Bastardies or other particular impediments that may have fallen upon each discent or branch thereof all these things said he may alter the course of common supposed right in him or her that is taken to be next in bloud as proving them not to be truly and lawfully the nearest though they be the next in degree As for example said he the whole multitude of competitors or pretendors which I conceive may come in consideration or have action or claim to the Crown after her Majesty that now is may be reduced to three or four first heads or principal stocks to wit to the House of Lancaster a part as descended of John of Gant Duke of Lancaster by his first Wife Blanch sole Heir of the Dutchess of Lancaster And of this branch or stock the most known off spring in these our days are those Princes that are lineally descended of Don Juan the first sirnamed de bona memoria tenth King of Portugal who married with Philippa the eldest Daughter of the said John of Gant by his first Wife Blanch and these Princes are King Philip of Spain now King also of Portugal and the Duke of Parma and Braganza who descended of the same race as also the Duke of Savoy on degree after them The second stock is of the house of York a part descended of George the Duke of Clarence second Brother to King Edward the fourth who being put to death by the Kings order in Cales left a daughter by whom were descended the Earl of Huntington with his Brothers which also have children and the off spring of Geffry Pole and Sir Thomas Barrington who married the other Sister of her that was married to the Hastings The third stock was in King Henry the seventh who being himself of the house of Lancaster and marrying the eldest daughter of Edward the fourth of the house of York is presumed to have joyned these two houses together and from this man by his two daughters for of his Son who was King Henry the eighth there remaineth only the Queen that now is there hath proceeded the house of Scotland divided into the families of the King of Scots and Arabella as also the Progeny of the two Earls yet living of Hartford and Darby Vnto these three heads which are commonly known to all men some of our days do add also a fourth which may seem more ancient then either of these three to wit by the Duke of Britany who are descended divers ways of the bloud royal of England as may easily be declared whose Heir at this day by lineal descent is the Infanta of Spain named Dona Isabella Clara Eugenia daughter to King Philip. So that hereby we come to discover no less then ten or eleven families that may pretend and have all of them friends in England and else where as yesterday I told you who do not fail in secret to negotiate and lay plots for them for that there are none of these so far off but to their friends it seemeth the times standing as they do that reasons may be given for their preferment and good hope conceived of prevailing You do well to add said a Captain there present the times standing as they do or at leastwise as they are like to stand when this matter must come to tryal at what time I believe not you Lawyers but we Souldiers must determine this title and then no doubt if there were not only these ten by you named but twenty more also of the Bloud Royal that would pretend and had friends and money to stand by them we should admit their causes to examination and perhaps give sentence for him that by your laws would soonest be excluded for when matters come to snatching it is hard to say who shall have the better part I do not add this circumstance of the time said the Lawyer as though it were the only or principal point which maketh doubtful the matter of Succession though I confess that helpeth thereunto greatly in respect of the great variety of mans affections at this day in Religion which do decline them commonly to judge for him whom they best love but besides this I do say that were the times never so quiet and Religion never so uniform yet are there great doubts in many mens heads about the lawfulness of divers Petitions of the Families before-named but if you add unto this the said wonderful diversity in matters of Religion also which this time yieldeth you shall find the event much more doubtful and consequently it is no marvel though many may remain in hope to prevail seeing that where many are admitted to stand for a preferment there divers may have propability also of speeding An example you may take said the Civilian Lawyer in the Roman Conclave at the Popes election where among three or four score Cardinals that enter in for Electors few there are that have not hope also to be elected not for that they see themselves all well qualified as others but because often times when divers that are more forward by likelyhood cannot be agreed upon it falleth to the lot of him that is farthest off and so it may among your pretenders quoth he in England Your example said the Temporal Lawyer confirmeth somewhat of that I mean though it be not altogether in like matter or manners for that the Pope is made by Election and here we talk of a King by Succession Your Succession said the Civilian includeth also an Election or approbation of the common-wealth and so doth the succession of all Kings in Christendom besides as well appeareth by the manner of their new admision at their Coronations where the people are demanded again if they be content to accept such a man for their King though his title of nearness by bloud be never so clear And therefore much more it is like to be in this case of English pretenders now where their lawful nearness in bloud is so doubtful as you have signified and so I do come to confirm your former proposition of the doubtfulness of the next Successor in England with another reason besides that which you have alledged of the ambiguity of their true propinquity in bloud for I say further that albeit the nearness of each mans succession in bloud were evidently known yet were it very uncertain as things now stand in England and in the rest of Christendom round about who should prevail for that it is not enough for a man to be next only in bloud thereby to pretend a Crown but that other circumstances also must concur which if they want the bare propinquity or ancestry of bloud may justly be rejected and he that is second third fourth fifth or last may lawfully be preferred before the first and this by all Law both divine and human and by all reason conscience and custom of all Christian Nations To this said the temporal Lawyer you go further Sir then
two Nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdom by a publick Act of Parliament in the Town of Valliodolid after he had Reigned thirty years and his own son Don Sancho the fourth was Crowned in his place who for his valiant Acts was sur-named el bravo and it turned to great commodity of the Common-Wealth The same Common-Wealth of Spain some years after to wit about the year of Christ 1368. having to their King one Don Pedro sur-named the Cruel for his injurious proceeding with his Subjects though otherwise he were lawfully seased of the Crown as Son and Heir to King Don Alonso the twelfth and had Reigned among them eighteen years yet for his evil Government they resolved to depose him and so sent for a Bastard Brother of his named Henry that lived in France requesting him that he would come with some force of French-men to assist them in that Act and take the Crown upon himself which he did and by the help of the Spaniards and French Souldiers he drove the said Peter out of Spain and himself was Crowned And albeit Edward sur-named the black Prince of England by order of his Father King Edward the third restored once again the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned again and deprived Peter the second time and slew him in Fight hand to hand which made shew of more particular favour of God in this behalf to Henry and so he remained King of Spain as doth also his progenie enjoy the same unto this day though by nature he was a Bastard as had been said and notwithstanding that King Peter left two Daughters which were led away into England and there Married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great Nobility in conversation and prowess in Chivalry was called by excellency El cavallero the Knightly King and for his exceeding benignity and liberality was sur-named also El delas mercedes which is to say the King that gave many gifts or the liberal franck and bountiful King which was a great change from the other sur-named Cruel that King Peter had before and so you see that always I give you a good King in place of the bad deposed In Portugal also before I go out of Spain I will alledge you one example more which is of Don Sancho the second sur-named Capello fourth King of Portugal lawful Son and Heir unto Don Alonso sur-named el Gardo who was third King of Portugal This Don Sancho after he had Reigned 34. years was deprived for his defects in Government by the universal consent of all Portugal and this his first deprivation from all Kingly rule and Authority leaving him only the bare name of King was approved by a General Councel in Lions Pope Innocent the fourth being there present who at the Petition and Instance of the whole Realm of Portugal by their Embassadors the Arch-Bishop of Braga Bishop of Comibra and divers of the Nobility sent to Lyons for that purpose did Authorise the said State of Portugal to put in Supream Government one Don Alonso Brother to the said King Don Sancho who was at that time Earl of Bullen in Picardy by right of his Wife and so the Portugals did And further also a little after they deprived their said King and did drive him out of his Realm into Castilla where he liv'd all the rest of his Life in Banishment and Dyed in Toledo without ever returning and this decree of the Councel and Pope at Lyons for Authorising of this fact is yet extent in our Cannon Law in the sixt Book of Decretals now in Print And this King Don Alonso the third which in this sort was put up against his Brother was peaceably and prosperously King of Portugal all the days of his life and he was a notable King and among other great Exploits he was the first that set Portugal free from all Subjection Dependance and Homage to the Kingdom of Castile which unto his time it had acknowledged and he left for his Successor his Son and Heir Don Dionysio el Fabricador to wit the great Builder for that he Builded and Founded above forty and four great Towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other Examples could I alledge if I would examine the Lives and Descents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperors deprived for their evil Government not so much by popular Mutiny which often happened among them as by consent and grave deliberation of the whole State and weal-publick as Michael Calaphatos for that he had trodden the Cross of Christ under his Feet and was otherwise also a Wicked Man As also the Emperour Nicephorus Botoniates for his Dissolute Life and preferring Wicked Men to Authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our days by other Common-Wealths as in Polonia of Henry the third that was last King of France and before that had been Sworn King of Polonia of which Crown of Polonia he was deprived by publick Act of Parliament for his departing thence without License and not returning at his day by the said State appointed and denounced by publick Letters of Peremptory Commandment which are yet extant What should I name the Deprivations of Hen. late King of Suetia who being lawful Successor and lawfully in possession after his Father Gustanus was yet put down by that Common-Wealth and deprived and his Brother made King in his place who if you remember was in Ireland in the beginning of this Queens Reign and whose Son Reigneth at this day and is King also of Polonia and this Fact was not only allowed of at home by all the States of that Countrey but also abroad as namely of Maximilian the Emperor and approved also by the King of Denmark and all the Princes of Germany near about that Realm who saw the reasonable cause which that Common-Wealth had to proceed as it did And a little before that the like was practised also in Denmark against Cisternus their lawful King if we respect his descent in Bloud for he was Son to King John that Reigned afore him and Crowned in his Fathers life but yet afterwards for his Intolerable cruelty he was deprived and driven into Banishment together with his Wife and three Children all which were Disinherited and his Unkle Frederick Prince of Alsatia was chosen King whose Progeny yet remaineth in the Crown and the other though he were married to the Sister of Charles the fifth and last Emperour of that Name and were
Richard and Reigned 13. years by the name of King Henry the fourth and was the first King of the House of Lancaster of the right of whose title examination shall be made afterwards The first of the two daughters which John of Gaunt had by Blanch was named Philippa who was married to John the first of â—hat name King of Portugal by whom she had Issue Edward King of Portugal and he Alfonsus the fifth and he John the second and so one after another even unto our days The second daughter of John of Gaunt by Lady Blanch was named Elizabeth who was married to John Holland Duke of Exeter and she had Issue by him another John Duke of Exeter and he had Issue Henry Duke of Exeter that died without Issue Male leaving only one Daughter named Anne who was married to Sir Thomas Nevil Knight and by him had Issue Ralph Nevil third Earl of Westmerland whose Lineal Heir is at this day Lord Charles Nevil Earl of Westmerland that liveth banished in Flanders And this is all the Issue that John of Gaunt had by Lady Blanch his first Wife saving only that I had forgotten to prosecute the Issue of Henry his first Son surnamed of Bullenbroke that was afterward called K. Henry the fourth which King had four Sons and two daughters his daughters were Blanch and Philippa the first married to William Duke of Bavaria and the second to Erick King of Denmark and both of them died without Children The four Sons were first Henry that Reigned after him by the name of Henry the fifth and the second was Thomas Duke of Clarence the third was John Duke of Bedford and the fourth was Humphry Duke of Glocester all which three Dukes died without Issue or were slain in Wars of the Realm so as only King Henry the fifth their elder Brother had Issue one Son named Henry also that was King and Reigned 40 years by the name of Henry the sixth who had Issue Prince Edward and both of them I mean both Father and Son were murthered by order or permission of Edward Duke of York who afterward took the Crown upon him by the name of King Edward the fourth as before hath been said so as in this King Henry the sixth and his Son Prince Edward ended all the bloud-Royal male of the House of Lancaster by Blanch the first Wife of John of Gaunt and the Inheritance of the said Lady Blanch returned by right of succession as the favourers of the House of Portugal affirm though others deny it unto the Heirs of Lady Philip her eldest daughter married into Portugal whose Nephew named Alfonsus the fifth King of Portugal lived at that day when King Henry the sixth and his Heir were made away and thus much of John of Gaunt's first marriage But after the death of the Lady Blanch John of Gaunt married the Lady Constance daughter and Hâ—ir of Peter the first surnamed the Cruel King of Castile who being driven out of his Kingdom by Henry his Bastard-brother assisted thereunto by the French he fled to Bourdeaux with his Wife and two daughters where he found Prince Edward eldest Son to King Edward the third by whom he was restored and for pledge of his fidelity and performance of other conditions that the said King Peter had promised to the Prince he left his two daughters with him which daughters being sent afterwards into England the eldest of them named Constance was married to John of Gaunt and by her Title he named himself for divers years afterwards King of Castile and went to gain the same by Arms when Peter her Father was slain by his foresaid Bastard-brother But yet some years after that again there was an agreement made between the said John of Gaunt and John the first of that name King of Castile Son and Heir of the foresaid Henry the Bastard with condition that Catharine the only daughter of John of Gaâ—nt by Lady Constance should marry with Henry the third Prince of Castile Son and Heir of the said King John and Nephew to the Bastard Henry the second and by this means was ended that controversie between England and Castile And the said Lady Catharine had Issue by King Henry John the second King of Casâ—â—â—e and he Isabel that married with Ferdinando the Catholick King of Aragon and joyned by that marriage both those Kingdoms together and by him she had a daughter named Joan that married Philip Duke of Austria and Burgundy and by him had Charles the such that was Emperor and Father to King Philip that now reigneth â—n Spain who as we see is descided two ways from John of Gaunt Duke of Lancaster to wit by two daughters begotten of two Wives Blanch and Constance neither had John of Gaunt any more Children by Constance but only this daughter Catharine of whom we have spoken wherefore now we shall speak of his third Wife that was Lady Catharine Swinford This Lady Catharine as English Histories do note was born in Heinalt in Flanders and was daughter to a Knight of that Country called Sir Payne de Ruet and she was brought up in her youth in the Duke of Lancasters house and attended upon his first Wife Lady Blanch and being fair of personage grew in such favour with the Duke as in the time of his second Wife Constance he kept this Catharine for his Concubine and begat upon her four Children to wit three Sons and â— daughter which daughter whose name was Jane was married to Ralph Earl of Westmorland called commonly in those days Daw Raby of whom descended the Earls of Westmorland that ensued His three Sons were John Thomas and Henry and John was first Earl and then Duke of Summerset Thomas was first Marques of Dorset and then Duke of Excester Henry was Bishop of Winchester and after Cardinal And after John of Gaunt had begotten all these four Children upon Catharine he married her to a Knight in England named Swinford which Knight lived not many years after and John of Gaunt coming home to England from Aquitaine where he had been for divers years and seeing this old Conâ—â—â—â—ne of his Catharine to be now a Widow and himself also without a Wife for that the Lady Constance was dead a little before for the love that he bore to the Children that he had begotten of her he determined to marry her and thereby the rather to legitimate her Children though himself were old now and all his Kindred utterly against the Marriage and so not full two years before his death to wit in the Year of Christ 1396. he married her and the next Year after in a Parliament begun at Westminster the 22 of January Anno Domini 1397. he caused all his said Children to be legitimated which he had begotten upon this Lady Swinford before she was his Wife But now to go forward to declare the Issue of these three Sons of John of Gaunt by Catharine
it happeneth And as for the second point of Foreign Birth they say there hath been sufficient answer before in treating of the House of Scotland that in rigour it is no bar by intention of any English Law yet whether in reason of State and politick Government it may be a just impediment or no it shall after be handled more at large when we come to treat of the House of Portugal To the last point of Religion they answer that this impediment is not universal nor admitted in the Judgment of all men but only of those English that be of different Religion from her But to some others and those many as these men do ween her Religion will rather be a motive to favour her Title then to hinder the same so that on this ground no certainty can be builded and this is as much as I have to say at this time of these two Families of Clarence and Britany CHAP. VIII Of the House of Portugal which containeth the Claims as well of the King and Prince of Spain to the succession of England as also of the Dukes of Parma and Bragansa by the House of Lancaster IT hath been oftentimes spoken before upon occasions offered that the Princes of the House of Portugal at this day do perswade themselves that the only remainder of the House of Lancaster resteth among them as the only true Heirs of the Lady Blanch Dutchess and Heir of Lancaster and first Wife of John of Gaunt which point of these Princes descents from the said Dutchess of Lancaster though it be declared sufficiently before in the third and fourth Chapters yet will I briefly here also set down and repeat again the reasons thereof which are these that follow John of Gaunt was Duke of Lancaster by the right of his first Wife Lady Blanch and had by her only one Son as also one Daughter of whom we need here to speak for that the other hath left no Issue now living The Son was King Henry the 4th who had Issue King Henry the 5th and he again Henry the 6th in whom was extinguished all the succession of this Son Henry The daughter of John of Gaunt by Lady Blanch was called Philippa who was married to John the first King of that name of Portugal who had Issue by him King Edward and he again had Issue King Alfonsus the fifth King of Portugal and he and his off-spring had Issue again the one after the other until our times and so by this marriage of Lady Philippa to their first King John these Princes of the House of Portugal that live at this day do pretend that the Inheritance of Lancaster is only in them by this Lady Philippa for that the succession of her elder Brother King Henry the fourth is expired long ago This in effect is their pretence but now we will pass on to see what others say that do pretend also to be of the House of Lancaster by a latter marriage John of Gaunt after the death of his first Wife Lady Blanch did marry again the Lady Constance daughter of King Peter surnamed the Cruel of Castile and had by her one daughter only named Catharine whom he married afterward back to Castile again giving her to Wife to King Henry the third of that name by whom the 〈◊〉 Issue King John and he others so as lineally King Philip of Spain is descended from her which King Philip being at this day King also of Portugal and chief Titler of that House unto England he joy 〈◊〉 the Inheritance of both the two daughters of John of Gaunt in one and so we shall not need to talk of these two daughters hereafter distinctly but only as of one seeing that both their descents do end in this one man The only difficulty and dissention is then about the Issue of the third marriage which was of John of Gaunt wiâ—h Lady Catharine Swinford whom he first kept as a Concubine in the time of his second Wife Lady Constance as before hath been shewed in the third Chapter and begat of her four Children and after that his Wife Lady Constance was dead he took her to Wife for the love he bare to his Children a little before his death and caused the said Children to be legitimated by Authority of Parliament and for that none of these four Children of his have left Issue but only one that was John Earl of Somerset we shall speak only of him omitting all the rest This John then Earl of Somerset had Issue another John which was made Duke of Somerset by King Henry the sixth who with his three Sons were slain by the Princes of the House of York in the quarrel of Lancaster and so left only one daughter named Margaret who by her Husband Edmond Tudor Earl of Richmond was Countâ—ss of Richmond and had by him a Son named Henry Earl of Richmond that was after King by the name of King Henry the seventh and from him all his descendents both of the House of Scotland and Suffolk do pretend also to be of the House of Lancaster which yet can be no otherwise then now hath been declared to wit not from Blanch first Wife and Heir of the Dutchy of Lancaster but from Catharine Swinford his third Wife wherein riseth the question whether those men I mean King Henry the seventh and his descendents may pâ—â—perly be said to be of the true House of Lancaster or no Whereunto some do answer with a distinction to wit that to the Dutchy of Lancaster whereof the first Wife Lady Blanch was Heir these of the third marriage cannot be Heirs but only the remainder of the Issue of the said Lady Blanch that resteth in the Princes of the House of Portugal But yet to the Title of the Crown of England which came by John of Gaunt himself in that he was third Son of King Edward the third and eldest of all his Children that lived when the said King Edward died by which is pretended also that he should have succeeded immediately after him before King Richard the second as before in the fourth Chapter hath been declared to this Right I say and to this Interest of the Crown which came by John of Gaunt himself and not by Lady Blanch or by any other of his Wives the descendents of King Henry the seventh do say that they may and ought to succeed for that John Earl of Somerset eldest Son of John of Gaunt by Lady Catharine Swinford though he were begotten out of matrimony yet being afterward made legitimate he was to inherit this right of John of Gaunt his Father before the Lady Philippa his Sister for that so we see that King Edward the sixth though younger and but half-brother unto the Lady Mary and Elizabeth his Sisters yet he inherited the Crown before them and in like manner is Lord Philip Prince of Spain at this day to inherit all the
States of that Crown before his two Sisters that be elder then he and so likewise say these men ought John of Somerset to have done before Philippa his eldest Sister if he had been alive at that time when King Henry the sixth was put down and died and consequently his posterity which are the descendents of King Henry the seventh ought to enjoy the same before the Princes of Portugal that are the descendents of Lady Philippa his Sister Thus say the issue of King Henry the seventh But to this the Princes of the House of Portugal do reply and say first That by this it is evident at least that the Dukedom of Lancaster whereof the Lady Blanch was the only Heir must needs appertain to them alone and this without all doubt or controversie for that they only remain of her Issue after extinguishing of the posterity of her elder Brother King Henry the fourth which was extinguished by the death of King Henry the sixth and of his only son Prince Edward and for this they make no question or controversie assuring themselves that all Law right and equity is on their side Secondly Touching the Succession and right to the Kingdom they say that John Earl of Somerset being born out of Wedlock and in Adultery for that his Father had an other Wife alive when he begot him and he continuing a Bastard so many years could not be made Legitimate afterward by Parliament to that effect of Succession to the Crown and to deprive Queen Philippa of Portugal and her Children born before the other Legitimation from their right and Succession without their consents for that John King of Portugal did Marry the said Lady Philippa with condition to enjoy all Prerogatives that at that day were due unto her and that at the time when John of Gaunt did Marry the said Lady Catherine Swinford and made her Children Legitimate by Act of Parliament which was in the year of Christ 1396. and 1397. the said Lady Philippa Queen of Portugal had now two Sons living named Don Alonso and Don Edwardo which were born in the years 1390. and 1391 that is six years before the Legitimation of John Earl of Somerset and his Brethren and thereby had jus acquisitum as the Law saith which right once acquired and gotten could not be taken away by any Posterior Act of Parliament afterward without consent of the parties Interessed for which they do alledge divers places of the Canon Law which for that they hold not in England I do not cite but one example they put to shew the inconvenience of the thing if it should be otherwise determined then they affirm which is that if King Henry the eighth that had a Bastard Son by the Lady Elizabeth Blunt whom he named Henry Fitz-roy and made him both Earl of Nottingham and Duke of Richmond and Somerset in the 18 th year of his Reign at what time the said King had a lawful Daughter alive named the Princess Mary by Queen Catherine of Spain if I say the King should have offered to make this Son Legitimate by Parliament with intent to have him succeeded after him in the Crown to the prejudice and open injury of the said lawful Daughter these Men do say that he could not have done it and if he should have done it by violence it would not have held and much less could John of Gaunt do the like being no King Nor was the Act of Parliament sufficient for this point it being a matter that depended especially say these men of the Spiritual Court and of the Canon Law which Law alloweth this Legitimation no further but only as a Dispensation and this so far forth only as it doth not prejudice the right of any other Neither helpeth it any thing in this matter the Marriage of John of Gaunt with Lady Catherine for to make better this Legitimation for that as hath been said their Children were not only naturales but Spurij that is to say begotten in plain Adultry and not in simple Fornication only for that the one party had a Wife alive and consequently the priveledge that the Law giveth to the Subsequent Marriage of the Parties for legitimating such Children as are born in simple Fornication that is to say between parties that were single and none of them married cannot take place here So as these men conclude that albeit this Legitimation of Parliament might serve them to other purposes yet not to deprive the Princes of Portugal of their Prerogative to succeed in their Mothers Right which she had when she was married to their Father And this they affirm to have been Law and Right at that time if the said Queen Philippa and Earl John had been alive together when Henry the sixth and his Son were put to death and that this Question had been then moved at the death of King Henry the sixth Whether of the two to wit either the said Queen Philippa or her younger Brother John Earl of Somerset by the Fathers side only should have succeeded in the Inheritance of King Henry the sixth In which case these men presume for certain that the said Queen Philippa legitimately born and not John made legitimate by Parliament should have succeeded for that by common course of â—aw the Children legitimated by favour albeit their legitimation were good and lawful as this of these Children is denied to be yet can they never be made equal and much less be preferred before the lawful and legitimate by Birth But now say these men the case standeth at this present somewhat otherwise and more for the advantage of Queen Philippa and her Off-spring For when King Henry the sixth and his Son were extinguished and Edward Duke of York thrust himself in to the Crown which was about the year of Christ 1471. the foresaid Princess and Prince Lady Philippa and Earl John were both dead as also their Children and only their Nephews were alive that is to say there lived in Portugal King Alfonsus the fifth of that name Son to King Edward which King Edward was Child to Queen Philippa and the death of King Henry the sixth of England happened in the 38 th year of the Reign of the said Alfonsus And in England lived at the same time Lady Margaret Countess of Richmond Mother of King Henry the seventh and Neece of the foresaid John Earl of Somerset to wit the Daughter of his Son John Duke of Somerset So as these two Competitors of the House of Lancaster that is to say King Alfonsus and Lady Margaret were in equal degree from John of Gaunt as also from King Henry the sixth saving that King Alfonsus was of the whole Bloud as hath been said and by Queen Philippa that was legitimate and the Countess of Richmond was but of the half bloud as by John Earl of Somerset that was a Bastard legitimated The Question then is Which of these two should have
