Edward III. and younger brother of Leonell temerously ayâ—nst rightwiseness and justice by force and armes ayenst his feâ—th and ligeance rered-werre at Flynt in Wâ—les ayenst the seid King Richard him toke and impâ—esoned in the Towre of London of grete violence And the samâ— King Richard so being in prison and lyvying usurped and intruded upon the Roiall Power Estate Dignity Preeminence possessions and Lordships aforeseid taking upon him usurpously the Corone and name of King and Lord of the same Reaume and Lordship and not therwith satisfied or content but more grevous thyng attempting wykidly of an unnatural unmanly and cruel Tyranny the same King Richard King enoynted coroned and consecrate and his Liege and most high Lord in the Eâ—th ayenst God's Law Manne's Ligeance and Oâ—ch of Fidelite with uttermost puâ—icion attormenting murdered with most vyle heynous and lamentable death Ibid. n. 10. And that the same Henry unrightwisely ayenst Lawe Conscience and Custume of the seid Reaume of Englond usurped upon the seid Corone and Lordship And that he and also Henry late called King Henry V. his sonâ—e and the seid Henry late called King Henry VI. the sonne of the seid Henry late called King Henry V. occupied the seid Reaume of Englond and Lordship of Irelond and exercised the governaunce therof by unrightwise intrusion and usurpation and in noon otherwise 'T is true the Distinction of a King de facto and de jure was first heard of in this very Parliament which declared the hereditary Right of the House of York in in the First of Edward IV. cap. 1. in print which agrees with the Record in the Parliament-Roll n. 41. and not before but not started then by the Lawyers to fiâ—d a sufficient Salvo for the Kings of the House of Lancaster but an Expression intended by Parliament before they used it to denote and make known an unlawful pretended or pretensed Kâ—ng that had not obtained the Crown by just Title or to signifie an Usurper by way of Antithesis or Contradistinction to a K ng de jure or in Right For this very Parliament that had declared Henry IV. V. VI. Usurpers calls them all in this Act or Statute Kings de facto or in Deed and not in Right and their Reigns pretensed Reigns and very often affiâ—ms them to be but pretensed Kings such as did not reign lawfully nor possess the Crown by just Title And that this was the intention of the Parliament in the use of this Expression the Statute it self will inform the Author or any indifferent Reader that will peruse it The Lawyers did not comment or descant upon these Words or declare what power a King de facto had before Easter-Term in the Ninth of Edward IV. and then they acknowledge Henry VI. King de facto in the Instance to have been an Usurper and that he was not King forsque per usurpacion but by Usurpation This Ninth of Edward IV. was a troublesome Year and Make-king Warwick in all probability with many others of the Nobility were at this very time contriving against him and to re-inthrone King Henry for in July following he was in opeâ— Rebellion against King Edward and about the end of that Month or beginning of August madâ— him Prisoner who soon made his Escape left the Nation and went into Holland c and on the sixth of October in that Year Henry VI. was restored The Earl of Warwick was popular almost beyond Imagination and probably the Lawyers during the Contrivance when thâ—y saw the People move that way might start such Notions about the Power of a King de facto as might encourage the Undertaking of Wâ—â—wick and his Friends for Henry VI. against Edward IV. 'T is observable that the Judges did not argue or give any Opinion in this Case but only the Serjeants and Apprentices of the Law as appears in the Câ—se it self Third Institut fol. 7. Sir Edward Coke hath out-done the Year-Book 9. Ed. IV. Term. Pasch concerning whole Opinion the Author may read Mr. Pryn Pag. 482 c. in his Plea for the Hoâ—se of Lords This is a brief Account of a King de facto and the Origin of the Expression by which it is most manifest that by the Parliament-Roll the Statute and Case of the Ninth of Edward IV. he is no other than a pretensed unlawful King and an Usurper though set up as the three Henries were and therefore the pretended Distinction is idle as may also further appear by the following Statute which because not common is here recited at large Statutes at large 17. Ed. IV. c. 7. Item Whereas in the most dolorous Absence of ouâ— Soveraign Lord the King out of this his Realm being in the parties of Holland and before his victorious Regress into the same Realm Rot. Parl. 17. Ed. IV. n. 34 This Writ of Summons to the Parliament is dated 15. Octobr. Rot. Cl. 49. Hen. VI. M. 6. Dors in a pretensed Parliament unlawfully and by usurped Power summoned by the Rebel and Enemy to our Sovereign Lord the King Henry VI. late in Deed and not of Right King of England holden in the Palace of Westminster the 26th Day of November in the Ninth Year of our Sovereign Lord the King that now is under the coloured Title of the said Henry the Forty ninth Year of the Incoation of his pretensed Reign and the First Year of the Readeption of his usurped Power and Estate divers and many Matters were treated communed wrought to the destruction and disherison of our Sovereign Lord the King and his Blood Royal by the Labouâ— and Exhortation of Persons not fearing God nor willing to be under the Rule of any earthly Prince but inclined of sensual Appetite to have the whole Governance and Rule of this Realm under their Power and Domination Which Communications Treaties and Workings do remain in Writing and some exemplified whereby many Inconveniences may ensue to our said Sovereign Lord the King and his Blood Royal which God defend and all Noblemen at this time attending about the King and all his other Liege People and Subjects unless due Remedy be provided in this behalf Our said Sovereign Lord the King by the Assent of the Lords Spiritual and Temporal and at the Request of the Commons in the said Parliament assembled and by the Authority of the same For the Surety of his noble Person his noble Issue and the inheritable Succession of the same and for the Surety of all the Lords Noblemen and other his Servants and Subjects hath ordained and stablished that the said pretensed Parliament with all the Continuances and Circumstances depending upon the same be void and of none effect and that all Acts Statutes Ordinances Treats Communications Conventions and Workiâ—gs in the same pretensed Parliament treated communed accorded wrought had or by Authority of the same Parliament enacted and ordained and all Exemplifications made upon the same or any part of them and every of
