by al the states of that counttey but also a broad as namely of Maximilian the Emperor and approued also by the king of Denmarke and by al the Princes of Germany neere about that realme who saw the resonable causes which that common wealth had to proceed as it did And a litle before that the like was practised also in Denmarke agaynst Cisternus ther lawful king if we respect his discent in blood for he vvas sonne to king Iohn that reigned a fore him and crowned in his fathers life but yet afterwards for his intolerable cruelty he vvas depriued and driuen into banishment together with his vvife and three children al vvhich were disinherited his vncle Frederik Prince of Holsatia vvas chosen king whose progeni yet remayneth in the crowne the other though he were marryed to the sister of Charles the fifth last Emperor of that name and vvere of kyn also to king Henry the eight of Ingland yet could he neuer get to be restored but passed his tyme miserably partly in banishment and partly in prison vntil he dyed But it shal be best perhapps to ende this narration with an example or two out of Ingland it selfe for that no where els haue I read more markable accidents touching this poynt then in Ingland and for breuity sake I shal touch only two or three happened since the cōquest for that I wil go no higher though I might as appeareth by the exāple of K. Edwin others nether vvil I beginne to stand much vppon the example of king Iohn though wel also I might for that by his euel gouerment he made himselfe both so odious at home contemptible abroade hauing lost Normandy Gascony Guyenne and al the rest in effect which the crowne of Ingland had in France as first of al he vvas both excommunicated and deposed by sentence of the pope at the sute of his owne people and vvas inforced to make his peace by resigning his crowne into the handes of Pandulfe the popes legate as Polidor recounteth and afterwards faling back agayne to his old defects and naughtie gouerment albeit by his promise to the pope to go and make warr against the Turkes if he might be quiet at home and that his kyngdome should be perpetually tributary to the sea of Rome he procured him to be of his side for a tyme and against the Barōs yet that stayed not them to proceed to his depriuation which they did effectuate first at Canterbury and after at London in the eighteenth last yeare of king Iohns reigne and meant also to haue disinherited his sonne Henry which vvas afterward named king Henry the third and at that tyme a childe of eight yeares old only and al this in punishement of the father yf he had liued and for that cause they called into Ingland Lodouick the Prince of France sonne to king Philip the second and father to Saynt Lewis the nynth and chose him for their king and did sweare him fealtye with general consent in London the yeare of our Lord 1216. And but that the death of king Iohn that presently ensued altered the vvhole course of that designment and moued them to turne their purposes and accept of his sonne Henry before matters were fully established for king Lodowick it vvas most likely that France and Ingland would haue bin ioyned by thes meanes vnder one crowne But in the end as I haue said king Henry the third vvas admitted and he proued a very wor thi king after so euel as had gon before him and had bin deposed which is a circumstance that you must alwayes note in this narration and he reigned more yeares then euer king in Ingland did before or after him for he reigned ful 53. yeares left his sonne heyre Edward the first not inferior to himselfe in manhode vertue vvho reigned 34. yeares and left a sonne named Edward the second vvho falling into the same defects of gouerment or vvorse then king Iohn his great grandfather had donne was after 19. yeares reigne deposed also by act of parlament holden at London the yeare 1326. his body adiudged to perpetual prison in which he was at that present in the castle of vvallingford vvherher diuers both bishops Lordes knights of the Parlament vvere sent vnto him to denounce the sentence of the realme agaynst him to wit how they had deptiued him and chosen Edward his sonne in his place for vvhich act of choosing his sonne he thanked them hartely and vvith many teares acknowledged his owne vnwoorthines wheruppon he was digraded his name of king first taken from him and he appoynted to be called Edward of Carnaruan from that howre forward and then his crowne and ring were taken away and the steward of his house brake the stafe of his office in his presence and discharged his seruants of their seruice and al other people of ther obedience or allegeance toward him and towardes his mayntenance he had only a hundreth markes a yeare allowed for his expences and then was he delyuered also into the hands of certayne particuler keepers vvho led him prisoner from thence by diuers other places vsing him with extreme indignity in the way vntil at last they tooke his life from him in the castle of Barkley and his sonne Edward the third reigned in his place who if we respect eyther valor provvesse length of reigne acts of cheualry or the multitude of famous Princes his children left behinde him vvas one of the noblest kinges that euer Inglād had though he were chosen in the place of a very euel one as you haue séen But vvhat shal we say is this worthines vvhich God giueth commōly to the successors at thes changes perpetual or certayne by discēt no truly nor the example of one Princes punishment maketh an other to beware for the next successor after this noble Edward vvhich vvas king Richard the second though he were not his sonne but his sonnes sonne to wit sonne and heyre to the excellent and renounced black Prince of vvales this Richard I say forgetting the miserable end of his great grand father for euel gouerment as also the felicity and vertue of his father and grand father for the contrary suffered himselfe to be abused and misled by euel councellors to the great hurte disquietnes of the realme For vvhich cause after he had raigned 22. yeares he was also deposed by act of parlamāt holden in London the yeare of our Lord 1399. and condemned to perpetual prison in the castel of Pomfret vvher he was soone after put to death also and vsed as the other before had bin and in this mānes place by free electiō was chosen for king the noble knight Henry Duke of Lācaster who proued afterwards so notable a king as the world knoweth and vvas father to king Henry the fifth surnamed commonly the Alexander of Ingland for that
of obedience and allegiance and not before which argueth that before they were not bounde vnto him by allegeance and as for the princes of Ingland it is expresly noted by Inglish historiographers in ther coronatiōs how that no allegeance is dew vnto thē before they be crowned that only it happened to Henry the fifth among al other kinges his predecessors to haue this preuilege and this for his exceding to-wardlynes for the great affection of the people towards him that he had homage donne vnto him before his coronation and oth taken Wherof Polidor writeth in thes wordes Princeps Henricus facto patris funere concilium principum apud VVestmonasterium conuocandum curat in quo dum de rege creando more maiorum 〈◊〉 esse ubi continuo aliquot Principes vltro in eius verba mirare coeperunt quod beneuolentiae officium nulli antea priusquam rex renu nciatus esset praestitum constat a 〈◊〉 Henricus ab ineunte aetate spem omnibus optimae inaolis fecit Which in Inglish is this Prince Henry after he had finished his fathers funetals caused a parlament to be gathered at Westminster wher vvhiles consultation vvas had according to the ancient custome of Ingland about creating a new king behold vppon the sudden certaine of the nobility of ther owne free vvilles began to sweare obedience and leyaltie vnto him vvhich demonstration of loue and Good vvil is wel knowne that is was neuer shewed to any Prince before vntil he vvas declared king so great vvas the hope that men had of the towardlynes of this Prince Henry euen from his tender age thus far Polidor in his story of Inglād And the very same thing expresseth Iohn Stow also in his chonicle in thes vvordes To this noble Prince by assent of the parlament al the states of the realme after three dayes offred to do fealtte before he was crowned or had solemnized hu oth wel and iustly to gouerne the common wealth which offer before was neuer found to be made to any Irince of Ingland thus much Stow. in vvhose narration as also in that of Polidor it may be noted that king Henry the fift vvas not called king vntil after his coronation but onlv Prince though his fathe king Henry the fourth had bin dead now almost a month before and secondly that the parlament consulted de Rege creando more maiorum as Polidor his vvords are that is of making a new king according to the ancient custome of ther auncestors vvhich argueth that he vvas not yet king though his father were dead nor that the manner of our old Inglish ancestors vvas to accompt him so before his admission Thirdly that this demonstration of good wil of the nobility to acknowlege him for king before his coronation and oth solemnized wel and iustly to gouerne the realme was very extraordinary and of meere good wil. And last of al that this was neuer donne to any Prince before king Henry the fift al which pointes do demonstrate that it is the coronation and admission that maketh a perfect and true king whatsoeuer the title by succession be otherwise that except the admission of the common wealth be ioyned to succession it is not sufficient to make a lawful king and of the two the second is of far more importance to vvit the consent and admission of the realme then nearnes of blood by succession a-loue This I might proue by many examples in Ingland it selfe wher admission hath preuayled against right of succession as in William Rufus that suceeded the Conquerer and in king Henry the first his brother In king Stephen king Iohn and others vvho by only admission of the realme were kings against the order of succession as after more at large I shal shew you in a particuler spech vvhich of this point I shal make unto you and very specially it may be seene in the two examples before mentioned of the admission of the two kings Henry and Edward both surnamed the fourth vvhos entrances to the crowne if a man dovvel consider he shal find that both of them founded the best part and most surest of their titles vppon the election consent and good wil of the people yea both of them