first had Issue Edward his firâ—â— begotten Son entitled and called after the decesse of the seid first Edward his fader King Edward the secund which had Issue and leefully gate the right noble and honourable Prynce Edward the third the tâ—ue and undoubted King of Englond and of Fraunce and Lorde of Irelond which Edward the third true and undoubted King of Englond and of Fraunce and Lorde of Irelond had Issue and leefully gate Edward his first bâ—goten sonne Prince of Wales William Hatfeld secund begotten Leonell third begoten Duc of Clarence John of Gaunt fourth begoten Duc of Lancaster Edmund Langley fiâ—â—h goten Duc of Yorke Thomas W dâ—stoke sixt goten Duc of Gloue and William Windsore the seventh goten The seid Edward Prynce of Wâ—â—es which dyed in the lyfe of the seid Edward King had Issue and leefully gate Richard the which succeeded the same Edward King his Grauntfiâ—e in roiall Dignite entitled and called King Richard the secund and dyed without Issue William Hatfeld the secund goten sonne of the seid Edward King dyed without Issue Leonell the third goten sonne of the same Edward King Dâ—c of Clarence had Issue and leefully gate Phâ—lippe his only daughter and heir which by the Sacrament of Matrimonie copled unto Edmund Mortymer Erle of Marche had Issue and leefully bore Râ—ger Mortymer Erle of Marche his sonne and heiâ—e which Roger Erle of Marche had Issue and leâ—fully gate Edmond Erle of Marche Roger Mortymer Anne and Alianore which Edmund Roger and Alianore dyed without Issue and the seid Anne under the Sacrament of Matrimonie copled unto Richard Erle of Cambrigge the sonne of the seid Edmund Langley the fift goten sonne of the seid King Edward as it is afore specified had Issue and leefully bare Richard Plantaginet commonly called Duc of York The seid John of Gaunt the fourth goten sonne of the seid King Edward and the younger Brother of the seid Leonell had Issue and leefully gate Henry Erle of Derby which incontinent after the time that the seid King Richard resigned the Corones of the seid Reaumes and the seid Lordship of Irelond unrightwisely entred upon the same then beying on lyve Edmund Mortymer Erle of Marche sonne to Roger Mortymer Erle of Marche sonne and heir of the said Phelippe daughter and heir of the seid Sir Leonell the third sonne of the seid King Edward the third to the which Edmund the right and title of the seid Corones and Lordship by lawe and custome belonged To the which Richard Duc of York as sonne to Anne daughter to Roger Mortymer Erle of Marche sonne and heir to the seid Phelippe daughter and heir to the seid Leonell the third goten sonne of the seid King Edward the third the right title dignite roiall and estate of the Corones of the Reaumes of Englond and of Fraunce and of the Lordship and lond of Irelond of right lawe and custume apperteigneth and belongeth afore eny issue of the seid John of Gaunt the fourth goten sonne of the seid King Edward n. 20. The seid title natheless notwithstanding and without prejudice of the same The seid Richard Duc of York tenderly desireyng the we le rest and prosperite of this lond and to set apart all that that myght be trouble to the same and considering the possession of the seid King Herry the sixt and that he hath for his time be named taken and reputed King of Englond and of Fraunce and Lorde of Irelond is content agreeth and consenteth that he be had reputed and taken King of Englond and of Fraunce with the roiall estate dignite and pre-eminence belonging therto and Lord of Irelond duryng his lyfe naturall and for that time the seid Duc without hurt or prejudice of his seid right and title shall take worship and honour him for his Soveraine Lorde n. 22. Item It is accorded appointed and agreed that the seid Richard Duc of Yâ—â—k rejoyse be entitled called and reputed from hens forth verrey and rightfull heire to the Corones roiall estate dignite and Lordship aboveseid and after the decesse of the seid King Herry or when he woll ley from him the seid Corones estate dignite and Lordship the seid Duc and his heires shall immediately succeed to the seid Corones roiall estate dignite and Lordship Item n. 25. For the more establishing the seid accord It is appointed and consented that the Lordes Spirituelx and Temporelx being in this present Parlement shall make â—oothes to accepte take wurship and repute the seid Richard Due of York and his seid heires as above is reherced and kepe observe and strengthen in as much as apperteigneth unto them all the things aboveseid and resist to their power all them that wull presume the contrary according to their estates and degrees The King understanding certainly the seid title of the seid Richard Duc of York just lawful true and suffisant n. 27. by thavis and assent of the Lords Spirituelx and Temporelx and Commons in this present Parlement assembled and by auctorite of the same Parlement declareth approveth and ratifieth confermeth and accepteth the seid title just good lawfull and true and therunto yeveth his assent