succeeded by Right of the House of Lancaster immediately after King Henry the sixth And the Lady Margaret alledgeth That she was descended from John Earl of Somerset that was a man and therefore â—o be preferred And King Alfonsus alledged That he being in equal degree of nearness of Bloud with the same Countess for that both were Nephews was to be preferred before her for that he was a man and of the whole Bloud to the last Kings of the House of Lancaster and that she was a woman and but of the half Bloud so that three Prerogatives he pretended before her First That he was a man and she a woman Secondly That he descended of the lawful and elder Daughter and she of the younger Brother legitimated And thirdly That he was of whole Bloud and she but of half And for better fortifying of this proof of his Title these men do alledge a certain Case determined by the Learned of our days as they say wherein for the first of these three Causes only the Succession to a Crown was adjudged unto King Philip of Spain to wit the Succession to the Kingdom of Portugal which Case was in all respects correspondent to this of ours For that Emmanuel King of Portugal had three Children for sâ— much as appertaineth to this Affair for afterward I shall treat more particularly of his Issue that is to say two Sons and one Daughter in this order John Elizabeth and Edward even as John of Gaunt had Henry Lady Philippa and John Prince John of Portugal first Child of King Emmanuel had Issue another John and he had Sebastine in whom â—he Line â—f John the first Child was extinguished But Joâ—n's Sister Elizabeth was married to Charâ—â—s the Emperour and had Issue King Philip of Spain that now liveth Edward also younger Brother to Elizabeth or Isabel had Issue two Daughters the one married to the Duke of Parma and the other to the Duke of Bargansa so as King Philip was in equal degree with these Ladies in respect of King Emmanuel for that he was Son to his eldest Daughter and the two Dutchesses were Daughters to his younger Son And upon this rested the Question Which of these should succeed and â—â— was decided That it appertaineth unto King Philip for that he was a man and his Mother was the elder Sister though if King Philip's Mother and the two Dutchesses Father I mean Lord Edward of Portugal had been alive together no doubt but that he being a man should have born it away which these men say holdeth not in our Case but it is much more to our advantage for that it hath been shewed before that if Queen Philippa had been alive with John Earl of Somerset at the death of King Henry the sixth she should have been preferred as legitimate by Birth and therefore much more ought her Nephew King Alfonsus to have been preferred afterward in that he was a man before the Neece of the said John Earl of Somerset that was but a Woman Thus far they And besides all this they do add as often before I have mentioned that King Alfonsus was of the whole Bloud unto all the three King Henries of the House of Lancaster and the Countess of Richmond was but of the half bloud And for more strengthening of this Argument they do say further that besides that Interest or Right to the Crown which King Henry the fourth who was the first King of the House of Lancaster had by his Father John of Gaunt in that the said John was third Son of King Edward the third the said King Henry had divers other interests also which came of himself only and not from his said Father as were for example his being called into the Realm by general voice of all the people his right gotten by Arms upon the evil Government of the former King the personal resignation and delivery of the Kingdom by solemn instrument made unto him by King Richard his Election also by Parliament and Coronation by the Realm and finally the quiet Possession of him and his Posterity for almost sixty years with many Confirmations of the whole Realm by divers Acts of Parliament Oaths and and other Assurances as the World knoweth So many I mean and so authentical as could possibly be devised or given And besides all this that when King Richard was dead he was next in degree of Propinquity unto him of any man living for that the Sons of Roger Mortimer were two degrees further off than he as hath been shewed before All which particular Rights and Interests were peculiar to Henry the fourth's person and were not in his Father John of Gaunt and therefore cannot possibly descend from him to the Issue of John Earl of Somerset but must pass rather to the Issue of King Henry s true Sister the Queen Philippa of Portugal And this though it be supposed that otherwise it might be granted as they say it may not that John Earl of Somorset and his Successors might succeed to John of Gaunt before Lady Philippa which thing say these men if it should be granted yet cannot he succeed to King Henries the fourth fifth and sixth that descended of Blanch. And this is in effect all that I have heard disputed about this point what Line is true Heir to the House of Lancaster to wit whether that of John Earl of Somerset born of Katharine Swinford from whom descendeth King Henry the seventh and his Posterity or else that of Queen Philippa of Portugal born of Lady Blanch from whom are come the foresaid Princes of Portugal But now it remaineth to examine somewhat in this place also what and who are these Princes of the House of Portugal so often named before and what pretence of Succession they and every of them have or may have unto the Crown of England For better understanding whereof it shall be needful to explain somewhat more at large the foresaid Pedigree of King Emmanuel of Portugal who albeit by divers Wives he had many Children yet six only that he had by one Wife of whom there remaineth hitherto Issue are those which may appertain unto our purpose to speak of in respect of any pretence that may be made by them towards England supposing always which is most true that the said King Emmanuel was descended lineally as true and direct Heir from the foresaid Lady Philippa Queen of Portugal that was Daughter of John of Gaunt by his first Wife Lady Blanch Dutchess and Heir of the Dukedom of Lancaster and Sister to King Henry the fourth first King of the House of Lancaster so as by her doth or may pretend the whole Posterity of the said King Emmanuel unto whatsoever the said Phillippa might Inherit from her Father or Mother or from her said Brother King of England or his Posterity The six Children then of King Emmanuel were these following and each of them born as here they are set down first Prince
John that was King after his Father by the Name of John the third Secondly the Lady Isabel Married to the Emperor Charles the fifth and Mother to King Philip of Spain that now liveth Thirdly Lady Beatrix Married to Charles Duke of Savoy and Mother to Duke Philibert the last Duke that Died and Grand-mother to this that now Liveth Fourthly Lord Lewis Father to Don Antonio that now is in England Fifthly Lord Henry that was Cardinal and Archbishop of Ebora and in the end King of Portugal And sixthly Lord Edward that was Father of the two Dutchesses of Parma and Bragansa to wit of the Lady Mary and Lady Catharine both which left goodly Issue for that Lady Mary hath left by the last Duke of Parma Lord Ranutius that is now Duke of Parma and Lord Edward that is Cardinal And the Lady Catharine Dutchess of Bragansa that yet liveth hath Issue divers goodly Princes as the Lord Theodosius that is now Duke of Bragansa and three younger Brothers to wit Edward Alexander and Philip young Princes of great expectation and these are the Children of King Emmanuel whose particular Successions and Issues I shall declare somewhat more in particular Prince John of Portugal afterward King by name of King John the Third had Issue another John that was Prince of Portugal but died before his Father and left a Son Named Sebastian who was King and slain afterward by the Moors in Barbary and so ended this first Line The second Son and fourth Child of King Emmanuel was Named Lord Lewis and died also without Issue Legitimate as is supposed for that Don Antonio his Son that afterward was proclaimed King by the People of Lisbone and now liveth in England was taken by all men to be unlawful as presently more at large shall be shewed so as after the Death of King Sebastian there entred the Cardinal Lord Henry which was third Son of King Emmanuel and Great-Uncle to Sabastian lately Desceased for that he was Brother to King John the third that was Grand Father to King Sebastian And albeit there wanted not some according as the Authors Write which afterward I shall Name who affirmed and held that King Philip of Spain should have succeeded King Sebastian before the Cardinal for that he was nearer in Consanguinity to him than was the Cardinal for that besides that King Philip was Son of King Emmanuâ—ls Eldest Daughter he was Brother also to King Sebastians Mother yet the said Cardinal entred peaceably and by consent of all parties but for that he was Old and Unmarried and not like to leave any Child of his own there began presently the Contention in his days who should be his Successor To which Succession did pretend five Princes of the Blood-Royal of Portugal besides the Lady Catharine Queen-Mothers of France who pretended by her Mothers side to be Descended of one Lord Ralph Earl of Bullain in Piccardy which Ralph was Eldest Son of Alfonsus the third King of Portugal which Alfonsus before he was King to wit in the time of his Eldest Brother King Sanches of Portugal was Married to the Countess and Heir of Bullain Named Mathildis and had by her this Ralph But afterwards this Alfonsus coming to be King of Portugal he Married again with the King of Castile's Daughter and had by her a Son called Denyse who reigned after him and his Successors unto this day all which Succession of King Denyse and his Posterity the said Queen Mother would have improved and shewed that it appertained unto her by the said Raphe and for this cause sent she to Portugal one Lord Vrban Bishop of Comince in Gascony to plead her Cause which Cause of hers was quickly rejected and only the aforesaid five Princes Descended of King Emmanuel's Children were admitted to the Tryal for the same which were Don Antonio Son of Lord Lewis the King Cardinals Elder Brother and King Philip of Spain Son of Lady Elizabeth the Eldest Sister of the said Cardinal and Philibert Duke of Savoy Son of the Lady Beatrix the same Cardinals Younger Sister and the two Dutchesses of Parma and Bragansa named Mary and Catharine Daughters of Lord Edward Younger Brother of the said Cardinal and Youngest Child of the said King Emmanuel And for that the Lady Mary Dutchess of Parma which was the Elder of the two Daughters was Dead before this Controversy fell out her Eldest Son Lord Ranutio now Duke of Parma pretended by her Right to the said Crown And for that this matter was of so great Importance every party procured to lay down their Reasons and declared their Rights in the best manner they could and such as could not be present themselves in Portugal sent thither their Agents Embassadors and Attorneys to plead their Cause for them Don Antonio and the Dutchess of Bragansa as Inhabitants of that Kingdom were present and declared their pretences Namely Don Antonio by himself and for himself and the Lady Mary of Bragansa by her Husband the Duke and his Learned Councel The Prince of Parma sent thither for his part one Ferdinando Farneso Bishop of Parma The Duke of â—avoy seâ—t Charles of Rovere afterward made Cardinal The King of Spain as the greatest pretender sent the Lord Peter Gyron Duke of Osuna afterward Viceroy of Naples and Sir Christopher de Mora Knight of his Chamber at that time but since of his Privy-Council and lately made Earl of Castil Rodrigo in Portugal of which Country he is a Native and besides these two a great Lawyer Named Roderigo Vasques made since as I hear say Lord President of Castil which is as much almost as Lord Chancellor with us All these did lay forth before the King Cardinal their several Reasons and Pretensions to the Succession of the Crown of Portugal for the five persons before-mentioned whereof two were quickly excluded to wit the Duke of Savoy for that his Mother was Younger Sister to King Philip's Mother and himself also of less Age then the said King And secondly Don Antonio was also excluded by publick and Judicial Sentence of the King Cardinal his Uncle as Illegitimate and Born out of lawful Wedlock And Albeit Don Antonio denyed the same and went about to prove himself Legitimate affirming that his Father the Lord Lewis before his Death had Married with his Mother in secret and for this brought forth some Witnesses as Namely his Mothers Sister with her Husband and two others Yet the King Cardinal affirmed that upon Examination he had found them Suborned which he said was evident to him partly for that they agreed not in their Speeches and partly for that some of them had Confessed the same to wit that they were Suborned whom he cast into Prison and caused them to be punished And so sitting in Judgment accompanied with four Bishops and four Lawyers whom he had called to assist him in this Cause he pronounced the same Don Antonio to be a Bastard for
which was not a little for the advancement of King Philip's Title before them both as presently shall be shewâ—d It was replied against this answer in the behalf of the Duke of Parma that the last King Sebastian entred the Crown by way of Representation and not by propinquity of Blood for that he was a degree further off in propinquity of Blood from King John the III. whom he succeeded than was the Cardinal for that he was but his Nephew to wit his Sons Son and the Cardinal was his Brother and yet was the said Sebastian admitted before the Cardinal for that he represented the Place and Right of his Father Prince John that dyed before he inherited and so we see that in this case Representation was admitted said they and in like manner ought it to be now To this it was said that Sebastian was not so much preferred before his great Uncle the Cardinal by vertue of Representation as for that he was of the right Descendant line of King John and the Cardinal was but of the collateral or transversal Line and that all Law alloweth that the right Line shall first be served and preferred before the Collateral shall be admitted so that hereby Representation is nothing furthered This exclusion of Representation did greatly further and advance the pretence of King Philip for the excluding of both these Ladies and their Issues for that supposing as this answer avoucheth that there is no Representation of Father or Mother or Predecessors to be admitted but that every pretender is to be considered only in his own person then it followeth said these men which plead for the King that King Philip being in equal degree of propinquity of Blood with the two Ladies in respect as well of King Henry yet living for that they were all three children of Brother and Sister it followeth that he was to be preferred before them both as well in respect that he was Man and they both Women as also for that he was elder in age and born before them both And albeit the Duke of Parma alledged that he was one degree further off from the foresaid Kings than was King Philip so as not respecting Representation of their Parents that is to say not considering at all that King Philip descended of a Woman and the two Dutchesses of a man but only especting their own persons as hath been declared these mâ—n avouched that King Philip's person was evidently to be preferred for that he was a degree nearer in Blood than the Duke of Parma and superior in sâ—x and age to the Lady Catharine of Bragansa Moreover the Lawyers of King Philip's side affirmed that he was nearer also in propinqâ—ity of blood to King Sebastian the last King than was the very King Cardinal himself and much more than any of the other two pretenders for that he was Brother to the said King Sebastian's Mother and the Cardinal was but Brother to his Grandfather And besides this they alledged that Portugal did belong to the Crown of Castil by divers other means of old as for that it could not be given away by Kings of Castil in Marriage of their Daughters as the principal parts thereof had been as also for that when King John the I that was a Bastard was made King of Portugal by Election of the People the Inheritance thereof did evidently appertain to King John of Castile that had to Wife the Lady Beatrix Daughter and Heir of Ferdinand King of Portugal from which Inheritance of that Crown by open injury both she and her Posterity whose Right is in King Philip at this day were debarred by the intrusion of the said John Master of Avis bastard brother of the foresaid King Ferdinand Thesâ— Reasons alledged divers Lawyers in the behalf of King Philip and those not only Spaniards but also of divers other Countries and Nations as my authors before-named do avow and many books wâ—â—â— written of this matter and when the contention was at the hotest then died the King Cardinal before he could decide the same controversy upon which occasion the King of Spain being perswaded that his Right was best and that he being a Monarch and under no temporal Judge was not bound to expect any other judgment in this Affair nor to subject himself to any other Tribunal but that he might by Force put himself in possession of that which he took to be his own if otherwise he could not have it delivered unto him for so write these Authors by me named seeing also Don Antonio to pretend the said Kingdom by only Favour of some popular party that he had in Lisbon the said King Philip entred upon Portugal by Force of Arms as all the World knoweth and holdeth the same peaceably unto the day And I have been the longer in setting down this contention about the Succession to the Crown of Portugal for that it includeth also the very same pretence and contention for the Crown of England For that all these Princes before-named may in like manner pretend the Succession of that Interest to the House of Lancaster and by that to the Crown of England which doth descend from Queen Philippa eldest Daughter of John of Gaunt Duke of Lancaster and Sister of King Henry the IV. as hath largely been declared And albeit that some men will sâ—y that this matter is now decided which of these Princes of the House of Portugal entreth also thereby to the other Right of Succession of England yet others will say no for that the Laws of Succession in Portugal and England be different For that in England Representation taketh places so as the children of the Son â—hough they be Women shall never be preferred before the Children of the Daughter though they be Men whereof these men do infer that seeing the Lady Philips Right before-mentioned to the Dukedom of Lancaster and thereby also to the Crown of England is to be preferred according to the Laws of England and not by the Laws of other Foreign Countries it followeth that the self same Right of Succession that is pretended at this day by the Princes of Portugal for succeeding the said Lady Philippa should be determined only by the Laws of England where Representation taketh place and not by the Laws of any other Nation Thus say they But against this others do alledge that the question is not here by what Law this pretence of the Blood Royal of Portugal to the Crown of England is to be tried but rather who is the true and next Heir and Successor unto King John the I. and to his Wife Queen Lady Philippa Heir of the House of Lancaster which two Princes were King and Queen of Portugal and their true Heir at this day hath the forenamed pretence to the Crown of England true and next Hâ—â—r being once known it little importeth by what Lâ—w he pretendeth his said Right to England whether by that of England or by
Lancaster Joan eldest Daughter married to L. Mowbray Mary second Daughter married to Hen. L. Percy Hen. 2d Son Earl of Lancaster Darby and Lâ—icester H. II. 1st D. of Lancaster made by Edward III. J. of Ga. 3d. Son of Ed. D. of Lanâ— by his 1st Wife Blanch Heir of Lancaster first Wife to Jo. of Gaunt 13. Hen. IV. first King of the House of Lanc. 1406. 14. Henry V. King of England 1414. 15. Hen. VI. deposed by the House of York Edw. Prince of Wâ—les slain by the house of York Eleanor 3â— Daughter married to â— E. of Arunâ—el The 1st Son Earl of Lancaster died without issue John the 3d. Son Earl of Darby Edmond Crockbâ—â—k 2d Son Earl of Lancaster 8. Henry III. succeeded his Father John 1316. 9. Edward I. Son of Henry III. reigned 1272. 10. Edward II. afterward deposed 11. Edw. III fâ—om whom bâ—gan the â—â—uses of Lan â— York 1326. Edw. Prince of Wales 1st Son died before his Fath. 12. Richard II. deposed by H. D. of Lanc. 1460. The House of Britany by the Second â—â—ay Beatrix married to John II. Duke of Britany Arth. II. D. of Brit. whose title ends in the Inf. of Sp. John II. that married Beatrix John the first of that name D. of Britany The House of Devonshire H. D. of Exeter had no issue and left all to 's sister Ann married to Siâ— T. Nevil Father of R. J. E. of West John Holland D. of Exeter Son of Elizabeth Elizabeth 2d Daughter married to J. H. D. of Exet. The House of PORTUGAL Philippa eldest daughter married to John I. K. of Port. Edward I. K. of Port. Son of Queen Philippa Alfonsus V. eldest Son King of Portugal John II. King of Portugal Ferdinand â—d Son D. of Viseo in Portugal Emmanuel King of Portugal Son of D. Ferdinand Henry 3d. Son Cardinal and K. of Portugal John III. eldest Son K. of Portugal John Prince of Portugal died before his Father Sebastian K. of Portugal slain in Barbary Lewis 2d Son never married Anthony Illegitimate Son of Lewis Isabel eldest Daughter of K. Em. born next K. John The Line of Castile Const. Heir of K of Castile 2d Wife of Jo. of Gaunt Catherine married to K. Henry III. of Castile John I. King of Castile Son of Catherine Isab. married to Ferd. K. of Aragâ—n sirnam'd Cathaâ— Joan marrito Philip I. Arch-Duke of Austria Chacees V. Emperour and King of Spain Philip II. King of Spain Isabel 〈◊〉 ta of Spain eldest Daughter Philip III. prince of Spain Cathar 2d Daughter married the D. of Savâ—y Edward Infanta of Portugal younger Son Katharine 2 daughter married to John D. of Bragansa Theodosius Duke of Bragansa Edward Alexander Philip Brothers of Theâ—dosius Mary eldest Daughter married Al. D. of Parma Ranutius the first Son D. of Parma Edward 2d Son Cardinal The House of Clarence Lionel 2d son D. of Clarence died before his Father Philipa married to Edm. Mortimer E. of March Roger Mort. 4th E. of March died in Ireland Ed. Mortim. E. of March slain in Irel. without Issu Mortim. younger son died without Issue The House of Buckingham Edm. of Langly D. of York 4th Son of K. Edward Edw. eldest Son D. of York had no Issue Th. of Woodst D. of Glo. 5th son of E. III. slain by his Neph Rich. Ann mar to â— L. Staf. whereby they become Duke of Bucks The House of YORK Richard â—d Son D. of York husband of Ann Ann Mort. mar the D. of York by which they claim R. Plantagâ—net D. of York 1 st pretendâ—r of that house 18. Rich. III. 2d Son of Rich. D. of York 1483. Edw. Prince of Wales died without Issue George Duke of Clarence 2d Son of Richard Edward Earl of Warwick put to death by H. VII Margaret Countess of Salisbury married of Rich. Pâ—ol Reginald Pool died Cardinal so England Hon. I. Mâ—â—tague â—â—t Son put to death by Henry VIII Winifred 2d daughter maried to S. T. Barington Catharine married to S. F. Hâ—stings E. of Hunting H. Hastings â—arl of Hantington and his Brethren Geffry Pool Knight Geffry Pool Arthur and Geffry Pool Sons of Geffry 18. Edw. IV. first K. of the House of York 1460. 17. Edw. V. put to death hy his Unkle Richard The Line of Somerset and of K. H. 7. The Uniting of York and Lancaster Catharine Swinford 3â— Wife to John of Gaunt John Earl of Somerset John Duke of Somerset Margaret married to Edm. Tuder â— of â—ichm 19. Henry VII King of England 1485. 20. Henry VIII King of England 1507. 21. Edw. VI. Son of Henry VIII 1546. 22. Mary eldest Daughter Queen of England 23. Elizab. â—d daughter of K. Henry 1558. Eliz. eldest Daughter of Ed. IV. married to H. VII Mary 2d daughter married Cha. Br. D. of Suf. Franc. eldest Daughter married Hen. Gr. D. of Suf. Cathar Gray had by the E. of Harts two sons Edward Seymour called Lord Bâ—aâ—ham Hen. Seymor ad Son begoten in the Tower Eleanor 2d Daughter married H. E. of Camb. Margaret married to H. Earl of Darby Ferdinand L. Strange and his Brother Jama IV. K. of Scots first husband of Margaret Margar. eldest daughter married twico Arch. Doug. E. of Angus 2d Husband of Margaret James V. King of Scotland Margaret married to Matthew E. of Lanox Mary Queen of Scotland put to death in England Henry Lord Darly Husband of Mary Charles 2d Son married to Eliz. Candish James VI. King of Scotland The Lady Arabella Polyd. in vita â— VIII Occasions of meeting The matter of Succession discussed Mr. Promely Mr. Wentworth Two Lawyers Many pretenders to the Crown of England Sucession doubtful and why Three or four principal heads of pretendors 1. Lancaster 2 York 3. The two houses joyned Circumstances of the time present The Romman Conclave Succession includeth also some kind of election Of this more afterwards Cap. 4 5. Nearness only in bloud not sufficient M◠〈…〉 in 〈◊〉 pretenders Two principal points handled in this book Two parts of this conference Bellay apollog pro reg cap. 20. Not only Succession sufficient That no particular form of Government is of Nature To live in Company is Natural to man and the ground of all Common-Wealths Plato de repub Cicero de repub Aristotle polit Divers Praeses 1. Inclination universal Pompon Mela. lib. 3. cap. 3 4. Tacit. l. 8. 2. Speech Aristot. l. 1.1 pol. c. 1.2.3.4 3. Imbecility of man Theoph. lib. de Plaut Plutarch conde fortuna lib. de pietatem in parent Note this saying of Aristotle 4. The use of Justice and Friendship Cicero lib. de amicitia The use of charity and helping one an other August lib. de amicitia Gen. 2. v. 18. That Government and Jurisdiction of Magistrates is also of Nature 1. Necessity Job 10. v. 22. 2. Consent of Nations Cicero li. 1. de natura Deorum 3. The Civil Law Lib. 1. digest tit 2. Scripture Prov. 8. Rom. 13. Particular form of Government is free Arist. li. 2.
