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

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King of Spain Duke of Guise in France Duke D'Alva in the Netherlands the Fugitive English c. abroad And at home frequent Conspiracies to deliver the Queen of Scots out of Prison Attempts upon the Queen's Person the Rebellion in the North by the Earls of Northumberland and Westmerland the Match of the Duke of Norfolk with the Queen of Scots her Usurpation of the Crown of England with the Title and Arms thereof and the Bull of Pope Pius the Fifth by which he declared her a Heretick c. and impiously and without any Authority other than Papal Tyranny deprived her of her Title Dominions and Kingdoms and absolved all her Subjects from their Obedience and Allegiance All these but more particularly the Pope's Bull and the Conspiracy of Norfolk created much trouble in the mind of Queen Elizabeth And she sent to the Queen of Scots Cecyl and Sir Walter Mildmay to consult with her by what means most conveniently the Dissentions of Scotland might be compounded her self restored and Queen Elizabeth and her young Son safe and secure Amongst the Propositions made to obtain these ends these were two That the Queen of Scots should renounce her Title and Claim as long as Queen Elizabeth and the Children lawfully born of her Body should live That if the Queen of Scots should attempt any thing by her self or any other against Queen Elizabeth she should ipso facto forfeit all her Right and Title she claimed to England To which the Deputies of the Queen of Scots Lieutenants answered That the Title should be renounced as long as Queen Elizabeth lived And That the Queen of Scots should be excluded from all Right of Succession in England if she attempted any thing against the Queen of England ' s Right so as if the Queen of England would be likewise bound in some equivalent Penalty if she should attempt any thing against the Queen of Scots There was no Agreement upon these and other Propositions then made because the Scots-Deputies thought thorn too hard and severe and not to be assented unto without the greatest Inconveniencies imaginable And thence followed new Designs and Contrivances for the Relief of the Queen of Scots c. The Marriage of the Duke of Norfolk with the Queen of Scots was first propounded by her great Enemy the Regent Murray and afterwards carried on by the Earls of Arundel Northumberland Westmerland Sussex Pembroke and Southampton with many Barons and by the Earl of Leicester himself who with his own hand drew up Articles which he sent to the Queen of Scots in number six two whereof were That she should do nothing which might be prejudicial to the Queen of England or to the Children born of her in the Succession of the Kingdom of England That she should revoke her Assignment of the Kingdom of England to the Duke of Anjou The occasion of this Article was that Murray had reported that the Queen of Scots had made over her Title to England to the Duke of Anjou and that her Conveyance was confirmed at Rome which the Queen utterly denied And it was afterwards discovered to be an invention of Murray's to alienate Queen Elizabeths mind from her To obviate all these Mischiefs and Designs The Queen and her private Ministers the Earl of Leicester Lord Burleigh and Sir Francis Walsingham thought fit to improve the insinuation and Overture of a Match made by the Queen Mother of France but not very vigorously pursued untill the Year 1571. 13 Eliz. and in the time of the Sitting of the Parliament of that Year though 't was not in that Assembly or their Journals taken notice of it being secretly managed by order of the Queen by her two then great Confidents the Earl of Leycester and the Lord Burleigh by the Mediation of Sir Francis Walsingham then Embassador in France Whether Leycester meant honestly and seriously in this Affair I cannot determine he made great Professions that he did the then Posture of Affairs being represented to him by Walsingham in a Letter dated from Paris May 14. 1571. in these Words MY very good Lord The Protestants here do so earnestly desire this Match and on the other side the Papists do so earnestly seek to impeach the same as it maketh me the more earnest in furthering of the same Besides when I particularly consider her Majesties Estate both at home and abroad so far forth as my poor Eye-sight can discern and how she is beset with Forreign Peril the Execution whereof stayeth only upon the Event of this Match I do not see how she can stand if this Matter break off No particular Respect as God is my Witness moveth me to write thus earnestly but only the Regard I have to God's Glory and Her Majesties Safety Your Lordships to command Fr. Walsingham How necessary this Match was at this time for the safety of the Queen and Nation we have the Opinion of this great Statesman and Minister with whom Leycester and Burleigh concurred in Opinion as appears by their several Letters relating to these Transactions And since the French in the Sixth Article delivered in by the French Ambassador the Thirteenth of April 1571. propounded the Succession to be secured to the Issue of this Marriage according to the Laws and Customs of the Realms to which Queen Elizabeth according to the common Opinion