at their dying dayes hauing some remorse of cōscience as it semed for that they had caused so many men to dye for mayntenance of ther seueral rightes and titles had no better way to appease ther owne mynds but by thinking that they were placed in that rome by the voice of the realme and consequētly might lawfully defend the same punish such as went about to depriue them Moreouer you shal finde if you looke into the doings of Princes in al ages that such kings as vvere most politique and had any lest doubt or suspicion of trobles about the title after ther deathes haue caused their sonnes to be crowned in their owne dayes trusting more to this then to their title by succession though they vvere neuer so lawfully lineally discended And of this I could alleage you many examples out of diuers countryes but especially in France since the last lyne of Capetus came vnto that crowne for this did Hugh Capetus himselfe procure to be donne to Robert his eldest sonne in his owne dayes and the like did king Robert procure for his yonger sonne Henry the first as Girard holdeth and excluded his elder only by crowning Henry in his owne daies Henty also did entreat the states of Frace as before you haue hard to admitt crowne Phillip the first his eldest sonne vvhiles himselfe reigned and this mans sonne Luys lc Cros did the same also vnto tvvo sonnes of his first to Phillip and after his death to Luys the yonger both vvhich vvhere crowned in ther fathers life time this Luys agayne the yonger vvhich is the seuenth of that name for more assuring of his sonne named Phillip the secōd entreated the realme to admit crowne him also in his owne dayes vvith that great solemnity vvhich in the former chapter hath bin declared And for this very same cause of securitie it is not to be doubted but that alvvayes the prince of Spayne is sworne and admitted by the realme during his fathers reigne as before hath bin said The same consideration also moued king Dauid to crowne his sonne Salomon in his owne dayes as aftervvard more in particuler shal be declared and finally our king Henry also the second of Ingland considering the alteration that the realme had made in admitting king Stephen before him against the order of lineal successiō by propinquity of blood and fearing that the like might happen also after him caused his eldest sonne named likewise Henry to be crowned in his life time so as ingland had two king Henries liuing at one tyme vvith equal authoritie and this was done in the 16. yeare of his reigne and in the yeare of
made king of France reyned many yeares by the name of Henry the first this he sayeth happened partly for that Robert vvas but a simple man in respect of Henry and partly also for that Henry was greatly fauored and assisted in this pretence by Duke Robert of Normandy father to our William the conqueror and in recompence hereof this king Henry afterward assisted the said Williā bastard sonne to Robert for the attayning of the Dukdome of Normandie after the death of the said Duke Robert his father notwithstanding that Duke Robert had two lawful brothers a liue at that tyme whose names were Manger Archbishop of Roan and William Earle of Argues in Normandie who pretended by succession to be preferred But the states of Normandie at the request of Duke Robert vvhen he went to the holy land in which iorney he died as also for auoyding of dissention and warres that other wise might insue were content to exclude the vncles and admitt the bastard sonne who vvas also assisted by the forces of the king of France as hath bin said so as no scruple it seemed ther vvas in those dayes ether to prefer king Henry to the crowne of France before his elder brother or Duke William the bastard sonne to the Duchie of Normandy before his lawful vncles vppon such dow considerations as those states may be presumed to haue had for their doings I read also that some yeares after to vvit in the yeare 1110. when Phillip the first of France sonne and heyre to this king Henry of whose solemne coronation you haue hard before in the senēth chapter was deceased the people of France were so offended vvith his euel life and gouerment as diuers vvere of opinion to disinherite his sonne Lewis the sixt surnamed le Gros for his sake and so vvas he like to haue bin indeede as may appeare by the chronicle of France if some of his partie had not caused him to be crowned in hast and out of order in Orleans for preuenting the matter The like doth Phillip Cominaeus in his story of king Luys the eleuenth declare how that the state of France had once determyned to haue disinherited his sonne Charles named after the eight and to put him back from his succession for their hatred to his father if the said father had not died vvhile the other vvas very yong as I noted before also that it happened in king Henry the third of Ingland vvho vvas once condemned by the Barons to be disinherited for the fault of king Iohn his father and Lewys the princo of France chosen in his place but that the death of king Iohn did alter that course intended by the Inglish nobilitie so as this matter is nether new not vnacustomed in al foraine countryes and now wil I passe also a little to our Inglish stories to see whether the like may be found in them or no. And first of al that the realme of Inglād hath had as great varietie changes and diuersitie in the races of their kinges as any one realme in the world it semeth euident for that first of al after the Britaines it had Romans for their gouernours for many yeares and then of them their roman blood they had kings agayne of ther owne as appereth by that valiant king Aurelius Ambrosius Who resisted so manfully and prudently the saxons for a tyme after this they had kings of the saxon Inglish blood and after them of the Danes and then of the Normanes after them agayne of the Frēch last of al it semeth to haue returned to the Britains agayne in king Henry the 7. for that his father came of that race and now you know ther be pretendors of diuers nations I meane both of Scottish Spanish and Italian blood so that Inglād is like to participate with al their neybours round about them I for my part do feele my selfe much of the French opinion before alleaged that so the ship be wel happely guyded I esteeme it not much important of what race or natiō the pilote be but now to our purpose I meane to passe ouer the first and ancient rancks of kings as vvel of the British Romā as also of the Saxon races vntil king Egbert the first of this name king of the west Saxons and almost of al the rest of Ingland bisides vvho therfore is said to be properly the first monarch of the Saxon blood and he that first of al commaunded that realme to be called Ingland which euer since hath bin obserued This man Egbert being a yong gentleman of a noble house in the west parts of Ingland was had in ielosie by his king Britricus vvho vvas the 16. Kinge from Cerdicius first king of the vvest Saxons as he was also the last of his blood And for that he suspected that this Egbert for his great prowesse might come in tyme to be chosen king he banished him into France vvher he liued diuers yeares and vvas a captayne vnder the famous king Pepin that vvas father to Charles the great and hearing aftervvards that king Britricus vvas dead he returned into Ingland vvher Polidor sayeth omnium consensu rex creatur that he was created or chosen king by consent and voyce of al men though yet he vvere not next by propinquity of blood royal as is most euident and yet he proued the most excellent king that euer the saxons had before or perhapps after and his election happened in the yeare of Christ 8. hundreth and tvvo vvhen King Pepin the first of that race reigned as hath bin said in france so as this monarchy of Egbert and that of Pepin wherof we haue alleaged so many examples in the former chapter began as it vvere together and both of them I meane both Pepin and Egbert came to their crownes by election of the people as heere you see This king Egbert or Egbrich as others do write him left a lawful sonne behind him named Elthel wolfe or Adeluulfe or Edolph for al is one vvho succeded him in the kingdome and was as worthy a man as his father and this Adeluulfe agayne had foure lawful sonnes vvho al in their turnes succeded by iust and lawful order in the crowne to wit Ethelbald Ethelbert Ethelred and Alfred for that none of the former three had any children and al the later three were most excellent princes especially Alfred or Alured the last of al foure whose acts are wonderful and who among other his reuoumed gestes draue Rollo that famous captaine of the danes from the borders of Ingland with al his company into France wher he gat the countrey or prouince named then Neustria novv Normandie and was the first Duke of that prouince and nation and from whom our William Conqueror came afterwards in the sixth discent This man erected also the vniuersitie of Oxford being very learned himselfe buylded diuers