not of the House of Lancaster The King of Scots forrain born The controversie about forrain birth How strangers may inherit Reasons why the statute toucheth not one case The Crown not holden by allegiance 5. Reason King Henrys Testament against the King of Scots Answers to the King's Testament The King of Scots excluded by the statute of association Joyning of England and Scotland together Polyd. lib 17. in vit Edw. l. Inconveniences of bringing Strangers into England A Consideration of Importance Polyd. Hist Ang. l. 8. 9. Example of Spain Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dom. 1383. Sâ—ow pa. 4. 54 59 90 76. Of â—he 〈◊〉 of Scotland Of the title of Lady Arabella An English Woman Against Arabella Not of the House of Lancaster The Testament of King Henry The countess of Darby nearer by a degree Illegitimâ—tion by â—â—sâ—ardy The Testimony of the L. William Howard Other reasons of 〈◊〉 against Arabâ—l◠〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. â— The Issue of Charles Brandon Issue of Lady Frances Stow an 7. Edon 6. The Issue of the Lady Katharine The Issue of Lady Eleanor Allegations of the Houses of Darby and Hartford the one against the other Charles Brandon had a Wife alive First Bastardy against the Issue of Hartford Stow in vit Edward An. 1553. 2 Bastardy 3 Bastardy The fourth Bastardy common to both Families of Suffolk The Answer of tâ—ose of Hartford to the foresaid Bastardies Of the marriage between the Earl of Hartford and the Lady Katharine Gray How the second Son of the Earl of Hartford may be legitimate Allegations of the House of Darby Why the Earl of Huntingtonâ—â— House is 〈◊〉 to be of the House of Clarenâ—e Issue of tâ—â— House of Clâ—rence Issue of â—iâ— Geffrey Poole The interest and pretence of the Earl of Huntington Objections against the Earl â—f Huntingtâ—n Restitution may be in blâ—â—d without restitution of dignity The Pretence of the Pooles against Huntington Objections of Religion The House of Britany The course of Inheritance in the Crown of France First pretence of the Infanta to England Polyd. in vit Guil. Ruâ—â— Second pretence of the Infanta of Spain Pretence to Aquitain Polyd in vit Johan Garib in vit Alfons Pretences to England by Lady Blanch. Stow in vit Johannis Garib l. 12 c. 38. Pretence by Arthur Duke of Britany Belfor l 3. c. 71. Hist. Fran. Election of Lewis VIII to be King of England Poâ—yd l. 5. Hist. Angl. Hollings Stow in vit Johannis Belfor l. 2. c. 67. Girrard l. 5. Histor. Baudin an 891. chron France Pretence by Descent from Henry III. Admission by Composition Objections against the Infanta's pretence The Princes of Portugal are of the House of Lancaster The Issue of Lady Philippa Qu. of Portugal Issue of â—â—hn of Gaunt 〈…〉 â—ee the Arâ—â—◠〈◊〉 â—he 〈…〉 Book The point of difficulty Issue of Catharine Swinford The principal question Answer Dutchy of Lancaster The Crown An example of Edward the sixth and of the Prince of Spain 〈◊〉 of 〈◊〉 of Portugal The Dukedom of Lancaster The Legitiâ—â—â—ion â—f Câ—thâ—rin Swinfâ—rds Chilâ—â—â—â— noâ— lawfâ—l Stow in vit Riâ—har 2. Garibay hâ—st Portugal l. 35. cap. 4. Note this example â—tow in vit Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the Lâ—gitimaâ—ion The Question between Lady Philippa and John of Somerset The Question between the Nephews 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th cannot descend to King Henry the 7th Who are the Princes of Portugal and how they pretend â—o England The Issue of King Emmanuel of Portugal Issue of K. John the 3. of Portugal K. Lewis Father of Don Antonio K. Henry Cardinal The pretence of the Qunen Mother of France to Portugal Five Pretenders of the Crown of Portugal The contention about the Succession of Portugal Attorneys sent to Portugal A Sentence of Illâ—â—â—imation against Don Antonio Writers of this Controversy The Causes why Don Antonio was pronounced Illegitimate Don Antonio his pretence to England Three principal pretenders of Portugal Pretences of the Duke of Parma For the Dutchess of Bragansa Representation excluded A Reply for â—he Duâ—e oâ— Paâ—ma King Philip 's pretence to Portugal Divers allegations for King Philip. Hieron Frakâ— Jo. Pâ—et Vipeâ— anus The case of pretence of the House of Portugal to England An objection with the answer Objections against the Pretenders of Portugal Answers Note this By what Title King Henry VII did enter About foreign power in England About Foreign Government The occasion of the next chapter about Foreign Government Reasons against foreign Government Polit. Arist. Demosthenis Philippicae in Aeschines Attempts to deliver Realms from strangers Quint. Curt. l. 5 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. l. 8. Hollings in vit Camiti The rage of the French against the English The conclusion against Strangers Authority of Scripture against strangers Deut. 15. The answer in defence of foreign Government The effect of Governments to be considered and not the Governours An Example Little importeth the Subject of what Country his Governour is so he is good 1 Reg. 12. Not the Country but the good Government importeth Note these examples Who are properly Strangers Divers manners of being under Strangers To be undder strangers by Conquest How Conquerours do proceed towards â—he Conquered Polydor Virg. l. 8. Hist. Angliae Clemensy of the Romans Lib. 1. Macchab. â—ap 8. Strangers most favoured in wise Governments Gascoynes Britons Candians States oâ— Italy The condition of the Irish under the English Of the States of Flanders Girard du Haâ—lan l. 18. an 1381. Prosperity of Flanders under the House of Austria In Guiâ—ciard nella descrittione delli pasi bassi The Authority of the Flomings at home The Indulgence miâ—d â—o offenders 〈◊〉 â—landers The Spaniard punisheth less in Italy than nearer home Vâ—ceroyes do give account of their Government Much slaughter of Nobility in England Execution of Nobility by Henry the eight Under King Edward and Queen Mary States governed happily by foreign Princes Old afflictions of Naples and Millain Whether a great or little Prince be better Pedro Mexio en vit de Antonio Piâ—â— The felicity of the Roman Government The second way of being under a foreign Prince A foreign Prince without Forces not prejudicial Note this utility of a foreign King The manner of foreign Prince more commodious for the present A third way of being under foreign Government 〈◊〉 of 〈◊〉 Gâ—veâ—â—ent Inconâ—â—â—enceâ— of tâ—â—s Government Strange Governoâ—â—â— desired in some Realm The Answer to objections against foreign Government Answer the Grecian Philosophers and Orators Demosthenes The troublsome state of the Grecian Cities Arist. l. 2. â—olit c. 1.2 â—â—â—wer to 〈◊〉 objection out of Deuteronomy Deut. 15. Secondary Lines Ambiguity of Prevailing Two Grounds of probability of speeding Three Religions in England The great Importance of Religion in this Action The next Change like to be difficult and why The consideration of the Protestant Party The Clergy The Council and Nobility Persons designed or favoured by the Protestant Party Foreign Friends of the Protestants Of the Party Puritan Persons affected by the Puritans External Friends Lutheranâ— The Puritan at home Those of the Roman Religion Tâ—e Râ—man Party grâ—at and wâ—y 1 Reg â—2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular The King of Scotland Arabella The Lord Beacham and the Earl of Darby Alliance of the Earl of Darby Aâ—â—ance of the Seymers Alliance â—â— the Stanleys Aâ—lâ—ance of the old Countess of Darby The States of the Lord Beacham and the Earl of Darby 〈…〉 Lords The Earl of Huntington 〈◊〉 of the 〈…〉 â—untingâ—â—â— The Power of London Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal Infanta of Spain Duke of Parma The Duke of Bragansa Power of foreign Pretenders The first Conjecture that there will be War and why Sup. c. 4. A consideration to be marked The second conjecture no main Battel probable The third Conjecture who is likest to prevail For the Infanta of Spain For the Earl of Hartfod's second Son Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit Steph.
of Kin also to King Henry the eighth of England yet could he never get to be restored but passed his time miserably partly in Banishment and partly in Prison until he died But it shall be best perhaps to end this short Narration with an Example or two out of England it self for that no where else have I read more remarkable accidents touching this point than in England but for brevity sake I shall only touch two or three that have happened since the Conquest for that I will go no higher though I might as appeareth by the Example of King Edwin and others neither will I begin to stand much upon the Example of King John though well also I might for that by his evil Government he made himself both so odious at home and contemptible abroad having lost Normandy Gascoin Guyen and all the rest in effect which the Crown of England had in France as first of all he was both Excommunicated and Deposed by the Sentence of the Pope at the Suit of his own people and was forced to make his peace by resigning his Crown into the hands of Pandulf the Pope's Legaâ—e as Polidor recounteth and afterwards falling back again to his old defects and naughty Government albeit by his promise to the Pope to go and make War against the Turks if he might be quiet at home and that his Kingdom should be perpetually tributary to the See of Rome he procured him to be of his side for a time and against the Barons yet that stayed not them to proceed to his Deprivation which they did effectuate first at Canterbury and after at London in the 18 th and last year of King John's Reign and meant also to have disinherited his Son Henry which was afterwards named King Henry the 3 d. and at that time a Child of Eight years old only and all this in punishment of the Father if he had lived and for that cause they called into England Lodowick Prince of France Son to King Philip the second and Father to St. Lewis the ninth and chose him for their King and did swear him Fealty with general consent in London in the year of our Lord 1216. And but that the Death of King John that presently ensued alter'd the whole course of that defignment and moved them to turn their purposes and accept of his Son Henry before matters were fully established for King Lodowick it was most likely that France and England would have been joyned by these means under a Crown But in the end as he said King Henry the third was admitted and he proved a very worthy King after so evil as had gone before him and had been Deposed which is a circumstance that you must always note in this Narration and he reigned more years than ever King in England did before him for he reigned full Fifty three years and left his Son and Heir Edward the first not inferiour to himself in Manhood and Virtue who reigned 34 years and left a Son named Edward the second who falling into the same or worse defects of Government than King John his Great-Grand-father had done was after 19 years reign Deposed also by Act of Parliament holden at London in the year 1326. and his Body adjudg'd to perpetual Imprisonment he being Prisoner at that present in the Castle of Wallingford whither divers both Bishops Lords and Knights of the Parliament were sent unto him to denounce the Sentence of the Realm against him viz. How they had deprived him and chosen Edward his Son in his stead For which act of choosing his Son he thanked them heartily and with many tears acknowledged his own unworthiness whereupon he was degraded his Name of King first taken from him and he appointed to be called Edward of Carnarvan from that hour forward and then his Crown and Ring were taken away and the Steward of his House brake the Staff of his Office in his presence and discharged his Servants of their Service and all other people of their Obedience or Allegiance towards him And towards his maintenance he had only a hundred Marks a year allowed for his Expences and then was he delivered also into the hands of certain particular Keepers who led him Prisoner from thence by divers other places using him with extreme indignity in the way until at last they took his Life from him in the Castle of Barklay and his Son Edward the third reigned in his place who if we respect either Valour Prowess length of Reign Acts of Chivalry or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had though he were chosen in the place of a very evil one as you have seen But what shall we say Is this worthiness which God giveth commonly to the Successors at these changes perpetual or certain by Descent No truly noâ— the example of one Prince's punishment maketh another to bewares for the next Successor after this noble Edwardâ— which was King Richard the second though he were not his Son but his Sons Son to wit Son and Heir to the renowned Black Prince of Walâ—s This Richard I say forgetting the miserable end of his Great-Grand-father for evil Government and the felicity and virtue of his Father and Grand-father for the contrary suffered himself to be abused and misled by evil Counsellors to the great hurt and disquiet of the Realm For which cause after he had reigned 22 years he was also Deposed by Act of Parliament holden in London in the year of our Lord 1399. and condemned to perpetual Imprisonment in the Castle of Pontefract where he was soon after put to death also and used as the other before had been And in this man's place by free Election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards so notable a King as the World knoweth and was Father to King Henry the fifth commonly called the Alexander of England for that as Alexander the Great conquered the most part of Asia in the space of 9 or 10 years so did this Henry conquer France in less than the like time I might reckon also in this number of Princes Deposed for defect in Government though otherwise he were no evil man in life this King Henry the fourths Nephew I mean King Henry the sixth who after almost forty years Reign was Deposed and Imprisoned and put to death also together with his Son the Prince of Wales by Edward the fourth of the House of York and the sameâ— was confirmed by the Commons and especially by the people of London and afterwards also by publick Act of Parliament in respect not only of the Title which King Edward pretended but also and especially for that King Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parliament between
him and the Duke of York and solemnly sworn on both sides the 8 th of October in the year 1459 In punishment whereof and of his other negligent and evil Government though for his own particular Life he was a good man as hath been said Sentence was given against him partly by Force and partly by Law and King Edward the fourth was put in his place who was no evil King as all English-men well know but one of the renownedst for martial Acts and Justice that hath worn the English Crown But after this man again there fell another accident much more notorious which was That Richard Duke of Glocester this King Edward's younger Brother did put to death his two Nephews this man's Children viz. King Edward the 5 th and his little Brother and made himself King And albeit he sinned grieveously by taking the Crown in this wicked manner yet when his Nephews were once dead he might in reason seem to be lawful King both in respect that he was next Male in Bloud after his Brother as also for that by divers Acts of Parliament both before and after the death of those Infants his Title was authorized and made good and yet no man will say I think but that he was lawfully deposed again afterwards by the Commonwealth which called out of France Henry Earl of Richmond to chastize him and to put him down and so he did and took from him both Life and Kingdom in the Field and was King himself after him by the Name of King Henry the seventh And no man I suppose will say but that he was lawful King also which yet cannot be except the other might be lawfully deposed And moreover as I said at the beginning I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before-named that were deprived viz. John Edward the second Richard the second Henry the sixth and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinite important Acts in their Commonwealths and among other have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Bloud-Royal and the like all which was unjust and is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that do pretend to the Crown of England at this day can have any Title at all because they descend from those men who were put up in place of the Deprived And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed of and assisted the same with good success unto the Weal-publick And if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity if there be due reason and causes for the same which is the head point that first we began to treat of said the Civilian and with this ended he his Spech without saying any more CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes which in the former Chapter is mentioned What Interest Princes have in their Subjects Goods or Lives How Oaths doth bind or may be broken by Subjects towards Princes And finally the difference between a good King and a Tyrant WHen the Civilian had ended his Speech the Temporal Lawyer looked upon the standers by to see whether any would reply or no and perceiving all to hold their peace he began to say in this manner Truly Sir I cannot deny but the examples are many that you have alledged and they seem to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put down by their Common-Wealths for their evil Government And good Successors commonly raised up in their places and that the Common-Wealth had Authority also to do it I do not greatly doubt at least wise they did it de facto and now to call those facts in question were to imbroyl and turn up-side-down all the states of Christendom as you have well signified but yet for that you have added this word Lawfuly so many times in the course of your narration I would you took the pains to tell us also by what Law they did the the same seeing that Belloy whom you have named before and some other of his opinion do afirm that albeit by nature the Commonwealth have authority over the Prince to choose and appoint him at the beginning as you have well proved out of Aristotle and other ways Yet having once made him and given up all their Authority unto him he is now no more Subject to their Correction or Restraint but remaineth Absolute of himself without respect to any but only to God alone which they prove by the example of every particular Man that hath Authority to make his Master or Prince of his Inferior but not afterwards to put him down again or to Deprive him of the Authority which he gave him though he should not bear himself well and gratefully but Discourteous rather and Injuriously towards him that gave him first this Authority To which also they do alledge the Speech of the Prophet Samuel in the first Book of the Kings where the People of Israel demanded to have a King to Govern over them as other Nations round about them had and to leave the Government of the High Priests under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods express order protested unto them in this manner Well quoth he you will have a King hearken then to this that I will say Hoc erit jus regis qui imperaturus est vobis This shall be the Right and Power of the King that shall rule over you to wit He shall take from you your Children both Sons and Daughters your Fields and Vineyards your Harvest also and Rents your Servants Hand-maids and Herds of Cattel and shall give them to his Servants and you shall Cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to Govern you Thus far the Prophet Out of all which discourse and Speech of the Prophet these Men do gather that a King is nothing so restrained in his Power or Limited to Law as you have affirmed but
any Crown before he be Crowned or admitted by the Commonwealth To the First I say that to Succession alone or priority of Bloud only great honour reverence and respect ought to be born as before hath been declared for that it is the principal circumstance condition which leadeth us to the next Succession of the Crown infallibly without all strife If his propinquity be clear and evident and that other necessary circumstances and conditions do concurr also in the same person which conditions were appointed and set down at the same time and by the same authority that this Law of Succession was established for that both the one and the other of these two Points were ordained by the Commonwealth to wit that the Elder and First in Bloud should succeed and that he should be such a person as can and will Govern to the Publick Weal of all as often and largely before hath been avouched and proved To the second Question I answer That an Heir apparent to a Crown before his Coronation and Admission by the Realm if he have the Conditions before-required hath the same Interest to the Kingdom which the King of Romans or Caesar hath to the German Empire after his Election and before he be Crowned And to use a more familiar Example to Englishmen as the Mayor of London hath to the Mayoralty after he is chosen and before he be admitted or have taken his Oath For as this man in rigour is not truly Mayor nor hath his Jurisdiction before his Oath and Admission nor the other is properly Emperour before he be Crowned so is not an Heir apparent truly King though his Predecessor be dead and he next in Succession untill he be Crowned or Admitted by the Commonwealth Another Example is there in Marriage also whereby our matter is made more plain for in this Contract go both the Betrothing and actual Joining together of the Parties in Wedlock the First is done by words de futuro or for the time to come and is not properly Marriage but Espousal only The other is by words de praesenti that is by mutual present consent given of both Parties and this second is only and properly true Marriage which two points are expresly represented in the state of an Heir apparent and of a Crowned King for that the Heir apparent by propinquity of Bloud is only espoused or betrothed to the Commonwealth for the time to come and is married afterwards by present mutual consent of both Parties in the Contract and knitting up of the matter at his Coronation by the Oaths which either part maketh the one to take the other and by putting on the Ring and other Wedding garments before-mentioned in their Coronations by all which the Heir apparent which was but Espouse is made now the true King and Husband of the Commonwealth which before he was not by only Succession but only a betrothed Spouse or designed King as hath been declared Wherefore it followeth also that the Common-wealth oweth no allegiance or subjection unto the Heir apparent in rigour of Justice until he be Crowned or Admitted though his Predecessor be dead for that in very deed until that time he is not the true King and Soveraign though for better keeping of Order and avoiding of Tumults all Commonwealths lightly that have their Princes by Succession have ordained in these latter Ages that from the death of the former Princes all matters of Government shall pass in the Name of his next Successor if his Succession be clear and this as I say for avoiding of Garboils and under supposal of Confirmation and Approbation afterwards of the Commonwealth at his Coronation for which cause also and for better account of years it was ordained that the beginning of the Successors Reign should be reckoned from the day of the death of his predecessor and not from the day of his Coronation as otherwise in rigour it ought to be and as in old time it was accustomed to be as Gerard Secretary and Chronicler of France to wit that Kings in old time were wont to account the years of their Reigns from the day only of their Anointing and Coronation This point also that Heirs apparent are not true Kings until their Coronation how just soever their Title of Succession otherwise be and though their Predecessors be dead it might be confirmed by many other Arguments but especially and above all others for that the Realm is asked again three times at their Coronation Whether they will have such a man to be King or not as before hath been shewed which thing were in vain to ask if he were truly King as Belloy saith before his Coronation Again we see in all the Forms and different manners of Coronations before-recited that after the Prince hath sworn divers times to Govern well and justly then do the Subjects take other Oaths of Obedience and Allegiance and not before which argueth that before they were not bound unto him by Allegiance and as for the Princes of England it is expressly noted by English Historiographers in their Coronations how that no Allegiance is due unto them before they be Crowned and that only it happened to Henry the Fifth among all other his Predecessors to have this Priviledge and this for his exceeding towardliness and for the great affection of the People towards him that he had homage done unto him before his Coronation and Oath taken Whereof Polidor writeth in these words Princeps Henricus facto Patris funere concilium Principum apud Westmonasterium convocandum curat in quo dum de Rege creando more majorum agitabatur esse tibi continuo aliquot Principes ultro in ejus verba mirare coeperunt quod benevolentiae â—fficium nulli antea priusquam Râ—x renunciatus esset praestitum constat adeo Henricus ab ineunte aetate spem omnibus optimae indolis â—ecit Which in English is this Prince Henry after he had finished his Father's Funerals caused a Parliament to be gathered at Westminster where whilst Consultation was had according to the antient Custom of England about creating a new King behold upon the sudden certain of the Nobility of their own Free wills began to swear Obedience and Loyalty unto him which demonstration of Love and Good-will is well known that it was never shewed to any Prince before until he was declared King so great was the hope that men had of the Towardliness of this Prince Henry even from his tender age thus far Polidor in his Story of England And the very same thing expresseth John Stow also in his Chronicle in these words To this Noble Prince by assent of the Realm after three days offered to do Fealty before he was Crowned or had solemnized his Oath well and justly to Govern the Common-wealth which offer before was never found to be made to any Prince of England Thus much Stow In whose Narration as