was â—oo high and of so great wight that it passed ther lerning and also they durst not enter eny communication in that matier to yeve any avyce or counsaill therein And si h that the said matier was so high that it passed the lerning of the Justices it must needs excede ther lerning and also they durst not enter eny communication in that matter and prayed and besought all the Lordâ—s to have them excused of yevyng eny avyce or counsaill therin To whom it was aunswered by the aavys of all the Lordes by the sâ—â—d Chaunceller that they myghâ— not so be excused for they were the Kâ—ng's peâ—ticuler Counsâ—illers and therforâ— thâ—y had ther fees and wages And as to that the seid Sergeaunts and Attourney seiden that they were the King's Counsaillers in the Law in such things as were under his auctorite or â—y Commissiâ—n but this matâ—er was above his auctâ—â—ite wherin they myght not medle and humbly besought the seid Lordes to have them excuâ—ed of yevyng eny counsaill in that matier and it was aunswered them agayn that the Lordes wuld not hold them excused but let the King's Highness have knowleche what they said and theruppon the seid Chaunceller remembred the Lordes Spirituelx and Tâ—mperelx of the seyings and excuses of the Justices and seyings and excuses of the Sergeaunts and Attourney and also the grete commaundement of the King's Highness that they had to find all such objections as myght be moost mighty to defend the King 's right and title and to defete the title and cleyme of the seid Duk of York And also that the King myght understond that the seid Lordes diden their true and faithful devoire and acquitall in the seid matier desired all the Lordes that every of them shuld sey what he cowed sey in fortefying the King's title and in defeteing of the cleyme of the seid Duc And than it was agreed by all the Lordes that every Lorde shuld have his fredome to sey whâ—t he wold sey without eny reporting or magre to be had for his seying And theruppon after the seiyng of all the Lordes every after other It was concluded that thes matiers and articles here undrewriten shuld be alegged and objecte ayenst the seid cleyme and title of the seid Duc. First It is thought Objectio contra titulum praedictum that the Lordes of this Lond must needs call to their remembraunces the grete othes the which they have made to the King our Soveraigne Lorde the which may be leyde to the seid Due of York and that the Lordes may not breke thâ—o othes Item It is thought also that it is to be called to remembraunce the grete and notable Acts of Parlements made in divers Parlements of divers of the King's Progeniâ—â—urs The which Acts be sufficient and resonable to be lâ—yd againe the title of the seid Duc of York The which Acts been of moche more auctorite than eny Cronicle And also of auctorite to defete eny manner of title be made to eny persone Item It is thought that there is to be leyd agayn the sâ—id title divers entaills made to the heires males as for the Corone of Englond as it may appere by divers Cronicles and Parlements Item It is thought yf the seid Duc shu'd make eny title or cleyme by the Lyne of Sir Leonell that the same Duc shuld bere the Armes of the same Leonell and not the Armes of Edmund Langley late Duc of York Item It is to be allegged agen the title of the seid Duc that the time that King Herry the fourth toke upon him the Corone of Englond he said he entred and toke upon him the Corone as right enheriter to King Herry the third and not as a Conquerour To the which Articles the seid Duc of York gave his answeres in writeing as folowen Responsiones praefati Ducis ad Objectiones tituli sui praedicti Here under folowen the answeres of Richard Plantagenet called comonly Duc of York c. to certain raisons and colours alleged as it is said ayenst the matier of his right and title c. First Where it is said that it is thought n. 14. that the Lordes must nedes calle to their remembraunce the grete Othes which they have made to the King which may be leid to the seid Duc and that they may not breke thoo othes The seid Richard aunswereth and saith that every man under the peyne of everlasting dampnation is bounde to obey to the lawe and commaundements of God by the which lawe and commaundements trouth and justice owe to be preferred and observed and untrouth and injustice laid apart and repressed and soe it is that of this bond and duetye of obedyence to Godd's lawe noo man may discharge himself by his owne deede or act promise or ooth for elles of the contrary wold ensue innumerable inconveniences wherefore sith it is soe that the matier of the title and cleyme of the seid Richard Plantagenet is openly true and lawful and grounded upon evident trouth and justice It followeth that man shuld have rather consideration to trouth right and justice in this matier accordingly with the will of the law of God then to any promisse or ooth made by him to the contrarie considered namely that by the lawe and determination of holy Churche an ooth made by ooâ— persone unto the prejudice or hurt of an other contrarie to trouth justice and charity in the which standeth the plenitude and perfection of Godd's lawe is void and of noon effect neither in eny wise obligatory And that the vertue and nature of an ooth is to confirm trouth and in no wyse to impugne it And over that by the ooth of feaute homage or ligeaunce no man is bounden to any inconvenient or unlawfull thing And how be it that this answer is â—uffisaunt to all maner objections that may be made ayenst his cleyme and entent in this partie by reason or occasion of any ooth yet natheless the seid Richard for as much as the matier of othes is a matier spirituell for more declaration of his conscience honesty and trouth in this partie offreth himself redy to aunswer bâ—fore any Juge Spirituell competent in place and tyme covenable to all maner of men that any thing woll purpose ayenst him in that behalf And to shew clerely that lawfully withouten offence of God and conscience he may cleyme and pursue his right and desire Justice in such fourme as he dooth and that all other persones and namely the Peers and Lordes of this Reame may and by the law of God and man ought to helpe and assist him in trouth and justice notwithstanding any ooth of feaute or other by him or them here before made Over this where it is thought also n. 15. that it is to be called to remembraunce the grete and notable Acts of Parlement made in dyvers Parlements of dyvers of the King's progenitours the which actes been sufficient to be leyed ayenst the title
first had Issue Edward his firâ—â— begotten Son entitled and called after the decesse of the seid first Edward his fader King Edward the secund which had Issue and leefully gate the right noble and honourable Prynce Edward the third the tâ—ue and undoubted King of Englond and of Fraunce and Lorde of Irelond which Edward the third true and undoubted King of Englond and of Fraunce and Lorde of Irelond had Issue and leefully gate Edward his first bâ—goten sonne Prince of Wales William Hatfeld secund begotten Leonell third begoten Duc of Clarence John of Gaunt fourth begoten Duc of Lancaster Edmund Langley fiâ—â—h goten Duc of Yorke Thomas W dâ—stoke sixt goten Duc of Gloue and William Windsore the seventh goten The seid Edward Prynce of Wâ—â—es which dyed in the lyfe of the seid Edward King had Issue and leefully gate Richard the which succeeded the same Edward King his Grauntfiâ—e in roiall Dignite entitled and called King Richard the secund and dyed without Issue William Hatfeld the secund goten sonne of the seid Edward King dyed without Issue Leonell the third goten sonne of the same Edward King Dâ—c of Clarence had Issue and leefully gate Phâ—lippe his only daughter and heir which by the Sacrament of Matrimonie copled unto Edmund Mortymer Erle of Marche had Issue and leefully bore Râ—ger Mortymer Erle of Marche his sonne and heiâ—e which Roger Erle of Marche had Issue and leâ—fully gate Edmond Erle of Marche Roger Mortymer Anne and Alianore which Edmund Roger and Alianore dyed without Issue and the seid Anne under the Sacrament of Matrimonie copled unto Richard Erle of Cambrigge the sonne of the seid Edmund Langley the fift goten sonne of the seid King Edward as it is afore specified had Issue and leefully bare Richard Plantaginet commonly called Duc of York The seid John of Gaunt the fourth goten sonne of the seid King Edward and the younger Brother of the seid Leonell had Issue and leefully gate Henry Erle of Derby which incontinent after the time that the seid King Richard resigned the Corones of the seid Reaumes and the seid Lordship of Irelond unrightwisely entred upon the same then beying on lyve Edmund Mortymer Erle of Marche sonne to Roger Mortymer Erle of Marche sonne and heir of the said Phelippe daughter and heir of the seid Sir Leonell the third