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A50030 Leicester's common-wealth conceived, spoken and published with most earnest protestation of dutifull goodwill and affection towards this realme / by Robert Parsons Jesuite ; whereunto is added Leicesters-ghost.; Leycesters commonwealth. Parsons, Robert, 1546-1610.; Rogers, Thomas, 1573 or 4-1609 or 10. Leicester's ghost. 1641 (1641) Wing L969; Wing L970_VARIANT; ESTC R12740 146,895 230

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House of Yorke where it continued with much trouble in two Kings onely untill both Houses were joyned together in King Henry the seventh and his noble issue Hereby wee see how the issue of Iohn of Gaunt Duke of Lancaster fourth Son to King Edward the third pretended right to the Crowne by Edmond Crookebacke before the issue of all the other three Sonnes of Edward the third albeit they were the elder Brothers whereof wee will speake more hereafter Now Iohn of Gaunt though hee had many children yet had he foure onely of whom issue remaine two Sonnes and two Daughters The first Son was Henry of Bolingbrooke Duke of Lancaster who tooke the Crowne from King Richard the second his Unkles Sonne as hath beene said and first of all planted the same in the House of Lancaster where it remained in two discents after him that is in his Son Henry the fift and in his Nephew Henry the sixt who was afterward destroyed together with Henry Prince of Wales his onely Sonne and Heire and consequently all that Line of Henry Bolingb●ooke extinguished by Edward the fourth of the House of Yorke The other Son of Iohn of Gaunt was Iohn Duke of Somers●t by Katherine Sfinsford his third wife which Iohn had issue another Iohn and he Margaret his Daughter and Heire who being married to Edmond Tyder Earle of Richmond had issue Henry Earle of Richmond who after was named King Henry the seventh whose Line yet endureth The two Daughters of John of Gaunt were married to Portugall and Castile that is Philip borne of Blanch Heire to Edmond Crookeback as hath beene said was married to Iohn King of Portugall of whom is descended the King that now possesseth Portugall and the other Princes which have or may make title to the same and Katherin borne of Constan●e Heire of Castile was married back againe to Henry King of Castile in Spaine of whom King Philip is also descended So that by this wee see where the remainder of the House of Lancaster resteth if the Line of King Henry the seventh were extinguished and what pretext forraine Princes may have to subdue us if my Lord of Huntington either now or after h●r Majesties dayes will open to them the doore by shutting out the rest of King Henries Line and by drawing backe the title to the onely House of Yorke againe which he pretendeth to doe upon this that I will now declare King Edward the third albeit he had many children yet five onely will we speake of at this time Whereof three were elder then J●hn of Gaunt and one yonger The first of the elder was named Edward the blacke Prince who died before his Father leaving one onely Sonne named Richard who afterward being King and named Richard the second was deposed without issue and put to death by his Cosin germain named Henry Bolingbrooke Duke of Lancaster Son to John of Gaunt as hath beene said and so there ended the Line of King Edwards first Sonne King Edwards second Sonne was William of Hatf●●ld that died without issue His third Sonne was Leonell Duke of Clarence whose onely Daughter and Heire called Ph●●ip was married to Edmond Mortimer Earle o● Marc● and after that Anne●he ●he Daughter and Heire of Mortimer was married to Richard Plantagi●et Duke of Yorke Son and Heire to Edmond of Lang●●y the first Duke of York● which Edmond was the fift Son of King Edward the third and younger Brother to John of Gaunt And this Edmond of Lan●ley may bee called the first beginner of the H●use of Yorke even as Edmond Crookback the beginner of the House of Lancaster This Edmond Langley then having a Sonne named Richard that married Anne Mortimer sole Heire to Leonell Duke of Clarence joyned two Lines and two Titles in one I meane the Line of Leonell and of Edmond Langley who were as hath bin said the third and the fift Sonnes to King Edward the third And for this cause the childe that was borne of this marriage named after his Father Richard Plantaginet Duke of Yorke seeing himselfe strong and the first Line of King Edward the thirds eldest Son to be extinguished in the death of King Richard the second and seeing William of Hatfield the second Sonne dead likewise without iss●e made demand of the Crowne for the House of Yorke by the title of Leonell the third Sonne of King Edward And albeit hee could not obtaine the same in his dayes for that hee was slaine in a Battell against King Henry the sixt at Wakefield yet his Sonne Edward got the same and was called by the name of King Edward the fourth This King at his death left divers children as namely two Sonnes Edward the fift and his Brother who after were both murdered in the Tower as shall be shewed and also five Daughters to wit Elizabeth Cicily Anne Katherine and Briget Whereof the first was married to Henry the seventh The last became a Nunne and the other three were bestowed upon divers other husbands Hee had al●o two Brothers the first was called George Duke of ●larence who afterward upon his deserts as is to be supposed was put to death in Callis by commandement of the King and his attainder allowed by Parliam●nt And this man left behinde him a Sonne named Edward Earle of Warwick put to death afterward without issue by King Henry the seventh and a Daughter named Margaret Countess● of ●alis●ury who was married to a meane Gentleman named Richar● Poole by whom she had issue Cardinall Poole that died without marriage and Henry Poole that was attainted and executed ●n King Henry the eight his time as also her selfe was and this Henry Poole left a Daughter married afterward to the Earle of Huntington by whom this Earle that now