the great and Royal Houses of Burgundy and Orleans whereby all three Commonwealths I mean England Britany and France were like to have come to destruction and utter desolation And for that it may serve much to our purpose hereafter to understand well this controversie of Britany I think it not amiss in few words to declare the same in this place Thus then it happened The foresaid Arthur the second of that name Duke of Britanie and Son of Lady Beatrix that was Daughter as hath been said to King Henry the III. of England had two Wives the first named Beatrix as his Mother was and by this he had two Sons John that succeeded him in the State by the name of Duke John the III. and Guye that dying before his elder Brother left a Daughter and Heir named Joan and surnamed the lame for that she halted who was married to the Earl of Bloys that was Nephew to Phillip of Valois King of France for that he was born of his Sister But besides the two Children the said Duke Arthur had by his second Wife named Joland Countess and Heir of the Earldom of Monford another Son called John Breno who in the right of his Mother was Earl of Monford And afterward when Duke John the III. came to die without Issue the question was who should succeed him in his Dukedom the Uncle or the Neece that is to say his third Brother John Breno by half bloud or else his Neece Joan the lame that was Daughter and Heir to his second Brother Guye of whole bloud that is by Father and Mother which Lady Joan was married to the Earl of Bloys as hath been said And first this matter was handled in the Parliament of Paris the King himself sitting in Judgment with all his Peers the 30 day of September 1341 and adjudged it to the Earl of Bloys both for that his Wife was Heir to the elder Brother as also for that Duke John by his Testiment and consent of the States had appointed her to be his Heir but yet King Edward the III. and States of England did Judge it otherwise and preferred John Monford not knowing that the very case was to fall out very soon after in England I mean they Judged the State to John Breno Earl of Monford younger Brother to Guy and they assisted him and his Son after him with all their Forces for the gaining and holding of that State And albeit at the beginning it seemed that matters went against Monford for that himself was taken prisoner in Nantes and carried captive to Paris where he died in prison yet his Son John by the assistance of the English Armies got the Dukedome afterward and slew the Earl of Bloys and was peaceably Duke of Britanie by the name of John the IV. and his posterity hath endured until this day as briefly here I will declare This Duke John the IV. of the House of Monford had Issue John the V. and he Francis the first who dying without Issue left the Dukedom to Peter his Brother and Peter having no Children neither he left it to his Uncle Arthur the III Brother to his Father John the V. and this Arthur was Earl of Richmond in England as some of his ancestors had been before him by gifts of the Kings of England This Arthur dying without Issue left the Dukedom unto his Nephew to wit his Brothers Son Francis the II. who was the last male Child of that race and was he that had once determined to have delivered Henry Earl of Richmond unto his enemy King Edward the IV. and after him to King Richard the III. but that Henry's good fortune reserved him to come to be King of England This Duke Francis had a Daughter and Heir named Anna married first to Charles the VIII King of France and after his death without Issue to his Successor Lewis the XII by whom she had a Daughter named Claudia that was Heir to Britanie though not to the Crown of France by reason of the Law Salique that holdeth against women in the Kingdom of France but not in Britany and to the end this Dukdome should not be disunited again from the said Crown of France this Daughter Claudia was married to Francis Duke of Angolome Heir apparent to the Crown of France by whom she had Issue Henry that was afterward King of France and was Father to the last King of that Country and to Isabel Mother of the Infanta of Spain and of her Sister the Dutchess of Savoy that now is by which also some do affirm that the said Princess or Infanta of Spain albeit she be barred from the Succession of France by their pretended Law Salique yet is her title manifest to the Dukdome of Britanie that came by a woman as we have shewed and thus much of the House of Britany and of the Princess of Spain how she is of the Bloud Royal of England from the time of William the Conqueror himself by his eldest Daughter as also by other Kings after him and now we shall return to prosecute the Issue of these two Sons of King Henry the III. to wit of Edward and Edmond which before we left I shewed you before how King Henry the III. had two Sons Edward the Prince that was King after his Father by the name of Edward the first and Edmond surnamed Crouchback by some Writers who was the first Earl and County Palatine of Lancaster and beginner of that House And albeit some Writers of our time have affirmed or at least wise much inclined to favour a certain old report that Edmond should be the Elder Brother to Edward and put back only for his deformity of his body whereof Polidor doth speak in the beginning of the Reign of King Henry the IV. and as well the Bishop of Ross as also George Lilly do seem to believe it yet evident it seemeth that it was but a fable as before I have noted and now again shall briefly prove it by these reasons following for that it importeth very much for deciding the controversie between the Houses of Lancaster and York The first reason then is for that all Ancient Historiographers of England and among them Mattheus Westmonasteriensis that lived at the same time do affirm the contrary and do make Edward to be elder then Edmond by six years and two days for that they appoint the Birth of Prince Edward to have been upon the 16. day of June in the year of Christ 1239 and the 24. of the Reign of his Father King Henry and the Birth of Lord Edmond to have followed upon the 18. day of the same month 6 years after to wit in the year of our Lord 1245 and they do name the Godfathers and Godmothers of them both together with the peculiar solemnities and feasts that were celebrated at their several Nativities so as it seemeth there can be no error in this matter The 2d
Stow that he had all mens Good-will and was Crowned as his Brother had been at Kingston by Odo Arch-bishop of Canterbury and Reigned nine years with great good will and praise of all men He dyed at last without Issue and so his Elder Nephew Edwin was admitted to the Crown but yet after four years he was deposed again for his lewd and vitious Life and his younger brother Edgar admitted in his place in the year of Christ 959 This King Edgar that entred by deposition of his Brother was one of the rarest Princes that the World had in his time both for Peace and War Justice Piety and Valour Stow saith he kept a Navy of three thousand and six hundred Ships distributed in divers Parts for defence of the Realm Also that he built and restored 47 Monasteries at his own Charges and did other many such Acts he was Father to King Edward the Martyr and Grandfather to King Edward the Confessor though by two different Wives for by his first Wife named Egilfred he had Edwarâ— after martyrized and by his second Wife Alfred he had Etheldred Father to Edward the Confessor and to the end that Etheldred might Reign his Mother Alfred caused King Edward the son of Egilfred to be slain after King Edgar her Husband was dead After this so shameful Murther of King Edward many good men of the Realm were of opinion not to admit the Succession of Etheldred his half Brother both in respect of the Murther of King Edward his elder Brother committed for his sake as also for that he seemed a man not fit to Govern and of this opinion among others was the Holy man Dunston Archbishop of Canterbury as Polidor saith who at length in flat words denyed to consecrate him but seeing the most part of the Realm bent on Etheldred's side he foretold them that it would repent them after and that in this man's Life the Realm should be destroyed as indeed it was and he ran away to Normandy and left Sweno and his Danes in possession of the Realm though afterwards Sweno being dead he returned again and dyed in London This Etheldred had two Wives the first Ethelgina an English Woman by whom he had Prince Edmund sirnamed Ironside for his great strength and valour who succeeded his Father in the Crown of England for a year and at his death left two Sons which after shall be named and besides this Etheldred had by his first Wife other two Sons Edwin and Adelston and one Daughter named Edgina all which were either slain by the Danes or dyed without issue The second Wife of Etheldred was called Emma Sister to Richard Duke of Normandy who was Grandfather to William the Conquerour to wit Father to Duke Robert that was Father to William so as Emma was great Aunt to this William and she bare unto King Etheldred two Sons the First Edward who was afterwards named King Edward the Confessor Alerud who was slain traiterously by the Earl of Kent as presently we shall shew After the death also of King Etheldred Queen Emma was married to the Dane King Canutus the first of that name sirnamed the Great that was King of England after Etheldred and Edmond Ironside his Son and to him she bare a Son named Hardicaâ—utus who Reigned also in England before King Edward the Confessor Now then to come to our Purpose he that will consider the passing of the Crown of England from the death of Edmond Ironside elder Son of King Etheldred until the possession thereof gotten by William Duke of Normandy