sonne of the seid King Edward the third to the which Edmund the right and title of the seid Corones and Lordship by lawe and custome belonged To the which Richard Duc of York as sonne to Anne daughter to Roger Mortymer Erle of Marche sonne and heir to the seid Phelippe daughter and heir to the seid Leonell the third goten sonne of the seid King Edward the third the right title dignite roiall and estate of the Corones of the Reaumes of Englond and of Fraunce and of the Lordship and lond of Irelond of right lawe and custume apperteigneth and belongeth afore eny issue of the seid John of Gaunt the fourth goten sonne of the seid King Edward n. 20. The seid title natheless notwithstanding and without prejudice of the same The seid Richard Duc of York tenderly desireyng the we le rest and prosperite of this lond and to set apart all that that myght be trouble to the same and considering the possession of the seid King Herry the sixt and that he hath for his time be named taken and reputed King of Englond and of Fraunce and Lorde of Irelond is content agreeth and consenteth that he be had reputed and taken King of Englond and of Fraunce with the roiall estate dignite and pre-eminence belonging therto and Lord of Irelond duryng his lyfe naturall and for that time the seid Duc without hurt or prejudice of his seid right and title shall take worship and honour him for his Soveraine Lorde n. 22. Item It is accorded appointed and agreed that the seid Richard Duc of Yâ—â—k rejoyse be entitled called and reputed from hens forth verrey and rightfull heire to the Corones roiall estate dignite and Lordship aboveseid and after the decesse of the seid King Herry or when he woll ley from him the seid Corones estate dignite and Lordship the seid Duc and his heires shall immediately succeed to the seid Corones roiall estate dignite and Lordship Item n. 25. For the more establishing the seid accord It is appointed and consented that the Lordes Spirituelx and Temporelx being in this present Parlement shall make â—oothes to accepte take wurship and repute the seid Richard Due of York and his seid heires as above is reherced and kepe observe and strengthen in as much as apperteigneth unto them all the things aboveseid and resist to their power all them that wull presume the contrary according to their estates and degrees The King understanding certainly the seid title of the seid Richard Duc of York just lawful true and suffisant n. 27. by thavis and assent of the Lords Spirituelx and Temporelx and Commons in this present Parlement assembled and by auctorite of the same Parlement declareth approveth and ratifieth confermeth and accepteth the seid title just good lawfull and true and therunto yeveth his assent and agreement of his fâ—â—e will and libertie And over that by the seid avis and auctorite declareth entitleth calleth stablisheth affermeth and reputeth the seid Richard Duc of York verrey true and rightfull heire to the Corones roiall estate and dignite of the Reaumes of Englond and of Fraunce and of the Lordship of Irelond aforeseid and that according to the wurship and reverence that therto belongeth he be taken accepted and reputed in wurship and reverence by all the States of the seid Reaume of Englond and of all his Subgetts therof saving and ordeigning by the same auctorite the King to have the seid Corones Reaumes roiall estate dignite and pre-eminence of the same and the seid Lordship of Irelond duryng his lyf naturall And ferthermore by the same avis and auctorite wolle consenteth and agreeth that after his decesse or when it shall please his Highness to ley from him the seid Corones estate dignite and Lordship or therof cesseth The seid Richard Duc of York and his heires shall ymmediately succeed him in the seid Corones roiall estate dignite and Lordship and them then have and joy any Act of Parlement Statute Oâ—dynaunce or other thing to the contrarie made or interruption or discontinuance of possession notwithstonding And moreover by the seid avis and auctorite stablisheth graunteth coâ—fermeth approveth ratifieth and accepteth the seid accord and all things therin conteyned And thereunto freely and absolutely assenteth and agreeth From this Record it is evident 1. Richard Duke of York exhibited his bare Claim and Title to the Lords only 2. Râ—chard Duke of York did not petition the Lords n. 11. 3. His Council only delivered in a Wâ—iting containing his Descent and Title by Birthright and Hereditary Succâ—ssion and nothing else 4. The Matter was so high the Lords could not answer it
them shall be reversed cancelled void undone revoked repealed and of no foâ—ce nor effect Henry VI. was a King de facto according to the Author's Description as well before at and after this Parliament in the Ninth of Edward IV. and Forty ninth of Henry VI. and is said to be in this Statute yet in all these Times he is declared an Vsurper at this time a Rebel and his Reign a pretensed Reign and this Parliament is also declared a pretensed Parliament Statutes at large 1. Hâ—n VII cap. 6. Richard III. was acknowledged to be a King by a Parliament of his own calling and was according to the Author's description a King de facto yet in the First of Henry VII he is declared an Vsurper of the Realm and not so much as allowed the name of King or pretensed King in that Statute After the King de facto and Vsurper Enquiry is to be made what Right and Title a King de jure may pretend to the Crown accordiâ—g to the Constitution Law and Statutes of thâ— Kingdom and it appears by the following plain Proofs that it is onâ—y by Descent and not oâ—herwise This is an hereditary successive Moâ—archy and immediately upon the Death oâ— Cession of th Predecessor the Crown is vested in the lawful Successor by Inheritance and Proximity of Blood Which appears 1. By the Record before cited of the Compromâ—se and Agreement between Râ—chard Duke of Yo k and Henry VI. in the Thiâ—ty â—inth Yâ—ar of his Râ—ign wherein he makes his Claâ—m only by lineal Dâ—scent He exhibited only a bare Title by Descent and Proximity of Bâ— od which could not be denied and upon such shewing of his Right the Lâ—rds concluded it could not be defeatâ—d Rot. Parl. 1. Edw. IV. n. 10. This was pâ— t of the Petâ—tion and Declaration of the Commons before mentioned and pâ—ssed into an Act. n. 15. notwithstanding what King Henry's Council could say againâ—â— it 2. By the Râ—cord of the First of Edward IV. Thâ— Commyns being in this present Parlement having sufficient and evident knâ—wlege of the seid unrightw se Vsurpation and Intrusion by the sâ—id Henry late Erle of Derby upon the s â—â— Câ—rone of Englond knowing also certaiâ—ly without doubte or ambiguite thâ— Right and Title of our seid Soverayne Lord therunto true and that by God's Law Manne's Law and Law of Nature he anâ— none other is and owe to be their true rightwise and natural Liege and Soveraign Lord and that he was in Right from the deth of the seid noble and famous Pâ—iâ—ce his Fader very just King of the seid Reaume of England And yet his Father was never possâ—ssed of the Crown 3. Ibid. n. 10. And that the Takeing of Possession and Entree into the Exercise of the Roiall Estate Dignite Reign and Governaunce of the seid Reaume of Englond and Lordship of Irelond of our seid Soverayne Liege Lord King Edward IV. the seid 4th Day of March That Day he took Possession of the Crown and Government Ibid. n. 11. and the Amocion of the seid Henry late called King Henry VI. from the Exercise Occupaâ—ion Usurpation Intrusion Reigne and Gâ—vernaunce of the seid Reaume and Lordship doon by our seid Soverayne and L ege Lord King Edward IV. the seid 4th Day of March was and is rightwiâ—e lawfull and according to the Lawes and Cu â—umes of the seid Reaume and soe owe to be taken