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

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their owne and Ireland and Scotland is not far of vvhere frendship perhapps in such a case might be offred and finally in this poynte of abillity great oddes is their seene betweene these Lordes As for their religion I cannot determyne what difference their is or may be betweene 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 earle of Darbyes religion is held to be more doubtful so as some do thinke him to be of al three religions and others of none and these agayne are deuided in iudgments about the euent heerof for that some do imagin that this opinion of him may do him goode for that al sides heerby may perhapps conceaue hope of him but others do persuade themselues that it vvil do him hurt for that no side in deede will esteeme or trust him so as al these matters with their euents and consequences do remayne vncertaine But now will I passe to speake of the house of Clarence the cheefe persons wherof and most emynent at this day are the earle of Huntington and his bretheren the Hastings for that the Pooles and Barringtons are of far meaner condition and authoritie albeit the other also I meane the house of Hastings doth not seme to be of any great allyance for that albeit the old earle of Huntington this earles father had two brethren the one S. Thomas Hastings that married one of the Lord Henry Pooles daughters named Lord montague that was put to death which daughter was sister to this earles mother and the other named S. Edward Hastings vvas made Lord of Lowghborow by Queene Mary to whom he was first master of the horse and afterward Lord Chamberland neither of them hauing left issue and this is al I remember by his fathers side except it be his owne brethren as hath bin said of which S. George Hastings is the cheefest By his mothers side he hath only the Pooles whose power as it is not great so what it is is rather lyke to be agaynst him then with him partly for their difference from him in religion and partly for preferment of their owne title vppon the reasons before alleaged By his owne marriage with the daughter of the late duke of Northumberland and sister to the late earles of Lecester and Warwicke he was lyke to haue drawne a very great strong alliance if the said two earles had liued and especially S. Phillip Sidney who was borne of the other sister of the present Countesse of Huntington and his owne sister was married to the earle of Penbroke that now is himselfe to the daughter of S. Francis Walsingham cheefe secretary of the state by al which meanes and by al the affection and power of the party puritan and much of the protestant this earle was thought to be in very great forwardnes But now these great pillers being fayled and no issue yet remayning by the said Countesse his wife no man can assure himselfe what the successe wil be especially seing that of the three bodyes of different religions before described it is thought that this earle hath incurred deeply the hatred of the one and perhapps some ielousy and suspition of the other but yet others do say and no doubt but that it is a matter of singular importance if it be so that he is lyke to haue the whole power of London for him which citty did preuaile so much in aduancing the title of Yorke in king Edward the fourth his tyme as it made him king twise to wit once at the beginning when he first apprehended and put downe king Henry the sixt and the second tyme vvhen he being driuen out of the kingdome by his brother the duke of Clarence and Richard earle of Warwicke he returned from Flanders vppon hope of the fauour of the Londoners and was in deede receaued fauoured and set vp agayne by them especially and by the helps of kent and other places adioyning and depending of London and so it may be that the fauourers of this earle do hope the like successe to him in tyme by this potent cittie For the houses of Britanny and Portugal I shal ioyne them both together for that they are straingers and the persons therof so nigh linked in kynred affinitie frendship as both their tittles forces and fauours may easely be ioyned together and imparted the one with the other as to themselues shal best appeare conuenient The lady Infanta of Spayne pretendent of the house of Britanie is eldest daughter of king Phillip as al the world knoweth and dearly beloued of him and that worthely as al men report that come from thence for that she is a princesse of rare partes both for bewty wisdome and pietie The two yong Princes of Parma I meane both the duke and his brother the Cardinal are ympes in like manner of great expectation and diuers wayes neere of kynn to the said king for that by their fathers side they are his nephewes that is the childeren of his sister and by their mothers side almoost as neere for that they are the nephewes of his vncle