and agreement of his fâ—â—e will and libertie And over that by the seid avis and auctorite declareth entitleth calleth stablisheth affermeth and reputeth the seid Richard Duc of York verrey true and rightfull heire to the Corones roiall estate and dignite of the Reaumes of Englond and of Fraunce and of the Lordship of Irelond aforeseid and that according to the wurship and reverence that therto belongeth he be taken accepted and reputed in wurship and reverence by all the States of the seid Reaume of Englond and of all his Subgetts therof saving and ordeigning by the same auctorite the King to have the seid Corones Reaumes roiall estate dignite and pre-eminence of the same and the seid Lordship of Irelond duryng his lyf naturall And ferthermore by the same avis and auctorite wolle consenteth and agreeth that after his decesse or when it shall please his Highness to ley from him the seid Corones estate dignite and Lordship or therof cesseth The seid Richard Duc of York and his heires shall ymmediately succeed him in the seid Corones roiall estate dignite and Lordship and them then have and joy any Act of Parlement Statute Oâ—dynaunce or other thing to the contrarie made or interruption or discontinuance of possession notwithstonding And moreover by the seid avis and auctorite stablisheth graunteth coâ—fermeth approveth ratifieth and accepteth the seid accord and all things therin conteyned And thereunto freely and absolutely assenteth and agreeth From this Record it is evident 1. Richard Duke of York exhibited his bare Claim and Title to the Lords only 2. Râ—chard Duke of York did not petition the Lords n. 11. 3. His Council only delivered in a Wâ—iting containing his Descent and Title by Birthright and Hereditary Succâ—ssion and nothing else 4. The Matter was so high the Lords could not answer it
of the seid Duc and of more auctorite then eny Cronicle And alsoe of auctorite to defete any maner title made to eny persone And also where 't is said that it is to be leyde ayenst the seâ—â—e title dyvers entailles made to the heirs males as for the Corone of Englond as it may appear by divers Cronicles and Parlements The sâ—id Richard Plantaginâ—t aunswereth and saith that in trouth ther been noo such actes and tailles made by eny Parlement herebefore as it is surmysed but only in the vijth year of King Herry the fourth a certeyne act and ordinaunce was made in a Parlement by him called wherein he made the Reaâ—mes of Englond and Fâ—aunce amongs others to be unto him and to the heirs of his body comyng and to his iiij sonnes and the heires of their bodies commyng in maner and forme as it appereth in the same act And if he myght have obteigned and rejoysed the seid Corones c. by title of inheritaunce discent or succession he neither neded nor wold have desired or mâ—de them to be graunted to him in such wise as they be by the seid acte The which taketh no place nother is of eny force or effect ayenst him that is right enheritor of the seid Corones as it accordeth with Godd's lawe and all natural lawes how it be that all other actes and ordinaunces made in the seid Parlement and sithen been good and sâ—ffisant ayenst all other persones n. 16. Item Where it is thought that if the seid Duc shuld make any title or cleyme by the line of Sir Leonell he shuld bere the Armes of the same Sir Leonell and not the Armes of Edmund Langley late Duc of Yâ—â—k The seid Duc aunswereth and saith that trouth is he myght lawfully have borne the Armes of the seid Sir Leonell here bisore and also the same Armes that King Edward the third bare that is to say the Armes of the Reaumes of Englond and of Fraunce but he absteyned of beryng of the seid Armes like as he absteigned for the tâ—me of purposyng and pursuing of his right and title c. for causes not inknowen to all this Reaume for though right for a time rest and bee put to scilence yet it roteth not ner shall not perish n. 17. Item Where it is alleged ayenst the title of the seid Duc that the seid Herry of Derby at such tyme as he toke uppon him the Corone of Englond said that he entred and toke the same Corone uppon him as right enheritour to King Herry the third and not as a Conquerour The seid Duc therto saith that such saying of the seid King Herry the fourth may in noo wise be true and that the contrarie therof which is trouth shall be largely ynough shewed approved and justefyed by sufficiaunt auctorite and matier of record And over that that his seid saying was oonly to shadow and colour fraudulently his seid unrightwyse and violent usurpation And by that moyen to abuse deceyvably the people stonding about him Item The Saturday n. 18. the xvij day of this present Parlement it was shewed unto the Lords Spirituelx and Temporelx being in this present Parlement by the mouth of the seid Chaunceller that the seid Duc of York called besily to have hasty and spedy aunswere of such matiers as touched his title aboveseid And how that for as moche as it is thought by all the Lordes that the title of the seid Duc