by the name of King Vermudo the Second who left after him Don Alonso the Fifth and he again his son Don Vermudo the Third who marrying his sister Dona Sancha that was Heir unto Don Ferdinando the first Earl and then King of Castile who was second son to Don Sancho Mayor King of Navar as before hath been said he join'd by these means the Kingdoms of Leon and Castile together which were separate before and so ended the line of Don Pelayo first Christian King of Spain after the entrance of the Moors which had endured now three hundred years and the Bloud of Navar entred as you see and so continued therein until the entrance of those of Austria as before hath been said which was almost five hundred years together And thus much I thought good to note out of the Histories of Spain for this first descent of the Spanish Kings after the entrance of the Moors neither mean I to pass much further both for that it would be too long as also for that mine Author Morales who is the most diligent that hath written the Chronicles of that Nation endeth here his History with King Vermudo the Third and last of the Gothish Bloud Notwithstanding if I would go on further there would not want divers evident Examples also to the same purpose which Stephen Garabay another Chronicler of Spain doth touch in the continuation of this History whereof for Examples sake only I will name two or three among the rest And first about the year of Christ 1201. there was a Marriage made by King John of England for Dona Blancha his Neece that is to say the daughter of his Sister Dame Eleanor and of Don Alonso the Ninth of that name King and Queen of Spain which Blancha was to marry the Prince of France named â—uys Son and Heir to King Philip sirnamed Augustus which Luys was afterwards King of France by the name of Luys the VIII and was Father to Luys the IX sirnamed the Saint This Lady Blancha was Neece as I have said unto King John and to King Richard the First of England for that her Mother Lady Eleanor was their sister and daughter to King Henry the Second and King John made this Marriage thereby to make peace with the French and was content to give for her Dowry for that he could not tell how to recover them again all those Towns and Countreys which the said King Philip had taken from the English by this King 's evil Government in Normandy and Gascony and moreover promise was made that if the Prince Henry of Spain that was the only brother to the Lady Blanch should die without issue as after he did then this Lady should succeed in the Crown of Spain also But yet afterwards the State of Spain would not perform this but rather admitted her younger sister Dona Berenguela married to the Prince of Leon and excluded both Blanch and her son the King S. Luys of France against the evident Right of Succession and propinquity of Bloud and the only Reason they yielded hereof was not to admit Strangers to the Crown as Garabay testifieth This happened then and I do note by the way that this Dona Berenguela second Daughter of Queen Eleanor the English Woman was married as hath been said to the Prince of Leon and had by him Don Fernando the Third of that name King of Castilia sirnamed also the Saint So as the two Daughters of an English Queen had two Kings Saints for their sons at one time the elder of France and the younger of Spain After this again about threescore years the Prince of Spain named Don Alonso sirnamed de la cerda for that he was born with a great gristle-hair on his breast called Cerda in Spanish which Don Alonso was Nephew to the King Fernando the Saint and married with the Daughter of Saint Luys King of France named also Blancha as her Grand-mother was and had by her two Sons called Alonso and Hornando de la cerda as the Prince their Father was named which Father of theirs dying before the King the Grand-father left them commended to the Realm as lawful Heirs apparent to the Crown yet for that a certain Uncle of theirs named Don Sancho younger Brother to their Father which Don Sancho was sirnamed afterwards el bravo for his valour and was a great Warriour and more like to manage well the matters of War than they he was made Heir apparent of Spain and they put back in their Grand-fathers time and by his and the Realms consent their father as I have said being dead and this was done in a General Parliament holden at Segovia in the year 1276. And after this Don Sancho was made King in the year 1284 and the two Princes put into prison but afterwards at the suit of their Uncle King Philip the Third of France they were let out again and endued with certain Lands and so they remain unto this day and of these do come the Dukes of Medina Celi and all the rest of the House of Cerda which are of much Nobility in Spain at this time and King Philip that reigneth cometh of Don Sancho the younger Brother Not long after this again when Don Pedro sirnamed the Cruel King of Castile was driven out and his bastard brother Henry the Second set up in his place as before hath been mentioned the Duke of Lancaster John of Gant having married Dona Constantia the said King Peter's daughter and Heir pretended by Succession the said Crown of Castile as indeed it appertained unto him but yet the State of Spain denied it flatly and defended it by Arms and they prevailed against John of Gant as did also the race of Henry the Bastard against his lawful Brother and the race of Don Sancho the Uncle against his lawful Nephews as hath been shewed and that of Dona Berenguela against her elder Sister all which Races do reign unto this day and these three Changes of the True Line happened within two Ages and in the Third and principal descent of the Spanish Kings when this matter of Succession was most assuredly and perfectly established and yet who will deny but that the Kings of Spain who hold by the latter Titles at this day are true and lawful Kings Well one Example will I give you more out of the Kingdom of Portugal and so will I make an end with these Countreys This King Henry the Bastard last named King of Spain had a son that succeeded him in the Crown of Spain named John the First who married the Daughter and Heir 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 never agree to admit him for their King for not subjecting themselves by that means to the Castilians and for that cause they rather took for their King a Bastard
People and by help principally of Henry Newborow Earl of Warwick that dealt with the Nobility for him and Maurice Bishop of London with the Clergy for that Anselm Archbishop of Canterbury was in banishment Besides this also it did greatly help his cause that his elder Brother Robert to whom the Crown by right appertained was absent again this second time in the War of Jerusalem and so lost thereby his Kingdom as before Henry having no other Title in the World unto it but by Election and Admission of the People which yet he so defended afterwards against his said Brother Robert that came to claim it by the Sword and God did so prosper him therein as he toâ—k his said elder Brother Prisoner and so kept him for many Years until he dyed in Prison most pitifully But this King Henry dying left a Daughter behind him named Mawde or Mathilde which being married first to the Emperour Henry the V. he dyed without issue and then was she married again the second time to Geffry Plantagenet Earl of Anjow in France to whom she bare a Son named Henry his Grandfather caused to be declared for Heir Apparent to the Crown in his Days but yet after his decease for that Stephen Earl of Bollogne born of Adela Daughter to William the Conquerour was thought by the State of England to be more fit to Govern and to defend the Land for that he was at Mans age then was Prince Henry a Child of Maude his Mother he was admitted and Henry put back and this chiefly at the perswasion of Henry Bishop of Winchester Brother to the said Stephen as also by the Solicitation of the Abbot of Glassenbury and others who thought belike they might do the same with good Conscience for the good of the Realm though the event proved not so well for that it drew all England into Factions and Divisions for avoiding and ending whereof the States some Years after in a Parliament at Walâ—ingford made an agreement that Stephen should be Lawful King during his Life only and that Henry and his Off-spring should succeed him and that Prince William King Stephen's Son should be deprived of his Succession to the Crown and made only Earl of Norfolk thus did the State dispose of the Crown at that time which was in the Year of Christ 1153. To this Henry succeeded by Order his Eldest son then living named Richard and sirnamed Cordelyon for his Valor but after him again the Succession was broken For that John King Henry's youngest Son to wit younger Brother to Richard whom his Father the King had left so unprovided as in jest he was called by the French Jean sens terre as if you would say S r John Lacke Land This man I say was after the death of his Brother Admitted and Crowned by the States of England and Arthur Duke of Britain Son and Heir to Geffery that was elder brother to John was against the ordinary course of Succession excluded And albeit this Arthur did seek to remedy the matter by War yet it seemed that God did more defend this Election of the Commonwealth than the right Title of Arthur by Succession for that Arthur was overcome and taken by King John though he had the King of France on his side and he dyed pitifully in prison or rather as most Authors do hold he was put to death by King John his Uncles own hands in the Castle of Roan thereby to make his Title of Succession more clear which yet could not be for that as well Stow in his Chronicle as also Matthew of Westminster and others before him do write that Geffrey besides this Son left two Daughters also by the Lady Constance his Wife Countess and Heir of Britaine which by the Law of England should have succeeded before John but of this small account seemed to be made at that day Some years after when the Barons and States of England misliked utterly the Government and proceeding of this King John they rejected him again and chose Luys the Prince of France to be their King and did swear Fealty to him in London as before hath been said and they deprived also the young Prince Henry his Son that was at that time but eight years old but upon the death of his Father King John that shortly after insued they recalled again that sentence and admitted this Henry to the Crown by the name of King Henry the III. and disanulled the Oath and Allegiance made unto Luys Prince of France and so King Henry Reigned for the space of 53. years afterwards the longest Reign as I think that any before or after him hath had in England Moreover you may know that from this King Henry the third do take their first beginning the two branches of York and Lancaster which after fell to so great contention about the Crown Into which if we would enter we should see plainly as before hath been noted that the best of all their titles after the deposition of King Richard the second depended on this authority of the Commonwealth for that as the People were affected and the greater part prevailed so were their titles either allowed confirmed altered or disanulled by Parliaments and yet may not we well affirm but that either part when they were in possession and confirmed therein by these Parliaments were lawful Kings and that God concurred with them as with true Princes for Government of their People For if we should deny this point as before hath been noted great inconveniencis would follow and we should shake the States of most Princes in the World at this day as by examples which alreay I have alledged in part may appear And with this also I mean to conclude and end this discourse in like manner affirming that as on the one side propinquity of Bloud is a great preheminence towards the attaining of any Crown so yet doth it not ever bind the Commonwealth to yield thereunto if weightier Reasons should urge them to the contrary neither is the Commonwealth bound always to shut her Eyes and to admit at hap-hazard or of necessity every one that is next by Succession of Bloud as Belloy falsly and fondly affirmeth but rather she is bound to consider well and maturely the Person that is to enter Whether he be like to perform his duty and charge committed unto him or no for that otherwise to admit him that is an enemy or unfit is but to destroy the Common-wealth and him together This is my opinion and this seemeth to me to be conform to all Reason Law Religion Piety Wisdom and Policy and to the use and custom of all well governed Common-wealths in the World Neither do I mean hereby to prejudice any Princes pretence or Succession to any Crown or Dignity in the World but rather do hold that he ought to enjoy his Preheminence but yet so that he be not prejudiciae thereby to the whole
Darly her Husband which by many was laid against her And the second did handle her Title to the Crown of England and the third did answer the Book of John Knox the Scot entituled Against the Monstrous Government of Women Of all which three Points for that the second that concerneth the Title is that which properly appertaineth to our purpose and for that the same is handled again and more largely in the second Book set out not long after by John Lesley Lord Bishop of Ross in Scotland who at that time was Embassadour for the said Queen of Scots in England and handled the same matter more abundantly which M. Morgan had done before him I shall say no more of this Book of M. Morgan but shall pass over to that of the Bishop which in this Point of Succession containeth also whatsoever the other hath so as by declaring the Contents of the one we shall come to see what is the other The Intent then of this Book of the Bishop of Ross is to refute the other book of Hales and Bacon and that especially in the two Points before mentioned which they alledged for their Principles to wit about Foreign Birth and King Henry's Testament And against the first of these two Points the Bishop alledgeth many Proofs that there is no such Maxim in the common Laws of England to disinherit a Prince born out of the Land from his or her Right of Succession that they have by Blood And this first for that the Statute made for barring of Aliens to inherit in England which was in the 25. Year of the Reign of King Edward III. is only to be understood of particular mens inheritance and no ways to be extended to the Succession of the Crown as by comparison of many other like Cases is declared And secondly for that there is express exception in the same Statute of the Kings Children and Off-spring And thirdly for that the practice hath always been contrary both before and after the Conquest to wit that divers Princes born out of the Realm have succeeded The other Principle also concerning King Henry's Testament the Bishop impugneth first by divers Reasons and Incongruities whereby it may be presumed that King Henry never made any such Testament and if he did yet could it not hold in Law And secondly also by Witness of the Lord Paget that was of the Privy Council in those days and of Sir Edward Montague Lord Chief Justice and of one William Clark that set the Kings Stamp to the Writing all which avowed before the Council and Parliament in Queen Maries time that the said Testament was signed after the King was past sense and memory And finally the said Bishop concludeth that the Line of Scotland is the next every way both in respect of the House of Lancaster and also of York for that they are next Heirs to King Henry VIII who by his Father was Heir to the House of York But after these three Books was written a fourth by one Robert Highinton Secretary in time past to the Earl of Northumberland a man well read in Stories and especially of our Countrey who is said to be dead some years past in Paris This man impugneth all the three former Books in divers principal Points and draweth the Crown from both their Pretenders I mean as well-from the House of Scotland as from that of Suffolk and first against the Book of Hales and Sir Nicholas Bacon written as hath been said in favour of the House of Suffolk Highington holdeth with the Bishop and Morgan that these two Principles laid by the other of Foreign Birth and of King Henry's Testament against the Scotish Line are of no Validity as neither their reasons for legitimating of the Earl of Hartfords Children which afterwards shall be handled And secondly he is against both Morgan and the Bishop of Ross also in divers important Points and in the very Principal of all for that this man I mean Highinton maketh the King of Spain to be the next and most rightful Pretender by the House of Lancaster for proof whereof he holdeth first that King Henry VII had no Title indeed to the Crown by Lancaster but only by the House of York that is to say by his Marriage of Queen Elizabeth elder Daughter to King Edward IV For that albeit himself were descended by his Mother from John of Gaunt Duke of Lancaster yet this was but by his Third Wife Catharin Swinford and that the true Heirs of Blanch his first Wife Dutchess and Heir of Lancaster to whom saith he appertained only the Succession after the death of King Henry the VI. and his Son with whom ended the Line Male of that House remained only in Portugal by the Marriage of Lady Philip Daughter of the foresaid Blanch to King John the I. of Portugal and that for as much as King Philip of Spain saith this man hath now succeeded to all the Right of the Kings of Portugal to him appertaineth also the onely Right of Succession of the House of Lancaster and that all the other Descendents of King Henry VII are to pretend only by the Title of York I mean as well the Line of Scotland as also of Suffolk and Huntington for that in the House of Lancaster King Philip is evidently before them all Thus holdeth Highington alledging divers Stories Arguments and Probabilities for the same and then adjoineth two other Propositions which do import most of all to wit that the Title of the House of Lancaster was far better than that of York not for that Edmond Crookback first Founder of the House of Lancaster who was Son to King Henry the III. and Brother to King Edward the I. was eldest son to the said Edward injuriously put back for his deformity in Body as both the said Bishop of Ross and George Lylly do falsly hold and this man refuteth by many good Arguments but for that John of Gaunt Duke of Lancaster being the eldest Son that King Edward the III. had alive when he dyed should in Right have succeeded in the Crown as this man holdeth and should have been preferred before Richard the II. that was the black Princes Son who was a degree further off from King Edward the III. his Grandfather than was John of Gaunt to whom King Edward was Father and by this occasion this man cometh to discuss at large the opinions of the Lawyers whether the Uncle or the Nephew should be preferred in the Succession of a Crown to wit whether the younger Brother or the elder Brothers son if his Father be dead without being seased of the same which is a Point that in the Civil Law hath great Disputation and many great Authors on each side as this man sheweth and the matter also wanteth not examples on both parts in the Succession of divers English Kings as our Friend the Civil Lawyer did signify also in his discourse and we may chance to have occasion
and Chartres in France and the other two Polidor said dyed before they were Married and so their names were not Recorded These are the Children of King William the Conqueror among whom after his death there was much strife about the Succession For first his eldest Son Duke Robert who by order of Ancestrie by birth should have succeeded him in all his Estates was put back first from the Kingdom of England by his third Brother William Rufus upon a pretence of the Conquerors Will and Testament for particular affection that he had to this his said third Son William though as Stow Writeth almost all the Nobility of England were against William's entrance But in the end agreement was made between the two Brothers with the condition that if William should dye without Issue then that Robert should succeed him and to this accord both the Princes themselves and twelve principal Peers of each side were Sworn but yet after when William dyed without Issue this was not observed but Henry the fourth Son entred and deprived Robert not only of this his Succession to England but also of his Dukedom of Normandy that he had enjoyed peaceably before all the time of his Brother Rufus and moreover he took him Prisoner and so carried him into England and there kept him till his death which happened in the Castle of Cardif in the year 1134. And whereas this Duke Robert had a goodly Prince to this Son named William who was Duke of Normandy by his Father and Earl of Flanders in the right of his grand Mother that was the Conquerors Wife and Daughter of Baldwin Earl of Flanders as hath been said and was established in both these States by the help of Lewis the VI. surnamed Le Gros King of France and admitted to do homage to him for the said States his Uncle King Henry of England was so violent against him as first he drove him out of the state of Normandy and secondly he set up and maintained a Competitor or two against him in Flanders by whom finally he was slaine in the year of Christ 1128. before the Town of Alost by an Arrow after he had gotten the upper hand in the Field and so ended the race of the first Son of King William the Conquerour to wit oâ— Duke Robert which Robert lived after the Death of his said Son and Heir Duke William Six years in Prison in the Castle of Cardiff and pined away with sorrow and misery as both the French and English Histories do agree The second Son of the Conqueror named Richard dyed as before hath been said in his Fathers time and left no Issue at all as did neither the third Son William Rufus though he Reigned 13. years after his Father the Conqueror in which time he established the Succession of the Crown by consent of the States of England to his elder Brother Duke Roberts issue as hath been said though afterwards it was not observed This King Rufus came to the Crown principally by the help and favour of Lanfrancus Archbishop of Canterbury who greatly repented himself afterward of the error which in that point he had committed upon hopes of his good Government which proved extream evil But this King William Rufus being slayn afterward by the Arrow of a Cross-bow in Newforrest as is well known and this at such time as the foresaid Duke Robert his elder Brother to whom the Crown by Succession apperteined was absent in the War of the Holy Land where according as most Authors do Write he was chosen King of Hierusalem but refused it upon hope of the Kingdom of England But he returning home found that his fourth Brother Henry partly by fair promises and partly by force had invaded the Crown in the year 1110. and so he Reigned 35. years and had Issue divers Sons and Daughters but all were either drounded in the Seas coming out of Normandy or else dyed otherwise before their Father except only Mathildis who was first Married to Henry the Emperour fifth of that name and after his death without Issue to Geffrey Plantagenet Duke of Anjow Touraine and Maine in France by whom she had Henry which Reigned after King Stephen by the name of Henry the II. And thus much of the Sons of William the Conqueror Of his two Daughters that lived to be Married and had Issue the elder named Constance was Married to Alayn Fergant Duke of Britain who was Son to Hoel Earl of Nants and was made Duke of Britain by William the Conquerors means in manner Following Duke Robert of Normanyd Father to the Conqueror when he went on Pilgrimage unto the Holy Land in which Voyage he dyed left for Governour of Normandy under the protection of King Henry the first of France Duke Alayne the first of Britain which Allayn had Issue Conan the first who being a stirring Prince of about 24. years old when Duke William began to treat of passing over into England he shewed himself not to favour much that enterprise which Duke William fearing caused him to be Poysoned with a pair of perfumed Gloves as the French stories do report and caused to be set up in his place and made Duke one Hoel Earl of Nantes who to gratifie William sent his Son Alaine surnamed Fergaâ—t with 5000. Souldiers to pass over into England with him and so he did and William afterward in recompence thereof gave him his eldest Daughter Constantia in Marriage with the Earldom oâ— Richmond by whom he had Issue Conan the second surnamed le Gross who had Issue a Son and a Daughter The Son was called Hoel as his Grand-Father was and the Daughters name was Bertha Married to Eudo Earl of Porhet in Normandy and for that this Duke Conan liked better his Daughter and his Son in-law her Husband then he did Hoel his own Son he disavowed him on his Death Bead and made his said Daughter his Heir who had by the said Eudo a Son named Conan surnamed the younger which was the third Duke of that name and this man had one only Daughter and Heir named Lady Constance who was Married to the third Son of King Henry the second named Geffrey and elder Brother to King John that after came to Reign and by this Lord Geffrey she had Issue Arthur the second Duke of Britain whom King John his Uncle put back from the Crown of England and caused to be put to death as after shall be shewed and he dying without Issue his Mother Constance Dutchess and Heir of Britain Married again with a Prince of her own House whom after we shall name in the prosecution of this Line and by him she had Issue that hath endured until this day the last whereof hitherto is the Lady Isabella infant of Spain and that other of Savoy her Sister whom by this means we see to have descended from King William the Conqueror by his eldest Daughter Lady
that course was altered again and Henry his Son admitted for King And thus much of the Sons of King Henry II. But of his Daughters by the same Lady Eleanor Heir of Gascony Belforest in his Story of France hath these words following King Henry had four Daughters by Eleanor of Aquitain the eldest whereof was married to Alonso the IX of that name King of Castile of which Marriage issued Queen Blanch Mother to S. Lewis King of France The second of these two Daughters was espoused to Alexis Emperour of Constantinople The third was married to the Duke of Saxony and the fourth was given to the Earl of Tholosa Thus being the French Stories of these Daughters Of the marriage of the eldest Daughter of these four whose name was Eleanor also as her Mothers was with King Alonso the IX of Castile there succeeded many Children but only one son that lived whose name was Henry who was King of Castile after his Father by the name of Henry the I and â—ied quickly without Issue and besides this Henry two Daughters also were born of the same marriage of which the eldest and Heir named Blanch was married by intercession of her Uncle King John of England with the foresaid Prince Lewis of France with this express condition as both Polydor in his English Story and Garibay the Chronicler of Spain do affirm that she should have for her Dowry all the States that King John had lost in France which were almost all that he had there and this to the end he might not seem to have lost them by force but to have given them with the marriage of his Neece and so this marriage was made and her Husband Lewis was afterward chosen also King of England by the Barons and sworn in London as before hath been said And hereby also the Infanta of Spain before mentioned that is descended lineally from both these Princes I mean as well from Queen Blanch as from Lewis is proved to have her pretence fortified to the Interest of England as afterwards shall be declared more at large in due place The second Daughter of King Alonso the IX by Queen Eleanor was named Berenguela and was married to the Prince of Leon in Spain and had by him a Son named Fernando who afterwards when King Henry her Brother was dead was admitted by the Castilians for their King by the name of Fernando the IV. as before the Civilian hath noted and Blanch with her Son S. Lewis though she were the elder was put by the Crown against all right of Succession as Garibay the Spanish Chronicler noteth and confesseth Hereby then some do gather that as the first Interest which the Crown of England had to the States of Gascony Guyenne and Poyters came by a woman so also did it come to France by the right of this foresaid Blanch whereof the favourers of the Infanta of Spain do say that she being now first and next in bloud of that House ought to inherit all these and such like States as are inheritable by women or came by women as the former States of Gascony and Guyenne did to King Henry the II by Queen Eleanor his wife and Normandy by Mathilda his mother and both of them to France by this former interest of Blanch. And more they say that this Lady Blanch mother to King S. Lewis whose Heir at this day the Infanta of Spain is should by right have inherited the Kingdom of England also after the murther of Duke Arthur and his Sister Eleanor for that she was the next of â—in unto them at that time which could be capable to succeed them for that King John himself was uncapable of their succession whom he had murthered and his Son Henry was not then born nor in divers years after and if he had been yet could he receive no Interest thereunto by his Father who had none himself of all which points there will be more particular occasion to speak hereafter Now then I come to speak of King Henry the third who was Son to this King John and from whom all the three Houses before mentioned of Britany Lancaster and York do seem to issue as a triple branch out of one Tree albeit the Royal Line of Britany is more ancient and was divided before even from William the Conquerors time as hath been shewed yet do they knit again in this King Henry for that of King Henry the third his eldest Son named Prince Edward the first descended Edward the second and of him Edward the third from whom properly riseth the House of York And of his second Son Edmond surnamed Crookback County Palatine of Lancaster issued the Dukes of Lancaster until in the third descent when the Lady Blanch Heir of that House matched with John of Gaunt third Son of King Edward the third from which marriage rose afterward the formal division of these two Houses of Lancaster and York and also two distinct branches of Lancaster Besides these two Sons King Henry the third had a Daughter named Lady Beatrix whom he married to John the second of that name Duke of Britany who after was slain at Lions in France by the fall of an old Wall at the Coronation of Pope Clement the 5th of that name in the year of Christ 1298. and for that the Friends of the Infanta of Spain do seek to strengthen her Title by this her descent also of the Royal bloud of England from Henry the third as afterward shall be declared I will briefly in this place continue the Pedegree of the House of Britany from that I left before even to our days I shewed before in this Chapter that Geoffry the third Son to King Henry the second and Duke of Britany by his wife being dead and his two Children Arthur and Eleanor put to death by their Uncle King John in England as before hath been said it fell out that Constance Dutchess and Heir of Britany married again to Guy Viscount of Tours and had by him two Daughters whereof the eldest named Alice was Dutchess of Britany and married to Peter Brien Earl of Drusse and by him had John the first of that name Duke of Britany which John the first had issue John the second who married Lady Beatrix before-mentioned Daughter to King Henry the third and by her had the second Arthur Duke of Britany to whom succeeded his eldest Son by his first Wife named John the third who dying without Issue left the very same trouble and garboil in Britany about the succession between the two noble Houses of Blois and Monford the one maintained by France and the other by England as soon after upon the very like occasion happen'd in England between the Houses of Lancaster and York as after shall be shewed And not long after that again the like affliction also ensued in France though not for succession but upon other occasions between