to wit for the space of 50 years shall easily see what authority the Commonwealth hath in such Affairs to alter titles of Succession according as publick necessity or utility stall require for thus briefly the matter passed King Etheldred seeing himself too weak for Sweno the King of Danes that was entred the Land fled with his Wife Emma and her two children Edward and Alerud unto her Brother Duke Richard of Normandy and there remained until the death of Sweno and he being dead Etheldred returned into England made a certain Agreement and Division of the Realm between him and Canutus the son of Sweno and so dyed leaving his eldest Son Edmond Ironside to succeed him who soon after dying also left the whole Realm to the said Canutus and that by plain Covenant as Canutus pretended that the Longest Liver should have all whereupon the said Canutus took the two Children of King Edmond Ironside named Edmond and Edward and sent them over into Sweedland which at that time was subject also unto him and caused them to be brought up honourably of which Two the Elder named Edmond dyed without issue but Edward was married and had divers Children as after shall be touched Etheldred and his Son Edmond being dead Canutus the Dane was admitted for King of England by the whole Parliament and Consent of the Realm and Crowned by Alerud Archbishop of Canterbury as Polidor saith and he proved an excellent King went to Rome and was allowed by that See also He did many Works of Charity shewed himself a good Christian and very loving and kind to Englishmen married Queen Emma an Englishwoman and Mother to King Edward the Confessor and had by her a Son named Hardicanutus and so dyed and was much mourned by the English after he had Reigned twenty Years though his entrance and Title was partly by Force and partly by Election as before you heard After this Canutus the First sirnamed the Great for that he was King jointly both of England Norway and Denmark was dead Polidor saith that all the States of the Realm met together at Oxford to consult whom they should make King and at last by the more part of Voices was chosen Herauld the first Son of Canutus by a Concubine by which Election we see injury was done to the Lineal Succession of three Parties first to the Sons of King Edmond Ironside that were in Sweedland then to the Princes of Edward and Alerud Sons to King Etheldred and Brothers to Ironside that were in Normandy and thirdly to Hardicanutus Son to Canutus by his Lawful Wife Emma to whom it was also assured at her Marriage that her Issue should succeed if she had any by Canutus After the death of this Harald who dyed in Oxford where he was elected within three years after his Election there came from Denmark Hardicanutus to claim the Crown that his Father and Brother had possessed before him of whose Coming Polidor saith libentissimis animis accipitur communique omnium consensu Rex dicitur He was received with great good-will of all and by common Consent made King and this was done by the States without any respect had of the Succession of those Princes in Normandy and Swedeland and who by birth were before him as hath been shewed and this is the second breach of Lineal Descent after Etheldred
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
shall now begin to make more particular declaration taking my beginning from the Children of King Edward the third who were the causers of this fatal dissention CHAP. III. Of the succession of English Kings from King Edward the third unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared KIng Edward the third surnamed by the English the Victorious though he had many Children whereof some died without Issue which appertain not to us to treat of yet had he five Sons that left Issue behind them to wit Edward the eldest that was Prince of Wales surnamed the Black Prince Leonel Duke of Clarence which was the second Son John of Gaunt so called for that he was born in that City that was the third Son and by his Wife was Duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also born there and was Duke of York and last of all Thomas the fifth Son surnamed of Woodstock for the same reason of his birth and was Duke of Gloucester All these five Dukes being great Princes and Sons of one King left Issue behind them as shall be declared and for that the descendents of the third and fourth of these Sons to wit of the Dukes of Lancaster and York came afterward to strive who had best Title to Reign thereof it came that the controversie had his name of these two Families which for more distinction sake and the better to be known took upon them for their Ensigns a Rose of two different colours to wit the White Rose and the Red as all the World knoweth whereof the White served for York and the Red for Lancaster To begin then to shew the Issue of all these five Princes it is to be noted that the two elder of them to wit Prince Edward and his second Brother Leonel Duke of Clarence dyed both of them before King Edward their Father and left each of them an Heir for that Prince Edward left a Son named Richard who Succeeded in the Crown immediately after his Grand-father by the name of King Richard the second but afterward for his evil Government was deposed and dyed in prison without Issue and so was ended in him the Succession of the first Son of King Edward The second Son Leonel dying also before his Father left behind him one only Daughter and Heir named Philippa who was married to one Edmond Mortimer â—arl of March and he had by her a Son and Heir named Roger Mortimer which Roger had Issue two Sons named Edmond and Roger which dyed both without Children and one daughter named Anne Mortimer who was married unto Richard Plantagenet Earl of Cambridge second Son unto Edmond Langly Duke of York which Duke Edmond was fourth Son as hath been said unto King Edward the third and for that this Richard Plantagenet married the said Anne as hath been said hereby it came to pass that the House of York joyned two titles in one to wit that of Leonel Duke of Clarence which was the second Son of King Edward the third and that of Edmond Langly Duke of York which was the fourth Son and albeit this Richard Plantagenet himself never came to be Duke of York for that he was put to death while his elder Brother lived by King Henry the fifth for a conspiracy discovered in Southampton against the said King when he was going over into France with his Army yet he left a Son behind him named also Richard who afterward came to be Duke of York by the death of his Uncle which Uncle was slain soon after in the Batteâ— of Ageâ—couâ—t in France and this Richard began first of all to prosecute openly his quarrel for the Title of the Crown against the House of Lancaster as a little afterward more in particuler shall be declared as also shall be shewed how that this 2 Richard Duke of York being slain also in the same quarrel left a Son named Edward Earl of March who after much trouble got to be King by the name of King Edward the 4 by the oppression and putting down of King Henry the 6 of the House of Lancaster and was the first King of the House of York whose Genealogy we shall lay down more largely afterwards in place convenient And now it followeth in order that we should speak of John of Gaunt the third Son but for that his descent is great I shall first shew the descent of the fifth and last Son of King Edward who was Thomas of Woodstock Duke of Glocester and Earl of Buckingham that was put to death afterward or rather murthered wrongfully by order of his Nephew King Richard the second and he left only one daughter and Heir named Anne who was married to the Lord Stafford whose Family afterward in regard of this marriage came to be Dukes of Buckingham and were put down by King Richard the third and King Henry the eighth albeit some of the bloud and name do remain yet still in England And thus having brought to an end the Issue of three Sons of King Edward to wit of the first second and fifth and touched also somewhat of the fourth there resteth to prosecute more fully the Issues and descents of the third and fourth Sons to wit of John of Gaunt Duke of Lancaster and of Edmond Langly Duke of York which are the Heads of these two Noble Families which thing I shall do in this place with all brevity and perspicuity possible beginning first with the House of Lancaster John of Gaunt third Son of King Edward being Duke of Lancaster by his Wife as hath been said had three Wives in all and by every one of them had issue though the Bishop of Ross in his great Latine Arbour of the Genealogies of the Kings of England Printed in Paris in the year 1580. assigneth but one Wife only to this John of Gaunt and consequently that all his Children were born of her which is a great and manifest errour and causeth great confusion in all the rest which in his Book of the Queen of Scots Title he buildeth hereon for that it being evident that only the first Wife was Daughter and Heir of the House of Lancaster and John of Gaunt Duke thereof by her it followeth that the Children only that were born of her can pretend properly to the inheritance of that house and not others born of John of Gaunt by other wives as all the World will confess First then as I have said this John of Gaunt married Blanch Daughter and Heir of Henry Duke of Lancaster and had by her one Son only and two Daughters The Son was called Henry Earl first of Darby and after made Duke of Hereford by King Richard the second and after that came to be Duke also of Lancaster by the death of his Father and lastly was made King by the deposition of his Cousen German the said King
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
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.