of the Understanding Men of those Times not having Right by Inheritance or Proximity of Blood might think by this Act of Parliament that in effect doth grant the general Surmise to make good her Title and by this way and means to notifie it to be according to the Laws and Customs of the Realm For the Duke of Anjou could not but have notice of the pretended Defectiveness of her Claim though not mentioned in the Treaty and therefore this might haply be done as much as could be to meet with and satisfie that Objection if it should be made and that this might be a private though none of the great Considerations of procuring and passing this Act. He that will but observe these Particulars of History and will take the pains to compare them with this Act may easily perceive it was made as a Provision against such things pretences and attempts for the future during Queen Elizabeths Reign as had then been done used and practised it being then doubted whether the Laws and Statutes of this Realm then in force were sufficient for the Preservation of the Queens Person The Title of the Act is An Act whereby certain Offences are made Treason And the Bill in the Commons Journal was called A Bill for Treasons The Preamble upon the Parliament-Roll is Forasmuch as it is of some doubted whether the Laws and Statutes of this Realm remaining at this present in force are vailable and sufficient enough for the Surety and Preservation of the Queens most Royal Person in whom consisteth all the Happiness and Comfort of the whole
and that her Majesty minded not by any Implication or drawing of Words to have the Scotish Queen either inabled or disinabled to or from any manner of Title to the Crown of England and willed That the Bill be drawn and penned by her Learned Counsel before the same be treated of in the House and that in the mean time of bringing in of that Bill the House enter not into any Speeches or Arguments of that Matter With the Journal agrees a Passage in the Lord Burleigh's Letter to Sir Francis Walsingham the Queens Embassador in France July 2. 1572. two days after the Parliament was Prorogued Now for our Parliament I cannot write patiently All that we laboured for and had with full Consent brought to fashion I mean a Law to make the Scotish Queen unable and unworthy of Succession of the Crown was by her Majesty neither assented to nor rejected but deferred until the Feast of All Saints But what all other good and wise Men may think thereof you may guess Some here have it seemeth abused their Favour about her Majesty to make her self her most Enemy God amend them I will not write to you who were suspected I am sorry for them and so would you also if you thought the suspicion to be true Your assured Loving Friend Will. Burleigh This Parliament did not meet again until the Eighth of February in the Eighteenth year of the Reign of Queen Elizabeth unless there be any better Authority than Mr. Pulton's in his Statutes to make it appear that it did And although there never was greater fear and danger of the Introduction of Popery and Arbitrary Power by reason of the Queen of Scots Religion her Pretences and Practices and the expectation of great Assistance from abroad and at home than at this time yet we find not those that were suspected to have advised the Queen this great Affair to have been branded by Publick Vote as Betrayers of the Queen the Protestant Religion and the Kingdom of England Promoters of the Scottish Interest and Pensioners to Scotland This is a faithful Relation of the Succession Whether I have fairly or partially cited the Records and Histories I have used any Man if he please may inform himself Whether it be expedient just or lawful to go about to interrupt the lawful Succession by Birth-right or to endeavour to break or vacate the Laws and Customs of the Nation by which it is Established and Governed without any Motion Sollicitation Procurement or Intention of the present true and lawful King by Birth-right for and upon the Suggestions in the Bill mentioned I leave to the Consideration of Wiser Men than my self In smaller Matters than this it was said Nolumus Leges Angliae mutare A Paralel or Comparison between some Citations in the Author of the Brief History of Succession c. And the Words of the Authors themselves Author of the Brief Hist fol. 1. in the Margin EDwardum Elegerunt Electum consecraverunt in Regem unxerunt Sim. Dunelm An. 975. f. 160. Fol. 3. in the Margin Hic Robertus semper contrarius adeo innaturalis extiterat Baronibus Regni Angliae quod plenario consensu Consilio totius Comunitatis Regni ipsum refutaverunt pre Rege omnino recusaverunt Henricum fratrem in Regem erexerunt Hen. de Knighton c. 8. 