cannot be defeted and in eschewing of the grete inconvenients that may ensue a meane was found to save the King's honour and astate and to appease the seid Duc if he wold which is this That the King shall keep the Corones and his â—state and dignity roiall duryng his lyfe and the seid Duc and his heirs to succede him in the same Exhorting and stering all the seid Lordes that if eny of them cowde finde eny other or better meane that it might be shewed whereuppon after sad and ripe communication in this matier had it was concluded and agreed by all the seid Lordes that sith it was soo that the title of the seid Duc of York cannot be defeted and in eschuing the grete inconvenients that myght ensue to take the meane above-rehersed The othes that the seid Lordes had made unto the King's Highness at Coventre and other places saved and their consciences therin clered and over that it was agreed by the seid Lordes that the seid meane shuld be opened and declared to the King's Highness And forthwith they went towards the King where he was in his Chambre within his Palice of Westminster and in their goyng out of the Parlement-chambre the seid Chaunceller asked of the seid Lordes that sith it was soo that the seid mean shuld be opened by his mouth to the King 's good Grace yf they wold abide by him howsoever that the King toke the matier and all they aunswered and said Yee All these premisses thus shewed and opened to the King's Highness he inspired with the grace of the Holy Goost and in eschuying of effusion of Christien blode by goode and sad deliveration and avyce had with all his Lordes Spirituelx and Temporelx condescended to acord to be made betweene him and the seid Duc and to be auctorized by thauctoryte of this present Paâ—lement The tenour of which accord hereafter ensueth in maner and forme following Concordia facta inter Regem p aefatum Dâ—cem n. 19. Blessed be Jesu in whos hand and bountie restith and is the peas and unitee betwixt Princes and the we le of every Reaume thurgh whos direction agreed it is appointed and accorded as followeth Betwixt the moost mighty Prynce King Hâ—rry the sext King of Englond and of Fraunce and Lorde of Irelond on that oon partie and the right high and mighty Prince Richard Planâ—aginet Duc of York on that other partie upon certaine matiers of variaunce moeved betwixt them and in especiall upon the cleyme and title unto the Corones of Englond and of Fraunce and roiall power estate and dignite apperteigning to the same and Lordship of Irelond opened shewed and declared by the seid Duc afore all the Lordes Spirituelx and Temperelx being in this present Parlement The seid agrement appointment and accord to be auctorised by the same Parlement This is the same verbatim with the Writing put inâ—o the Parliament n. 11. First Where the seid Richard Duc of York hath declared and opened as above his seid title and cleyme in manere as followeth That the right noble and worthy Prince Herry King of Englond the third had issue and leefully gate Edward his first begoten Sonne born at Westminster the XV Kalends of Juyll in the Vigill of St. Marc and Mercellian the yere of our Lorde MCCXXXIX and Edmund his secund Sonne which was borne on St. Marcell day the yere of our Lorde MCCXLV The which Edward afâ—er the deth of the seid King Herry his Fader entitled and called King Edward the
Edward III. and younger brother of Leonell temerously ayâ—nst rightwiseness and justice by force and armes ayenst his feâ—th and ligeance rered-werre at Flynt in Wâ—les ayenst the seid King Richard him toke and impâ—esoned in the Towre of London of grete violence And the samâ— King Richard so being in prison and lyvying usurped and intruded upon the Roiall Power Estate Dignity Preeminence possessions and Lordships aforeseid taking upon him usurpously the Corone and name of King and Lord of the same Reaume and Lordship and not therwith satisfied or content but more grevous thyng attempting wykidly of an unnatural unmanly and cruel Tyranny the same King Richard King enoynted coroned and consecrate and his Liege and most high Lord in the Eâ—th ayenst God's Law Manne's Ligeance and Oâ—ch of Fidelite with uttermost puâ—icion attormenting murdered with most vyle heynous and lamentable death Ibid. n. 10. And that the same Henry unrightwisely ayenst Lawe Conscience and Custume of the seid Reaume of Englond usurped upon the seid Corone and Lordship And that he and also Henry late called King Henry V. his sonâ—e and the seid Henry late called King Henry VI. the sonne of the seid Henry late called King Henry V. occupied the seid Reaume of Englond and Lordship of Irelond and exercised the governaunce therof by unrightwise intrusion and usurpation and in noon otherwise 'T is true the Distinction of a King de facto and de jure was first heard of in this very Parliament which declared the hereditary Right of the House of York in in the First of Edward IV. cap. 1. in print which agrees with the Record in the Parliament-Roll n. 41. and not before but not