Mortimer which Roger had Issue two Sons named Edmond and Roger which dyed both without Children and one daughter named Anne Mortimer who was married unto Richard Plantagenet Earl of Cambridge second Son unto Edmond Langly Duke of York which Duke Edmond was fourth Son as hath been said unto King Edward the third and for that this Richard Plantagenet married the said Anne as hath been said hereby it came to pass that the House of York joyned two titles in one to wit that of Leonel Duke of Clarence which was the second Son of King Edward the third and that of Edmond Langly Duke of York which was the fourth Son and albeit this Richard Plantagenet himself never came to be Duke of York for that he was put to death while his elder Brother lived by King Henry the fifth for a conspiracy discovered in Southampton against the said King when he was going over into France with his Army yet he left a Son behind him named also Richard who afterward came to be Duke of York by the death of his Uncle which Uncle was slain soon after in the Batte● of Age●cou●t in France and this Richard began first of all to prosecute openly his quarrel for the Title of the Crown against the House of Lancaster as a little afterward more in particuler shall be declared as also shall be shewed how that this 2 Richard Duke of York being slain also in the same quarrel left a Son named Edward Earl of March who after much trouble got to be King by the name of King Edward the 4 by the oppression and putting down of King Henry the 6 of the House of Lancaster and was the first King of the House of York whose Genealogy we shall lay down more largely afterwards in place convenient And now it followeth in order that we should speak of John of Gaunt the third Son but for that his descent is great I shall first shew the descent of the fifth and last Son of King Edward who was Thomas of Woodstock Duke of Glocester and Earl of Buckingham that was put to death afterward or rather murthered wrongfully by order of his Nephew King Richard the second and he left only one daughter and Heir named Anne who was married to the Lord Stafford whose Family afterward in regard of this marriage came to be Dukes of Buckingham and were put down by King Richard the third and King Henry the eighth albeit some of the bloud and name do remain yet still in England And thus having brought to an end the Issue of three Sons of King Edward to wit of the first second and fifth and touched also somewhat of the fourth there resteth to prosecute more fully the Issues and descents of the third and fourth Sons to wit of John of Gaunt Duke of Lancaster and of Edmond Langly Duke of York which are the Heads of these two Noble Families which thing I shall do in this place with all brevity and perspicuity possible beginning first with the House of Lancaster John of Gaunt third Son of King Edward being Duke of Lancaster by his Wife as hath been said had three Wives in all and by every one of them had issue though the Bishop of Ross in his great Latine Arbour of the Genealogies of the Kings of England Printed in Paris in the year 1580. assigneth but one Wife only to this John of Gaunt and consequently that all his Children were born of her which is a great and manifest errour and causeth great confusion in all the rest which in his Book of the Queen of Scots Title he buildeth hereon for that it being evident that only the first Wife was Daughter and Heir of the House of Lancaster and John of Gaunt Duke thereof by her it followeth that the Children only that were born of her can pretend properly to the inheritance of that house and not others born of John of Gaunt by other wives as all the World will confess First then as I have said this John of Gaunt married Blanch Daughter and Heir of Henry Duke of Lancaster and had by her one Son only and two Daughters The Son was called Henry Earl first of Darby 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 lastly was made King by the deposition of his Cousen German the said King
same House as descended by the daughter of the first Brother Edward Duke of York and King of England and then the Earl of Huntington and his generation as also the Pools Barringtons and others before named are or may be Titlers of York as descended of George Duke of Clarence second Son of Richard Duke of York all which Issue yet seem to remain only within the compass of the House of York for that by the former Pedegree of the House of Lancaster it seemeth to the favourers of this House that none of these other Competitors are properly of the Line of Lancaster for that King Henry the 7th coming only of John of Gaunt by Catharine Swinford his third Wife could have no part in Lady Blanch that was only Inheritor of that House as to these men seemeth evident Only then it remaineth for the ending of this Chapter to explain somewhat more clearly the descent of King Henry the 7th and of his Issue For better understanding whereof you must consider that King Henry the 7th being of the House of Lancaster in the manner that you have heard and marrying Elizabeth the eldest daughter of the contrary House of York did seem to joyn both Houses together and make an end of that bloudy controversie though others now will say no But howsoever that was which after shall be examined clear it is that he had by that marriage one only Son that left Issue and two daughters his Son was King Henry the 8th who by three several Wives had three Children that have reigned after him to wit King Edward the 6th by Queen Jane Seymer Queen Mary by Queen Catharine of Spain and Queen Elizabeth by Queen Anne Bullen of all which three Children no Issue hath remained so as now we must return to consider the Issue of his daughters The eldest daughter of King Henoy the seventh named Margaret was married by her first mariage to James the fourth King of Scots who had Issue James the fifth and he again Lady Mary late Queen of Scots and Dowager of France put to death not long ago in England who left Issue James the sixth now King of Scots And by her second marriage the said Lady Margaret after the death of King James the fourth took for husband Archibald Douglas Earl of Angus in Scotland by whom she had one only daughter named Margaret which was married to Matthew Steward Earl of Lenox and by him she had two Sons to wit Henry Lord Darly and Charles Steward Henry married the foresaid Lady Mary Queen of Scotland and was murthered in Edenbrough in the year 1566. as the World knoweth and Charles his Brother married Elizabeth the daughter of Sir William Candish in England by whom he had one only daughter yet living named Arabella another competitor of the Crown of England by the House of York and thus much of the first daughter of King Henry the seventh Mary the second daughter of King Henry the seventh and younger Sister to King Henry the eighth was married first to Lewis the XII King of France by whom she had no Issue and afterward to Charles Brandon Duke of Suffolk by whom she had two daughters to wit Frances and Eleanor the Lady Frances was married first to Henry Gray Marquess of Dorset and after Duke of Suffolk beheaded by Queen Mary and by him she had three daughters to wit Jane Catharine and Mary the Lady Jane eldest of the three was married to Lord Guilford Dudly Son to John Dudly late Duke of Northumberland with whom I mean with her Husband and Father in Law she was beheaded soon after for being proclaimes Queen upon the death of King Edward the sixth the Lady Catharine second daughter married first the Lord Henry Herbert Earl of Pembroke and left by him again she dyed afterward in the Tower where she was prisoner for having had two Children by Edward Seymer Earl of Hertford without sufficient proof that she was married unto him and the two Children are yet living to wit Henry Seymer commonly called Lord Beacham and Edward Seymer his Brother The Lady Mary the third Sister though she was betrothed to Arthur Lord Gray of Wilton and married after to Martin Keyes Gentleman-Porter yet hath she left no Issue as far as I understand This then is the end of the Issue of Lady Frances first of the two daughters of Queen Mary of France by Charles Brandon Duke of Suffolk for albeit the said Lady Frances after the beheading of the said Henry Lord Gray Duke of Suffolk her first Husband married again one Adrian Stokes her Servant and had a Son by him yet it lived not but dyed very soon after Now then to speak of the younger daughter of the said French Queen and Duke named Eleanor she was married to Henry Clifford Earl of Cumberland who had by her a daughter named Margaret that was married to Lord Henry Stanley Earl of Darby by whom she hath a plentiful Issue as Ferdinand now Earl of Darby William Stanley Francis Stanley and others and this is all that needeth to be spoken of these descents of our English Kings Princes Peers or Competitors to the Crown for this place and therefore now it resteth only that we begin to examine what different pretentions are fram'd by divers Parties upon these descents and Genealogies which is the principal point of this our discourse CHAP. IV. Of the great and general controversie and contention between the two Houses Royal of Lancaster and York and which of them may seem to have had the better Right to the Crown by way of Succession ANd first of all before I do descend to treat in particular of the different pretences of several persons and families that have issued out of these two Royal lineages of Lancaster and York it shall perhaps not be amiss to discuss with some attention what is or hath or may be said on both sides for the general controversie that lyeth between them yet undecided in many mens opinions notwithstanding there hath been so much stir about the same and not only writing and disputing but also fighting and murthering for many years And truly if we look into divers Histories Records and Authors which have written of this matter we shall find that every one of them speaking commonly according to the time wherein they lived for that all such as wrote in the time of the three Henries fourth fifth and sixth Kings of the House of Lancaster they make the title of Lancaster very clear and undoubted but such others as wrote since that time while the House of York hath held the Scepter they have spoken in a far different manner as namely Polydor that wrote in King Henry the VIII his time and others that have followed him since to take all right from the House of Lancaster and give the same to the House of York wherefore the best way I suppose will be not so much to consider