this second tyme in the warr of Ierusalem and so lost therby his kingdome as before Henry hauing no other title in the world vnto it but by election and admission of the people which yet he so defended afterwards against his said brother Robert that came to clayme it by the sword and god did so prosper him ther-in as he tooke his said elder brother prisoner and so kept him for many yeares vntil 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 Emperor Henry the fift he dyed without issue and then vvas she married agayne the secōd tyme to Geffry Plantagenet Earle of Anjow in France to whom she bare a sonne named Henry vvhich this king Henry his grand father caused to be declared for heyre apparent to the crowne in his dayes but yet after his disceasse for that Stephē Earle of Bollogne borne of Adela daughter to William the Conqueror was thought by the state of Ingland to be more fitt to gouerne and to defend the land for that he was at mans age then vvas prince Henry a child or Maude his mother he vvas 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 Glastenbury and others vvho thought be like they might do the same with good conscience for the good of the realme though the euent proued not so wel for that it drew al Ingland into factions and diuisions for auoyding and ending wherof the states some years after in a parlament at Wallingford made an agrement that Stephen should be lavvful king during his life only and that Henry and his ofspring should succede him and that prince William king Stephens sonne should be dcpriued of his succession to the crowne and made only Earle of Norfolcke thus dyd the state dispose of the crowne at that tyme vvhich vvas in the yeare of Christ 1153. To this Henry succeded by order his eldest sonne then liuing named Richard and surnamed Cordelyon for his Valor but after him agayne the succession vvas broken For that Iohn king Henries yongest sonne to vvit yōger brother to Richard vvhom his father the king had left so vnprouided as in iest he vvas called by the french Iean sens terre as if you vvould saye Sir Iohn lacke-land this man I say vvas after the death of his brother admitted and crowned by the states of Ingland and Arthur Duke of Britaine sonne and heyre to Geffery that vvas elder brother to Iohn vvas against the ordinarie course of succession excluded And albeit this Arthur did seeke to remedy the matter by warr yet it semed that god did more defend this election of the common wealth then the right title of Arthur by succession for that Arthur vvas ouer-come and taken by king Iohn though he had the king of Fraunce on his side and he dyed pitifully in prison or rather as most authors do hold he was put to death by king Iohn his vncles own handes in the castle of Roan therby to make his title of succession more cleare which yet could not be for that as wel Stow in his Chronicle as also Mathew of westminster and others before him do write that Geffrey besides this sonne left two daughters also by the lady Cōstance his wife Countesse heyre of Britaine which by the law of Ingland should haue succeded before Iohn but of this smal accōpt seemed to be made at that day Some yeares after when the Barons and states of Ingland misliked vtterly the gouerment and proceeding of this king Iohn they reiected him agayne chose Luys the prince of France to be ther king and dyd sweare fealtie to him in London as before hath bin saide and they depriued also the yong prince Hēry his sonne that was at that tyme but of 8. yeares ould but vppon the death of his father king Iohn that shortly after insued they recalled agayne that sentence admitted this Henry to the crowne by the name of king Henry the third and disanulled the oth and allegeance made vnto Luys Prince of France and so king Henry reigned for the space of 53. yeares afterwards the lōgest reygne as I thinke that any before or after him hath had in Ingland Moreouer you know that from this king Henry the third do take their first beginning the two branches of York and Lācaster which after fell to so great contention about the crowne Into which if we vvould enter vve should see playnly as before hath bin noted that the best of al their titles after the depositiō of king Richard the second depended of this authority of the common wealth for that as the people were affected and the greater parte preuailed so were their titles ether allowed cōfirmed altered or disa nulled by parlaments and yet may not we wel affirme but that ether part vvhen they vvere in possession and confirmed therin by thes parlaments were lawful kings and that God concurred vvith them as vvith true princes for gouermēt of their people for if vve should deny this pointe as before hath bin noted great inconueniences vvould follow vve should shake the states of most princes in the world at this day as by examples which alredy I haue alleaged in part may appeare And vvith this also I meane to conclude and end this discourse in like manner affirming that as on the one side propinquity of bloode is a great preheminence towards the atteyning of any crowne so yet doth is not euer bynde the commō wealth to yeald ther-vnto if waightier reasons should vrge them to the contrary nether is the common wealth bound alwayes to shutt her eyes and to admit at hap-hazard or of necessity euery one that is next by succession of bloode as Belloy falsely fondly affirmeth but rather she is bound to consider vvel and maturely the person that is to enter vvhether he be like to performe his duety and charge committed vnto him or no for that otherwise to admitt him that is an enimye or vnfitt is but to destroy the common wealth and him together This is my opinion and this seemeth to me to be conforme to al reason law religion piety vvisdome and pollicy and to the vse and custome of al vvel gouerned common wealthes in the vvorld nether do I meane heereby to preiudice any princes pretence or succession to any crowne or dignitie in the vvorld but rather do hold that he ought to enioy his preheminence but yet so that he be not preiudical therby to the whole body which is euer to be respected more then any one person vvhatsoeuer Belloy or other of his opinion do say to the contrary Thus said the Ciuilian and being called vppon and drawne to a new matter by the question that ensueth he made his last discourse conclusion
placed in the Tower though soone after by the suddaine death of king Iohn that course vvas altered agayne Henry his sonne admitted for king And thus much of the sonnes of king Hēry the second but of his daughters by the same lady Elenor heyre of Gascony Belforest in his story of France hath these wordes following King Henry had foure daughters by Elenor of Aquiraine the eldest vvherof vvas marryed to Alonso the 9. of that name king of Castile of vvhich marryage issued Queene Blanch mother to S. Lewis king of France The second of these two daughters vvas espoused to Alexis Emperor of Constantinople The third vvas married to the duke of Saxony and the fourth vvas giuen to the earle of Tholosa thus being the french stories of these daughters Of the marriage of the eldest daughter of these foure whose name was Elenor also as her mothers vvas vvith king Alonso the 9. of Castile ther proceeded many children but only one sonne that liued whose name vvas Henry vvho vvas king of Castile after his father by the name of Henry the first and dyed quickly vvithout issue and besides this Henry tvvo daughters also vvere borne of the same mariage of which the eldest and heyre named Blanch vvas married by intercession of her vncle king Iohn of Ingland vvith the foresaid Prince Lewis of France with this expresse cōdition as both Polidor in his Inglish story Garibay the chronicler of Spayne do affirme that she should haue for her dowry al the states that king Iohn had lost in France vvhich were almost al that he had there and this to the end he might not seeme to haue lost them by force but to haue giuen them with the mariage of his Neece and so this mariage vvas made and her husband Lewis was afterward chosen also king of Ingland by the Barons and sworne in London as before hath bin saide hereby also the Infanta of Spaine before mentioned that is discended lineally from both these princes I meane as wel from Queene Blanch as from Lewys is proued to haue her pretence fortified to the interest of Ingland as afterward shal be declared more at large in dew place The second daughter of king Alonso the 9. by Queen Elenor vvas named Berenguela and vvas married to the prince of Leon in Spayne and had by him a sonne named Fernando vvho afterward vvhen king Henry her brother vvas dead vvas admitted by the Castilians for their king by the name of Fernando the fourth as before the Ciuilian hath noted and Blanch vvith her sonne S. Lewis though she vvere the elder vvas put by the crowne against al right of succession as Garibay the Spaniard Chronicler noteth and confesseth Heerby then some do gather that as the first interest which the crowne of Ingland had to the states of Gascony Guyne and Poyters came by a vvoman so also did it come to France by the right of this foresaid Blanch wherof the fauourers of the Infanta of Spaine do saye that she being now first and next in blood of that house ought to inherite al these and such like states as are inheritable by vvomen or came by womē as the former states of Gascony and Guvne did to king Henry the second by Queen Elenor his wife and Normandie by Mathilda his mother and both of them to France by this former interest of Blanch and more they saye that his lady Blanch mother to King S. Lewis vvhose heyre at this daye the infanta of spayne is should by right haue inherited the kingdome of Ingland also after the murther of Duke Arthur and his sister Elenor for that she was the next of kynne vnto them at that tyme vvhich could be capable to succede them for that king Iohn himselfe vvas vncapable of their succession whom he had murthered and his sonne Henry vvas not then borne nor in diuers yeares after and if he had bin yet could he receaue no interest therunto by his father vvho had none himselfe of al vvhich points ther vvilbe more particuler occasion to speak hereafter Now then I come to speak of king Henry the third vvho was sonne to this king Iohn and from whom al the three houses before mentioned of Britanie Lancaster and Yorke do seeme to issue as a triple branch out of one tree albeit the royal line of Britanie is more ancient and vvas deuided before euen from William Conquerors tyme as hath bin shewed yet do they knytt againe in this king Henry for that of king Henry the third his eldest sonne named prince Edward the first discended Edward the second and of him Edward the third from whom properly riseth the house of Yorke And of his secōd sonne Edmond surnamed crooke-backs county Palatine of Lancaster issued the dukes of Lancaster vntil in the third dissent vvhen the Lady Blanch heyre of that house matched vvith Iohn of Gaunt third sonne of king Edward the third from which mariage rose afterward the formal diuision of these two houses of Lancaster and Yorke also two distinct branches of Lancaster Besides these two sonnes king Henry the third had a daughter named lady Beatrix whom he marryed to Iohn the second of that name duke of Britanie vvho after vvas stayne at Lions in France by the fal of an old wall in the coronation of pope Clement the 5. of that name in the yeare of Christ 1298. and for that the frēdes of the Infanta of Spayne do seeke to strengthen her title by this her discent also of the royal blood of Ingland from Henry the third as afterward shal be declared I wil breifly in this place continew the pedegree of the house of Britanie from that I left before euen to our dayes I shewed before in this chapter that Geffrey the third sonne to king Henry the second and duke of Britanie by his wife being dead his two children Arthur and Elenor put to death by their vncle king Iohn in Ingland as before hath bin said it fel out that Constance duchesse and heyre of Britanie marryed agayne to Guy viscond of Touars and had by him two daughters wherof the eldest named Alis vvas duchesse of Britanie and marryed to Peter Brien earle of Drusse and by him had Iohn the first of that name duke of Britanie vvhich Iohn the first had issue Iohn the second vvho marryed lady Beatrix before mētioned daughter to king Henry the third and by her had the second Arthur duke of Britanie to vvhom succeded his eldest sonne by his first wife named Iohn the third who dying without issue left the very same trouble and garboyle in Britanie about the succession betweene the two noble houses of Bloys and Monford the one maynteyned by France and the other by Ingland as soone after vppon the very like occasion happened in Ingland betweene the houses of Lancaster York as after shal be shewed And not long after that againe the like
