him and the Duke of York and solemnly sworn on both sides the 8 th of October in the year 1459 In punishment whereof and of his other negligent and evil Government though for his own particular Life he was a good man as hath been said Sentence was given against him partly by Force and partly by Law and King Edward the fourth was put in his place who was no evil King as all English-men well know but one of the renownedst for martial Acts and Justice that hath worn the English Crown But after this man again there fell another accident much more notorious which was That Richard Duke of Glocester this King Edward's younger Brother did put to death his two Nephews this man's Children viz. King Edward the 5 th and his little Brother and made himself King And albeit he sinned grieveously by taking the Crown in this wicked manner yet when his Nephews were once dead he might in reason seem to be lawful King both in respect that he was next Male in Bloud after his Brother as also for that by divers Acts of Parliament both before and after the death of those Infants his Title was authorized and made good and yet no man will say I think but that he was lawfully deposed again afterwards by the Commonwealth which called out of France Henry Earl of Richmond to chastize him and to put him down and so he did and took from him both Life and Kingdom in the Field and was King himself after him by the Name of King Henry the seventh And no man I suppose will say but that he was lawful King also which yet cannot be except the other might be lawfully deposed And moreover as I said at the beginning I would have you consider in all these mutations what men commonly have succeeded in the places of such as have been deposed as namely in England in the place of those five Kings before-named that were deprived viz. John Edward the second Richard the second Henry the sixth and Richard the third there have succeeded the three Henries to wit the third fourth and seventh and two Edwards the third and fourth all most rare and valiant Princes who have done infinite important Acts in their Commonwealths and among other have raised many Houses to the Nobility put down others changed States both abroad and at home distributed Ecclesiastical Dignities altered the course of Descent in the Bloud-Royal and the like all which was unjust and is void at this day if the changes and deprivations of the former Princes could not be made and consequently none of these that do pretend to the Crown of England at this day can have any Title at all because they descend from those men who were put up in place of the Deprived And this may be sufficient for proof of the two principal points which you required to be discussed in the beginning of this Speech viz. That lawful Princes have oftentimes by their Commonwealths been lawfully deposed for misgovernment and that God hath allowed of and assisted the same with good success unto the Weal-publick And if this be so or might be so in Kings lawfully set in possession then much more hath the said Commonwealth Power and Authority to alter the Succession of such as do but yet pretend to that Dignity if there be due reason and causes for the same which is the head point that first we began to treat of said the Civilian and with this ended he his Spech without saying any more CHAP. IV. Wherein consisteth principally the lawfulness of Proceeding against Princes which in the former Chapter is mentioned What Interest Princes have in their Subjects Goods or Lives How Oaths doth bind or may be broken by Subjects towards Princes And finally the difference between a good King and a Tyrant WHen the Civilian had ended his Speech the Temporal Lawyer looked upon the standers by to see whether any would reply or no and perceiving all to hold their peace he began to say in this manner Truly Sir I cannot deny but the examples are many that you have alledged and they seem to prove sufficiently that which you affirmed at the beginning to wit that the Princes by you named were deprived and put down by their Common-Wealths for their evil Government And good Successors commonly raised up in their places and that the Common-Wealth had Authority also to do it I do not greatly doubt at least wise they did it de facto and now to call those facts in question were to imbroyl and turn up-side-down all the states of Christendom as you have well signified but yet for that you have added this word Lawfuly so many times in the course of your narration I would you took the pains to tell us also by what Law they did the the same seeing that Belloy whom you have named before and some other of his opinion do afirm that albeit by nature the Commonwealth have authority over the Prince to choose and appoint him at the beginning as you have well proved out of Aristotle and other ways Yet having once made him and given up all their Authority unto him he is now no more Subject to their Correction or Restraint but remaineth Absolute of himself without respect to any but only to God alone which they prove by the example of every particular Man that hath Authority to make his Master or Prince of his Inferior but not afterwards to put him down again or to Deprive him of the Authority which he gave him though he should not bear himself well and gratefully but Discourteous rather and Injuriously towards him that gave him first this Authority To which also they do alledge the Speech of the Prophet Samuel in the first Book of the Kings where the People of Israel demanded to have a King to Govern over them as other Nations round about them had and to leave the Government of the High Priests under whom at that day they were At which demand both God himself and Samuel were grievously offended and Samuel by Gods express order protested unto them in this manner Well quoth he you will have a King hearken then to this that I will say Hoc erit jus regis qui imperaturus est vobis This shall be the Right and Power of the King that shall rule over you to wit He shall take from you your Children both Sons and Daughters your Fields and Vineyards your Harvest also and Rents your Servants Hand-maids and Herds of Cattel and shall give them to his Servants and you shall Cry unto God in that day from the face of this your King whom you have chosen and God shall not hear you for that you have demanded a King to Govern you Thus far the Prophet Out of all which discourse and Speech of the Prophet these Men do gather that a King is nothing so restrained in his Power or Limited to Law as you have affirmed but
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
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
you have heard it proved of all Law-makers Philosophers Lawyers Divines and Governours of Commonwealhs who have set down in their Statutes and Ordinances that Kings shall swear and protest at their entrance to Government that they will observe and perform the conditions there promised and otherwise to have no Interest in that Dignity and Soveraignty By examples in like manner of all Realms Christian he declared how that often-times they have deposed their Princes for just causes and that God hath concurred and assisted wonderfully the same sending them commonly very good Kings after those that were deprived and in no Country more then in England it self yea in the very Line and Family of this King Richard whose Noble Grandfather King Edward the third was exalted to the Crown by a most solemn deposition of his predecessor King Edward the second wherefore in this point there can be little controversie and therefore we shall pass unto the second which is whether the causes were good and just for which this King Richard was esteemed worthy to be deposed And in this second point much more difference there is betwixt York and Lancaster and between the white Rose and the Red for that the House of York seeking to make the other odious as though they had entred by tyranny and cruelty doth not stick to avouch that King Richard was unjustly deposed but against this the House of Lancaster alledgeth first that the House of York cannot justly say this for that the chief Prince assistant to the deposing of King Richard was Lord Edmond himself Duke of York and head of that family together with Edward Earl of Rutland and Duke of Aumarl his eldest Son and Heir yea and his younger Son also Richard Earl of Cambridge Father to this Richard that now pretendeth for so do write both Stow Hollingshead and other Chroniclers of England that those Princes of the Hâ—â—â—e of York did principally assist Henry Duke of Lancaster in getting the Crown and deposing King Richard and Polidâ—r speaking of the wicked Government of King Richard and of the first Cogitation about deposing him when King Henry of Lancaster was yet in France banished and seemed not to think of any such matter he hath these words Sed Edmundo Eboâ—acensium duci ea res cum primis bilem commovit quod Rex omnia jam jura perverteret quod antea parricidio postea râ—pints se obstrinxâ—sset c. That is this matter of the wicked Government of King Richard did principally offend his Uncle Edmond Duke of York for that he saw the King now to peâ—srvert all Law and Equity and that as before he had defiled himself with Parricide that is with the murther of his own Uncle the Duke of Glocester Brother to this Edmond so now he intangled himself also with Rapine in that he took by violence the Goods and Inheritance of John of Gaunt late deceased which did belong to Henry Duke of Lancaster his Cousin-German By which words of Polidor as also for that the Duke of Lancaster coming out of Britany accompaned only with threescore persons as some stories say chose first to go into York shire and to enter at Ravenspur at the mouth of Humber as all the World knoweth which he would never have done if the Princes of York had not principally favoured him in that action all this I say is an evident argument that these Princes of the House of York were then the chief doers in this deposition and consequently cannot alledge now with reason that the said Richard was deposed uniustly Secondly the House of Lancaster alledgeth for the justifying of this deposition the opinions of all Historiographers that ever have written of this matter whether they be English French Dutch Latine or of any other Nation or Language who all with one accord do affirm that King Richards Government was intolerable and he worthy of deposition whereof he that will see more let him read Thomas of Walsingham and John Frosard in the life of King Richard Thirdly they of Lancaster do alledge the particular outrages and insolencies of King Richards Government and first the suffering himself to be carried away with evil counsel of his favorites and then the perverting of all Laws generally under his Government as before you have heard out of Polidor the joyning with his Minions for oppressing the Nobility of which Stow hath these words The King being at Bristow with Robert de Vere Duke of Ireland and Michael de la Pole Earl of Suffolk devised how to take away the Duke of Glocester the Earls of Arundel Warwick Darby and Nottingham and others whose deaths they conspired Thus saith Stow. And after they executed the most part of their devices for that Thomas of Woodstock Duke of Glocester was made away without Law or Process the Earl of Arundel also was put to death and Warwick was banished and so was also Thomas Arundel Archbishop of Canterbury by like Injustice and the like was done to Henry Duke of Hertford and after of Lancaster and among other insolencies he suffered Robert Vere to dishonour and put from him his Wife a Noble and goodly young Lady as Stow saith and born of Lady Isabella King Richards Aunt that was daughter to King Edward the third and suffered Vere to marry another openly to her disgrace and dishonour of her Kindred And finally in the last Parliament that ever he held which was in the 21. year of his Reign commonly called the Evil Parliament he would needs have all authority absolute granted to certain favourites of his which Thomas Walsingham saith were not above 6 or 7. to determine of all matters with all full authority as if they only had been the whole Realm which was nothing indeed but to take all authority to himself only and Stow in his Chronicle hath these words following This Parliament began about the 15. of Sept. in the year 1397. at the beginning whereof Edward Stafford Bishop of Exeter Lord Chancellor of England made a proposition or Sermon in which he affirmed that the power of the King was alone and perfect of it self and those that do impeach it were worthy to suffer pain of the Law c. thus saith Stow by all which is evident how exorbitant and contrary to all Law and Equity this Kings Government was Fourthly and lastly those of Lancaster do alledge for justifying of this deprivation that Duke Henry was called home by express Letters of the more and better part of all the Realm and that he came wholly in a manner uâ—â—rmed considering his person for that Frosard saith he had but three Ships only out of Britany and Walsingham saith he had but 15. Lances and 4â—0 foot-men and the additions to Polâ—â—hronicon as before I noted do avouch that when he landed at Ravenspur in the County of York he had but threescore men in all to begin the Reformation of
daughter and Heir of Leonel Duke of Clarence and was Grandfather to the last Edmond by me named should be Heir apparent to the Crown if the King should chance to die without Issue To which objection those of Lancaster do answer first that Polydor doth erre in the person when he saith that Edmond Husband of Lady Philippa was declared for Heir apparent for that this Edmond Mortimer that married Lady Philippa died peaceably in Ireland three years before this Parliament was holden to wit in the year of Christ 1382. as both Hollingshed Stow and other Chroniclers do testifie and therefore Polydor doth erre not only in this place about this man but also in that in another place he saith that this Edmond so declared Heir apparent by King Richard was slain by the Irish in Ireland 12 years after this declaration made of the succession to wit in the year 1394. which was indeed not this man but his Son Roger Mortimer Heir to him and to the Lady Philippa his Wife who was declared Heir apparent in the Parliament aforesaid at the instance of King Richard and that for especial hatred and malice as these men say which he did bear against his said Uncle the Duke of Lancaster and his Son Henry whom he desired to exclude from the succession The cause of this hatred is said to be for that presently upon the death of Prince Edward Father to this Richard which Prince died in the year of Christ 1376. and but 10. months before his Father King Edward the third there wanted not divers learned and wise men in England that were of opinion that John of Gaunt Duke of Lancaster eldest Son then living of the said King Edward should have succeeded his Father jure propinquitatis before Richard that was but Nephew and one degree further off then he but the old King was so extremely affectionate unto his eldest Son the black Prince Edward newly dead that he would not hear of any to succeed him as Frosard saith but only Richard the said Prince's Son Wherefore he called presently a Parliament which was the last that ever he held and therein caused his said Nephew Richard to be declared Heir apparent and made his three Sons then living that were Uncles to the Youth to wit John of Gaunt Duke of Lancaster Edmond Langley Duke afterwards of York and Thomas Woodstock Duke of Gloucester to swear Fealty unto Richard as they did And albeit John of Gaunt all his life after for keeping of his Oath that he had made unto his Father never pretended any Right to the Crown yet King Richard knowing well the pretence that he and his might have was still afraid of him and sought infinite means to be rid of him first by perswading him to go and make War in Spain where he thought he might miscarry in so dangerous an attempt and then offering to give him all Aquitain if he would leave England to go and live there as he did for three years with extreme peril for that the people of Aquitain would not receive him but rose against him and refused his Government and would not admit him for their Lord but appealed to the King who also allowed thereof and so when John of Gaunt came home into England again King Richard thought no better way to weaken him then to banish his Son Henry Duke of Hertford and so he did And besides this the said King Richard practised also by divers secret drifts the death of his said Uncle the Duke of Lancaster as Walsingham witnesseth and when the said Duke came at length to die which was in the 22. year of King Richard's reign he wrote such joyous Letters thereof as Frosard saith to his Father-in-law Charles the sixth King of France as though he had been delivered of his chiefest Enemy not imagining that his own destruction was so near at hand and much accelerated by the death of the said Duke as it was And these were the causes say the favourers of the House of Lancaster why King Richard caused this Act of Parliament to pass in favour of Roger Mortimer and in prejudice of the House of Lancaster and not for that the right of Earl Mortimer was better then that of the Duke of Lancaster And this they say is no new thing for Princes oftentimes to procure partial Laws to pass in Parliament for matter of Succession according to their own affections for the like say they did Edward the third procure in the favour of this Richard as before I have shewed in the last Parliament before his death and afterward again King Richard the third with much more open Injustice caused an Act of Parliament to pass in his days whereby his Nephew John de la Pole Earl of Lincoln Son to his Sister Elizabeth Dutchess of Suffolk was declared Heir apparent to the Crown excluding thereby the Children of his two elder Brothers to wit the daughters of King Edward the fourth and the Son and daughter of George Duke of Clarenoe which yet by all order should have gone before their Sisters Children And like facility found King Henry the 8th to get the consent of two Parliaments to give him Authority to appoint what Successor he would of his own Kindred by which Authority afterward he appointed by his Testament as in another place shall be shewed that the Issue of his younger Sister Mary should be preferred before the Issue of his eldest Sister Margaret of Scotland A like declaration was that also of King Edward the sixth of late memory who appointed the Lady Jane Gray his Cousen-german removed to be his Heir and Successor in the Crown of England and excluded his own two Sisters the Lady Mary and the Lady Elizabeth from the same but these declarations make little to the purpose when right and equity do repugn as these men say that it did in the foresaid declaration of Roger Mortimer to be Heir apparent for that they hold and avouch the House of Lancaster to have had the true right to enter not only after the death of King Richard the second as it did but also before him that is to say immediately upon the death of King Edward the third for that John of Gaunt was then the eldest Son which King Edward had living and nearer to his Father by a degree then was Richard the Nephew About which point to wit whether the Uncle or Nephew should be preferred in Succession of Kingdoms it seemeth that in this age of King Edward the third there was great trouble and controversie in the World abroad for so testifieth Girard du Haillan Councellor and Secretary of France in his History of the year of Christ 1346. which was about the midst of King Edwards Reign and therefore no marvel though King Edward took such care of the sure establishing of his Nephew Richard in Succession as is before related And much less marvel is it if K.