Richard had still great jealousie of his Uncle the Duke of Lancaster and of his off-spring considering how doubtful the question was among the Wise and Learned of those days For more declaration whereof I think it not amiss to alledge the very words of the foresaid Chronicler with the examples by him recited thus then he writeth About this time saith he there did arise a great and doubtful question in the World whether Uncles or Nephews that is to say the younger Brother or else the Children of the elder should Succeed unto Realms and Kingdoms which controversie put all Christianity into great broils and troubles for first Charles the second King of Naplis begat of Mary his Wife Queen and Heir of Hungary divers Children but namely three Sons Mar●el Robert and Philip Martel dying before his Father left a Son named Charles which in his Grand-mothers right was King also of Hungary but about the Kingdom of Naples the question was when King Charles was dead who should Succeed him either Charles his Nephew King of Hungary or Robert his second Son but Robert was preferred and Reigned in Naples and enjoyed the Earldom of Provence in France also for the space of 33. years with great renown of Valor and Wisdom And this is own example that Girard recounteth which example is reported by the famous Lawyer Bartholus in his Commentaries touching the Succession of the Kingdom of Cicilia and he saith that this Succession of the Uncle before the Nephew was averred also for rightful by the Learned of that time and confirmed for just by the judicial sentence of Pope Boniface and that for the reasons which afterward shall be shewed when we shall treat of this question more in particular Another example also reporteth Girard which ensued immediately after in the same place for that the foresaid King Robert having a Son named Charles which died before him he left a daughter and Heir named Joan Neece unto King Robert which Joan was married to Andrew the younger Son of the foresaid Charles King of Hungary but King Robert being dead there stept up one Lewis Prince of Tarranto a place of the same Kingdom of Naples who was Son to Philip before mentioned younger Brother to King Robert which Lewis pretending his right to be better then that of Joan for that he was a man and one degree nearer to King Charles his Grand-father then Joan was for that he was Nephew and she Neece once removed he prevailed in like manner and thus far Girard Historiographer of France And no doubt but if we consider examples that fell out even in this very age only concerning this controversie between the Uncle and Nephew we shall find store of them for in Spain not long before this time to wit in the year of Christ 1276. was that great and famous determination made by Don Alonso the wise eleventh King of that name and of all his Realm and Nobility in their Courts or Parliament of Segovia mentioned before by the Civilian wherein they dis●inherited the Children of the Prince Don Alonso de la Cerda that died as our Prince Edward did before his Father and made Heir apparent Don Sancho Bravo younger Brother to the said Don Alonso and Uncle to his Children the two young Cerda's Which sentence standeth even unto this day and King Philip enjoyed the Crown of Spain thereby and the Dukes of Medina Celi and their race that are descendents of the said two Cerda's which were put back are Subjects by that sentence and not Soveraigns as all the World knoweth The like controversie fell out but very little after to wit in the time of King Edward the third in France though not about the Kingdom but about the Earldom of Artoys but yet it was decided by a solemn sentence of two Kings of France and of the whole Parliament of Paris in favour of the Aunt against her Nephew which albeit it cost great troubles yet was it defended and King Philip of Spain holdeth the County of Artoys by it at this day Polydor reporteth the story in this manner Robert Earl of Artoys a man famous for his Chivalry had two Children Philip a Son and Maude a daughter this Maude was married to Otho Earl of Burgundy and Philip dying before his Father left a Son named Robert the second whose Father Robert the first being dead the question was who should Su●●eed either Maude the daughter or Robert the Nephew and the matter being remitted unto Philip le Bel King of France as chief Lord at that time of that State he adjudged it to Maude as to the next in bloud but when Robert repined at this sentence the matter was referred to the Parliament of Paris which confirmed the sentence of King Philip whereupon Robert making his way with Philip de Valoys that soon after came to be King of France he assisted the said Philip earnestly to bring him to the Crown against King Edward of England that opposed himself thereunto and by this hoped that King Philip would have revoked the same sentence but he being once established in the Crown answered that a sentence of such importance and so maturely given could not be revoked Whereupon the said Robert fled to the King of Englands part against France Thus far Polydor. The very like sentence recounteth the same Author to have been given in England at the same time and in the same controversie of the Uncle against the Nephew for the Succession to the Dukedom of Britany as before I have related wherein John Breno Earl of Monford was preferred before the daughter and Heir of his elder Brother Guy though he were but of the half bloud to the last Duke and she of the whole For that John the third Duke of Britany had two Brothers first Guy of the whole bloud by Father and Mother and then John Breno his younger Brother by the Fathers side only Guy dying left a daughter and Heir named Jane married to the Earl of Bloys Nephew to the King of France who after the death of Duke John pretended in the right of his Wife as daughter and Heir to Guy the elder Brother but King Edward the third with the State of England gave sentence for John Breno Earl of Monford her Uncle as for him that was next in consanguinity to the dead Duke and with their Arms the State of England did put him in possession who slew the Earl of Bloys as before hath been declared and thereby got possession of that Realm and held it ever after and so do his Heirs at this day And not long before this again the like resolution prevailed in Scotland between the House of Balliol and Bruse who were competitors to that Crown by this occasion that now I will declare William King of Scots had Issue two Sons Alexander that Succeeded in the Crown and David Earl of Huntington Alexander had Issue another Alexander and a daughter
in the House of York these men endeavour to shew all the contrary to wit that there was nothing else but suspition hatred and emulations among themselves and extreme cruelty of one against the other and so we see that as soon almost as Edward Duke of York came to be King George Duke of Clarence his younger Brother conspired against him and did help to drive him out again both from the Realm and Crown In recompence whereof his said elder Brother afterward notwithstanding all the reconciliation and many others that passed between them of new love and union caused him upon new grudges to be taken and murthered privily at Calis as all the World knoweth And after both their deaths Richard their third Brother murthered the two Sons of his said elder Brother and kept in prison whiles he lived the Son and H●ir of his second Brother I mean the young Earl of Warwick though he were but a very Child whom King Henry the seventh afterward put to death But King Henry the eighth that succeeded them passed all the rest in cruelty toward his own kindred for he weeded out almost all that ever he could find of the Bloud Royal of York and this either for emulation or causes of meer suspicion only For first of all he beheaded Edmond de la Pole Duke of Suffolk Son of his own Aunt Lady Elizabeth that was Sister to King Edward the fourth which Edward was Grandfather to King Henry as is evident The like destruction King Henry went about to bring to Richard de la Pole Brother to the said Edmond if he had not escaped his hands by flying the Realm whom yet he never ceased to pursue until he was slain in the battel of Pavia in service of the King of France by whose death was extinguished the noble house of the de la Poles Again the said King Henry put to death Edward Duke of Buckingham high Constable of England the Son of his great Aunt Sister to the Queen Elizabeth his Grandmother and thereby overthrew also that worthy House of Buckingham and after again he put to death his Cousen-jerman Henry C●urt●●y Marquess of Excester Son of the Lady Catherine his Aunt that was Daughter of King Edward the fourth and attained joyntly with him his Wife the Lady Gertrude taking from her all her goods lands and inheritance and committed to perpetual prison their only Son and Heir Lord Edward Courtney being then but a Child of seven years old which remained so there until many years after he was set at liberty and restored to his living by Queen Mary Moreover he put to death the Lady Margaret Plantagenet Countess of Salisbury Daughter of George Duke of Clarence that was Brother of his Grandfather King Edward the fourth and with her he put to death also her eldest Son and Heir Thomas Poole Lord Montague and committed to perpetual prison where soon after also he ended his life a little Infant named Henry Poole his Son and Heir and condemned to death by act of Parliament although absent Renald Poole Brother to the said Lord Montague Cardinal in Rome whereby he overthrew also the Noble House of Salisbury and Warwick neither need I to go further in this relation though these men do note also how Edward the sixth put to death two of his own Uncles the Seymers or at least it was done by his authority and how that under her Majesty that now is the Queen of Scotland that was next in kin of any other living and the chief titler of the House of York hath been put to death Lastly they do note and I may not omit it that there is no noble house standing at this day in England in the antient state of calling that it had and in that dignity and degree that it was in when the House of York entered to the Crown if it be above the State of a Barony but only such as defended the right and interest of the Houses of Lancaster and that all other great Houses that took part with the House of York and did help to ruine the House of Lancaster are either ceased since or exti●pated and overthrown by the same House of York it self which they assisted to get the Crown and so at this present they are either united to the Crown by confiscation or transferred to other lineages that are strangers to them who possessed them before As for example the ancient Houses of England that remain at this day and were standing when the House of York began their title are the House of Arundel Oxford Northumberland Westmerland and Shrewsbury for all others that are in England at this day above the dignity of Barons have been advanced since that time and all these five houses were these that principally did stick unto the House of Lancaster as is evident by all English Chronicles For that the Earl of Arundel brought in King Henry the fourth first King of the House of Lancaster and did help to place him in the Dignity-Royal coming out of France with him The Earl of Oxford and his Son the Lord Vere were so earnest in the defence of King Henry the sixth as they were both slain by King Edward the fourth and John Earl of Oxford was one of the principal assistants of Henry the seventh to take the Crown from Richard the third The House of Northumberland also was a principal aider to Henry the fourth in getting the Crown and two Earls of that name to wit Henry the second and third were slain in the quarrel of King Henry the sixth one in the battel of St. Albans and the other of Saxton and a third Earl named Henry the fourth fled into Scotland with the said King Henry the sixth The House of Westmerland also was chief advancer of Henry the fourth to the Crown and the second Earl of that House was slain in the party of Henry the sixth in the said battel of Saxton and John Earl of Shrewsbury was likewise slain in defence of the title of Lancaster in the battel of N●rthampton And I omit many other great services and faithful endeavoure which many Princes of these five noble ancient houses did in the defence of the Lancastrian Kings which these men say that God hath rewarded wi●● continuance of their houses unto this day But on the contrary side these men do note that all the old houses that principally assisted The title of York are now extinguished and that chiefly by the Kings themselves of that house as for example the principal Peers that assisted the family of York were M●●●ray Duke of Norfolk de la Poole Duke of Suffolk the Earl of Sa●is●u●y and the Earl of Warwi●k of all which the event was this John Moubray Duke of N●rfolk the first considerate of the House of York died soon after the exaltation of Edward the fourth without Issue and so that name