affliction also ensewed in France though not for succession but vppon other occasions betwene the great and royal houses of Burgundy and Orleans vvherby al three common wealthes I meane Ingland Britanie and France vvere like to haue come to distruction and vtter desolation And for that it may serue much to our purpose hereafter to vnderstand vvel this contiousie of Britanie I thinke it not amisse in few vvordes to declare the same in this place thus then it happened The foresaid Arthur the secōd of that name duke of Britanie and sonne of Lady Beatrix that was daughter as hath bin said to king Henry the third of Ingland had two vviues the first named Beatrix as his mother vvas and by this he had two sonnes Iohn that succeded him in the state by the name of duke Iohn the third and Guye that dying before his elder brother left a daughter and heyre named Ioan and surnamed the lame for that she halted who vvas marryed to the earle of Bloys that vvas nephew to Phillip of Valois king of France for that he vvas borne of his sister But besides these two children the said duke Arthur had by his second wife named Ioland countesse and heyre of the earldome of Monford an other sonne called Iohn Breno vvho in the right of his mother vvas earle of Monford And afterward vvhen duke Iohn the third came to die vvithout issue the question vvas who should succede him in his dukedome the vncle or the neece that is to saye his third brother Iohn Breno by half bloode or els his Neece Ioan the lame that vvas daughter and heyre to his second brother Guye of whole bloode that is by father and mother which lady Ioan was marryed to the earle of Bloys as hath byn said And first this matter vvas handled in the parlament of Paris the king himselfe sitting in iudgment vvith al his peeres the 30. day of Septemb. 1341. and adiuged it to the earle of Bloys both for that his wife vvas heyre to the elder brother as also for that duke Iohn by his testament and consent of the states had appointed her to be his heyre but yet king Edward the third and states of Ingland did iudge it otherwise and preferred Iohn Monford not knowing that the very like case vvas to fal out very soone after in Ingland I meane they iudged the state to Iohn Breno earle of monford yonger brother to Guye they did assist him and his sonne after him vvith al their forces for the gayning and holding of that state And albeit at the beginning it seemed that matters went against Monford for that himselfe vvas taken prisoner in Nantes and carryed captiue to Paris vvhere he dyed in prison yet his sonne Iohn by the assistance of the Inglish armies gat the dukedome afterward and slew the earle of Bloys and vvas peaceably duke of Britanie by the name of Iohn the fourth and his posterity hath indured vntil this day as briefly heere I wil declare This duke Iohn the fourth of the house of Monford had issue Iohn the fift he Francis the first vvho dying without issue left the dukedome to Peter his brother and Peter hauing no children neither he left it to his vncle Arthur the third brother to his father Iohn the fift and this Arthur vvas earle of Richmond in Ingland as some of his ancestors had bin before him by gyftes of the kings of Ingland This Arthur dying without issue left the dukdome vnto his nephew to vvit his brothers sonne Francis the second who vvas the last male child of that race and was he that had once determyned to haue deliuered Henry earle of Richmond vnto his enimye king Edward the fourth and after him to king Richard the 3. but that Henries good fortune reserued him to come to be king of Ingland This duke Francis had a daughter and heyre named Anna marryed first to Charles the eight king of France and after his death without issue to his successor Lewis the 12. by whome she had a daughter named Claudia that was heyre to Britanie though not to the crowne of France by reason of the law Salique that holdeth against vvomen in the kingdome of Frace but not in Britanie and to the end this dukdome should not be disvnited agayne from the said crowne of France this daughter Claudia vvas marryed to Francis duke of Angoleme heyre apparent to the crowne of France by vvhom she had issue Henry that was afterward king of France and vvas father to the last king of that country and to Ysabel mother of the Infanta of Spayne and of her sister the duchesse of Sauoye that now is by which also some do affirme that the said princesse or Infanta of spayne albeit she be barred from the successiō of France by their pretended law Salique yet is her title manifest to the dukdome of Britanie that came by a woman as we haue shewed and thus much of the house of Britanie and of the princesse of Spaine how she is of the blood royal of Ingland from the tyme of VVilliam Conqueror himselfe by his eldest daughter as also by other kings after him and now we shall returne to prosecute the issue of these two sonnes of king Henry the third to wit of Edward and Edmond which before we left I shewed yon before how king Henry the third had two sonnes Edward the prince that vvas king after his father by the name of Edward the first and Edmond surnamed crokback by some writers who vvhas the first earle and county Palatine of Lancaster and beginner of that house And albeit some writers of our tyme haue affirmed or at least wise much inclined to fauour a certayne old report that Edmōd should be the elder brother to Edward and put back only for his deformity of his body wherof Polidor doth speak in the begining of the reigne of king Henry the fourth and as vvel the Bishop of Rosse as also George Lylly do seeme to beleeue it yet euident it semeth that is was but a fable as before I haue noted and now againe I shall briefly proue it by these reasōs following for that it importeth very muche for deciding the cōtrouersie between the howses of Lancaster and yorke The first reason then is for that al ancient historiographers of Ingland and among them Matheus Westmonasteriensis that liued at the same tyme do affirme the cōtrary and do make Edward to be elder then Edmond by six yeares and two dayes for that they appointe the birth of Prince Edward to haue bin vppon the 16. day of Iune in the yeare of Christ 1239 the 24. of the reigne of his father king Henry and the birth of Lord Edmond to haue followed vppon the 18. day of the same moneth 6. yeares after to wit in the yeare of our lord 1245. and they do name the godfathers and godmothers of them both together with the peculier
solemnities and feastes that were celebrated at ther seueral natiuities so as it seemeth ther can be no ertor in this matter The 2. reason is for that we read that this Lord Edmond was a goodly vvise and discreet prince notwithstanding that some authors cal him crokback and that he vvas highly in the fauour both of his father king Henry as also of his brother king Edward and employed by them in many great warres and other affayres of state both in France other where vvhich argueth that ther was no such great defect in him as should moue his father and the realme to depriue him of his succession Thirdly vve reade that king Henry procured by diuers waies and meanes the aduancement of this L. Edmond as giuing him the earldomes of Lecester Darby besides that of Lancaster as also procuring by al meanes possible with exceding great charges to haue him made king of Naples Sicilie by pope Innocentius which had bin no pollicy to haue done if he had bin put back from his inheritance in Ingland for that it had bin to haue armed him against his brother the king Fourthly we see that at the death of his father king Henry the third this Lord Edmond vvas principally left in charge with the realme his elder brother prince Edward being scarsly returned frō the warr of Asia at what tyme he had good occasion to chalēg his owne right to the crowne if he had had any seing he wanted no power therūto hauing three goodly sonnes at that tyme aliue borne of his wife Queene Blanch dowager of Nauarre vvho had bin marryed before to Henry king of Nauarre and contie of Champaine to whom she had borne only one daughter that vvas marryed to Phillip le bel king of France But vve shal neuer reade that either he or any of his children made any such clayme but that they liued in very good agreement high grace vvith king Edward the first as his children did also vvith king Edward the second vntil he began to be mis-led in gouerment and then the two sonnes of this Lord Edmond I meane both Thomas and Henry that successiuely vvere earles of Lancaster made vvarr vppon the said Edward the second and vvere the principal doers in his deposition in setting vp of his sonne Edward the third in his place at vvhat tyme it is euidēt that they might haue put in also for themselues if there title had bin such as this report maketh it A fift reason is for that if this had bin so that Edmond earle of Lancaster had bin the elder brother then had the controuersie betweene the two houses of York and Lancaster bin most cleare and vvithout al doubt at al for then had the house of Yorke had no pretence of right in the vvorlde and then vvere it euident that the heyres general of Blanch duchesse of Lancaster vvife of Iohn of Gaunt to wit the discendentes of lady Phillip her daughter that vvas marryed into Portugal these I say and none other were apparent and true heyres to the crowne of Ingland at this day and al the other of the house of Yorke vsurpers as wel king Henry the 7. as al his posterity ofspring for that none of them haue 〈◊〉 of the said Blanch as is manifest And therfore lastly the matter standeth no doubt as Polidor holdeth in the later ende of the life of king Henry the third vvhere hauing mētioned these two sonnes Edward Edmōd he addeth these wordes