what Historiographers do say according to their affections or Interests as what reasons and proofs be alledged of every side for that by this we shall more easily come to judge where the right or wrong doth lie First therefore the defenders of the House of York do alledge that their title is plain and evident for that as in the former chapter hath been declared Richard Duke of York first pretender of this House whose Father was Son to Edmond Langley Duke of York fourth Son of King Edward the third and his Mother Anne Mortimer that was Neece once removed and sole Heir to Leonel Duke of Clarence second Son of the said King Edward this Richard I say Duke of York pretended that for so much as he had two titles joyned together in himself and was lawful Heir as well to Duke Leonel the second Brother as to Duke Edmond the fourth that he was to be preferred in Succession of the Crown after the death of King Richard the second Heir of the first Son of King Edward before the Issue of John of Gaunt that was but third Son to the said King Edward and consequently that Henry Bolenbrok John of Gaunts Son Duke of Lancaster called afterwards King Henry the fourth entred the Crown by tyranny and violonce first for deposing the true and Lawful King Richard and secondly for taking the Kingdom upon himself which Kingdom after the death of the foresaid King Richard which happened in the year 1399. belonging to Edmond Mortimer Earl of March then living and after his death to Anne Mortimer his Sister married to Richard Earl of Cambridge Father to this Richard pretendent Duke of York as hath been said for that this Edmond and Anne Mortimer were Children to Roger Mortimer Son of Philip that was daughter to Duke Leonel which Leonel was elder Uncle to King Richard and before John of Gaunt the younger Brother whose Son took the Crown upon him For the better understanding of which pretence and allegation of the House of York against Lancaster we must note the story following to wit That King Edward the III. seeing in his old age that Prince Edward his eldest Son whom of all his Children he loved most dearly was dead though there wanted not much doubt in some mens heads as after shall be shewed who ought to succeed yet the old man for the exceeding great affection he bare to the dead Prince would hear nothing in that behalf but appointed Richard the said Prince Edwards only Son and Heir to succeed him in the Kingdom and made the same to be confirmed by Act of Parliament and inforced all his Children then alive to swear to the same which were John of Gaunt Duke of Lancaster his third and eldest Son that then lived for Leonel his second Son Duke of Clarence was dead before and Edmond Langley and Thomas Woodstock Earls at that time but after Dukes of York and Glocester and so King Richard Reigned with good obedience of his Uncles and their Children for 20 years together but in the end when he grew insolent and had put to death his Uncle the Duke of Glocester together with the Earl of Arundel and banished many others of the Nobility and among them the Archbishop of Canterbury as also his own Cousin-German Henry Duke of Hertford and after of Lancaster Son and Heir of John of Gaunt and had made many wickedd Statutes as well against the Church and State Ecclesiastical as also to intangle the Realm and Nobility with fained crimes of Treason against his Regality as then he termed them the principal men of the Realm seeing a sit occasion offered by the Kings absence in Ireland called home out of France the foresaid Henry Duke of Lancaster with the Archbishop of Canterbury Earls of Arundel and Warwick and others which were in banishment and by common consent gathered upon the suddain such an Army to assist them in England as they took the King brought him to London and there in a Parliament laying together the intolerable faults of his Government they deprived him of all Regal Dignity as before they had done to his great Grandfather K. Edward the second and then by universal consent of the Parliament and people there present they chose and admitted the said Henry Duke of Lancaster to be their King who continued so all the days of his life and left the Crown unto his Son and Sons Son after him by the space of threescore years until this Richard before named Duke of York made challenge of the same in manner and form as before hath been shewed Now then the story being thus the question is first whether Richard the second were justly deposed or no and secondly whether after his deposition the House of York or House of Lancaster should have entred and thirdly if the House of Lancaster did commit any wrong or injustice at their first entrance to the Crown yet whether the continuance of so many years in possession with so many approbations and confirmations thereof by the Commonwealth were not sufficient to legitimate their right Concerning which points many things are alledged by the favourers of both Families and in the first point touching the lawfulness or unlawfulness of King Richards deposition three Articles especially do seem most considerable to wit about the thing in it self whether a lawful King may be deposed upon just causes and secondly about these causes in King Richards deposition to wit whether they were just or sufficient for deposition of the said King and lastly about the manner of doing iâ— whether the same were good and orderly or not And touching the first of these three points which is that a King upon just causes may be deposed I think both parties though never so contrary between themselves will easily agree and the Civil Lawyer seems to me to have proved it so evidently before throughout his whole dicourse as I think very little may be said against the same For he hath declared if you remember both by reason authority and examples of all Nations Christian that this may and hath and ought to be done when urgent occasions are offered And first by reason he sheweth it for that all Kingly authority is given them only by the Commonwealth and that with this express condition that they shall Govern according to Law and equity that this is the cause of their exaltation above other men that this is the end of their Government the butt of their authority the star and pole by which they ought to direct their stern to wit the good of the people by the weal of their Subjects by the benefit of the Realm which end being taken away or perverted the King becometh a Tyrant a Tyger a fierce Lion a ravening Wolf a publick enemy and a bloudy murtherer which were against all reason both natural and moral that a Common-wealth could not deliver it self from so eminent a destruction By authority also
daughter and Heir of Leonel Duke of Clarence and was Grandfather to the last Edmond by me named should be Heir apparent to the Crown if the King should chance to die without Issue To which objection those of Lancaster do answer first that Polydor doth erre in the person when he saith that Edmond Husband of Lady Philippa was declared for Heir apparent for that this Edmond Mortimer that married Lady Philippa died peaceably in Ireland three years before this Parliament was holden to wit in the year of Christ 1382. as both Hollingshed Stow and other Chroniclers do testifie and therefore Polydor doth erre not only in this place about this man but also in that in another place he saith that this Edmond so declared Heir apparent by King Richard was slain by the Irish in Ireland 12 years after this declaration made of the succession to wit in the year 1394. which was indeed not this man but his Son Roger Mortimer Heir to him and to the Lady Philippa his Wife who was declared Heir apparent in the Parliament aforesaid at the instance of King Richard and that for especial hatred and malice as these men say which he did bear against his said Uncle the Duke of Lancaster and his Son Henry whom he desired to exclude from the succession The cause of this hatred is said to be for that presently upon the death of Prince Edward Father to this Richard which Prince died in the year of Christ 1376. and but 10. months before his Father King Edward the third there wanted not divers learned and wise men in England that were of opinion that John of Gaunt Duke of Lancaster eldest Son then living of the said King Edward should have succeeded his Father jure propinquitatis before Richard that was but Nephew and one degree further off then he but the old King was so extremely affectionate unto his eldest Son the black Prince Edward newly dead that he would not hear of any to succeed him as Frosard saith but only Richard the said Prince's Son Wherefore he called presently a Parliament which was the last that ever he held and therein caused his said Nephew Richard to be declared Heir apparent and made his three Sons then living that were Uncles to the Youth to wit John of Gaunt Duke of Lancaster Edmond Langley Duke afterwards of York and Thomas Woodstock Duke of Gloucester to swear Fealty unto Richard as they did And albeit John of Gaunt all his life after for keeping of his Oath that he had made unto his Father never pretended any Right to the Crown yet King Richard knowing well the pretence that he and his might have was still afraid of him and sought infinite means to be rid of him first by perswading him to go and make War in Spain where he thought he might miscarry in so dangerous an attempt and then offering to give him all Aquitain if he would leave England to go and live there as he did for three years with extreme peril for that the people of Aquitain would not receive him but rose against him and refused his Government and would not admit him for their Lord but appealed to the King who also allowed thereof and so when John of Gaunt came home into England again King Richard thought no better way to weaken him then to banish his Son Henry Duke of Hertford and so he did And besides this the said King Richard practised also by divers secret drifts the death of his said Uncle the Duke of Lancaster as Walsingham witnesseth and when the said Duke came at length to die which was in the 22. year of King Richard's reign he wrote such joyous Letters thereof as Frosard saith to his Father-in-law Charles the sixth King of France as though he had been delivered of his chiefest Enemy not imagining that his own destruction was so near at hand and much accelerated by the death of the said Duke as it was And these were the causes say the favourers of the House of Lancaster why King Richard caused this Act of Parliament to pass in favour of Roger Mortimer and in prejudice of the House of Lancaster and not for that the right of Earl Mortimer was better then that of the Duke of Lancaster And this they say is no new thing for Princes oftentimes to procure partial Laws to pass in Parliament for matter of Succession according to their own affections for the like say they did Edward the third procure in the favour of this Richard as before I have shewed in the last Parliament before his death and afterward again King Richard the third with much more open Injustice caused an Act of Parliament to pass in his days whereby his Nephew John de la Pole Earl of Lincoln Son to his Sister Elizabeth Dutchess of Suffolk was declared Heir apparent to the Crown excluding thereby the Children of his two elder Brothers to wit the daughters of King Edward the fourth and the Son and daughter of George Duke of Clarenoe which yet by all order should have gone before their Sisters Children And like facility found King Henry the 8th to get the consent of two Parliaments to give him Authority to appoint what Successor he would of his own Kindred by which Authority afterward he appointed by his Testament as in another place shall be shewed that the Issue of his younger Sister Mary should be preferred before the Issue of his eldest Sister Margaret of Scotland A like declaration was that also of King Edward the sixth of late memory who appointed the Lady Jane Gray his Cousen-german removed to be his Heir and Successor in the Crown of England and excluded his own two Sisters the Lady Mary and the Lady Elizabeth from the same but these declarations make little to the purpose when right and equity do repugn as these men say that it did in the foresaid declaration of Roger Mortimer to be Heir apparent for that they hold and avouch the House of Lancaster to have had the true right to enter not only after the death of King Richard the second as it did but also before him that is to say immediately upon the death of King Edward the third for that John of Gaunt was then the eldest Son which King Edward had living and nearer to his Father by a degree then was Richard the Nephew About which point to wit whether the Uncle or Nephew should be preferred in Succession of Kingdoms it seemeth that in this age of King Edward the third there was great trouble and controversie in the World abroad for so testifieth Girard du Haillan Councellor and Secretary of France in his History of the year of Christ 1346. which was about the midst of King Edwards Reign and therefore no marvel though King Edward took such care of the sure establishing of his Nephew Richard in Succession as is before related And much less marvel is it if K.
married to the King of Norway all which Issue and Line ended about the year 1290. David younger Brother to King William had Issue two daughters Margaret and Isabel Margaret was married to Alain Earl of Galloway and had Issue by him a daughter that married John Balliol Lord of Harcourt in Normandy who had Issue by her this John Balliol Founder of Balliol Colledge in Oxford that now pretended to the Crown as descended from the eldest daughter of David in the third descent Isabel the second daughter of David was married to Robert Bruse Earl of Cleveland in England who had Issue by her this Robert Bruse Earl of Carick the other competitor Now then the question between these two competitors was which of them should Succeed either John Balliol that was Nephew to the elder daughter or Robert Bruse that was Son to the younger daughter and so one degree more near to the Stock or Stem then the other And albeit King Edward the first of England whose power was dreadful at that day in Scotland having the matter referred to his arbitrement gave sentence for John Balliol and Robert Bruse obeyed for the time in respect partly of fear and partly of his Oath that he had made to stand to that Judgment yet was that sentence held to be unjust in Scotland and so was the Crown restor'd afterward to Robert Bruse his Son and his posterity doth hold it unto this day In England also it self they alledge the examples of K. Henry the first preferred before his Nephew William Son and Heir to his elder Brother Robert as also the example of K. John preferred before his Nephew Arthur Duke of Britany for that King Henry the second had four Sons Henry Richard Geffery and John Henry died before his Father without Issue Richard Reigned after him and died also without Issue Geffery also died before his Father but left a Son named Arthur Duke of Britany by right of his Mother But after the death of King Richard the question was who should Succeed to wit either Arthur the Nephew or John the Uncle but the matter in England was soon desided for that John the Uncle was preferred before the Nephew Arthur by reason he was more near to his Brother dead by a degree then was Arthur And albeit the King of France and some other Princes abroad opposed themselves for stomack against this Succession of King John yet say these favourers of the House of Lancaster that the English inclined still to acknowledge and admit his right before his Nephew and so they proclaimed this King John for King of England while he was yet in Normandy I mean Hubert Archbishop of Canterbury Eleanor the Queen this Mother Geffery Fitz-peter chief Judge of England who knew also what law meant therein and others the Nobles and Barons of the Realm without making any doubt or scruple of his title to the Succession And whereas those of the House of York do alledge that King Richard in his life time when he was to go to the holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown and thereby did shew that his title was the better they of Lancaster do answer first that this declaration of King Richard was not made by act of Parliament of England for that King Richard was in Normandy when he made this declaration as plainly appeareth both by Polidor and Hollingshed Secondly that this declaration was made the sooner by King Richard at that time thereby to repress and keep down the ambitious humor of his Brother John whom he feared least in his absence if he had been declared for Heir apparent might invade the Crown as indeed without that he was like to have done as may appear by that which happened in his said Brothers absence Thirdly they shew that this declaration of King Richard was never admitted in England neither would Duke John suffer it to be admitted but rather caused the Bishop of Ely that was left Governour by King Richard with consent of the Nobility to renounce the said declaration of King Richard in favour of Arthur and to take a contrary Oath to admit the said John if King Richard his Brother should die without Issue and the like Oath did the said Bishop of Ely together with the Archbishop of Roan that was left in equal Authority with him exact and take of the Citizens of London when they gave them their Priviledges and Liberties of Commonalty as Hollingshed recordeth And lastly the said Hollinshed writeth how that King Richard being now come home again from the War of Jerusalem and void of that jealousie of his Brother which before I have mentioned he made his last Will and Testament and ordained in the same that his Brother John should be his successor and caused all the Nobles there present to swear Fealty unto him as to his next in bloud for which cause Thomas Walsingham in his story writeth these words Johannis filius junior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo jure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius which is John younger Son of Henry the second King of England and of Eleanor Dutchess of Aquitain was declared successor of the Crown not only by Law and right of nearness of bloud but also by the Will and Testament of Richard his Brother Thus much this ancient Chronicler speaketh in the testifying of King John's Title By all which examples that fell out almost within one age in divers Nations over the World letting pass many others which the Civilian touched in his discourse before for that they are of more ancient times these favourers of the House of Lancaster do infer that the right of the Uncle before the Nephew was no new or strange matter in those days of King Edward the third and that if we will deny the same now we must call in question the succession and right of all the Kingdoms and States before-mentioned of Naples Sicily Spain Britany Flanders Scotland and England whose Kings and Princes do evidently hold their Crowns at this day by that very Title as hath been shewed Moreover they say that touching Law in this point albeit the most famous Civil Lawyers of the World be somewhat divided in the same matter some of them favouring the Uncle and some other the Nephew and that for different reasons as Baldus Oldratus Panormitanus and divers others alledged by Gulielmâ—â— Benedictus in his Repetitions in favour of the Nephew against the Uncle And on the other side for the Uncle before the Nephew Bartolus Alexander Decius Altiatus Cujatius and many other their followers are recounted in the same place by the same man yet in the end Baldus that is held for head of the contrary side for the Nephew after all reasons weighed to and fro he cometh to conclude
crime Secondly they say that the House of York did enter only by violence and by infinite bloudshed and by wilful murthering not only of divers of the Nobility both Spiritual and Temporal but also of both King Henry the sixth himself and of Prince Edward his Son and by a certain popular and mutinous election of a certain few Souldiers in Smithfield at London and this was the entrance of the House of York to the Crown whereas King Henry the fourth first King of the House of Lancaster entred without bloudshed as hath been shewed being called home by the requests and letters of the people and Noblity and his election and admission to the Crown was orderly and authorized by general consent of Parliament in the doing thereof Thirdly they alledge that King Henry the sixth put down by the House of York was a good and holy King and had Reigned peaceably 40. years and never committed any act worthy deposition whereas King Richard the second had many ways deserved the same as himself came to acknowledge and thereupon made a personal solemn and publick resignation of the said Crown unto his Cousen Henry of Lancaster the which justified much the said Henry's entrance Fourthly they alledge that the House of Lancaster had been in possession of the Crown upon the point of 60â— years before the House of York did raise trouble unto them for the same in which time their Title was confirmed by many Parliaments Oaths approbations and publick Acts of the Commonwealth and by the Nobles Peers and people thereof and by the States both Spiritual and Temporal and with the consent of all foreign Nations so that if there had been any fault in their first entrance yet was this sufficient to authorize the same as we see it was in the title of King William the Conqueror and of his two Sons King William Rufus and King Henry the first that entred before their elder Brether and of King John that entred before his Nephew and of his Son King Henry the third that entred after his Fathers deprivation and after the election of Prince Lewis of France as also of Edward the third that entred by deposition of his own Father of all which Titles yet might there have been doubt made at the beginning but by time and durance of possession and by confirmation of the Commonwealth they were made lawful and without controversie Fifthly they say that if we consider the four King Henrys that have been of the House of Lancaster to wit the 4 5 6 and 7 and do compare them with the other four that have been of the House of York to wit Edward the fourth Richard the third Henry the eighth and Edward the sixth and all their acts both at home and abroad what quietness or troubles have passed and what the Commonwealth of England hath gotten or lost under each of them we shall find that God hath seemed to prosper and allow much more of those of Lancaster then of those of York for that under those of Lancaster the Realm hath enjoyed much more peace and gaining far greater honour and enlarged more the dominions of the Crown then under those of York and that it had done also much more if the seditions rebellions and troubles raised and brought in by the Princes of the House of York had not hindered the same as say these men it was evidently seen in the time of King Henry the sixth when their contention against the Princes of the House of Lancaster was the principal cause why all the English States in France were lost and what garboils and troubles at home have ensued afterwards and how infinite murthers and men slaughters with change of Nobility have been caused hereby and increased afterward under the Government and rule of the Princes of York needeth not say these men to be declared One thing only they note in particular which I will not omit and let it be the sixth note and that is that the Princes of York have not only been rigorous and very bloudy unto their adversaires but also among themselves and to their kindred which these men take to be a just punishment of God upon them And for proof hereof they alledge first the Testimony of Polydor who albeit he were a great advocate of the House of York as before hath been noted for that he lived and wrote his story under King Henry the eighth yet in one place he breaketh forth into these words of the Princes of this House Cum non haberent jam inimicos in quos saevitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine sâ—as pollure manus When these Princes now had brought to destruction all those of the House of Lancaster so as they had no more enemies upon whom to fill and satiate their cruelty then began they to exercise their fierceness upon themselves and to imbrew their hands with their own bloud Thus far Polydor. Secondly they do shew the same by the deeds of both sides for that the love union trust confidence faithfulness kindness and Loyalty of the Princes of Lancaster the one towards the other is singular and notorious as may appear by the acts and studious endeavours of the Lord Henry Bishop of Winchester and Cardinal and of the Lord Thomas Duke of Exceter and Marquis of Dorset Brothers of King Henry the fourth to whom and to his Children they were most faithful friendly and loyal as also by the noble proceedings of the Lords Thomas Duke of Clarence John Duke of Bedford and Humphry Duke of Glocester Sons of the forâ—said Henry the fourth and brothers of King Henry the fifth the first of which three gave his bloud in his service and the other two spent their whole lives in defence of the dignity of the English Crown the one as Regent of France the other as Protector of England by the worthy acts also and renowned faithfulness of the Dukes of Somerset Cousen-jeâ—â—ans to the said King Henry the fourth and to his Children and the proper Ancestors of King Henry the VII all which Dukes of Somerset of the House of Lancaster being five or six in number did not only as Polydor saith assist and help their Soveraign and the whole Realm Vigiliis curis periculis that is to say with watchfulness carâ—s and offering themselves to dangers but also four of them one after another to wit Edmond with his three Sons Henry Edmond and John whereof two successively after him were Dukes of Somerset and the Marquess of Dorset were all four I say as so many Maccabees slain in the defence of their Country and Family by the other faction of the House of York which thing say these men shewed evidently both a marvelous confidence that these men had in their quarrel as also a great blessing of God towards that Family that they had such love and union among themselves But now