married to the King of Norway all which Issue and Line ended about the year 1290. David younger Brother to King William had Issue two daughters Margaret and Isabel Margaret was married to Alain Earl of Galloway and had Issue by him a daughter that married John Balliol Lord of Harcourt in Normandy who had Issue by her this John Balliol Founder of Balliol Colledge in Oxford that now pretended to the Crown as descended from the eldest daughter of David in the third descent Isabel the second daughter of David was married to Robert Bruse Earl of Cleveland in England who had Issue by her this Robert Bruse Earl of Carick the other competitor Now then the question between these two competitors was which of them should Succeed either John Balliol that was Nephew to the elder daughter or Robert Bruse that was Son to the younger daughter and so one degree more near to the Stock or Stem then the other And albeit King Edward the first of England whose power was dreadful at that day in Scotland having the matter referred to his arbitrement gave sentence for John Balliol and Robert Bruse obeyed for the time in respect partly of fear and partly of his Oath that he had made to stand to that Judgment yet was that sentence held to be unjust in Scotland and so was the Crown restor'd afterward to Robert Bruse his Son and his posterity doth hold it unto this day In England also it self they alledge the examples of K. Henry the first preferred before his Nephew William Son and Heir to his elder Brother Robert as also the example of K. John preferred before his Nephew Arthur Duke of Britany for that King Henry the second had four Sons Henry Richard Geffery and John Henry died before his Father without Issue Richard Reigned after him and died also without Issue Geffery also died before his Father but left a Son named Arthur Duke of Britany by right of his Mother But after the death of King Richard the question was who should Succeed to wit either Arthur the Nephew or John the Uncle but the matter in England was soon desided for that John the Uncle was preferred before the Nephew Arthur by reason he was more near to his Brother dead by a degree then was Arthur And albeit the King of France and some other Princes abroad opposed themselves for stomack against this Succession of King John yet say these favourers of the House of Lancaster that the English inclined still to acknowledge and admit his right before his Nephew and so they proclaimed this King John for King of England while he was yet in Normandy I mean Hubert Archbishop of Canterbury Eleanor the Queen this Mother Geffery Fitz-peter chief Judge of England who knew also what law meant therein and others the Nobles and Barons of the Realm without making any doubt or scruple of his title to the Succession And whereas those of the House of York do alledge that King Richard in his life time when he was to go to the holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown and thereby did shew that his title was the better they of Lancaster do answer first that this declaration of King Richard was not made by act of Parliament of England for that King Richard was in Normandy when he made this declaration as plainly appeareth both by Polidor and Hollingshed Secondly that this declaration was made the sooner by King Richard at that time thereby to repress and keep down the ambitious humor of his Brother John whom he feared least in his absence if he had been declared for Heir apparent might invade the Crown as indeed without that he was like to have done as may appear by that which happened in his said Brothers absence Thirdly they shew that this declaration of King Richard was never admitted in England neither would Duke John suffer it to be admitted but rather caused the Bishop of Ely that was left Governour by King Richard with consent of the Nobility to renounce the said declaration of King Richard in favour of Arthur and to take a contrary Oath to admit the said John if King Richard his Brother should die without Issue and the like Oath did the said Bishop of Ely together with the Archbishop of Roan that was left in equal Authority with him exact and take of the Citizens of London when they gave them their Priviledges and Liberties of Commonalty as Hollingshed recordeth And lastly the said Hollinshed writeth how that King Richard being now come home again from the War of Jerusalem and void of that jealousie of his Brother which before I have mentioned he made his last Will and Testament and ordained in the same that his Brother John should be his successor and caused all the Nobles there present to swear Fealty unto him as to his next in bloud for which cause Thomas Walsingham in his story writeth these words Johannis filius junior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo jure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius which is John younger Son of Henry the second King of England and of Eleanor Dutchess of Aquitain was declared successor of the Crown not only by Law and right of nearness of bloud but also by the Will and Testament of Richard his Brother Thus much this ancient Chronicler speaketh in the testifying of King John's Title By all which examples that fell out almost within one age in divers Nations over the World letting pass many others which the Civilian touched in his discourse before for that they are of more ancient times these favourers of the House of Lancaster do infer that the right of the Uncle before the Nephew was no new or strange matter in those days of King Edward the third and that if we will deny the same now we must call in question the succession and right of all the Kingdoms and States before-mentioned of Naples Sicily Spain Britany Flanders Scotland and England whose Kings and Princes do evidently hold their Crowns at this day by that very Title as hath been shewed Moreover they say that touching Law in this point albeit the most famous Civil Lawyers of the World be somewhat divided in the same matter some of them favouring the Uncle and some other the Nephew and that for different reasons as Baldus Oldratus Panormitanus and divers others alledged by Gulielmâ—â— Benedictus in his Repetitions in favour of the Nephew against the Uncle And on the other side for the Uncle before the Nephew Bartolus Alexander Decius Altiatus Cujatius and many other their followers are recounted in the same place by the same man yet in the end Baldus that is held for head of the contrary side for the Nephew after all reasons weighed to and fro he cometh to conclude
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
were exasperated by the proceedings of their seventh King named Lucius Tarquinus surnamed the proud who for that as Livius saith he neglected the Laws of Government prescribed to him by the Commonwealth as namely in that he consulted not with the Senate in matters of great importance and for that he made War and Peace of his own head and for that he appointed to himself a Guard as though he had mistrusted the People and for that he did use Injustice to divers particular men and suffered his Children to be insolent he was Expelled with all his Posterity and the Government of Rome changed from a Kingdom unto the Regiment of Consuls after that the other had endured two hundred years And thus much for those Kingdoms of Italy and Greece And if likewise we will look upon other Kingdoms of Europe we shall see the very same to wit that every Kingdom and Country hath its Laws prescribed â—o their Kings by the Common-wealth both for their Government Authority and Succession in the same For if we behold the Roman Empire it self as it is at this day annexed to the German Electors though it be the first in dignity among Christian Princes yet shall we see it so restrained by particular Laws as the Emperor can do much less than other Kings in theirs for he can neither make War nor exact any contribution of Men or Money thereunto but by the free leave and consent of the German Dyet or Parliament and for his Children or next in Kin they have no Action Interest or Pretence at all to succeed in their Fathers Dignity but only by free Election if they shall be thought worthy Nay one of the chiefest points that the Emperor must swear at his entrance as Sleydan writeth is this That he shall never go about to make the Dignity of the Emperor peculiar or hereditary to his Family but leave it unto the seven Electors free in their power to chuse his Successor according to the Law made by Pope Gregory the fifth and the Emperor Charles the fourth in this behalf The Kingdoms of Polonia and Bohemia do go much after the same fashion both for their restraint of Power and Succession to their Kings For first touching their Authority they have great limitation neither can they do any thing of great moment without the consent of certain principal men called Palatines or Castellans neither may their Children or next of Bloud succed except they be chosen as in the Empire In Spain France and England the priviledges of Kings are far more eminent in both these points for that both their Authority is much more absolute and their next in Bloud do ordinarily succeed but yet in different manner For as touching Authority it seemeth that the Kings of Spain and France have greater than the King of England for that every Ordination of these two Kings is Law in it self without further approbation of the Commonwealth where no general Law can be made without consent of Parliament But in the other point of Succession it appeareth that the restraint is far greater in those other two Countries than in England for that in Spain the next in Bloud cannot succeed be he never so lawfully descended but by a new approbation of the Nobility and Bishops and States of the Realm as it is expresly set down in the two ancient Counsels of Tolledo the fourth and fifth In confirmation whereof we see at this day that the King of Spain's own Son cannot succeed nor be called Prince except he be first sworn by the said Nobility and States in token of their new consent and so we have seen it practiced in our days towards three or four of King Philip's Children which have succeeded the one after the other in the title of Princes of Spain and at every change a new Oath required at the Subjects hands for their admission to the said Dignity which is not used in the Kings Children of France or England In France the World knoweth how Women are not admitted to succeed in the Crown be they never so near in Bloud neither any of their Issue though it be Male. For which cause I doubt not but you remember how King Edward the third of England though he were Son and Heir unto a Daughter of France whose three Brethren were Kings and left her sole Heir to her Father King Philip the fourth surnamed the Fair yet was he put by the Crown as also was the King of Navar at the same time who was Son and Heir unto this Womans eldest Brothers Daughter named Lewis Huttin King of France which King of Navar thereby seemed to be before King Edward of England but yet were they both put by it and Philip de Vallois a Brothers Son of Philip the Fair was preferred to it by general Decree of the States of France and by Verdict of the whole Parliament of Paris gathered about the same Affair Neither did it avail that the two Kings aforesaid alledged That it was against Reason and Conscience and Custom of all Nations to exclude Women from the Succession of the Crown which appertained to them by propinquity of Bloud seeing both Nature and God hath made them capable of such Succession every where as appeareth by Example of all other Nations and in the Old Testament among the People of God it self where we see Women have been admitted unto Kingdoms by Succession But all this I say prevailed not with the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara Infanta of Spain unto the said Crown of France though by descent of Bloud there be no question of her next propinquity for that she is the eldest Child of the last Kings eldest Sister The like Exclusion is made against the Prince of Lorrain that now liveth though he be a Man and Nephew to the last King for that his Title is by a Woman to wit his Mother that was younger Sister unto the last King Henry of France And albeit the Law called Salica by the French-men by virtue whereof they pretend to Exclude the Succession of Women be no very ancient Law as the French themselves do confess and much less made by Pharamond their first King or in those ancient times as others without ground do afirm yet do we see that it is sufficient to bind all Princes and Subjects of that Realm to observe the same and to alter the course of natural descent and nearness of Bloud as we have seen and that the King of Navar and some other of his Race by vertue of this only Law do pretend at this day to be next in Succession to this goodly Crown though in nearness of Bloud they be farther off by many degrees from the last King Henry the third than either the foresaid Infanta of Spain or the Prince of Lorrain that now is who are Children of his
two Nephews of his as the Spanish Chronicler Garavay writeth was deposed of his Kingdom by a publick Act of Parliament in the Town of Valliodolid after he had Reigned thirty years and his own son Don Sancho the fourth was Crowned in his place who for his valiant Acts was sur-named el bravo and it turned to great commodity of the Common-Wealth The same Common-Wealth of Spain some years after to wit about the year of Christ 1368. having to their King one Don Pedro sur-named the Cruel for his injurious proceeding with his Subjects though otherwise he were lawfully seased of the Crown as Son and Heir to King Don Alonso the twelfth and had Reigned among them eighteen years yet for his evil Government they resolved to depose him and so sent for a Bastard Brother of his named Henry that lived in France requesting him that he would come with some force of French-men to assist them in that Act and take the Crown upon himself which he did and by the help of the Spaniards and French Souldiers he drove the said Peter out of Spain and himself was Crowned And albeit Edward sur-named the black Prince of England by order of his Father King Edward the third restored once again the said Peter yet was it not durable for that Henry having the favour of the Spaniards returned again and deprived Peter the second time and slew him in Fight hand to hand which made shew of more particular favour of God in this behalf to Henry and so he remained King of Spain as doth also his progenie enjoy the same unto this day though by nature he was a Bastard as had been said and notwithstanding that King Peter left two Daughters which were led away into England and there Married to great Princes And this King Henry so put up in his place was called King Henry the second of this name and proved a most excellent King and for his great Nobility in conversation and prowess in Chivalry was called by excellency El cavallero the Knightly King and for his exceeding benignity and liberality was sur-named also El delas mercedes which is to say the King that gave many gifts or the liberal franck and bountiful King which was a great change from the other sur-named Cruel that King Peter had before and so you see that always I give you a good King in place of the bad deposed In Portugal also before I go out of Spain I will alledge you one example more which is of Don Sancho the second sur-named Capello fourth King of Portugal lawful Son and Heir unto Don Alonso sur-named el Gardo who was third King of Portugal This Don Sancho after he had Reigned 34. years was deprived for his defects in Government by the universal consent of all Portugal and this his first deprivation from all Kingly rule and Authority leaving him only the bare name of King was approved by a General Councel in Lions Pope Innocent the fourth being there present who at the Petition and Instance of the whole Realm of Portugal by their Embassadors the Arch-Bishop of Braga Bishop of Comibra and divers of the Nobility sent to Lyons for that purpose did Authorise the said State of Portugal to put in Supream Government one Don Alonso Brother to the said King Don Sancho who was at that time Earl of Bullen in Picardy by right of his Wife and so the Portugals did And further also a little after they deprived their said King and did drive him out of his Realm into Castilla where he liv'd all the rest of his Life in Banishment and Dyed in Toledo without ever returning and this decree of the Councel and Pope at Lyons for Authorising of this fact is yet extent in our Cannon Law in the sixt Book of Decretals now in Print And this King Don Alonso the third which in this sort was put up against his Brother was peaceably and prosperously King of Portugal all the days of his life and he was a notable King and among other great Exploits he was the first that set Portugal free from all Subjection Dependance and Homage to the Kingdom of Castile which unto his time it had acknowledged and he left for his Successor his Son and Heir Don Dionysio el Fabricador to wit the great Builder for that he Builded and Founded above forty and four great Towns in Portugal and was a most rare Prince and his off-spring ruleth in Portugal unto this day Infinite other Examples could I alledge if I would examine the Lives and Descents of these and other Kingdoms with their Princes and namely if I would speak of the Greek Emperors deprived for their evil Government not so much by popular Mutiny which often happened among them as by consent and grave deliberation of the whole State and weal-publick as Michael Calaphatos for that he had trodden the Cross of Christ under his Feet and was otherwise also a Wicked Man As also the Emperour Nicephorus Botoniates for his Dissolute Life and preferring Wicked Men to Authority and the like whereof I might name many but it would be too long What should I name here the deposition made of Princes in our days by other Common-Wealths as in Polonia of Henry the third that was last King of France and before that had been Sworn King of Polonia of which Crown of Polonia he was deprived by publick Act of Parliament for his departing thence without License and not returning at his day by the said State appointed and denounced by publick Letters of Peremptory Commandment which are yet extant What should I name the Deprivations of Hen. late King of Suetia who being lawful Successor and lawfully in possession after his Father Gustanus was yet put down by that Common-Wealth and deprived and his Brother made King in his place who if you remember was in Ireland in the beginning of this Queens Reign and whose Son Reigneth at this day and is King also of Polonia and this Fact was not only allowed of at home by all the States of that Countrey but also abroad as namely of Maximilian the Emperor and approved also by the King of Denmark and all the Princes of Germany near about that Realm who saw the reasonable cause which that Common-Wealth had to proceed as it did And a little before that the like was practised also in Denmark against Cisternus their lawful King if we respect his descent in Bloud for he was Son to King John that Reigned afore him and Crowned in his Fathers life but yet afterwards for his Intolerable cruelty he was deprived and driven into Banishment together with his Wife and three Children all which were Disinherited and his Unkle Frederick Prince of Alsatia was chosen King whose Progeny yet remaineth in the Crown and the other though he were married to the Sister of Charles the fifth and last Emperour of that Name and were
of Kin also to King Henry the eighth of England yet could he never get to be restored but passed his time miserably partly in Banishment and partly in Prison until he died But it shall be best perhaps to end this short Narration with an Example or two out of England it self for that no where else have I read more remarkable accidents touching this point than in England but for brevity sake I shall only touch two or three that have happened since the Conquest for that I will go no higher though I might as appeareth by the Example of King Edwin and others neither will I begin to stand much upon the Example of King John though well also I might for that by his evil Government he made himself both so odious at home and contemptible abroad having lost Normandy Gascoin Guyen and all the rest in effect which the Crown of England had in France as first of all he was both Excommunicated and Deposed by the Sentence of the Pope at the Suit of his own people and was forced to make his peace by resigning his Crown into the hands of Pandulf the Pope's Legaâ—e as Polidor recounteth and afterwards falling back again to his old defects and naughty Government albeit by his promise to the Pope to go and make War against the Turks if he might be quiet at home and that his Kingdom should be perpetually tributary to the See of Rome he procured him to be of his side for a time and against the Barons yet that stayed not them to proceed to his Deprivation which they did effectuate first at Canterbury and after at London in the 18 th and last year of King John's Reign and meant also to have disinherited his Son Henry which was afterwards named King Henry the 3 d. and at that time a Child of Eight years old only and all this in punishment of the Father if he had lived and for that cause they called into England Lodowick Prince of France Son to King Philip the second and Father to St. Lewis the ninth and chose him for their King and did swear him Fealty with general consent in London in the year of our Lord 1216. And but that the Death of King John that presently ensued alter'd the whole course of that defignment and moved them to turn their purposes and accept of his Son Henry before matters were fully established for King Lodowick it was most likely that France and England would have been joyned by these means under a Crown But in the end as he said King Henry the third was admitted and he proved a very worthy King after so evil as had gone before him and had been Deposed which is a circumstance that you must always note in this Narration and he reigned more years than ever King in England did before him for he reigned full Fifty three years and left his Son and Heir Edward the first not inferiour to himself in Manhood and Virtue who reigned 34 years and left a Son named Edward the second who falling into the same or worse defects of Government than King John his Great-Grand-father had done was after 19 years reign Deposed also by Act of Parliament holden at London in the year 1326. and his Body adjudg'd to perpetual Imprisonment he being Prisoner at that present in the Castle of Wallingford whither divers both Bishops Lords and Knights of the Parliament were sent unto him to denounce the Sentence of the Realm against him viz. How they had deprived him and chosen Edward his Son in his stead For which act of choosing his Son he thanked them heartily and with many tears acknowledged his own unworthiness whereupon he was degraded his Name of King first taken from him and he appointed to be called Edward of Carnarvan from that hour forward and then his Crown and Ring were taken away and the Steward of his House brake the Staff of his Office in his presence and discharged his Servants of their Service and all other people of their Obedience or Allegiance towards him And towards his maintenance he had only a hundred Marks a year allowed for his Expences and then was he delivered also into the hands of certain particular Keepers who led him Prisoner from thence by divers other places using him with extreme indignity in the way until at last they took his Life from him in the Castle of Barklay and his Son Edward the third reigned in his place who if we respect either Valour Prowess length of Reign Acts of Chivalry or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had though he were chosen in the place of a very evil one as you have seen But what shall we say Is this worthiness which God giveth commonly to the Successors at these changes perpetual or certain by Descent No truly noâ— the example of one Prince's punishment maketh another to bewares for the next Successor after this noble Edwardâ— which was King Richard the second though he were not his Son but his Sons Son to wit Son and Heir to the renowned Black Prince of Walâ—s This Richard I say forgetting the miserable end of his Great-Grand-father for evil Government and the felicity and virtue of his Father and Grand-father for the contrary suffered himself to be abused and misled by evil Counsellors to the great hurt and disquiet of the Realm For which cause after he had reigned 22 years he was also Deposed by Act of Parliament holden in London in the year of our Lord 1399. and condemned to perpetual Imprisonment in the Castle of Pontefract where he was soon after put to death also and used as the other before had been And in this man's place by free Election was chosen for King the noble Knight Henry Duke of Lancaster who proved afterwards so notable a King as the World knoweth and was Father to King Henry the fifth commonly called the Alexander of England for that as Alexander the Great conquered the most part of Asia in the space of 9 or 10 years so did this Henry conquer France in less than the like time I might reckon also in this number of Princes Deposed for defect in Government though otherwise he were no evil man in life this King Henry the fourths Nephew I mean King Henry the sixth who after almost forty years Reign was Deposed and Imprisoned and put to death also together with his Son the Prince of Wales by Edward the fourth of the House of York and the sameâ— was confirmed by the Commons and especially by the people of London and afterwards also by publick Act of Parliament in respect not only of the Title which King Edward pretended but also and especially for that King Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parliament between