Richard had still great jealousie of his Uncle the Duke of Lancaster and of his off-spring considering how doubtful the question was among the Wise and Learned of those days For more declaration whereof I think it not amiss to alledge the very words of the foresaid Chronicler with the examples by him recited thus then he writeth About this time saith he there did arise a great and doubtful question in the World whether Uncles or Nephews that is to say the younger Brother or else the Children of the elder should Succeed unto Realms and Kingdoms which controversie put all Christianity into great broils and troubles for first Charles the second King of Naplis begat of Mary his Wife Queen and Heir of Hungary divers Children but namely three Sons Marâ—el Robert and Philip Martel dying before his Father left a Son named Charles which in his Grand-mothers right was King also of Hungary but about the Kingdom of Naples the question was when King Charles was dead who should Succeed him either Charles his Nephew King of Hungary or Robert his second Son but Robert was preferred and Reigned in Naples and enjoyed the Earldom of Provence in France also for the space of 33. years with great renown of Valor and Wisdom And this is own example that Girard recounteth which example is reported by the famous Lawyer Bartholus in his Commentaries touching the Succession of the Kingdom of Cicilia and he saith that this Succession of the Uncle before the Nephew was averred also for rightful by the Learned of that time and confirmed for just by the judicial sentence of Pope Boniface and that for the reasons which afterward shall be shewed when we shall treat of this question more in particular Another example also reporteth Girard which ensued immediately after in the same place for that the foresaid King Robert having a Son named Charles which died before him he left a daughter and Heir named Joan Neece unto King Robert which Joan was married to Andrew the younger Son of the foresaid Charles King of Hungary but King Robert being dead there stept up one Lewis Prince of Tarranto a place of the same Kingdom of Naples who was Son to Philip before mentioned younger Brother to King Robert which Lewis pretending his right to be better then that of Joan for that he was a man and one degree nearer to King Charles his Grand-father then Joan was for that he was Nephew and she Neece once removed he prevailed in like manner and thus far Girard Historiographer of France And no doubt but if we consider examples that fell out even in this very age only concerning this controversie between the Uncle and Nephew we shall find store of them for in Spain not long before this time to wit in the year of Christ 1276. was that great and famous determination made by Don Alonso the wise eleventh King of that name and of all his Realm and Nobility in their Courts or Parliament of Segovia mentioned before by the Civilian wherein they disâ—inherited the Children of the Prince Don Alonso de la Cerda that died as our Prince Edward did before his Father and made Heir apparent Don Sancho Bravo younger Brother to the said Don Alonso and Uncle to his Children the two young Cerda's Which sentence standeth even unto this day and King Philip enjoyed the Crown of Spain thereby and the Dukes of Medina Celi and their race that are descendents of the said two Cerda's which were put back are Subjects by that sentence and not Soveraigns as all the World knoweth The like controversie fell out but very little after to wit in the time of King Edward the third in France though not about the Kingdom but about the Earldom of Artoys but yet it was decided by a solemn sentence of two Kings of France and of the whole Parliament of Paris in favour of the Aunt against her Nephew which albeit it cost great troubles yet was it defended and King Philip of Spain holdeth the County of Artoys by it at this day Polydor reporteth the story in this manner Robert Earl of Artoys a man famous for his Chivalry had two Children Philip a Son and Maude a daughter this Maude was married to Otho Earl of Burgundy and Philip dying before his Father left a Son named Robert the second whose Father Robert the first being dead the question was who should Suâ—â—eed either Maude the daughter or Robert the Nephew and the matter being remitted unto Philip le Bel King of France as chief Lord at that time of that State he adjudged it to Maude as to the next in bloud but when Robert repined at this sentence the matter was referred to the Parliament of Paris which confirmed the sentence of King Philip whereupon Robert making his way with Philip de Valoys that soon after came to be King of France he assisted the said Philip earnestly to bring him to the Crown against King Edward of England that opposed himself thereunto and by this hoped that King Philip would have revoked the same sentence but he being once established in the Crown answered that a sentence of such importance and so maturely given could not be revoked Whereupon the said Robert fled to the King of Englands part against France Thus far Polydor. The very like sentence recounteth the same Author to have been given in England at the same time and in the same controversie of the Uncle against the Nephew for the Succession to the Dukedom of Britany as before I have related wherein John Breno Earl of Monford was preferred before the daughter and Heir of his elder Brother Guy though he were but of the half bloud to the last Duke and she of the whole For that John the third Duke of Britany had two Brothers first Guy of the whole bloud by Father and Mother and then John Breno his younger Brother by the Fathers side only Guy dying left a daughter and Heir named Jane married to the Earl of Bloys Nephew to the King of France who after the death of Duke John pretended in the right of his Wife as daughter and Heir to Guy the elder Brother but King Edward the third with the State of England gave sentence for John Breno Earl of Monford her Uncle as for him that was next in consanguinity to the dead Duke and with their Arms the State of England did put him in possession who slew the Earl of Bloys as before hath been declared and thereby got possession of that Realm and held it ever after and so do his Heirs at this day And not long before this again the like resolution prevailed in Scotland between the House of Balliol and Bruse who were competitors to that Crown by this occasion that now I will declare William King of Scots had Issue two Sons Alexander that Succeeded in the Crown and David Earl of Huntington Alexander had Issue another Alexander and a daughter
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
which the Authors that I have read about this matter which are principally two the first Named Hierom Frank a Gentleman of Genoâ—a who Wrote ten Books in Italian of the Union of the Crown of Portugal to Castilia and the second is Named Joannes Antonius Viperanus a Sicilian as I take him who Wrote one Book only in Latine De obtenta Portugallia à Rege Catholico Phillippo of Portugal got by King Philip the Catholick both these Books I say out of whom principally I have taken the Points which here I will touch do severally set down the causes following why the King Cardinal did reject the pretence of Don Antonio before all other pretenders and pronounced him a Bastard First For that he had been ever so taken all the time of his Fathers Life and no man ever doubted thereof or called the matter in question until now that himself denyed the same Secondly for that in the time of Julius Tertius the Pope when certain Decrees came out from Rome against the promotion of Bastards the same Don Antonio Sued to the said Pope to be Dispensed withal in that Case which argueth that then he knew himself not Legitimate Thirdly that his Father the Lord Lewis had often times both by Word and Writing testified the same that this Antonio was his Bastard and had signified also so much in his last Will and Testament Fourthly The said Cardinal as of himself also affirmed that if his Brother the Lord Lewis had ever done any such thing as to Marry this Woman who was but Base in Birth and of Jewish Race as these Stories do affirm That it is like that he would have made some of his own Friends acquainted therewith as a matter so much Important Important for them to know but he never did though the said Cardinal avowed that himself was present with him at his death Fifthly he said that if Don Antonio had been Legitimate how happened that he did not pretend the Succession before the Cardinal himself next after the death of Sabastin seeing that he was to have gone before the said Cardinal by as good Right as his other Nephew Sabastian did if he had been Legitimate for that he was Son also to the Cardinals Elder Brother as hath been said Sixthly and lastly the said King Cardinal avowched against Don Antonio partly the disagreeing and partly the open confessing of the Witnesses that they were to be Suborned by him upon all which Causes and Considerations he proceeded to the Judicial Sentence before alledged Thus passed the matter in the Case of Don Antonio who if he had been Legitimate no doubt but by all Right he should have been preferred before all the other pretenders to the Crown of Portugal and must be at this day towards the Crown of England before all those that pretend of the house of Portugal if we grant him to be Legitimate and much more clearly may he pretend to the Dukedom of Lancaster as before hath been declared for that it must descend to the lawful Heir of Lady Phillipa Queen of Portugal whereof ensueth also one consideration not impertinent to us of England that seeing we hold him there for true King of Portugal I see not how we can deny him his Right to the said Dukedom at least of Lancaster whereof if we would give him but the possession with all the Appurtenances as they lye it were no