2374. Fol. 4. In the Notes in the middle of the Folio In Conventu Episcoporium aliorum de Regno optimatum Mat. Westm f. 246. an 1153. Fol. 4. In the Margin Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae Episcopi Abbates Comites Barones Vice-Comites Praepositi Aldermanni cum Fidejussoribus Gervas Hen. 2 fol. 1412. And fol. 4. in the Body of his History says This was a Parliament in which Henry the Second procured his Son Henry to he declared King together with himself by their consent Brief History fol. 5. in the Margin Post tam Cleri quam Populi solennem debitam electionem Rad. de Diceto fol. 647. Ibid. f. 5. In the Body of the History King John applies himself to the People for a more sure Title d who being summoned together chose him King Ibid. in the Margin d Praelatorum Comitum aliorum Nobilium infinita a multitudine Brompt 1281. Fol. 10. in the Body of the History Please it your Grace to understand the Consideration Election and Petition of the Lords Spiritual and Temporal and Commons c. Cot. Rec. fol. 709. This is all considerable which he cites out of this Record Fol. 11. in the Body of the History In the 25th Year of Henry the Eighth an Act passed wherein the Parliament in the Preamble say They were BOUNDEN to provide for the perfect Surety of the Succession They did not certainly reckon themselves bound to do a thing that was not in their Power Stat. 25 H. 8. c. 22. Sim. Dunelm Anno 975. col 160. n. 40. EDwardum UT PATER SUUS PRAECEPERAT Elegerunt Electum consecraverunt in Regem unxerunt Hen. de Knighton col 2374. c. 8. n. 10. Iste Robertus semper contrarius adeo innaturalis extiterat Baronibus Regni Angliae quod plenario Consensu Consilio totius Comunitatis Regni IMPOSUERUNT EI ILLEGITIMITATEM QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS UNDE UNANIMI ASSENSU SUO ipsum refutaverunt pro Rege omnino recusaverunt Henricum fratrem ejus in Regem erexerunt Mat. Westm f. 246. an 1153. n. 10. Rex Stephanus omni haerede viduatus praeter solumodo Henricum Ducem recognovit in Conventu Episcoporum aliorum de Regno optimatum Quod Dux Henricus jus haereditarium in Regnum Angliae habebat Dux benigne concessit ut Rex Stephanus tota vita sua suum Regnum pacifice possideret Chronica Gervasii col 1412. lin 4. Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae Episcopi Abbates Comites Barones Vice-Comites praepositi Aldermani cum Fidejussoribus suis timentes valde omnes Quisque juxta conscientiam suam metuebat nesciebunt enim Quid Rex statuere decrevisset ipsa die Henricum filium suum qui eadem septimana de Normannia venerat militem fecit statimque eum stupentibus cunctis mirantibus in Regem ungi praecepit coronari Not one word here or in all this story of this Author of their declaring him King Rad. de Diceto Imagines historiarum col 647. n. 40. Comes Itaque Pictavorum Ricardus HAEREDITARIO JURE PRAEMOVENDUS IN REGEM post tam Cleri quam Populi solempnem debitam electionem c. Chron. Johan Brompt col 1281. n. 40 50. Johannes ab Huberto Archiepiscopo Cantuariensi in Ecclesia B. Petri Westmonasterii INUNGITUR ET IN REGEM ANGLIAE CORONATUR ASSISTENT Prelatorum Comitum BARONUM aliorum Nobilium infinita multitudine Exact Abridgment of Records in the Tower fol 709 710 711
and her Council secretly thought of her own Personal Title Yet upon the Treaty or Marriage with the Duke of Anjon in the Answer to the sixth Article delivered by the French Ambassador it is declared that the Succession in her Kingdoms was and ought to be Hereditary according to nearness in Blood The words are Liberi ex hoc matrimonio prognati in materna haereditate succedent in regnis secundum jura consuetudines regnorum viz. primogenitus filius in Coronam quam Regina mater habet si nulli extabunt filii Masculi filioe si extabunt viz prima sola maxima natu c. Atque idem ut fiat in hoereditate paterna loequum est quomodo consuetudines locorum id ferent intelligi parest That is The Children begotten of this Marriage shall succeed in the Mothers Inheritance in the Kingdoms according to the Laws and Customs of the Kingdoms that is to say The First born Son shall enjoy the Crown which the Queen Mother hath And if there be no Issue Male the Daughters if there be any shall succeed that is to say the Eldest first and alone c. And that it is just the Succession should obtain after the same manner in the Paternal Inheritance if the Custom of the places would allow it After the death of Queen Elizabeth the Act of Recognition made Upon King James his coming to the Crown doth not take notice of the Title raised by Act of Parliament to Henry the Seventh and the Heirs of his Body But declares that he was Lineally Rightfully and Lawfully descended of the Body of the most excellent Lady Margaret eldest Daughter of this most renowned King Henry the Seventh and the high and noble Prinress Queen Elizabeth his Wife eldest Daughter of King Edward the Fourth The said Lady Margaret being eldest Sister of King Henry the Eighth Father of the High and Mighty Princess of famous Memory Elizabeth late Queen of England In consideration whereof the Parliament doth acknowledge King James their only Lawful and Rightful Leige 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 Dissolution and Deceasy of Elizabeth late Queen of England the Imperial Crown of the Realm of England and all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful and undoubted Succession descend and come to His most excellent Majesty as being lineally justly and lawfully next and SOLE HEIR of the Blood-Royal of this Realm as it is afore said And thereunto they do most humbly and faithfully submit and oblige themselves their Heirs and Posterities for ever until the last drop of their Bloods be spent What can be clearer than that the Succession to the Crown of England was always thought judged had taken and reputed to be from Nextness of Blood