Prince Edward Infant of Portugal In lyke neernes of blood are the Duchesse of Bragansa and her children vnto the said king which children are many as hath bin shewed and al of that rare vertue and valor and of that singuler affection vnto the English natiō as it is wonderful to heare what men write from those partes and what others do reporte that haue trauayled Portugal and seene those Princes and tasted of their magnificente liberality so as I haue hard diuers reioyse that are affected that way to vnderstand that their do remayne such noble ofsping yet in forrayne countryes of the true and ancient blood royal of Ingland What the powers and possibilities of al these Princes of the house of Portugal be or may be heerafter for pursuyng their right shal not neede to be declared in this place for that al the world doth know and see the same yet al seemeth to depend of the heade roote which is the king of Spayne himselfe and the yonge Prince his sonne whose states and forces how and where they lye what allyance frendes subiects or followers they haue or may haue it is easy to consider but what part or affection of men they haue or may haue heerafter in Ingland it selfe when tyme shal come for the determyning of this matter no man can tell at this present and what plotts agreements compartitions or other conclusions may be made at that day tyme only must teach vs so as now I know not well what to say further in this affaire but only commend it to Gods highe prouidence and therefore I pray you quoth the Lawyer let me ende with this only that alredy I haue saide and pardon me of my former promisse to put my
apparent of Spayne and they put back in ther grand fathers tyme and by his and the realmes consent ther father as I haue said being dead and this was done in a general parlament holden at Segouia in the yeare 1276. and after this Don Sancho was made king in the yeare 1284. and the two Princes put into prisō but afterward at the sure of there vncle king Phillip the third of France they were let out agayne and endued with certayne landes and so they remaine vnto this day and of thes do come the Dukes of Medina Celi and al the rest of the house of Cerda which are of much nobility in Spayne at this tyme and king Phillip that reyneth cometh of Don Sancho the yonger brother Not long after this agayne when Don Pedro surnamed the cruel king of Castile was driuen out and his bastard brother Henry the second set vp in his place as before hath bin mētioned the Duke of Lancaster Iohn of Gant hauing maried Dona Constantia the said king peters daughter heyre pretended by succession the said crowne of Castile as in deed it appertayned vnto him but yet the state of spaine denied it flatly and defended it by atmes and they preuailed against Iohn of Gant as dyd also the race of Henry the bastard against his lawful brother the race of Don Sancho the vncle against his lawful nephewes as hath byn shewed and that of Dona Berenguela against her elder sister al which races do reigne vnto this day thes three changes of the trew lyue happened with in two ages and in the third and principal discent of the Spanish kings when this matter of succession was most assuredly and perfectly established and yet who wil deny but that the kings of Spayne who hold by the later titles at this day be true and lawful kings Well one example wil I giue you more out of the kyngdom of Portugal and so wil I make an ende with thes countreyes This kinge Henry the bastard last named king of Spayne had a sonne that succeded him in the crowne of Spayne named Iohn the first who married the daughter and heyre named Dona Beatrix of king Fernando the first of Portugal but yet after the death of the said King Fernando the states of Portugal would neuer agree to admit him for ther king for not subiecting themselues by that meanes to the Castilians and for that cause they rather tooke for ther king a bastard brother of the said late king Don Fernando whos name was Don Iuan a youth of 20. yeares old who had bin master of a militare order in Portugal named de Auis and so they excluded Dona Beatrix Queene of Castile that was their lawful heyre aud chose this yong man and maried him afterwards to the lady Phillippe daughter of Iohn of Gant Duke of Lancaster by his first wife blanch Duchesse and heyre of Lācaster in whose right the kings of Portugal and ther discendents do pretend vnto this day a cerrayne interest to the house of Lancaster which I leaue to our tēporal lawyer to discusse but heereby we see what an ordinary matter it hath bin in Spayne and Portugal to alter the lyne of next succession vppon any reasonable consideration which they imagined to be for ther weal publique and the like we shal finde in France Ingland which euen now I wil begin to treat of DIVERS OTHER EXAM'PLES OVT OF THE STATES OF FRANCE AND INGLAND FOR proofe that the next in blood are some tymes put