is maketh title to the Crowne And this is the effect of my Lord of Huntingtons title The second Brother of King Edward the fourth was Richard Duke of G●ocester who after the Kings death caused his two Sonnes to be murdered in the Tower and tooke the Kingdome to himselfe And afterward he being slaine by King Henry the seventh at Bos●●orth-field left no issue behind him Wherefore King Henry the seventh descending as hath bin shewed of the House of Lancaster by John of Gaunts last Sonne and third Wife and taking to Wife Lady ●lizabeth eldest daughter of King Edward the fourth of the House of Yorke joyned most happily the two Families together and made an end of all controversies about the title Now King Henry the seventh had issue three Children of whom remaineth posterity First Henry the eighth of whom is descended our Soveraigne her Majesty that now happily raigneth and is the last that remaineth alive of that first Line Secondly he had two Daughters whereof the first named Margaret was married twice first to James King of Scotland from whom are directly discended the Queene of Scotland that now liveth and her Sonne and
King James being dead Margaret was married againe to Archihald Douglas Earle of Anguish by whom shee had a Daughter named Margaret which was married afterward to Mathew Steward Earle of Len●x whose Sonne Charles Steward was married to Elizab●th Candish Daughter to the present Countesse of Shrewsbury and by her hath left his onely Heire a little Daughter named Arbella of whom you have heard some speech before And this is touching the Line of Scotland descending from the first and eldest Daughter of King Henry the seventh The second Daughter of King Henry the seventh called Mary was twice married also first to the King of France by whom she had no issue and after his death to Charles Brandon Duke of Suffolke by whom she had two Daughters that is Francis of which the Children of my Lord of Hartford do make their claime and Elenor by whom the issue of the Earle of Darby pretendeth right as shall be declared For that Francis the first Daughter of Charles Brando4 by the Queene of France was married to the Marquesse of Dorset who after Charles Brandons death was made Duke of Suffolke in right of his W●fe and was beheaded in Queene Maries time for his conspiracy with my Lord of Leycesters Father And she had by this man three Daughters that is Jane that was married to my Lord of Leycesters Brother and proclaimed Queene after King Edwards death for which both shee and her husband were executed Katherine the second D●ughter who had two Sonnes yet living by the Earle of Hartford and M●ry the third D●ugter which left no Children The other Daughter of Cha●l●s Brandon by the Queene of France called Elenor was married to Georg● Cliff●rd Earle of Cumberland who left a Daughter by her named Ma●g●re● married to the Earle of Darby which yet liveth and hath issue And this is the title of the H●use of Suffolke descended from the second Daughter of K. Henry the seventh married as hath been shewed to Charles Brandon Duke of Suffolke And by this you may see also how many there be who do thinke their titles to be far before that of my Lord of Huntington● if either r●ght l●w reason or co●sideration of home affaires may take place in our Realm or if not yet you cannot but imagine how many great Princes and Potentat●s abroad are like to joyne and buckle with Hunting●ons Line for the preeminence ●f once the matter fall againe to contention by excluding the Line of King Henry the seventh which God forbid Truly Sir quoth I I well perceive that my Lords turne is not so nigh as I had thought whether he exclude the Line of King Henry or no● for if he exclude th●t then must he enter the Combat with forraine titlers of the House of Lancaster and if he ●xclude it not then in all apparance of reason and in Law to as you have said the succession of the two D●ughters of King Hen●y the seventh whi●h you dist●ngu●sh by the two names of Scotland and Suffolke must needs bee as clearely before him and his L●ne that decended only from Edward the fourth his Brother as the Queenes title that new reigneth is before him For th●●●oth Scotland Suffolke and her Majesty do hold all by one found●tion which is the union of both Houses and Titles together in King Henry the seventh her Majesties Grandfather That is true quoth the Gentleman and eviden● enough in every mans eye and therefore no doubt but as ●hat much is meant ●g●inst h●r Majesty if oc4●sion serve ●s against th● rest th●t hold by the same ●itle Albeit her M●iesti4s state the Lord be praised be such at thi● 〈◊〉 as it is not saf●y to pretend so much against h●r as against the rest whatsoever be meant And that in ●ruth more should be ment ag●inst her h●ghnes the● ag●inst all ●he rest there is this rea●on for t●at her Majesty by h●r present possession letteth more their desires then all the rest ●ogether with their future pretences But as I have said it is not safety for them nor yet good p●l●cy to declare openly what they meane a●ainst her Majesty It is the best way for the p●esent to ●hew downe the rest and to leave her Majesty for the last ●low and upshot to their g●me For which c●use they will ●eeme to make great difference at this day betweene her Majesties title and the rest that descend in likewise from King Henr● the seventh avowing the one and disallow●ng the other Albeit my Lord of Leicesters Father preferred that of Suffolke when 〈◊〉 was before this of her M●j●sty and co●pelle● the wh●le Realme to sweare thereunto Such is th● variable policy of men that serve the time or rather that serve themselves of all times for their purposes I remember quoth I that time of ●he Duke and was present my selfe at some of his Proclamations for that purpose wherein my Lord his Sonne that now liveth ●eing then a doer as I can tell he was I marvile how he can deale so contrary now preferring not onely her Majesties title b●fore that of Suffolk whereof I wonder less● because it is more gainfull to him