Succession or Right of Women which the Kingdom of France in it self doth not as is known and consequently a Woman may be Heir to the one without the other that is to say she may be Heir to some particular states of France inheritable by Women though not to the Crown it self and so do pretend to be the two Daughters of France that were Sisters to the late King Henry III. which Daughters were married the one to the King of Spain that now is who had Issue by her the Infanta of Spain yet unmarried and her younger Sister married to the Duke of Savoy and the other to wit the younger Daughter of the King of France was married to the Duke of Lorrain yet living by whom she had the Prince of Lorrain and other Children that live at this day This then being so clear as it is first that according to the common course of Succession in England and other Countries and according to the course of all Common Law the Infanâ—a of Spain should inherit the whole Kingdom of France and all other States thereunto belonging she being the Daughter and Heir of King Henry II. of France whose Issue-male of the direct line is wholly extinct but yet for that the French do pretend their Law Salique to exclude Women which we English have ever denied to be good until now hereby cometh it to pass that the King of Navarr pretendeth to enter and to be preferred before the said Infanta or her Sisters Children though Male by a Collateral Line But yet her favourers say I mean those of the Infanta that from the Dukedoms of Britany Aquitain and the like that came to the Crown of France by Women and are Inheritable by Women she cannot be in right debarred as neither from any Succession or Pretence to England if either by the Bloud-Royal of France Britany Aquitain or of England it self it may be proved that she hath any Interest thereunto as her favourers do affirm that she hath by these reasons following First for that she is of the ancient Bloud-Royal of England even from the Conquest by the elder Daughter of William the Conquerour married to Allain Fergant Duke of Britany as hath been shewed before in the second Chapter and other places of this Conference And of this they infer three Consequences First when the Sons of the Conquerour died without Issue or were made uncapable of the Crown as it was presumed at least-wise of King Henry I. last Son of the Conquerour that he lost his Right for the violence used to his elder Brother Robert and unto William the said Robert's Son and Heir they say these men ought the said Dutchess of Britany to have entred as eldest Sister Secondly they say That when Duke Robert that both by right of Birth and by express Agreement with William Rufus and with the Realm of England should have succeeded next after the said Rufus came to die in Prison the said Lady Constance should have succeeded him for that his Brother Henry being culpable of his Death could not in right be his Heir And thirdly they say That at least wise after the death of the said King Henry I. she and her Son I mean Lady Constance and Conan Duke of Britany should have entred before King Stephen who was born of Adela the younger Daughter of William the Conquerour Secondly they do alledge That the Infanta of Spain descendeth also lineally from Lady Eleanor eldest Daughter of King Henry II. married to King Alonso the ninth of that name King of Castile whose eldest Daughter and Heir named Blanch for that their only Son Henry died without Issue married with the Prince Lewis VIII of France who was Father by her to King St. Lewis of France and so hath continued the Line of France unto this day and joyned the same afterwards to the House of Britany as hath been declared So as the Infanta cometh to be Heir general of both those Houses that is as well of Britany as France as hath been shewed And now by this her descent from Queen Eleanor Daughter of King Henry II. her favourers do found divers Pretences and Titles not only to the States of Aquitain that came to her Father by a Woman but also to England in manner following First for Aquitain they say it came to King Henry II. by his Wife Eleanor Daughter of William Duke of Aquitain as before in the second Chapter at large hath been declared and for that the most part thereof was lost afterwards to the French in King John's time that was fourth Son to the aforesaid King Henry it was agreed between the said King John and the french-French-King Philip that all the States of Aquitain already lost to the French should be given in Dowry with the said Blanch to be married to Lewis VIII then Prince of France and so they were And moreover they do alledge That not long after this the same States with the residue that remained in King John's hands were all adjudged to be forfeited by the Parliament of Paris for the Death of Duke Arthur and consequently did fall also upon this Lady Blanch as next Heir capable of such Succession unto King John for that yet the said King John had no Son at all and for this cause and for that the said States are Inheritable by Women and came by Women as hath been often said these men affirm That at this day they do by Succession appertain unto the said Lady Infanta of Spain and not unto the Crown of France To the Succession of England also they make pretence by way of the said Lady Blanch married into France and that in divers manners First for that King John of England by the Murther of Duke Arthur of Britany his Nephew which divers Authors do affirm as Stow also witnesseth was done by King John's own hands he forfeited all his States though his right to them had been never so good and for that this Murther happened in the fifth year of his Reign and four years before his Son Henry was born none was so near to succeed at that time as was this Lady Blanch married into France for that she was Daughter and Heir unto King John's elder Sister Eleanor or the said Lady Eleanor her self Queen of Spain should have succeeded for that she yet lived and died not as appeareth by Stephen Garribay Chronicler of Spain until the year of Christ 1214. which was not until the fifteenth year of the Reign of King John and one year only before he died so as he having yet no Issue when this Murther was committed and losing by this forfeit all the right he had in the Kingdom of England it followeth that the same should have gone then to his said Sister and by her to this Lady Blanch her Heir and eldest Daughter married into France as hath been said which forfeit also of King John these men do confirm by his
Deprivation by the Pope that soon after ensued as also by another Deprivation made by the Barons of his Realm as after shall be touched Furthermore they say That when Arthur Duke of Britain whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England was in Prison in the Castle of Roan suspecting that he should be murthered by his said Unkle King John he nominated this Lady Blanch his Cousin-jerman to be his Heir perswading himself that he by the help of her Husband Prince Lewis of France and her Father the King of Spain should be better able to defend and recover his or her right to the Crown of England than Eleanor his own Sister should be who was also in the hands of his said Unkle for that he supposed that she should be made away by himself shortly after as indeed the French Chronicler affirmeth that she was And howsoever this matter of Duke Arthur's Testament was yet certain it is that when he and his Sister were put to death the next in Kin that could succeed them in their right to England was this Lady Blanch and her Mother Queen Eleanor that was Sister to Arthur's Father Geffrey Duke of Britany for that King John their Unkle was presumed by all men to be uncapable of their Inheritance by his putting of them to death and Child he had yet none And this is the second point that these men do deduce for the Lady Infanta of Spain by the title of Queen Eleanor and her Daughter Blanch to whom the Infanta is next Heir A third Interest also the same men do derive to the Infanta by the actual Deposition of King John by the Barons and States of this Realm in the 16 th year of his Reign and by the Election and actual Admission of Lewis Prince of France Husband of Lady Blanch whom they chose with one consent and admitted and swore him Fealty and Obedience in London for him and for his Heirs and Posterity in the year 1217. and gave him Possession of the said City and Tower of London and of many other chief places of the Realm and albeit afterwards the most part of the Realm changed their minds upon the sudden death of the said King John and chose and admitted his young Son Henry III. a Child of 9 years old yet do the favourers of the Infanta say That there remaineth to her as Heir unto the said Lewis until this day that Interest which by this Election Oath and Admission of the Realm remained unto this Prince Lewis which these men affirm to be the very like case as was that of Hugo Capetus in France who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had by being once elected King of France and admitted and sworn though afterwards he was deposed again and young Charles surnamed the Simple was admitted in his place as Henry III. was in England after the Election of Lewis But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race so say these men may this Infanta continue and renew now the Demand of King Lewis her Ancestor for that Titles and Interests to Kingdoms once rightly gotten do never die but remain ever for the Posterity to effectuate when they can And thus much of this matter But after this again these men do shew how that the said Infanta of Spain doth descend also from Henry III. son of King John by the Dukes of Britany as before in the second Chapter hath been declared and in the Arbor and Genealogy following in the end of this Conference shall be seen for that King Henry besides his two Sons Edward and Edmond which were the beginners of the two Houses of York and Lancaster had also a Daughter named Beatrix married to John the second of that Name Duke of Britany and by him she had Arthur II. and so lineally from him have descended the Princes of that House until their Union with the Crown of France and from thence unto this Lady Infanta of Spain that now is who taketh her self for proper Heir of the said House of Britany and Heir general of France as hath been said By this Conjunction then of the House of Britany with the Bloud-Royal of England the Friends of the Infanta do argue in this manner That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York and considering that each of these Houses hath often-times been Attainted and Excluded from the Succession by sundry Acts of Parliament and at this present are opposite and at contention among themselves why may not this right of both Houses say these men by way of Composition Peace and Comprize at least be passed over to the Issue of their Sister which resteth in the Infanta Again they say That all these three Branches of the Lines to wit by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England and that divers ways she may have Claim to the same which being granted they infer That seeing matters are so doubtful at this day about the next lawful Succession and that divers of the Pretenders are excluded some for Bastardy some other for Religion some for unaptness to Govern and some for other Causes and seeing the Commonwealth hath such Authority to dispose in this Affair as before the Civil-Lawyer hath declared why may there not Consideration be had among other Pretenders of this noble Princess also say these men especially seeing she is unmarried and may thereby commodate many matters and salve many breaches and satisfie many hopes and give contentment to many desires as the world knoweth And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain but against this Pretence others do produce divers Arguments and Objections As first of all That these her Claims be very old and worn out and are but Collateral by Sisters Secondly That she is a Stranger and Alien born Thirdly That her Religion is contrary to the State Unto all which Objections the favourers aforesaid do make their Answers And to the first they say That Antiquity hurteth not the goodness of a Title when occasion is offered to advance the same especially â—n Titles belonging to Kingdoms which commonly are never presumed to die as hath been said and nullum tempus occurrit Regi saith our Law And as for Collateral Lines they say That they may lawfully be admitted to enter when the direct Lines do either fail or are excluded for other just respects as in our Case they hold that
this of Portugal or by both though to determine this first and chief point who is the next and true Heir unto these foresaid King and Queen of Portugal the Laws of Portugal must needs be Judge and not those of England and so seeing that by these Lawâ— of Portugal the King of Spain is now adjudged for next Heir to the said Prince and is in possession of their Inheritance at this day I mean of the Crown of Portugal these men say that he must consequently Inherit also all other Rights Dignities and Prerogatives belonging to the foresaid Princes or to their Posterity And thus you see now how great diversity of Arguments and Objections is and may be alledged on different sides about this Affair whereby also is made manifest how doubtful and ambiguous a matter this point of English Succession is seeing that in one onely branch of the Pretenders which is in the House of Portugal alone there are so many difficulties as here hath been touched But now the common Objection against all these Titles and Titlers is that they are old and out of use and not to be brought in question again now especially seeing that both King Henry the VII and his Issue have enjoyed so long the Title of the House of Lancaster as it hath and secondly that these Titles do appertain unto Strangers whose Government may be dangerous many ways unto England and especially in that which toucheth the King of Spain who being so Great and Mighty a Monarch as he is may prejudice greatly the English Liberty and easily bring them into servitude if his pretence should be Favoured as by some it seemeth to be This is the Speech of many men in England and abroad at this day whereunto yet some others do answer that as concerning the first Objection of the oldness of the Pretence and Title it hath shewed before that by Law no Title to a Kingdom dyeth ever but may take place whensoever the Party to whom it belongeth is able to avouch it and get possession and as for this pretence of the Line of Portugal they say that it hath not such great age but that very well it may shew it self and be had in consideration especially at this Time wâ—â—n now the Issue Male of King Henry the VII is ended and that of Necessity we must return to have consideration of the Issue of his Daughters before which Daughters good Reason say these men is it that the Issue of Lady Philippa Queen of Portugal should be admitted for that albeit we would have that respect to the Issues Male of John Earl of Somerset as to prefer it or suffer it to enjoy the Crown before the Issue of Queen Philippa and so they say it seemeth that it was for that King Henry the VII was Crowned King his Mother being alive which yet by ordinary course of Succession should have gone before him yet say they it is no reason that the Issue-Female of John of Somerset or of King Henry the VII should be preferred before the Issue-Male of the said Queen Philippa Moreover they say that the House of Clarence and Hutnington do pretend a Title more old and stale at this day than this of Portugal for that they pretend from George Duke of Clarence that never had the Crown and these of Portugal pretend to be next Heir to King Henry the VI. that did wear the Crown of England for 40. Years together after whose death if King Alfonsus of Portugal who was then old and wearied with evil success of Wars had been so able to prefer and follow his Title as some of that House be at this day he would never have suffered the House of York to have entred nor King Henry the VII to have enjoyed it after them by the Title of Lancaster which Title yet of Lancaster say these men King Henry the VII could not have in himself any way whether we respect Queen Philippa or John of Somerset for by Queen Philippa they of Portugal were evidently before him and by way of John of Somerset the Countess his Mother was as clearly before him neither could he have any Title as yet by the House of Yâ—rk for that he was not yet married to the Daughter of King Edward so as his Crowning in the Field and whole entrance to the Kingdom was without any actual Title at all but only the good will of the People as these men do hold To the other Objection of 14. Princes and strange Government that may come to England by these pretences of the Princes of Portugal divers men do answer diversly for some do grant that it may be so that by this means England may come to be under Foreign Kings and that no hurt or inconvenience at all would ensue thereof to England but rather much Good and Commodity but other that like not well of this assertion do say further that if these Foreign pretences should take place yet that all matters might be so compounded that albeit the Prince himself which is to Rule should be Foreign born which they take to be no Inconvenience yet that his Forces and Dependance should be only of the English for that he should not bring in any strange Powers into the Land no more than did King Stephen or King Henry the II. that were born in France or than did King Philip of Spain in Queen Marys days or as it is thought Monsiâ—ur of France should have done if he had married her Majesty that now is as once it was supposed he should To this said one of the Company and is it possible that any man should be of opinion that Foreign Government in what manner or kind soever it be should not be inconvenient and hurtfull to England where the People are wholly bent against it you remember quoth he as concerning the last two Examples that you have alledged what Tumult and stir there was raised by some kind of Men about the coming in of King Philip and what there was like to have been about the entrance of Monsieur if that purpose had gone forward I remember well said the Lawyer and these men that are of this opinion will say to this that it was but a Popular Mutiny without Reason or any good Ground at all and only raised by some crafty Heads that misliked the Religion of the Princes that were to enter and for some other drifts of their own but not of any sound Reason or Argument of State which these men think rather to be of their side and in good sooth they alledge so many Arguments for their Opinion that if you should hear them you would say it were hard to judge which Opinion had most Truth but they are too long for this place and so said he I shall make an end of the matter that I have in hand and leave this point for others to discuss With this the whole Company shewed marvellous great desire to know
power of the Party Puritan and much of the Protestant this Earl was thought to be in very great forwardness But now these great Pillers being failed and no Issue yet remaining by the said Countess his Wife no man can assure himself what the success will be especially seeing that of the three Bodies of different Religions before described it is thought that this Earl hath incurred deeply the hatred of the one and perhaps some jealousy and suspicion 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 like to have the whole Power of London for him which City did prevail so much in advancing the Title of York in King Edward the IV. his time as it made him King twice to wit once at the beginning when he first apprehended and put down King Henry the VI. and the second time when he being driven out of the Kingdom by his Brother the Duke of Clarence and Richard Earl of Warwick he returned from Flanders upon hope of the favour of the Londoners and was in deed received favoured and set up again by them especially and by the helps of Kent and other places adjoining and depending of London and so it may be that the Favourers of this Earl do hope the like success to him in time by this potent City For the Houses of Britanny and Portugal I shall joyn them both together for that they are strangers and the Persons thereof so nigh linked in kindred affinity and friendship as both their Titles Forces and Favours may easily be joyned together and imparted the one with the other as to themselves shall best appear convenient The Lady Infanta of Spain pretendent of the House of Britanny is eldest Daughter of King Philip as all the World knoweth and dearly beloved of him and that worthily as all men report that come from thence for that she is a Princess of rare parts both for Beauty Wisdom and Piety The two young Princes of Parma I mean both the Duke and his Brother the Cardinal are Imps in like manner of great expectation and divers ways near of kin to the said King for that by their Fathers side they are his Nephews that is the Children of his Sister and by their Mothers side almost as near for that they are Nephews of his Uncle Prince Edward Infant of Portugal In like nearness of Blood are the Dutchess of Bragansa and her Children unto the said King which Children are many as hath been shewed and all of that rare vertue and valour and of that singular affection unto the English Nation as it is wonderfull to hear what men write from those Parts and what others do report that have travelled Portugal and seen those Princes and tasted of their magnificent liberality so as I have heard divers rejoyce that are affected that way to understand that there do remain such Noble Off-spring yet in Foreign Countries of the true and ancient Blood Royal of England What the Powers and Possibilities of all these Princes of the House of Portugal be or may be hereafter for pursuing their Right shall not need to be declared in this place for that all the World doth know and see the same yet all seemeth to depend of the Head and Root which is the King of Spain himself and the young Prince his Son whose States and Forces how and where they lie what alliance friends subjects or followers they have or may have it is easy to consider but what part or affection of men they have or may have hereafter in England it self when time shall come for the determining of this matter no man can tell at this present and what Plots agreements compartitions or other conclusions may be made at that day time only must teach us so as now I know not well what to say further in this Affair but only commend it to God's High Providence and therefore I pray you quoth the Lawyer let me end with this only that already I have said and pardon me of my former promise to put my opinion or guess about future matters and what may be the success of these Affairs for besides that I am no Prophet or son of Prophet to know things to come I do see that the very circumstances of Conjecture which are the only Foundation of all Prophecy which in this case can be made are so many and variable as it is hard to take hold of any of them Thus he said and fain would have left off here but that the whole Company opposed themselves with great vehemency against it and said that he must needs perform his promise made at the beginning of this Speech to give his censure and verdict in the end what he thought would be the Success of all these Matters whereunto he answered that seeing no nay would serve he briefly quit himself by these few words following First of all said he my opinion is that this Affair cannot possibly be ended by any possibility moral without some War at least wise for some time at the beginning whereof my Reasons be these that do ensue This matter cannot be disputed and determined during the life of the Queen that now is without evident danger of her Person for the reasons that all men do know importing such perils as are wont to follow like cases of declaring Heirs apparent especially her Majesty the present possessor growing now to be old and without hope of Issue This declaration and determination of the Heir apparent to the Crown if it should be made now would move infinite humours and affections within the Realm and it were to stirr coals and to cast firebrands over all the Kingdom and further perhaps also which now lie raked up and hidden in the Embers This dâ—â—â—rmination though it should be made now by Parliament or Authority of the present Prince would not end or take away the root of the controversy for albeit some that should be passed over or put back in their pretences would hold their peace perhaps for the time present yet afterward would they both speak and spurn when occasion is offered This declaration now if it were made would be hurtful and dangerous for him that should be declared for on the one side it would put the Prince regnant in great jealousy and suspicion of him and on the other side would joyn and arm all the other pretenders and their favourers against him and so we read that of two or three only that in all our Histories are recounted to have been declared Heirs apparent to the Crown they being no Kings Children none of them ever came to reign as namely Duke Arthur of Britanny Roger Mortimer Earl of March and John de la Poole Earl of Lincoln and Henry Marquess of Exeter as before hath been declared Again the multitude of Pretenders being such as it is and their pretentions so
ambiguous as hath been declared it is to be presupposed that none or few of them will presently at the beginning cast away their hope and forego their Titles but will prove at least wise what friends shall stand unto them and how matters are like to go for or against them especially seeing they may do it without danger no Law being against them and their Rights and Pretences so manifest that no man can say they do it of ambition only or malice treason or conspiration against others and for this essay or first attempt Arms are necessary Moreover if any man in process of time would forego or give over his Title as it is to be imagined that divers will at length and many must for that one only can speed yet to the end he be not suddenly oppressed or laid hands on at the beginning by his adversary party or made away as in such cases is wont to succeed it is very likely that each Pretender for his own safety and defence will arm himself and his Friends at the beginning for that better conditions will be made with armour in hands than when a man is naked or in the power of his adversary and no doubt but the more Pretenders shall stand together armed at the beginning the easier and the surer peace will be made with him that shall prevail for that they being many with whom he hath to compound he will respect them the more and yield to more reasonable and honourable conditions than if there were but one and he weak that should resist for that a fault or displeasure is more easily pardoned to a multitude and to a potent adversary then to one or two alone that are of less account And on the other side the peril of these other pretenders that should not prevail being common to them all would knit them better together for their own defence in living under the person that should prevail and reign and he would bear more regard unto them as hath been said and this both for that they should be stronger by this union to defend themselves and he that reigneth should have less cause to suspect and fear them to work treason against him for that they are many and consequently not so easy to agree between themselves who should be preferred if the other were pulled down which to the person regnant would be also a ground of much security These are my Reasons and Conjecturs why it is like that Arms will be taken at the beginning in England before this controversy can be decided My second Position and Conjecture is that this matter is not like to come easily to any great or main Battel but rather to be ended at length by some composition and general agreement and my reasons for this be these First for that the Pretenders be many and their Powers and Friends lying in divers and different parts of the Realm and if there were but two then were it more probable that they would soon come to a Battel but being many each one will fear the other and seek to fortify himself where his own strength lieth and especially towards the Ports and Sea-side for receiving of Succours as easily may be done by reason of the multitude of Competitors as hath been said which will cause that at home the one will not much urge or press the other at the beginning but every part attend rather to strengthen than it self for the time A second Reason of this is for that the foreign Princes and States round about us are like to be much divided in this matter some as Pretendents for Themselves or their Kindred and Friends and others as favourers of this or that Party for Religion so as there will not want presently offers of Helps and Succours from abroad which Succours albeit they should be but mean or small at the beginning yet will they be of much importance when the Forces at home be divided and when there shall be different Ports Harbours and Holds ready within the Land to receive and harbour them so as I take it to be most likely that this Affair will grow somewhat long and so be ended at length by some composition only and that either by Parliament and General Consent of all Parts pretendents and of all three Bodies of Religion meeting together by their Deputies and treat and conclude some form of agreement as we see it practised now in France or else by some other means of Commissaries Commissioners Legatss Deputies or the like to make the conclusion with every Party asunder My third and last conjecture and for a meer conjecture only I would have you to hold it that seeing there be two sorts of pretenders whiâ—h stand for this Preferment the one Strangers the other English my opinion is that of any one Foreign Prince that pretendeth the Infanta of Spain is likest to bear it away or some other by her Title laid upon him by her Father the Kings good will and on the other side of any domestical Competitors the second Son of the Earl of Hartford or of the Issue of Countess of Darby carrieth much shew to be prefeted My Reasons for the former part about the Lady Infanta are that she is a Woman and may easily join if her Father will the Titles of Britany and Portugal together she is also unmarried and by her Marriage may make some other composition either at home or abroad that may facilitate the matter she is a great Princess and fit for some great State and other Princes perhaps of Christendom would more willingly yield and concur to such a composition of Matters by this Lady and by casting all Foreign Titles of Britanny and Portugal upon her then that the King of Spain should pretend for himself and thereby encrease his Monarchy which other Princes his Neighbours in reason of State would not so well allow or bear In England also it self if any Party or Person be affected that way he would think hereby to have the more reason and if any be against Strangers some such moderation as this would take away much of this aversion as also of Arguments against it for that hereby it seemeth that no subjection could be feared to any Foreign Realm but rather divers utilities to the Realm of England as these men pretend by the reasons before alledged in the precedent Chapter I said also that this Lady Infanta or some other by her Title and her Fathers good will was likest of all Strangers to bear it away for that if she should either dye or be married in any other Countrey or otherwise to be disposed of as her pretence to England should be disenabled before this Affair came to be tried then may her said Father and she if they list cast their foresaid Interests and Titles as divers men think they would upon some other Prince of their own House and Blood as for example either upon some of the Families of Parma or