backe from succession and how God had approued the same with good successe CAP. VIII AS concerning the state of France I haue noted before that albeit since the entrāce of ther first king Pharamond with his Frankes out of Germanie which vvas about the yeare of Christ 419. they haue neuer had any strāger come to were there crowne which they attribute to the benefit of there law Salike that for biddeth women to reigne yet among themselues haue they changed twyse there whole race and linage of kings once in the entrance of king Pepin that put out the lyne of Pharamond about the yeare 751. and agayne in the promotion of kinge Hugo Capetus that put out the lyne of Pepin in the yeare 988 so as they haue had three discents and races of kings as wel as the spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which indureth vnto this present if it be not altered now by the exclusion that diuers pretend to make of the king of Nauarr and other Princes of the blood royal of the howse of Burbon Wherfore as I did before in the spaniards so I wil heere let passe the first ranke of al of the french kings for that some men may say perhaps that the common wealth and law of succession was not so wel setled in those dayes as it hath bin afterward in tyme of kinge Pepin Charles the great and ther discendantes as also for that it were in very deede ouer tedious to examine and pervse al three rankes of kings in France as you wil say when you shal see what store I haue to alleage out of the second ranck only which began vvith the exclusion and deposition of their lawful King Childerike the third and election of king Pepin as before you haue heard at large declared in the third chapter of this discourse it shal not be need ful to repeate the same agayne in this place Pepin then surnamed le brefe or the litle for his smale stature though he vvere a gyant in deeds being made king of France by mere election in the yeare of Christ 751. after 22. kings that had reigned of the first lyne of Pharamond for the space of more then three hundreth yeares and being so famous and worthy a king as al the world knoweth reigned 18. yeares then left his states and kingdomes by succession vnto his eldest sonne Charles surnamed afterward the great for his famous and heroical acts And albeit the vvhole kingdome of France appertayned vnto him alone by the law of succession as hath bin said his father being king and he his eldest sonne yet would the realme of France shew ther authority in his admission which Girard setteth downe in thes vvords Estant Pepin decedé les Francois esleurent Rois Charles Carlomon ses fils ala charge qu'ils partageroient entre eux egalement le royaume Which is king Pipin being deade the french men chose for ther kings his two sonnes Charles and Carlomon with condition that they should part equally betwene them the realme Wherin is to be noted not only the election of the common wealth besides succession but also the heauie condition laid vppon the heyre to part halfe of his kingdome vvith his yonger brother and the very same woords hath Eginard an ancient French writer in the life of this Charles the great
how we can denye him his right to the said dukedome at least of Lancaster wherof if vve would giue him but the possession with al the appurtenances as they lye it were no euel interteynmēt for him in our country vntil he could gett the possession of the crowne in his owne After the exclusions of these two pretenders to vvit of the duke of Sauoy and of Don Antonio the whole controuersie for Portugal remayned betweene the other three vvhich were the king of Spayne sonne of lady Isabel eldest daughter of king Emanuel and the tvvo duchesses of Parma and Bragansa daughters of the yonger sonne of the said king Emanuel to vvit of the lord Edward infant of Portugal And first of al for that the eldest of these two Ladyes to vvit Mary duchesse of Parma vvas now dead her eldest sonne lord Ranutio now duke of Parma entred in her place and alleaged that he represented his mother and she her father lord Edward which Lord if he had bin aliue he should no doubt haue bin preferred before his elder sister lady Elizabeth mother of king Phillip and consequently that the said lord Edwards issue ought to be preferred before her issue and this he alleaged against king Phillip And against the duchesse of Bragansa he alleaged that his said mother vvas the elder sister and for that cause he vvhich now possessed her right and represented her person vvas to be preferred before the said lady Catherine duchesse of Bragansa so that the foundation of this pretence of the duke of Parma vvas that he vvas nephew to the lord Edward by his eldest daughter and that to king Emanuel he was nephew once remoued by his sonne vvheras king Phillip vvas nephew but by his daughter only and that the lady Catherine of he was of the right discendant lyne of K. Iohn and the