but also another much further of Bu● you have signified the cause in that the times are change● and other bargaines are in hand of more importance for him Wherefo●e leaving this to be considered by others whom it concerneth I beseech you Sir for that I know your worship hath beeene much conversant among their frien●s and favourers to tell me what are the barres and lets which they doe alledge why the house of Sco●land and Suffolk descend●d of king Henry the seventh his daughters should not succeed in the Crowne of England after her Majesty who ended the line of the same king by his son for in my sight the matter appeareth v●ry plaine They want not pretences of barres and lets against them all quoth the Gentleman which I will l●y downe in order as I have heard them alledged First in the line of Scotland there are three persons as you know that may pretend right that is the Queen and her son by the first marriage of Margaret and Arbella by the second And against the first marriage I heare nothing affirmed but against the two persons proceeding thereof I heare them alledge three stops one for that they are strangers born out of the land cons●quently incap●ble of inheritance within the same another for that by a speci●l testament of king H. 8. authorised by 2. severall p●rliam th●y are excluded 3 for that they are enemies to the religion now among us therefore to be debarred Against the second marriage of Ma●g●ret with A●chibald Douglas wh●●eof A●bella is descended they alledge that the said Archibald had a former wife at the time of that marriage which lived long after and so neither that marriage lawfull nor the issue therof legitimate The same barre they have
Majesty b●●his statute Gentleman The hastning of the Conspiratours Schollar The Watch-word or the Conspiratours Lawyer Schollar Are you ●atled A great mistery Lawyer Assemblies at Communions Strangers within the Land The perill of our Countrey if Huntingtons claime take place Gentleman The Red Rose ●he White The misery of England by the contention betweene Yorke and Lan●aster Guelphians and Gibil●ne● Edward Plantaginet Earle of Warwick The Battell by Ta●●●ster on P●lme Sunday An. 1460. The danger of Huntingtons claime to the Re●lme and to her Majesty Lawyer How Huntington maketh hi● tit●e before h●r Majesty * The most of Hu●tingtons Ancest●●s by who● hee make●h ●i●le a●tain●ed of Treason The f●mous device ●f king Richard the third ●●lowed by Hu●tington Anno 1. Mariae A point to be no●ed by her Majesty The joyning of both houses The Line of Portug●ll The old estimation of the House of Lancaster Henry Earle of Richmond The Line of Portugall Scholar The sword of grea● f●rce ●o ju●tifie the title of a kingdome Great dangers The beginning of the controve●sie betwixt York and Lancaster Edmond Crook-back beginner of the House of Lancaster Blanch. Iohn of Gaunt How the Kingdome was first brought to the House of Lancaster The issue of Iohn of Gaunt The pedegree of king Henry the seventh The two Daughters married to Portugall and Castile Forraine titles The issue of king Edwar● th● 3. Two Edmonds the two beginner● of the two Houses of Lancaste● and Yorke The claime and title of Yorke The issue of king Ed●ard the fourth The Duke of Clarence attainted by Parliament Huntington● title by the Duke of Clarence King Richard the third The happy conjunction of the two Houses The issue of King Henry the seventh The Line and Title of Scotland by Margaret eldest Daughter to King Henry●he ●he 7. Arb●●●● The Line and Title of Suffolke by Mary second daughter to King ●enry the 7. The issue of Francis eldest Daughter to Charles Brandon Duke of Suffolke The issue of Francis eldest daughter to Charles Brandon Duke of Suffolk The issue of Elenor second daughter to Charles Brandon Scholar Huntington bebehind many other titles Gentleman The policy of the conspiratours for the deceiving of her Maiesty Scholar Leycesters variability Gentleman Barres pretended against the cla●m of Scotland and Suffolke Against the Queen of Scotland and her sonne Against Arbella Against Darby Against the children of Hartford Scholar Leycesters dealing with the house of Suffolk Gentleman Bastardy Forraine bi●th Lawye● Bastardie la●●●l stops The impediments against Scotland three in number A protestation Touching the first impediment of fo●raine birth An Alien may purchase The true Maxima against Alien● The statute of King Edward whence the Maxima is gathered Reasons why the Scottish title is not letted by the Maxima against Aliens The first reason The rule of thirds Tenant by courtesie Division among daughters Executor● The 2 reason The Crowne no such inher●tance as is meant in the statute The Crowne a corporation The ● reason The Kings issue excepted by name Liberorum F. de verb. sign The fourth reason The Kings meaning The matches of England with foraigners The fift reason Examples of forainers admited Flores hist. Anno 1066. Pol. lib. 15. Flor. hist. 1208. K. Iohn a tyrant The 6. reason The iudgement and sentence of K. Henry the seventh The 7. reason The Queene of Scots and her son no Aliens The second impediment against the Q of Scots her son which is K. Henry the ● his testament Forain birth no impediment in the ●udgement of K. Henry the ● The succession of Scotland next by the iudgement of the competitors Gentleman Lawyer The Duke of Northumberland● drift Gentleman The mutable dealing of the house of Dudley Lawyer The authority and occasion of King Henries testament The King● Testament forged The first reason Injustice and improprobabilit● The example of France The second reason Incongruities and indignities Adrian Stokes The third reason The presupposed Will is not authenticall The disproving of the Wil by witnesses The Lo●d Paget Sir Edw. Montague William Cla●ke A meeting together about this matter of the Nobility M● Lord of L●●●est againe pl●y●● double The old Earle of Penbrooks admonition to the Earl his son yet living The thi●d impediment of religion Princes of Germany Qu. Mary Queen Elizabeth * The