evil entertainment for him in our Country until he could get the possession of the Crown in his own After the exclusions of these two pretenders to wit of the Duke of Savoy and of Don Antonio the whole controversy for Portugal remained between the other three which were the King of Spain Son of Lady Isabel eldest Daughter of King Emmanuel and the two Dutchesses of Parma and Bragansa Daughters of the younger Son of the said King Emmanuel to wit of the Lord Edward Infant of Portugal And First of all for that the eldest of these two Ladies to wit Mary Dutchess of Parma was now dead her Eldest Son Lord Ranutio now Duke of Parma entred in her place and alledged that he represented his Mother and she her Father Lord Edward which Lord if he had been alive he should no doubt have been preferred before his Elder Sister Lady Elizabeth Mother of King Philip and consequently that the said Lord Edward's Issue ought to be preferred before her Issue and this he alledged against King Philip. And against the Dutchess of Bragansa he alledged that his said Mother was the Elder Sister and for that cause he which now possessed her Right and represented her Person was to be preferred before the said Lady Katharine Dutchess of Bragansa so that the Foundation of this pretence of the Duke of Parma was that he was Nephew to the Lord Edward by his eldest Daughter and that to King Emmanuel he was Nephew once removed by his Son whereas King Philip was Nephew but by his Daughter only and that the Lady Katharine of Bragansa was only second Daughter to the said Lord Edward But to this was answered for the same Lady Katharine First that she was born and bred in Portugal and therefore more to be favoured in this Action than either King Philip or the Duke of Parma which were foreign born And secondly against King Philip In particular she used the same argument that before the Duke of Parma had done which is that she was Daughter of Lord Edward son of King Emmanuel whose Right was better than his Sisters and consequently that his Children were to be preferred before the Child of his Sister in this pretence to wit before King Philip. And thirdly against the Duke of Parma she alledged that she was one degree nearer in propinquity oâ— Blood unto King Emmanuel and unto King Henry the Cardinal than the Duke of Parma was which was but Nephew and she Daughter to the said Lord Edward that was Brother to the said Lord Cardinal and Son of King Emmanuel And when for the Duke of Parma it was affirmed that he represented his Mothers place that was the elder Sister answer was made that no Representation was admitted in this case of the Succession to the Crown of Portugal but that every pretender was to be considered and taken in his own person only and to be preferred according to degree in propinquity of Blood to the former Princes and if it happened that they should be in equal degree then each party to be preferred according to the Prerogatives only of his person to wit the Man before the Woman and the Elder before the Younger And for that the Lady Catharine of Bragansa was nearer by one degree 〈◊〉 her Father Lord Edward than was the Duke of Parma who was but Nephew therefore she was to be preferred and many great Books were written by Lawyers in this Ladies behalf and her Right was generally held in Portugal to be preferred before the other of Paâ—ma
both of the Blood Royal they are thought to have abâ—sed themselves much by their Marriages with the two Knights Daughters Sir Richard Rogers and Sir John Spenser though otherwise both of them very worshipful but not their Matches in respect of their Kindred with the Crown yet doth the Alliance of S. John Spenser seem to bring many more Friends with it than that of Sir Richard Rogers by reason of the other Daughters of Sir John well married also to Persons of importance as namely the one to Sir George Carey Governour of the Isle of Wight who bringeth in also the Lord Hunsdon his Father Captain of Barwick two of the most important pieces that England hath And for that the said Lord Hunsdon and the Lady Knowles deceased were Brother and Sister and both of them Children to the Lady Mary Bullen Elder Sister to Queen Anne hereof it cometh that this Alliance with Sir George Carey may draw after it also the said House of Knowles who are many and of much importance as also it may do the Husbands of the other Daughters of Sir John Spencer with their adherents and followers which are neither few nor feeble all which wanteth in the Marriage of the Lord Beacham Another difference also in the ability of these two Lords is that the House of Seymers in State and Title of Nobility is much younger than the House of Stanleys for that Edward Seymer late Earl of Hartford and after Duke of Somerset was the first beginner thereof who being cut off together with his Brother the Admiral so soon as they were could not so settle the said House especially in the Alliance with the residue of the Nobility as otherwise they would and might have done But now as it remaineth I do not remember any Alliance of that House of any great moment except it be the Children of Sir Henry Seymer of Hampshire and of Sir Edward Sâ—ymâ—r of Bery Pomery in Devonshire if he have any and of Sir John Smith of Essex whose Mother was Sister to the late Duke of Somerset or finally the Alliance that the late Marriage of the Earl of Hartford with the Lady Frances Howard may bring with it which cannot be much for so great a purpose as we talk of But the Earl of Darby on the other side is very strongly and honourably allied both by Father and Mother for by his Father not to speak of the Stanleys which are many and of good Power and one of them matched in the House of Northumberland his said Father the old Earl had three Sisters all well married and all have left Children and Heirs of the Houses wherein they were married for the elder was married first to the Lord Sturton and after to Sir John Arundel and of both Houses hath lâ—sâ— Hâ—irs-male The second Sister was married to the Lord Mosley by whom she hath left the Lord that now is who in like manner hath matched with the Heir of the Lord Montegle who is likewise a Stanley And finally the third Sister was married to Sir Nicholas Poynes of Glocâ—stershire and by him had a Son and Heir that yet liveth And this by his Fathers side but no less alliance hath this Earl also by the side of his Mother who being Daughter of George Clifford Earl of Cumberland by Lady Eleanor Niece of King Henry the VII the said Lord George had afterward by a second Wife that was Daughter of the Lord Dacres of the North both the Earl of Cumberland that now is and the Lady Wharton who hereby are Brother and Sister of the half Blood to the said Countess of Darby and the Dacrâ—s are their Uncles Besides all this the States and Possessions of the two foresaid Lords are far different for the purpose pretended for that the State of the Earl of Hartford is far inferior both for greatness situation wealth multitude of Subjects and the like for of that of the Stanleys doth depend the most part of the Shires of Lancaster and Chester and a good part of the North of Wales at least wise by way of observance and affection as also the Isle of Mâ—n is their own and Ireland and Scotland is not far off where friendship perhaps in such a case might be offered and finally in this point of ability great oddes is there seen between the Lords As for their Religion I cannot determine what difference there is or may be between them The Lord Beacham by education is presumed to be a Protestant albeit some hold that his Father and Father in Law be more inclined towards the Puritans The Earl of Darby's Religion is held to be more doubtful so as some do think him to be of all three Religions and others of none and these again are divided in judgments about the event hereof for that some do imagine that this opinion of him may do him good for that all sides hereby may perhaps conceive hope of him but others do perswade themselves that it will do him hurt for that no side indeed will esteem or trust him so as all these matters with their events and consequences do remain uncertain But now will I pass to speak of the House of Clarence the chief Persons whereof and most eminent at this day are the Earl of Huntington and his Brethren the Hastings for that the Pooles and Barringtons are of far meaner condition and authority albeit the other also I mean the House of Hastings doth not seem to be of any great alliance for that albeit the old Earl of Huntington this Earl's Father had two Brethren the one Sir Thomas Hastings that married one of the Lord Henry Pooles Daughters named Montagne that was put to death which Daughter was Sister to this Earl's Mother and the other named Sir Edward Hastings was made Lord of Lowghborow by Queen Mary to whom he was first Master of the Horse and afterwards Lord Chamberlain neither of them having left issue and this is all I remember by his Fathers side except it be his own Brethren as hath been said of which Sir George Hastings is the chiefest By his Mothers side he hath only the Pooles whose Power as it is not great so what it is is rather like to be against him than with him partly for their difference from him in Religion and partly for preferment of their own Title upon the reasons before alledged By his own Marriage with the Daughter of the late Duke of Northumberland and Sister to the late Earls of Leicester and Warwick he was like to have drawn a very great and strong alliance if the said two Earls had lived and especially Sir Philip Sidney who was born of the other Sister of the present Countess of Huntington and his own Sister was married to the Earl of Pembroke that now is and himself to the Daughter of Sir Francis Walsingham Chief Secretary of the State by all which means and by all the affection and
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