Queen of Spain Garib l. 13. cap. 10. An. 12â—7 An English Queen Grand-mother to two King Saints at once Another breach of Succession The Cord is put back from the Crown 1276. Garabay l. 15. c. 1. an 1363. Many alterations of Lineal descent Don John the first bastard King of Portugal Garib l. 15. c. 22 l. 34. c. 39. Of the State of France An 419. An. 751. An. 988. Examples of the two Ranks of French Kings King Pepin by Election An. 751. King 〈…〉 〈…〉 â—â—â—â—lan 〈◊〉 an â—8 Eginard Belfor li. 2 cap. 5. The Uncle preferred before the Nephew Paul Mili hist. Franc. King Luys de bonnaire An. 814. Gerard. l. 5. An. 834 An. 840. An. 878. Baudin en la Chronique pag. 119. Gerard l. 1 An. 879. Two Bastards preferred An. 881. Luys Faineant King of Foance An. 886. Charles 4. le Gros King of France Gerard. li. 5. An. 888 Odo a King and after Duke of whom came Hugo Capetus Ralph I. King of France An. 927. An. 929. Luys IV. d' Outremer The true Heir of France excluded Hugh Capet otherwise Snatchcape 988. Belfor li. 3. cap. 1. An. 988. Defence of Hugh Kapetus Title The Embassage of the States of France unto Charles of Loraine Gerard l. 6. an 988. Note this comparison Example out of the third time of France Gerard. li. 6. an 1032. King Henry preferred before his elder Brother William Conquerour how he came to be Duke of Normandy Gerard l. 6. anno 1032. 1037. Sons excluded for the Fathers offences Gerard l. 7. ann 1110 Belfor l. 4. c. 1. l. 5. Commaeus in commentar l 1. in vita Ludovic 11. Examples of the Realm of England Divers Races of English Kings The name of England and English King Egbert the first Monarch of England Polidor hist. Aug. li 4. in fine An. 802. King Pepin of France King Adelwolfe An. 829. King Alfred 872. King Edward Elder An. 900 King Aleston the Bastard preferred An 〈◊〉 〈…〉 hist. Angl. Stow pag. 130. An. 924. King Edmond I. An. 940. The 〈◊〉 preferred before the Nephews 946. Polid. l. 6. Stâ—w in 〈…〉 〈…〉 King Edward martyrized King Etheldred 978. Polid. l. 7. hist. Aug. King Edmond Ironside Queen Emma Mother to King Edward the Confessor Many breaches of Lineal Succession Sons of King Edmond Ironside King Canutus the First 1018 King Harald the Bastard 1038. Polyd. l 8. hist. Angl. King Hardiâ—anutus Anno 1041. Alfred the younger Brother preferred King Edward the Confessor made King against Right of Succession Prince Edward the Outlaw and his Children put back Polyd. l. 8. Harald second King by Election 1066. Polid. ubi sâ—p 〈…〉 of England An. 1066. by Election Gerard. li. 6. An. 1065 Chron. 〈◊〉 l. 3. cap. â—4 Antoninus part 2. Chron. tit 16. cap. 5. §. 1. Examples after the conquest Polyd. in vita Gul. Conq. William Rufus King An. 1087. Henry I. An. 1100. Mathild the Empress King Stephen entred against Succession An Act of Parliament about Succession 1153. King Richard and King John 1190. Prince Arthur put back Two Sisters of Prince Arthur Duke of Britain King John and his Son rejected 1216. The Titles of York and Lancaster The conclusion of this Chapter Causes of Excluding Princes Who must be Judge of the lawful cause of Exclusion Open injustice to be resisted What are the chief points to be regarded in â— Princes admission Whence the Reasons of admitting or rejecting a Prince are to be taken Gerard. li. 3. de l' Estat pag. 242. Three principal Points to be considered Why â—e resolveth to treat of Religion principally The chief end of a common-wealth supernatural Philosophers and Law-makers what end they had of their Doings The commonwealth of Beasts The natural end of Mans commonwealth Sacrifices and Oblations by Nature Gen. 8. Job 1. The chief end of a common-wealth and Magistrates is Religion Genebrard l. 1. Chronol de l. aetate Genes 25. 29. Deut. 21. 2 Parali 21. Regard of Religion among Gentiles Cicero li. 1 quaest Tus. de natuâ—a Deorum lib. 1. Plâ—tâ—rch adverses 〈◊〉 Aristo l. 7. Polâ—ti c. 8. The aâ—sâ—rd 〈…〉 Politicks See before the Oaths made by Princes at their Coronations in the IV. Chapter The Oath to Governours for defence of Religion Collat. 2. Novella constit Justin. 8. tit 3. Note the form of this Oath written An. Dom. 560. How great a defect is want of Religion in a Magistrate Lack of Religion the chiefest cause to exclude a Pretender Vide Digest li. 2â— tit 1. leg 8. 10. Matth. 1â— Marc. 10. 1 Cor. 7. Lib. 4. deceret Greg. tit 19. c. 7. Whether difference in Religion be infidelity Act. 23. 1 Cor. 8. 2 Cor. 5. 1 Pet. 3. Matth. 18 How he that doth against his own conscience Rom. 14. 1 Cor. 14. 10. See upon this place of S. Paul S. Chrysost. hom 36. in hanc epistolam Orig. l. 10. Theodor. in hunc locum How dangerous to favour a Pretender of a contrary reli Against Wisdom and Policy to prefer a Prince of a contrary Religion The conclusion of the whole Speech A protestation of the Lawyer Why they will not determin of any one Title The Book of Hales and Sir Nicholas Bacon The but of â—â—lâ—s his â—â—â—k 〈◊〉 Râ—â—son 〈…〉 The Book of M. Morgan and Judge Brown Answer to the I. Reason To the II. Reason Highinton's book George Lilly in fine Epit. chronic Anglic Sundry important Points Divers other Nots and Pamphlets Sir Richard Shelly Francis Peto A Treatise in the behalf of 〈◊〉 Infanta of Spain Discent of William the Conqueror The Children of the Conqueror Polid. l. 9. in fine Stow in vita Guliel The miseries of Duke Robert and his Son Stow in vit Gul. Conquest William Son of Duke Robert Belfor l 3. cap. 42. An. 1128. King William Rufus Tareagnotta l. 2. del Hist. del mondo K. Henry Polydor. in vita Henrici 1. The House of Britain by the elder Daughter of the Conqueror Belfor l. 3. Pag. 423. Conan Duke of Britain Poysoned by William the Conqueror Belâ—or l. 3. Cap. 12. Aâ— 1095. ex chronic dionis The Daugh of Spain â—re of the â—loud Royal of England The Houses of Bloys Why Stephen was admitted King of England Girard l. 6. Belfor l. 3. The Issue of K. Stephen K. Henry the II. Belfor l. 3. cap. 50. An. 1151. Geraâ—d l. 8 pag 549 King Henry II. his Issue Stow in vita Hen. King Richard Duke Geffrey Paradyn apud Belforest Belfor l. 3. cap. 71. An. 1203. Belfor l. 4. cap. 4. King John and his Issue Miseries that fell upon King John Poâ—i l. Hollâ—â—g 〈◊〉 Stow â—n vita Johannis The issue of King Henry II his Daâ—â—â—ters 〈◊〉 l. 3. c. â—9 〈◊〉 115â— The Issue of Lady Eleanor Queen of Spain Polyd. l. 15. in vit Johan Steph. Garib l. 12. cap. 31. Queen Berenguela Garibay l. 12. c. 52. Pretences of the Infanta of Spain to English French States K. Henry â—he 3. and his
naturae the voice of nature her self for there was never yet Nation found either of ancient time or now in our days by discovery of the Indies or else where among whom men living together had not some kind of Magistrate or Superior to govern them which evidently declareth that this point of Magistrates is also of Nature and from God that created Nature which point our Civil Law doth prove in like manner in the very beginning of our digests where the second Title of the first Book is de origine juris civilis omnium magistratuum of the beginning of the Civil Law and of all Magistrates which beginning is referred to this first principle of Natural Instinct and Gods Institution And last of all that God did concur also expresly with this Instinct of Nature our Divines do prove by clear testimony of Holy Scripture as when God saith to Solomon By me Kings do Reign and St. Paul to the Romans avoucheth That Authority is not but of God and therefore he which resisteth Authority resisteth God Which is to be understood of Authority Power or Jurisdiction in it self according to the first Institution as also when it is lawfully laid upon any person for otherwise when it is either wrongfully taken or unjustly used it may be resisted in divers cases as afterwards more particular shall be declared for then it is not lawful Authority These two points then are of Nature to wit the Common-wealth and Government of the same by Magistrates but what kind of Government each Common-wealth will have whether Democretia which is Popular Government by the People it self as Athens Thebes and many other Cities of Greece had in old time and as the Cantons or Switzers at this day have Or else Aristocretia which is the Government of some certain chosen number of the Best as the Romans many years were governed by Councels and Senators and at this day the States of this Countrey of Holland do imitate the same or else Monarchia which is the Regiment of one and this again either of an Emperor King Duke Earl or the like These particular Forms of Government I say are not determined by God or Nature as the other two points before for then they should be all one in all Nations as the other are seeing God and Nature are one to all as often hath been said but these particular Forms are left unto every Nation or Countrey to chuse that Form of Government which they shall like best and think most fit for the Natures and conditions of their people which Aristotle proveth throughout all the second and fourth Books of his Politiques very largely laying down divers kinds of Government in his days as namely in Greece that of the Milesians Lacedemonians Candians and others and shewing the causes of their differences which he attributeth to the diversity of mens Natures Customs Educations and other such causes that made them make choice of such or such Forms of Government And this might be proved also by infinite other examples both of times past and present and in all Nations and Countries both Christian and otherwise which have not had only different Fashions of Governments the one from the other but even among themselves at one time one form of Government and another at other times For the Romans first had Kings and after rejecting them for their Evil Government they chose Councils which were two Governours for every year whose Authority yet they limited by a multitude of Senators which were of their Council and these mens power was restrained also by adding Tribunes of the people and some time Dictators and finally they came to be governed last of all by Emperors The like might be said of Carthage in Africa and many Cities and Common-wealths of Greece which in divers Seasons and upon divers Causes have taken different Forms of Government to themselves The like we see in Europe at this day for in only Italy what different Forms of Government have you Naples have a King for their Soveraign Rome the Pope and under him one Senator in place of so many as were wont to be in that Common-wealth Venice and Genua have Senators and Dukes but little Authority have their Dukes Florence Farara Mantua Parma Vrbin and Savoy have their Dukes only without Senators and their power is absolute Milan was once a Kingdom but now a Dukedom the like is of Burgundy Lorain Bavire Gascony and Britain the lesser all which once had their distinct Kings and now have Dukes for their Supream Governours The like may be said of Germany that many years together had one King over all which now is divided into so many Dukedoms Earldoms and other like Titles of Supream Princes But the contrary is of Castile Aragon Portugal Barcelona and other Kingdoms this day in Spain which were first Earldoms only and after Dukedoms and then Kingdoms and now again are all under one Monarchy The like is of Bohemia and Polonia which were but Dukedoms in old time and now are Kingdoms The like may be said of France also after the expulsion of the Romans which was first a Monarchy under Pharamond their first King and so continued for many years under Clodion Merovys Childrik and Clodovaeus there first Christened Kings but after they divided it into four Kingdoms to wit one of Paris another of Soissons the third of Orleans and the fourth of Metts and so it continued for divers years but yet afterwards they made it one Monarchy again England also was first a Monarchy under the Brittains and then a Province under the Romans and after that divided into seven Kingdoms at once under the Saxons and now a Monarchy again under the English and all this by Gods permission and approbation who in token thereof suffered his own peculiar people also of Israel to be under divers manners of Governments in divers times as first under Patriarchs Abraham Isaac and Jacob then under Captains as Moses Joshua and the like then under Judges as Otheniel Aiod and Gideon then under High Priests as Hely and Samuel then under Kings as Saul David and the rest and then under Captains and High Priests again as Zorobabel Judas Machabeus and his Brethren until the Government was lastly taken from them and they brought under the power of the Romans and Forraign Kings appointed by them So as of all this there can be no doubt but that the Common-wealth hath power to chuse their own Fashion of Government as also to change the same upon reasonable causes as we see they have done in all times and Countries and God no doubt approveth what the Realm determineth in this point for otherwise nothing could be certain for that of these changes doth depend all that hath succeeded sithence In like manner is it evident that as the Common-wealth hath this authority to chuse and change her Government
also in that of Polidor it may be noted that King Henry the Fifth was not called King until after his Coronation but only Prince though his Father King Henry the Fourth had been dead now almost a month before and secondly that the Parliament consulted de Rege creando more majorum as Polidor his words are that is of making a new King according to the antient custom of their Ancestors which argueth that he was not yet King though his Father were dead not that the manner of our old English Ancestors was to account him so before his Admission Thirdly That this demonstration of good-will of the Nobility to acknowledge him for King before his Coronation and Oath solemnized well and justly to Govern the Realm was very extraordinary and of meer good-will And Last of all That this was never done to any Prince before King Henry the Fifth All which Points do demonstrate that it is the Coronation and Admission that maketh a Perfect and True King whatsoever the Title by Succession be otherwise and that except the Admission of the Common-wealth be joyned to Succession it is not sufficient to make a lawful King and of the two the second is of far more importance to wit the Consent and Admission of the Realm than nearness of Bloud by Succession alone This I might prove by many Examples in England it self where Admission hath prevailed against Right of Succession as in William Rufus that succeeded the Conquerour and in King Henry the First his Brother in King Stephen King John and others who by only Admission of the Realm were Kings against the Order of Succession as after more at large I shall shew you in a particular speech of this point I shall make unto you and very specially it may be seen in the two Examples before-mentioned of the Admission of the two Kings Henry and Edward both sirnamed the Fourth whose entrances to the Crown if a man do well consider he shall find that both of them founded the best part and the surest of their Titles upon the Election Consent and Good-Will of the People yea both of them at their dying-days having some remorse of Conscience as it seemed for that they had caused so many men to die for maintainance of their several Rights and Titles had no better way to appease their own minds but by thinking that they were placed in that Room by the Voice of the Realm and consequently might lawfully defend the same and punish such as went about to deprive them Moreover you shall find if you look into the Doings of Princes in all Ages that such Kings as were most Politick and had any least doubt or suspicion of Troubles about the Title after their Deaths have caused their sons to be Crowned in their own days trusting more to this than to their Title by Succession though they were never so lawfully and lineally descended And of this I could alledge you many Examples out of divers Countreys but especially in France since the last line of Capetus came unto that Crown for this did Hugh Capetus himself to procure to be done to Robert his eldest Son in his own days and the like did King Robert procure for his younger son Henry the First as Gerard holdeth and excluded his Elder only by Crowning Henry in his own days Henry also did intreat the States of France as before you have heard to admit and Crown Philip the First his Eldest Son whilst himself reigned and this man's Son Luys le Cros did the same also unto two Sons of his First to Philip and after his death to Luys the younger which is the seventh of that name for more assuring of his Son named Philip the Second intreated the Realm to Admit and Crown him also in his own days with that great solemnity which in the former Chapter hath been declared And for this very same cause of Security it is not to be doubted but that always the Prince of Spain is sworn and admitted by the Realm during his Father's Reign as before hath been said The same consideration also moved King David to Crown his son Solomon in his own days as afterwards more in particular shall be declared and finally our King Henry also the second of England considering the alteration that the Realm had made in admitting King Stephen before him against the Order of Lineal Succession by propinquity of Bloud and fearing the like might happen also after him caused his eldest son named likewise Henry to be Crowned in his life time so as England had two King Henrys living at one time with equal Authority and this was done in the 16 year of his Reign and in the year of our Lord 1170. But his Device had no good success for that King Henry the Younger made War soon after upon King Henry the Elder and had both the Kings of France and Scotland and many Nobles of England and Normandy to take his part for which cause it is thought that this thing hath never been put in practice again since that time in England but yet hereby it is evident what the opinion of the world was in those days of the force of Coronation and Admission of the Commonwealth and how little Propinquity of Bloud prevaileth without that And for more ample proof hereof and fuller conclusion of all the whole matter I had thought to have laid down also in this place some number of the most notorious Examples that I have read for I have read many wherein the Common-wealth upon just Occasions hath extended her Authority to alter the natural course of Succession by Birth but for that the thing requireth some little study and looking over some Notes that I have taken out of Stories for help of Memory I shall deferr it until our next Meeting at what time I shall by God's Grace make this point very clear and so end my whole Discourse for I see that I have been much longer than at the beginning I purposed and now I desire much to give place unto our Temporal Lawyer here present who I doubt not hath matter to say of more delectation and pleasure than this though you of your courtesies have done me so much favour as to hear me hitherto with patience and attention Whereunto the whole company answered that not with patience but with great pleasure delight and contentation they had heard him and so they would do the Temporal Lawyer also in his turn But yet they desired him that nothing of this discourse might be omitted but wholly finished for that it gave very great satisfaction to all and opened many important Points unto them which they had never thought of before and with this they parted for that night every man unto his Lodging and Habitation CHAP. VII How the next in Succession by Propinquity of Bloud hath often-times been put back by the Cemmonwealth and other further off admitted in their
John his Father and Lowys the Prince of France chosen in his place but that the death of King John did alter that Course intended by the English Nobility so as this matter is neither new nor unaccustomed in all foreign Countreys and now will I pass also a little to our English Stories to see whether the like may be found in them or no. And first of all that the Realm of England hath had as great Variety Changes and Diversity in the Races of their Kings as any one Realm in the World it seemeth evident for that first of all after the Britains it had Romans for their Governours for many years and then of them and their Roman Bloud they had Kings again of their own as appâ—areth by that Valiant King Aurelius Ambrosius who resisted so manfully and prudently the Saxons for a time after this they had Kings of the Saxon and English Bloud and after them of the Danes and then of the Normans and after them again of the French and last of all it seemeth to have returned to the Britains again in King Henry the Seventh for that his Father came of that Race and now you know there be Pretenders of divers Nations I mean both of Scotish Spanish and Italian Bloud so that England is like to participate with all their Neighbours round about them and I for my part do feel my self much of the French opinion before-alledged that so the Ship be well and happily guided I esteem it not much important of what Race or Nation the Pilot be but now to our purpose I mean to pass over the First and Antient Ranks of Kings as well of the British and Roman as also of the Saxon Races until King Egbert the first of this name King of the West Saxons and almost of all the rest of England besides who therefore is said to be properly the first Monarch of the Saxon Bloud and he that first of all commanded that Realm to be called England which ever since hath been observed This man Egbert being a young Gentleman of a Noble House in the West parts of England was had in jealousy by his King Britricus who was the sixteenth King from Cerdicius first King of the West Saxons as he was also the last of his Bloud And for that he suspected that this Egbert for his great Prowess might come in time to be chosen King he banish'd him into France where he lived divers years and was a Captain under the famous King Pepin that was Father to Charles the Great and hearing afterwards that King Britricus was dead he returned into England where Polydor saith omnium consensu Rex creatur that he was created or chosen King by consent and voice of all men though yet he were not next by Propinquity of Bloud Royal as is most evident and yet he proved the most Excellent King that ever the Saxons had before or perhaps after and his Election happened in the Year of Christ eight hundred and two when King Pepin the first of that Race reigned as hath been said in France so as this Monarchy of Egbert and that of Pepin whereof we have alledged so many Examples in the former Chapter began as it were together and both of them I mean both Pepin and Egbert came to their Crowns by Election of the People as here you see This King Egbert or Egbrich as others do write him left a lawful Son behind him named Elthelwolfe or Adelvulfe or Edolph for all is one who succeeded him in the Kingdom and was as Worthy a man as his Father and this Adelvulfe again had four lawful Sons who all in their turns succeeded by just and lawful Order in the Crown to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former Three had any Children and all the latter Three were most Excellent Princes especially Alfred or Alvred the Last of all Four whose Acts are wonderful and who among other his Renowned Gests drove Rollo that Famous Captain of the Danes from the Borders of England with all his Company into France where he got the Countrâ—y or Province named then Neustria and now Normandy and was the first Duke of that Province and Nation and from whom our William Conquerour came afterwards in the sixth Descent This man erected also the Vniversity of Oxford being very Learned himself builded divers goodly Monasteries and Churches and dying left as famous a Son behind him as himself which was Edward the First sirnamed the Senior or Elder This King Edward dying left two Sons lawfully begotten of his Wife Edigna the one named Prince Edmund and the other Eldred and a Third Illegitimate whose name was Adelstan whom he had by a Concubine But yet for that this man was esteemed to be of more valor than the other he was preferred to the Crown before the Two other Princes Legitimate for so testifieth Polidor in these words Adelstanus ex concubina Edwardi filius Rex à populo consalutatur atque ad Kingstonum oppidum more majorum ab Athelmo Canâ—uariensi Archiepiscopo coronatur which is Adelstan the Son of King Edward by a Concubin was made King by the People and was Crowned according to the old custom by Athelme Archbishop of Canterbury at the Town of Kingston Thus far Polidor and Stow addeth further these words His Coronation was celebrated in the Market-place upon a Stage erected on high that the King might better be seen of the Multitude he was a Prince of worthy memory valiant and wise in all his Acts and brought this Land into one perfect Monarchy for he expelled utterly the Danes and quieted the Welchmen Thus much Stow of the Success of Chusing this King Bastard to Reign To whose Acts might be added that he conquered Scotland and brought Constantine their King to do him homage and restored â—uy d' Outremer his Sisters son to the the Kingdom of France as before hath been signified This man dying without Issue his Lawful Brother Edmond put back before was admitted to the Crown who being of excellent expectation dyed after six years and left two Lawful Sons but yet for that they were young they were both put back by the Realm and their Uncle Eldred was preferred before them so saith Polidor Genuit Edmondus ex Egilda uxere Eduinum Edgarum qui cum aetate pueri essent post Eldredum deinde regnarunt King Edmond begat of his Wife Egilda two Sons named Edwin and Edgar who for that they were but children in years were put back and Reigned afterwards after their Vncle Eldred The like saith Stow and yieldeth the same reason in these words Eldred succeeded Edmond his Brother for that his Sons Edwin and Edgar were thought too young to take so great a Charge upon them This Eldred though he entred as you see against the Right of the Nephews yet lay Polidor and