Dudleis Monsieur King of Navarre Prince of Condy. My Lord of Huntingtons re●igion The title of those that ensue the Queene of Scots Schollar The yong King of Scotland Gentl. The device to set out her Majesty with the young King of Scotland The intolerable pr●ceedings of c●rt●i●●inist●rs in S●otl●nd a●ainst t●eir ●i●g ● subornation of his enemies in Engla●● Schollar Sir Patri●k Ad●m on Archbish. of St. Andrewes Gentl. Treasons plotted against the King of Scots Leycesters cunning device for overthrowing the D. of Norf. The impudency of Iudas T●e speeches of Leycester ●o the Duke of Norf. Leycest cousen●ge of t●e Queene The Duke of Norf. flying into Norfolke Machivilian slights Leycesters devices for the overthrow of Sir Christopher Hatton Leycesters devices against the Earle of Shrewsbury Leyceste●s cont●mpt of the ancient Nobility of England Lawyer New men most contemptuous D. Dudlies jest at the Earle of Arundell Gentl. The oft abiect beha●iour of Duke Dudley in adverse fortunes Schollar Leycesters base behaviour in adversitie Leyc●ste●s deceiving of Sir Chr●stopher Hatton A pretie shift of my Lord of Leycester Her Maiesties speech of Leycest●r to the T●e●su●e● Gentl. The danger of her Majesty by oppression of the favourers of the Scottish title A Similie true Earle of Leycester Earle of Huntington The old Countesse of Huntingtons speech of h●r sonne Lawyer Nea●enesse in competitors doth incite th●m to adventure Henr. Bullingb●ook after King H. the 4 Richard Duke of Gloucester after King Richard the third The great wi●edome of her Majesty in conserving the next heires of Scotland The K. of Scotlands d●struction of more importance to the conspirators then his mothers The Earle of Salisbury dis●rac●d by the competitors Gentl. T●e vigilant eye that her Maiesties 〈◊〉 h●d to the ●olat●rall li●e Persons executed of the h●use of Cla●ēce The example of Iulius Caesa●s destruction Too much confidence verie perillous in a Prince The example of Alexander the g●eat bow hee was foretold his danger Schollar L●te executions Gentl. Fraud to be feared in pursuing one part or faction only The comparison of Wolves and Rebels Richard Duke of Yorke D. Dudly A good rule of policy The speech of a certain Lady of the Court. More moderation wished in matters of faction The speech of a Courtier The perill of divisions factions in a Commonwealth The dangerous sequel of dissention in our Realme Gentl. Examples of tolleration in matters of religion Germany The breach reunion again in France Flanders Moderation impugned by the conspira Cicero Cateline The Conspirators opportunitie Leycester to be called to account The death K Philip of Macedonie and cause there of Paus●●ias Kings of England ove●t●r●wn by too much favouring of some particular men K. Edw. 2 K R●ch 2. K. Henr. 6. Pol. lib. 23 hist. Angl. Lawyer The punishment of William Duke of Suffolk The punishment of Edmond Dudley Gentl. The causes why Princes are chosen and do receive obedience Leycesters Thefts Leycesters murthers A heap of Leycesters enormities that would be ready at the day of his triall Schollar Her Maiesties tender heart towards the ●ealme Gentl. L●ycest●rs d●sire that men should thnike ●er Maiesty to stand in f●are of him Cicero in Officio A rule of Machivell observed by the Dudlies Leycester strong onely by her Maiesties favour An offer made for taking and tying the Beare Leicester what hee receiveth from his ancestors The comparison of Leycester with his father The weaknesse 〈◊〉 Leyces●●r if ●er Maj●sty turne but her counte●●ce from him Lawyer The end and departure from the Gallerie The wicked mans pomp His joy His pride His fall His children His old age His bread His restitution His punishment His wickednesse His griefe His affliction His damnation His posterity
they not all at this day at his disposition are they not all by his procurement in the onely hands of his friends and allyes or of such as by other matches have the same complot and purpose with him In Yorke is president the man that of all other is fittest for that place that is his nearest in affinity his dearest in friendship the head of his faction and open competitor of the Scepter In Barwicke is a Captaine his wives uncle most assured to himselfe and Huntington as one who at convenient time may as much advance their designements as any one man in England In Wales the chiefe authority from the Prince is in his owne brother i● law but among the people of naturall affection is in the Earle of Pembrooke who both by marriage of his sisters daughter is made his ally and by dependance is knowne to be wholly at his disposition The West part of England is under Bedford a man wholly devoted to his and the Puritans faction In Ireland was governour of late the principal instrument appointed for their purposes both in respect of his heat and affection toward their designements as also of some secret discontentment which he hath towards her Majesty and the state present for certaine har● speeches and ingrate recompences as he pretendeth but indeed for that he is knowne to bee of nature fyrie and impatient of stay from seeing that Commonwealth on foot which the next competitours for their gaine have painted out to him and such others more pleasant then the Terrestriall Paradise it selfe This then is the Hector this is the Ajax appointed for the enterprise when the time shall come This must be forsooth another R●c●ard of Warwicke to gaine the Crowne for Henry the ninth of the House of Yorke as the other Richard did put downe Henry the sixt of the House of Lancaster and placed Edward the fourth from whom Huntington deriveth his title therefore this man is necessarily to be entertained from time to time as we see now he is in some charge and martiall action to the end his experience power and credit may grow the more and he be able at the time to have souldiers at his commandment And for the former charge which held of late in Ireland as this man had not beene called away but for execution of some other secret purpose