affirm by the Causes and Arguments before-alledged against him no reason say they but that this Lady should enter into his place as next in Bloud unto him Secondly it is alledged in her behalf That she is an English woman born in England and of Parents who at the time of her Birth were of English Allegiance wherein she goeth before the King of Scots as hath been seen as also in this other principal point that by her admission no such inconvenience can be feared of bringing in strangers or causing Troubles or Sedition within the Realm as in the pretence of the Scottish King hath been considered And this in effect is all that I have heard alledged for her But against her by other Competitors and their Friends I have heard divers Arguments of no small Importance and Consideration produced whereof the first is that which before hath been alledged against the King of Scotland to wit that neither of them is properly of the House of Lancaster as in the Genealogy set down in the third Chapter hath appeared And secondly That the title of Lancaster is before the pretence of York as hath been proved in the fourth Chapter whereof is inferred that neither the King of Scots nor Arabella is next in Succession And for that of these two propositions there hath been much treated before I remit me thereunto only promising That of the first of the two which is how King Henry VII was of the House of Lancaster touching Right of Succession I shall handle more particularly afterward when I come to speak of the House of Portugal whereby also shall appear plainly what pretence of Succession to the Crown or ●utchy of Lancaster the Descendents of the said King Henry can justly make The second Impediment against the Lady Arabella is the aforesaid Testament of King Henry VIII and the two Acts of Parliament for authorising of the same by all which is pretended that the House of Suffolk is preferred before this other of Scotland A third Argument is For that there is yet living one of the House of Suffolk that is nearer by a degree to the Stem to wit Henry VII to whom after the decease of Her Majesty that now is we must return than is the Lady Arabella or the King of Scots and that is the Lady Margaret Countess of Darby Mother to the present Earl of Darby who was Daughter to Lady Eleanor Daughter of Queen Mary of France that was second Daughter of King Henry VII so as this Lady Margaret Countess of Darby is but in the third degree from the said Henry whereas both the King of Scotland and Arabella in the fourth and consequently she is next in propinquity of Bloud and how greatly this propinqui●y hath been favoured in such cases though they were of the younger Line the Examples before-alledged in the fourth Chapter do make manifest Fourthly and lastly and most strongly of all they do argue against the title of this Lady Arabella affirming that the descent is not free from bastardy which they prove first for that Queen Margaret soon after the death of her first Husband and King James the IV. married secretly one Stuart Lord of Annerdale which Stuart was alive long after her marriage with Douglas and consequently this second marriage with Douglas Stuart being alive could not be lawful which they do prove also by another name for that they say it is most certain and to be made evident that the said Archibald Douglas Earl of Anguis had another Wife also alive when he married the said Queen which points they say were so publick as they came to King Henry's ears whereupon he sent into Scotland the Lord William Howard Brother to the old Duke of Norfolk and Father to the present Lord Admiral of England to enquire of these points and the said Lord Howard found them to be true and so he reported not only to the King but also afterwards many times to others and namely to Queen Mary to whom he was Lord Chamberlain and to divers others of whom many be yet living which can and will testifie the same upon the relation they heard from the said Lord William's own mouth whereupon King Henry was greatly offended and would have hindred the Marriage between his said Sister and Douglas but that they were married in secrret and had consumated their Marriage before this was known or that the thing could be prevented which is thought was one especial cause and motive also to the King afterward to put back the Issue of his said Sister of Scotland as by his forenamed Testament is pretended and this touching Arabella's title by propinquity of Birth But besides this the same men do alledge divers reasons also of inconvenience in respect of the Commonwealth for which in their opinions it should be hurtful to the Realm to admit this Lady Arabella for Queen As first of all for that she is a Woman who ought not to be preferred before so many men as at this time stand for the Crown And that it were much to have three Women to Reign in England one after the other whereas in the space of above a thousand years before them there hath not reigned so many of that Sex neither together nor asunder for that from Cordick first King of the West Saxons unto Egbert the first Monarch of the English Name and Nation containing the space of more then 300 years no one Woman at all is found to have Reigned and from Egbert to the Conquest which is almost other 300 years the like is to be observed and from the Conquest downwards which is above 500 years one only Woman was admitted for Inheritrix which was Maud the Empress Daughter of King Henry I. who yet after her ●athers death was put back and King Stephen was admitted in her place and she never received by the Realm until her Son Henry II. was of age to govern himself and then he was received with express condition That he should be Crowned and govern by himself and not his Mother which very condition was put also by the Spaniards not long after at their admitting of the Lady Berenguela younger Sister of Lady Blanch Neece to King Henry II. whereof before often mention hath been made to wit the Condition was That her Son Ferdinando should govern and not she though his title came by her so as this Circumstance of being a Woman hath ever been of much consideration especially where men do pretend also as in our Case they do Another Consideration of these men is that if this Lady should be advanced unto the Crown though she be of Noble Bloud by her Fathers side yet in respect of Alliance with the Nobility of England she is a meer stranger for that her Kindred is only in Scotland and in England she hath only the Candishes by her Mothers side who being but a mean Family might cause much grudging among the
before hath been declared and preferreth it self in degree of Propinquity not only before the aforesaid two Houses of Scotland and Clarence but also before this other part of the House of Suffolk I mean the Family of Hartford though descended of the elder Daughter for that the Countess of Darby doth hold her self one degree nearer in descent than are the other Pretenders of Hartford as hath been shewed And albeit there want not many Objections and Reasons of some against this pretence of the House of Darby besides that which I have touched before yet for that they are for the most part personal Impediments and do not touch the right or substance of the title or any other important reason of State concerning the Common-wealth but only the mislike of the persons that pretend and of their Life and Government I shall omit them in this place for that as in the beginning I promised so I shall observe as much as in me lies to utter nothing in this Conference of ours that may justly offend and much less touch the Honour and Reputation of any one Person of the Bloud-Royal of our Realm when the time of admitting or excluding cometh then will the Realm consider as well of their Persons as of their Rights and will see what account and satisfaction each person hath given of his former life and doings and according to that will proceed as is to be supposed But to me in this place it shall be enough to treat of the first point which is of the Right and Interest pretended by way of Succession And so with this I shall make an end of these Families and pass over to others that do yet remain CHAP. VII Of the Houses of Clarence and Britany which contain the ●laims of the Earl of Huntington with the Pooles as also of the Lady Infanta of Spain and others of those Families HAving declared the Claims Rights and Pretences which the two Noble Houses of Scotland and Suffolk descended of the two Daughters of King Henry VII have or may have to the Succession of England with intention afterward to handle the House of Portugal apart which pretendeth to comprehend in it self the whole Body or at l●ast the first and principal Branch of the ancient House of Lancaster it shall not be amiss perhaps by the way to treat in this one Chapter so much as appertaineth to the two several Houses of Clarence and Britany for that there is less to be said about them then of the other And first of all I am of opinion that the Earl of Huntington and such other pretenders as are of the House of York alone before the Conjunction of both Houses by King Henry VII may be named to be of the House of Clarence and so for distinction sake I do name them not to confound them with the Houses of Scotland and Suffolk which are term●d also by the Lancastrians to be of the House of York alone for that they deny them to be of the true House of Lancaster but principally I do name them to be of the House of Clarence for that indeed all their Claim and Title to the Crown doth des●end from George Duke of Clarence as before in the third Chapter and elsewhere hath been declared which Duke George being Brother to King Edward IV. and put to death by his order left Issue Edward Earl of Warwick and of Salisbury who was put to death by King Henry VII in his youth and Margaret Countess of Salisbury which Margaret had Issue by Sir Richard Poole Henry Poole Lord Montague afterwards beheaded and he again Katharine married to Sir Francis Hastings Earl of Huntington by whom she had Sir Henry Hastings now Earl of Huntington Sir George Hastings his Brother yet living and others So as the Earl of Huntington with his said Brethren are in the fourth degree from the said George Duke of Clarence to wit his Nephews twice removed The said Margaret Countess of Salisbury had a younger Son also named Sir Geffrey Poole who