Ther wanted not certayne men long tyme after this that affirmed this Edmond to be the elder sonne to king Henry the third and to haue bin depriued of his inheritance for that he was deformed in body but these thinges were feyned to the end that king Henry the fourth that came by his mothers side of this Edmond might seeme to haue come to the kingdome by right whereas in decd he gat it by force Thus saith Polidor in this place but aftervvard in the begining of the life of the said K. Henry the 4. he sayeth that some vvould haue had king Henry to haue pretended this title among other reasons but that the more part accompting it but a meare fable it vvas omitted Novv then it being cleere that of these two sonnes of king Henry the third prince Edward vvas the elder and lawful heyre it remayneth only that vve set downe their seueral discents vnto the tymes of king Edward the third and his children in whose dayes the dissention controuersie betweene these royal houses of Yorke and Lancaster began to break fourth And for the issue of Edward that vvas king after his father by the name of king Edward the first it is euident that albeit by two seueral vviues he had a dosen children male and femal yet only his fourth sonne by his first vvife called also Edward vvho vvas king after him by the name of king Edward the second left issue that remayned which Edward the second being afterward for his euel gouerment deposed left issue Edward the third vvho vvas made king by election of the people in his place and after a long and prosperous reigne left diuers sonnes vvherof after vve shal speak and among them his third sonne named Iohn of Gaunt married lady Blanch daughter and heyre of the house of lancaster and of the fornamed Lord Edmond Crouchback by vvhich Blanch Iohn of Gant became duke of lancaster so as the lines of these tvvo bretheren Edward and Edmond did meete and ioyne againe in the fourth discent as novv shall appeare by declaration of the issue of the foresaid L. Edmond Edmond then the second sonne of K. Henry the third being made county palatine of Lancaster as also earle of Lecester and of Darby by his father king Henry as hath bin said had issue three sonnes to vvit Thomas Henry and Iohn among vvhom he deuided his three states making Thomas his eldest sonne county palatine of Lancaster Henry earle of Lecester Iohn earle of Darby But Thomas the eldest Iohn the yongest dying vvithout issue al three states fel againe vppon Henry the second sonne vvhich Henry had issue one fonne and three daughters his sonne vvas named Henry the second of that name earle of Lancaster and made duke of Lancaster by king Edward the third and he had one only daughter heyre named Blanch vvho vvas marryed vnto Iohn of Gant as before hath bin said But Duke Henries three sisters named Ioan Mary and Elenor vvere al marryed to diuers principal men of the realme for that Ioan vvas marryed to Iohn L. Maubery of vvhom are descended the Howards of the house of Norfolk at this day and Mary vvas marryed to Henry lord Pearcy from vvhom cometh the house of the Earles of Northumberland and Elenor vvas married to Richard earle of Arundel vvhence is issued also by his mothers side the Earle of Arundel that novv is so as of this
ancient lyne of Lancaster ther vvant not noble houses vvith in the realme at this day issued thence before the cōttouersie fell out betweene yorke this family of vvhich controuersie how it rose and how it vvas continued I shall now begyn to make more particuler declaration taking my begining from the children of king Edward the third who vvere the causers of this fatal dissention OE THE SVCCESSION OF INGLISH KINGES FROM KING EDVARD THE THIRD VNTO OVR dayes with the particuler causes of dissention betweene the families of yorke and Lancaster more largly declared CAP. III. KING Edward the third surnamed by the English the victorious though he had many children wherof some dyed vvithout issue vvhich appertaine not to vs to treat of yet had he fiue sonnes that lest issue behinde them to wit Edward the eldest that was prince of Wales surnamed the black Prince Leonel duke of Clarence vvhich vvas the 2. sonne Iohn of Gant so called for that he vvas borne in that citye that vvas the third sonne and by his wife was duke of Lancaster and fourthly Edmond surnamed of Langley for that he was also borne ther and vvas duke of Yorke last of al Thomas the fift sonne surnamed of Woodstocke for the same reason of his birth and vvas duke of Glocester Al these fiue dukes being great princes and sonnes of one king left issue behinde them as shal be declared and for that the discendents of the third and fourth of these sonnes to wit of the dukes of Lancaster and Yorke came afterward to striue who had best title to reigne therof it came that the controuersie had his name of these two familes vvhich for more distinctiō sake the better to be knowne tooke vppon them for their ensignes a rose of two different colures to wit the white rose and the redd as al the vvorld knoweth wherof the vvhite serued for Yorke and the redd for Lancaster To begyn then to shew the issue of al these fiue princes it is to be noted that the two elder of them to wit prince Edward and his second brother Leonel Duke of Clarence dyed both of them before king Edward their father and left each of them an heyre for that Prince Edward left a sonne named Richard vvho succeded in the crowne immediatly after his grādfather by the name of king Richard the secōd but aftervvard for his euel gouerment vvas deposed and dyed in prison vvithout issue and so vvas ended in him the succession of the first sonne of king Edward The second sonne Leonel dying also before his father left behind him one only daughter and heyre named Phillip who was marryed to one Edmond mortimer Earle of march and he had by her a sonne and heyre named Roger mortimer vvhich Roger had issue two sonnes named Edmond and Roger which dyed both without children and one daughter named Ann mortimer vvhich was marryed vnto Richard Plantaginet earle of Cambrige second sonne vnto Edmond Langly duke of Yorke vvhich duke Edmond vvas fourth sonne as hath bin said vnto king Edward the third and for that this Richard Plantaginet marryed the said Anne as hath bin saide hereby it came to passe that the house of Yorke ioyned two titles in one to wit that of Leonel duke of Clarence vvhich was the secōd sonne of K. Edward the third that of Edmond langly duke of yorke which vvas the fourth sonne and albeit this Richard Plantaginet him selfe neuer came to be duke of Yorke for that he was put to death whiles his elder brother lyued by king Henry the fift for a conspiracy discouered in South hampton against the said king vvhen he vvas going ouer into france vvith his army yet he left a sonne behind him named also Richard vvho afterward came to be duke of Yorke by the death of his vncle vvhich vncle vvas 〈◊〉 soone after in the battel of Egēcourt in France this Richard began first of al to prosecute openly his quarrel for the title of the crowne against the house of Lancaster as a litle afterward more in particuler shal be declared as also shal be shewed how that this 2. Richard duke of Yorke being slame also in the same quariel left a sonne named Edward earle of march who after much trooble gat to be king by the name of king Edward the 4. by the oppression and putting downe of king Henry the 6. of the house of Lancaster and was the first king of the house of Yorke vvhose geuealogie vve shal lay downe more largly aftervvards in place conuenient And nowe it followeth in order that vve should speak of Iohn of Gaūt the third sonne but for that his discent is great I shal first shew the discent of the fifth and last sonne of king Edward who vvas Thomas of Woodstock duke of Glocester and earle of Buckingham that vvas put to death afterward or rather murthered wrongfully by order of his nephew king Richard the second and he left only one daughter and heyre named Anna vvho vvas marryed to the L. Stafford vvhose familie aftervvard in regard of this marriage came to be dukes of Bucking ha vvere put downe by king Richard the third and king Henry the eight albeit some of the blood and name do remayne yet stil in Ingland And thus hauing brought to an end the issue of three sonnes of king Edward to wit of the first second fift touched also some what of the fourth ther resteth to prosecute more fully the issues discēts of the third fourth sonnes to vvit of Iohn of Gaunt duke of Lācaster and of Edmond Langly duke of Yorke which are the heades of these two noble families which thing I shal do in this place vvith al breuity and perspecuity possible begining first vvith the house of Lancaster Iohn of Gaunt third sonne of king Edward being duke of Lancaster by his wife as hath bin said had three wiues in al and by euery one of them had issue though the bishop of Rosse in his great Latin arbor of the genealogies of the kings of Ingland printed in Parris in the yeare 1580. assigneth but one wife only to this Iohn of Gaunt and consequently that al his childen were borne of her which is a great and manifest error and causeth great confusion in al the rest which in his booke of the Queene of Scots title he buyldeth hereon for that it being euident that only the first wife vvas daughter and heyre of the house of Lancaster and Iohn of Gant duke therof by her it followeth that the children only that vvere borne of her can pretend properly to the inheritance of that house and not others borne of Iohn of Gaunt by other wiues as al the vvorld vvil confesse First then as I haue said this Iohn of Gaunt marryed Blanch daughter and heyre of Henry duke of Lancaster and had by her one sonne only and two daughters The sonne was called Henry earle first of Darby