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
Brother of the said late King Don Fernando whose name was Don Juan a youth of twenty years old who had been Master of a Military Order in Portugal named de Avis and so they excluded Dona Beatrix Queen of Castile that was their lawful Heir and chose this young man and married him afterwards to the Lady Philippe daughter of John of Gant Duke of Lancaster by his first Wife Blanch Dutchess and Heir of Lancaster in whose Right the Kings of Portugal and their Descendents do pretend unto this day a certain Interest to the House of Lancaster which I leave to our Temporal Lawyer to discuss But hereby we see what an ordinary matter it hath been in Spain and Portugal to alter the â—ine of next Succession upon any reasonable consideration which they imagined to be for their Weal-Publick and the like we shall find in France and England which even now I will begin to tâ—â—at of CHAP. VIII Divres other examples out of the States of France and England for proof that the Next in Bloud are sometimes put back from Succession and how God had approved the same with good success AS concerning the Estate of France I have noted before that albeit since the Entrance of their first King Pharamond with his Franks out of Germany which was about the year of Christ 419. they have never had any stranger come to wear the Crown which they attribute to the benefit of their Law Salique that forbiddeth Women to reign yet among themselves have they changed twice their whole Race and Linage of Kings once in the entrance of King Pepin that put out the Line of Pharamond about the Year 751. and again in the promotion of King Hugo Capetus that put out the Line of Pepin in the year 988. so as they have had three Descents and Races of Kings as well as the Spaniards the first of Pharamond the second of Pepin and the third of Capetus which endureth unto this present if it be not altered now by the exclusion that divers pretend to make of the King of Navar and other Princes of the Blood Royal of the House of Burbon Wherefore as I did before in the Spaniards so I will here let pass the first rank of all of the French Kings so that some men may say perhaps that the Commonwealth and Law of Succession was not so well settled in those days as it hath been afterwards in the time of Pepin Charles the Great and their descendents as also for that it were in very deed too tedious to examine and peruse all three Ranks of Kings in France as you will say when you shall see what store I have to alledge out of the second Rank only which began with the exclusion and deposition of their lawful King Childerick the Third and election of King Pepin as before you have heard at large declared in the third chapter of this discourse and it shall not be needful to repeat the same again in this place Pepin then sirnamed le Brefe or the Little for his small stature though he were a Giant in deeds being made King of France by meer Election in the year of Christ 751. after 22 Kings that had reigned of the first Line of Pharamond for the space of more than three hundred years and being so famous and worthy a King as all the World knoweth reigned 18 years and then left his States and Kingdoms by Succession unto his Eldest Son Charles sirnamed afterwards the Great for his famous and Heroical Acts. And albeit the the whole Kingdom of France appertained unto him alone by the Law of Succession as hath been said his Father being King and he his eldest son yet would the Realm of France shew her Authoriin his Admission which Gerard setteth down in these words Estant Pepin decide les Francois esleurent Rois Charles Carlomon ses fils a la charge qu'ils paertageroient entre eux egalement le Royaume Which is King Pipin being dead the Frenchmen chose for their Kings his two sons Charles and Carlomon with condition that they should part equally between them the Realm Wherein is to be noted not only the Election of the Commonwealth besides Succession but also the heavy Condition laid upon the Heir to part half of his Kingdom with his younger brother and the very same words hath Eginard an antient French Writer in the Life of this Charles the Great to wit that the French State in a publick Assembly did chuse two Princes to be their Kings with express condition to divide the Realm equally as Francis Belforest cites his words which two French Authors I mean Gerard and Belforest I shall use principally hereafter in the rest of my citations After three years that these two Brethren had reigned together King Carlomon the younger died and left many sones the elder whereof was named Adalgise but Belforest saith that the Lords Ecclesiastical and Temporal of France swore fidelity and obedience to Charles without any respect or regard at all of the Children of Carlomon who yet by Right of Succession should have been preferred and Paulus Aemilius a Latine Writer saith Proceres regni ad Carolum ultro venientes Regem eum totius Galliae salutarunt That is The Nobility of the Realm coming of their own accord unto Charles saluted him King of France whereby is shewen that this exclusion of the Children of Carlomon was not by force or tyranny but by free deliberation of the Realm After Charles the Great reigned by Succession his onely son Luyâ— the First sirnamed de Bonnaire of his Courtesy who entring to reign in the year 817. with great applause of all men for the exceeding grateful memory of his Father was yet afterward at the pursuit principally of his own three sons by his first Wife which were Lothair Pepin and Luys deposed first in a Council at Lions and then again at Compeigne and put into a Monastery though afterwards he came to reign again and his fourth Son by his second Wife which son was named Charles le Chauve for that he was bald succeeded him in the Sates of France though after many Battels against his eldest Brother Lothaire to whom by Succession the same appertained After Charles the Bald succeeded Luys the second sirnamed le Begue for his stuttering who was not eldest but third son unto his Father for the second died before his Father and the eldest was put by his Succession for his evil demeanur this Luys also was like to have been deprived by the States at his first entrance for the hatred conceived against his Father Charles the Bald but that he calling a Solemn Parliament at Compeigne as Gerard saith he made the People Clergy and Nobility many fair Promises to have their Good wills This Luys the Stuttering left two Bastard Sons by a Concubine who were called Luys and Carlomon
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
Constance as also by divers other participations of the Bloud-Royal of England as afterwards will appear Now then to come to the second Daughter of King William the Conquerour or rather the third for that the first of all was a Nun as before hath been noted her name was Adela or Alice as hath been said and she was Married in France to Stephen Count Palatine of Champagne Charters and Bloys by whom she had a Son called also Stephen who by his Grand Mother was Earl also of Bullaine in Picardy and after the death of his Uncle King Henry of England was by the favour of the English Nobility and especially by the help of his own Brother the Lord Henry of Blâ—is that was Bishop of Winchester and Jointly Abbot of Glastenbury made King of England and this both in respect that Mathilda Daughter of King Henry the first was a Woman and her Son Henry Duke of Anjou a very child and one degree farther off from the Conqueror and from King Rufus then Stephen was as also for that this King Henry the first as hath been signified before was judged by many to have entred wrongfully unto the Crown and thereby to have made both himself and his posterity incapable of Succession by the violence which he used against both his elder Brother Robert and his Nephew Duke William that was Son and Heir to Robert who by nature and Law were both of them hold for Soverains to John by those that favoured them and their pretentions But yet howsoever this were we see that the Duke of Britainy that lived at that day should evidently have succeeded before Stephen for that he was descended of the elder Daughter of the Conqueror and Stephen of the younger though Stephen by the commodity he had of the nearness of his Port and Haven of Bullain into England as the French stories do say for Calis was of no importance at that time and by the friendship and familiarity he had goten in England during the Reign of his two Uncles King Rufus and King Herny and especially by the heâ—p of his Brother the Bishop and Abbot as hath been said he got the start of all the rest and the states of England admitted him This man although he had two Sons namely Eâ—stachius Duke of Normandy and William Earl of Norfolk yet left they no Issue And his Daughter Mary was Married to Matthew of Flanders of whom if any Issue remains it fell afterwards upon the House of Austria that succeeded in those States To King Stephen who left no Issue succeeded by composition after much War Henry Duke of Anjou Son and Heir to Mathilda before named Daughter of Henry the first which Henry named afterward the second took to his Wife Eleanor Daughter and Heir of William Duke of Aquitain and Earl of Poytiers which Eleanor had been Married before to the King of France Lewis the VII and bare him two Daughters but upon dislike conceaved by the one against the other they were Divorced under pretence of being within the fourth degree of Consanguinity and so by second Marriage Eleanor was Wife to this said Henry who afterwards was King of England by name of King Henry the II. that procured the death of Thomas Backet Archbishop of Canterbury and both before and after the greatest Enemy that ever Lewis the King of France had in the World and much the greater for his Marriage by which Henry was made far stronger