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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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the Duke of York and in the King's Name streightly command them to find all Objections as might he laid against the same in fortifying of the King's Title Who on Monday following on the 20th of October answered that the matter was so high and touched the King's high Estate and Regalio which is above the Law and passed their Learning Wherefore they durst not enter into any Communication of the same for that it permined to the Lords of the King's Blode and th'Apparage of this his Londes and therefore besought all the Lords to have then utterly excused Then the Lords sent for all the King's Serjeants and Attorney and gave them streight Commandment in the King's Name that they sadladly and avisely shuld serch and take all such things as might be best and strongest to be allegged for the King 's Avail in Objection and defeating of the Title and Cleym of the Due They answered that if this matter passed the Lerning of the Justices it must needs exceed their Lerning and also that they durst not enter into any Communication in that matier and prayed and besought all the Lords to have them excused by geveing any Avice or Counsell therein But the Lords would not excuse them and therefore by the in Advice and Assistance it was concluded by all the Lords that the Articles following should be objected agenst the Clayme and Title of the Duc. First It is thought that the Lords of this Lond must needs call to their remembrance the great Oaths the which they have made to the King the which may be leyd to the said Duc of York and that the Lords may not break their Othes Item It is thought also that it is to be called to remembrance the great and notable Acts of Parliament of divers of the King's Progonitors The which Acts be sufficient and reasonable to be leyd agene the Title of the said Due of York The which Acts be of much more Authority than eny Chronicle and also of Authority to defete eny manner of Title made to eny Person Item It is thought that there is to be leyd ayent the Title divers Inteyles made to the Heires Mules of Henry the Foureth as for the Crown of England as it may appear by divers Chronicles and Parliaments Item It is thought to be allegged the Title of the seid Due that the tyme that King Henry the Fourth toke upon him the Corone of England he said he entered and toke upon him the Corone as right Inheritor to King Henry the Third and not as a Conqueror To which Articles the Duke answered First That noe Oath being the Lawe of Man ought to be performed when the same leadeth to suppression of Trueth and Right which is against the Lawe of God To the second and third That in trouth there been noo such Acts and Tayles made by eny Parliament heretofore as it is furmised but only in the seventh yere of King Hen. IV. a certain Act and Ordinance was made in a Parliament by him called wherein he made the Reaums of Englond and France amongst other to be unto him and to the Hetres of his Body comeing and to his four Sons and to the Heires of their Body comeing in manner and fourme as it apperith in the same Act. And if he might have obteyned and rejoysed the Corones c. by Title of Inhaeritance Discenter or Succession He neither needed or would have desired or made thaim to be granted to him in such wyse as be by the said Act which tacketh noo place neither is of eny force or effect ayenst him that is right Inhaeriter of the sayd CORONES as it accordeth with Gods Lawe and all Natural Lowes howe it be that all other Acts and Ordinances made in the seyd Parliament ●●then been good and sufficient ayenst all other Persons To the fourth That such seyeing of the King Henry the Fourth may in noe wise be true and that the contrary thereof which is trouth shall be largely enough shewed approved and justified by sufficient Autorite and matter of Record and over that his seyd seying was onely to shadowe and cover fraudulently his seyd unrightwyse and violent Vsurpation and by that moyen to abuse disceyveably the People standing about him Upon consideration of this Answer and Claim of the Duke of York it was concluded and agreed by all the Lords That his Title could not be DEFETED and therefore for eschuying the great Inconvenients that may ensue a mean was found to save the Kings Honor and Estate and to appease the said Due IF HE WOULD which was That the King should enjoye the Corone during Life the Duke to be declared the true Heir and to possess it after his Death c. In the first Article of this Agreement or Accord as 't is there called the Title of the Duke of York is set forth and the Judgment of the Parliament given what then was and before had been the Foundation and ground of the Succession to the Crown of England tint is Proximity of Blood The Articles follow so much of them as is pertinent to this matter First Where the seyd Richard Due of Yorke hath declared and opened as above his seyd Title and Cleyme in manner as followeth That the right noble and worthy Prince Herry King of Englond the Third had Issue and leefully gate Edward his first-begotten Son born at Westminster the xv Kalend of Juyle in the Vigil of St. Mart. Marcellian the Yere of our Lord M.CC. XXXIX and Edmund his second goten Son which was born on Seint Marcell day the Yere of our Lord M. CC. XLV The which Edward after the death of the seyd King Herry his Fader entituled and called King Edward the First had Issue Edward his first-begoten Son entituled and called after the decease of the seyd first Edward his Fader King Edward the Second which had Issue and leefully gate the ryght Noble and Honourable Prynce Edward the Third true and undoubted King of Englond and of France and Lord of Ireland Which Edward the Third true and undoubted King of Englond and of France and Lord of Irelond had Issue and leefully gate Edward his first begotten Son Prynce of Wales William Hatfield second begotten Leonell third-begoten Duc of Clarence John of Gaunt fourth-begotten Duc of Lancaster Edmund Langley fifth begoten Duc of Yorke Thomas Woodstock sixth-begoten Duc of Gloucester and William Wyndesore the seventh-begotten The seyd Edward Prynce of Wales which dyed in the lyfe of the seyd Edward King had Issue and leefully gate Richard the which succeeded the same Edward King his Grandfather in Royal Dignity entituled and called king Richard the Second and dyed without Issue William Hatfield the second-goten Son of the seyd Edward King dyed without Issue Leonell the third-goten Son of the same king Edward had Issue and leefully gate Philippa his oonly Daughter and Heir which by the Sacrament of Matrymony copled unto