had Issue another Geffrey and this Geffrey hath two Sons alive at this day in Italy named Arthur and Geffrey who are in the same degree of distance with the said Earl of Huntington saving that some alledge for them that they do descend all by male-kind from Margaret and the Earl pretendeth by a Woman whereof we shall speak afterwards Hereby then it is made manifest how the Earl of Huntington cometh to pretend to the Crown of England by the House of York only which is no other indeed but by the debarring and disabling of all other former Pretenders not only of Portugal and of Britany as strangers but also of the Houses of Scotland and Suffolk that hold likewise of the House of York and for the Reasons and Arguments which in the former two Chapters I have set down in particular against every one of them and shall hereafter also again those that remain which Arguments and Objections or any of them if they should not be found sufficient to exclude the said other Houses then is the Claim of this House of Huntington thereby made void for that it is as we see by the younger Child of the House of York that is to say by the second Brother So as if either the pretence of Lancaster in general be better than that of Yo●k or if in the House of York it self any of the forenamed Pretenders descended from King Edward IV. as of the elder Brother may hold or take place then holdeth not this title of Clarence for that as I have said it coming from the younger Brother must needs be grounded only or principally upon the barring and excluding of the rest that joyntly do pretend Of which Bars and Exclusions laid by this House of Clarence against the rest for that I have spoken sufficiently in the last two Chapters going before for so much as toucheth the two Houses of Scotland and Suffolk and shall do afterwards about the other two of Britany and Portugal I mean in this place to omit to say any more therein and only to consider what the other Competitors do alledge against this House of Clarence and especially against the pretence of the Earl of Huntington as chief Titler thereof for to the excluding of him do concur not only those other of opposite Houses but also the Pooles of his own House as now we shall see First th●n the contrary Houses do alledge generally against all this House of Clarence that seeing their Claim is founded only upon the Right of the Daughter of George Duke of Clarence second Brother to King Edward IV. evident it is that so long as any lawful Issue remaineth of any elder Daughter of the said King Edward the elder Brother as they say much doth and cannot be denied no Claim or Pretence of the younger Brothers Daughter can be admitted And so by standing upon this and answering to the Objections alledged before against the
elder Houses they hold this matter for very clear and all pretence of this House of Clarence utterly excluded Secondly the same opposite Houses do alledge divers Attainders against the principal Heads of the House of Clarence whereby their whole Interests were cut off as namely it is to be shewed in three descents one after another to wit in Duke George himself the first Head and Beginner of this House who was Attainted and Executed and then in the Lady Margaret Countess of Salisbury his Daughter and Heir who was likewise Attainted and Executed And thirdly in her Son and Heir Henry Poole Lord Montague put also to death from whose Daughters both the Earl of Huntington and his Brethren together with the Children of Sir Thomas Barrington do descend And albeit some may say that the said House of Clarence hath been restored in Bloud since those Attainders yet reply these men That except it can be shewed that particular mention was made of reabilitating the same to this pretence of Succession to the Crown it will not be sufficient as in like manner they affirm That the same restoring in Bloud if any such were hath not been sufficient to recover the ancient Lands and Titles of Honour which this House of Clarence had before these Attainders for that they were forfeited thereby to the Crown And so say these men was there forfeited thereby in like manner unto the next in Bloud not Attainted this Prerogative of succeeding to the Crown and cannot be restored again by any general Restauration in Bloud except special mention be made thereof even as we see that many Houses Attainted are restored daily in Bloud without restorement of their Titles and Dignities and a present Example we have in the Earl of Arundel restored in Bloud but not to the Title of Duke of Norfolk And this say the opposite Houses against this House of Clarence But now thirdly entreth in also against the Earl of Huntington the opposition of some of his own House which is of the Issue of Sir Geffrey Poole Brother to his Grand-father who say That when the Lord Henry Montague was put to death with his Mother the Countess of Salisbury and thereby both their Pretences and Titles cut off in them then fell such right as they had or might have upon the said Sir Geffrey Poole and not upon his Neece the Lady Katharaine Daughter of the Lord Henry his elder Brother and Mother of the Earl of Huntington and this for three Causes First for that he was not Attainted and so whether we respect his Grand-father George Duke of Clarence or his Great-grand-father Richard Duke of York the said Right in this respect is descended to him And secondly for that he was a degree nearer to the said Duke's Ancestors than was at that time his Neece Katharine which right of nearest Propinquity say these men is made good and lawful by all the Reasons Examples Presidents and Authorities alledged before in the fourth Chapter of this Conference in favour of Uncles before their Nephews And it shall not need that we speak any thing more of that matter in this place but only to remit your remembrance to that which herein hath been said before Fourthly they prove the same in favour of Sir Geffrey for that the Lady Katharine was a Woman and Sir Geffrey a man whose priviledge is so great in a matter of Succession as also hath been touched before that albeit they had been in equal degree and that Sir Geffrey were not a degree before her as he was yet seeing neither of them nor their Fathers were ever in possession of the thing pretended Sir Geffrey should be preferred as hath been shewed before by some Presidents and shall be seen afterwards in the Case of Portugal wherein the King of Spain that now is was preferred to the Crown for that only respect that his Competitors were Women and in equal degree of descent with him and he a Man And the very like Allegations of Propinquity I heard produced for the Lady Winifred Wife of Sir Thomas Barrington if she be yet alive to wit that she is before the Earl of Huntington and his Brethren by this reason of Propinquity in Bloud for that she is one degree nearer to the stock than they Fifthly and lastly both these and other Competitors do alledge against the Earl of Huntington as an important and sufficient bar against his pretence the quality of his Religion which is as they say that he hath been ever known to favour those who commonly in England are called Puritans and not favoured by the State but yet this stop is alledged diversly by Competitors of divers Religions For that such as are followers and favourers of the form of Religion received and defended by publick Authority of England at this day whom for distinction-sake men are wont to call by the name of moderate Protestants these I say do urge this Exclusion against the Earl of Huntington not upon any certain Law or Statute extant against the same but ab equo bono as men are wont to say and by reason of State shewing infinite inconveniencies hurts damages and dangers that must needs ensue not only to the present State of Religion in England but also to the whole Realm and Body-politick if such a man shall be admitted to govern And this Consideration of State in their opinion is a more forceable Argument for Excluding such a man then any Statute or particular Law against him could be for that this comprehendeth the very intention meaning and drift of all Laws and Law-makers of our Realm whose intentions must needs be presumed to have been at all times to have Excluded so great and manifest inconveniencies And thus they say But now those that are of the Roman Religion and contrary both to Puritan and Protestant do urge a great deal further this Argument against the Earl and do alledge many Laws Ordinances Decrees and Statutes both of the Canon and Imperial Laws as also out of the old Laws of England which in their opinion do debar all that are not of their Religion and consequently they would hereby Exclude both the one and the other Pretenders And in fine they do conclude that seeing there wanteth not also some of their own Religion called by them the Catholick in the House of Clarence they have so much the less difficulty to exclude the Earl of Huntington's person for his Religion if one of that House were to be admitted of necessity And this is so much as seemeth needful to be spoken at this time and in this place of this House of Clarence and of the Pretenders thereof It resteth then that I treat something also of the House of Britany and France which two Houses are joyned all in one for so much as may appertain to any Inheritance or Pretence to England or to any parcel or particular state thereof at home or abroad that may follow the
John that was King after his Father by the Name of John the third Secondly the Lady Isabel Married to the Emperor Charles the fifth and Mother to King Philip of Spain that now liveth Thirdly Lady Beatrix Married to Charles Duke of Savoy and Mother to Duke Philibert the last Duke that Died and Grand-mother to this that now Liveth Fourthly Lord Lewis Father to Don Antonio that now is in England Fifthly Lord Henry that was Cardinal and Archbishop of Ebora and in the end King of Portugal And sixthly Lord Edward that was Father of the two Dutchesses of Parma and Bragansa to wit of the Lady Mary and Lady Catharine both which left goodly Issue for that Lady Mary hath left by the last Duke of Parma Lord Ranutius that is now Duke of Parma and Lord Edward that is Cardinal And the Lady Catharine Dutchess of Bragansa that yet liveth hath Issue divers goodly Princes as the Lord Theodosius that is now Duke of Bragansa and three younger Brothers to wit Edward Alexander and Philip young Princes of great expectation and these are the Children of King Emmanuel whose particular Successions and Issues I shall declare somewhat more in particular Prince John of Portugal afterward King by name of King John the Third had Issue another John that was Prince of Portugal but died before his Father and left a Son Named Sebastian who was King and slain afterward by the Moors in Barbary and so ended this first Line The second Son and fourth Child of King Emmanuel was Named Lord Lewis and died also without Issue Legitimate as is supposed for that Don Antonio his Son that afterward was proclaimed King by the People of Lisbone and now liveth in England was taken by all men to be unlawful as presently more at large shall be shewed so as after the Death of King Sebastian there entred the Cardinal Lord Henry which was third Son of King Emmanuel and Great-Uncle to Sabastian lately Desceased for that he was Brother to