for by this Woman he came to be Duke of all Aquitain that is of Gascony and Guiene and Earl of all the Country of Poytiers whereas before also by his Fathers inheritance he was Duke both of Anjou Touraine and Maine and his Mother Mathilda King Henries Daughter of England he came to be King of Enland and Duke of Normandy and his own industry he got also to be Lord of Ireland as also to bring Scotland under his homage so as he enlarged the Kingdom of England most of any other King before or after him This King Henry the II. as Stow recounteth had by Lady Eleanor five Sons and three Daughters His eldest Son was named William that dyed young his second was Henry whom he caused to be crowned in his own Life time whereby he received much trouble but in the end this Son dyed before his Father without issue His third Son was Richard sirnamed for his valour Cor de Leon who reigned after his Father by the name of Richard the I. and dyed without issue in the Year of Christ 1199. His fourth Son named Geffrey married Lady Constance Daughter and Heir of Britany as before hath been said and dying left a son by her named Arthur which was Duke of Britany after him and pretended also to be King of England but was put by it by his Uncle John that took him also Prisoner and kept him also in the Castle first of Fallaise in Normandy and then in Rouan until he caused him to be put to death or slew him with his own hands as French Stories write in the Year 1204 This Duke Arthur left behind him two Sisters as Stow writeth in his Chronicles but others write that it was but one and at least wise I find but one named by the French Stories which was Eleanor whom they say King John also caused to be murthered in England a little before her Brother the Duke was put to death in Normandy and this was the end of the Issue of Geffrey whose Wife Constance Dutchess of of Britany married again after this Murther of her Children unto one Guy Vicount of Touars and had by him two daughters whereof the eldest named Alice was Dutchess of Britany by whom the Race hath been continued unto our time The Fifth Son of King Henry the II. was named John who after the death of his Brother Richard by help of his Mother Eleanor and of Hubert Archbishop of Canterbury drawn thereunto by his said Mother got to be King and put back his Nephew Arthur whom King Richard before his departure to the War of the Holy Land had caused to be declared Heir apparent but John prevailed and made away both Nephew and Neece as before hath been said for which Fact he was detested of many in the World abroad and in France by Act of Parliament deprived of all the States he had in those parts Soon after also the Pope gave sentence of Deprivation against him and his own Barons took Arms to execute the sentence and finally they deposed both him and his young Son Henry being then but a Child of eight years old and this in the eighteenth year of his Reign and in the Year of Christ 1215. and Lewis the VIII of that name Prince at that time but afterwards King of France was chosen King of England and sworn in London and placed in the Tower though soon after by the sudden death of King John
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
Swinford two of them that is Thomas Duke of Exeter and Henry Cardinal and Bishop of Winchester dyed without Issue John the eldest Son that was Earl of Somerset had Issue two Sons John and Edmond John that was Duke of Somerset had Issue one onely Daughter named Margaret who was married to Edmond Tidder Earl of Richmond by whom he had a Son named Henry Earl also of Richmond who after was afterwards made King by the name of Henry the VII and was Father to King Henry the VIII and Grandfather to the Queens Majesty that now is And this is the issue of John the first Son to the Duke of Somerset Edmond the second Son to John Earl of Somerset was first Earl of Mortaine and then after the death of his Brother John who dyed without Issue make as hath been said was created by King Henry the VI. Duke of Somerset and both he and almost all his Kin were slain in the quarrel of the said King Henry the VI. and for defence of the House of Lancaster against York For First this Edmond himself was slain in the battel of S. Albans against Richard Duke and first Pretender of York in the Year 1456. leaving behind him three goodly Sons to wit Henry Edmond and John whereof Henry succeeded his Father in the Dutchy of Somerset and was taken and beheaded in the same quarrel at Exham in the Year 1463. dying without Issue Edmond likewise succeeded his Brother Henry in the Dutchy of Somerset and was taken in the battel of Tewkesbury in the same quarrel and there beheaded the 7 th of May 1471. leaving no Issue John also the third Brother Marquess of Dorset was slain in the same battel of Tewkesbury and left no Issue and so in these two Noblemen ceased utterly all the Issue Male of the Line of Lancaster by the Children of John of Gaunt begotten upon Lady Swinford his third Wife So that all which remained of this Woman was only Margaret Countess of Richmond Mother to King Henry the VII which King Henry the VII and all that do descend from him in England do hold the Right of Lancaster only by this third Marriage of Catharine Swinford as hath been shewed and no ways of Blanch the first Wife or of Constance the second and this is enough in this place of the Descents of John of Gaunt and of the House of Lancaster and therefore I shall now pass over to shew the Issue of the House of York I touched briefly before how Edmond Langley Duke of York fourth Son of King Edward the III. had two Sons Edward Earl of Rutland and Duke of Aumarle that succeeded his Father afterwards in the Dutchy of York and was slain without children under King Henry the V. in the battel of Agencâ—urt in France and Richard Earl of Cambridge which married Lady Anna Mortimer as before hath been said that was Heir of the House of Clarence to wâ—t of Leonel Duke of Clarence second son to King Edward the III. by which marriage he joyned together the two Titles of the Second and Fourth Sâ—â—â— of King Edward and being himself convinced of a Conspiracy against King Henry the V. was put to death in Southampton in the Year of Christ 1415. and 3 d. of the Reign of King Henry the V. and 5 th day of August This Richard had Issue by Lady Anna Mortimer a Son named Richard who succeeded his Uncle Edward Duke of York in the same Dutchy and afterwards finding himself strong made claime to the Crown in the behalf of his Mother and declaring himself Chief of the Faction of the White Rose gave occasion of many cruel battels against them of the Red Rose and House of Lancaster and in one of the battels which was given in the Year 1460. at Wakefield himself was slain leaving behind him three Sons Edward George and Richard whereof Edward was afterwards King of England by the name of Edward the IV. George was Duke of Clarence and put to death in Calis in a butt of Sack or Malmesy by the Commandment of the King his Brother and Richard was Duke of Glocester and afterwards King by murthering his own two Nephews and was called King Richard the III. Edward the Eldest of these three Brothers which afterwards was King had Issue two Sons Edward and Richard both put to death in the Tower of London by their Cruel Uncle Richard he had also five Daughters the last four whereof I do purposely omit for that of none of them there remaineth any Issue but the eldest of all named Elizabeth was married to King Henry the VI. of the House of Lancaster and had by him Issue King Henry the VIII and two Daughters the one married unto Scotland whereof are descended the King of Scots and Arabella and the other married to Charles Brandon Duke of Suffolk whereof are issued the Children of the Earls of Hartford and Darby as after more at large shall be handled and this is the Issue of the first Brother of the House of York The Second Brother George Duke of Clarence had Issue by his Wife Lady Isabel Heir to the Earldoms of Warwick and Salisbury one Son named Edward Earl of Warwick who was put to death afterwards in his Youth by King Henry the VII and left no Issue this Duke George had also one Daughter named Margaret admitted by King Henry the VIII at what time he sent her into Wales with Princess Mary to be Countess of Salisbury but yet married very meanly to a Knight of Wales named Sir Richard Poole by whom she had four Sons Henry Arthur Geffrey and Reginald the last whereof was Cardinal and the other two Arthur and Geffrey had Issue for Arthur had two Daughters Mary and Margarit Mary was married to Sir John Stanny and Margaret to Sir Thomas Fitzherbert Sir Geffrey Poole had also Issue another Geffrey Poole and he had Issue Arthur and Geffrey which yet live Now then to return to the first Son of the Countess of Salisbury named Henry that was Lord Montague and put to death both he and his mother by King Henry the VIII This man I say left two daughters Catharine and Winefred Catharine was married to Sir Francis Hastings Earl of Huntington by which Marriage issued Sir Henry Hastings now Earl of Huntington and Sir George Hastings his brother who hath divers Children And Winefred the younger daughter was married to Sir Thomas Barrington Knight who also wanteth not Issue and this is of the second Brother of the House of York to wit of the Duke of Clarence The third Brother Richard Duke of Gloucester and afterward King left no Issue so as this is all that is needful to be spoken of the House of York in which we see that the first and principal Competitor is the King of Scots and after him Arabella and the Children of the Earls of Hertford and Derby are also Competitors of the