was impeached in Parliament for divers Felonies and Treasons for assuming to himself Royal Power making Dissention between King Edward the Second and his Queen and for murdering of him and many other great Treasons and adjudged to be Drawn and Hanged and was executed accordingly And the Earl Marshal was commanded to do the Execution and the Mayor Aldermen and Sheriffs of London and Constable of the Tower to guard and assist him Many of his Accomplices had the same Judgment In the Fiftieth of Edward the Third the Parliament do acknowledge Richard the Second to be very Heir to the Crown as Son to Edward the Black Prince very Heir to the Crown and petition the King his Father being dead to make him Prince of Wales Who after his Grandfather's death was immediately by all people the Londoners especially acknowledged owned and addressed to as King and not long after Crowned with great Solemnity He lived continually in Tumults and by his Great Uncles his Reign was made uneasie and at length was deposed and murdered by a Potent Faction The Author of the Brief History of Succession fol. 7. recommends to his Readers the thirty three Articles drawn up against Richard the Second as well deserving to be read with hope and design as easily may be guessed to make them believe and think he was justly deposed and murdered But Mr. Hollingshed a moderate Writer who hath truly related these Articles and all the Transactions of his Deposition and Murder tells us y that whatsoever Writers do report touching the state of the time and doings of this King yet if he might boldly speak what he thought He was a Prince the most unthankfully used of his Subjects of any one of whom ye shall lightly read For although through Frailty of Youth he demeaned himself more dissolutely than seemed convenient for his Royal Estate and made choice of such Counsellors as were not favoured of the People whereby he was the less favoured himself Yet in no King's days were the Commons in greater Wealth if they could have perceived their happy State Neither in any other time were the Nobles and Gentlemen more cherished nor Church-men less wronged But such was their Ingratitude towards their bountiful and loving Sovereign that those whom he had chiefly advanced were readiest to control him for that they might not rule all things at their Will and remove from him such as they misliked and place in their rooms whom they thought good and that rather by strong Hand than by gentle and courteous means Which stirred such malice betwixt him and them The chief Instruments in deposing this King were Henry Duke of Lancaster late Earl of Derby and Thomas Arundel Arch-Bishop of Canterbury who assisted by others reduced the unfortunate King to so great Straits as he was weary of his Government They having him in their power kept him safe in the Tower of London until a Parliament was called which was suddainly done by directing Writs in the King's Name to those who of Right ought to be there All things were prepared for the Resignation of his Crown against the time of the meeting of the Parliament He was by certain Commissioners appointed by it deposed or had rather a Resignation of the Crown extorted from him though he seemed willing and forward to do it And then the Duke of Lancaster claimed the Crown in Parliament and challenged the Realm AL 's DESCENDIT BE RYGHT LYNE OF THE BLODE COMEYNGE FRO THE GUDE LORD HENRY THERDE Postquam quidem vindicationem clameum tam Domini Spirituales quam Temporales omnes status ibidem praesentes singillatim communiter interrogati quid de illa vindicatione clameo sentiebant Iidem status cum toto populo absque quacunque difficultate vel mora ut Dux praefatus super eos regnaret unanimitur consenserunt After which Claim and Challenge as well the Lords Spiritual as Temporal and all States there present being severally asked what they thought of that Challenge and Claim the same States with all the People without difficulty or delay consented the aforesaid Duke should reign over him And then shewing to the States the Signet of King Richard which he gave him as token of his desire to have him succeed him The Arch-Bishop taking him by the Right Hand placed him in the Throne Here we see the Foundation of the Parliament's Consent that Henry should be King was a pretended Right of Blood and the desire of King Richard that it might be so Henry the Fourth was Son to John of Gaunt Duke of Lancaster fourth Son to Edward the Third by Blanch his Wife Daughter and Heir of Henry Duke of Lancaster Son of Henry Earl of Lancaster Brother and Heir to Thomas Earl of Lancaster eldest Son to Edmund called Crouch-Back the First Earl of Lancaster Second Son to King Henry the Third Upon Consideration had of this Title it was conceived to be insufficient and that it would pass for a Blind and Pretence only And therefore king Henry upon the day of his Coronation caused to be proclaimed That he claimed the Kingdom of England First By Right of Conquest Secondly Because King Richard had resigned his Estate and designed him for his Successor And Lastly Because he was of the Blood-Royal and NEXT HEIR MALE UNTO KING RICHARD In this Claim he takes no notice of any Election by the People nor doth own the least Right in them to elect him but founds his Title upon Conquest and Proximity of Male-Blood and Donation of Richard the Second Henry the Fourth Fifth and Sixth held the Crown by Vsurpation without much disturbance until the thirty ninth Year of Henry the Sixth when Richard Duke of York put in his Claim as Hein to Philippa Daughter and Heir to Lionel the third gotten Son of King Edward the Third to whom the Right Title Dignity Royal and Estate o the Crowns of the Realms of England and of France and of the Lordship and Land of Ireland of Right and Law and Custom appertaineth and belongeth before any Issue of John of Gaunt the fourth gotten Son of the same King Edward The Lords Spiritual and Temporal the Question being put what they thought of the Duke's Claim answer that The Matier was so high and of such wyght that it was not to any of the King's Subjects to enter into Communication thereof without his high Commandment Agreement and Consent had thereto The Duke pressing for an Answer all the Lords went unto the King and opened the Claim by the Mouth of the Chancellor of England and it pleased him to pray and command all the said Lords that they should search as much as in them was to find all such things as might be object and leyde against the Cleym and Title of the Due Whereupon in the Morning October 18. the Lords sent for the King's Justices to defend his Title against the Claim of