as also he left a little Infant newly born of his lawful Wife Adeltrude Daughter to King Alfred of England which infant was King of France afterwards by the name of Charles the Simple albeit not immediatly after the death of his Father for that the Nobles of France said that they had need of a Man to be King and not a Child as Gerard reporteth and therefore the whole State of France chose for their Kings the two foresaid Bastards Luys the third and Carlomon the First of that name jointly and they were Crowned most solemnly and divided the whole Realm between them in the year of Christ 881. and Queen Adelâ—rude with her child true Heir of France fled into England to her Father and there brought him up for divers years in which time she saw four or five Kings Reign in his place in France one after the other for briefly thus it passed Of these two Bastard Kings the Elder named Luys reigned but four years and died without issue the second that is Carlomon lived but one year after him and left a son called also Luys which succeeded in the Kingdom by the name of Luys the Fifth and sirnamed Faineant for his idle and slothful life For which as also for his vitious behaviour and in particular for taking out and marrying a Nun of the Aâ—bey of S. Baudour at Chels by Paris he was deprived and made a Monk in the Abbey of S. Denis where he died and in his place was chosen King of France and Crowned with great Solemnity Charles the Fourth Emperour of Rome sirnamed le Gros for that he was fat and corpulent he was Nephew to Charles the Bald before mentioned and therefore the French Stories say that he came to the Crown of France partly by Succession and partly by Election but for Succession we see that it was nothing worth for so so much as Charles the Simple the right Heir was alive in England whom it seemeth that the French men had quite forgotten seeing that now they had not only excluded him three times already as you have heard but afterwards also again when this Gross Charles was for his evil Government by them deposed and deprived not only of the Kingdom of France but also of his Empire which he had before he was King and was brought into such miserable penury as divers write that he perished for want At this time I say the States of France Would not yet admit Charles the Simple though hitherto his Simplicity did not appear but he seemed a goodly Prince but rather they chose for King one Odo Earl of Paris and Duke of Angiers and caused him to be Crowned But yet after a few years being weary of this man's Government and moved also somewhat with compassion towards the Youth that was in England they resolved to depose Odo and so they did whilst he was absent in Gascony and called Charles the Simple out of England to Paris and restored him to the Kingdom of France leaving only to Odo for Recompense the State of Aquitaine with Title of a Duke wherewith in â—ine he contented himself seeing that he could get no more But yet his Posterity by vertue of this Election pretended ever after a Title to the Crown of France and never left it off until at length by Hugo Capetus they got it for Hugh descended of this King and Duke Odo This King Charles then sirnamed the Simple an English Womans Son as you have heard being thus admitted to the Crown of France he took to Wife an English Woman named Elgina or Odin Daughter of King Edward the Elder by whom he had a Son named Lowys and himself being a Simple man as hath been said was allured to go to the Castle of Peronne in Picardy where he was made Prisoner and forced to resign his Kingdom unto Ralph King of Burgundy and soon after he dyed through Misery in the same Castle and his Queen Ogin fled into England with her little son Luys unto her Uncle King Adelstan as Queen Adeltrude had done before with her Son unto King Alfred and one of the Chief in this Action for putting down of the Simple was Counte Hugh sirnamed the Great Earle of Paris Father unto Hugo Capetus which after was King But this new King Ralph lived but three Years after and then the States of France considering the right Title of Luys the lawful child of King Charles the Simple which Luys was commonly called now in France by the name of d' Outremer that is beyond Sea for that he had been brought up in England the said States being also greatly and continually solicited hereunto by the Embassadours of King Adelstan of England and by William Duke of Normandy sirnamed Long Spear Great Grandfather to William the Conquerour who by the King of England was gained also to be of the young Princes part for these Considerations I say they resolved to call him into France out of England as his Father had been before him and to admit and Crown him King and so they did and he Reigned 27 Years and was a good Prince and dyed peaceably in his Bed in the Year of Christ 945. This King Luys d' Outremer left two Sons behind him the Eldest was called Lothaire the First who succeeded him in the Crown of France the Second was named Charles whom he made Duke of Loraine Lothaire dying left one onely Son named Luys as his Grandfather was who was King of France by the name of Luys the V. and dying without issue after two Years that he had Reigned the Crown was to have gone by Lineal Succession unto his Uncle Charles the Duke of Lorayne second Son to Luys d' Outremer as is evident but the States of France did put him by it for mislike they had of his Person and did chuse Hugo Capetus Earl of Paris and so ended the Second Line of Pepin and of Charles the Greâ—t and entred the Race of Hugo Capetus which endureth unto this day and the French Stories do say that this Sirname Capet was given to him when he was a boy for that he was wont to snatch away his Fellows Caps from their Heads whereof he was termed Snatch-Cap which some do interpret to be an Abodement that he should snatch also a Crown from the true Owners Head in time as afterwards we see it fell out though yet he had it by Election and Approbâ—tion of the Commonwealth as I have said And in this respect all the French Chroniclers who otherwise are most earnest Defenders of their Law of Succession do justify this Title of Hugo Capetus against Charles for which cause Francis Belforest doth alledge the saying of William Nangis an antient and diligent-Chronicler of the Abbey of S. Denys in France who defendeth King Capetus in these words We may not grant in any case that Hugh Capet may be esteemed an Invader or Vsurper
But this Hardicanutus being dead also upon the sudden at a certain Banquet in Lambeth by London without issue within two years after his Coronation the States of the Realm had determined to chuse Aludred for their King who was younger Brother to Edward and for that cause sent for him out of Normandy as Polidor recounteth and had made him King without all doubt for that he was esteemed more Stirring and Valiant than his elder Brother Edward had not Earl Goodwin of Kent fearing the young man's stomach raised a strong Faction against him and thereupon also caused him to be traiterously murthered as he passed through Kent towards London nor had the State herein any respect to Antiquity of Bloud for that before Alfred were both his own elder Brother Prince Edward who after him was chosen King and before them both were Edmond and Edward the Children of their elder Brother Edmond Ironside as hath been said and this is the third Breach of Lineal Descent But this notwithstanding Alured being slain Prince Edward was made King tanta publica laetitta saith Polidor ut certatim pro ejus saelici Principatu cuncti vot a facerent That is He was made King with such universal joy and contentment of all men as every man contended who should pray and make most Vows to God for his happy Reign And according to this was the Success for he was a most Excellent Prince and almost miraculously he Reigned with great Peace and void of all War at home and abroad for the space of almost twenty years after so infinit Broils as had been before him and ensued after him and yet his Title by Succession cannot be justified as you see for that his eldest Brothers Son was then alive to wit Prince Edward sirnamed the Outlaw who in this Kings Reign came into England and brought his Wife and three lawful Children with him to wit Edgar Margaret and Christian but yet was not this good King Edward so scrupulous as to give over his Kingdom to any of them or to doubt of the Right of his own Title which he had by Election of the Commonwealth against the Order of Succession This King Edward being dead without issue Polidor saith that the States made a great Consultation whom they should make King and first of all it seemeth they excluded him that was only Next by Propinquity in Bloud which was Edgar Adelin Son to the said Prince Edward the Outlaw now departed and Nephew to King Edmond Ironside and the reason of this exclusion is alledged by Polidor in these words is puer id aetatis nondum regno gubernando maturus erat That is he being a Child of so small-years was not ripe enough to Govern the Kingdom And then he saith that Harald Son of Earl Goodwin by the Daughter of Canutus the First proclaimed himself King and moreover he addeth Non displicuit omnino id factum populo qui plurimum sâ—ei in Haraldi virtute habebat itaque more majorum sacratus est which is This fact of Harald displeased not at all the People of England for that they had great hope in the vertue of this Harald and so was he Anointed and Crowned according to the Fashion of the antient Kings of England By which words we may see that Harald had also the approbation of the Realm to be King notwithstanding that little Edgar was present as hath been said so as this was the fourth Breach of Succession at this time But in the mean space William Duke of Normandy pretended that he was chosen before by King Edward the Confessor and that the Realm had given their consent thereunto and that King Edward left the same testified in his last Will and Testament and albeit none of our English Authors do avow the same clearly yet do many other foreign Writers hold it and it seemeth very probable that some such thing had past both for that Duke William had many in England that did favour his Pretence at his entrance as also as Gerard in his French Story saith that at his first Coming to London he punished divers by name for that they had broken their Oaths and Promises in that behalf And moreover it appeareth that by alledging this Title of Election he moved divers Princes abroad to favour him in that Action as in a just Quarrel which is not like they should have done if he had pretended only a Conquest or his Title of Consanguinity which could be of no importance in the World for that effect seeing it was no other but that his Grandfather and King Edward's Mother were Brother and Sister which could give him no pretence at all to the Succession of the Crown by Bloud and yet wee see that divers Princes did assist him and among others the French Chronicler Gerard so often named before writeth that Alexander the second Pope of Rome whose Holiness was so much esteemed in those days as one Constantinus Afer wrot a Book of his Miracles being informed by Duke William of the Justness of his pretence did send him his Benediction and a precious Ring of Gold with an Hallowed Banner by which he got the Victory thus writeth Gerard in his French Chronicles and Antoninus Archbishop of Florence sirnamed Sainct writing of this matter in his Chronicles speaketh great good of William Conquerour and commendeth his Enterprize But howsoever this was the Victory we see he got and God prospered his Pretence and hath confirmed his Off-spring in the Crown of England more than 500. Years together So as now accounting from the the death of King Edmond Ironside unto this man we shall find as before I have said in less than 50 Years that 5. or 6. Kings were made in England one after another by only Authority and Approbation of the Commonwealth contrary to the ordinary Course of Lineal Succession by Propinquity of Blood And all this is before the Conquest but if we should pass any further down we should find more Examples than before For First the two Sons of the Conquerour himself that succeeded after him to wit William Rufus and Henry the I. were they not both younger Brothers to Robert Duke of Normandy to whom the most part of the Realm was inclined as Polydor saith to have given the Kingdom presently after the Conquerours death as due to him by Succession notwithstanding that William for particular displeasure against his elder Son had ordained the contrary in his Testament But that Robert being absent in the War of Hierusalem the Holy and Learned man Laufranke as he was accounted then Archbishop of Canterbury being deceived with vain hope of William Rufus's good nature perswaded them the contrary who was at that day of high Estimation and Authority in England and so might induce the Realm to do what he liked By like means got Henry his younger Brother the same Crown afterwards to wit by fair Promises to the
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
and Chartres in France and the other two Polidor said dyed before they were Married and so their names were not Recorded These are the Children of King William the Conqueror among whom after his death there was much strife about the Succession For first his eldest Son Duke Robert who by order of Ancestrie by birth should have succeeded him in all his Estates was put back first from the Kingdom of England by his third Brother William Rufus upon a pretence of the Conquerors Will and Testament for particular affection that he had to this his said third Son William though as Stow Writeth almost all the Nobility of England were against William's entrance But in the end agreement was made between the two Brothers with the condition that if William should dye without Issue then that Robert should succeed him and to this accord both the Princes themselves and twelve principal Peers of each side were Sworn but yet after when William dyed without Issue this was not observed but Henry the fourth Son entred and deprived Robert not only of this his Succession to England but also of his Dukedom of Normandy that he had enjoyed peaceably before all the time of his Brother Rufus and moreover he took him Prisoner and so carried him into England and there kept him till his death which happened in the Castle of Cardif in the year 1134. And whereas this Duke Robert had a goodly Prince to this Son named William who was Duke of Normandy by his Father and Earl of Flanders in the right of his grand Mother that was the Conquerors Wife and Daughter of Baldwin Earl of Flanders as hath been said and was established in both these States by the help of Lewis the VI. surnamed Le Gros King of France and admitted to do homage to him for the said States his Uncle King Henry of England was so violent against him as first he drove him out of the state of Normandy and secondly he set up and maintained a Competitor or two against him in Flanders by whom finally he was slaine in the year of Christ 1128. before the Town of Alost by an Arrow after he had gotten the upper hand in the Field and so ended the race of the first Son of King William the Conquerour to wit oâ— Duke Robert which Robert lived after the Death of his said Son and Heir Duke William Six years in Prison in the Castle of Cardiff and pined away with sorrow and misery as both the French and English Histories do agree The second Son of the Conqueror named Richard dyed as before hath been said in his Fathers time and left no Issue at all as did neither the third Son William Rufus though he Reigned 13. years after his Father the Conqueror in which time he established the Succession of the Crown by consent of the States of England to his elder Brother Duke Roberts issue as hath been said though afterwards it was not observed This King Rufus came to the Crown principally by the help and favour of Lanfrancus Archbishop of Canterbury who greatly repented himself afterward of the error which in that point he had committed upon hopes of his good Government which proved extream evil But this King William Rufus being slayn afterward by the Arrow of a Cross-bow in Newforrest as is well known and this at such time as the foresaid Duke Robert his elder Brother to whom the Crown by Succession apperteined was absent in the War of the Holy Land where according as most Authors do Write he was chosen King of Hierusalem but refused it upon hope of the Kingdom of England But he returning home found that his fourth Brother Henry partly by fair promises and partly by force had invaded the Crown in the year 1110. and so he Reigned 35. years and had Issue divers Sons and Daughters but all were either drounded in the Seas coming out of Normandy or else dyed otherwise before their Father except only Mathildis who was first Married to Henry the Emperour fifth of that name and after his death without Issue to Geffrey Plantagenet Duke of Anjow Touraine and Maine in France by whom she had Henry which Reigned after King Stephen by the name of Henry the II. And thus much of the Sons of William the Conqueror Of his two Daughters that lived to be Married and had Issue the elder named Constance was Married to Alayn Fergant Duke of Britain who was Son to Hoel Earl of Nants and was made Duke of Britain by William the Conquerors means in manner Following Duke Robert of Normanyd Father to the Conqueror when he went on Pilgrimage unto the Holy Land in which Voyage he dyed left for Governour of Normandy under the protection of King Henry the first of France Duke Alayne the first of Britain which Allayn had Issue Conan the first who being a stirring Prince of about 24. years old when Duke William began to treat of passing over into England he shewed himself not to favour much that enterprise which Duke William fearing caused him to be Poysoned with a pair of perfumed Gloves as the French stories do report and caused to be set up in his place and made Duke one Hoel Earl of Nantes who to gratifie William sent his Son Alaine surnamed Fergaâ—t with 5000. Souldiers to pass over into England with him and so he did and William afterward in recompence thereof gave him his eldest Daughter Constantia in Marriage with the Earldom oâ— Richmond by whom he had Issue Conan the second surnamed le Gross who had Issue a Son and a Daughter The Son was called Hoel as his Grand-Father was and the Daughters name was Bertha Married to Eudo Earl of Porhet in Normandy and for that this Duke Conan liked better his Daughter and his Son in-law her Husband then he did Hoel his own Son he disavowed him on his Death Bead and made his said Daughter his Heir who had by the said Eudo a Son named Conan surnamed the younger which was the third Duke of that name and this man had one only Daughter and Heir named Lady Constance who was Married to the third Son of King Henry the second named Geffrey and elder Brother to King John that after came to Reign and by this Lord Geffrey she had Issue Arthur the second Duke of Britain whom King John his Uncle put back from the Crown of England and caused to be put to death as after shall be shewed and he dying without Issue his Mother Constance Dutchess and Heir of Britain Married again with a Prince of her own House whom after we shall name in the prosecution of this Line and by him she had Issue that hath endured until this day the last whereof hitherto is the Lady Isabella infant of Spain and that other of Savoy her Sister whom by this means we see to have descended from King William the Conqueror by his eldest Daughter Lady
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
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
crime Secondly they say that the House of York did enter only by violence and by infinite bloudshed and by wilful murthering not only of divers of the Nobility both Spiritual and Temporal but also of both King Henry the sixth himself and of Prince Edward his Son and by a certain popular and mutinous election of a certain few Souldiers in Smithfield at London and this was the entrance of the House of York to the Crown whereas King Henry the fourth first King of the House of Lancaster entred without bloudshed as hath been shewed being called home by the requests and letters of the people and Noblity and his election and admission to the Crown was orderly and authorized by general consent of Parliament in the doing thereof Thirdly they alledge that King Henry the sixth put down by the House of York was a good and holy King and had Reigned peaceably 40. years and never committed any act worthy deposition whereas King Richard the second had many ways deserved the same as himself came to acknowledge and thereupon made a personal solemn and publick resignation of the said Crown unto his Cousen Henry of Lancaster the which justified much the said Henry's entrance Fourthly they alledge that the House of Lancaster had been in possession of the Crown upon the point of 60â— years before the House of York did raise trouble unto them for the same in which time their Title was confirmed by many Parliaments Oaths approbations and publick Acts of the Commonwealth and by the Nobles Peers and people thereof and by the States both Spiritual and Temporal and with the consent of all foreign Nations so that if there had been any fault in their first entrance yet was this sufficient to authorize the same as we see it was in the title of King William the Conqueror and of his two Sons King William Rufus and King Henry the first that entred before their elder Brether and of King John that entred before his Nephew and of his Son King Henry the third that entred after his Fathers deprivation and after the election of Prince Lewis of France as also of Edward the third that entred by deposition of his own Father of all which Titles yet might there have been doubt made at the beginning but by time and durance of possession and by confirmation of the Commonwealth they were made lawful and without controversie Fifthly they say that if we consider the four King Henrys that have been of the House of Lancaster to wit the 4 5 6 and 7 and do compare them with the other four that have been of the House of York to wit Edward the fourth Richard the third Henry the eighth and Edward the sixth and all their acts both at home and abroad what quietness or troubles have passed and what the Commonwealth of England hath gotten or lost under each of them we shall find that God hath seemed to prosper and allow much more of those of Lancaster then of those of York for that under those of Lancaster the Realm hath enjoyed much more peace and gaining far greater honour and enlarged more the dominions of the Crown then under those of York and that it had done also much more if the seditions rebellions and troubles raised and brought in by the Princes of the House of York had not hindered the same as say these men it was evidently seen in the time of King Henry the sixth when their contention against the Princes of the House of Lancaster was the principal cause why all the English States in France were lost and what garboils and troubles at home have ensued afterwards and how infinite murthers and men slaughters with change of Nobility have been caused hereby and increased afterward under the Government and rule of the Princes of York needeth not say these men to be declared One thing only they note in particular which I will not omit and let it be the sixth note and that is that the Princes of York have not only been rigorous and very bloudy unto their adversaires but also among themselves and to their kindred which these men take to be a just punishment of God upon them And for proof hereof they alledge first the Testimony of Polydor who albeit he were a great advocate of the House of York as before hath been noted for that he lived and wrote his story under King Henry the eighth yet in one place he breaketh forth into these words of the Princes of this House Cum non haberent jam inimicos in quos saevitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine sâ—as pollure manus When these Princes now had brought to destruction all those of the House of Lancaster so as they had no more enemies upon whom to fill and satiate their cruelty then began they to exercise their fierceness upon themselves and to imbrew their hands with their own bloud Thus far Polydor. Secondly they do shew the same by the deeds of both sides for that the love union trust confidence faithfulness kindness and Loyalty of the Princes of Lancaster the one towards the other is singular and notorious as may appear by the acts and studious endeavours of the Lord Henry Bishop of Winchester and Cardinal and of the Lord Thomas Duke of Exceter and Marquis of Dorset Brothers of King Henry the fourth to whom and to his Children they were most faithful friendly and loyal as also by the noble proceedings of the Lords Thomas Duke of Clarence John Duke of Bedford and Humphry Duke of Glocester Sons of the forâ—said Henry the fourth and brothers of King Henry the fifth the first of which three gave his bloud in his service and the other two spent their whole lives in defence of the dignity of the English Crown the one as Regent of France the other as Protector of England by the worthy acts also and renowned faithfulness of the Dukes of Somerset Cousen-jeâ—â—ans to the said King Henry the fourth and to his Children and the proper Ancestors of King Henry the VII all which Dukes of Somerset of the House of Lancaster being five or six in number did not only as Polydor saith assist and help their Soveraign and the whole Realm Vigiliis curis periculis that is to say with watchfulness carâ—s and offering themselves to dangers but also four of them one after another to wit Edmond with his three Sons Henry Edmond and John whereof two successively after him were Dukes of Somerset and the Marquess of Dorset were all four I say as so many Maccabees slain in the defence of their Country and Family by the other faction of the House of York which thing say these men shewed evidently both a marvelous confidence that these men had in their quarrel as also a great blessing of God towards that Family that they had such love and union among themselves But now
of Mâ—ubray ceased and the title of the Dâ—kedâ—m of Norfolk was transferred afterward by King Richard the third unto the House of the Howardâ— Johâ— de lâ— Poole Duke of Suffolk that married the 〈◊〉 of King Edward the fourth and was his great asisstant though he left three Sons yet all were extinguished without Issue by help of the House of York for that Edmond the eldest Son Duke of Suffâ—â—k was beheaded by King Henry the eighth and his Brother Richard driven out of the Realm to his destruction as before hath been shewed and John their Brother Earl of Lincolne was slain at Stock-field in service of King Richard the third and so ended the Line of de la Pooles Richard â—ovel Earl of Salisbury a chief enemy to the House of Lancaster and exalter of York was taken at the battel of Wakefield and there beheaded leaving three Sons Richard John and George Richard was Earl both of Salisbury and Warwick surnamed the great Earl of Warwick and was he that placed King Edward the fourth in the Royal Seat by whom yet he was slain afterward at Barnet and the Lands of these two great Earldoms of Salisbury and Warwick were united to the Crown by his attâ—â—inder John his younger Brother was Marquess of Montague and after all assistance given to the said King Edward the fourth of the House of York was slain also by him at Barnet and his Lands in like manner confiscated to the Crown which yet were never restored again George Nevel their younger Brother was Archbishop of York and was taken and sent prisoner by the said King Edward unto Guyens who shortly pined away and died and this was the end of all the principal friends helpers and advancers of the House of York as these men do alledge Wherefore they do conclude that for all these reasons and many more that might be alledged the title of Lancaster must needs seem the beter title which they do confirm by the general consent of all the Realm at King Henry the seventh his coming in to recover the Crown from the House of York as from usurpersâ— for having had the victory against King Richard they Crowned him presently in the Field in the right of Lancaster before he married with the House of York which is a token that they esteemed his title of Lancaster sufficient of it self to bear away the Crown albeit for better ending of strife he took to Wife also the Lady Elizabeth Heir of the House of York as hath been said and this may be sufficient for the present in this controversy CHAP. V. Of five Principal Houses or Lineages that do or may pretend to the Crown of England which are the Houses of Scotland Suffolk Clarence Britany and Portugal and first of all of the House of Scotland which containeth the pretentions of the King of Scots and the Lady Arabella HAving declared in the former Chapter so much as appartaineth unto the general controversie between the two principal Hâ—â—ses and Royal families of Lancaster and York it remaineth now that I lay before you the particular challenges claims and pretentions which divers houses and families descended for the most part of these two have among themselves for their titles to the same All which families may be reduced to three or four general heads For that some do pretend by the House of Lancaster alone as those families principally that do descend of the Line Royal of Portugal some other do pretend by the House of York only as those that are descended of George Duke of Clarence second Brother to King Edward the fourth Some again will seem to pretend from both Houses joyned together as all those that descend from King Henry the seventh which are the Houses of Scotland and Suffolk albeit as before hath appeared others do deny that these families have any true part in the House of Lancaster which point shall afterward be discussed more at large And fourthly others do pretend before the two Houses of York and Lancaster were divided as the Infanta of Spain Dutchess of Savoy the Prince of Loraign and such others as have descended of the House of Britany and France of all which pretences and pretenders we shall speak in order and consider with indifferency what is said or alledged of every side to and fro beginning first with the House of Scotland as with that which in common opinion of vulgar men is taken to be first and nearest though others deny it for that they are descended of the first and eldest daughter of King Henry the seventh as before in the third chapter hath been declared First then two persons are known to be of this house at this day that may have action and claim to the Crown of England The first is Lord James the sixth of that name presently King of Scotland who descended of Margaret eldest daughter of King Henry the seventh that was married by her first marriage to James the fourth King of Scots and by him had Issue James the fifth and he again the Lady Mary Mother to this King now pretendant The second person that may pretend in this house is the Lady Arabella descended of the self same Queen Margaret by her second marriage unto Archibald Douglas Earl of Anguis by whom she had Margaret that was married to Matthew Steward Earl of Lenox and by him had Charles her second Son Earl of Lenox who by Elizabeth daughter of Sir William Candish Knight in England had Issue this Arabella now alive First then for the King of Scots those that do favour his cause whereof I confess that I have not found very many in England do alledge that he is the first and chiefest pretender of all others and next in succession for that he is the first person that is descended as you see of the eldest daughter of King Henry the seventh and that in this descent there cannot bastardy or other lawful impediment be avowed why he should not succeed according to the priority of his pretention and birth And moreover secondly they do alledge that it would be greatly for the honour and profit of England for that hereby the two Realms of England and Scotland should come to be joyned a point long sought for and much to be wished and finally such as are affected to his Religion do add that hereby true religion will come to be more settled also and establishes in England which they take to be a matter of no small consequence and consideration and this in effect is that which the favours of this Prince do alledge in his behalf But on the other side there want not many that do accompt this pretence of the King of Scots neither good nor just nor any way expedient for the State of England and they do answer largely to all the allegations before mentioned in his behalf And first of all as concerning his title by nearness of succession they make little