King John the third that was Grand Father to King Sebastian And albeit there wanted not some according as the Authors Write which afterward I shall Name who affirmed and held that King Philip of Spain should have succeeded King Sebastian before the Cardinal for that he was nearer in Consanguinity to him than was the Cardinal for that besides that King Philip was Son of King Emmanu●ls Eldest Daughter he was Brother also to King Sebastians Mother yet the said Cardinal entred peaceably and by consent of all parties but for that he was Old and Unmarried and not like to leave any Child of his own there began presently the Contention in his days who should be his Successor To which Succession did pretend five Princes of the Blood-Royal of Portugal besides the Lady Catharine Queen-Mothers of France who pretended by her Mothers side to be Descended of one Lord Ralph Earl of Bullain in Piccardy which Ralph was Eldest Son of Alfonsus the third King of Portugal which Alfonsus before he was King to wit in the time of his Eldest Brother King Sanches of Portugal was Married to the Countess and Heir of Bullain Named Mathildis and had by her this Ralph But afterwards this Alfonsus coming to be King of Portugal he Married again with the King of Castile's Daughter and had by her a Son called Denyse who reigned after him and his Successors unto this day all which Succession of King Denyse and his Posterity the said Queen Mother would have improved and shewed that it appertained unto her by the said Raphe and for this cause sent she to Portugal one Lord Vrban Bishop of Comince in Gascony to plead her Cause which Cause of hers was quickly rejected and only the aforesaid five Princes Descended of King Emmanuel's Children were admitted to the Tryal for the same which were Don Antonio Son of Lord Lewis the King Cardinals Elder Brother and King Philip of Spain Son of Lady Elizabeth the Eldest Sister of the said Cardinal and Philibert Duke of Savoy Son of the Lady Beatrix the same Cardinals Younger Sister and the two Dutchesses of Parma and Bragansa named Mary and Catharine Daughters of Lord Edward Younger Brother of the said Cardinal and Youngest Child of the said King Emmanuel And for that the Lady Mary Dutchess of Parma which was the Elder of the two Daughters was Dead before this Controversy fell out her Eldest Son Lord Ranutio now Duke of Parma pretended by her Right to the said Crown And for that this matter was of so great Importance every party procured to lay down their Reasons and declared their Rights in the best manner they could and such as could not be present themselves in Portugal sent thither their Agents Embassadors and Attorneys to plead their Cause for them Don Antonio and the Dutchess of Bragansa as Inhabitants of that Kingdom were present and declared their pretences Namely Don Antonio by himself and for himself and the Lady Mary of Bragansa by her Husband the Duke and his Learned Councel The Prince of Parma sent thither for his part one Ferdinando Farneso Bishop of Parma The Duke of ●avoy se●t Charles of Rovere afterward made Cardinal The King of Spain as the greatest pretender sent the Lord Peter Gyron Duke of Osuna afterward Viceroy of Naples and Sir Christopher de Mora Knight of his Chamber at that time but since of his Privy-Council and lately made Earl of Castil Rodrigo in Portugal of which Country he is a Native and besides these two a great Lawyer Named Roderigo Vasques made since as I hear say Lord President of Castil which is as much almost as Lord Chancellor with us All these did lay forth before the King Cardinal their several Reasons and Pretensions to the Succession of the Crown of Portugal for the five persons before-mentioned whereof two were quickly excluded to wit the Duke of Savoy for that his Mother was Younger Sister to King Philip's Mother and himself also of less Age then the said King And secondly Don Antonio was also excluded by publick and Judicial Sentence of the King Cardinal his Uncle as Illegitimate and Born out of lawful Wedlock And Albeit Don Antonio denyed the same and went about to prove himself Legitimate affirming that his Father the Lord Lewis before his Death had Married with his Mother in secret and for this brought forth some Witnesses as Namely his Mothers Sister with her Husband and two others Yet the King Cardinal affirmed that upon Examination he had found them Suborned which he said was evident to him partly for that they agreed not in their Speeches and partly for that some of them had Confessed the same to wit that they were Suborned whom he cast into Prison and caused them to be punished And so sitting in Judgment accompanied with four Bishops and four Lawyers whom he had called to assist him in this Cause he pronounced the same Don Antonio to be a Bastard for
made reply by their President and Chancellor and other of their own Councellors residing for the Flemish Nation in the Court of Spain for this Nation hath always a particular Councel there about the King as all other Foreign Nations also have that are under him and by this means they obtained lightly what they would and brought the Governour to what they pleased so as in effect they were absolute Kings in themselves and wrought their Wills in every thing and this is in that time while the Country was quiet But now since this Revolt which hath indured almost these four or five and twenty years what hath succeeded surely there hath not a quarter so many been punished or put to Death in all these years by order of Justice of their King absent as before I have shewed that there were in one day by ther own Earls and Dukes when they were present and that upon far less occasion and cause given then are these for if we take away the two Noblemen Egmond and Horne put to Death at the beginning of these Flem●sh Troubles by the Duke of Alva for which some men say also that he had no thanks afterward by the King no man of importance hath been since Executed and the chiefest Towns that have been and are against the King in Holland and Zeeland are suffered until this day to Traffique freely into Spain it self to wit in the Kingdom of Aragon many Heads have been strucken off and much injustice done whereof then riseth this difference no doubt for that the Flemmings are Strangers and far off and the other near at Home and Natural-Born so as this circumstance of being a Stranger and dwelling far off doth them great pleasure and giveth them priviledge above the Home-born Subjects The like I might shew for this matter of punishment in the foresaid States of Italy where if a man do compare the number of them that were put to Death pulled Down or Afflicted by order of Justice or otherwise at the the commandment of the Prince in time of their own Home-born Kings with that which hath been since especially of the Nobility you shall find one for twenty and the reason of this is for that their own Kings were Absolute and had to give an account to no man of their doings and for that they were men and had their Passions and Emulations with the Nobility and might put the same in Execution without Account or Controlment they pulled down and set up at their pleasure and made oftentimes but a Jest of Noblemens Lives and Deaths but now these that are Governours and Vice-roys for a Foreign Prince first they have not so great Authority or Commission as to touch any such Principal persons Lives without giving Relation thereof of first unto their King and Councel and receive again particular order for the same and then they knowing that after their three years Government is ended they must be private men again and stay their fourty days as Subjects under the next new Governour to give Reckoning of their doings against all that shall Accuse them which in these Countries they call to make their residence they take heed what they do and whom they offend so as the condition of Nobility is far different under such a strange Government as this is termed then under a Natural Prince of their own Country which oppresseth them at his pleasure But now to draw near homeward if we will examine and consider what hath passed in England in this point of Massacring our Nobility by our Domestical Princes it is a matter lamentable for it may seem that they have served oftentimes for our Princes to make disport and play with their Heads And to let pass all those which in time of Wars Rebellions and Commotions have been cut off which occasions may seem more justifyable I do read also in our Chronicles that a Sangue freddo as the Italian saith that is to say in time of Peace and by Execution of Justice at the Princes appointment these Noblemen following and Knights by Name were put to Death within the space of one five years in King Henry the fourth his days The Duke of Exeter the Duke of Surry the Archbishop of York the Earls Salisbury of Glocester of Worcester and of Huntington the Earl Mowbray Earl Marshal the Barron of Kinderton Sir Roger Clarington Bastard Son of Edward the Black Prince Sir Thomas Blunt Sir Bernard Rocas Sir Richard Vernon And again soon after under King Edward the fourth in almost within as little space the Dukes of Somorset and of Exeter the Earls of Devonshire of Oxford and of Keyns the Lord Ross the Lord Molyns Sir Thomas Tudingham Sir Philip Wentworth Sir Thomas Fyndam and many others afterwards for this was but at the beginning of his Reign which number of Nobility if a man should have seen them alive together with their Trains before they had been put down he would have said they had been a very goodly company and pityful that so many of our own Nobility should be brought by our own Princes to such Confusion But yet this matter may seem perhaps the less marvellous and more excusable under those two Kings for that Troubles and Contentions had passed a little before in the Realm about the Succession and herupon so many of the Nobility might be cut off But let us see then what ensued afterwards when things were established and all doubt of contention about the Succession taken away as in King Henry VIII the his days it was and yet do I find Registred in our Chronicles these persons following either made away cut off or put down by the said King to wit two Queens Ann and Catharine three Cardinals put down and disgraced Woolsey Pool and Fisher whereof the last was Beheaded soon after his Dignity given him in Rome and the first was Arrested the second Attainted of imagined Treasons three Dukes put down to wit the Noble Dukes of Buckingham Suffolk and Norfolk whereof the last lost his Lands Dignities and Liberty only the former two both Lands and Lives A Marquess with two Earls Beheaded Devonshire Kyldare and Surrey two Countesses Condemned to die Devonshire and Salisbury and the latter Executed Lords many as the Lord Darcy the Lord Hussey the Lord Montague the Lord Leonard Gray the Lord Dacers of the South the Lord Cromwel and six or seven Abbots Knights also in great number as five in one day with the Lords Hussey and Darcy and five in another day with the Earl of Kildare whose Uncles they were and besides them Sir Thomas Moor Sir Rice Griffith Sir Edward Nevel Sir John Nevel Sir Nicholas Carew Sir Adrian Fortescue and divers other Knights of great Account and then Gentlemen almost without end And all these within the space of 20 years of his Reign and in the time of peace and if we look upon but four or five years together of the Reign of this mans