and after made duke of Hereford by king Richard the second and after that came to be duke also of Lancaster by the death of his father and lastely vvas made king by the deposition of his cosen germaine the said king Richard and reigned 13. yeares by the name of king Henry the fourth and vvas the first king of the house of Lācaster of the right of vvhose title examination shal be made afterwards The first of the two daughters vvhich Iohn of Gaunt had by Blanch vvas named Phillip vvho was marryed to Iohn the first of that name king of Portugal by whom she had issue Edward king of Portugal and he Alfonsus the fift he Iohn the second so one after another euen vnto our dayes The second daughter of Iohn of Gaunt by lady Blanch vvas named Elizabeth vvho was marryed to Iohn Holland duke of Excester she had issue by him an other Iohn duke of Excester and he had issue Henry duke of Excester that dyed without issue male leauing only one daughter named Anne vvho vvas marryed to Sir Thomas Neuill knight and by him had issue Raffe Neuill third earle of Westmerland whose lineal heyre is at this day Lord Charles Neuill earle oft Westmerland that liueth banished in Flanders And this is al the issue that Iohn of Gaunt had by lady Blanch his first vvife sauing only that I had forgotten to prosecute the issue of Henry his first sonne surnamed of Bolenbrok that vvas afterward called king Henry the fourth which king had 4. sonnes and tvvo daughters his daughters vvere Blanch and Phillip the first marryed to William duke of Bauaria and the second to Erick king of Denmarke and both of them dyed without children The four sonnes vvere first Henry that reygned after him by the name of Henry the fift and the second vvas Thomas duke of Clarence the third vvas Iohn duke of Bedford and the fourth vvas Humfrey duke of Glocester al vvhich three dukes dyed vvithout issue or vvere slaine in vvarres of the realme so as only king Henry the fift their elder brother had issue one sonne named Henry also that vvas king and reigned 40. yeares by the name of Henry the sixt who had issue prince Edward both of them I meane both father sonne were murthered by order or permissiō of Edward duke of Yorke vvho afterward tooke the crowne vppon him by the name of king Edward the fourth as before hath bin said so as in this king Henry the 6. and his sonne prince Edward ended all the blood royal male of the house of Lancaster by Blanch the first wife of Iohn of Gaunt and the inheritance of the said lady Blanch returned by right of succession as the fauorers of the howse of Portugal affirme though others deny it vnto the heyres of lady Phillip her eldest daughter marryed into Portugal vvhose nephew named Alfonsus the fift kinge of Portugal liued at that day when king Henry the 6. and his heyre were made away and this much of Iohn of Gaunts first marriage But after the death of the L. Blanch Iohn of Gaunt marryed the Lady Constance daughter and heyre of Peter the first surnamed the cruel king of Castile who being driuen out of his kingdome by Henry his bastard brother assisted therunto by the french he fledd to Burdeaux vvith his wife tvvo daughters where he founde prince Edward eldest sonne to king Edward the third by vvhom he was restored and for pledge of his fidelity and performance of other conditions that the said king Peter had promised to the Prince he left his two daughters withe hym which daughters being sent afterwards into Inglād the eldest of them named Constance was marryed to Iohn of Gaunt and by her title he named himselfe for diuers yeares afterward king of Castile and went to gayne the same by armes when Peter her father vvas stayne by his foresaid bastard brother but yet some yeares after that againe their vvas an agrement made betweene the said Iohn of Gaunt and Iohn the first of that name king of Castile sonne and heyre of the foresaid Henry the bastard vvith condition that Catherine the only daughter of Iohn of 〈◊〉 by lady Cōstance should marry vvith Henry the third prince of Castile sonne and heyre of the said king Iohn and nephew to the bastard Henry the 2. and by this meanes vvas ended that controusie betweene Ingland and Castile and the said L. Catherine had issue by king Henry Iohn the 2. king of Castile he Isabell that marryed with Ferdinando the Catholique king of Aragon and ioyned by that marriage both those kingdomes together and by him she had a daughter named Ioan that marryed Phillip duke of Austria and Burgundy and by him had Charles the fifth that vvas Emperor and father to king Phillip that now reigneth in Spaine vvho as we see is descēded tvvo waies from Iohn of Gaunt duke of Lancaster to vvit by two daughters begotten of two wiues Blanch and Constance nether had Iohn of Gaunt any more childrē by Constance but only this daughter Catherine of vvhom vve haue spoken vvherfore now vve shal speake of his third vvife that vvas Lady Catherine Swinford This lady Catherin as Inglish histories do note vvas borne in Henalt in Flanders was daughter to a knight of that country called Sir Payne de Ruet and she vvas brought vp in her youth in the duke of Lancasters house and attended vppon his first wife lady Blanch and being fayre of personage grew in such fauour vvith the duke as in the tyme of his second wife Constance he kept this Catherin for his concubin and begat vppon her fower children to vvit three sonnes and a daughter vvhich daughter vvhose name vvas Iane was marryed to Raph earle of Westmerland called commonly in those dayes Daw Raby of whom descended the Earles of VVestmerland that insued His three sonnes were Iohn Thomas and Henry and Iohn vvas first earle and then duke of Sommerset Thomas vvas first marques Dorset and then duke of Excester Henry vvas Bishop of VVinchester and after Cardinal And after Iohn of Gaunt had begotten al thes 4. children vppon Catherin he marryed her to a knight in Ingland named Swinford vvhich knight lyued not many yeares after Iohn of Gaunt comming home to Ingland from Aquitaine vvher he had bin for diuers yeares and seing this old concubine of his Catherine to be now a widow and himselfe also without a wife for that the lady Cōstance vvas dead a litle before for the loue that he bore to the children which he had begotten of her he determyned to marry her and therby the rather to legitimate her childrē though himselfe vvere old now and al his kyndred vtterly against the marriage and so not ful two yeares before his death to wit in the yeare of Christ 1396. he married her and the next yeare after in a parlament begun at Westminster the 22. of Ianuary
anno Domini 1397. he caused al his said issue to be legitimated which he had begotten vppon this lady Swinford before she vvas his wife But now to go foreward to declare the issue of thes three sonnes of Iohn of Gaunt by Catherine Swinford two of them that is Thomas duke of Excester and Henry Cardinal and Bishop of Winchester dyed vvithout issue Iohn the eldest sonne that vvas earle of Somerset had issue two sonnes Iohn and Edmond Iohn that vvas duke of Somerset had issue one only daughter named Margeret vvho vvas married to Edmond Tidder earle of Richmond by whom he had a sonne named Henry earle also of Richmond vvho after vvas afterward made king by the name of Henry the seuēth was father to K. Henry the eight and grand father to the Q. maiestie that now is this is the issue of Iohn the first sonne to the duke of Somerset Edmōd the secōd sonne to Iohn earle of Somerset was first earle of Mortaine and then after the death of his brother Iohn vvho dyed vvithout issue male as hath bin said vvas created by king Henry the sixte duke of Somerset and both he and almost al his kyn vvere slayne in the quarrel of the said king Henry the 6. and for defence of the house of Lācaster against York For first this Edmōd himselfe was slayne in the battel of S. Albanes against Richard duke and first pretender of Yorke in the yeare 1456. leauing behind him three goodly sonnes to wit Henry Edmond Iohn vvherof Henry succeded his father in the duchy of Sommetset and vvas taken and beheaded in the same quarrel at Exham in the yeare 1463. dying vvithout issue Edmond likewise succeded his brother Henry in the duchy of Sommerset and vvas taken in the battel of Tewkesbury in the same quarrel and ther beheaded the 7. of May 1471. leauing no issew Iohn also the third brother marques of Dorset vvas slayne in the same battel of Tewkesbury and left no issue and so in these tvvo noble men ceased vtterly al the issue male of the line of Lancaster by the children of Iohn of Gaunt begotten vppon lady Swinford his third vvife so that al vvhich remayned of this vvoman vvas only Margeret Countesse of Richmond mother to king Hēry the 7. which king Henry the 7. and al that do descende from him in Ingland or out of Inglande do hold the right of Lancaster only by this third mariage of Catherine Swinford as hath bin shewed and no wayes of Blanch the first vvife or of Constance the second and this is enough in this place of the discents of Iohn of Gaunt and of the house of Lancaster and therfore I shal now passe ouer to shew the issue of the howse of York I Touched breefly before how Edmond Langley duke of Yorke fourth sonne of king Edward the third had two sonnes Edward earle of Rutland and duke of Aumatle that succeded his father afterward in the duchy of Yorke and vvas slayne vvithout childrē vnder king Henry the 5. in the battayle of Egencourt in France and Richard earle of Cambridge vvhich marryed lady Anne Mortimer as before hath bin said that was heyre of the house of Clarence to wit of Leonel duke of Clarence second sonne to king Edward the third by vvhich marriage he ioyned together the two titles of the second fourth sonnes of king Edward and being himselfe conuinced of a conspiracy against king Henry the 5. vvas put to death in Southampton in the yeare of Christ 1415. and third of the reygne of king Hēry the 5. and fift day of August This Richard had issue by lady Anne Mortimer a sonne named Richard vvho succeded his vncle Edward duke of Yorke in the same duchy and afterward finding himselfe strong made clayme to the crowne in the behalfe of his mother and declaring himselfe chiefe of the faction of the white rose gaue occasion of many cruel battailes against them of the red rose and house of Lancaster and in one of the battels vvhich vvas giuen in the yeare 1460. at Wakfilde himselfe was slayne leauing behind him three sonnes Edward George and Richard wherof Edward vvas afteward king of Ingland by the name of Edward the fourth George was duke of Clarence and put to death in Calis in a butte of secke or malmesie by the commandement of the king his brother Richard was Duke of Glocester and afterward king by murthering his owne two nephewes and was called king Richard the third Edward the eldest of these three brothers which afterward was king had issue two sonnes Edward Richard both put to death in the tower of London by ther cruel vncle Richard he had also fiue daughters the last fowre wherof I do purposly omitt for that of none of them ther remayneth any issue but the eldest of al named Elizabeth was marryed to king Henry the 7. of the house of Lancaster and had by him issue king Henry the 8. and tvvo daughters the one marryed vnto Scotlād vvherof are discended the king