for advancement of their designements so bee well assured that for the time to come it is to bee furnished againe with a sure and fast friend to L●ycester and to that faction In the I le of Wight I grant that Leycester hath lost a great friend and a trusty servant ●y the death of Captaine H●rs●y but ye● the matter is supplied by the succession of another no lesse assured unto him then the former or rather more through the band of affinity by his wife The two Ilands of Gersey and Gernsey are in the possession of two friends and most obliged dependents The one by reason he is exceedingly addicted to the Puritan proceedings the other as now being joyned unto him by the marriage of mistris B●sse his wives sister both daughters to Sir Francis or at least to my Lady Knooles and so become a rivall companion and brother who was before though trusty yet but his servant And these are the chiefe Keyes Fortresses and Bulwarkes within without and about the Realm which my Lord of Leycester possessing as hee doth hee may be assured of the body within where notwithstanding as hath beene shewed he wanteth no due preparation for strength having at his disposition besides all aydes and other helpes specified before her Majesties horse and stables by interest of his owne office her Armour Artillery and Munition by the office of his brother the Earle of Warwicke The Tower of London and treasure therein by the dependence of Sir Owin Hopton his sworne servant as ready to rescue and furnish him with the whole if occasion served as one of his predecessours was to receive his Father in King Edwards day●s for the like effect against her Majesty and her Sister And in the City of London it selfe what this man at a pinch could doe by the helpe of some of the principall men and chiefe Leaders and as it were Commanders of ●he Commons there and by the bestirring of Flee●wood his madde Recorder and other such his instruments as also in all other Townes Ports and Cities of importance by such of his owne setting up as hee hath placed there to serve his designements and Justices of peace with other that in most Shires doe weare his livery and are at his appointment the simplest man within the Realme doth consider Whereunto if you 〈◊〉 now his owne forces and furniture which hee h●th in Killingworth Castle and o●he● places as also the forces of Huntington in particular w●th their friends followers allies and comparten●rs you shall finde that they are not behi●de in their preparations For my Lord of Hunting●ons forwardnesse in the cause said I there is no man I thinke which maketh doubt m●r●y for ●is private forces albeit they may be very goo● for any thi●g I ●oe know to the contrary especially at his house within five and twenty miles of Killingworth where one told mee som● yeares past tha● he had furniture ready for five thousand men y●t do ● not think but they are far●●●●f●riour to my Lord of Leycester who is t●ken to have exc●ssive store and that in divers plac●s And as for th● Castle last mentioned by you there are men of good intelligence and of no small judgement who ●eport that in the same he hath to furnish ten thousand good souldiers of all things nec●ssa●y both for horse and man besides all other mu●ition armour and artillery whereof great store was brought thither under pretence of triumph w●en her M●jesty was there and never as yet carried backe againe and besides the great abund●nce of ready coyne there as is said sufficient for any g●eat exploit to bee done within the Realme And I know th●t the estimation of this place was such among divers many yeares agoe as when at a time her M●jesty l●y dangerously sick and like to dye at Hampton Court a certaine Gentleman of the Court came unto my Lord of Huntington and told him that for so much as he tooke his Lord to be next in succession after her M●jesty hee would offer him a meane of great helpe for compassing of his purpose after the decease of her Maje●●y which was the possession of Killingworth Castle for at that time these two Earles were not yet very friends nor confederate together and that being had he shewed to the Earle the great furniture and wealth which the●eby he should possesse for pursuit of his purpose The prop●si●ion was well liked and the matter esteemed of great importance and consequently received wi●h many thankes But yet afterward her Majesty by
desired peace which ever since wee have enjoyed by the raigne of their two most noble issue so the plot that now is in hand for the cutting off the residue of that issue and for recalling backe of the whole Title to the House of Yorke againe is like to plung us deeper then ever in civile discord and to make us the bait of all forraine Princes seeing there be among them at this day some of no small power as I have said who pretend to bee the next heires by the House of Lancaster and consequently are not like to give over or abandon their owne right if once the doore bee opened to contention for the same by disanulling the Line of King Henry the seventh wherein onely the keyes of all concord remaine knit together And albeit I know well that such as be of my Lord of Huntingtons party will make small accompt of the Title 〈◊〉 Lancaste● as lesse rightfull a great deale then that of Yorke and I for my part meane not greatly to avow the same as now it is placed being my selfe no favourer of forraine Titles yet indifferent men have to consider how it was taken in times past and how it may againe in time to come if contention should arise how many Noble personages of our Realme did offer themselves to die in defence thereof how many Oaths and Lawes were given and received throughout the Realme for maintenance of the same against the other House of Yorke for ever how many worthy Kings were crowned and raigned of that House and Race to wit the foure most Noble Henries one after another the fourth the fift the sixt and the seventh who both in number government sanctity courage and feats of armes were nothing inferiour if not superiour to