day though some men think that it cannot be very certain which part of the Nobility and Council will stick unto them for that many in heart are presupposed to favour the Puritan And for the Privy Council in particular though during the Princes Life their Authority be Supream yet is it not so afterward nor have they any publick Authority at all the Prince having once expired but only as Noblemen or Gentlemen according to each mans State and Calling in several and for the next Successor seeing none is known nor sworn in the Life of this Prince nor were it her safety that any should be clear it is that after Her Majesties decease every man is free untill a one wne be established by the Commonwealth which establishment doth not depend upon the appointment or will of any few or upon any mans proclaiming of himself for divers are like to proclaim themselves but upon a general consent of the whole Body of the Realm which how it will be brought to pass God only knoweth and to him we must commend it I do not know quoth he of any certain person pretendent to whom this Protestant Party is particularly devouted at this day more than to the rest though the House of Hartford was wont to be much favoured by them but of latter years little speech hath been thereof but rather of Ara●●lla whom the Lord Treasurer is said especially to be at this present though for himself it be held somewhat doubtful whether he be more fast to the Protestant or to the Puritan but if the Protestant Party should be divided then their Forces will be the less The Authority of Her Majesty is that which at this present overbeareth all when that shall fail no man knoweth what the event will be for that now mens hearts are hardly discerned Their Foreign Friends and Allies are of good number especially if the King of France proceed well in his Affairs and do not indeed change his Religion as he pretendeth that he will but yet if the Puritan do stand against them he is like to pull much from them both in France and Holland and as for Scotland it must needs be against them both and this in respect of his own pretence except the same be favoured by them I mean by these two Factions in England which is hardly thought that any of them both will do for the reasons before alledged though some more hope may be that way of the Puritan than of the Protestant by reason of the said Kings nearness to them in Religion The Puritan is more generally favoured throughout the Realm with all those which are not of the Roman Religion than is the Protestant upon a certain general perswasion that his Profession is the more perfect especially in great Towns where Preachers have made more impression in the Artificers and Burgesses than in the Countrey People And among the Protestants themselves all those that are less interessed in Ecclesiastical Livings or other Preferments depending of the State are more affected commonly to the Puritans or easily are to be induced to pass that way for the same reason The Person most favoured by the Puritans hitherto in common voice and opinion of men hath been the Earl of Huntington some speech of late of some diminution therein and that the Lord Beacham since his Marriage hath ent●ed more in affection with them The King of Scots no doubt if he were not a stranger and had not the difficulties before mentioned were for his Religion also very plausible I do not hear that the Earl of Darby or his Mother is much forward with these or with the Protestant though of the latter sort some are supposed to wish them well The Friends and Allies of the Puritans abroad are the same that are of the Protestant to wit those of Holland and Zeeland and such Towns of France as follow the new King and jointly have changed their Religion which are not many for that his greatest Forces are yet those of the Roman Religion but yet if the said King prevail and persevere in his Religion which of late as I have said is called in doubt by his often Protestations to the contrary and open going to Mass then will he be able to give good assistance though both these Countries I mean both Holland and France are likes in some mens opinions to assist the Puritan than the Papist if the matter come in difference between them for that in truth they are more conform to the Puritan Religion And as for the German Cities that keep y●t and follow the particular form of Luther in Religion they are like to do little for either Party both for their difference from both Parties in Religion and for that they are poor for the most part and not active nor provided to give succour abroad except they be drawn thereunto by force of Money The Puritan Part at home in England is thought to be most vigorous of any other that is to say most ardent quick bold resolute and to have a great part of the best Captains and Souldiers on their side which is a point of no small moment Greatly will import among other points which way inclineth the City of London with the Tower whereof the Puritan as is said wanteth not his probability as neither doth he of some good part if not more of the Navy to be at his devotion which point perhaps at that day will be of as great consequence as any thing else And so much of him The third Body of Religion which are those of the Roman who call themselves Catholicks is the least in shew at this present by reason of the Laws and Tides of the time that run against them but yet are they of no small consideration in this Affair to him that weigheth things indifferently and this in respect as well of their Party at home as of their Friends abroad for at home they being of two sorts as the World knoweth the one more open that discovers which are the Recusants and the other more close and privy that accommodate themselves to all external proceedings of the Time and State so as they cannot be known or at least wise not much touched We may imagine that their number is not small throughout the Realm and this party for the reason I mentioned before in that the most part of the Countr●y-People that live out of Cities and great Towns in which the greatest part of English Forces are want to consist are much affected ordinarily to their Religion by reason that Preachers of the contrary Religion are not so frequent with them as in Towns and partly also for that with these kind of men as with them that are most afflicted and held down at this time by the present State many others do joyn a● the manner i● omnes qui amaro anim● s●nt cum il●s se conjungunt as the Scripture said
of these that followed David's Retinue pursued by S●ul and his Forces which is to ●ay that all that be ●ffended grieved or any way discontented with the present time be they of what Religion soever do easily joyn with these men according to the old saying S●latium est miseris socios habere miseriae besides that there is ever lightly a certain natural compassi●n that followeth in men towards those that are thought to suffer or be pursued and this oftentimes in the very enemy himself and then of compassion springeth as you know affection and of affection desire to help as contrariwise do rise commonly the contrary effects to wit emulation envy and indignation against the prosperity of him that pursueth and is in prosperity And for that in so great and populous a Realm and large a Government as this of Her Majesty hath been there cannot want to be many of these kind of discontented men as also for that naturally many are desirous of Changes it cannot be supposed but that the number of this sort is great which maketh this Party far the bigger Moreover it is Noted that the much dealing with these men or rather against them and this especially in matters of their Religion for these latter Years pa●● hath much starred them up as also the like is to be noted in the Puritan and made them ●ar more ●●ger in defence of their Cause according to to the saying Nitimur in vetitum semper and as a little brook or river though it be but shallow and run never so quiet of it self yet if many barres and stops be made therein it swelleth and riseth to a greater force even so it seemeth that it hath happened here where also the sight and remembrance of so many of their Seminary Priests put to death for their Religion as they account it hath wrought great impression in their hearts as also the notice they have received of so many Colledges and English Seminaries remaining yet and set up of new both in Flanders France Italy and Spain for making of other Priests in place of the Executed doth greatly animate them and holdeth them in hope of continuing still their Cause and this at home As for abroad it is easie to consider what their Party and Confidence is or may be not only by the English that live in exile and have their Friends and Kindred at home but also principally by the affection of foreign Princes and States to favour their Religion whose Ports Towns and Provinces lie near upon England round about and for such a time and purpose could not want commodity to give succour which being weighed together with the known inclination that way of Ireland and the late Declaration made by so many of the Scotish Nobility and Gentlemen also to favour that Cause all these Points I say put together must needs perswade us that this Body is also great and strong and like to bear no small sway in the deciding of this controversie for the Crown when the time shall offer it self for the same And so much the more for that it is not yet known that these are determined upon any Person whom they will follow in that action nor as it seemeth are they much inclined to any one of the Pretenders in particular wherein it is thought that the other two Parties either are or may be divided among themselves and each part also within it self for that so different persons of those Religions do stand for it but rather it is thought that these other of the Roman Religion do remain very indifferent to follow any one that shall be set up for their Religion and is likest to restore and maintain the same be he Stranger or Domestical which determination and union in general among if they hold it still and persevere therein must needs be a great strength unto their Cause and give them great sway wheresoever they shall bend at that day as by reason is evident And so much of this matter It remaineth then that after these Considerations of the three Bodies in general we pass to view of each Family House and Person pretendent in particular and therein to contemplate what may be for him and what against him in this pretence and pursuit of the Crown And to begin first of all with the King of Scotland as with him who in vulgar opinion of many men is thought to be first and foremost in this action by way of Succession albeit others do deny the same and do make it very doubtful as before hath been declared yet if we do consider not his Title for of that we have spoken sufficiently before in the 5 th Chapter but other circumstances only of his Person State Condition and the like of which points only we are to treat in this place then must we confess that as on the one side there are divers points that may further him and invite men to favour his cause so wants there not other to hinder the same The points that may invite are his Youth his being a