accompt thereof both for that in it self they say it may easily be overthrown and proved to be of no validity as also for that if it were never so good yet might it for other considerations be rejected and made frustrate as our friend the Civil Lawyer hath largely and learnedly proved these days in our hearing To begin then to speak first of the King of Scots title by nearness of bloud these men do affirm that albeit there be not alledged any bastardy in his descent from King Henry the seventh his daughter as there is in her second marriage against the Lady Arabella yet are there other reasons enough to frustrate and overthrow this claim and pretention and first of all for that he is not say these men of the house of Lancaster by Lady Blanch the only true Heir thereof as before hath in part been shewed and shall be afterward more largely but only by Catharine Swinford whose Children being unlawfully begotten and but of the false bloud whether they may by that legitimation of Parliament that was given them be made inheritable unto the Crown before the lawful daughter of the whole bloud shall be discussed afterward in place convenient when we shall talk of the House of Portugal but in the mean space these men do presume that the King of Scots is but only of the House of York and then affirming farther that the tiâ—le of the House of Lancaster is better then that of York as by many arguments the favours of Lancaster have endeavoured to shew in the former Chapter they do infer that this is sufficient to make void all claim of the King of Scots that he may pretend by nearness of bloud especially seeing there want not at this day pretenders enough of the other House of Lancaster to claim their right so as the House of York shall not need to enter for fault of true Hâ—irs and this is the first argument which is made against the Scottish King and all the rest of his lineage by the favourers and followers of the said House of Lancaster A second argument is made against the said Kings succession not by them of Lancaster but rather by those of his own House of York which is founded upon his foreign birth by which they hold that he is excluded by the common laws of England from succession to the Crown for that the said laws do bar all strangers born out of the Realm to inherit within the Land and this is an argument handled very largely between the foresaid books of Mr Hales Mr. Morgan and my Lord of Ross and for that the same doth concern much the pretentions and claims of divers others that be strangers also by birth and yet do pretend to this succession as before hath been declared I shall repeat briefly in this place the sum of that which is alledged of both parties in this behalf First then to the general assertion that no stranger at all may inherit any thing by any means in England the said books of Mr. Morgan and my Lord Ross do answer that in that universal sense it is false for that it appeareth plainly by that which is set down by law in the seventh and ninth years of King Edward the fourth and in the eleventh and fourteenth of King Henry the fourth that a stranger may purchase Land in England as also that he may inherit by his Wife if he should marry an Inheritrix Secondly they say that the true maxim of rule against the Inheritance of strangers is grounded only upon a Statute made in the 25th year of King Edward the third and is to be restrained unto proper inheritances only to wit that no person born out of all the allegiance of the King of England whose Father and Mother were not of the same allegiance at the time of his birth for so are the words of the Statute shall be able to have or demand any heritage within the same allegiance as Heir to any person Thirdly they say that this axiom or general Rule cannot any way touch or be applied to the succession of the Crown first for that as hath been declared before no Axiom or Maxim of our Law can touch or be understood of matters concerning the Crown except express mention be made thereof and that the Crown is priviledged in many points that other private heritages be not And secondly for that the Crown cannot properly be called an Inheritance of Allegiance or within Allegiance as the words of the said Statute do stand for that it is not holden of any superior nor with allegiance but immediately from God And thirdly for that the Statute meaneth plainly of Inheritances by descent for otherwise as is said an Alien may hold Lands by purchase but the Crown is a thing incorporate and descendeth not according to the common course of other private inheritances but rather goeth by Succession as other Incorporations do in sign whereof no King can by Law avoid his Letters Patents by reason of his noneage as other common Heirs under age do but he is ever presumed to be of full age in respect of his Crown even as a Prior Parson Dean or other Head Incorporate is which can never be presumed to be within age and so as any such Head Incorporate though he be an Alien might inherit or demand lands in England for his Incorporation notwithstanding the former Statute so much more the Inheritor to the Crown Fourthly they say that in the very Statute it self there is express exception of Infantes du Roy by which words these men do hold to be understood all the Kings Off-spring or Blood Royal and they do fortifie their proof for that otherwise King Edward the third being then alive when this Statute against strangers was made and his Children also who had dispersed their bloud by marriages over all Christendom they would never have suffered such a Statute to pass to their own prejudice if the heritage of the Crown should fall unto them or any of theirs that should be born abroad And finally these men do shew how that King Stephen and King Henry the second born out of the Realm and of Parents that were not of the allegiance of England when they were born were yet admitted to the Crown without contradiction in respect of their forraign birth which argueth that by the common course of our old common Laws there was no such stop against Aliens and that if the Statute made in King Edward the third his days would have derogated or abridged this ancient liberty it would have made scpecial mention thereof which it doth not as hath been shewed and by reasons it seemeth that they have answered sufficienly to this objection of forraign birth both for the King of Scotland and all other pretenders that are foreign born so as by this impediment they may not in right be excluded from their succession So as now I will return to shew
the other reasons of exclusion which men do lay against the House of Scotland whereof one is urged much by the House of Suffolk and grounded upon a certain Testament of King Henry the eighth as before hath been touched by which Testament the said House of Suffolk that is to say the Heirs of the Lady Frances and of the Lady Eleanor Neeces to King Henry the eighth by his second Sister Mary are appointed to succeed in the Crown of England before the Heirs of Margaret the first Sister married in Scotland if King Henry's own Children should come to die without Issue as now they are all like to do and this Testament had both the Kings hand or stamp unto it and divers Witnesses names besides and was enrolled in the Chancery and was authorized by two Acts of Parliament two wit in the 28. and 35. years of King Henry in which Parliaments authority was given to the said King to dispose and ordain of this point of succession as he and his learned Councel should think best for the weal publick This is the effect of this Argument which albeit the former Books of Mr. Morgan and the Bishop of Ross and some other of the Scottish favourers do seek to refut by divers means and ways as before in the first chapter of this discourse is set down and especially by the Testimony of the Lord Paget and Sir Edward Montague that said the stamp was put unto it after the King was past sense yet they of of the House of Suffolk are not satisfied without that answer for that they say that at least howsoever that matter of the late sealing be yet seeing the King willed it to be done drawn out and sealed it appeareth hereby that this was the last Will and judgment of King Henry and not revoaked by him which is sufficient say these men to answer the intent and meaning of the Realm and the authority committed to him by the foresaid two Acts of Parliament for the disposing of the succession which two Acts say these men containing the whole authority of the Commonwealth so seriously and diliberately given in so weighty an affair may not in reason be deluded or overthrown now by the saying of one or two men who for pleasing or contenting of the time wherein they speak might say or guess that the Kings memory was past when the stamp was put unto his Testament which if it were so yet if he commanded as hath been said the thing to be done while he had memory as it may appear he did both by the Witnesses that subscribed and by the enrollment thereof in the Chancery no man can deny but that this was the King's last Will which is enough for satisfying the Parliaments intention as these men do affirm A fourth argument is made against the King of Scots Succession by all the other competitors jointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded upon a plain fresh Statute made in the Parliament holden in the 27 year if I erre not of her Majesty that now is wherein it is enacted and decreed that whosoever shall be convinced to conspire attempt or procure the death of the Queen or to be privy or accessary to the same shall lose all right title pretence claim or action that the same parties or their Heirs have or may have to the Crown of England Upon which Statute seeing that afterward the Lady Mary late Queen of Scotland Mother of this King was condemned and executed by the authority of the said Parliament it seeemeth evident unto these men that this King who pretendeth all his right to the Crown of England by his said Mother can have none at all And these are the reasons proofs and arguments which divers men do alledge against the right of succession pretended by the King of Scots But now if we leave this point which concerneth the very right it self of his succession by bloud and will come to examine other reasons and considerations of State and those in particular which before I have mentioned that his favourers do alledge utility and common good that may be presumed will rise to the Realm of England by his admission to our Crown as also the other point also of establishment of Religion by them mentioned then I say these other men that are against his entrance do produce many other reasons and considerations also of great conveniencies as to them they seem against this point of admission and their reasons are these that follow First touching the publick good of the English Commonwealth by the uniting of both Realms of England and Scotland together these men do say that it is very doubtful and disputable whether the state of England shall receive good or harm thereby if the said union could be brought to pass First for that the state and condition of Scotland well considered it seemeth that it can bring no other commodity to England then increase of Subjects and those rather to participate the commodities and riches of England then to import any from Scotland And then secondly the aversion and natural alienation of that people from the English and their ancient inclination to joyn with the French and Irish against us maketh it very probable that that subjection of theirs to the Crown of England would not long endure as by experience we have seen since the time of King Edward the first when after the death of their King Alexander the third without Issue they chose King Edward to be their King delivered their Towns and Fortresses into his hands did swear him Fealty received his Deputy or Vice-Roy as Polydor at large declareth And yet all this served afterward to no other effect but only Slaughter Bloud-shed and infinite Losses and Charges of England Thirdly they say That if the King of Scots should come to possess the Crown of England he cannot chuse at least for many years but to stand in great jealousie of so many other Competitors of the English Bloud-Royal as he shall find in England against whom he must needs fortifie himself by those other Foreign Nations that may be presumed to be most sure unto him though most contrary by natural inclination and least tollerable in Government to English-men as are the Scots of whom he is born and Danes wiâ—h whom he is allied and French of whom he is descended and of the uncivil Part of Ireland with whom one great part of his Realm hath most Conjunction the Authority and sway of which four Nations in England and over English-men what trouble it may work every wise man may easily conjecture Besides that the Scotch-men themselves especially those of the Nobility do openly profess That they desire not this Conjunction and Subordination unto England which in no wise they can bear both for the aversion they have to all English Government over them as also for that their Liberties are
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
Deprivation by the Pope that soon after ensued as also by another Deprivation made by the Barons of his Realm as after shall be touched Furthermore they say That when Arthur Duke of Britain whom to this effect they do hold to have been the only true Heir at that time to the Kingdom of England was in Prison in the Castle of Roan suspecting that he should be murthered by his said Unkle King John he nominated this Lady Blanch his Cousin-jerman to be his Heir perswading himself that he by the help of her Husband Prince Lewis of France and her Father the King of Spain should be better able to defend and recover his or her right to the Crown of England than Eleanor his own Sister should be who was also in the hands of his said Unkle for that he supposed that she should be made away by himself shortly after as indeed the French Chronicler affirmeth that she was And howsoever this matter of Duke Arthur's Testament was yet certain it is that when he and his Sister were put to death the next in Kin that could succeed them in their right to England was this Lady Blanch and her Mother Queen Eleanor that was Sister to Arthur's Father Geffrey Duke of Britany for that King John their Unkle was presumed by all men to be uncapable of their Inheritance by his putting of them to death and Child he had yet none And this is the second point that these men do deduce for the Lady Infanta of Spain by the title of Queen Eleanor and her Daughter Blanch to whom the Infanta is next Heir A third Interest also the same men do derive to the Infanta by the actual Deposition of King John by the Barons and States of this Realm in the 16 th year of his Reign and by the Election and actual Admission of Lewis Prince of France Husband of Lady Blanch whom they chose with one consent and admitted and swore him Fealty and Obedience in London for him and for his Heirs and Posterity in the year 1217. and gave him Possession of the said City and Tower of London and of many other chief places of the Realm and albeit afterwards the most part of the Realm changed their minds upon the sudden death of the said King John and chose and admitted his young Son Henry III. a Child of 9 years old yet do the favourers of the Infanta say That there remaineth to her as Heir unto the said Lewis until this day that Interest which by this Election Oath and Admission of the Realm remained unto this Prince Lewis which these men affirm to be the very like case as was that of Hugo Capetus in France who came to be King especially upon a certain Title that one of his Ancestors named Odo Earl of Paris had by being once elected King of France and admitted and sworn though afterwards he was deposed again and young Charles surnamed the Simple was admitted in his place as Henry III. was in England after the Election of Lewis But yet as the other ever continued his Right and Claim till it was restored to Hugo Capetus one of his Race so say these men may this Infanta continue and renew now the Demand of King Lewis her Ancestor for that Titles and Interests to Kingdoms once rightly gotten do never die but remain ever for the Posterity to effectuate when they can And thus much of this matter But after this again these men do shew how that the said Infanta of Spain doth descend also from Henry III. son of King John by the Dukes of Britany as before in the second Chapter hath been declared and in the Arbor and Genealogy following in the end of this Conference shall be seen for that King Henry besides his two Sons Edward and Edmond which were the beginners of the two Houses of York and Lancaster had also a Daughter named Beatrix married to John the second of that Name Duke of Britany and by him she had Arthur II. and so lineally from him have descended the Princes of that House until their Union with the Crown of France and from thence unto this Lady Infanta of Spain that now is who taketh her self for proper Heir of the said House of Britany and Heir general of France as hath been said By this Conjunction then of the House of Britany with the Bloud-Royal of England the Friends of the Infanta do argue in this manner That seeing she descendeth of the Sister of these two Brothers which were the Heads of the two opposite Houses of Lancaster and York and considering that each of these Houses hath often-times been Attainted and Excluded from the Succession by sundry Acts of Parliament and at this present are opposite and at contention among themselves why may not this right of both Houses say these men by way of Composition Peace and Comprize at least be passed over to the Issue of their Sister which resteth in the Infanta Again they say That all these three Branches of the Lines to wit by the Lady Constance Daughter of King William the Conquerour by the Lady Eleanor Daughter of King Henry II. and by the Lady Beatrix Daughter of King Henry III. it is evident that this Lady the Infanta of Spain is of the true ancient Bloud-Royal of England and that divers ways she may have Claim to the same which being granted they infer That seeing matters are so doubtful at this day about the next lawful Succession and that divers of the Pretenders are excluded some for Bastardy some other for Religion some for unaptness to Govern and some for other Causes and seeing the Commonwealth hath such Authority to dispose in this Affair as before the Civil-Lawyer hath declared why may there not Consideration be had among other Pretenders of this noble Princess also say these men especially seeing she is unmarried and may thereby commodate many matters and salve many breaches and satisfie many hopes and give contentment to many desires as the world knoweth And this is in effect as much as I have heard alledged hitherto in favour of the Infanta of Spain but against this Pretence others do produce divers Arguments and Objections As first of all That these her Claims be very old and worn out and are but Collateral by Sisters Secondly That she is a Stranger and Alien born Thirdly That her Religion is contrary to the State Unto all which Objections the favourers aforesaid do make their Answers And to the first they say That Antiquity hurteth not the goodness of a Title when occasion is offered to advance the same especially â—n Titles belonging to Kingdoms which commonly are never presumed to die as hath been said and nullum tempus occurrit Regi saith our Law And as for Collateral Lines they say That they may lawfully be admitted to enter when the direct Lines do either fail or are excluded for other just respects as in our Case they hold that
States of that Crown before his two Sisters that be elder then he and so likewise say these men ought John of Somerset to have done before Philippa his eldest Sister if he had been alive at that time when King Henry the sixth was put down and died and consequently his posterity which are the descendents of King Henry the seventh ought to enjoy the same before the Princes of Portugal that are the descendents of Lady Philippa his Sister Thus say the issue of King Henry the seventh But to this the Princes of the House of Portugal do reply and say first That by this it is evident at least that the Dukedom of Lancaster whereof the Lady Blanch was the only Heir must needs appertain to them alone and this without all doubt or controversie for that they only remain of her Issue after extinguishing of the posterity of her elder Brother King Henry the fourth which was extinguished by the death of King Henry the sixth and of his only son Prince Edward and for this they make no question or controversie assuring themselves that all Law right and equity is on their side Secondly Touching the Succession and right to the Kingdom they say that John Earl of Somerset being born out of Wedlock and in Adultery for that his Father had an other Wife alive when he begot him and he continuing a Bastard so many years could not be made Legitimate afterward by Parliament to that effect of Succession to the Crown and to deprive Queen Philippa of Portugal and her Children born before the other Legitimation from their right and Succession without their consents for that John King of Portugal did Marry the said Lady Philippa with condition to enjoy all Prerogatives that at that day were due unto her and that at the time when John of Gaunt did Marry the said Lady Catherine Swinford and made her Children Legitimate by Act of Parliament which was in the year of Christ 1396. and 1397. the said Lady Philippa Queen of Portugal had now two Sons living named Don Alonso and Don Edwardo which were born in the years 1390. and 1391 that is six years before the Legitimation of John Earl of Somerset and his Brethren and thereby had jus acquisitum as the Law saith which right once acquired and gotten could not be taken away by any Posterior Act of Parliament afterward without consent of the parties Interessed for which they do alledge divers places of the Canon Law which for that they hold not in England I do not cite but one example they put to shew the inconvenience of the thing if it should be otherwise determined then they affirm which is that if King Henry the eighth that had a Bastard Son by the Lady Elizabeth Blunt whom he named Henry Fitz-roy and made him both Earl of Nottingham and Duke of Richmond and Somerset in the 18 th year of his Reign at what time the said King had a lawful Daughter alive named the Princess Mary by Queen Catherine of Spain if I say the King should have offered to make this Son Legitimate by Parliament with intent to have him succeeded after him in the Crown to the prejudice and open injury of the said lawful Daughter these Men do say that he could not have done it and if he should have done it by violence it would not have held and much less could John of Gaunt do the like being no King Nor was the Act of Parliament sufficient for this point it being a matter that depended especially say these men of the Spiritual Court and of the Canon Law which Law alloweth this Legitimation no further but only as a Dispensation and this so far forth only as it doth not prejudice the right of any other Neither helpeth it any thing in this matter the Marriage of John of Gaunt with Lady Catherine for to make better this Legitimation for that as hath been said their Children were not only naturales but Spurij that is to say begotten in plain Adultry and not in simple Fornication only for that the one party had a Wife alive and consequently the priveledge that the Law giveth to the Subsequent Marriage of the Parties for legitimating such Children as are born in simple Fornication that is to say between parties that were single and none of them married cannot take place here So as these men conclude that albeit this Legitimation of Parliament might serve them to other purposes yet not to deprive the Princes of Portugal of their Prerogative to succeed in their Mothers Right which she had when she was married to their Father And this they affirm to have been Law and Right at that time if the said Queen Philippa and Earl John had been alive together when Henry the sixth and his Son were put to death and that this Question had been then moved at the death of King Henry the sixth Whether of the two to wit either the said Queen Philippa or her younger Brother John Earl of Somerset by the Fathers side only should have succeeded in the Inheritance of King Henry the sixth In which case these men presume for certain that the said Queen Philippa legitimately born and not John made legitimate by Parliament should have succeeded for that by common course of â—aw the Children legitimated by favour albeit their legitimation were good and lawful as this of these Children is denied to be yet can they never be made equal and much less be preferred before the lawful and legitimate by Birth But now say these men the case standeth at this present somewhat otherwise and more for the advantage of Queen Philippa and her Off-spring For when King Henry the sixth and his Son were extinguished and Edward Duke of York thrust himself in to the Crown which was about the year of Christ 1471. the foresaid Princess and Prince Lady Philippa and Earl John were both dead as also their Children and only their Nephews were alive that is to say there lived in Portugal King Alfonsus the fifth of that name Son to King Edward which King Edward was Child to Queen Philippa and the death of King Henry the sixth of England happened in the 38 th year of the Reign of the said Alfonsus And in England lived at the same time Lady Margaret Countess of Richmond Mother of King Henry the seventh and Neece of the foresaid John Earl of Somerset to wit the Daughter of his Son John Duke of Somerset So as these two Competitors of the House of Lancaster that is to say King Alfonsus and Lady Margaret were in equal degree from John of Gaunt as also from King Henry the sixth saving that King Alfonsus was of the whole Bloud as hath been said and by Queen Philippa that was legitimate and the Countess of Richmond was but of the half bloud as by John Earl of Somerset that was a Bastard legitimated The Question then is Which of these two should have