those of the other House and Line of Yorke after the division betweene the Families It is to bee considered also as a speciall signe of the favour and affection of our whole Nation unto that Family that Henry Earle of Richmond though discending but of the last Sonne and third Wife of John of Gaunt Duke of Lancaster was so respected for that onely by the universall Realme as they inclined wholly to call him from banishment and to make him King with the deposition of Richard which then ruled of the House of Yorke upon condition onely that the said Henry should take to Wife a Daughter of the contrary Family so great was in those dayes the affection of English hearts towards the Line of Lancaster for the great worthinesse of such Kings as had raigned of that Race how good or bad soever their Title were which I stand not here at this time to discusse but onely to insinuate what party the same found in our Realme in times past and consequently how extreame dangerous the contention for the same may be hereafter especially seeing that at this day the remainder of that Title is pretended to rest wholly in a stranger whose power is very great Which we Lawyers are wont to esteeme as a point of no sma●l importance for justifying of any mans title ●o a Kingdome You Lawyers want not reason in that Sir quoth I howsoever you want right for if you will examine the succession of governements from the beginning of the W●rld untill this day either among Gentile Jew or Christian people you shall finde that the sword ha●h ●eene alwayes b●tter th●n halfe the title to get est●bli●h or mainta●ne a Kingdome which maketh 〈◊〉 ●h●●ore apalled to heare you discourse in such sort of new contentions and forraine titles accompanied w●th such power and strength of the titlers which cannot bee but infinitely dangerous and fatall to our Realme if once it come to act●on both for the division th●t is like to be at home and the variety of part●es from ab●oad For as the Prince who● you signifie will not faile by all likelyhood to pursue his title with all forces that hee can make if occasion were offered so reason of state and policy will enforce other Princes adjoyning to let and hinder him therein what they can and so by this meanes sh●ll we become Juda and Isr●el among our selves one killing and vexing the oth●r with the sword and to forraine Princes we shall be as the Iland of Salamina was in old time to the Athenians and Megatians and as the Iland of Cicilia was afterward to the Grecians Carthaginians and Romans and as in our dayes the Kingdome of Naples hath beene to the Spaniards French-men Germans and Venetians That is a bait to feed upon and a game to fight for Wherefore I beseech the Lord to avert from us all occasions of such miseries And I pray you Sir for that wee are fallen into the mention of these matters to take so much paines as to open unto me the ground of these controversies so long now quiet betweene Yorke and Lancaster seeing they are now like to bee raised againe For albeit in generall I have heard much thereof yet in particular I either conceive not or remember not the foundation of the same and much lesse th● state of their severall titles at this day for that it is a study not properly pertaining unto my profession The controversie betweene the Houses of Yorke and Lancaster quoth the Lawyer took his actuall beginning in the issue of King Edward the third who died somewhat more then two hundred yeares agone but the occasion pretence or cause of that quarrell began in the children of King Henry the third who died an hundred yeares before that and left two Sonnes Edward who was King after him by the name of Edward the first and was Grandfather to Edward the third and Edmond for his deformity called Crookebacke Earle of Lancaster and beginner of that House whose inheritance afterward in the fourth discent fell upon a Daughter named Blanch who was married to the fourth Son of King Edward the third named John of Gaunt for that he was borne in the City of Gaunt in Flanders and so by this his first wife hee became Duke of Lancaster and heire of that House And for that his Son Henry of Bolingbrooke afterward called King Henry the fourth pretended among other things that Edmond Crookeback great Grandfather to Blanch his mother was the elder Sonne of King Henry the third and unjustly put by the inheritance of the Crowne for that he was Crook-backed and deformed hee tooke by force the Kingdome from Richard the second Nephew to King Edward the third by his first Sonne and placed the same in the House of Lancaster where it remained for three whole discents untill afterward Edward Duke of Yorke descended of Iohn of Gaunts yonger brother making claime to the Crowne by title of his Grandmother that was heire to Lionel Duke of Clarence Iohn of Gaunts elder Brother tooke the same by force from Henry the sixt of the House of Lancaster and brought it backe againe to the
against all the house and Line of Suffolke for first they say that Charl●s B●andon Duke of Suffolke had a knowen wife alive w●en he married Mary Queen of France and consequently that neither the Lady Frances nor Elenor borne of that marriage can be lawfully borne And this is all I can hea●e them say against the succession of the Coun●esse of Darby descended of Elenor. But against my Lord of Hartfords ch●ldren ●hat came from Fran●es the eldest daughter I heare them alledge two or three bastardies more besides this of the first marriage For first they affirme that Henry Marquesse Dorset when hee married the Lady Frances had to wife the old Earl of Arundels sister who lived both then and many yeares after and had a provision out of his living to her dying day· wherby that marriage could no way be good Secondly that the lady Katherine daughter to the said Lady Frances by the Marques by whom the Earl of Hartford had his children was lawfully married to the Earle of Pembroke that now liveth and consequently could have no lawfull issue by any other during his life 3ly that the said Katherine