King his moderate nature in that he hath shed little blood hitherto his affection in Religion to such as like thereof and the like but on the other side the reasons of State before laid against him do seem to be of very great force and to weigh much with English-men especially those of his Alliance with the Danes and dependance of the Scotish Nation And as for his Religion it must needs displease two Parties of three before mentioned and his manner of Government therein perhaps all three As for Arabella in that she is a young Lady she is thereby fit as you know to procure good wills and affections and in that she is unmarried she may perhaps by her Marriage join some other Title with her own and thereby also Friends But of her self she is nothing at all allied with the Nobility of England and except it be the Earl of Shrewsbury in respect of Friendship to his old Mother in Law that is Grand Mother to the Lady I see not what Noble man in England hath any band of Kindred or Alliance to follow her And as for her Title it seemeth as doubtful as the rest if not more as by that which hath been said before hath appeared And for her Religion I know it not but probably it can be no great Motive either against her or for her for that by all likelyhood it may be supposed to be as tender green and flexible yet as is her age and sex and to be wrought hereafter and settled according to future events and times In the House of Suffolk the Lord Beacham and the Earl of Darby have the difference of Titles that before hath been seen and each one his particular reasons why he ought to be preferred before the other and for their other Abilities and Possibilities they are also different but yet in one thing both Lords seem to be like that being
both of the Blood Royal they are thought to have ab●sed themselves much by their Marriages with the two Knights Daughters Sir Richard Rogers and Sir John Spenser though otherwise both of them very worshipful but not their Matches in respect of their Kindred with the Crown yet doth the Alliance of S. John Spenser seem to bring many more Friends with it than that of Sir Richard Rogers by reason of the other Daughters of Sir John well married also to Persons of importance as namely the one to Sir George Carey Governour of the Isle of Wight who bringeth in also the Lord Hunsdon his Father Captain of Barwick two of the most important pieces that England hath And for that the said Lord Hunsdon and the Lady Knowles deceased were Brother and Sister and both of them Children to the Lady Mary Bullen Elder Sister to Queen Anne hereof it cometh that this Alliance with Sir George Carey may draw after it also the said House of Knowles who are many and of much importance as also it may do the Husbands of the other Daughters of Sir John Spencer with their adherents and followers which are neither few nor feeble all which wanteth in the Marriage of the Lord Beacham Another difference also in the ability of these two Lords is that the House of Seymers in State and Title of Nobility is much younger than the House of Stanleys for that Edward Seymer late Earl of Hartford and after Duke of Somerset was the first beginner thereof who being cut off together with his Brother the Admiral so soon as they were could not so settle the said House especially in the Alliance with the residue of the Nobility as otherwise they would and might have done But now as it remaineth I do not remember any Alliance of that House of any great moment except it be the Children of Sir Henry Seymer of Hampshire and of Sir Edward S●ym●r of Bery Pomery in Devonshire if he have any and of Sir John Smith of Essex whose Mother was Sister to the late Duke of Somerset or finally the Alliance that the late Marriage of the Earl of Hartford with the Lady Frances Howard may bring with it which cannot be much for so great a purpose as we talk of But the Earl of Darby on the other side is very strongly and honourably allied both by Father and Mother for by his Father not to speak of the Stanleys which are many and of good Power and one of them matched in the House of Northumberland his said Father the old Earl had three Sisters all well married and all have left Children and Heirs of the Houses wherein they were married for the elder was married first to the Lord Sturton and after to Sir John Arundel and of both Houses hath l●s● H●irs-male The second Sister was married to the Lord Mosley by whom she hath left the Lord that now is who in like manner hath matched with the Heir of the Lord Montegle who is likewise a Stanley And finally the third Sister was married to Sir Nicholas Poynes of Gloc●stershire and by him had a Son and Heir that yet liveth And this by his Fathers side but no less alliance hath this Earl also by the side of his Mother who being Daughter of George Clifford Earl of Cumberland by Lady Eleanor Niece of King Henry the VII the said Lord George had afterward by a second Wife that was Daughter of the Lord Dacres of the North both the Earl of Cumberland that now is and the Lady Wharton who hereby are Brother and Sister of the half Blood to the said Countess of Darby and the Dacr●s are their Uncles Besides all this the States and Possessions of the two foresaid Lords are far different for the purpose pretended for that the State of the Earl of Hartford is far inferior both for greatness situation wealth multitude of Subjects and the like for of that of the Stanleys doth depend the most part of the Shires of Lancaster and Chester and a good part of the North of Wales at least wise by way of observance and affection as also the Isle of M●n is their own and Ireland and Scotland is not far off where friendship perhaps in such a case might be offered and finally in this point of ability great oddes is there seen between the Lords As for their Religion I cannot determine what difference there is or may be between them The Lord Beacham by education is presumed to be a Protestant albeit some hold that his Father and Father in Law be more inclined towards the Puritans The Earl of Darby's Religion is held to be more doubtful so as some do think him to be of all three Religions and others of none and these again are divided in judgments about the event hereof for that some do imagine that this opinion of him may do him good for that all sides hereby may perhaps conceive hope of him but others do perswade themselves that it will do him hurt for that no side indeed will esteem or trust him so as all these matters with their events and consequences do remain uncertain But now will I pass to speak of the House of Clarence the chief Persons whereof and most eminent at this day are the Earl of Huntington and his Brethren the Hastings for that the Pooles and Barringtons are of far meaner condition and authority albeit the other also I mean the House of Hastings doth not seem to be of any great alliance for that albeit the old Earl of Huntington this Earl's Father had two Brethren the one Sir Thomas Hastings that married one of the Lord Henry Pooles Daughters named Montagne that was put to death which Daughter was Sister to this Earl's Mother and the other named Sir Edward Hastings was made Lord of Lowghborow by Queen Mary to whom he was first Master of the Horse and afterwards Lord Chamberlain neither of them having left issue and this is all I remember by his Fathers side except it be his own Brethren as hath been said of which Sir George Hastings is the chiefest By his Mothers side he hath only the Pooles whose Power as it is not great so what it is is rather like to be against him than with him partly for their difference from him in Religion and partly for preferment of their own Title upon the reasons before alledged By his own Marriage with the Daughter of the late Duke of Northumberland and Sister to the late Earls of Leicester and Warwick he was like to have drawn a very great and strong alliance if the said two Earls had lived and especially Sir Philip Sidney who was born of the other Sister of the present Countess of Huntington and his own Sister was married to the Earl of Pembroke that now is and himself to the Daughter of Sir Francis Walsingham Chief Secretary of the State by all which means and by all the affection and
not of the House of Lancaster The King of Scots forrain born The controversie about forrain birth How strangers may inherit Reasons why the statute toucheth not one case The Crown not holden by allegiance 5. Reason King Henrys Testament against the King of Scots Answers to the King's Testament The King of Scots excluded by the statute of association Joyning of England and Scotland together Polyd. lib 17. in vit Edw. l. Inconveniences of bringing Strangers into England A Consideration of Importance Polyd. Hist Ang. l. 8. 9. Example of Spain Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dom. 1383. S●ow pa. 4. 54 59 90 76. Of ●he 〈◊〉 of Scotland Of the title of Lady Arabella An English Woman Against Arabella Not of the House of Lancaster The Testament of King Henry The countess of Darby nearer by a degree Illegitim●tion by ●●s●ardy The Testimony of the L. William Howard Other reasons of 〈◊〉 against Arab●l● 〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. ● The Issue of Charles Brandon Issue of Lady Frances Stow an 7. Edon 6. The Issue of the Lady Katharine The Issue of Lady Eleanor Allegations of the Houses of Darby and Hartford the one against the other Charles Brandon had a Wife alive First Bastardy against the Issue of Hartford Stow in vit Edward An. 1553. 2 Bastardy 3 Bastardy The fourth Bastardy common to both Families of Suffolk The Answer of t●ose of Hartford to the foresaid Bastardies Of the marriage between the Earl of Hartford and the Lady Katharine Gray How the second Son of the Earl of Hartford may be legitimate Allegations of the House of Darby Why the Earl of Huntington●● House is 〈◊〉 to be of the House of Claren●e Issue of t●● House of Cl●rence Issue of ●i● Geffrey Poole The interest and pretence of the Earl of Huntington Objections against the Earl ●f Huntingt●n Restitution may be in bl●●d without restitution of dignity The Pretence of the Pooles against Huntington Objections of Religion The House of Britany The course of Inheritance in the Crown of France First pretence of the Infanta to England Polyd. in vit Guil. Ru●● Second pretence of the Infanta of Spain Pretence to Aquitain Polyd in vit Johan Garib in vit Alfons Pretences to England by Lady Blanch. Stow in vit Johannis Garib l. 12 c. 38. Pretence by Arthur Duke of Britany Belfor l 3. c. 71. Hist. Fran. Election of Lewis VIII to be King of England Po●yd l. 5. Hist. Angl. Hollings Stow in vit Johannis Belfor l. 2. c. 67. Girrard l. 5. Histor. Baudin an 891. chron France Pretence by Descent from Henry III. Admission by Composition Objections against the Infanta's pretence The Princes of Portugal are of the House of Lancaster The Issue of Lady Philippa Qu. of Portugal Issue of ●●hn of Gaunt 〈…〉 ●ee the Ar●●● 〈◊〉 ●he 〈…〉 Book The point of difficulty Issue of Catharine Swinford The principal question Answer Dutchy of Lancaster The Crown An example of Edward the sixth and of the Prince of Spain 〈◊〉 of 〈◊〉 of Portugal The Dukedom of Lancaster The Legiti●●●ion ●f C●th●rin Swinf●rds Chil●●●● no● lawf●l Stow in vit Ri●har 2. Garibay h●st Portugal l. 35. cap. 4. Note this example ●tow in