holden reputed and accep ed. And over that that our seid Sovâ—rayne and Liege Lord King Eâ—ward IV. the seid 4 h Day of March was lawfully seaâ—ed and possessed of the seid Corone of Englond in his seid Right and Title and from thenceforâ—h hâ—ve to hym and his Heires K ngs of Eâ—glond all such Manners Castells Lordships Honoures Londs Tenements Rentes Services Fees Fee-farm Rentes Knights Fâ—es Avousons Gyftes of Offices to yere at his pleasure Feires Markets Iss es Fynes and Amerciamentes Libertees Franchises Prerogatifs Eâ—chetes Custumes Reversions Remeyâ—ders and all other Hereditamentes with her Appurtenaunces whatsoever they bâ— in Englond Wales and Irelond and in â—aleys and the Marches therof as the seid King Richard had in the Feâ—â— of S. Matthew the Apostle about three Weeks before he was deposed the Twenty third Yere of his Reigne in the Right and Tâ—tle of the Corone of Englond and Lordship of Iâ—elond and shâ—ld afâ—er his Decesse have descended to the sâ—id Edmund Mortymer Erle of Marche Sonne of the seid Roger Mortymer Erle of Marche as to the next Heire of Blode of the same King Richard after his deth yf the seid Usurpation had not been committed or after the seid Edmund to his next Heire of Blode by the Lawe and Custume of the seid Reaume of Englond 4. The general Opinion of the Nâ—tion in these Times that the Right and Title to the Crown was by Inheritance only and Proximity of Blood caused Henry IV. â—o claim it Rot. Parâ— 1. Hen. IV. n. 53. Rot. Parl. 1 Râ—c III. in Exact Abridgment fol. 712 713 714. al 's descendit be ryght Lyne of the Blâ—de comeynge fro the gude Lord Henry Therde And for the same Reason Richard III. was by the three Estates that is to say the Lords Spi itual and Temporal and Commons in Parliament assembled declared to be undoubted Heir of Richard Duke of York Father to Edward IV. very Inheriter of the Crown of England and Dignity Royal and as in Right King oâ— England by way of Inheritance Tâ— ssel's Câ—ntâ—n fol. 231. All this was insinuated by himself in his Answer to Buckingham's Speech when he took upon him Kingship Likewise Henry VII upon the same Account prefers his Title by Conquest and Succession before that by Act of Parliament which Pope Innocent VIII In Cotton's Library Cleopatra E. 3. in his Bull of Confirmation of his Title says belonged to him non modo jure belli ac notorio indubitato proximo successionis titulo verum etiam omnium Praelatorum Procerum Magnatum Nobilium totiusque ejusdem regni plebis Electione noch decreto statuto ordinatione ipsius Angliae regni trium Statuum in ipsorum Conventu Parlamento nuncupato Bacon's History of Henry VII f. 1. 3. Not only by Right of War being saluted King by the Army in Bosworth-Field and had there King Richard's ornamental Crown put on by Sir William Stanley and the notorious and indubitable next Title of Succession but also by the Election of all the Prelates and Great Men of the who e Commonalty of the Kingdom of England and by a known and decreed Statute and Ordinance of the three Estates of the same Kingdom of England in their Meeting called a Parliament But that he thought himself most safe in the Pope's Confirmation is clear for that in the Thirteenth Year of his Reign he procured the Bull to be renewed and the Act of Parliament confirmed by Pope Alexander VI. Cotton Lib. ut supra under pain of Excommunication and Curse to such as should upon any pretence whatsoever disturb the Peace of the Nation and create Troubles against the Title of Henry VII Henry VIII in all his extravagant Acts concerning his Queens and the Succession founded them in pretended legal Proximity of Blood according to the due course of Inheritance the pretended want of which was the Ground and Suggestion still for passing those Acts. See 25 Hen. VIII cap. 22. 28. Hen. VIII cap. 7. And 35. Hen. VIII cap. 1. 5. Statut. 1. Mar. Sess 2. cap. 4. Where it hath pleased Almighty God the 6th Day of July last past to call out of this transitory Life unto his Mercy our late Sovereign Lord King Edward VI. by and immediately after whose decease the Imperial Crown of this Realm with all Dignities Dominion Hâ—nours Pre-eminencies Prerogatives Stiles Authorities and Jurisdictions to the same united annexed or belonging did not only descend remain and come unto our most dread Sovereign Lady the Queen's Majesty but also the same was then immediately and lawfully invâ—sted deemed and adjâ—dged in Her Highness's most Royal Person by the due Course of Inheritance and by the Laws and Statutes of this Râ—alm 6. Stat. 1. Jac. cap. 1. The Act of Recognition in the First of King James doth not take notice of Henry VII his Title but of his Daughter Margaret's as descended from Elizabeth her Mother Daughter and Heir to Edward IV. and declare that he was lineally rightfully and lawfully descended or the Body of the most excellent Lady Margaret eldest Daughter of the most renowned King Henry VII and the high and noble Princess Queen Elizabeth his Wife eldest Daugâ—ter of King Edward IV. In consideration whereof the Parliament doth acknowledge King James their onâ—y rightful Liege Lord and Sovereign and further say as being bound thereunto both by the Laws of God and Man they do recognize and acknowledge that immediately upon the Dâ—ssolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belongâ—ng to the same did bâ—â—â—erent Birth-right and lawful and undoubted Succession desâ—â—nd and come to His most Excellent Majesty as being lineaâ—ly justly and â—lawfully next and sole Heir of the Blood Royal of this Realm as it is aforesaid In the First of the same King there was a Conspiracy formed against him by Persons of divers Persuasions Term. Miâ— 1. Jac. kept at Winchester Watson and Clerk two Priests pleaded it could not be Treason because he was not crowned All the Judges resolved That King James being right Heir to the Crown by Descent was immediately upon the death of Queen Elizabeth actually pâ—ssâ—ssed of the Crown and lawful Kâ—ng of Eâ—gland before any Proclamation or Coronation of him which were but Ceremonies For their Treason they were condemned and executed at Winchester the 29th of November These are impregnable Proofs from thâ— Constitution Laws and Statutes of this Nation what the Right and Title to the Crown is and to whom the Succession is due FINIS
the Nation which shâ—ws how far the publick Good was thought to be the Measure of the Obligation of these Oaths Gâ—â— Newburgeâ—sis saith L. 1. c. 30. the Bâ—num publicum was the Foundation of this Agreement A. 1153. And M. Westminster that the King and Lords did all swear to it and a solemn Charter was made of it and kâ—pt in a most secure place HISTORY M. W stm A. D. 1153 f. 246. n. 10 Diligentia Theobaldi Archiepiscopi Cantuartensi Episcoporum râ—gni Rex Anglorum Stephanus D x Nâ—â—mannorum Hâ—nricus apud Waâ—ingford talem concordiam inierunt c. By the D ligence of Theobald Archbishop of Canterbury and the Bishops of the Kingdom the following Agreement was made between King Stephen and Henry Duke of Normandy at Walingford King Stephen not having an Heir except only Duke Henry did acknowledge in an Assembly of the Bishops and other chief Men of the Kingdom that Duke Henry had the hereditary Right to the Kingdom of England and the Duke kindly granted that King Stephen should during his Life peaceably enjoy his Kingdom The Agreement was so co firmed that the King him elf and the Bishops then present with the rest of the best Men of the Kingdom sware that Duke Henry after the Death of the King if he should outlive him should enjoy the Kingdom without all Contradiction Oâ— which Agreement there was a Charter made which was kept in a most secure place Ibid. n. 20. This is what the Historian hath in both places cited by the Author The whole