succeeded by Right of the House of Lancaster immediately after King Henry the sixth And the Lady Margaret alledgeth That she was descended from John Earl of Somerset that was a man and therefore â—o be preferred And King Alfonsus alledged That he being in equal degree of nearness of Bloud with the same Countess for that both were Nephews was to be preferred before her for that he was a man and of the whole Bloud to the last Kings of the House of Lancaster and that she was a woman and but of the half Bloud so that three Prerogatives he pretended before her First That he was a man and she a woman Secondly That he descended of the lawful and elder Daughter and she of the younger Brother legitimated And thirdly That he was of whole Bloud and she but of half And for better fortifying of this proof of his Title these men do alledge a certain Case determined by the Learned of our days as they say wherein for the first of these three Causes only the Succession to a Crown was adjudged unto King Philip of Spain to wit the Succession to the Kingdom of Portugal which Case was in all respects correspondent to this of ours For that Emmanuel King of Portugal had three Children for sâ— much as appertaineth to this Affair for afterward I shall treat more particularly of his Issue that is to say two Sons and one Daughter in this order John Elizabeth and Edward even as John of Gaunt had Henry Lady Philippa and John Prince John of Portugal first Child of King Emmanuel had Issue another John and he had Sebastine in whom â—he Line â—f John the first Child was extinguished But Joâ—n's Sister Elizabeth was married to Charâ—â—s the Emperour and had Issue King Philip of Spain that now liveth Edward also younger Brother to Elizabeth or Isabel had Issue two Daughters the one married to the Duke of Parma and the other to the Duke of Bargansa so as King Philip was in equal degree with these Ladies in respect of King Emmanuel for that he was Son to his eldest Daughter and the two Dutchesses were Daughters to his younger Son And upon this rested the Question Which of these should succeed and â—â— was decided That it appertaineth unto King Philip for that he was a man and his Mother was the elder Sister though if King Philip's Mother and the two Dutchesses Father I mean Lord Edward of Portugal had been alive together no doubt but that he being a man should have born it away which these men say holdeth not in our Case but it is much more to our advantage for that it hath been shewed before that if Queen Philippa had been alive with John Earl of Somerset at the death of King Henry the sixth she should have been preferred as legitimate by Birth and therefore much more ought her Nephew King Alfonsus to have been preferred afterward in that he was a man before the Neece of the said John Earl of Somerset that was but a Woman Thus far they And besides all this they do add as often before I have mentioned that King Alfonsus was of the whole Bloud unto all the three King Henries of the House of Lancaster and the Countess of Richmond was but of the half bloud And for more strengthening of this Argument they do say further that besides that Interest or Right to the Crown which King Henry the fourth who was the first King of the House of Lancaster had by his Father John of Gaunt in that the said John was third Son of King Edward the third the said King Henry had divers other interests also which came of himself only and not from his said Father as were for example his being called into the Realm by general voice of all the people his right gotten by Arms upon the evil Government of the former King the personal resignation and delivery of the Kingdom by solemn instrument made unto him by King Richard his Election also by Parliament and Coronation by the Realm and finally the quiet Possession of him and his Posterity for almost sixty years with many Confirmations of the whole Realm by divers Acts of Parliament Oaths and and other Assurances as the World knoweth So many I mean and so authentical as could possibly be devised or given And besides all this that when King Richard was dead he was next in degree of Propinquity unto him of any man living for that the Sons of Roger Mortimer were two degrees further off than he as hath been shewed before All which particular Rights and Interests were peculiar to Henry the fourth's person and were not in his Father John of Gaunt and therefore cannot possibly descend from him to the Issue of John Earl of Somerset but must pass rather to the Issue of King Henry s true Sister the Queen Philippa of Portugal And this though it be supposed that otherwise it might be granted as they say it may not that John Earl of Somorset and his Successors might succeed to John of Gaunt before Lady Philippa which thing say these men if it should be granted yet cannot he succeed to King Henries the fourth fifth and sixth that descended of Blanch. And this is in effect all that I have heard disputed about this point what Line is true Heir to the House of Lancaster to wit whether that of John Earl of Somerset born of Katharine Swinford from whom descendeth King Henry the seventh and his Posterity or else that of Queen Philippa of Portugal born of Lady Blanch from whom are come the foresaid Princes of Portugal But now it remaineth to examine somewhat in this place also what and who are these Princes of the House of Portugal so often named before and what pretence of Succession they and every of them have or may have unto the Crown of England For better understanding whereof it shall be needful to explain somewhat more at large the foresaid Pedigree of King Emmanuel of Portugal who albeit by divers Wives he had many Children yet six only that he had by one Wife of whom there remaineth hitherto Issue are those which may appertain unto our purpose to speak of in respect of any pretence that may be made by them towards England supposing always which is most true that the said King Emmanuel was descended lineally as true and direct Heir from the foresaid Lady Philippa Queen of Portugal that was Daughter of John of Gaunt by his first Wife Lady Blanch Dutchess and Heir of the Dukedom of Lancaster and Sister to King Henry the fourth first King of the House of Lancaster so as by her doth or may pretend the whole Posterity of the said King Emmanuel unto whatsoever the said Phillippa might Inherit from her Father or Mother or from her said Brother King of England or his Posterity The six Children then of King Emmanuel were these following and each of them born as here they are set down first Prince
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
this of Portugal or by both though to determine this first and chief point who is the next and true Heir unto these foresaid King and Queen of Portugal the Laws of Portugal must needs be Judge and not those of England and so seeing that by these Lawâ— of Portugal the King of Spain is now adjudged for next Heir to the said Prince and is in possession of their Inheritance at this day I mean of the Crown of Portugal these men say that he must consequently Inherit also all other Rights Dignities and Prerogatives belonging to the foresaid Princes or to their Posterity And thus you see now how great diversity of Arguments and Objections is and may be alledged on different sides about this Affair whereby also is made manifest how doubtful and ambiguous a matter this point of English Succession is seeing that in one onely branch of the Pretenders which is in the House of Portugal alone there are so many difficulties as here hath been touched But now the common Objection against all these Titles and Titlers is that they are old and out of use and not to be brought in question again now especially seeing that both King Henry the VII and his Issue have enjoyed so long the Title of the House of Lancaster as it hath and secondly that these Titles do appertain unto Strangers whose Government may be dangerous many ways unto England and especially in that which toucheth the King of Spain who being so Great and Mighty a Monarch as he is may prejudice greatly the English Liberty and easily bring them into servitude if his pretence should be Favoured as by some it seemeth to be This is the Speech of many men in England and abroad at this day whereunto yet some others do answer that as concerning the first Objection of the oldness of the Pretence and Title it hath shewed before that by Law no Title to a Kingdom dyeth ever but may take place whensoever the Party to whom it belongeth is able to avouch it and get possession and as for this pretence of the Line of Portugal they say that it hath not such great age but that very well it may shew it self and be had in consideration especially at this Time wâ—â—n now the Issue Male of King Henry the VII is ended and that of Necessity we must return to have consideration of the Issue of his Daughters before which Daughters good Reason say these men is it that the Issue of Lady Philippa Queen of Portugal should be admitted for that albeit we would have that respect to the Issues Male of John Earl of Somerset as to prefer it or suffer it to enjoy the Crown before the Issue of Queen Philippa and so they say it seemeth that it was for that King Henry the VII was Crowned King his Mother being alive which yet by ordinary course of Succession should have gone before him yet say they it is no reason that the Issue-Female of John of Somerset or of King Henry the VII should be preferred before the Issue-Male of the said Queen Philippa Moreover they say that the House of Clarence and Hutnington do pretend a Title more old and stale at this day than this of Portugal for that they pretend from George Duke of Clarence that never had the Crown and these of Portugal pretend to be next Heir to King Henry the VI. that did wear the Crown of England for 40. Years together after whose death if King Alfonsus of Portugal who was then old and wearied with evil success of Wars had been so able to prefer and follow his Title as some of that House be at this day he would never have suffered the House of York to have entred nor King Henry the VII to have enjoyed it after them by the Title of Lancaster which Title yet of Lancaster say these men King Henry the VII could not have in himself any way whether we respect Queen Philippa or John of Somerset for by Queen Philippa they of Portugal were evidently before him and by way of John of Somerset the Countess his Mother was as clearly before him neither could he have any Title as yet by the House of Yâ—rk for that he was not yet married to the Daughter of King Edward so as his Crowning in the Field and whole entrance to the Kingdom was without any actual Title at all but only the good will of the People as these men do hold To the other Objection of 14. Princes and strange Government that may come to England by these pretences of the Princes of Portugal divers men do answer diversly for some do grant that it may be so that by this means England may come to be under Foreign Kings and that no hurt or inconvenience at all would ensue thereof to England but rather much Good and Commodity but other that like not well of this assertion do say further that if these Foreign pretences should take place yet that all matters might be so compounded that albeit the Prince himself which is to Rule should be Foreign born which they take to be no Inconvenience yet that his Forces and Dependance should be only of the English for that he should not bring in any strange Powers into the Land no more than did King Stephen or King Henry the II. that were born in France or than did King Philip of Spain in Queen Marys days or as it is thought Monsiâ—ur of France should have done if he had married her Majesty that now is as once it was supposed he should To this said one of the Company and is it possible that any man should be of opinion that Foreign Government in what manner or kind soever it be should not be inconvenient and hurtfull to England where the People are wholly bent against it you remember quoth he as concerning the last two Examples that you have alledged what Tumult and stir there was raised by some kind of Men about the coming in of King Philip and what there was like to have been about the entrance of Monsieur if that purpose had gone forward I remember well said the Lawyer and these men that are of this opinion will say to this that it was but a Popular Mutiny without Reason or any good Ground at all and only raised by some crafty Heads that misliked the Religion of the Princes that were to enter and for some other drifts of their own but not of any sound Reason or Argument of State which these men think rather to be of their side and in good sooth they alledge so many Arguments for their Opinion that if you should hear them you would say it were hard to judge which Opinion had most Truth but they are too long for this place and so said he I shall make an end of the matter that I have in hand and leave this point for others to discuss With this the whole Company shewed marvellous great desire to know
Thus say these men against admitting of Strangers and it seemeth that their opinion and affection hath many followers for that generally we see most men affected and inclined this way But yet on the other side there want not other men who appear both wise dis-passionate and grave that will seem to consider this matter far otherwise and do say that all this is but a common vulgar prejudice of passionate men against strangers rising partly by corruption of Nature whereby men are inclined to think evil of others and to bear them little affection especially such as Govern and bear rule over them and so much the less by how much farther off they are from us in Kindred and Acquaintance and partly also they say that the same riseth of lack of due consideration in the most part of men for that they weigh not the true Reasons Causes or Effects of things but only the outward shew and so do run away with the Opinion and Apprehension of the Popular which for the most part hath no other ground or foundation in it but only Fancy and Imagination or Incitation of others that endeavour to procure Tumults and so they say it falleth out in this point as upon examination it shall appear And for Proof and Declaration of this their Assertion they do require first of all that this ordinary and common prejudice against Strangers or strange Governments be laid aside so long at least as the matter is in Disputation and that only the true effects of good and profitable Government may be considered without that other circumstance whether these fruits do come from Stranger or Home-born Prince which effects are Peace Rest Justice Defence of the Innocent Punishment of the wicked Wealth Security and other such benefits that good Government is wont to bring with it to the Subjects These things say these men are to be weighed indifferently and without passion by Wise men and wheresoever these effects are more abundantly to be found there the Government is best and there the subjects are in best Case whatsoever the Governours be or of what Nation or Country soever they be And this they shew by this example following If in two Countries or Commonwealths lying nigh together the subjects of the one should live in all Ease Wealth and Prosperity under a stranger as divers states did under the Romans and in the other they should be Beaten Whipped and Afflicted under a home-born Prince as we read the Sicilians were under Phalaris and Dionisius their Country-men Tyrants clear it is say these men that the stripes and Afflictions would not seem the easier for that they come from a Natural Prince but rather the heavier and the others happy case under the Stranger must needs seem to be the better and consequently his Government rather to be wished For that in very Truth the goodness and defect of every Government is to be measured by the effects thereof that redound unto the Subjects for whose good it was first ordained as oftentimes our Friend the Civil Lawyer hath touched and proved before And when the Subjects do live well and prosperously are defended and maintained in Peace Safety and Wealth when Justice is done equally to all men the wicked punished and the good advanced and rewarded when God is honoured and true Religion maintained and vertue promoted this is that which importeth the Realm and Subjects and not where or in what Country the Prince and his Officers were Born or of what Nation Language or Kindred they be For that be the Prince of what Lineage or Kindred soever yet after he is once established in this Dignity the Common subject can have no more conversation with him nor receiv any more personal benefit of him then if he were a meer stranger except only by those common and publick effects of his Government before-mentioned for that so soon as he is placed in his Dignity he becometh a Stranger unto me little availeth it to me whether he be of my Blood and Country or no and I may say as the people of Israel in the like Case to Rehoboam for that he was King Davids Nephew and of the House of Jesse thought his State assured for that he was their Lord and Natural Prince and so might press and afflict them at his pleasure But they answered him plainly Quae nobis pars in David vel quae haereditas in filio Jesse what part have we in David or what Inheritance have we in the Son of Jesse and so they left him and rather chose to be under Jeroboam a Stranger and his Servant under him This then is the first point which these men do demand to wit that we consider equally and according to Reason Wisdom and Truth and without all Partial Affect on where and by whom and by what Government we are likest to receive and enjoy the good and happy effects above-mentioned of Prosperity to the Subject For that without all doubt say they that Government is to be deemed best and that Subjection Happiest where those Benefits are most enjoyed let the Prince or Governour be of what Nation Lineage soever And on the other side that must needs be the worst Government unto me where I shall reap fewest and participate least of those effects be the Prince never so much much my Countryman or Kinsman and though he were Born in the same City Town or House yea in the same Belly with me As for Example those men that lived say they in Spain under King Pâ—ter the Cruel or in England under King Richard the third commonly called the Tyrant what did it avail them that those Princes were of their own Country or Blood seeing they did that unto them which a Stranger though never so Barbarous would scarce have done As in like manner all those Noble Houses before-mentioned in our Country of the Dela Pools Staffords Plantagenets and others destroyed by King Henry the Eight what availed it them that the said King was not only their Country-man but also their near Kinsman What profit or Commodity was it unto Thomas of Woodstoâ—k Duke of Glocester that he lived under a King that was his Nephew to wit King Richard the second or to George Duke of Clarence in King Edward the fourths time that the said King was his own Brother when both of them were Pursued Disgraced and put to Death by them and lost their Lives Lands Dignities Goodly Possessions Stately Mannors and Gorgeous Houses with their Wives Children and all other Felicities of this World which perhaps under a Strange Prince they might have enjoyed many a fair day and year This is that then which these men do first require to wit that all Fancy and Fond Opinion of the Vulgar people be aparted in this matter from Truth and Substance as also say they we ought to desire and determine who are properly Strangers or Foreigners seeing some do take for Strangers and
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
not of the House of Lancaster The King of Scots forrain born The controversie about forrain birth How strangers may inherit Reasons why the statute toucheth not one case The Crown not holden by allegiance 5. Reason King Henrys Testament against the King of Scots Answers to the King's Testament The King of Scots excluded by the statute of association Joyning of England and Scotland together Polyd. lib 17. in vit Edw. l. Inconveniences of bringing Strangers into England A Consideration of Importance Polyd. Hist Ang. l. 8. 9. Example of Spain Garibay l. 29. c. 42. An. Dom. 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dom. 1383. Sâ—ow pa. 4. 54 59 90 76. Of â—he 〈◊〉 of Scotland Of the title of Lady Arabella An English Woman Against Arabella Not of the House of Lancaster The Testament of King Henry The countess of Darby nearer by a degree Illegitimâ—tion by â—â—sâ—ardy The Testimony of the L. William Howard Other reasons of 〈◊〉 against Arabâ—l◠〈…〉 Polyd. l. 12. Garibay l. 12. c. 42. â— The Issue of Charles Brandon Issue of Lady Frances Stow an 7. Edon 6. The Issue of the Lady Katharine The Issue of Lady Eleanor Allegations of the Houses of Darby and Hartford the one against the other Charles Brandon had a Wife alive First Bastardy against the Issue of Hartford Stow in vit Edward An. 1553. 2 Bastardy 3 Bastardy The fourth Bastardy common to both Families of Suffolk The Answer of tâ—ose of Hartford to the foresaid Bastardies Of the marriage between the Earl of Hartford and the Lady Katharine Gray How the second Son of the Earl of Hartford may be legitimate Allegations of the House of Darby Why the Earl of Huntingtonâ—â— House is 〈◊〉 to be of the House of Clarenâ—e Issue of tâ—â— House of Clâ—rence Issue of â—iâ— Geffrey Poole The interest and pretence of the Earl of Huntington Objections against the Earl â—f Huntingtâ—n Restitution may be in blâ—â—d without restitution of dignity The Pretence of the Pooles against Huntington Objections of Religion The House of Britany The course of Inheritance in the Crown of France First pretence of the Infanta to England Polyd. in vit Guil. Ruâ—â— Second pretence of the Infanta of Spain Pretence to Aquitain Polyd in vit Johan Garib in vit Alfons Pretences to England by Lady Blanch. Stow in vit Johannis Garib l. 12 c. 38. Pretence by Arthur Duke of Britany Belfor l 3. c. 71. Hist. Fran. Election of Lewis VIII to be King of England Poâ—yd l. 5. Hist. Angl. Hollings Stow in vit Johannis Belfor l. 2. c. 67. Girrard l. 5. Histor. Baudin an 891. chron France Pretence by Descent from Henry III. Admission by Composition Objections against the Infanta's pretence The Princes of Portugal are of the House of Lancaster The Issue of Lady Philippa Qu. of Portugal Issue of â—â—hn of Gaunt 〈…〉 â—ee the Arâ—â—◠〈◊〉 â—he 〈…〉 Book The point of difficulty Issue of Catharine Swinford The principal question Answer Dutchy of Lancaster The Crown An example of Edward the sixth and of the Prince of Spain 〈◊〉 of 〈◊〉 of Portugal The Dukedom of Lancaster The Legitiâ—â—â—ion â—f Câ—thâ—rin Swinfâ—rds Chilâ—â—â—â— noâ— lawfâ—l Stow in vit Riâ—har 2. Garibay hâ—st Portugal l. 35. cap. 4. Note this example â—tow in vit Henrici 2. John of Gauntes Marriage with Catherine Swinford helpeth not the Lâ—gitimaâ—ion The Question between Lady Philippa and John of Somerset The Question between the Nephews 〈…〉 of 〈…〉 Portugal The proper Interest of King Henry the 4th cannot descend to King Henry the 7th Who are the Princes of Portugal and how they pretend â—o England The Issue of King Emmanuel of Portugal Issue of K. John the 3. of Portugal K. Lewis Father of Don Antonio K. Henry Cardinal The pretence of the Qunen Mother of France to Portugal Five Pretenders of the Crown of Portugal The contention about the Succession of Portugal Attorneys sent to Portugal A Sentence of Illâ—â—â—imation against Don Antonio Writers of this Controversy The Causes why Don Antonio was pronounced Illegitimate Don Antonio his pretence to England Three principal pretenders of Portugal Pretences of the Duke of Parma For the Dutchess of Bragansa Representation excluded A Reply for â—he Duâ—e oâ— Paâ—ma King Philip 's pretence to Portugal Divers allegations for King Philip. Hieron Frakâ— Jo. Pâ—et Vipeâ— anus The case of pretence of the House of Portugal to England An objection with the answer Objections against the Pretenders of Portugal Answers Note this By what Title King Henry VII did enter About foreign power in England About Foreign Government The occasion of the next chapter about Foreign Government Reasons against foreign Government Polit. Arist. Demosthenis Philippicae in Aeschines Attempts to deliver Realms from strangers Quint. Curt. l. 5 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. l. 8. Hollings in vit Camiti The rage of the French against the English The conclusion against Strangers Authority of Scripture against strangers Deut. 15. The answer in defence of foreign Government The effect of Governments to be considered and not the Governours An Example Little importeth the Subject of what Country his Governour is so he is good 1 Reg. 12. Not the Country but the good Government importeth Note these examples Who are properly Strangers Divers manners of being under Strangers To be undder strangers by Conquest How Conquerours do proceed towards â—he Conquered Polydor Virg. l. 8. Hist. Angliae Clemensy of the Romans Lib. 1. Macchab. â—ap 8. Strangers most favoured in wise Governments Gascoynes Britons Candians States oâ— Italy The condition of the Irish under the English Of the States of Flanders Girard du Haâ—lan l. 18. an 1381. Prosperity of Flanders under the House of Austria In Guiâ—ciard nella descrittione delli pasi bassi The Authority of the Flomings at home The Indulgence miâ—d â—o offenders 〈◊〉 â—landers The Spaniard punisheth less in Italy than nearer home Vâ—ceroyes do give account of their Government Much slaughter of Nobility in England Execution of Nobility by Henry the eight Under King Edward and Queen Mary States governed happily by foreign Princes Old afflictions of Naples and Millain Whether a great or little Prince be better Pedro Mexio en vit de Antonio Piâ—â— The felicity of the Roman Government The second way of being under a foreign Prince A foreign Prince without Forces not prejudicial Note this utility of a foreign King The manner of foreign Prince more commodious for the present A third way of being under foreign Government 〈◊〉 of 〈◊〉 Gâ—veâ—â—ent Inconâ—â—â—enceâ— of tâ—â—s Government Strange Governoâ—â—â— desired in some Realm The Answer to objections against foreign Government Answer the Grecian Philosophers and Orators Demosthenes The troublsome state of the Grecian Cities Arist. l. 2. â—olit c. 1.2 â—â—â—wer to 〈◊〉 objection out of Deuteronomy Deut. 15. Secondary Lines Ambiguity of Prevailing Two Grounds of probability of speeding Three Religions in England The great Importance of Religion in this Action The next Change like to be difficult and why The consideration of the Protestant Party The Clergy The Council and Nobility Persons designed or favoured by the Protestant Party Foreign Friends of the Protestants Of the Party Puritan Persons affected by the Puritans External Friends Lutheranâ— The Puritan at home Those of the Roman Religion Tâ—e Râ—man Party grâ—at and wâ—y 1 Reg â—2 〈…〉 Friends and Allies abroad Considerations of 〈◊〉 Pretender in particular The King of Scotland Arabella The Lord Beacham and the Earl of Darby Alliance of the Earl of Darby Aâ—â—ance of the Seymers Alliance â—â— the Stanleys Aâ—lâ—ance of the old Countess of Darby The States of the Lord Beacham and the Earl of Darby 〈…〉 Lords The Earl of Huntington 〈◊〉 of the 〈…〉 â—untingâ—â—â— The Power of London Polydor. 24 Holingshed in vita Henrici VI. The Houses of Britain and Portugal Infanta of Spain Duke of Parma The Duke of Bragansa Power of foreign Pretenders The first Conjecture that there will be War and why Sup. c. 4. A consideration to be marked The second conjecture no main Battel probable The third Conjecture who is likest to prevail For the Infanta of Spain For the Earl of Hartfod's second Son Sup. c. 6. For the Children of the Countess of Darby Garibay l. a 5. c. 36 Polydor in rit Steph.