by the Opinion of all sober Men by Law and Custom by this and other Acts of Parliament and Statutes before cited This then being the true History and Case of Succession to the Crown of England and its being only founded upon Proximity of Blood the Author of the Brief History of Succession c. ought to have called it An History of Vsurpations Seditions and Rebellions It was written and intended for a purpose he will not own that is to shew that In the English Monarchy there is not Right of Succession but that Parliaments or Armies may set up whom they please This I confess hath been practised in this Nation and it was the main Cause of the War between the Families of Tork and Lancaster that proceeding from the Right of the one Patty and Possession of the other and the Contrarieties of Acts of Parliament was caused by the Alternate Victories of both But the doing of a thing makes it not lawful Repeated Wickedness or the frequent Repetition of Wiekedness gives no Authority to any one to commit that Wickedness as the frequency of Adulteries or Robberies doth not justifie either of them I think it 's no good Argument to say Edward the Second was deposed and murthered therefore Richard the Second might be deposed and murthered or That they were both deposed and murthered therefore Charles the First might be deposed and murthered or Because King Charles the First was deposed and murthered therefore King Charles the Second may be deposed and murthered Precedents are of force only in things lawful obscure or dubious but never in things unjust The Depositions and Murthers of Edward the Second and Richard the Second the Usurpations and unlawful Actions of Henry the Fourth and Richard the Third were in their own times condemned by all good Men even as the Actions of that Parliament began in 1641. in ours which I suppose is the reason why the Author of the Pamphlet brings not them in as a Precedent which would have served his turn better than all his other Instances But besides their impious Instances we ought to take notice of the Expressions of these Men of Jesuitical Principles They call Usurpation the Election of the People a Faction the Commonwealth the Actions of a few they impute to all They call Rebellion a just and judicial Proceeding often and open Perjury an orderly Revoking of a Sentence God's secret Judgment in permitting Injustice to prevail his owning and allowance thereof the Inconsistency and present Humour of the heedless Multitude who judge of things not by Reason or Justice but either by Opinion which commonly is partial or else by Report which is usually full of Incertainties and Errors the most part Doing because others Do all easie to be drawn in to serve any wicked and ambitious Men's Attempts they call the presumed Will and Consent of the People According to which say they the Succession of the Crown is to be directed And by these Arts they do very much impose upon their unwary Readers To this History of Succession belongs the Act of the Thirteenth of Elizabeth cap. 1. intituled An Act whereby certain Offences are made Treason which as many great and learned Persons think was upon the debate and making of it intended and designed to declare a Power in the Queen and her Successors for ever by Authority of Parliament to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of England and the Descent Limitation Inheritance and Government thereof Sir Edward Coke says Many Acts of Parliament are hardly to be understood unless the History of that time be joyned thereunto This Parliament met April 2. 1571. 13 Eliz. and was dissolved May 29. following This Parliament we see was holden in the beginning of the Year 1571. Some Years before but most especially in the Year1570 immediately preceding there had been many Practices and Seditious and Treasonable Contrivances against Queen Elizabeth by Foreign as well as Domestick Enemies By the Pope and
Titles were whispered up and down the Act of 35 Hen. 8. or this Act of Recognition were not thought sufficient to secure the Queen Elizabeth Then was this Act in the Thirteenth of her Reign made meerly either to create or strengthen her Title and not to Exclude the Queen of Scots from the SUCCESSION unless she attempted any thing against her or laid Claim to the Crown which was also in its own nature a securing Clause to Queen Elizabeth But the great Clause of Security to Queen Elizabeth in this Act was that Clause by which it was made Treason for any man to affirm that she by Authority of Parliament could not make Lawes and Statutes to bind the Succession of the Crown or that this Act or other Lawes to be made by the Parliament of England by her Royal assent for limiting the Crown and recognizing the right to be lawfully and justly in her person is not are not or shall not or ought not to be for ever of good and sufficient force This Clause was levelled against the Opinion That the Queen of Scots had the best Title which began to spread and gain much credit as well amongst the Nobility as Commons By all which it is manifest this whole Act was but Temporary and therefore we may note with Pulton that it expired with Queen Elizabeth and it was no Act of Exclusion but a Law only to secure her Person and to make and confirm unto her a Title which