started then by the Lawyers to fiâ—d a sufficient Salvo for the Kings of the House of Lancaster but an Expression intended by Parliament before they used it to denote and make known an unlawful pretended or pretensed Kâ—ng that had not obtained the Crown by just Title or to signifie an Usurper by way of Antithesis or Contradistinction to a K ng de jure or in Right For this very Parliament that had declared Henry IV. V. VI. Usurpers calls them all in this Act or Statute Kings de facto or in Deed and not in Right and their Reigns pretensed Reigns and very often affiâ—ms them to be but pretensed Kings such as did not reign lawfully nor possess the Crown by just Title And that this was the intention of the Parliament in the use of this Expression the Statute it self will inform the Author or any indifferent Reader that will peruse it The Lawyers did not comment or descant upon these Words or declare what power a King de facto had before Easter-Term in the Ninth of Edward IV. and then they acknowledge Henry VI. King de facto in the Instance to have been an Usurper and that he was not King forsque per usurpacion but by Usurpation This Ninth of Edward IV. was a troublesome Year and Make-king Warwick in all probability with many others of the Nobility were at this very time contriving against him and to re-inthrone King Henry for in July following he was in opeâ— Rebellion against King Edward and about the end of that Month or beginning of August madâ— him Prisoner who soon made his Escape left the Nation and went into Holland c and on the sixth of October in that Year Henry VI. was restored The Earl of Warwick was popular almost beyond Imagination and probably the Lawyers during the Contrivance when thâ—y saw the People move that way might start such Notions about the Power of a King de facto as might encourage the Undertaking of Wâ—â—wick and his Friends for Henry VI. against Edward IV. 'T is observable that the Judges did not argue or give any Opinion in this Case but only the Serjeants and Apprentices of the Law as appears in the Câ—se it self Third Institut fol. 7. Sir Edward Coke hath out-done the Year-Book 9. Ed. IV. Term. Pasch concerning whole Opinion the Author may read Mr. Pryn Pag. 482 c. in his Plea for the Hoâ—se of Lords This is a brief Account of a King de facto and the Origin of the Expression by which it is most manifest that by the Parliament-Roll the Statute and Case of the Ninth of Edward IV. he is no other than a pretensed unlawful King and an Usurper though set up as the three Henries were and therefore the pretended Distinction is idle as may also further appear by the following Statute which because not common is here recited at large Statutes at large 17. Ed. IV. c. 7. Item Whereas in the most dolorous Absence of ouâ— Soveraign Lord the King out of this his Realm being in the parties of Holland and before his victorious Regress into the same Realm Rot. Parl. 17. Ed. IV. n. 34 This Writ of Summons to the Parliament is dated 15. Octobr. Rot. Cl. 49. Hen. VI. M. 6. Dors in a pretensed Parliament unlawfully and by usurped Power summoned by the Rebel and Enemy to our Sovereign Lord the King Henry VI. late in Deed and not of Right King of England holden in the Palace of Westminster the 26th Day of November in the Ninth Year of our Sovereign Lord the King that now is under the coloured Title of the said Henry the Forty ninth Year of the Incoation of his pretensed Reign and the First Year of the Readeption of his usurped Power and Estate divers and many Matters were treated communed wrought to the destruction and disherison of our Sovereign Lord the King and his Blood Royal by the Labouâ— and Exhortation of Persons not fearing God nor willing to be under the Rule of any earthly Prince but inclined of sensual Appetite to have the whole Governance and Rule of this Realm under their Power and Domination Which Communications Treaties and Workings do remain in Writing and some exemplified whereby many Inconveniences may ensue to our said Sovereign Lord the King and his Blood Royal which God defend and all Noblemen at this time attending about the King and all his other Liege People and Subjects unless due Remedy be provided in this behalf Our said Sovereign Lord the King by the Assent of the Lords Spiritual and Temporal and at the Request of the Commons in the said Parliament assembled and by the Authority of the same For the Surety of his noble Person his noble Issue and the inheritable Succession of the same and for the Surety of all the Lords Noblemen and other his Servants and Subjects hath ordained and stablished that the said pretensed Parliament with all the Continuances and Circumstances depending upon the same be void and of none effect and that all Acts Statutes Ordinances Treats Communications Conventions and Workiâ—gs in the same pretensed Parliament treated communed accorded wrought had or by Authority of the same Parliament enacted and ordained and all Exemplifications made upon the same or any part of them and every of