A CONFERENCE About the Next SUCCESSION TO THE Crown of England Divided into Two Parts The First containeth The Discourse of a Civil Lawyer how and in what manner Propinquity of Bloud is to be preferred The Second containeth The Speech of a Temporal Lawyer about the particular Titles of all such as do or may pretend within England or without to the next Succession Whereunto is also added A New and Perfect Arbor and Genealogy of the Descents of all the Kings and Princes of England from the Conquest unto this day whereby each mans Pretence is made more plain Dedicated to the Right Honourable the Earl of Essex one of Her Majesties Privy-Council and of the Noble Order of the Garter Published by R. Doleman Re-printed at N. with License MDCLXXXI The sum of both Parts more in particular THE first declareth by many Proofs and Arguments That the next Propinquity or Ancestry of Bloud alone though it were certainly known yet it is not sufficient to be admitted to a Crown without other Conditions and Circumstances requisite be found also in the person pretendent THE second examineth the Titles and Pretensions of all such as may have Claim or Action to the Crown of England at this day what may be said for them and what against them And in the end though he leave the matter extreme doubtful as touching the best right yet he giveth certain Conjectures about some persons that are likest to prevail To the Right Right Honourable the Earl of Essex one of Her Majesties Privy Council TWo principal Causes among others Right Honourable are wont to invite men to dedicate any Book or Treatise to a Person in Authority The one Private Duty and Obligation the other Publick Utility in respect that the Master may concern that Person for the Common Good And to confess the truth both of these jointly have moved me at this time to present unto your Honour above others the two Books ensuing which contain a Conference had in Holland not long since â—â—out the Pretences and Pretenders to the Crown of England as your Honour shall perceive by the Preface of each Book and therefore hereof I shall need say no more but only declare the aforesaid two Causes of this Dedication First then I say that my particular obligation towards your Honours Person riseth partly of good Turns and Benefits received by some Friends of mine at your Lordships hands in your last Voyage and Exploits in France but principally of far greater Favours receiv'd from your Noble Ancestors I mean not only your Father whose untimely death was to England no small Wound but of your Grand-father also that worthy Knight Sir Walter Deverux who though he lived not to come to those Titles of Honour whereunto he was born yet left he behind him so rare a memory for his excellent Parts of Learning Wit Feature of Body Courtesy and other such Noble Commendations as none in England perhaps the like in our time wherein also hath lived your Honours Great Grandfather Sir Henry Deverux Visconde Ferys well remembred yet by divers of my said Friends obliged unto him as also recorded by our English Histories as well for his Merits and Worthiness as in like manner for his Match with the Heir of the most Famous and Noble House of the Bourchers Earls of Essex whereof also your Honour is known to be descended and to hold at this day as well their Nobility of Blood as Dignity of Title and this shall serve in this place for my particular obligation whereof perhaps hereafter upon other occasion I may give further relation and testimony to the World in token of my Gratitude But for the second Point of Publick Vtility I thought no man more fit than your Honour to dedicate these two Books unto which treat of the Succession to the Crown of England for that no man is in more high and eminent Place or Dignity at this day in our Realm than your self whether we respect your Nobility or Calling or Favour with your Prince or high Liking of the People and consequently no man like to have a greater part or sway in deciding of this great Affair when time shall come for that determination then your Honour and those that will assist you and are likest to follow your Fame and Fortune And for that it is not convenient for your Honour to be unskilful in a matter which concerneth your Person and the whole Realm so much as this doth and finding this Conference had by two Learned Lawyers to handle the Question very pithily and exactly and yet with much Modesty and without offence of any and with particular affection and devotion to Her Majesty and with special care of Her Safety I thought not expedient to let it lie unpublished as also judged that no Hands were fitter to receive the same nor any Protection more secure or plausible than that of your Honour whom God long preserve in all true Honour and Felicity to the Comfort of Your Lordships Faithful Servants and Clients and to the Publick Benefit of your Countrey From my Chamber in Amsterdam this last of December 1593. Your Honours most Affectionate R. DOLEMAN The CONTENTS of the first PART THe Preface containing the occasion of this Treatise with the subject purpose and parts thereof That Succession to government by nearness of bloud is not by Law of Nature or Divine but only by humane and positive Laws of every paticular Commonwealth and consequently may upon just causes be altered by the same Chap. 1. fol. 1. Of the particular form of Monarchies and Kingdoms and the different Laws whereby they are to be obtained holden and governed in divers Countries according as each Commonwealth hath chosen and established Chap. 2. f. 12. Of the great reverence and respect due to Kings and yet how divers of them have been lawfully chastised by their common-wealths for their misgovernment and of the good and prosperous success that God commonly hath given to the same and much more to the putting back of an unworthy pretender Chap. 3. f. 30. Wherein consisteth principally the lawfulness of proceeding against Princes which in the former chapter is mentioned what interest Princes have in their subjects goods or lives how Oaths do bind or may be broken by subjects towards their Princes and finally the difference between a good King and a Tyrant Chap. 4. f. 51. Of the Coronation of Princes and manner of their admitting to their authority and the Oaths which they do make in the same unto the Commonwealth for their good government Chap. 5. f. 66. What is due to onely succession by Birth and what interest or right an Heir apparent hath to the Crown before he is Crowned or admitted by the Commonweath and how justly he may be put back if he have not the parts requisite Chap. 6. f. 98. How the next in succession by propinquity of bloud have oftentimes been put back by the Commonwealth and others further off admitted
in their places even in those Kingdoms where succession prevaileth with many examples of the Kingdoms of Israel and Spain Chap. 7. f 113. Of divers 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 hath approved the same with good success Chap. 8. f. 132. What are the principal points which a Commonwealth ought to respect in admitting or excluding any Prince wherein is handled largely also of the diversity of Religions and other such Causes Chap. 9. f. 158. The CONTENTS of the second Book Tâ—â— Preface with the intention and protestation of the Lawyer to treat this matter without the hurt or prejudice of any 〈◊〉 divers 〈◊〉 and treatises that have been written heretofore 〈◊〉 the 〈◊〉 of such as pretend to the Crown of England and 〈◊〉 they do contain in favour or disfavour of divers pretenders Chaâ— 1. â—ol 1. Of the Succession of the Crown of England from the conquest 〈◊〉 other 〈…〉 the III. with the begnning of three principal lineages of the English bloud Royal dispersed into the House of Britany Lancaster and York Chap. 2. f. 10. Of the Succession of English Kings from King Edward the III. unto our days with the particular causes of dissention between the Families of York and Lancaster more largely declared Chap. 3. f 3â—0 Of the great and general controversie and contention between the said two Houses Royal of Lancaster and York and which of tâ—â—m may sâ—â—m to have had the better right to the Crown by way of 〈◊〉 Chap. 4 f. 44. Of 〈◊〉 principal and particular houses of lineages that do or â—ay pretend to the Crown of England at this day which are the House of Scotland of 〈◊〉 of Clarence of Britanny and of Portâ—â—â—l and first of all the causes of Scotland which containeth the pretentions of the King of Scots and of the Lady Arabella Chaâ— 5. f. â—â— Of the 〈◊〉 of â—uffâ—lk containing the claims as well of the Counteâ—â— of Dariâ— â—nd of her Children as also of the Children of the Earl of 〈…〉 6 f. 101. Of the House of 〈…〉 and Britany which containeth the claims of the Earl of Hâ—â—â—â—â—gton and of the Lady Infanta of Spain and others of these two Families Chap. 7. f. 110. Of the House of Portugal which containeth the â—laimâ— as well of the King and Prince of Spain to the Succession of England as also of the Duâ—â— of Parma and Brâ—gaâ—sâ— by the House of Lancaster Chap. 8. f. 1â—4 Whether it be better to be 〈◊〉 a forrain or home-born Prince and whether under great an â—â—â—ghty Monarch or under a little 〈…〉 Chap. 9. f. 150 Of â—ertâ—â—n other secondary or collateral lines and how extreme dâ—ubâ—fâ—ll all the pretences â—e and which of all these pâ—enders are must like by probability to prevail in the end and to get the Crown of England Chap. 10. f. 113. The Preface containing the occasion of this Treatise with the subject purpose and parts thereof THere chanced not long ago I mean in the months of April and May of this last year 93. to meet in Amsterdam in Holland certain Gentlemen of divers Nations qualities and affections as well in Religion as otherwise yet the most part English and Irish and they had been in divers Countries studied different Arts and followed unlike professions some of Soulders some of Lawyers both Temporal and Civil others of meer travellers to learn experience and policy And for that the advice which daily came from England at that time the Parliament being then in hand gave occasion to discourse of English affairs they fell into divers points concerning the same but yet none was treated so largely or so seriously as was the matter of succession and competitors to the Crown for that it was presumed a great while that some thing would be determined thereof in that Parliament though one or two of the wisest of that company held ever the contrary opinion But when at length news was brought that nothing at all had been done therein but rather that one or two as was reported had been checked or committed for speaking in the same then came it in question among the Gentlemen what should be the cause of such proceeding in a matter so weighty and so necessary for all English men to know But two Gentlemen Lawyers of the company one of the common Law and the other a Civilian alledged so many reasons for justifying the Queens Majesties doings in this behalf as all did seem satisfied for that it was made plain that it could not stand with the safety either of Her Majesty or of the Realm or of the party himself who should be preferred that any declaration of Heir apparent should be made during the life of Her Majesty that now is how dangerous soever the delay thereof may be esteemed for the time to come And so the end of this Speech brought in presently the beginning of another to wit what were like to be these dangers and who might be likest of the pretenders to prevail after Her Majesty about which matter there was much discoursed by divers Parties but the conclusion of all was that both these points remained very doubtful but much more the second who should prevail of the competitors which they said did make the former point less doubtful of the multitude of dangers that thereby did hang over the Commonwealth of England though it wanted not doubt also in particular what and where they should fall for said they wheresoever many pretenders of the bloud Royal are known to be competitors to a Crown there cannot chuse but many perils also must be imminent to the Realm To this one of the company said that he did not see how there could be either so many pretenders to the Crown as the day before had been spoken of in that place for the Common Lawyer before named newly come out of England had told them that he had heard of some 9. or 10. or more Plots that were debated within the Realm for so many pretenders or if there were any such great number descended of the Bloud Royal yet their titles could not be so doubtful seeing it was an easie matter to discern who was next in discent of bloud and who not Not so easie quoth this Gentleman Lawyer for that although it cannot be denied but that there is among all such as may pretend at this day a certain known order and degree of nearness in bloud to some King or Queen that hath possessed the Crown before them and in this discent it is known also commonly who descendeth of the elder house and who of the younger and other such like vulgar circumstances yet notwithstanding for that there be many other points considerable in this affair as the right of the first stock whereof each part doth spring the disableing of the same stock afterwards by attainders or otherwise the
with divers sorts of musical Instruments under Asaph Heman and other principal men that should be Heads of the Choir He appointed all Officers needful both for his Court and also the Commonwealth with the Arms of the Crown which was a Lion in remembrance of the Lion that he slew with his own hands when he was a Child He ordained a Mint with a peculiar form of Money to be stamped took order for distributing Relief to the poor and other like Acts of a prudent and pious Prince After all this he turn'd himself to his old Exercise of War to which he was given from his childhood being wonderful valiant of his own person as appeareth by the Lion and Bear that he slew with his own hands and the courage wherewith he took upon him the combat with Goliah and as he had shewed himself a great Warrier and renowned Captain many years in the service of Saul against the Philistines and had gained many noble Victories so much more did he after he was King himself for that he conquered not only the Philistines but also the Amorites Idumeans and Moabites with the Kings and People of Damasco and all Syria even unto the River Euphrates and left all these Countries peaceable to his Successor and the Scripture recounteth in one only Chapter how that in three or four Battels wherein David himself was present within the space of two or three years almost a hundred thousand Horse and Foot were slain by him and that himself slew in his days eight hundred with his own hands and that he made by his Example Thirty seven such Captains as each one of them was able to lead and govern a whole Army and yet among all these Expences of Wars had he care to lay up so much Money and Treasure as was sufficient for the building an huge and wonderful Temple after him which he recommended to his Son Solomon And amidst all this Valour and Courage of so warlike a King and Captain had he so much Humility as to humble himself to Nathan the Prophet when he came to rebuke him for his Fault and so much Patience and Charity as to pardon Shimâ—i that reviled him and threw stones at him in the High-way as he went And among so many and continual businesses both Martial and Civil and great affairs of the Commonwealth he had time to write so many Psalms as we see and to sing praises seven times a day to Almighty God and to feel that Devotion at his death which we read of And finally he so lived and so died as never Prince I think before him nor perhaps after him so joyned together both Valour and Vertue Courage and Humility Wisdom and Piety Government and Devotion Nobility and Religion Wherefore though I have been somewhat longer than I would in this Example yet hath it not been from the purpose to note somewhat in particular what two worthy Kings were put up by God in place of two other by him deprived and deposed And now if we will leave the Hebrews and return to the Romans of whom we spake before we shall find divers things notable in that State also to the purpose we have in hand For before I told you how that Romulus their first King having by little and little declined into Tyranny he was slain and cut in pieces by the Senate which at that time contained a hundred in number and in his place was chosen Numa Pompilius the notablest King that ever they had who prescribed all their order of Religion and manner of Sacrifices imitating therein and in divers points the Rites and Ceremonies of the Jews as Tertullian and other Fathers do note He began also the building of their Capitol added the two Months of January and February to the Year and did other such notable things for that Common-wealth Again When Tarquinus the proud their seventh and last King was expelled by the same Senate for his evil Government and the whole Government changed as before hath been touched we see the success was prosperous for that not only no hurt came thereby to the Commonwealth but exceeding much good seeing their Government and increase of Empire was so prosperous under their Consuls for many years in such sort that whereas at the end of their Kings Government they had but fifteen miles Territory without their City it is known that when their Consuls Government ended and was changed by Julius Caesar their Territory reached more â—han fifteen thousand miles in compass for that they had not only Europe under their Dominion but the principal parts also of Asia and Africa So as this chastisement so justly laid upon their Kings was profitable and beneficial to their Commonwealth also Moreover When Julius Caesar upon particular Ambition had broken all Law both Humane and Divine and taken all Government into his own hands alone he was in revenge thereof slain as the World knoweth by Senators in the Senate-house and Octavianus Augustus preferred in his room who proved the most famous Emperor that ever was I might note here also how Nero sixth Emperor of Rome which succeeded lawfully his Unkle Claudius in the Empire and being afterward deposed and sentenced to Death by the Senate for his wicked Government which was the first judicial Sentence that ever the Senate gave against an Emperour albeit peace ensued not presently but that Galba Otho and Vitellius three Captains of the Empire made some little interludes of tragical killing one another yet within few months the whole Empire by that means fell upon Vespatian and his Son Titus two of the best Governours that ever those times saw The like might be noted of the noble rank of five excellent good Princes viz Nerva Trajan Adrian Antonius Pius and Marcus Aurelius that ensued in the Empire by the just Death of cruel Domitian which Execution the Senate is thought in secret to have procured not being able to perform it openly by Justice which was seen by that that when the act was done the Senate did presently by publick Decree allow of the same and disannulled all his barbarous Acts for their exceeding Cruelty and commanded his Arms and Memories to be pulled down every where and chose for his Successor one Coccenis Nerva an Italian a man of excellent Vertue by whom they enjoyed not only the most prosperous time of his Government but of all those four before-named that ensued him no less worthy than himself Not long after the succession of these excellent good Emperours there came to the Crown by lawful Descent of Bloud a Youth named Antonius Heliogabalus Son of the Emperour Antonius Carcalla and Nephew to the most famous and noble Emperour Septimus Severus that died in England Which Youth as he was greatly loved and honoured a great while for so worthy a Grand-father so afterwards for his own most beastly Life and foul Actions he was
our Witness at the Last Day to condemn or deliver us as before I have said he must needs sin grievously or damnably as the Apostle here saith who committeth any thing against his own Conscience though otherwise the thing were not only indifferent but very good also in it self for that of the doers part there wanteth no malice or will to sin seeing he doth that which he apprehendeth to be naught though in it self it be not And now to apply all this to our purpose for England and for the matter we have in hand I affirm and hold that for any man to give his help consent or assistance towards the making of a King whom he judgeth or believeth to be faulty in Religion and consequently would advance either no Religion or the wrong if he were in Authority is a most grievous and damnable sin to him that doth it of what side soever the Truth be or how good or bad soever the Party be that is preferred For if S. Paul have pronounced so absolutely and plainly in the place before alledged that even in eating of a piece of Meat it is damnable for a man to discern and yet eat what may we think will it be in so great and important a matter as the making of a King is for a man to dissemble or do against his own Conscience and Judgment that is to say to discern and judge that he is an Infidel or Heretick or wicked man or Atheist or erroneous in Religion and yet to further his Advancement and Government over Christians where he shall be able to pervert infinite and to pull down all Honour and Service due unto God and whether he do this evil afterwards or no yet shall I be guilty of all this for that knowing and perswading my self that he is like or in disposition to do it yet for fear flattery carelesness kindred emulation against others vain pretence of Title lack of Zeal to God's Cause or for other the like passions or temporal respects I do favour further or sooth him in his pretences or do not resist him when it lieth in my power by all which I do justly make my self guilty of all the evils hurts miseries and calamities both temporal and spiritual which afterwards by his evil Government do or may ensue for that I knowing him to be such a one did notwithstanding assist his Promotion And thus much now for matter of Conscience but if we consider Reason of State also and worldly Policy it cannot be but great folly and oversight for a man of what Religion soever he be to promote to a Kingdom in which himself must live one of a contrary Religion to himself for let the Bargains and Agreements be what they will and fair promises and vain hopes never so great yet seeing the Prince once made and settled must needs proceed according to the Principles of his own Religion it followeth also that he must come quickly to break with the other Party though before he loved him never so well which yet perhaps is very hard if not impossible for two of different Religions to love sincerely but if it were so yet so many jealousies suspicions accusations calumniations and other aversions must needs light upon the Party that is of different Religion from the State and Prince under whom he liveth as not only he cannot be capable of such Preferments Honours Charges Governments and the like which men may deserve and desire in their Commonwealths but also he shall be in continual danger and subject to a thousand molestations and injuries which are incident to the condition and state of him that is not currant with the course of his Prince and Realm in matters of Religion and so before he be aware he becometh to be accounted an enemy or backward man which to remedy he must either dissemble deeply and against his own Conscience make shew to favour and set forward that which in his heart he doth detest which is the greatest Calamity and Misery of all other though yet many times not sufficient to deliver him from Suspicion or else to avoid this everlasting perdition he must break withal the temporal Commodities of this Life and leave the Benefits which his Countrey and Realm might yield him and this is the ordinary end of all such men how soft and sweet soever the beginnings be And therefore to conclude at length all this tedious Speech wherewith I fear me I have wearied you against my will seeing there be so great Inconveniences and Dangers both Temporal and Eternal and in respect both of God and man Body and Soul as hath been declared to advance a Prince of contrary Religion to the Crown and considering that in England there is so great diversity of Religions as the World knoweth between these Parties and Factions that have to pretend or admit the next Prince after her Majesty that now is calling to mind also the great Liberty Scope and Authority which the Commonwealth hath in admitting or rejecting the Pretenders upon Considerations be their Right of Succession never so plain or clear as before hath been shewed and laying finally before our eyes the manifold and different Acts of Christian Realms before mentioned in this Affair all these things I say being laid together you may see whether I had reason at the beginning to think and affirm that it was a doubtful Case who should be our next Prince after the Queens Majesty that now sitteth at the Stern and if beyond all this that I have said our Friend the common Lawyer here present shall prove also as at the first entrance he promised that among such as do or may pretend of the Blood Royal at this day their true Succession and next propinquity by Birth is also uncertain and disputable then is the matter made thereby much more ambiguous and God only knoweth who shall prevail and to him only is the matter to be commended as far as I see and with this I make an end thanking you most heartily for your patience and craving pardon for that I have been too long or for any other fault that in this Speech I have committed The End of the First PART THE PREFACE OF THE Second Part. THe Civilian had no sooner ended his Discourse but all the Company being most desirous to hear what the Temporal Lawyer had prepared to say about the several Titles of the present Pretenders to the Crown of England began with one accord to request him earnestly for the performance of his promised Speech in that behalf who shewing himself neither unwilling nor unready for the same told them that he was content to yield to their desires but yet with one condition which was that he would take in hand this matter with the same asseveration and protestation with the Civilian in some occasions had used before him and it liked him well to wit that having to speak in this Discourse of many Princes Peers