same House as descended by the daughter of the first Brother Edward Duke of York and King of England and then the Earl of Huntington and his generation as also the Pools Barringtons and others before named are or may be Titlers of York as descended of George Duke of Clarence second Son of Richard Duke of York all which Issue yet seem to remain only within the compass of the House of York for that by the former Pedegree of the House of Lancaster it seemeth to the favourers of this House that none of these other Competitors are properly of the Line of Lancaster for that King Henry the 7th coming only of John of Gaunt by Catharine Swinford his third Wife could have no part in Lady Blanch that was only Inheritor of that House as to these men seemeth evident Only then it remaineth for the ending of this Chapter to explain somewhat more clearly the descent of King Henry the 7th and of his Issue For better understanding whereof you must consider that King Henry the 7th being of the House of Lancaster in the manner that you have heard and marrying Elizabeth the eldest daughter of the contrary House of York did seem to joyn both Houses together and make an end of that bloudy controversie though others now will say no But howsoever that was which after shall be examined clear it is that he had by that marriage one only Son that left Issue and two daughters his Son was King Henry the 8th who by three several Wives had three Children that have reigned after him to wit King Edward the 6th by Queen Jane Seymer Queen Mary by Queen Catharine of Spain and Queen Elizabeth by Queen Anne Bullen of all which three Children no Issue hath remained so as now we must return to consider the Issue of his daughters The eldest daughter of King Henoy the seventh named Margaret was married by her first mariage to James the fourth King of Scots who had Issue James the fifth and he again Lady Mary late Queen of Scots and Dowager of France put to death not long ago in England who left Issue James the sixth now King of Scots And by her second marriage the said Lady Margaret after the death of King James the fourth took for husband Archibald Douglas Earl of Angus in Scotland by whom she had one only daughter named Margaret which was married to Matthew Steward Earl of Lenox and by him she had two Sons to wit Henry Lord Darly and Charles Steward Henry married the foresaid Lady Mary Queen of Scotland and was murthered in Edenbrough in the year 1566. as the World knoweth and Charles his Brother married Elizabeth the daughter of Sir William Candish in England by whom he had one only daughter yet living named Arabella another competitor of the Crown of England by the House of York and thus much of the first daughter of King Henry the seventh Mary the second daughter of King Henry the seventh and younger Sister to King Henry the eighth was married first to Lewis the XII King of France by whom she had no Issue and afterward to Charles Brandon Duke of Suffolk by whom she had two daughters to wit Frances and Eleanor the Lady Frances was married first to Henry Gray Marquess of Dorset and after Duke of Suffolk beheaded by Queen Mary and by him she had three daughters to wit Jane Catharine and Mary the Lady Jane eldest of the three was married to Lord Guilford Dudly Son to John Dudly late Duke of Northumberland with whom I mean with her Husband and Father in Law she was beheaded soon after for being proclaimes Queen upon the death of King Edward the sixth the Lady Catharine second daughter married first the Lord Henry Herbert Earl of Pembroke and left by him again she dyed afterward in the Tower where she was prisoner for having had two Children by Edward Seymer Earl of Hertford without sufficient proof that she was married unto him and the two Children are yet living to wit Henry Seymer commonly called Lord Beacham and Edward Seymer his Brother The Lady Mary the third Sister though she was betrothed to Arthur Lord Gray of Wilton and married after to Martin Keyes Gentleman-Porter yet hath she left no Issue as far as I understand This then is the end of the Issue of Lady Frances first of the two daughters of Queen Mary of France by Charles Brandon Duke of Suffolk for albeit the said Lady Frances after the beheading of the said Henry Lord Gray Duke of Suffolk her first Husband married again one Adrian Stokes her Servant and had a Son by him yet it lived not but dyed very soon after Now then to speak of the younger daughter of the said French Queen and Duke named Eleanor she was married to Henry Clifford Earl of Cumberland who had by her a daughter named Margaret that was married to Lord Henry Stanley Earl of Darby by whom she hath a plentiful Issue as Ferdinand now Earl of Darby William Stanley Francis Stanley and others and this is all that needeth to be spoken of these descents of our English Kings Princes Peers or Competitors to the Crown for this place and therefore now it resteth only that we begin to examine what different pretentions are fram'd by divers Parties upon these descents and Genealogies which is the principal point of this our discourse CHAP. IV. Of the great and general controversie and contention between the two Houses Royal of Lancaster and York and which of them may seem to have had the better Right to the Crown by way of Succession ANd first of all before I do descend to treat in particular of the different pretences of several persons and families that have issued out of these two Royal lineages of Lancaster and York it shall perhaps not be amiss to discuss with some attention what is or hath or may be said on both sides for the general controversie that lyeth between them yet undecided in many mens opinions notwithstanding there hath been so much stir about the same and not only writing and disputing but also fighting and murthering for many years And truly if we look into divers Histories Records and Authors which have written of this matter we shall find that every one of them speaking commonly according to the time wherein they lived for that all such as wrote in the time of the three Henries fourth fifth and sixth Kings of the House of Lancaster they make the title of Lancaster very clear and undoubted but such others as wrote since that time while the House of York hath held the Scepter they have spoken in a far different manner as namely Polydor that wrote in King Henry the VIII his time and others that have followed him since to take all right from the House of Lancaster and give the same to the House of York wherefore the best way I suppose will be not so much to consider
young King of the bloud Royal was Crowned in her place and all this might have been done as you see without such trouble of Arms and bloud-shed if God would but he appointed these several means for working of his will and for relieving of Common-wealths oppressed by evil Princes And this seemeth sufficient proof to these men that King Richard of England might be removed by force of Arms his life and Government being so evil and pernicious as before hath been shewed It remaineth then that we pass to the second principal point proposed in the beginning which was that supposing this deprivation of King Richard was just and lawful what House by right should have succeeded him either that of Lancaster as it did or the other of York And first of all it is to be understood that at that very time when King Richard was deposed the house of York had no pretence or little at all to the Crown for that Edmond Mortimer Earl of March Nephew to the Lady Philippa was then alive with his Sister Anne Mortimer married to Richard Earl of Cambridge by which Anne the House of York did after make their claim but could not do so yet for that the said Edmond her Brother was living and so continued many years after as appeareth for that we read that he was alive 16. years after this to wit in the third year of the Reign of K. Henry the 5th when his said Brother in Law Richard Earl of Cambridge was put to death in Southampton whom this Edmond appeached as after shall be shewed and that this Edmond was now Earl of March when K. Richard was deposed and not his Father Roger as Polidor mistaketh is evident by that that the said Roger was slain in Ireland a little before the deposition of King Richard to wit in the year 1398. and not many months after he had been declared Heir apparent by King Richard and Rogers Father named Edmond also Husband of the Lady Philippa dyed some three years before him that is before Roger as after will be seen so as seeing that at the deposition of King Richard this Edmond Mortimer elder Brother to Anne was yet living the question cannot be whether the House of York should have entred to the Crown presently after the deprivation of King Richard for they had yet no pretence as hath been shewed but whether this Edmond Mortimer as Heir of Leonel Duke of Clarence or else Henry Duke of Lancaster Heir of John of Gaunt should have entred For as for the House of York there was yet no question as appeareth also by Stow in his Chronicle who seteth down how that after the said deposition of Richard the Archbishop of Canterbury asked the people three times whom they would have to be their King whether the Duke of York there standing present or not and they answered no and then he asked the second time if they would have his eldest Son the Duke of Aumarl and they said no he asked the third time if they would have his youngest Son Richard Earl of Cambridge and they said no Thus writeth Stow. Whereby it is evident that albeit this Earl of Cambridge had married now the Sister of Edmond Mortimer by whom his posterity claimed afterward yet could he not pretend at this time her Brother being yet alive who after dying without Issue left all his right to her and by her to the House of York for albeit this Earl Richard never came to be Duke of York for that he was beheaded by King Henry the fifth at Southampton as before hath been said while his elder Brother was a live yet left he a Son named Richard that after him came to be Duke of York by the death of his Uncle Edmond Duke of York that dyed without