Charter is in Brompton Brompton col 1037. n. 60. and begins thus Stephanus Râ—x Angliae Archiepiscopis Episcopis Abbatibus Comitibus Justitiariis Vicecomitibus Bâ—ronibus omnibus fidelibus suis salutem Sciatis quod Ego Rex Stephanus Henricum Ducem Normanâ—â—ae post me Successorem regni Angliae hae edem meum jâ—re haereditario constitus sic e haeredibus suis regnum Ang iae donavi consiâ—mavi Dâ—x vero propter hunc honorem Donationem Confirmationem sibi a me factam Homagio michi Sacramento securitatem fecit scilicet qâ—od fidelis mâ—chi erit vitam honâ—rem meum pro suo posse custodiet per Convâ—ntiones inter nos praelocâ—tas quae in hac Charta continentur Stephen K ng of England c Know ye that I have appointed Henry Duke of Normandy Successor of the Kingdom of England after me and my Heir by hereditary Righâ— and so have given and confirmed the Kingdom of England to him and his Heirs For which Honour Donation and Confiâ—mation made by me to him he gave me Security by Homage and Oath that he would be faithful to me and preserve my Life and Honour to the utmost of his power according to the Agreements made by us which are contained in this Charter Neubrigensis speaking of this Treaty says L. 1. c 30. p. 104. In Paris Ed. 1610. Pâ—acuâ—t inter eos that is the King and Duke solemne salubre colleqâ—ium celebrari ubi amicis mediantibus circa bonum publicum pia prudenti provisione satagentibus pâ—x inter eos caute formata solide firmata est Tâ—ey agreed to have a solemn and wholsome Treaty where by the Mediation of Friends having a pious and prudent respect to the common Good a Peace was warily made and solidly confirmed Ibidem p. 105. Quibus Deo propitio salâ—briter actis Rex Angliam Anglia pacem recepit annis enim jamplurimis fere nudo regis nomine insignis tunc recipere visus est hujus rem nominis quasi tunc primo regnare coepit quia tunc primo purgata Invasionis Tyrannica macula legitimi principis justitiam induit Which things being done by God's Assistance the King received England and England received Peace for having had the bare name of King for many Years now he enjoyed the thing it self and began then first to reign because then the Blot of Tyrannical Invasion being first wiped out he exercised the Justice of a lawful King The Author 's further Words about this Accord p. 22. And thus the Oaths of Allegiance were continued to one that had no Right for his Life and made to one who predended to no R ght but after his Mother who was set aside in this Agreement for we never read that she was present at the Agreement or resigned her Right to the Crown So that here were three Oaths of Allegiance at once that to Maud the Empress that to King Stephen and to Henry II. and yet the general Good of the Nation must give an equitable Sense of these Oaths or there must be Perjury on all sides The Answer to what the Author says about this Agreement and the Exclusion of Maud c. By this Accord it was owned by King Stephen Bishops and Barons which were then the Parliament or Colloquium as the Author confesseth that thâ— hereditary Right was in Duke Henry and he granted that King Stephen during his Life should peaceably enjoy his Kingdom And if the Right was in Henry might he not recede from it if he pleased And the Agreement says he did during Stephen's Life This Retrocession made the Bishops and Barons Oaths to the Agreement lawful and if he had not some testimony of a Cession or Resignation by and from his Mother though not mentioned in the Agreement this Convention could not upon Stephen's Acknowledgment only have own'd his hereditary Right upon Oath And that by Cession or some other way she did quit and leave her Right to govern to her Son 't is most probable from what follows Mâ—nd the Empress Malmâ—b f. 104. a.n. 10. upon the death of her Father and the Invasion of Stephen on the 30â—h of September in the Year 1139 came into England with her Brother Robert and managed the War against him in her own Person her Son being but a Child He was born A.D. 1133. and her Husband engaged in the Defence of Normandy Anjon c. against the King of France Her three great Supports were her half Brother Robert Earl of Gloucester Ranulph Earl of Chester and Milo Earl of Hereford the last Chaon Gervas Col. 1359. n. 10 Col. 1361. n. 10. Col. 1362. n. 10. lin 1. to her very great Grief died in the Year 1143. the second made his Peace with King Stephen 1145. and the first Robert Earl of Gloucester died in the beginning of November in the Year 1146. of an high Fever after he had sent Henry then being about thirteen Years of Age over to his Father into Normandy After the loss of these Friends and Supports the Empress Ibidem Col. 1363. lin 1. wearied out with these Commotions and Wars in England before Lent in the Year 1147. passed over into Normandy chusing rather to live there with her Husband in Peace than undergo so many Troubles In the Year 1149. Ibidem Col. 1366.
carried away the Inhabitants Prisoners The Norman Histories abound with these Stories Ordericus Vitalis in the Lives of Rufus Henry I. and this King Stephen especially hath many Relations of such inhumane Ravages And even at this very time the Norman Commanders and Soldiers and other Foreigners as well of Maud's as Stephen's Party practised the same Barbarities in this Nation The Country or Husbandmen such as ploughed and sowed such as cultivated Towns and Villages and the Inhabitants thereof were given to the Soldiers as their Wages and were sold with their Goods and Substance Contin ad Flor. Wig. f. 672. Militibus in stipendium dantur venunduntur vicorum villarum cultores habitatores cum rebus suis universis ac substantiis Cambden Brit f. 199 200. In this King's Reign there were in England so many Tyrants as there were Lords of Castles and many Flemings and Britains flocked to him from beyond Sea who were accustomed to live by plundering that came into England in expectation of geat Booty Malmsb. fol. 105. a. n. 20. Sub Stephano plures ex Flandria Britannia rapto vivere assueti spe magnarum praedarum Angliam involabant England was then made a Prey to all Invaders and Villains But the Author tells us that the general Good of these inhumane People did give an equitable Sense to the Oaths then taken If it were not as he says there must be Perjury on all sides for those who had first sworn to Maud could not transfer their Allegiance on any other Account that is of the general Good c. either to Stephen or Henry II. during her Life What was thought of the Perjury of those Times and especially of the Perjury of his three Bishops who were all Nâ—rmans which the Author calls transferring of Allegiance will be evident from the following Testimonies f. 221. a. n. 5. Henry Archdeacon of Hâ—ntington who lived and wâ—ote at this time and continued his H stâ—ry only unto the Year 1154 tells his Readers That in Succession of the most flâ—gitious time in which the Rage of the Norman Fury appeared whatsoever Henry hâ—d dâ—ne tyrannically or royally in comparison of worse things seemed to have been the best for immediately upon his death Stephen Vir magnae strenuitatis audacâ—â—e a Man of great Confidence and Boldness though he had sworn Fealty to the Daughter of King H nry fretus tamen vigore imp dentia furnished with Râ— olution and Impudence regna dâ—â—â—â—ma Dâ—um tentaâ—s invasit tempâ—ing God 〈◊〉 6. lin 1 c. invaded the Crown But alas Wil iam Archbishop of Canterbury who fiâ—st made Oath to the Daughter of Henry cr wned him for which Act God appointed the same Jâ—â—gment for him which he had done to the High Priest Jeremias â—hat is to say that he should not live a â—â—aâ— after Gul. Neub l. 1. c 4 p. 18 19. Cum ergo ut praedictum est â—ex ld â—ricus obâ—â—sset idem Stephanus Sacramentâ—â— q â—â— fiâ—â—ae ejus de conservanda