and Nobles of the Royal Blood of England to all which by Law of Nature Equity and Reason he said that he bare reverent honour and respect and to discuss their several Pretentions Rights Interests and Titles to the Crown he said that his meaning was not to offend hurt or prejudicate none nor to determin any thing resolutly in favour or hinderance of any of their Pretences or Claims of what Side Family Faction Religion or other Party soever he or she were but rather plainly and indifferently without hatred or partial affection to or against any to lay down sincerely what he had heard or read or of himself conceived that might justly be alledged in favour or disfavour of every Titler And so much the rather he said that he would do this for that in very truth the Civilians speech had put him in a great indifferency concerning matter of Succession and had taken out of his Head many scrupulosities about nice Points of Nearness in Blood by the many Examples and Reasons that he had alledged of the Proceeding of Christian Commonwealths in this Affair preferring oftentimes him that was further off in Blood upon other Considerations of more weight and importance which Point seemed to him to have been so evidently proved as no man can deny it and much less condemn the same without the Inconveniences before alledged and mentioned of calling all in doubt that now is established in the World considering that not only foreign Countries but England also it self so often hath used the same putting back the next in Blood Wherefore he said that for as much as Commonwealths and the consent will and desire of each Realm was proved to have High and Soveraign Authority in this Affair and that as on the one side Nearness of Blood was to be respected so on the other there wanted not sundry considerations and circumstances of as great moment as this or rather greater for that oftentimes these considerations had been preferred before Nearness of Blood as hath been declared I do not know quoth he who of the Pretenders may next obtain the Garland whatsoever his Right by Propinquity be so he have someright as I think all have that do pretend and therefore I mean not to stand upon the justification or impugning of any one Title but rather to leave all to God and to them that must one day try and judge the same in England to whom I suppose this Speech of mine cannot be but grateful and commodious for the better understanding and discerning of those matters whereof of necessity ere it be long they must be Judges and Vmpires when God shall appoint and consequently for them to be ignorant or unacquainted with the same as men say that commonly most in England at this day cannot be but very inconvenient and dangerous In this manner he spake and after this he began his discourse setting down first of all the sundry Books and Treatises which he understood had been made or written hitherto of this Affair CHAP. I. Of the divers Books and Treatises that have been written heretofore about the Titles of such as pretend to the Crown of England aed what they do contain in favour or disfavour of sundry Pretenders ACcording to the Variety of mens Judgments and Affections of man in this behalf so said the Lawyer that divers had written diversly in sundry Books and Treatises that had come to light and went among men from hand to hand though all were not printed And First of all he said that not long after her Majesties coming to the Crown there appeared a certain Book written in the favour of the house of Suffolk and especially of the Children of the Earl of Hartford by the Lady Catharin Gray which Book offended highly the Queen and Nobles of England and was afterwards found to be written by one Hales sirnamed the Club foot who was Clerk of the Hamper and Sir Nicolas Bacon then Lord Keeper was presumed also to have had a principal part in the same for which he was like to have lost his Office if Sir Antony Brown that had been Chief Judge of the Common Pleas in Queen Maries time would have accepted thereof when her Majesty offered the same unto him and my Lord of Leicester earnestly exhorted him to take it but he refused it for that he was of a different Religion from the State and so Sir Nicolas Bacon remained with the same at the great instance of Sir William Cecill now Lord Treasurer who though he were to be privy also to the said Book yet was the matter so wisely laid upon Hales and Bacon and Sir William was kept free thereby to have the more Authority and Grace to procure the others pardon as he did The bent and butt of this Book was as I have said to prefer the Title of the Lady Catharine Gray Daughter of the Lady Frances Dutchess of Suffolk which Frances was Daughter to Mary the younger Daughter to King Henry VII before the Title of the Queen of Scots then living and of her Son which were descended of Lady Margaret eldest Daughter of the said King Henry And the reasons which this Book did alledge for the same were principally two The First that the Laws of England did not admit any stranger or alien to inherit in England to wit any such as were born out of the Allegiance of our Realm for so are the words of the Law and for that the Queen of Scots and her Son are known to be so born therefore they could not succeed and consequently that the house of Suffolk descended of the second Daughter must enter in their place The second Reason is for that there is given Authority to King Henry VIII by two several Acts of Parliament in the 28. and 36. Year of his Reign to dispose of the Succession by his last Will and Testament as he should think best among those of his Kindred that did pretend after his Children aâ—â— that the said King according to his Commission did ordain that if his own Children did dye without issue then the Off-spring of his younger Sister Mary that were born in England should be preferred before the Issue of the elder that was Margaret married into Scotland and this was the effect of this first Book Against this Book were written two other soon after the First by one Morgan a Divine if I remember well sometimes Fellow of Oriel Colledge in Oxford a man of good account for Learning among those that knew him and he was thought to have written the said Book by the advice and assistance of the foresaid Judge Brown which thing is made the more credible by the many Authorities of our Common Law which therein are alledged and the parts of this Book if I forget not were three or rather they were three Books of one Treatise the first whereof did take upon it to clear the said Queen of Scots for the Murther of the Lord
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
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
reason is for that we read that this Lord Edmond was a goodly wise discreet Prince notwithstanding that some Authors call him Crouchback and that he was highly in the favour both of his Father King Henry as also of his Brother King Edward and imployed by them in many great Wars and other affairs of State both in France and other where which argueth that there was no such great defect in him as should move his Father and the Realm to deprive him of his Succession Thirdly we read that King Henry procured by divers ways and means the advancement of this Lord Edmond as giving him the Earldoms of Leicester and Darby besides that of Lancaster as also procuring by all means possible and with exceeding great charges to have made him King of Naples and Sicilie by Pope Innocentius which had been no policy to have done if he had been put back from his Inheritance in England for that it had been to have Armed him against his Brother the King Fourthly we see that at the death of his Father King Henry the III. this Lord Edmond was principally left in charge with the Realm his elder Brother Prince Edward being scarsly returned from the War of Asia at what time he had good occasion to challenge his own right to the Crown if he had had any seeing he wanted no power thereunto having three goodly Sons at that time alive born of his Wife Queen Blanch Daugher of Navarre and County of Champain to whom she had born only one Daughter that was married to Philip le Bel King of France But we shall never read that either he or any of his Children made any such claim but that they lived in very good agreement and high grace with King Edward the first as his Children did also with King Edward the II. until he began to be mis-led in Government and then the two Sons of this Lord Edmond I mean both Thomas and Henry that Successively were Earls of Lancaster made War upon the said Edward the II. and were the principal Actors in his deposition and in setting up of his Son Edward the III. in his place aâ— what time it is evident that they might have put in also for themselves if their title had been such as this report maketh it A fifth reason is for that if this had been so that Edmond Earl of Lancaster had been the elder Brother then had the controversie between the two Houses of York and Lancaster been most clear and without all doubt at all for then had the House of York had no pretence of right in the World and then were it evident that the Heirs general of Blanch Dutchess of Lancaster Wife of John of Gaunt to wit the descendents of Lady Philip her Daughter that was married into Portugal these I say and none other were apparent and true Heirs to the Crown of England at this day and all the other of the House of York usurpers as well King Henry the VII as all his posterity and off-spring for that none of them have descended of the said Blanch as is manifest And therefore lastly the matter standeth no doubt as Polidor holding in the latter end of the life of King Henry the III. where having mentioned these two Sons Edward and Edmond he addeth these words There wanted not certain men long time after this that affirmed this Edmond to be the elder Son to King Henry the III. and to have been deprived of his Inheritance for that he was deformed in body but these things were feigned to the end that King Henry the IV. that came by his Mothers side of this Edmond might seem to have come to the Kingdom by right whereas indeed he got it by force Thus saith Polidor in this place but afterward in the beginning of the life of the said King Henry the IV. he saith that some would have had King Henry to have pretended this Title among other reasons but that the most part accounting it but a meer fable it was omitted Now then it being clear that of these two Sons of King Henry the III. Prince Edward was the Elder and Lawful Heir it remaineth only that we set down their several descents unto the times of King Edward the III. and his Children in whose days the dissention and controversie between these Royal Houses of York and Lancaster began to break forth And for the Issue of Edward that was King after his Father by the name of King Edward the first it is evident that albeit by two several Wives he had a dozen Children male and female yet only his fourth Son by his first Wife called also Edward who was King after him by the name of King Edward the II left Issue that remained which Edward the II being afterward for his evil Government deposed left Issue Edward the III. who was made King by election of the people in his place and after a long and prosperous Reign left divers Sons whereof after we shall speak and among them his III. Son named John of Gaunt married Lady Blanch Daughter and Heir of the House of Lancaster and of the forenamed Lord Edmond Crouchback by which Blanch John of Gaunt became Duke of Lancaster so as the lines of these two Brethren Edward and Edmond did meet and joyn again in the fourth descent as now shall appear by declaration of the Issue of the foresaid Lord Edmond Edmond then the second Son of King Henry the third being made County Palatine of Lancaster as also Earl of Leicester and of Darby by his Father King Henry as hath been said had issue three Sons to wit Thomas Henry and John among whom he divided his three States making Thomas his eldest Son County Palatine of â—ancaster Henry Earl of Leicester and John Earl of Darby But Thomas the eldest and John the youngest dying without Issue all three States fell again upon Henry the second Son which Henry had Issue one Son and three Daughters his Son was named Henry the second of that name Earl of Lancaster and made Duke of Lancaster by King Edward the third and he had one only Daughter and Heir named Blanch who was married unto John of Gaunt as before hath been said But Duke Henry's three Sisters named Joan Mary and Eleanor were all married to divers principal men of the Realm for that Joan was married to John Lord Maubery of whom are descended the Howards of the House of Norfolk at this day and Mary was married to Henry Lord Percy from whom cometh the House of the Earls of Northumberland and Eleanor was married to Richard Earl of Arundel thence is issued also by his Mothers side the Earl of Arundel â—hat now is so as of this ancient Line of Lancaster there want not noble Houses within the Realm at this day issued thence before the controversie fell out between York and this Family of which controversie how it rose and how it was continued I
that seeing rigour of Law runneth only with the Uncle for that indeed he is properly nearest in bloud by one degree and that only indulgence and custom serveth for the Nephew permitting him to represent the place of his Father who is dead they resolve I say that whensoever the Uncle is born before the Nephew and the said Uncle's elder Brother died before his Father as it happened in the case of John of Gaunt and of King Richard there the Uncle by right may be preferred for that the said elder Brother could not give or transmit that thing to his Son which was not in himself before his Father died and consequently his Son could not represent that which his Father never had and this for the Civil Law Touching our Common Laws the favourers of Lancaster do say two or three things first that the right of the Crown and interest thereunto is not decided expresly in our law nor is it a plea subject to the common rules thereof but is superiour and more eminent and therefore that men may not judge of this as of other pleas of particular persons nor is the Tryal alike nor the common maxims or rules always of force in this thing as in others which they prove by divers particular cases as for example the Widow of a private man shall have her thirds of all his Lands for her Dowry but not the Queen of the Crown Again if a private man have many daughters and die seized of Lands in Fee-simple without Heir Male his said daughters by law shall have the said Lands as co-partners equally divided between them but not the daughters of a King for that the eldest must carry away all as though she were Heir male The like also is seen if a Baron match with a Feme that is an Inheritrix and have Issue by her though she die yet shall he enjoy her Lands during his life as Tenant by courtesie but it is not so in the Crown if a man marry with a Queen as King Philip did with Queen Mary and so finally they say also that albeit in private mens possessions the common course of our law is that if the Father die seized of Land in Fee-simple leaving a younger Son and a Nephew that is to say a Child of his Elder Son the Nephew shall succeed his Grandfather as also he shall do his Uncle if of three Brethren the elder die without Issue and the second leave a Son yet in the inheritance and succession of the Crown it goeth otherwise as by all the fotmer eight examples have been shewed and this is the first they say about the common law The second point which they affirm is that the ground of our Common Laws consisteth principally and almost only about this point of the Crown in custom for so say they we see by experience that nothing in effect is written thereof in the common law and all old Lawyers do affirm this point as were Ranulfus de Granvilla in his books of the laws and customs of England which he wrote in the time of King Henry the second and Judge Fortescue in his book of the praise of English laws which he compiled in the time of King Henry the sixth and others Whereof these men do infer that seeing there are so many presidents and examples alledged before of the Uncles case preferred before the Nephew not only in foreign Countries but also in England for this cause I say they do affirm that our common laws cannot but favour also this title and consequently must needs like well of the interest of Lancaster as they avouch that all the best old Lawyers did in those times and for example they do Record two by name of the most famous learned men which those ages had who not only defended the said title of Lancaster in those days but also suffered much for the same The one was the forenamed Judge Fortescue Chancellor of England and named Father of the common laws in that age who fled out of England with the Queen Wife of King Henry the sixth and with the Prince her Son and lived in banishment in France where it seemeth also that he wrote his learned book intituled de laudibus legum Angliae And the other was Sir Thomas Thorpe chief Baron of the Exchequer in the same Reign of the same King Henry the sixth who being afterward put into the Tower by the Princes of the House of York for his eager defence of the title of Lancaster remained there a long time and after being delivered was beheaded at High-gate in a tumult in the days of King Edward the fourth These then are the allegations which the favourers of the House of Lancaster do lay down for the justifying of the title affirming first that John of Gaunt Duke of Lancaster ought to have succeeded his Father King Edward the third immediately before King Richard and that injury was done unto him in that King Richard was preferred And secondly that King Richard were his right never so good was justly and orderly deposed for his evil Government by lawful authority of the Commonwealth And thirdly that after his deposition Henry Duke of Lancaster Son and Heir of John of Gaunt was next in succession every way both in respect of the right of his Father as also for that he was two degrees nearer to the King deposed then was Edmond Mortimer descended of Leonel Duke of Clarence and these are the principal and substantial proofs of their right and title But yet besides these they do add all these other arguments and considerations following first that whatsoever right or pretence the House of York had the Princes thereof did forfeit and lose the same many times by their conspiracies rebellions and attainders as namely Richard Earl of Cambridge that married the Lady Anne Mortimer and by her took his pretence to the Crown was convicted of a conspiracy against King Henry the fifth in Southampton as before I have said and there was put to death for the same by Judgment of the King and of all his Peers in the year 1415. the Duke of York his elder Brother being one of the Jury that condemned him This Earl Richards Son also named Richard coming afterward by the death of his Uncle to be Duke of York first of all made open claim to the Crown by the title of York But yet after many oaths sworn and broken to King Henry the sixth he was attainted of Treason I mean both he and Edward his Son then Earl of March which afterward was King with the rest of his off-spring even to the ninth degree as Stow affirmeth in a Parliament holden at Coventry in the year 1459. and in the 38. year of the Reign of the said King Henry and the very next year after the said Richard was slain in the same quarrel but the House of Lancaster say these men was never attainted of any such
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
affirm by the Causes and Arguments before-alledged against him no reason say they but that this Lady should enter into his place as next in Bloud unto him Secondly it is alledged in her behalf That she is an English woman born in England and of Parents who at the time of her Birth were of English Allegiance wherein she goeth before the King of Scots as hath been seen as also in this other principal point that by her admission no such inconvenience can be feared of bringing in strangers or causing Troubles or Sedition within the Realm as in the pretence of the Scottish King hath been considered And this in effect is all that I have heard alledged for her But against her by other Competitors and their Friends I have heard divers Arguments of no small Importance and Consideration produced whereof the first is that which before hath been alledged against the King of Scotland to wit that neither of them is properly of the House of Lancaster as in the Genealogy set down in the third Chapter hath appeared And secondly That the title of Lancaster is before the pretence of York as hath been proved in the fourth Chapter whereof is inferred that neither the King of Scots nor Arabella is next in Succession And for that of these two propositions there hath been much treated before I remit me thereunto only promising That of the first of the two which is how King Henry VII was of the House of Lancaster touching Right of Succession I shall handle more particularly afterward when I come to speak of the House of Portugal whereby also shall appear plainly what pretence of Succession to the Crown or â—utchy of Lancaster the Descendents of the said King Henry can justly make The second Impediment against the Lady Arabella is the aforesaid Testament of King Henry VIII and the two Acts of Parliament for authorising of the same by all which is pretended that the House of Suffolk is preferred before this other of Scotland A third Argument is For that there is yet living one of the House of Suffolk that is nearer by a degree to the Stem to wit Henry VII to whom after the decease of Her Majesty that now is we must return than is the Lady Arabella or the King of Scots and that is the Lady Margaret Countess of Darby Mother to the present Earl of Darby who was Daughter to Lady Eleanor Daughter of Queen Mary of France that was second Daughter of King Henry VII so as this Lady Margaret Countess of Darby is but in the third degree from the said Henry whereas both the King of Scotland and Arabella in the fourth and consequently she is next in propinquity of Bloud and how greatly this propinquiâ—y hath been favoured in such cases though they were of the younger Line the Examples before-alledged in the fourth Chapter do make manifest Fourthly and lastly and most strongly of all they do argue against the title of this Lady Arabella affirming that the descent is not free from bastardy which they prove first for that Queen Margaret soon after the death of her first Husband and King James the IV. married secretly one Stuart Lord of Annerdale which Stuart was alive long after her marriage with Douglas and consequently this second marriage with Douglas Stuart being alive could not be lawful which they do prove also by another name for that they say it is most certain and to be made evident that the said Archibald Douglas Earl of Anguis had another Wife also alive when he married the said Queen which points they say were so publick as they came to King Henry's ears whereupon he sent into Scotland the Lord William Howard Brother to the old Duke of Norfolk and Father to the present Lord Admiral of England to enquire of these points and the said Lord Howard found them to be true and so he reported not only to the King but also afterwards many times to others and namely to Queen Mary to whom he was Lord Chamberlain and to divers others of whom many be yet living which can and will testifie the same upon the relation they heard from the said Lord William's own mouth whereupon King Henry was greatly offended and would have hindred the Marriage between his said Sister and Douglas but that they were married in secrret and had consumated their Marriage before this was known or that the thing could be prevented which is thought was one especial cause and motive also to the King afterward to put back the Issue of his said Sister of Scotland as by his forenamed Testament is pretended and this touching Arabella's title by propinquity of Birth But besides this the same men do alledge divers reasons also of inconvenience in respect of the Commonwealth for which in their opinions it should be hurtful to the Realm to admit this Lady Arabella for Queen As first of all for that she is a Woman who ought not to be preferred before so many men as at this time stand for the Crown And that it were much to have three Women to Reign in England one after the other whereas in the space of above a thousand years before them there hath not reigned so many of that Sex neither together nor asunder for that from Cordick first King of the West Saxons unto Egbert the first Monarch of the English Name and Nation containing the space of more then 300 years no one Woman at all is found to have Reigned and from Egbert to the Conquest which is almost other 300 years the like is to be observed and from the Conquest downwards which is above 500 years one only Woman was admitted for Inheritrix which was Maud the Empress Daughter of King Henry I. who yet after her â—athers death was put back and King Stephen was admitted in her place and she never received by the Realm until her Son Henry II. was of age to govern himself and then he was received with express condition That he should be Crowned and govern by himself and not his Mother which very condition was put also by the Spaniards not long after at their admitting of the Lady Berenguela younger Sister of Lady Blanch Neece to King Henry II. whereof before often mention hath been made to wit the Condition was That her Son Ferdinando should govern and not she though his title came by her so as this Circumstance of being a Woman hath ever been of much consideration especially where men do pretend also as in our Case they do Another Consideration of these men is that if this Lady should be advanced unto the Crown though she be of Noble Bloud by her Fathers side yet in respect of Alliance with the Nobility of England she is a meer stranger for that her Kindred is only in Scotland and in England she hath only the Candishes by her Mothers side who being but a mean Family might cause much grudging among the
before hath been declared and preferreth it self in degree of Propinquity not only before the aforesaid two Houses of Scotland and Clarence but also before this other part of the House of Suffolk I mean the Family of Hartford though descended of the elder Daughter for that the Countess of Darby doth hold her self one degree nearer in descent than are the other Pretenders of Hartford as hath been shewed And albeit there want not many Objections and Reasons of some against this pretence of the House of Darby besides that which I have touched before yet for that they are for the most part personal Impediments and do not touch the right or substance of the title or any other important reason of State concerning the Common-wealth but only the mislike of the persons that pretend and of their Life and Government I shall omit them in this place for that as in the beginning I promised so I shall observe as much as in me lies to utter nothing in this Conference of ours that may justly offend and much less touch the Honour and Reputation of any one Person of the Bloud-Royal of our Realm when the time of admitting or excluding cometh then will the Realm consider as well of their Persons as of their Rights and will see what account and satisfaction each person hath given of his former life and doings and according to that will proceed as is to be supposed But to me in this place it shall be enough to treat of the first point which is of the Right and Interest pretended by way of Succession And so with this I shall make an end of these Families and pass over to others that do yet remain CHAP. VII Of the Houses of Clarence and Britany which contain the â—laims of the Earl of Huntington with the Pooles as also of the Lady Infanta of Spain and others of those Families HAving declared the Claims Rights and Pretences which the two Noble Houses of Scotland and Suffolk descended of the two Daughters of King Henry VII have or may have to the Succession of England with intention afterward to handle the House of Portugal apart which pretendeth to comprehend in it self the whole Body or at lâ—ast the first and principal Branch of the ancient House of Lancaster it shall not be amiss perhaps by the way to treat in this one Chapter so much as appertaineth to the two several Houses of Clarence and Britany for that there is less to be said about them then of the other And first of all I am of opinion that the Earl of Huntington and such other pretenders as are of the House of York alone before the Conjunction of both Houses by King Henry VII may be named to be of the House of Clarence and so for distinction sake I do name them not to confound them with the Houses of Scotland and Suffolk which are termâ—d also by the Lancastrians to be of the House of York alone for that they deny them to be of the true House of Lancaster but principally I do name them to be of the House of Clarence for that indeed all their Claim and Title to the Crown doth desâ—end from George Duke of Clarence as before in the third Chapter and elsewhere hath been declared which Duke George being Brother to King Edward IV. and put to death by his order left Issue Edward Earl of Warwick and of Salisbury who was put to death by King Henry VII in his youth and Margaret Countess of Salisbury which Margaret had Issue by Sir Richard Poole Henry Poole Lord Montague afterwards beheaded and he again Katharine married to Sir Francis Hastings Earl of Huntington by whom she had Sir Henry Hastings now Earl of Huntington Sir George Hastings his Brother yet living and others So as the Earl of Huntington with his said Brethren are in the fourth degree from the said George Duke of Clarence to wit his Nephews twice removed The said Margaret Countess of Salisbury had a younger Son also named Sir Geffrey Poole who had Issue another Geffrey and this Geffrey hath two Sons alive at this day in Italy named Arthur and Geffrey who are in the same degree of distance with the said Earl of Huntington saving that some alledge for them that they do descend all by male-kind from Margaret and the Earl pretendeth by a Woman whereof we shall speak afterwards Hereby then it is made manifest how the Earl of Huntington cometh to pretend to the Crown of England by the House of York only which is no other indeed but by the debarring and disabling of all other former Pretenders not only of Portugal and of Britany as strangers but also of the Houses of Scotland and Suffolk that hold likewise of the House of York and for the Reasons and Arguments which in the former two Chapters I have set down in particular against every one of them and shall hereafter also again those that remain which Arguments and Objections or any of them if they should not be found sufficient to exclude the said other Houses then is the Claim of this House of Huntington thereby made void for that it is as we see by the younger Child of the House of York that is to say by the second Brother So as if either the pretence of Lancaster in general be better than that of Yoâ—k or if in the House of York it self any of the forenamed Pretenders descended from King Edward IV. as of the elder Brother may hold or take place then holdeth not this title of Clarence for that as I have said it coming from the younger Brother must needs be grounded only or principally upon the barring and excluding of the rest that joyntly do pretend Of which Bars and Exclusions laid by this House of Clarence against the rest for that I have spoken sufficiently in the last two Chapters going before for so much as toucheth the two Houses of Scotland and Suffolk and shall do afterwards about the other two of Britany and Portugal I mean in this place to omit to say any more therein and only to consider what the other Competitors do alledge against this House of Clarence and especially against the pretence of the Earl of Huntington as chief Titler thereof for to the excluding of him do concur not only those other of opposite Houses but also the Pooles of his own House as now we shall see First thâ—n the contrary Houses do alledge generally against all this House of Clarence that seeing their Claim is founded only upon the Right of the Daughter of George Duke of Clarence second Brother to King Edward IV. evident it is that so long as any lawful Issue remaineth of any elder Daughter of the said King Edward the elder Brother as they say much doth and cannot be denied no Claim or Pretence of the younger Brothers Daughter can be admitted And so by standing upon this and answering to the Objections alledged before against the