of Scots and Arbella the other matryed to Charles Brandon duke of Suffolk vvherof are issued the children of the earles of Hartford and Darby as after more at large shal be handled and this is the issue of the first brother of the house of Yorke The second brother George duke of Clarence had issue by his wife lady Isabel heyre to the earldomes of Warwick and Salisbury one sonne named Edward earle of Warwick vvho vvas put to death afterward in his youth by King Henry the 7. and left no issue this duke George had also one daughter named Margaret admitted by King Henry the eight at what tyme he sent her into wales with the princesse Mary to be coūresse of Salisbury but yet marryed very meanely to a knight of vvales named Syr Richard Poole by whom she had foure sonnes Henry Arthur Geffrey and Renald the lastvvherof vvas Cardinal and the other two Arthur and Geffrey had issue for Arthur had two daughters Mary and Margaret Mary was married to Sir Iohn Stanny Margaret to Sir Thomas fitzharbert Sir Geffrey Poole had also issue an other Geffrey Poole and he had issue Arthur and Geffrey which yet liue Now then to returne to the first sonne of the countesse of Salisbury named Henry that vvas Lord Montague and put to death both he and his mother by king Henry the 8. this man I say left two daughters Catherine and vvenefred Catherine was married to Sir Francis Hastings earle of Huntington by vvhich marriage issued Sir Henry Hastings now earle of Huntington and Sir Georg Hastings his brother who hath diuers children And Wenefred the yonger daughter vvas married to Sir Thomas Barington knight vvho also wanteth notissue and this is of the second brother of the house of Yorke to vvit of the duke of Clarence The third brother Richard duke of Glocester and afterward king left no issue
Polydor that wrote in king Henry the 8. his tyme and others that haue followed him since do take al right from the house of Lancaster and giue the same to the house of Yorke wherfore the best waye I suppose wil be not so much to consider vvhat historiographers do say according to their affections or interests as vvhat reasons and profes be alleged of euery side for that by this we shal more easely come to iudge where the right or wrong doth lye First therfore the defendors of the house of Yorke do alleage that their title is playne and euident for that as in the former chapter hath bin declared Richard duke of Yorke first pretender of this house vvhose father vvas sonne to Edmond Langley duke of Yorke fourth sonne of king Edward the third and his mother Anne Mortimer that vvas neece once remoued and sole heyre to Leonel duke of Clarence second sonne of the said king Edward this Richard I say duke of York pretended that for so much as he had tvvo titles ioyned together in himselfe and vvas lawful heyre as vvel to duke Leonel the second brother as to duke Edmond the fourth that he vvas to be preferred in succession of the crowne after the death of king Richard the second heyre of the first sonne of king Edward before the issue of Iohn of Gaunt that vvas but third sonne to the said king Edward and consequently that Hēry Bolenbrook Iohn of Gaunts sonne duke of Lancaster called afterward king Henry the fourth entred the crowne by tyrāny violēce first for deposing the true and lawful king Richard and secondly for taking the kingdome vppon himselfe vvhich kingdome after the death of the foresaid king Richard which happened in the yeare 1399 belonged to Edmond mortimer Earle of march then liuing and after his death to Anne Mortimer his sister marryed to Richard earle of Cābridge father to this Richard pretendent duke of Yorke as hath bin said for that this Edmond and Anne Mortimer were children to Roger Mortimer sonne of Phillip that vvas daughter to duke Leonel vvhich Leonel vvas elder vncle to king Richard and before Iohn of Gaunt the yonger brother vvhose sonne tooke the crovvne vppon him For the better vnderstanding of which pretence and allegation of the house of Yorke against Lancaster we must note the story following to wit that king Edward the third seing in his old age that prince Edward his eldest sonne whom of al his children he loued most dearly was deade though their vvanted not much doubt in some mēs heads as after shal be shewed vvho ought to succede yet the old man for the exceeding affection he bare to the dead prince vvould heare nothing in that behalfe but appointed Richard the said prince Edwards only sonne and heyre to succed him in the kingdome and made the same to be confirmed by act of parlament and inforced al his children then a liue to svveare to the same which were Iohn of Gaunt duke of Lancaster his third and eldest sonne that then liued for Leonel his second sonne duke of Clarence vvas dead before and Edmond Langley and Thomas Woodstock earles at that tyme but after dukes of Yorke Glocester so king Richard reigned with good obedience of his vncles and their children for 20. yeares together but in the end when he grew insolent had put to death his vncle the duke of Glocester together vvith the earle of Arundel and banished many others of the nobility and among them the Archbishop of Canterbury as also his owne cosin germaine Henry duke of Hereford after of Lancaster sonne and heyre of Iohn of Gaunt and had made many wicked statutes aswel against the church and state Ecclesiastical as also to intangle the realme and nobility with fayned crymes of treason against his regaltie as then he termed them the principal men of the realme seing a fit occasion offred by the kings absence in Ireland called home out of France the foresaid Henry duke of Lancaster vvith the Archbishop of Canterbury earles of Arundel and Warwick and others which vvere in banishment and by common consent gathered vppon the suddaine such an army to assist them in Ingland as they took the king brought him to London and there in a parlament laying together the intollerable faults of his gouerment they depriued him of al regal dignity as before they had done to his great grandfather king Edward the second then by vniuersal consent of the parlament and people their present they chose admitted the said Henry duke of Lancaster to be their king vvho continewed so al the daies of his life and left the crowne vnto his sonne and sonnes sonne after him by the space of threescore yeares vntill this Richard before named duke of Yorke made chalenge of the same in manner and forme as before hath bin shewed Now then the storie being this the question is first whether Richard the second were iustly deposed or no and secondly whether after his deposition the house of Yorke or house of Lācaster should haue entred and thirdly if the house of Lancaster did commit any wronge or iniustice at their first entrance to the crowne yet whether the continuance of so many yeares in possession vvith so many approbations and confirmations therof by the common vvealth vvere not sufficient to legitimate their right Concerning vvhich points many things are alleaged by the fauourers of both families and in the first pointe touching the lawfulnes or vnlawfulnes of king Richards deposition three articles especially do seeme most considerable to wit about the thing in it selfe whether a lawful king may be deposed vppon iust causes secōdly about these causes in king Richards deposition to vvit vvhether they vvere iust or sufficient for deposition of the said king and lastly about the manner of doing it vvhether the same were good and orderly or not And touching the first of these three pointes vvhich is that a king vppon iust causes may be deposed I thinke both parties though neuer so contrary betweene themselues vvil easely agree and the Ciuil lawyer seemeth to me to haue proued it so euidently before throughout his vvhole discourse as I thinke very litle may be said against the same For he hath declared if you remember both by reason authority examples of al nations Christian that this may and hath and ought to be done vvhen vrgent occasions are offred And first by reason he sheweth it for that al kingly authority is giuen them only by the common wealth that with this expresse condition that they shal gouerne according to law and equity that this is the cause of their exaltation aboue other men that this is the end of their gouerment the butt of their authority the starr and pole by vvhich they ought to direct their sterne to witt the good of the people by the vveale of their subiects by the benefite of the realme
the house of Yorke their was yet no question as appereth also by Stow in his chronicle vvho setteth downe how that after the said deposition of Richard the Archbishop of Canterbuty asked the people three tymes whom they would haue to be their king vvhether the duke of Yorke their standing present or not and they answered no and then he asked the seronde tyme if they vvould haue his eldest sonne the duke of Aumaile and they said no he asked the third tyme yf they would haue his yongest-sonne Richard earle of cambridge and they said no. Thus writeth Stow vvher-by it is euident that albeit this earle of Cabridge had married now the sister of Edmōd Mortimer by whom his posterity claymed afterward yet could he not pretend at this tyme her brother being yet aliue who after dying vvithout issue left al his right to her by her to the house of Yorke for albeit this earle Richard neuer came to be duke of Yorke for that he vvas beheaded bv king Henry the fift at Southampton as before hath 〈◊〉 said vvhile his elder brother vvas a lyue yet left he a sonne named Richard that after hym came to be duke of Yorke by the death of his vncle Edmund duke of Yorke that dyed vvithout issue as on the other side also by his mother Anne Mortimer he vvas earle of March and was the first of the house of Yorke that made title to the crowne So that the question now is whether after the deposition of king Richard Edmond Mortimer nephew remoued of Leonel which Leonel vvas the second sonne to king Edward or els Henry duke of Lancaster sonne to Iohn of Gaunt which Iohn vvas third sonne to king Edward should by right haue succeded to king Richard and for Edmond is alleaged that he was heyre of the elder brother and for Hēry is said that he vvas neerer by two degrees to the stemme or last king that is to say to king Richard deposed then Edmond was for that Henry vvas sonne to king Richards vncle of Lancaster and Edmond was but nephew remoued that is to say daughters sonnes sonne to the said king Richards other vncle of Yorke And that in such a case the next