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 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
c. and under the name of Danes †Aelfred vit f. 10. c. 14. ever since the beginning of King Egbert having by continued Invasions and Piracies harassed and grievously wasted and molested England in the Reign of King Aelfred by pact and bargain between him and Guthran enjoy'd East Saxony or Essex and the County of the East Angles and as * Faedus Aelfr Guthr c. 1. Lamb. fol 36. some say a far greater part of the Nation In King Ethelred's Reign Swane King of Denmark with a great Army Invaded and made himself Master of the whole Nation forcing Ethelred and his Wife Emme Sister to Richard the Second Duke of Normandy with their two Sons Edward and Alfred into that Country The Danish Kings stayed not long here after Swane had conquer'd the Kingdom they all four Reigned not much above 25 years their only Title was the Sword notwithstanding they either brought hither the custom of the Predecessors naming or giving the Kingdom to his Successor as probably it might have been some times practis'd in their own Kingdoms or used it as they found it here practis'd in cases of Necessity and in their Childrens Minority by the Saxon Kings †Encomium Emmae pr. by du Chesn amongst the old French Histor fol. 164. B. Swane made his Son Cnute his Successor He married Emme the Widow of Ethelred by whom he had his Son Harde Cnute To him his half Brother Cnute gave all that had been any ways under his Government but he being then in Denmark * Ibid. C. Harold possessed himself of the Kingdom who was a Bastard Son of a Maid Servant brought into his Concubines Chamber and imposed upon him by her Fol. 174. A. B. and for this reason Elnoth Archbishop of Canterbury refused to Consecrate him King and to deliver him the Crown and Scepter After the death of Harold Harde Cnute called his half Brother Edward by his Mother Emme afterward called the Confessor out of Normandy and caused him to live with him and dying within less than two years after left him Heir of his whole Kingdom Gul. Gemeticens l. 6. c. 9. Totius regni reliquit haeredem And he not long before he died made William the Conqueror his Successor Anno eodem viz. 1065. Note the Reason Rex Edwardus senio gravatus cernens Clitonis Edwardi nuper defuncti filium Edgarum Regio folio minus idoneum tam corde quam corpore Godwinique Comitis multam malamque sobolem Quotidie super terram crescere ad Cognatum suum Wilhelmum Comitem Normanniae animum apposuit eum sibi succedere in regnum Angliae voce flabili sancivit In the same year King Edward growing infirm with Age perceiving Edgar Aetheling the Son of Prince Edward lately Deceased neither in Mind nor Body fit for the Government nor to bear up against the growing Power and Malice of Godwin's Sons thought upon his Cousin William Earl of Normandy Fol. 511. b. n. 30. and by a firm Declaration Decreed he should be his Successor in the Kingdom Ingulph that Reports this was at the very time Secretaty to this William Earl of Normandy and after he had given him a great Character for his Courage Conduct and constant success in War his Justice Religion and Devotion subjoyns that King Edward sent Robert Archbishop of Canterbury as Envoy to him to let him know he was designed his Successor in his Kingdom Which probably he would never have done if this and the like Donations had been question'd in those days Nay †Review of Tyrhs p. 482. Mr. Selden says This Donation was a lawful Title William Rufus had the same Right and Title of Succession by the Donation of his Father and as his Testamentary Heir * Fragmt de vitâ Gul. long f. 32. n. 20. 30. 40. Orde Vit. f. 39. C. D. Ralph de Diceto Dean of St. Paul's who lived in or very near the time says †Col. 505. n. 40. 50. That Hugh Bigod Steward of the King made speed out of Normandy where King Henry died into England and made Oath before the Archbishop of Canterbury That upon his Death bed upon some Differences that hapned between him and his Daughter the Empress did disinherit her and made Stephen Earl of Boloign his Heir Whereupon William Archbishop of Canterbury giving too much credit to the Words of the Steward consecrated Stephen Earl of Mortaign King at Westminster If this should be true he succeeded as Testamentary Heir to King Henry King John was Testamentary Heir to his Brother Richard who upon his Death-bed when he despaired of Life devised to his Brother John the Kingdom of England and all other his Lands and made all present swear Fealty to him and commanded that his Castles and Three parts of his Treasure should be delivered to him * f. 449. b. lin 37. Wals Hypodig Neustriae f. 457. n. 40. Roger Hoveden who was a Domestick in the Family of King Henry II. and wrote at this very time delivers this King John before he left the World made Henry his First-begotten Son his Heir Paris who * f. 288. lin 2. Mat. West f. 276. n. 40. writes this was Historian to this Henry After what hath been premised the Author's History comes to be considered upon his first Query which he maintains upon Instances in the Saxon Norman and subsequent times The Author's Words P. 13. As to the former I say the resolution of Conscience in this case doth not depend upon the Will and Pleasure of the Person to whom the former Oath was made but upon the ground on which it was made and from which it had its force to oblige and if those cease the obligation of the Oath ceases together with them And whether they do or not no particular Person is so fit to judge as the Three Estates of the Realm as I shall now prove from several remarkable Instances to this purpose in our Histories and Parliament Records whereby I shall make it appear that when a Dispute hath hapned about the Right of Succession and to whom the Oaths of Allegiance were to be made they have looked on it as their proper Right to limit the Succession and determine the Oaths The Author's Words and Application continued ibid. p. 13. V nder the British Government we find a considerable Instance to our purpose Vortigern A.G. 454. Magnates Brit. Regem Vortigernum penitus deserentes unanimiter filium suum in Regem sublimaverunt Mat. West p. 83. the British King had enter'd into a Secret League to bring over the Saxons upon which the Great Men of the Nation deserted him and chose Vortimer in his room he was his eldest Son Here it is plain they thought the introducing a Foreign Power a sufficient discharge of their Obligation to him it being so directly contrary to the publick Good of the Nation although Vortigern gave them no Discharge In the Desertion of Vortigern
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