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
Foreigners all those that are not of the same Dominion and Government though otherwise they be of the same Nation and Language according as those other men that are Enemies to Strangers said a little before if you remember that the Princes of the House of Guise and their Kindred are taken for Strangers in France by them that by that means would make them odious to the people for that their Ancestors in times past came out of Lorain which is a Province joyning hard upon France of the same Nation Language and Manners but only under another Prince And so I my self noted in my Traveling through Italy that the Florentines are hated and called Strangers in Siena where they govern albeit the one state be not 30 Miles from the other and both of one Nation Language Manners and Education And on the contrary side we shall see that some of different Language and Nation do hold themselves for Country-men as for Example the Biscayns in Spain do not hold the Castilians for Strangers but are contended to be ruled by them as by their own Country-men albeit they be a different Nation and have different Language and Manners and the same I do note in the Brittains and Normans towards the French in the Welsh also towards the English who are a different People and of different language and yet are they Governed peaceably by the English and the English again do account them for their Countreymen as may appear by that when King Henry the VII came to be King of England I do not find any resistance made against him by the English for that respect that he was of that Nâ—tion as evidently he was by his Fathers side that was of the Tidders of Wales so as this point also who be strangers and who be not seemeth to be a thing that dependeth much of the opinion and affection of each People and Nation the one towards the other And this being so these men come to treat more particularly of the Purpose in hand and do say that in two or three manners a Nation may come to be under the Government of Strangers or Foreigners first as a Province that is to say as a piece or member of another Dominion as England was in times past under the Romans and as Ireland is under England at this day as the Brittons are under France as many States of Italy be under the Crowns of Aragon and Castile And this may come to pass either by Conquest and Force of Arms as the Welsh came to be under the English and the English to be under the Normans and Danes and as Sicilia and Naples came to be under the Spaniards and as Normandy and Aquitain came to be under the French and as almost all the World in old time was brought to be under the Romans or otherwise the same may come to pass by Inheritance as Aquitaine and Normandy in times past came to England and as Flanders with the States thereof came to the House of Austria and as Britany to the Crown of France or else thirdly it may happen by mixt means that is to say partly by Force and partly by other means of Composition as Millain came to Spain and Ireland to England according as the Irish do hold and so Portugal hath inour dayes come to the King of Spain for that besides his Hreâ—ence and Right of Inheritance he used also Force of Arms for getting the same Of all these three ways then evinent it is that Conquest is the hardest and most prejudicial to the Subjects for that there all standeth at the will and clemency of the Conquerour whom either Anger or Fear or Jealousy of his assurance may often drive to hold an hard hand over the Conquered at least wise for a time until his Estate be beetter settled so that I marvel not though no People or Countrey commonly would willingly be Conquered but yet Policy also teacheth such a Conquerour whatsoever he be that as on the one side it behoveth him to be watchful and so to fortifie himself as the unquiet can do him no hure so on the other side it is necessary by the same Rule of Policy to use all Favour and sweet means to content and gain those that be or may be made quiet for better establishing of his State even as a Physician after a vehement purgation doth minister lenitives and soft Medicines to calm and appease the good humours left and to strengthen the whole body that it may hold out This we see to be true not only by reason of State and Policy as hath been said but also by experience of all Countries that have been conquered in Europe or other where if the continual resisting and revolting of those that are conquered do not cause a contrary course in the Conqueror as it did in the Conquest of the Danes and Normands upon the English and in the Conquest of the English upon the British or Welsh where the often rifing of them that were overcome enforced the Nanquishers to be much more cruel and rigorous than otherwise they would have been for all our Histories do testifie that King Sweno the Dane and much more his Son King Canutus as also William the Conquerour had a great desire after their victories to have appeased and made much of the English Nation but that they were never quiet under them and so in like manner the English Kings oftentimes gave their Daughters in marriage to the Princes of Wales and many priviledges to that People thereby to gain them but that their continual Revolting caused much severity and blood-shed to be used and the like severity did they use always most favours and gave them most cause oftentimes in the very Romans towards the said Britains conquered But where the People vanquished were content to be quiet and submit themselves there the said Romans used all Favour and Moderation so as it is written of them in the first book of Macchabees Et audivit Judas nomen Romanorum quia sunt potentes viribus acquiescunt ad omnia quae postulantur ab eis That is And Judas Macchabeus heard the name and fame of the Romans how they were potent in strength and yet so gentle as they yielded to all that was demanded at their hands And finally their Government was so just considerate sweet and modest upon all Foreign Nations which they had conquered as it allured divers Nations to desire to be under them and to be rid of their own natural Kings as of the Subjects of Antiochus and Methridates Kings of Asia and Pontus we do read of some otherâ— Princes also thereby to gratifie their Subjects did nominate the Roman Empire for their Successor as did King Attalus King of Pergamus and Ptolomy of Egypt and others and it is the common opinion of Learned men that the World was never more happily governed than under the Romans and yet were they Strangers to
same and as for Demosthenes no marvel though he were so earnest against King Philip of Macedonia his entry upon the Cities of Greece both for that he was well fed on the one side by the King of Asia as all Authors do affirm to the end he should set Athens and other Grecian Cities against King Philip as also for that his own Commonwealth of Athens was governed by popular Government wherein himself held still the greatest sway by force of his Tongue with the People and if any King or Monarch of what Nation soever should have come to command over them as Philip's Son King Alexander the Great did soon after Demosthenes should have had less authority than he had for that presently he was banished and so continued all the time that Alexander lived But if we do consider how this State of the Athenians passed afterward under the great Monarchy of Alexander and other his followers in respect that it did before when it lived in liberty and under their own Government only he shall find their State much more quiet prosperous and happy under the Commandment of a Strangers than under their own by whom they were continually tossed turmoiled with battels emulations and seditions and oftentimes tyrannized by their own People as the Bloody Contentions of their Captains Aristides Themistocles Alcibiades Pericles Nicias and others do declare and as it is evident among other things by their wicked Law of Ostracismus which was to banish for ten years whosoever were eminent or of more wisdom wealth valoâ—r learning or authority among than the rest albeit he had committed no crime or fault at all And finally their having of thirty most horrible and bloudy Tyrants at one time in their City of Athens instead of one Governour doth evidently declare the same say these men and do make manifest how vain and foolish an imagination it was that vexed them how to avoid the Government of Strangers seeing that no Strange Governour in the World would ever have used them as they used themselves or so afflict them as they afflicted themselves To the Objection out of Deuteronomy where God appointeth the Jews to chuse a King only of their own Nation these men do answer that this was at that time when no Nation besides the Jews had true Religion among them which point of Religion the Civilian hath well declared before in his last discourse to be the chiefest and highest thing that is to be respected in the admission of any Magistrate for that it concerneth the true and highest End of a Commonwealth and of all humane Society and for that the Gentiles had not this Ornament of true Religion but were all destitute generally thereof the Jews were forbidden not only to chuse a King of the Gentiles which might pervert and corrupt them but also to company converse or eat and drink with them and this was then but yet afterward when Christ himself came into the World and opened his Church both to Jew and Gentile he took away this restraint so as now all Christian Nations are alike for so much as appertaineth unto Government And consequently to a good and wise Christian man void of passion and fond affection it little importeth as often before hath been said of what Countrey Nation or Lineage his Governour be so he Govern well and have the parts before required of Piety Religion Justice Manhood and other the like requisite to his Dignity Degree and Charge by which parts and vertues only his subjects are to receive benefits and not by his Countrey Generation Lineage or Kindred and this is so much as I have to say at this time about this Affair CHAP. X. Other Secondary and Collateral Lines and how extream doubtful all these Pretences be and which of all these Pretenders are most like to prevail in the end and to get the Crown of England AFter the Lawyer had ended his Discourse about Foreign Government he seemed to be somewhat wearied and said he would pass no further in this Affair for that he had nothing else to say but only to note unto them that besides these principal Titlers of the five Houses mentioned of Scotland Suffolk Clarence Britanny and Portugal there were other Secondary Houses and Lines also issued out of the Houses of Lancaster and York as also of Glocester Buckingham and some other as may appear by the Genealogies set down before in the II. and III. Chapters of which Lines said he there may be perhaps oonsideration and also by Commonwealth when time shall come of choice or admission the matter standing so as the Civilian hath largely declared and shewed before which is that upon such just occasions as these are the Commonwealth may consult what is best to be done for her good and preservation in admitting this or that Pretender seeing that this is the end why all Government was ordained to benefit the Publick And for so much as there is such variety of Persons Pretendents or that may pretend in the five Houses already named as before hath been declared which Persons at least do make some dozen more or less and that besides these there want not others also of Secondary Houses as is evident as well by the former Discourse as also by the Arbor that of these matters is to be seen the Lawyer turned to affirm that the doubtful who shall in the end prevail for that besides the Multitude before-named of Pretenders he avouched very seriously that after all this his Speech he could not well resolve with himself which of all these Titles in true Right of Succession was the best and much less which of the Titlers was likest to prevail and this I presume the Lawyer told them of himself for that he did easily foresee and imagine that after all these Arguments on every side alledged he should be requested by the Company as vehemently he was to put down his opinion what he thought and judged of all the whole matter hitherto discussed and of every mans pretence in particular Which in no case he could be brought to do for a long time but refused the same utterly and craved pardon and yielded many Reasons why it was not convenient and might be odious But all would not serve to acquiet the Company which with all earnest importunity urged him to satisfie their Request and so upon large and earnest Entreaty he was content in the end to yield to this only that he would lay together by way of discourse the probabilities of every side and lastly set down in two or three Propositions or rather Conjecturs his private guess which of them in his judgment was likest to prevail First then he began to say that the probabilities of prevailing or not prevailing of every one of these Pretenders in the next Succession of the Crown of England these Pretenders may be considered and measured either in respect of the party of Religion that was like
Bragansa before mentioned or of the House of Austria seeing there wanteth not many able and worthy Princes of that House for whom there would be the same reasons and considerations to perswade their admission by the English that have been alledged before for the Infanta and the same utilities to the Realm and motives to English-men if such a matter should come in consultation and the same Friends and Forces would not want abroad to assist them For the second part of my Conjecture touching the Earl of Hartford's second Son or one of the Countess of Darbyes Children my Reasons be First for that this second Son seemeth to be cleared in our former Discourse of that Bastardy that most importeth and nearest of all other lieth upon those Children which is for lack of due proof of their Parents Marriage for which defect they do stand declared for illegitimate by publick sentence of the Archbishop of Canterbury as before hath been declared from which sentence this second Son is made free by the arguments before alledged and therein preferred before his elder Brother And secondly for that this younger Son is unmarried for any thing that I do know to the contrary which may be a point of no small moment in such an occasion as hath been noted divers times before for joining or fortifying of Titles by Marriage and for making of compositions of Peace and Union with the opposite Parties And finally for that this second Son being young his Religion is not much talked of and consequently every Party may have hope to draw him to their side especially he being also free as I have said to follow what he shall think best or most expedient for his own advancement without knot or obligation to follow other mens affections or judgments in that point as he would be presumed to be if he were married or much obliged to any other Family I do name also in this second Point the Children of the Countess of Darby first for that in truth the probabilities of this House be very Great both in respect of their Descent which in effect is holden as it were clear from Bastardy as before hath been shewed and then again for their nearness in degree which by the Countess yet living is nearer to King Henry the VII by one degree than any other Competitor whatsoever Secondly I do name this Countess Children and not her self for that I see most men that Favour this House very willing and desirous that some of the said Countess Children should rather be preferred than she her self and this for that she is a Woman and it seemeth to them much to have three Women reign one after the other as before hath been noted so as they would have her Title to be cast rather upon one of her Children even as upon like occasion it hath been shewed before that the Spaniards caused the Lady Berenguela Niece to King Henry the II. to resign her Title to her Son when she should have succeeded by nearness of Inheritance and as a little before that the State of England did after King Stephen unto King Henry the I. his Daughter Maude the Empress whom they caused to pass over her Title to her Son Henry the II. though her own Right should have gone before him by nearness of Succession as also should have done by Orderly Course of Succession the Right of Margaret Countess of Richmond before her Son King Henry the VII as before hath been proved but yet we see that her Son was preferred and the like would these men have to be observed in the Countess of Darby Lastly I do name the Children of this Countess in general and not the Earl of Darby particularly above the other though he be the eldest for two respects First for that his younger Brother is unmarried which is a circumstance whereof divers times occasion hath been offered to speak before and therefore I need to add no further therein And secondly for that divers men remain not so fully satisfied and contented with the Course of that Lord hitherto and do think that they should do much better with his Brother if so be he shall be thought more fit yet are these things uncertain as we see but notwithstanding such is the nature and fashion of man to hope ever great matters of Youths especially Princes God send all just Desires to take place and with this I will end and pass no fupther hoping that I have performed the effect of my Promise made unto You at the beginning FINIS A Perfect and Exact Arbor and Genealogy of all the Kings Queens and Princes of the Blood-Royal of England from the time of William the Conquerour unto our time whereby are to be seen the grounds of the Pretenders to the same Crown at this day according to the Book of R. Doleman set forth of the said Pretenders and their several Claims in the year 1594. THe Antient Houses of the Blood-Royal of England are the House of Lancaster that bears the Red Rose and the House of York that bears the White And then the House of Britany and France joyn'd in one And out of these are made Five particular Houses which are the House of Scotland of Suffolk of Clarence of Britainy and of Portugal And there are 12 different Persons that by way of Succession do pretend each one of them to be next after Her Majesty that now is as by the Book appears 1. Wil. the conqueror reigned 1066. The House of Flanders Robert 1st Son put back by his Brethren 2. Wil Rufus 2d Son of the Conquerour 1087. Wil. D. of Norm E. of Flan. slain before Alest 3. Henry I. 3d. Son of the Conquerour 1101. Mathild married H. V. and then Gâ—ffry D. of Anjon The House of Bloys Consta eldest Daughter married to Alain Fergant D. of Britan Adâ—la 2d daughter married to Steven Earl of Blâ—ys 4. Steven B. of Bloys and Bulloin reigned 1135. The House of Succession of Britany Conan II. D. of Britany surna med Le Gross Hâ—â—l disinherited by his Father Berthaâ—eir to Conan married to Eudo E. of Pâ—rret Conan III. D. of Britany Son to Bertha Const. mar 1st to Ges â— Son to H. II. aâ—d after to Guy Viseâ— Touan Alice heir of Britany married to the E. of Druce Isabel second Daughter of Constance The House of France Hen. 1st Son crown'd but died in his Fathers days 6. Richard I. 2d Son reigned 1190. Arth. D. of Brit. slain by his Uukle Jo. in Roan Cast. Geffry 3d. Son Duke of Britany by his Wife 5. Henry II. Duke of Anjou reigned 1254. 7. John 4th Son of Henry II. reigned 1200. Elean eldest Daughter married to K. Alfonsus IX of Casâ—â—ile Blanch eldest daughter c Heir marri'd to Lâ—w VIII of France Lewis VIII K. of Fr. chosen K. of Eng. in place of John depriv'd Lewis IX K of France from whom descendeth â— Infan of Sp. The first Antient House of
own Sisters which point yet in England were great disorder and would not be suffered for that our Laws are otherwise and who made these Laws but the Commonwealth it self By all which we see that divers Kingdoms have divers Laws and Customs in the matter of Succession and it is not enough as often I have said for a man to alledge bare propinquity of Bloud thereby to prevail for that he may be excluded or put back by divers other circumstances and for sundry other reasons which afterwards we shall discuss Yea not only in this point said he hath the Commonwealth Authority to put back the next Inheritors upon lawful Considerations but also to dispossess them that have been lawfully put in possession if they fulfil not the Laws and Conditions by which and for which their Dignity was given them Which point as it cannot serve for wicked men to be troublesom unto their own Governours for their own Interests or Appetites so yet when it is done upon just and urgent causes and by publick authority of the whole body the Justice thereof is plain not only by the grounds and reasons before alledged but also those examples of the Romans and Grecians already mentioned who lawfully deposed their Kings upon just considerations and changed also their Monarchy and Kingly Government into other forms of Regiment And it might be proved also by examples of all other Nations and this perhaps with a circumstance which I know not whether every man here have consider'd the same viz. That God hath wonderfully concurred for the most part with such judicial Acts of the Commonwealth against their evil Princes not only in prospering the same but by giving them also some notable Successor in place of the Deposed thereby both to justifie the Fact and to remedy the fault of him that went before To this all the Company answered That they had never much thought nor made reflection upon any such Circumstance and therefore that it could not be but a point of much novelty to hear the same discussed requesting him to say what he had observed or read in that behalf I am content said he but yet with this Preface that I am far from the opinion of those people of our days or of old who make so little account of their duty towards Princes as be their Title what it will yet for every mislike of their own they are ready to band against them wheresoever they think they may make their party good inventing a thousand calumniations for their discredit without conscience or reason whom indeed I do think to have little conscience or none at all but rather to be those whom the Apostles St. Peter and St. Jude spake of when they said Novit Dominus iniquos in diem judicii reservare cruciandos magis autem eos qui dominationem contemnunt audaces sibi placentes c. God knoweth how to reserve the wicked unto the day of judgment there to be tormented but yet much more those which do contemn Domination or Government and are bold and liking of themselves Thus much there Nay further I am of opinion That whatsoever a Princes Title be if once he be settled in the Crown and admitted by the Commonwealth for all other holds I esteem the tenure of a Crown if so it may be â—ermed the most irregular and extraordinary every man is bound to settle his conscience to obey the same in all that lawfully he may command and this without examination of his Interest for that as I have said God disposeth of Kingdoms and worketh his will in Princes Affairs as he pleaseth and this by extraordinary means oftentimes so that if we should examine the Titles at this day of all the Princes of Christendom by the ordinary rule of private mens Rights Successions or Tenures we should find so many knots and difficulties as it were hard for any Law to make the same plain but only the supreme Law of God's disposition which can dispense in what he listeth This is my opinion in this behalf for true and quiet Obedience and yet on the other side as far off am I from the abject and wicked flattery of such as affirm Princes to be subject to no Law or limitation at all either in Authority Government Life or Succession but as though by Nature they had been created Kings from the beginning of the World or as though the Commonwealth had been made for them and not they for the Common-wealth or as though they had begotten or purchased or given Life to the Weal publick and not that the Weal publick had exalted them or given them their Authority Honour and Dignity So these flatterers do free them from all Obligation Duty Reverence or Respect unto the whole Body whereof they are the Heads nay expresly they say and affirm That all mens Goods Bodies and Lives are the Princes at their pleasure to dispose of that they are under no Law or Accomt-giving whatsoever that they succeed by Nature or Generation only and not by any Authority Admission or Approbation of the Commonwealth and that consequently no merit or demerit of their persons is to be respected nor any consideration of their Natures or Qualities viz. of capacity disposition or other personal circumstances is to be had or admitted and do they what they lift no Authority is there under God to chasten them All these absurd Paradoxes have some men of our days uttered in flattery of Princes and namely of late one Belloy a French-man as before I signified in two Books which he called Apologies the one Catholick and the other for the King both which he seemeth to write in favour of the King of Navar and as other also call him King of France but in my opinion he deserveth small commendation or reward to defend a Kings Title with such assertions and propositions as to destroy all Law Reason Conscience and Common-wealth and do bring all to such absolute Tyranny as no Realm ever did or could suffer among civil people no not under the Dominion of the Turk himself at this day where yet some proportion of Equity is held between the Prince and the people both in Government and Succession though nothing so much as in Christian Nations Wherefore to avoid these two extremes I shall prove unto you the mean before-mentioned viz. That as all the Duty Reverence Love and Obedience before-named is to be yielded unto every Prince which the Commonwealth hath once established so yet retaineth still the Commonwealth her Authority not only to restrain the Prince if he be exorbitant but also chasten and remove him upon due and weighty considerations and that the same hath been done and practised at many times in most Nations both Christian and otherwise with right good success to the Weal publick And this shall be the Argument if you think good of our next meeting for that now it is late and I would