fiâ—â—tate pâ—aesticerat p aevaricator regnâ—m arripuit Therefore as hath b en said when K ng Henry died Stephen bâ—â—ke his Oath of Fealty made to his Daught r and seized the Kingdoms the Bâ—shâ—ps and great Men that were bound by the same Oâ—th giving their Assi ance Archiepiscopus qâ—idem eâ—usdâ—m ut creditur perjuria merito ipso prâ—varicationas anno defecit And truly the Archbishop as it was believed for the same Câ—me of Peâ—jury left the World within a Year Ibid. p. 19. Stephanus ergo ut contra jus humanum pariter divinâ—m humanum scâ—â—icet quia legitimus heres non erat divinum id est violata jurisjurandi religione sublimaretur in regem pactus est quaecunque praesules proceres exigere voluerunt Stephen therefore because he was made King against both humane and divine Laws humane as not being the lawful Heir divine as having violated his Oath promised and agreed to do whatsoever the Bishops and Great Men exacted of him As to Roger Bishâ—p of Saâ—isbury if we may believe Malmsbury he sware to Maud what â—he never intended to perform The Testimony is from what the Hi â—orian heard him say Malmsb. f 99. b. n. 10. Ego Rogerium Saâ—esberiensem Episcopum saepâ—e audâ—vi dicentem solutum se a Sacramento quod Imperatrici fecerat c. I have often heard R ger Bishop of Salisbury say he was free from the Oâ—th he had made to the Empress becaâ—se he made it upon condition that the King should not marry his Daughter to a Stranger out of the Kingdom Nec vero haec ita dixerim quod credam vera fuisse verba hominus qui se unicuâ—que tempori pro volubilitate fortunae accommodare nosset Neither have I said these things that I b lieve the Mâ—n's Words to be true who knew how to comply with all Times and accommodate himself to every Turn of Fortune This Roger was an illiterate Pâ—iest Gul. Neub l. 1. c. 6. who got his Living by his saying M ss in the Suburbs of Caen in Normaâ—dy King Henry took him to be his Chaplain because he was ready at h s Office and a cunning crafty Man and promoted him to the Bishoprick of Saâ—â—bâ—â—y and not only so but committed to him the publick Administration of Secular Affairs Vt esset non tantum in Ecclesia magnus sed etiam in regno a rege secundus So as he was not only great in the Church but second or next to the King in the Kingdom Sed râ—ge defuncto Ibid. qui ei tantae in seculo claritatis author extiterat circa legitimos ejâ—s haeredes infidâ—s ut Stephanum sacramento illo aeque astrictum alliceret non est veritus incurrere perjurium verâ—m etiam aliis insigne pejâ—â—andi praestruxit exemplum But the King being dead who had made him so glorious in the World he proved unfaithful to his lawful Heirs that he might please Stephen who was bound by the same Oath did not only commit Perjury himself but became a famous Example to others to do the like As to the Third Henry Bishop of Wâ—nchester the Pope's Legat who was first mâ—de Abbot of Gâ—astenbury and then p omoted to that See by K ng Henry There needs no more to be said of him than that he first sware to be true to Maud and to maintain her Title after her Father's death yet used all the Endeavour that he could to set up his Brother Stephen by making the Clergy who then ruled all for him and then sware to be true to him When Stephen was beaten and made Prisoner by Maud he lefâ— him and sware again to Maud and when he was at liberty he left Maud and made Oath of Fealty to him again and continued Pope's Legat all the time The Conclusion of the Answer to this Instance shall be the Judgment and Opinion of Mr. Pryn in this very Case in
his Concordia Discors P. 33 34. first printed 1659 and reprinted 1683. The perfidious Vâ—olation of the Oath made to Maud in crowning Stephen after King Hâ—nrys death brought exemplary Judgments on the wilful Violators thereof and a bloody long lasting Civil War within the Bowels of the Realm between Maud her Son Henry and the Usurper Stephen to the great Oppression Devastation and Desolation of the Publick and People as our Hiâ— orians observe Hollinshed v. 3. f. 46. All the Good they hoped for by disinheriting Maud and crowning Stephen upon their own Terms against his own and their Oaths becoming void and null by his Perfidiousness through Divine Justice which will never permit any good things to spring out of such enormous Evils as Perjury and Treachery which produced sundry Judgments and Civil Wars never ceasing till Henry the right Heir was restored to the Crown by a friendly Agreement the only probable speedy way now to end our present Wars oppressions distractions Military Government and restore Peace and Prosperity in our Nations As to his Instance about Oaths taken during the Controversies between the Houses of York and Lancaster a true Transcript of the Parliament-Rolls will be the bâ—st and plainest Answer which here follows Memorand that the xvj day of Octobre Rot. Parl. 39 H. 6. n. 10. the ix day of this present Parlement The Counseill of the right high and mighty Prince Richard Duc of York brought into the Parlement chambre a Writeing conteigning the cleyme and title of the right that the seid Duc pretended unto the Coroâ—es of Englond and of France and Lordship of Ireland and the same Writeing delivered to the right reverent fadre in God George Bishop of Excâ—stre Chauncellour of Engâ—ond desiring him that â—he same writeing might be opeâ—ed to the Lordes Spirituelx and Temporelx assembled in this present Parlement Aâ—d that the seid Dâ—c myght have brief and exp dient answere thereof wheruppon the seid Chauncellour opened and shâ—wed the seid desire to the Lordes Spirituelx and Temporelx askyng the Ques ion of theym whether they wold the seid writeing shuld be openly radde before them or noo To the which Question it was answâ—red and agreed by all the seid Lordes Inasmuch as every persone high and lowe saying to this high Court of Parlement must be herd and his desire and peticion understand that the seid writeing shuld be radde and herde not to be answâ—red without the King's Commaundement for so much as the matter is so high and of so grete â—â—ght and poyse which writeing there than was radde The tenour whereof followeth in these words It is not to be forgotten n. 11. c. as in Numb 19. followeth And afterward the xvij day of Octobre n. 12. the x day of this present Parlement the seid Chauncellour shewed and declare to the seid Lords Spirituelx and Temporelx being in the same Parlement how that the Counseill of the seid Duc of York gretly desired to have answer of such writeing as upon the xvj day of Octobre last passed was put into this present Parlement on the behalf of the seid Duc and thereupon asked the seid Lordes what they thought was to be doon in that mâ—tier To the which Question it was answered and thought by all the said Lordes That the matter was so high and of such might that it was not to eny of the King 's Sâ—bgeâ—â—s to enter into communication thereof without his high commaundement agreement and assent had therto And feâ—thâ—rmore forasmuch as the seid Dâ—c dâ—sired and required brief and unâ—â—â—aied answere of the seid wryteing and in eschneing and avoyding of gâ—ete and manyfold inconveniences that weren lykly to ensue if hastly provision of good answere in that behalfe were not had it was thought and agreed by all the Lordes that they all shuld goe unto the King to declare and open the seid matier unto hâ—s Highness and to understand what his good Gâ—ace wold to be doon se ther therin And the uppon incontinent all the seid Lordes Spirituelx and Temporelx went unto the King 's high pâ—eâ—ence and therunto openâ—d and declaâ—ed the seid matâ—er by the mouth of his seid Chauncellour of England and the seid mateâ—r by the King's Highness herd and conceyved It pleased him to pray and câ—mmand all the seâ—d Lordes that