to handle the same again and more largely hereafter These Points toucheth Highington though divers other he leave untouched which are of much importance for the resolution as whether after the Line extinguished of King Henry the IV. which was the eldest son of John of Gaunt there should have entred the Line of Lady Philippa the eldest Daughter lawfully begotten of Blanch first Wife of John of Gaunt or else the race of John Earl of Somerset younger son by his third Wife which then was base-born but legitimated by Parliament for of Philip do come the Kings of Portugal and of John came King Henry the VII And again these Points had been to be disputed as well touching the Succession to the Dukedom of Lancaster alone as also to the Crown jointly all which Articles shall severally afterwards be handled in their places And thus much of this Book More than these four Books I have not seen written of this Affair though I have heard of one made in Flanders in the behalf of the Duke of Parma that is now who by his Mother descendeth of the same Line of Portugal that the King of Spain doth and as this Book pretendeth if we respect the ordinary course of English Laws in particular mens Inheritances he is to be preferred before the said King or any other of the House of Portugal for that his Mother descended of the younger Son and the King of the elder Daughter of the King of Portugal and albeit according to the Law of Portugal the King Was adjudged Next Heir to that Crown yet say they by our Laws of England he cannot be which after must be examined Thus saith that Book and he alledgeth many Reasons for the same as it hath been told me for as I said I never came to have a view of the whole Book but divers of his Arguments I have seen laid together which I shall afterwards in place convenient alledge unto you with the Answers Censures and Replies that the contrary Parties do make thereunto Divers other Papers Nots and Memories I have seen also said he as well touching the Succession of those whom I have named as of others for that Sir Richard Shelly who dyed some years ago in Venice by the name of Lord Prior of S. Johns of England had gathered divers Points touching these Affairs and many more than he had Mr. Francis Peto that dyed in Millain and was a very curious and well read man in Genealogies as may appear by sundry Papers that I have seen of his There want not also divers in England who have traveled much in this business and I have had the the perusing of some of their Labours though I dare not discover their names lest thereby I should hurt them which were not convenient But one great Trouble find I in them all that every man seeketh to draw the whole Water unto his own Mill and to make that Title always most clear whom he most favoureth and this with so great probability of Reason and Authority many times as it is hard to retain a mans consent from that which is said until he have read the Reasons of the other Party and this also is a great Proof of the wonderful ambiguity and doubtfulness which in this most important Affair is to be found And by the way also I had almost forgotten to tell you how that of late I have lighted upon a certain new Discourse and Treatise made in the behalf of the King of Spain's eldest Daughter whom he had by his Wife Isabel the eldest Sister of the last King of France which Isabel and her Daughter the Infanta of Spain called also Isabel are presumed to be the Lawful Heirs to the State of Britany and to all other States that by that means of Britany or otherwise by Women have come to France or have or may fall upon a Woman of the House of France as the States of England and other States thereunto annexed may for that they follow not the Law Salique of France And so this Treatise proveth that by divers ways and for sundry considerations this Princess of Spain is also of the Blood Royal of England and may among others be entituled to that Crown by a particular Title of her own besides the pretence which her Father the King or her Brother the Prince of Spain have for themselves by the House of Portugal all which Reasons and Considerations I shall alledge afterwards in their place and time or at least wise the chief and principal of them And to the end they may be understood the better as also the clearness and pretentions of all the rest that have interest in this Affair I shall first of all for a beginning and foundation to all the rest that shall or may be spoken hereafter set down by way of historical narration all the descents of our English Kings and Pretenders that be important to this our Purpose from the Conquest unto our time which being compared with the Tree it self of Genealogies that shall be added in the end of this Conference will make the matter more plain and pleasant to the Reader CHAP. II. Of the Succession of the Crown of England from the Conquest unto the time of King Edward the III. with the beginning of three principal Lineages of the English Bloud-Royal dispersed into the Houses of Britain Lancaster and York NO man is ignorant said the Lawyer how William the Conqueror came to the Crown of England which was indeed by dint of Sword though he pretended that he was chosen by the will and testament of King Edward the Confessor But howsoever this were his posterity hath endured untill this day and two and twenty Princes of his race have worn the English Crown after him for the space of more then five hundred years and how many more may yet do the same God only knoweth but if we follow probabillity we cannot want of them seeing his bloud is so dispersed over the World at this day as by this Declaration ensueing will appear This King William according to Polidor and other Chronicles of England had by his Wife Mathilda Daughter of Baldwin Earl of Flanders four Sons and five Daughters his eldest Son was Robert whom he left Duke of Normandy who was afterwards deprived of that Dukedom by his younger and fourth Brother Henry when he came to be King of England His second Son was Richard that dyed in his youth his third Son was William surnamed Rufus for that he was of red Hair and the fourth Son was Henry which two last Sons were both Kings of England one after the other as the World knoweth by the names of William the second and Henry the first The Conquerours Daughters were first Cecilie that was a Nun and the second Constantia that was Married to Alayn surnamed Fergant Duke of Britanie and the third was Adela or Alis Married to Stephen County Palatine of Bloys Champagne
in the House of York these men endeavour to shew all the contrary to wit that there was nothing else but suspition hatred and emulations among themselves and extreme cruelty of one against the other and so we see that as soon almost as Edward Duke of York came to be King George Duke of Clarence his younger Brother conspired against him and did help to drive him out again both from the Realm and Crown In recompence whereof his said elder Brother afterward notwithstanding all the reconciliation and many others that passed between them of new love and union caused him upon new grudges to be taken and murthered privily at Calis as all the World knoweth And after both their deaths Richard their third Brother murthered the two Sons of his said elder Brother and kept in prison whiles he lived the Son and Hâ—ir of his second Brother I mean the young Earl of Warwick though he were but a very Child whom King Henry the seventh afterward put to death But King Henry the eighth that succeeded them passed all the rest in cruelty toward his own kindred for he weeded out almost all that ever he could find of the Bloud Royal of York and this either for emulation or causes of meer suspicion only For first of all he beheaded Edmond de la Pole Duke of Suffolk Son of his own Aunt Lady Elizabeth that was Sister to King Edward the fourth which Edward was Grandfather to King Henry as is evident The like destruction King Henry went about to bring to Richard de la Pole Brother to the said Edmond if he had not escaped his hands by flying the Realm whom yet he never ceased to pursue until he was slain in the battel of Pavia in service of the King of France by whose death was extinguished the noble house of the de la Poles Again the said King Henry put to death Edward Duke of Buckingham high Constable of England the Son of his great Aunt Sister to the Queen Elizabeth his Grandmother and thereby overthrew also that worthy House of Buckingham and after again he put to death his Cousen-jerman Henry Câ—urtâ—â—y Marquess of Excester Son of the Lady Catherine his Aunt that was Daughter of King Edward the fourth and attained joyntly with him his Wife the Lady Gertrude taking from her all her goods lands and inheritance and committed to perpetual prison their only Son and Heir Lord Edward Courtney being then but a Child of seven years old which remained so there until many years after he was set at liberty and restored to his living by Queen Mary Moreover he put to death the Lady Margaret Plantagenet Countess of Salisbury Daughter of George Duke of Clarence that was Brother of his Grandfather King Edward the fourth and with her he put to death also her eldest Son and Heir Thomas Poole Lord Montague and committed to perpetual prison where soon after also he ended his life a little Infant named Henry Poole his Son and Heir and condemned to death by act of Parliament although absent Renald Poole Brother to the said Lord Montague Cardinal in Rome whereby he overthrew also the Noble House of Salisbury and Warwick neither need I to go further in this relation though these men do note also how Edward the sixth put to death two of his own Uncles the Seymers or at least it was done by his authority and how that under her Majesty that now is the Queen of Scotland that was next in kin of any other living and the chief titler of the House of York hath been put to death Lastly they do note and I may not omit it that there is no noble house standing at this day in England in the antient state of calling that it had and in that dignity and degree that it was in when the House of York entered to the Crown if it be above the State of a Barony but only such as defended the right and interest of the Houses of Lancaster and that all other great Houses that took part with the House of York and did help to ruine the House of Lancaster are either ceased since or extiâ—pated and overthrown by the same House of York it self which they assisted to get the Crown and so at this present they are either united to the Crown by confiscation or transferred to other lineages that are strangers to them who possessed them before As for example the ancient Houses of England that remain at this day and were standing when the House of York began their title are the House of Arundel Oxford Northumberland Westmerland and Shrewsbury for all others that are in England at this day above the dignity of Barons have been advanced since that time and all these five houses were these that principally did stick unto the House of Lancaster as is evident by all English Chronicles For that the Earl of Arundel brought in King Henry the fourth first King of the House of Lancaster and did help to place him in the Dignity-Royal coming out of France with him The Earl of Oxford and his Son the Lord Vere were so earnest in the defence of King Henry the sixth as they were both slain by King Edward the fourth and John Earl of Oxford was one of the principal assistants of Henry the seventh to take the Crown from Richard the third The House of Northumberland also was a principal aider to Henry the fourth in getting the Crown and two Earls of that name to wit Henry the second and third were slain in the quarrel of King Henry the sixth one in the battel of St. Albans and the other of Saxton and a third Earl named Henry the fourth fled into Scotland with the said King Henry the sixth The House of Westmerland also was chief advancer of Henry the fourth to the Crown and the second Earl of that House was slain in the party of Henry the sixth in the said battel of Saxton and John Earl of Shrewsbury was likewise slain in defence of the title of Lancaster in the battel of Nâ—rthampton And I omit many other great services and faithful endeavoure which many Princes of these five noble ancient houses did in the defence of the Lancastrian Kings which these men say that God hath rewarded wiâ—â— continuance of their houses unto this day But on the contrary side these men do note that all the old houses that principally assisted The title of York are now extinguished and that chiefly by the Kings themselves of that house as for example the principal Peers that assisted the family of York were Mâ—â—â—ray Duke of Norfolk de la Poole Duke of Suffolk the Earl of Saâ—isâ—uâ—y and the Earl of Warwiâ—k of all which the event was this John Moubray Duke of Nâ—rfolk the first considerate of the House of York died soon after the exaltation of Edward the fourth without Issue and so that name
Children we shall see the like course continued for we shall see put to death within the space of four years all these following by Name the Duke of Somerset the Duke of Suffolk the Duke of Northumberland and the Lord Admiral of England Sir Miles Partridge Sir Ralph Vane Sir Michael Stanhope Sir Thomas Arundel Sir John Gates Sir Thomas Palmer Knights with divers other Gentlemen of their Retinue and all these by Natural Domestical and Home-born Princes whereas I dare adventure the greatest Wager that I can make that you shall not find so many put to death of the Nobility by any strange Prince State or Commonwealth Christian in any Foreign Dominion that they possess in many Ages together and the reason thereof is evident by that I said before neither were it policy or wisdom nor could the causes be so often nor ordinarily given by the Nobility to a Prince that were absent from them to use such Severity so as by this it may also appear that to be under a Foreign Government even in the worst kind thereof that can be devised which is to be as a Province or piece of another Kingdom and to come under it by very Conquest it self is not so dangerous a matter as at the first shew it may seem and much less to be under Foreign Government by other sweeter means of Succession or Composition as the present case of England seemeth to import in respect of those foreign Princes which do pretend to the Succession thereof And this is not only shewed and declared by the state and condition of Flanders before their tumults but in like manner it is seen by the present state of Britanny Normandy Aquitaine Provence and other Dukedoms and Countries in France that were wont to have their own particular Princes and now are much more commodiously under the Crown of France The like is seen by the States of Naples Millain Sicily Sardinia and other parts and Countries of Italy which were wont to be under Kings and Princes of their own and now are under the Crowns of Aragon and Castile with infinite odds of peace rest security and wealth then they were before when they had domestical Princes and so themselves do confess I mean the wise and dispassionate among them for of the Vulgar in this case no account is to be made and if they should deny it yet the thing speaketh it self and the publick Histories of their Countries would convince them wherein it is to be read what Phalaris what Dionysius and other homeâ—born Tyrants Sicily for example hath had and suffered and with what infinite cruelty they and divers others of their own Governours have exercised upon them as also what continual turmoils there were in the City of Naples and in all that Kingdom for many years together after it self fell from the Government first of the Roman Empire and then of the Grecian until it came to the Crown of Aragon I mean between their own domestical Kings now of the Blood of Italians now of the Normans now of the Hungarians and now of the French for of all these Lines there have reigned among them and the Realm was a perpetual prey to Souldiers and the very like may be said of Millain after their fall from the Roman Empire under which they lived quiet and prosperously until they came again to be under the Crown of Spain they passed infinite Tribulations first by the contention of their common People against their Nobility and then by the Bloody falling out of their chief Families the one against the other to wit the Furiani Visconti Marcelli Castilioni and Ssorzi which Family last of all prevailed he I say that shall remember this and then behold the present state with the quiet peace safety and riches wherein they now live will now live wiâ—l easily confess that they have changed for the better though they be under Foreign Government and thus much of this point There remaineth to speak a word or two about the second part of the Question before proposed and included partly in this which already hath been treated to wit whether it be better to be under a little or great King which question though it may be decided in part by that which before hath been alledged about being under a foreign Prince yet more particularly to make the same plain these men do say that the reasons be many and evident to prove that the subjection to a great and mighty Monarch is far better First for that he is best able to defend and protect his Subjects And secondly for that he hath least need ordinarily to pill and pole them for that a little King be he never so mean yet must he keep the State of a King and his subjects must maintain the same and if they be but few the greater will the burthen be of every one in particular And thirdly for that a great and potent Prince hath more to bestow upon his Subjects for reward of Vertue and Valour than hath a poor and seeing that every particular subject born within his Princes Dominions is capable of all the Prefermenes which Princes State or Kingdom do yield if he be worthy of the same it is a great Prerogative say these men to be born under a potent Prince that hath much to give which they declare by this example following A man that is born in the City of Genoua or Geneva for both are Cities and States within themselves let him be of what ability or worthiness soever yet can he hope for no more preferment than that Commonwealth and State can give and if there should be many worthy men born there at one time then were this his condition worse for then must he part also with other men though there were not sufficient for himself and the most he could aspire unto if he were an Ecclesiastical man were the greatest Benefice within that State and on the other side if he were a Temporal man he could not hope for much for that the State hath it not to bestow but another that is born under a great Monarch as is the King of France or Spain in these our dayes that hath so many great Bishopricks for Examples sake and other Spiritual Livings to bestow upon the Clergy and so many high Governments and Employments both of War and Peace to give unto Temporal men that can deserve the same This man I say hath a great Advantage of the other in respect of preferment at this day but much more was it in old time to be born under the Roman Empire when it had the preferments of all the World to bestow for that every subject thereof was capable of all the said preferments so far forth as he could make himself worthy and deserve the same For better explication of which point yet I have thought good to cite in this place the words of a certain Learned Knight that in our dayes hath written the Lives
Issue The meeting of three Houses Prince Edward Duke Edmond Lady Beatrix daughter of K. Henry 3. The Pedegree of the Dukes of Britany The great Contention between the Houses of Monford and Bloâ—s in Britany Burgundy and Orleans The controversie between the House of Monford and Blois A question about succession between the Uncle and the Niece The House of Blois overcome The succession of the Monfords in Britany Francis last Duke of Britany How the Dukedom of Britany was united to France The Issue Male of K. Henr. 3. The Bishop of Ross in his Book of the Queen of Scots Title George Lilly in fine Epitomes Chron. Anglic. That Edward was the elder Mat. West in vit H. 3. Hollingshed ibid. p. 654. Hollingsh in vit H. 3. p. 740. 777. Edmonds Line never pretended to the Crown Note this consequent The eldership of Edmond a fiction Polyd. in fine vit Henr. 3. The Issue of K. Edward the â— The Issue of Edmond Crouch-back Collateral Lines of Lancaster 〈…〉 of K Edward 3. The Red Rose and the White Issue of the Black Prince The Issue of Leonel the 2d Son The Issue of Edmond the 4. Son The Issue of Thomas the 5. Son The Issue of of the 3d. â—n Duke of Lancast. The Issue of L. Blanch. Lady Philippa married into Portugal and her Issue Lady Elizabeth second Daughter The Issue of K. Henr. 4. The Issue of John of Gaunt by his second Wife The controversie in Spain between King Peter the Cruel and his Bastard broohâ—r Garibay l. 15. â— 26. Of Lady Catharine Swinford Hollinshed in vita Rich. 2. p. 1088. The Duke of Lancaster 's bastards made legitimate Hollingh in vita Kich 2. pag. 1090. The issue of Katharine Swinfords children King Henry VII The Dukes of Somerset Polidor hist. Ang. lib. 23. Hollings in vita Edwardi IV. pa. 1314. 1340. What heirs of Lancaster now remain in England The Issue of the House of York Richard Earl of Cambridge executed Richard Duke of York slain Edward Duke of York and King his Issue The Line of the Pooles The Line of the Hastings The Barringtons King Richard 3. Issue of K. Henry the 7. Issue of the Lady Mary of Scotland Issue of Mary 2d Sister to K. Henry Lady Frances Stow An. 7 Edw. 6. Of Lady Eleanor of Suffolk Variety of Authors opinions about this controversie Polyd. in fine vit Henr. 3. initio vit Henr. 4. in vit Ric. An. 1386. The Allegations of the House of York The story of the controversie between Lancaster and York Polyd. in â—â—a Riâ—h 2. l. b. 20. King Richards deposition Chief points of the controversie between Lancaster and York Three pâ—â—â—t King Richards deposition That a 〈…〉 1. Reason 2. Authority 3. Examples Whether the causes were sufficient of King Richards deposition The Hâ—â—se of York chief 〈◊〉 in deposing K. Rich. Polyd. Hist. Angl. l. 20. Addit ad Polycronicon Testimony of Stories The evil government of K. Rich. Stow in vit Rich. 2. pag. 502. regni 11. A great insolency The evil Parliament Stow an 21 regni Rich. The Duke of Lancaster called by common request Frosard Walsingham Whether the manner of deposing K. Richard were good Arms necessary for removing an evil Prince 〈◊〉 of 〈…〉 by 〈◊〉 Forces King Eglon slain in his Chamber Judg. 3. Saul put down by violence 1 Chr. 10. vers 9. Rehoboam deposed by his Subjects of ten Tribes 2 Reg. 11. 12. 2 Paralip cap. 10. Joram and his Mother Jezabel deposed by force 4 Reg. 9. Athalia deprived by force 4 Reg. 11. Whether Lancaster or York should have entred after K. Rich. Polydor l. 20. in vit Rich. Stow in vita Richardi 2. Whether 〈◊〉 Earl of 〈…〉 or 〈…〉 K. Râ—â—h The Title of York is by a Woman Stow in vit Hen. 5. an 3. regn The Earl of Cambridge executed for Conspiracy An objection for York that Edmond Mortimer was declared Heir appaâ—â—n Polyd. l. 20 Stow in vit Rich. 2. an 1385. Hollingsh in vit Rich 2. p. 1038. Stow an 1382. Polyd. l. 20 an 1394. The cause of hatred between K. Richard and the House of Lancaster John Frosard in Histor. Polydor. Hollingsh Stow in vit Rich. 2 Wâ—lâ—â—â—gh 〈…〉 2. p. 341. 3â—â— John Frosard in vit Henriet 〈◊〉 Roger Moâ—tiâ—â—â— was deâ—lâ—red Hâ—â—r 〈◊〉 Hollingsh in vit Richar. 3. p. 1406. in vit Edwar. 6. p. 1715. The declaration of K. Edw. 6. in favour of the Lady Jane Gray Girard du Haillan l. 15. his Franc. initio 〈…〉 〈◊〉 in â—â—tent Poâ—â—â—nem Câ—â—e suis leg haered The second â—â—â—mâ—le of the Uncle An examâ—plâ— of the Uncle before 〈◊〉 Nephew in Spain Garâ—bay l. 13. c. 1â— an 1276. Another example in France and Flanders Polydor. l. 15. in vit Edw. 3. Anoâ—â—eâ— example of Britany Supra c. 2. Another example â—n Scotland The contention of the Houses of â—alliol and Bruse in Scotl. Examples in England Hollingsh in vit Regis Johannis p. 142. How Arthur Duke of Britany was declared Heir apparent Polydor l. 14. Hollingsh in vit Ric. 1. p. 480. Hollingsh in vit Richardi Regis p. 496. 499. Hollingsh p. 540. Walsingh in Ypodig Neustriae Opinions of Lawyers for the Nephew and Uncle Benedict Cap. Ranutius verb. in eodem testam Baldus in lib. ut in test cap. de suis leg haered per. li. unicam pro 20. sui autem novissimo Touching the Common Law of England Different rules in succession of the Crown of other Inheritances The Common Law grounded in Custom Ancient Lawyers that defended the House of Lancaster Hollingsh in vit Henrici 6. p. 1300. The sum of this controversie repeated Other Arguments of Lancaster Stow in vit Hen. 5. p. 587. The Princes of York often attainted Stow in vit Hen. 6. York entred by violence Stow in fine vit Henrici 6. The House of York put down a Holy King Long possessions of the House of Lancaster 5. The difference of Kings of both Houses The Princes of York cruel one to the other Polydor Virg Hist. Angl. l. 24. Great union and faithfulness of the Princes of Lancaster Polydor lib. 23. Dissentioâ—s in the House of York K. Edw. 4. K. Riâ—h 3. K. Henry 8. how many he put to death of his own Kindred The de la Pools The House of Buckingham The House of Câ—urtâ—eys The House of Salisbury Seymers put to death Queen of Scots 7. Nâ— old noble House standing in England but such as took part with Lancaster Five ancient noble houses Arondel Oxford Northumberland Westmerland Shrewsbury Houses that favoured York destroyed 〈…〉 〈…〉 Pooâ—â—◠〈…〉 of 〈◊〉 and Warwick King Henry the 7. Chowned in the field in respect of the house of Lancaster only though his title that way was not great A division of the families that do pretend Of the house of Scotland Arabella In favour of the King of Scots Argument against the King of Sâ—ots The King of Scots
of the Crown of France seeing the Lords Prelates Princes and Governours of the Realm did call him to this Dignity and chase him for their King and Soveraign Lord Thus much Nangis Upon which words Belforest saith as followeth I have laid before you the Words and Censure of this Good Religious Man for that they seem to me to touch the Quick for in very Truth we can not by any other means defend the Title of Hugh Capet from Vsurpation and Felony than to justify his coming to the Crown by the consent and will of the Commonwealth and in this I may well excuse me from inconstancy and contradiction to my self that have so earnestly defended Succession before for he that will consider how and with what conditions I defended that shall easily see also that I am not here contrary to the same Thus much Belforest I think it not amiss also to put down here some part of the Oration or Speech which the Embassadour that was sent at that time from the State of France unto Charles of Loraine after their Election of Hugh Capet and Charles's exclusion did use unto him in their Names which Speech Gerard doth recount in these words Every man knoweth Lord Charles that the Succession of the Crown and Realm of France according to the ordinary Law and Rights of the same belongeth unto you and not unto Hugh Capet now our King but yet the very same Laws which do give unto you this Right of Succession do judge you also unworthy of the same for that you have not endeavoured hitherto to frame your Life and Manners according to the Prescript of those Laws nor according to the Vse and Custom of your Countrey of France but rather have allyed your self with the German Nation our old Enemies and have acquainted your self with their vile and base manners Wherefore seeing you have forsaken and abandoned the Antient Vertue Sweetness and Amity of the French We have also abandoned and left You and have Chosen Hugh Capâ—t for Our King and have put You back and this without any Scruple or Prejudice of our Consciences at all esteeming it far better and more just to live under Hugh Capet the present Possessor of the Crown with enjoying the antient Vse of our Laws Customs Priviledges and Liberties than under You the Inheritor by nearness of Bloud in Oppression strange Customs and Cruelty For even as those which are to make a Voyage in a Ship upon a dangerous Sea do not so much respect whether the Pilot is to Guide the Stern be Owner of the Ship or not but rather whether he be skilful valiant and like to bring them in safety to their Ways end or to drown them among the Waves even so our Principal Care is that we have a Good Prince to Lead and Guide us happily in this way of Civil and Politik Life which is the End why Princes were appointed for that this man is fitter to be our King This Message did the States of France send to Charles of Lorayne in defence of their Doings and with this he lost his Succession for ever and afterwards his Life also in Prison and the French men thought themselves Secure in Conscience as you see for doing the same which God hath also since seemed to confirm with the Succession and happy success of so many Noble and most Christian Kings as have issued out of this Line of Hugo Capetus unto this day And this spoken now of the Second Line of France I take to be sufficient for proof of our Purpose without going any further for that if we do but number these Kings already named that have Reigned in this second Race from King Pepin downwards unto Hugh Capet which are about 17 or 18 Kings in 238. Years we shall find that not some few but the most part of them did both enter and enjoy their Crowns and Dignities contrary to the Law of Lineal Descent and of next Succession by Bloud Whereof also there would not want divers Examples in the third and last Descent since Hugo Capetus's time if we would pass further to Examine the Stories thereof For not to go further down than to the very next Descent after Hugh which was King Robert his Son Gerard affirmeth in his Story that of his two Sons which he had named Robert and Henry Robert the Elder was put back and his younger Brother Henry made King of France and Reigned many Years by the name of Henry the First and this he saith happened partly for that Robert was but a Simple man in respect of Henry and partly also for that Henry was greatly favoured and assisted in this pretence by Duke Robert of Normandy Father to our William the Conquerour and in recompense hereof this King Henry afterwards assisted the said William Bastard son to Robert for the attaining of the Dukedom of Normandy after the death of the said Duke Robert his Father notwithstanding that Duke Robert had two lawful Brothers alive at that time whose names were Manger Archbishop of Rouan and William Earl of Argues in Normandy who pretended by Succession to be preferred But the States of Normandy at the request of Duke Robert when he went to the Holy Land in which Journey he dyed as also for avoiding of Dissension and Wars that otherwise might ensue were content to exclude the Uncles and admit the Bastard son who was also assisted by the Forces of the King of France as hath been said so as no Scruple it seemed there was in those days either to prefer King Henry to the Crown of France before his Elder Brother or Duke William the Bastard son to the Dutchy of Normandy before his lawful Uncles upon such slow Considerations as those States may be presumed to have had for their doings I read also that some years after to wit in the Year 1110. when Philip the First of France Son and Heir to this King Henry of whose solemn Coronation you have heard before in the seventh Chapter was deceased the People of France were so offended with his evil Life and Government as divers were of opinion to disinherit his Son Lowis the Sixth sirnamed le Gros for his sake and so was he like to have been indeed as may appear by the Chronicle of France if some of his Party had not caused him to be Crowned in hast and out of Order in Orleans for preventing the matter The like doth Philip Cominaeus in his Story of King Luys the Eleventh declare how that the State of France had once determined to have disinherited his Son Charles named after the VIII and to put him back from his Succession for their hatred to his Father if the said Father had not dyed while the other was very young as I noted before also that it happened in King Henry the Third of England who was once condemned by the Barons to be disinherited for the fault of King