without Statute-Law was in it self at least doubtful And the new Clause which was added That it should be High Treason during her Life for any Person to affirm she by Authority of Parliament had not Power to bind the Crown and Succession thereof or That the Right of the Crown and Realm was not justly and lawfully in her Royal Person cannot affect the Title of a lawful Successor by Inheritance nor be brought or made use of as a Precedent to exclude him from the Succession But it may be said There is a great Forfeiture inflicted upon every Person holding and affirming after her Decease That Queen Elizabeth and a Parliament could not limit the Succession and fix the Crown upon her own Head This Clause could take no effect after her death and therefore was added to preserve her Memory from being defamed after her Death or slanderously charged with the hainous Crime of Vsurping the Crown which in must have been the inevitabble Consequence of affirming she and her Parliament could not limit the Succession For she valued much her Credit and Reputation and would seem to maintain still that he acted nothing against the Queen of Scots and therefore the Law is made in general Words against every Person or Persons whatsoever of what Degree Place Nation or Condition whatsoever that should affirm she was not in Right true and lawful Queen or that should claim the Crown c. In the Point of Succession she could never be brought expresly by Name to exclude the Queen of Scots or name any other Successor as is clear from these several Passages in Camden Dudley desirous by all means to oblige and obtain the Favour of the Queen of Scots accused the Lord Keeper Bacon to the Queen That he had intermedled against the Queen of Scots in the matter of Succession for which he lost the Queens Favour and was with much ado at last restored to it again by the Mediation of Cecil upon which our Author says Certainly the Queen never heard any thing more unwillingly than that the Right of Succession should be called in question or disputed The same Year Queen Elizabeth hearing of a Match like to be between the Queen of Scots and Henry Lord Darly to prevent it advertifed her by her Lieger Randolph That that Marriage was generally so dishked by all the English that she had Prorogued the Parliament to another time against the minds of her Council left the Estates of the Realm being incensed shou'd even for this cause Enact somewhat against her Right to the Succession Which that it might not be done afterwards she recommended Leycester unto her for a Husband whom chiefly for that Reason she had created Earl In the Year 1566 a Parliament was called to meet on the First of November They began to Debate roundly about the Succession and the Earls of Pembroke and Leycester and Duke of Norfolk thought that an Husband was to be imposed upon the Queen or a Successor publickly designed by Act of Parliament even against her will Whereupon they were excluded the Presence-Chambcr and denied Access to the Queen but they soon submitted themselves to her and obtained pardon Yet the Upper House did by the Lord Keeper Bacon advise move and pray her to Marry and to appoint a Successor if she or her Children should die without Issue But some in the Lower House handled these things more tumultuously Bell and Monson great Lawyers Dutton Paul Went worth and others who grated upon the Queens Authority too much and amongst other things maintained That Kings were bound to design a Successor At last they offered her far greater Subsidies than they were wont upon condition that she would design a certain Successor She absolutely refused that extraordinary Offer and accepted an ordinary Sum commending their Affection The last day of the Parliament she made a Speech and gave the busie Men a smooth Reprehension I find saith she that in this Parliament DISSIMVLATION hath walked up and down masked under the Vizor of LIBERTY and SVCCESSION Some of your Number there are that thought it LIBERTY to dispute of the SVCCESSION and that the Establishment of the same is absolutely to be granted or denied If I had granted it these Men had had their desire and had triumphed over me but if I had denied it they thought to have moved the Hatred of my People against me which my greatest Enemies could never yet do But their Wisdom was unseasonable and their Counsels over-hasty neither did they foresee the Event Yet hereby I easily perceived who inclined toward me and who were averse unto me c. Upon this Speech Camden makes this Remarque Thus a Woman's Wisdom suppressed these Commotions every day so qualified them shining clearer and clearer that very few besides such as were seditious and fearful were troubled about a Successor And certainly most men whatever they pretend have no more sense of Publick Matters than what concerns their own Private To these Testimonies of the Queens aversion to pass a Bill of Exclusion of the Q. of Scots may be added a very clear and convincing one out of the Journal of the House of Commons in the Fourteenth of her Reign after the passing this Act which is said so much to favour a Bill of Exclusion Mr. Treasurer of the Houshold Sir Francis Knolles from the Queen advised the House of Commons to go forwards against the Queen of Scots with a second Bill