they shuld sâ—che for to fynde in as mâ—ch as in them was all such things as mâ—ght be objecte and laide aâ—enst the cleyme aâ—â— title of the seid Duc. And the seid Lâ—rdes bâ—â—aught the King that he wold remember him yf he myght fynd eny resonable matier that myght be objected ayenst the seid cleym and title in so moche as his seid Highness had seen and understonden many divers Writeings and Chronicles wheruppon on the morne the xviij day of Octobre the xj day of this present Parlement the foreseid Lordes sent for the King's Justices into the Parlement-chambre to have their Avis and Counseill in this behalf and there delivered to them the writeing of the cleyme of the seid Duc and in the King's name gave them straitely in commaundement sadly to take avisament therin And to serche and find all such objections as myght be leyde ayenst the same in fortefying of the King 's right Whereunto the same Justices the Monday the xx day of Octobre then next ensuing for their aunswere upon the seid writeing to them delivered seiden that they were the King's Justices and have to determine such matiers as come before them in the Law between partie and partie they mey not be of Counseill Anâ— sith this matier was betweene the King and the seid Duc of York as two paâ—ties and also it hath not be accustumed to calle the Justices to Counseill in such matiers and in especiall the matier was so high and touched the King's high Estate and Regalie which is above the law and passed their lerning wherefore they durst not enter into eny communication thereof for it perteyned to the Lordes of the King's blode and thapparage of this his lond to have communication and medle in such matiers And therefore they humble by sought all the Lordes to have them utterly excused of any avyce or counseill by them to be yeven in that matier And then the seid Lordes considering the aunswere of the seid Juges and entending to have the avice and good counseill of all the K ng's Counseâ—llours sent for all the King's Sergeauâ—ts and Attournay and gave theym straight commaundement in the King's name that they sadly and avisely shuld serche and seke all such things as might be best and strengest to be allegged for the King's availe in objection and deferyng of the seid title and cleyme of the seid Duc. Whereunto the seid Sergeaunts and Attourney the Wensday then next ensuring answered and seiden that the seid matier was put unto the King's Justices and how the Monday last passed the same Justices seiden and declared to the seid Loâ—des that the seid matier
of the seid Duc and of more auctorite then eny Cronicle And alsoe of auctorite to defete any maner title made to eny persone And also where 't is said that it is to be leyde ayenst the seâ—â—e title dyvers entailles made to the heirs males as for the Corone of Englond as it may appear by divers Cronicles and Parlements The sâ—id Richard Plantaginâ—t aunswereth and saith that in trouth ther been noo such actes and tailles made by eny Parlement herebefore as it is surmysed but only in the vijth year of King Herry the fourth a certeyne act and ordinaunce was made in a Parlement by him called wherein he made the Reaâ—mes of Englond and Fâ—aunce amongs others to be unto him and to the heirs of his body comyng and to his iiij sonnes and the heires of their bodies commyng in maner and forme as it appereth in the same act And if he myght have obteigned and rejoysed the seid Corones c. by title of inheritaunce discent or succession he neither neded nor wold have desired or mâ—de them to be graunted to him in such wise as they be by the seid acte The which taketh no place nother is of eny force or effect ayenst him that is right enheritor of the seid Corones as it accordeth with Godd's lawe and all natural lawes how it be that all other actes and ordinaunces made in the seid Parlement and sithen been good and sâ—ffisant ayenst all other persones n. 16. Item Where it is thought that if the seid Duc shuld make any title or cleyme by the line of Sir Leonell he shuld bere the Armes of the same Sir Leonell and not the Armes of Edmund Langley late Duc of Yâ—â—k The seid Duc aunswereth and saith that trouth is he myght lawfully have borne the Armes of the seid Sir Leonell here bisore and also the same Armes that King Edward the third bare that is to say the Armes of the Reaumes of Englond and of Fraunce but he absteyned of beryng of the seid Armes like as he absteigned for the tâ—me of purposyng and pursuing of his right and title c. for causes not inknowen to all this Reaume for though right for a time rest and bee put to scilence yet it roteth not ner shall not perish n. 17. Item Where it is alleged ayenst the title of the seid Duc that the seid Herry of Derby at such tyme as he toke uppon him the Corone of Englond said that he entred and toke the same Corone uppon him as right enheritour to King Herry the third and not as a Conquerour The seid Duc therto saith that such saying of the seid King Herry the fourth may in noo wise be true and that the contrarie therof which is trouth shall be largely ynough shewed approved and justefyed by sufficiaunt auctorite and matier of record And over that that his seid saying was oonly to shadow and colour fraudulently his seid unrightwyse and violent usurpation And by that moyen to abuse deceyvably the people stonding about him Item The Saturday n. 18. the xvij day of this present Parlement it was shewed unto the Lords Spirituelx and Temporelx being in this present Parlement by the mouth of the seid Chaunceller that the seid Duc of York called besily to have hasty and spedy aunswere of such matiers as touched his title aboveseid And how that for as moche as it is thought by all the Lordes that the title of the seid Duc cannot be defeted and in eschewing of the grete inconvenients that may ensue a meane was found to save the King's honour and astate and to appease the seid Duc if he wold which is this That the King shall keep the Corones and his â—state and dignity roiall duryng his lyfe and the seid Duc and his heirs to succede him in the same Exhorting and stering all the seid Lordes that if eny of them cowde finde eny other or better meane that it might be shewed whereuppon after sad and ripe communication in this matier had it was concluded and agreed by all the seid Lordes that sith it was soo that the title of the seid Duc of York cannot be defeted and in eschuing the grete inconvenients that myght ensue to take the meane above-rehersed The othes that the seid Lordes had made unto the King's Highness at Coventre and other places saved and their consciences therin clered and over that it was agreed by the seid Lordes that the seid meane shuld be opened and declared to the King's Highness And forthwith they went towards the King where he was in his Chambre within his Palice of Westminster and in their goyng out of the Parlement-chambre the seid Chaunceller asked of the seid Lordes that sith it was soo that the seid mean shuld be opened by his mouth to the King 's good Grace yf they wold abide by him howsoever that the King toke the matier and all they aunswered and said Yee All these premisses thus shewed and opened to the King's Highness he inspired with the grace of the Holy Goost and in eschuying of effusion of Christien blode by goode and sad deliveration and avyce had with all his Lordes Spirituelx and Temporelx condescended to acord to be made betweene him and the seid Duc and to be auctorized by thauctoryte of this present Paâ—lement The tenour of which accord hereafter ensueth in maner and forme following Concordia facta inter Regem p aefatum Dâ—cem n. 19. Blessed be Jesu in whos hand and bountie restith and is the peas and unitee betwixt Princes and the we le of every Reaume thurgh whos direction