wa● never lawfully married to the said Earl Hartford but bare him those children as his Concubine which ●s they say is defined and registred in the Archb. of Canterburies court upon due examination taken by order of her Majesty that now reigneth and this is in effect so mu●h as I have heard them all aledge about their affars It is much quoth I that you have said if it may be all proved Marry yet by the way I cannot but smile to heare my Lord of Ley●ester allow of so many bastardies now upon the issue of Lady Frances whom in time past when Iane her eldest daughter was married to his brother he advanced in legitimation before both the daughters of king Henry the eight But to the purpose I would gladly know what grounds of verity these allegations have and how far in truth they may stoppe from inheritance for in deed I never heard them so distinctly alledged before Whereto answe●ed the Gentleman that our friend th● L●wy●r could best reso●ve that if it pleased h●m to sp●ake without his fee though in some points alledged every other man quoth he that knoweth the state and common government of England may easily give his judgement also And i● the case of bastardy if the matter may be proved there is no d●fficulty but that no right to inheritance can justly bee pretended as also perhaps in the case of forraine birth though in this I am not so cunning but yet I see by experience that forrainers borne in other lands can hardly come and claime inheritance in England albeit to the contrary I have heard great and long disp●tes but such as indeed passed ●y capacity And if it might please our friend here present to expound the thing unto us more clearly I for my part would gladly bestow the hearing and that with attention To this answered the Lawyer I will gl●dly si● tell you my minde in any thing that it shall please you demand and much more in this matter wherein by occasion of often conference I am somewhat perfect The imped●ments which these men alledge against the succession of king Henry the 8. his sisters are of two kinds as you see The one knowne and allowed in our law as you have well said if it may be proved and that is bastardy whereby they seek to disable all the whole Line and race of Suffolke as also Arbella of the second and later house of Scotland Whereof it is to small purp●se to speak any thing here seeing the whole controversie standeth upon a matter of fact onely to be proved or improved by records and witnesses Onely this I will say that some of these bastardies before named are rife in many mens mouthes and avowed by divers that yet live but let other men looke to this who have most interest therein and may be most damnified by them if they fall out true The other impediments which are alledged onely against the Q●eene of Scots and her 〈◊〉 are in number three ●s you recite them th●● is forraine birth king Henries testament and Religion whereof ● am content to say somewhat seeing you desire it albeit there be so much published already in bookes of divers languages beyond the sea as I am informed concerning this matter as more cannot be said But y●t so much as I have heard passe among Lawyers my betters in conference of these affaires I will not let to recite unto you with this proviso and protestation alwayes that what I speake I speak by way of recitall of other mens opinions not meaning my selfe to incurre the statute of affirming or avowing any persons title to the crown whatsoever First then touching forraine birth there bee some men in the world that will say that it is a common and generall rule of our law that no stranger at al may inherit any thing by any means within the Land which in truth I take to be spoken without ground in that generall sense For I could never yet come to the sight of any such common or universall rule and I know that divers examples may be alledged in sundry cases to the contrary and by that which is expresly set downe in the seventh 〈◊〉 ninth years of king Ed. the 4. and in the ●l●venth ●nd fourteenth of Hen. th● 4. it appear●●h plain●y that ● stranger m●y ●urchase lands in England as also ●●herit by h●s wife if he marry an inheritrix Wherefore this common rule 〈◊〉 to bee restra●ne● from that generality unto proper inheritance only ●n which sense I do easily grant that our common Law hath been of ancient and is at this day that no person born out of the ●lleg●ance of the king of England whose father m●th●r were not of the same allegiance at the time of his birth shall be able to have or d●ma●d any heritage within the same allegiance as heire to any person And this rule of our common L●w is gathered in these s●lf same words of a statute made in the 25. year of king Ed. the third which indeed is the onely place of effect that can be alledged out of our law against the inheritance of strangers in such sense and cases as we ●re now to treat of And albeit now the commo● Law of our Country do runne thus in generall yet will the● friends of the Scottish claime affirme that hereby that title is nothing let or hindred at all tow●rds the Crowne and that for divers manifest and weighty reasons whereof the princip●ll are these which ensue First it is common and a generall rule of our English lawes that no rule Ax●ome or M●xima of law be it ●ever so generall can touch or bind the Crown except expresse mention bee made thereof in the same for that the