Cardinal vvas but of the collateral or transuersal lyne and that al law alloweth that the right lyne shal first be serued and preferred before the collateral shal be admitted so that heerby representation is nothing furthered This exclusion of representation did greatly further and aduance the pretence of king Phillip for the excluding of both these ladyes and their issues for that supposing as this answere auoucheth that their is no representation of father or mother or predecessors to be admitted but that euery pretender is to be considered only in his owne person then it followeth said these men which plead for the king that king Phillip being in equal degree of propinquitie of blood with the two ladyes in respect as wel of K. Hēry yet liuing for that they were al three children of brother and sister it followeth that he was to be preferred before them both as well in respect that he was a man and they both Women as also for that he was elder in age and borne before them both And albeit the duke of Parma alleaged that he was also a man yet was it answered that he was one degree further of from the foresaid kings then was king Phillip so as not respecting representation of their parentes that is to say not considering at all that king Phillip discended of a Woman the two duchesses of a man but only respecting their owne persons as hath bin declared these men auouched that king Phillipps person was euidently to be preferred for that he was a degree neerer in blood then the duke of Parma and superior in sex age to the lady Catherine of Bragansa Moreouer the lawyers of king Phillipps side affirmed that he was neerer also in propinquitie of blood to king Sebastian the last king then vvas the very king Cardinal himselfe much more than any of the other two pretenders for that he was brother to the said king Sebastians mother and the Cardinal was but brother to his grādfather And besides this they alleaged that Portugal did belong to the crowne of Castil by diuers other meanes of old as for that it could not be giuen away by kings of Castil in marriage of their daughters as the principal partes therof had byn as also for that whēking Iohn the first that was a bastard was made king of Portugal by election of the people the inheritance therof did euidently apperteyne to king Iohn of Castil that had to wife the lady Beatrix daughter and heyre of Ferdinand king of Portugal from which inheritance of that crowne by open iniurye both she and her posteritie vvhose right is in king Phillip at this day vvere debarred by the intrusiō of the said Iohn master of Auis bastard brother of the foresaid king Ferdinand These reasons alleaged diuers lawyers in the behalfe of king Phillip and those not only Spaniards but also of diuers other countryes nations as my authors before named do anow and many bookes were written of this matter and when the contention vvas at the hotest then died the king Cardinal before he could decide the same controuersie vppon which occasion the king of Spaine being persuaded that his right vvas best that he being a Monarch and vnder no temporal iudge vvas not bound to expect any other iudgment in this affayre not to subiect himselfe to any other tribunal but that he might by force put himselfe in possession of that which he tooke to be his owne if otherwise he could not haue it deliuered vnto him for so write these authors by me named seing also don Antonio to pretend the said kingdome by only fauour of some populer partie that he had In Lisbone the said king Phillip entred vppon Portugal by force of armes as al the world knoweth and holdeth the same peaceably vnto the day And I haue byn the longer in setting downe this contention about the succession to the crowne of Portugal for that it includeth also the very same pretence and contention for the crowne of Inglād For that al these three princes before named may in like manner pretend the succession of that interest to the house of Lancaster and by that to the crowne of Ingland which doth discend from Queene Phillippe eldest daughter of Iohn of Gaunt duke of Lancaster and sister of king Henry the fourth as hath largely bin declared And albeit that some men Wil saye that this matter is now decided which of these princes of the house of Portugal hath the interest to Ingland for that king Phillip being now preferred in the succession of Portugal entreth also therby to the other right of succession of Ingland yet others vvill say no for that the lawes of succession in Portugal and Ingland be different For that in Ingland representation taketh place so as the children of the sonne though they be women shal euer be preferred before the children of the daughter though they be men vvherof these men do inferr that seing the lady Phillipps right before mentioned to the dukedome of Lancaster and therby also to the crowne of Ingland is to be preferred according to