agreed it is appointed and accorded as followeth Betwixt the moost mighty Prynce King Hâ—rry the sext King of Englond and of Fraunce and Lorde of Irelond on that oon partie and the right high and mighty Prince Richard Planâ—aginet Duc of York on that other partie upon certaine matiers of variaunce moeved betwixt them and in especiall upon the cleyme and title unto the Corones of Englond and of Fraunce and roiall power estate and dignite apperteigning to the same and Lordship of Irelond opened shewed and declared by the seid Duc afore all the Lordes Spirituelx and Temperelx being in this present Parlement The seid agrement appointment and accord to be auctorised by the same Parlement This is the same verbatim with the Writing put inâ—o the Parliament n. 11. First Where the seid Richard Duc of York hath declared and opened as above his seid title and cleyme in manere as followeth That the right noble and worthy Prince Herry King of Englond the third had issue and leefully gate Edward his first begoten Sonne born at Westminster the XV Kalends of Juyll in the Vigill of St. Marc and Mercellian the yere of our Lorde MCCXXXIX and Edmund his secund Sonne which was borne on St. Marcell day the yere of our Lorde MCCXLV The which Edward afâ—er the deth of the seid King Herry his Fader entitled and called King Edward the
nor enter into Communication thereof without the King's Command Agreement and Assent 5. The King consented and prayed and commanded the Lords to search and find out what might be opposed to the Duke's Claim and Title 6. They sent for the Judges to advise what might be said against the Duke to fortifie the King's Right 7. The Judges excused themselves for that the matter was so high and touched the King's high Estate and Regality which was above the Law and passed their Learning wherefore they dare not enter into Communication thereof 8. The Loâ—ds upoâ— this Answer of the Judges sent for the King's Serjeants and Attorney and gave them the same Command who made the same Excuse the Judges had done but the Lords would not take it Whereupon the Articles and Reasons against the Duke's Claim and Title were exhibited n. 13. 9. The Authour p. 22 23. That in the Articles and Reasons against the Duke's Claim and Title theâ—e is not the least word of Phileppe's being illegitimate or that her Fâ—ther was divorc'd from her Moâ—her nor is there the least mention that the House of Lancaster claimed by Prescription of sixty years Possession which comes from Doâ—eman and the Authour is to find out both these things in the Parliament Rolls or be guilty of downright Falshood for he reports them both as pleaded against the Duke's Title As to the first there needed no other Argument if it had been insisted on and could have been made good And as to the second neither was it insisted on or mentioned as was said before and if it had Nâ—llum tempus occurrit Regi would have been a sure Rule in this Case For it is absurd to think that Prescription at least so shâ—â—t a Prescription as this could justifiâ— a wrong and make a Title in this Case for there is another Rule of Law Non confiâ—matur Tractu temporis quod de jure non subsistit no length of time makes that lawfull which was not so from the beginning If there be a right Heir of the Crown that claims or else would claim but that he wants either notice of his Right and Title or Power to make it good or forbears to claim for other sufficient Reasons Vide n. 16. here Prescription signifies nothing 10. It was allowed at least not contradicted that all Persons and namely the Peers and Lords might and by the Laws or God and Man ought to help and assist him in Truth and Justice n. 14. 11. It was the Judgmeâ—t of all the Lords that the Title of the Duke which was onely Succession by Birthright and Proximity of Bloud could not be defeated 12. That Richard Duke of York was by King Henry and the Lords acknowledged as very and rightfull Heir to the Câ—own and that he was so to be called 13. That the mean found out to save the King's Honour and appease the Duke if he would was not or could be imposed or forced upon him but he was at liberty to accept or refuse it and was no ways bound but by his own coâ—sent n. 18. 14 The Oath that Richard Duke of Yâ—rk took was in pursuance of the Agreement and any man may lawfully take an Oath to make good a Bargain where no man receives Injury but himself and so with his consent that is injured any other Person concerned in the Agreement may swear to the observation of it Pag. 24. Lastly The Weal Rest and Prosperity of the Land which the Authour calls the Publick Good followed this Agreement and the Reason was that the Câ—own was restored to the right Heir whereupon all Murmuring Hatred Sâ—â—â—e and Contention amongst the People and Evil-will and Contrivances againsâ— one another ceased These are all the Instances the Authour useth yet two are wanting the Successions of Edward III. and Hen. IV. but seeing he may have peruâ—ed an excellent Treatise bearing the Title of the Grand Question he may haply be convinced by what the learned Authour hath said Pag. 80 81 83 85 86. that they were both Vsurpers the first during his Father's Life the second from the very time he took upon him Kingship The Authour's Words p. 29 30. There are three sorts of Persons may be said to have Possession of the Crown an Vsurper a King de jure and a King de facto and because the Distinction betewen these doth not seem to be well understood I shall briefly explain it 1. An Vsurper is one that comes in by force and continues by force 2. A King de facto is one who comes in by consent of the Nation but not by virtue of an immediate hereditary right 3. A King de jure is one who comes in by Lineal Descent as next Heir and whose Right is owned and recognised by the Estates of the Realm The Authour may make what verbal frivolous Distinction he pleases between a King de facto and an Usurper yet de facto they are the very same Let him shew an Example in this Nation if he can of a King de facto set up without an Army or Force or of an Usurper that came in by Force who did not make the Nation own him and though he took upon him the Name and Title by force and the assistance of a Party yet afterwards made the States and People consent to it Was not Edward II. made Prisoner by an Army and afterward deposed and Edward III. in his Father's lifetime set up by such as were under the power of that Army And Henry IV. set up by such as acted and were under the power of that Force Our Laws make no difference betwen an Vsurper and a King de facto according to the Author's description The Author's Words pag. 32. A King de facto according to our Law as I said is one in quiet possession of the Crown by Consent of Parliament without hereditary Right such as Henry IV. V. VI. VII were all thought to be by those who made this Distinction For as far as I can find the Distinction of a King de facto and de jure was then started when the House of York so much insisted on their hereditary Right and so many of our Kings had governed the Kingdom by Consent without it therefore the Lawyers to find a sufficient Salvo for the Kings of the House of Lancaster framed this Distinction of Kings de facto and de jure Records Law and History Rot. Parl. 1. Ed. IV. n. 8. In the First of Edward IV. the Commons exhibit a Petition in Parliament wherein they set forth his Title by Birth-right and Proximity of Blood and say Richard II. was lawfully rightly and justly seated and possessed of the Corone of Englond Roiall Power Estate Dignite Pre-eminence Governaunce and Lordship of Irelond and the same joyed in rest and quiet without interruption or molestation Ibid. n. 9. unto the time that Henry late Eâ—le of Derby sonne of John of Gaunt the fourth goten sonne of King