Issue as on the other side also by his Mother Ann Mortimer he was Earl of March and was the first of the House of York that made title to the Crown So that the question now is whether after the deposition of King Richard Edmond Mortimer Nephew removed of Leonel which Leonel was the second Son to King Edward or else Henry Duke of Lancaster Son to John of Gaunt which John was third Son to King Edward should by right have succeeded to King Richard and for Edmond is alledged that he was Heir of the elder Brother and of Henry is said that he was nearer by two degrees to the Stem or last King that is to say to King Richard deposed then Edmond was for that Henry was Son to King Richards Uncle of Lancaster and Edmond was but Nephew removed that is to say Daughters Sons Son to the said King Richards other Uncle of York And that in such a case the next in degree of consanguinity to the last King is to be preferred though he be not of the elder Line the favourers of Lancaster alledge many proofs whereof some shall be touched a little after and we have seen the same practised in our days in France where the Cardinal of Bourbon by the Judgment of the most part of that Realm was preferred to the Crown for his propinquity in bloud to the dead King before the King of Navarre though he were of the elder Line Moreover it is alledged for Henry that his title came by a man and the others by a woman which is not so much favoured either by Nature Law or Reason and so they say that the pretenders of this title of Lady Philippa that was daughter of Duke Leonel never opened their mouths in those days to claim until some 50. years after the deposition and death of King Richard Nay moreover they of Lancaster say that sixteen years after the deposition of King Richard when King Henry the fifth was now in possession of the Crown certain Noblemen and especially Richard Larl of Cambridge that had married this Edmond Mortimers Sister offered to have slain King Henry and to have made the said Edmond Mortimer King for that he was descended of Duke Leonel but he refused the matter thinking it not to be according to equity and so went and discovered the whole Treason to the King whereupon they were all put to death in Southampton within four or five days after as before hath been noted and this happened in the year 1415. and from henceforward until the year 1451. and thirtieth of the Reign of King Henry the sixth which was 36. years after the Execution done upon these Conspirators no more mention or pretence was made of this matter at what time Richard Duke of York began to move troubles about it again Thus say those of the House of Lancaster but now these of York have a great argument for themselves as to them it seemeth which is that in the year of Christ 1385. and 9th year of the reign of King Richard the second it was declared by Act of Parliament as Polydor writeth that Edmond Mortimer who had married Philippa
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
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
English Nobility to see them so greatly advanced above the rest as necessarily they must be if this Woman of their Lineage should come to be Queen which how the Nobility of England would bâ—ar is hard to say And this is as much as I have heard others say of this matter and of all the House of Scotland wherefore with this I shall end and pass over to treat also of the other Houses that do remain of such as before I named CHAP. VI. Of the House of Suffolk containing the Claims of the Countess of Darby and her Children as also of the Children of the Earl of Hartford IT hath appeared by the Genealogy set down before in the third Chapter and often-times mentioned since how that the House of Suffolk is so called for that the Lady Mary second Daughter of King Henry VII being first married to Lewis XII King of France was afterwards married to Charles Brandon Duke of Suffolk who being sent over to condole the death of the said King got the good will of the Widow-Queen though the common Fame of all men was That the said Charles had a Wife living at that day and divers years after as in this Chapter we shall examine more in particular By this Charles Brandon then Duke of Suffolk this Queen Mary of France had two Daughters first the Lady Frances married to Sir Henry Gray Marquess of Dorset and afterwards in the right of his Wife Duke also of Suffolk who was afterwards beheaded by Queen Mary And secondly Lady Eleanor married to Sir Henry Clifford Earl of Cumberland The Lady Frances elder Daughter of the Queen and of Charles Brandon had Issue by her Husband the said last Duke of Suffolk three Daughters to wit Jane Katharine and Mary which Mary the youngest was betrothed first to Arthur Lord Gray of Wilton and after left by him she was married to one M. Martin Keyes of Kent Gentleman-Porter of the Queens Houshold and after she died without Issue And the Lady Jane the eldest of the three Sisters was married at the same time to the Lord Guilford Dudley fourth Son to Sir John Dudley Duke of Northumberland and was proclaimed Queen after the death of King Edward for which act all three of them to wit both the Father Son and Daughter-in-law were put to death soon after But the Lady Katharine the second Daughter was married first upon the same day that the other two her Sisters were unto Lord Henry Herbert now Earl of Pembroke and upon the fall and misery of her House she was left by him and so she lived a sole Woman for divers years until in the beginning of this Queens days she was found to be with-child which she affirmed was by the Lord Edward Seymor Earl of Hartford who at that time was in France with Sir Nicholas Throgmorton the Embassador and had purpose and license to have travelled into Italy but being called home in hast upon this new accident he confessed that the Child was his and both he and the Lady affirmed that they were man and wife but for that they could not prove it by Witnesses and for attempting such a Match with one of the Blood Royal without Privity and License of the Prince they were Committed to the Tower where they procured Means to meet again afterward and had an other Child which both Children do yet live and the Elder of them is called Lord Henry Beacham and the other Edward Seymor the Mother of whom lived not long after neither married the Earl again until of late that he married the Lady Frances Howard Sister to the Lady Sheffield And this is all the Issue of the elder Daughter of Charles Brandon by Lady Mary Queen of France The second Daughter of Duke Charles and the Queen named Lady Eleanor was married to Henry Lord Clifford Earl of Cumberland and had by him a Daughter named Margaret that married Sir Henry Stanely Lord Strange and after Earl of Darby by whom the said Lady who yet liveth hath had Issue Ferdinando Stanley now Earl of Darby William and Francis Stanley And this is the Issue of the House of Suffolk to wit this Countess of Darby with her Children and these other of the Earl of Hartford of all whose Titles with their Impediments I shall here briefly give an account and reason First of all both of these Families do joyn together in this one point to exclude the House of Scotland both by foreign Birth anh by the aforesaid Testament of King Henry authorized by two Parliaments and by the other Exclusions which in each of the titles of the King of cots and of Lady Arabella hath been before-alledged But then secondly they come to vary between themselves about the Priority or Propinquity of their own Succession for the Children of the Earl of Hartford and their Friends do alledge That they do descend of Lady Frances the elder Sister of Lady Eleanor and so by Law and Reason ought to be preferred But the other House alledgeth against this two Impediments the one That the Lady Margaret Countess of Darby now living is nearer by one degree to the Stem that is to King Henry VII then are the Children of the Earl of Hartford and consequently according to that which in the former fourth Chapter hath been declared she is to be preferred albeit the Children of the said Earl were legitimate Secondly they do affirm That the said Children of the Earl of Hartford by the Lady Katharine Gray are many ways illegitimate First for that the said Lady Katharine Gray their Mother was lawfully married before to the Earl of Pembroke now living as hath been touched and publick Records do testifie and not lawfully separated nor by lawful authority nor for just Causes but only for temporal and worldly respects for that the House of Suffolk was come into misery and disgrace whereby she remained still his true Wife and before God and so could have no lawful Children by any other whiles he yet lived as yet he doth Again they prove the illegitimation of these Children of the Earl of Hartford for that it could never be lawfully proved that the said Earl and the Lady Katharine were married but only by their own assertions which in Law is not holden sufficient for which occasion the said pretended Marriage was disannulled in the Court of Arches by publick and definitive Sentence of Doctor Parker Archbishop of Canterbury and Primate of England not long after the Birth of the said Children Furthermore they do add yet another Bastardy also in the Birth of Lady Katharine her self for that her Father Lord Henry Gray Marquess of Dorset was known to have a lawful Wife alive when he married the Lady Frances Daughter and Heir of the Queen of France and of Charles Brandon Duke of Suffolk and Mother of this Lady Katharine for obâ—aining of which said Marriage the said Marquess put away his foresaid
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-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
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
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.
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