at his his companions han●s when she on●ly shall be the obstacle of all their unbridled and impatient de●res Cleare it is quoth the Lawyer that the nearenesse of aspirors to the ●●owne endangereth greatly the present possessors as you have well proved by reason and I could shew by divers examples if it were need For when Henrie Bullingbrooke Duke of Lancaster saw not onely Richard the second to be without issue but also Roger Mortimer Earle of March that should have succeded in the Crowne to bee slaine in Ireland though before as is thought he meant not to usurpe yet seeing the possibility and neare cut that he had was inuited therewith to lay hands of his Soveraignes blond and dignity as he did The like is thought of Richard Duke of Glocester that he n●ver meant the murther of his nephewes untill he saw their father dead and themselves in his owne hands his brother also Duke of Clarence dispatched and his onely sonne and heire ●arle of Warwick within his owne power Wherefore seeing that it hath not pleased Almighty God for causes to himselfe best known to leave unto this noble Realm any issue by her most excellent Maiestie it hath been a poynt of great wisedome in mine opinion and of great safety to her Highnes person state dignity to preserve hitherto the line of the next Inheritors by the house of Scotland I meane both the mother and the sonne whose deaths hath been so diligently sought by the other Competitors and had beene long ere this atchieved if her Majesties owne wisedome and royall clemency as is thought had not placed speciall eye upon the conservation thereof from time to time Which Princely providence so long as it shal● endure must needs be a great safety and fortres● to her Majesty not onely against the claimes aides or annoyance of forraine Princes wh● wil not be so forward to advance strange titles while so manifest heires remain at home nor ye● so willing in respect of policy to ●elpe tha● line to possession of the whole Island but also against practices of domesticall aspirers as yo● have shewed in whose affairs no doubt but these two branches of Sc●tland are great b●ocks as also speciall bulwarks to her Majesties life and person seeing as you say these copartners make so little account of the other of that line who should ensue by order of succession Marry yet of the two I thinke the youth of Scotland be of much more importance for their purpose to bee made away both for that hee may have issue and is like in time to be of more ability for defence of his owne inheritance as also for that he being once dispatched his mother should soone ensue by one slight or other which they would devise unwitting to her Majesty albeit I must needes confesse that her Highnesse hath used most singular prudence for prevention thereof in placing her restraint with so noble strong and worthy a Peere of our Realme as the Earle of Shrewsburie is whose fidelity and constancy being nothing plyable to the others faction giveth them little contentation And for that cause the world seeth how many sundry and divers devices they have used and do use dayly to slander and disgrace him and thereby to pull from him his charge committed To this the Gentleman answered nothing at all but stood st●ll musing with himselfe as though hee had conceived some deep matter in his head ● and after a little pause he began to say as followeth I cannot truly but much marvaile when I do compare some things of this time and government with the doings of form●r Princes Progenitors to her Majesty Namely of Henrie the 7. and Henrie the 8. who had so vigilant an eye to the laterall line of King Edward the 4. by his brother of Clarence as they thought it necessary not only to prevent all evident dangers that might ensue that way but even the possibilities of all perill as may well appear by the execution of Ed. Earl of Warwick before named Son and heire to the said Duke of Clarence and of Ma●ga●et his sister Countesse of Salisbury with the Lord Henry Montague her sonne by whose Dau●hter the Earle of Huntington now claimeth All which were executed for avoyding of inconveniencies and that at such times when no imminent danger could be much doubted by that Line especially by the latter And yet now when one of the same house and Line of more ability and ambition than ever any of his Ancestors were maketh open title and claime to the Crowne with plots packs and preparations to most manifest usurpation against all order all law and all rightful succession and against a special statute provided in that behalfe yet is he permitted bo●ne out favoured and friended therein and no man so hardy as in defe●c●●f her Majestie and the Realme to contr●●le hi● for the same It may be that her Majestie is brought into the same o●inion of my Lord of Huntingtons fidelity as Iulius Caesar was of Marcus Brutus his dearest obliged friend of whose ambitious practises and aspiring when Caesar was advertised by his carefull friends he an●wered that hee well knew Brutus to be ambitious but I am sure quoth he that my Brutu● will never attempt any thing for the Empire while Caesar liveth ●nd after my death let him shift for the same among others a● he can But what ensued Surely I am loath to tell the event for ominations sake but yet all the world knoweth that ere many moneths passed this most noble and ●lement Emperour was pittifully murthered ●y the same Brutus and his partners in the publique Senate when least of all he expected such treason So dangerous a thing it is to be secure in a matter of so great sequell or to trust them with a mans life who may pretend preferment or interest by his death Wherefore would God her Majestie in this case might be induced to have such due care and regard of her own estate and royall person as the weighty moment of the matter requireth which containeth the blisse and calamity of so noble and worthy a kingdome as this I know right well that most excellent natures are alwayes furthest off from diffidence in such people as proves love and are most bounden by dutie and so it is evident in her Maiestie But yet surely this confidence so commendable in other men is scarce allowable oftentimes in the person of a Prince for that it goeth accompanyed with so great perill as is inevitable to him that will not suspect principally when dangers are foretold or presaged as commonly by Gods appoyntment they are f●r the speciall hand he holdeth over Princes affaires or when there is probable conjecture or just surmise of the same We know that the forenamed Emperor Caesar had not onely the warning given him of the inclination and intent of Brutus to usurpation but even the very day when