vit Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the L●gitima●ion The Question between Lady Philippa and John of Somerset The Question between the Nephews 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th cannot descend to King Henry the 7th Who are the Princes of Portugal and how they pretend ●o England The Issue of King Emmanuel of Portugal Issue of K. John the 3. of Portugal K. Lewis Father of Don Antonio K. Henry Cardinal The pretence of the Qunen Mother of France to Portugal Five Pretenders of the Crown of Portugal The contention about the Succession of Portugal Attorneys sent to Portugal A Sentence of Ill●●●imation against Don Antonio Writers of this Controversy The Causes why Don Antonio was pronounced Illegitimate Don Antonio his pretence to England Three principal pretenders of Portugal Pretences of the Duke of Parma For the Dutchess of Bragansa Representation excluded A Reply for ●he Du●e o● Pa●ma King Philip 's pretence to Portugal Divers allegations for King Philip. Hieron Frak● Jo. P●et Vipe● anus The case of pretence of the House of Portugal to England An objection with the answer Objections against the Pretenders of Portugal Answers Note this By what Title King Henry VII did enter About foreign power in England About Foreign Government The occasion of the next chapter about Foreign Government Reasons against foreign Government Polit. Arist. Demosthenis Philippicae in Aeschines Attempts to deliver Realms from strangers Quint. Curt. l. 5 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. l. 8. Hollings in vit Camiti The rage of the French against the English The conclusion against Strangers Authority of Scripture against strangers Deut. 15. The answer in defence of foreign Government The effect of Governments to be considered and not the Governours An Example Little importeth the Subject of what Country his Governour is so he is good 1 Reg. 12. Not the Country but the good Government importeth Note these examples Who are properly Strangers Divers manners of being under Strangers To be undder strangers by Conquest How Conquerours do proceed towards ●he Conquered Polydor Virg. l. 8. Hist. Angliae Clemensy of the Romans Lib. 1. Macchab. ●ap 8. Strangers most favoured in wise Governments Gascoynes Britons Candians States o● Italy The condition of the Irish under the English Of the States of Flanders Girard du Ha●lan l. 18. an 1381. Prosperity of Flanders under the House of Austria In Gui●ciard nella descrittione delli pasi bassi The Authority of the Flomings at home The Indulgence mi●d ●o offenders 〈◊〉 ●landers The Spaniard punisheth less in Italy than nearer home V●ceroyes do give account of their Government Much slaughter of Nobility in England Execution of Nobility by Henry the eight Under King Edward and Queen Mary States governed happily by foreign Princes Old afflictions of Naples and Millain Whether a great or little Prince be better Pedro Mexio en vit de Antonio Pi●● The felicity of the Roman Government The second way of being under a foreign Prince A foreign Prince without Forces not prejudicial Note this utility of a foreign King The manner of foreign Prince more commodious for the present A third way of being under foreign Government 〈◊〉 of 〈◊〉 G●ve●●ent Incon●●●ence● of t●●s Government Strange Governo●●● desired in some Realm The Answer to objections against foreign Government Answer the Grecian Philosophers and Orators Demosthenes The troublsome state of the Grecian Cities Arist. l. 2. ●olit c. 1.2 ●●●wer to 〈◊〉 objection out of Deuteronomy Deut. 15. Secondary Lines Ambiguity of Prevailing Two Grounds of probability of speeding Three Religions in England The great Importance of Religion in this Action The next Change like to be difficult and why The consideration of the Protestant Party The Clergy The Council and Nobility Persons designed or favoured by the Protestant Party Foreign Friends of the Protestants Of the Party Puritan Persons affected by the Puritans External Friends Lutheran● The Puritan at home Those of the Roman Religion T●e R●man Party gr●at and w●y 1 Reg ●2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular The King of Scotland Arabella The Lord Beacham and the Earl of Darby Alliance of the Earl of Darby A●●ance of the Seymers Alliance ●● the Stanleys A●l●ance of the old Countess of Darby The States of the Lord Beacham and the Earl of Darby 〈…〉 Lords The Earl of Huntington 〈◊〉 of the 〈…〉 ●unting●●● The Power of London Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal Infanta of Spain Duke of Parma The Duke of Bragansa Power of foreign Pretenders The first Conjecture that there will be War and why Sup. c. 4. A consideration to be marked The second conjecture no main Battel probable The third Conjecture who is likest to prevail For the Infanta of Spain For the Earl of Hartfod's second Son Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit Steph.
Royal Ornaments of this Crown of France and that you will swear Fealty unto him and do him Homage Thus said the King and then having asked every one of the Assistance in particular for his consent and esterwards the whole Assembly in general whether they would swear Obedience to him or no and finding all to promise with a good will he passed over the Feast of the Ascension with great joy in Paris and after went to Rhemes with all the Court and Train to celebrate the Coronation upon the Feast of Whitsunday Thus far are the words of William de Nangis alledged in the History of France by Belforest And it is to be noted First how the King did request the Noblity and People to admit his Son and secondly how he did ask their consents apart for that these two points do evidently confirm that which I said at the beginning that only Succession is not sufficient but that Coronation ever requireth a new consent which also includeth a certain Election or new Approbation of the Subject This is proved also most manifestly by the very Order of Coronation which ensueth in Belforest taken word for word out of Tillet in his Treatise of Records in the Chapter of anointing the Kings of France in these words In the year of Grace 1059 and the 32 year of the Reign of King Henry the first of that Name of France and in the 4 th year of the Seat and Bishoprick of Rhemes and on the 23 d. day of May being Whitsunday King Philip I. was anointed by the said Archbishop Gervais in the great Church of Rhemes before the Altar of our Lady with the Order and Ceremony that ensueth The Mass being done when it came to the reading of the Epistle the said Lord Archbishop turning about unto Philip the Prince that was there present declared unto him what was the Catholick Faith and asked him Whether he did believe it and whe● he would defend it against all persons whatsoever who affirming that he would his Oath was brought unto him whereunto he must swear which he took and read with an audible voice and signed it with his own hand and the words of the Oath were these Je Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au jour de mon sacré devant Dieu fes Sanctes c. That is in English for I will not repeat all the Oath in French by reason it is somewhat long I Philip by the grace of God near to be ordained King of France do promise in this day of my anointing before Almighty God and all his Saints That I will conserve unto all that Ecclesiastical Prelates all Canonical Priviledges and all Law and Justice due unto every one of you and I will defend you by the help of God● as much as shall lie in my power and as every King ought to do and as by Right and Equity he is bound to defend every Bishop and Church to him committed within his Realm And furthermore I shall administer Justice unto all people given me in charge and shall preserve unto them the defence of Laws and Equity appertaining unto them so far forth as shall lie in my Authority So God shall help me and his holy Evangelists This Oath was read by the King holding his hands between the hands of the Archbishop of Rhemes and the Bishop of Syen and Bisanson Legats of the Pope standing by with a very great number of other Bishops of the Realm And the said Archbishop taking the Cross of St. Remigius in his hand he shewed first to all the audience the ancient Authority which the Archbishops of Rhemes had even from the time of St. Remigius that baptized their first Christian King Clodoveus to Anoint and Crown the Kings of France which he said was confirmed unto them by the Priviledge of Pope Hormisda that lived in the year of Christ 5 16. and after also by Pope Victor and this being done he then by license first asked of King Henry the Father there present did choose Philip for King II eslent le dit Philippe son fils en pour Roy de France which is word for word the Archbishop chose the said Philip King Henry 's Son in and for King of France which the Legates of the Pope presently confirmed and all the Bishops Abbots and Clergy with the Nobility and People in their order did the like crying out three times in these words Nous le approvouns nous le voulons soit fait nostre Roy that is We will have him let him be made our King And presently Te Deum Laudamus was sung in the Choir and the rest of the Ceremonies of Anointing and Coronation were done according to the ancient order of this Solemnity used in the time of King Philip 's Predecessors Kings of France Thus far do French stories recount the old and ancient manner of Anointing and Crowning their Kings of France which had endured as I have said for almost 600 years that is to say from Clodoveus unto this King Philip the First who was crowned in France seven Years before our William the Conquerour who also was present at this Coronation and had the third place among the Temporal Princes as Duke of Normandy entred into England but after this time the manner and ceremonies were somewhat altered and made more Majestical in outward shew and this especially by King Lewis sirnamed the Younger Nephew to the foresaid King Philip who leaving the substance of the Action as it was before caused divers external additions of Honour and Majesty to be adjoined thereunto especially for the Coronation of his son Philip the Second sirnamed Augustus whom he caused also to be crowned in his days as his Grand-father Philip had been and as himself had been also in his Fathers days This Man among other Royal ceremonies ordained the Officers of the twelve Peers of France six Ecclesiastical and six Temporal who are they which ever since have had the chiefest Places and Offices in this great Action for that the foresaid Arch-Bishop of Rhemes entituled also Duke of Rhemes hath the first and highest Place of all others and anointeth and crowneth the King The Bishop and Duke of ●aon bear the glass of Sacred Oyl The Bishop and Duke of Langres the Cross the Bishop and Earl of Bevais the mantle-Royal the Bishop and Earl of Noion the King's Girdle And last of all the Bishop and Earl of Chalons do carry the Ring And these are the six Ecclesiastical Peers of France with their Offices in the Coronation The Temporal Peers are the Duke of Burgundy Dean of the Order who in this day of Coronation holdeth the Crown the Duke of Gascony and Guyene the first Banner quartered the Duke of Normandy the second Banner quartered the Earl of Tolousa the Golden Spurs the Earl of Champany the Banner Royal or Standard of War