in degree of consanguinitie to the last king is to be preferred though he be not of the elder lyne the fauourers of Lancaster alleage many proofes wher of some shal be touched a litle after we haue seene the same practized in our dayes in France where the Cardinal of Burbone by the iudgement of the most part of that realme was preferred to the crowne for his propinquity in blood to the dead king before the king of Nauarre though he were of the elder lyne Moreouer it is alleaged for Henry that his title came by a man and the others by a vvoman vvhich is not so much fauoured either by nature law or reason and so they saye that the pretenders of this title of lady Phillippe that vvas daughter of duke Leonel neuer opened their mouthes in those dayes to clayme vntil some 50. yeares after the deposition death of king Richard Nay more ouer they of Lancaster say that sixteene yeares after the deposition of king Richard vvhen king Henry the fift vvas now in possession of the crowne cerrayne noble mē especially Richard earle of Cambridge that had marryed this Edmond Mortimers sister offred to haue slayne king Henry and to haue made the said Edmōd Mortymer kinge for that he was discended of duke Leonel but he refused the matter thinking it not to be according to equitie and so vvent and discouered the whole treason to the king wheruppō they vvere al put to death in Southampton within fowre or fiue dayes after as before hath bin noted and this hapened in the yeare 1415. and from hence foreward vntil the yeare 1451. and thirreth of the reigne of king Henry the sixt vvhich vvas 36 yeares after the execution done vppon these conspirators no more mention or pretēce was made of this matter at vvhat tyme Richard duke of Yorke began to moue troobles about it againe Thus say those of the house of Lancaster but now these of Yorke haue a great argument for themselues as to them it seemeth vvhich is that in the yeare of Christ 1385. and 9 yeare of the reigne of king Richard the second it vvas declared by act of parlament as Polidor writeth that Edmond Mortimer vvho had marryed Phillip daughter heyre of Leonel duke of Clarence and was grandfather to the last Edmond by me named should be heyre apparent to the crowne if the king should chance to dye without issue To which obiection those of Lancaster do answere first that Polidor doth err in the person when he sayeth that Edmond husband of lady Philippe was declared for heyre apparent for that his Edmond Mortimer that married lady Philippe dyed peacably in Ireland three yeares before this parlament vvas holden to witt in the yeare of Christ 1382. as both Hollings head Stow and other chroniclets do testifie and therfore Polidor doth erre not only in this place about this man but also in that in an other place he sayeth that this Edmond so declared heyre apparent by king Richard vvas slayne by the Irish in Ireland 12. yeares after this declaration made of the succession to vvit in the yeare 1394. vvhich vvas in deede not this man but his sonne Roger Mortimer heyre to him and to the Lady Phillip his wife vvho vvas declared heyre apparent in the parlament afore said at the instance of king Richard and that for especial hatred malice as these men say vhich he did beate against his said vncle the duke of Lancaster and his sonne Henry vvhom he desired to exclude from the succession The cause of this hatred is said to be for that presently vppon the death of prince Edvvard father to this Richard which prince dyed in the yeare of Christ 1376. and but 10. monethes before his father king Edward the third their vvanted not diuers learned and vvise men in Ingland that were of opinion that Iohn of Gaunt duke of Lancaster eldest sonne then liuing of the said king Edward should haue succeded his father iure propinquitatis before Richard that vvas but nephew and one degree further of then he but the old king vvas so extremly affectionate vnto his eldest sonne the blacke prince Edward newly dead that he vvould not heare of any to succede him as Frosard saith but only Richard the said princes sonne Wherfore he called presently a parlament vvhich vvas the last that euer he hold and therin caused his said nephew Richard to be declared heyre apparent and made his three sonnes then liuing that were vncles to the youth to vvitt Iohn of Gaunt duke of Lancaster and Edmond Langhly duke afterward of Yorke and Thomas woodstock duke of Glocester to sweare fealtie vnto Richard as they did And albeit Iohn of Gaunt al his life
after for keping of his oth that he had made vnto his father neuer pretended any right to the crowne yet king Richard knowing vvel the pretence that he and his might haue vvas stil afraid of him and sought infinite meanes to be rydd of him first by perswading him to goe and make vvarr in Spaine vvher he thought he might miscarry in so dangerous an attempt and then offering to giue him al Aquitaine if he vvould leaue Ingland to goe liue there as he did for three yeares vvith extreme peril for that the people of Aquitaine would not receaue him but rose against him and refused his gouerment and vvould not admitt him for their Lord but appealed to the king vvho also allowed therof and so vvhen Iohn of Gaunt came home into Ingland againe kinge Richard thought no better way to vveaken him then to banish his sonne Henry duke of Herford and so he did And besides this the said king Richard practised also by diuers secret drifts the death of his said vncle the duke of Lancaster as Walsingham witnesseth and vvhen the said duke came at lenghte to dye which vvas in the 22. yeare of king Richards raigne he vvrote such ioyous letters therof as frossard saith to his father in law the sixt Charles king of France as though he had bin deliuered of his chiefest enemy not immagining that his owne distructioÌ„ was so neere at hand and much accelerated by the death of the said duke as it was And these vvere the causes say the fauorers of the house of Lancaster why king Richard caused this acte of parlament to passe in fauour of Roger Mortimer in preiudice of the house of Lancaster and not for that the right of earle Mortimer vvas better then that of the duke of Lancaster And this they say is no new thing for princes often tymes to procure partial lawes to passe in parlament for matter of succession according to their owne affections for the like say they did Edward the third procure in the fauour of this Richard as before I haue shevved in the last parlament before his death and afterward againe king Richard the third vvith much more open 〈◊〉 caused an act of parlament to passe in his dayes vvherby his nephew Iohn de la pole earle of Lincolne sonne to his sister Elizabeth duchesse of Suffolke vvas declared heyre apparent to the crowne excluding therby the children of his two elder brothers to vvit the daughters of king Edward the fourth and the sonne and daughter of Georg duke of Clarence vvhich yet by al order should haue gone before their sisters children And like facilitie founde king Henry the 8. to get the consent of two parlaments to giue him authority to appointe what successor he would of his owne kynred by which authority afterward he apointed by his testament as in an other place shal be shewed that the issue of his yonger 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 sixt of late memory vvho appointed the lady Iane Gray his cosen germane remoued to be his heyre and successor in the crowne of Ingland and excluded his owne tvvo sisters the lady Mary and the lady Elizabeth from the same but these declaratioÌ„s make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratioÌ„ of Roger Mortimer to be heyre apparent for that they hold and auow the house of Lancaster to haue 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 immediatly vppon the death of king Edward the third for that Iohn of Gaunt vvas then the eldest sonne which king Edward had lyuing and neerer to his father by a degree then vvas Richard the nephew About vvhich pointe to wit vvhether the vncle or the nephew should be preferred in succession of kingdomes it seemeth that in this age of K. Edward the third there vvas great trouble and controuersy in the world abroad for so testifieth Girard du Haillan Counceler and secretary of France in his story of the yeare of Christ 1346. vvhich vvas about the middest of king Edwards reigne and therfore no maruaile though king Edward tooke such care of the sure establishing of his nephew Richard in succession as is before related And much lesse maruail is it if king Richard had stil great ielosy of his vncle the duke of Lancaster and of his ofspring considering how doubtful the question vvas among the wise and learned of those dayes For more declaration vvher-of I thinke it not amisse to alleage the very vvordes of the foresaid chronicler with the examples by him recited thus then he vvriteth About this tyme sayeth he their did arise a great and doubtful question in the world whether vncles or nephewes that is to say the yonger brother or els the children of the elder should succed vnto realmes and kingdomes vvhich coÌ„trouersy put al christianity into great broyles and troobles For first Charles the secoÌ„d king of Naples begar of Mary his wife Queene and heyre of Hungary diuers children but namely three sonnes Marrel Robert and Phillip 〈◊〉 dying before his father left a sonne named Charles vvhich in his grandmothers right vvas king also of Hungary but about the kingdome of Naples the question vvas vvhen king Charles was dead who should succeed him either Charles his nephew king of Hungary or Robert his second sonne but Robert vvas preferred and reygned in Naples and enioyed the earldome of Prouince in France also for the space of 33. yeares vvith great renowne of valor wisdome And this is one example that 〈◊〉 recounteth vvhich example is reported by the famoê° lawyer 〈◊〉 in his commentaries touching the succession of the kingdome of Sicilia and he saith that this succession of the vncle before the nephew vvas auerred also for rightful by the learend of that tyme and confirmed for inst by the iudicial 〈◊〉 of Pope Boniface and that for the reasons which afterward shal be shewed vvhen vve shal treat of this question more in particuler An other example also reporteth Girard vvhich 〈◊〉 immediatly after in the same place for that the forsaid king Robert hauing a sonne named Charles which dyed before 〈◊〉 he left a daughter and heyre named Ioan neece vnto king Robert which Ioan was married to Andrew the yonger sonne of the foresaid Charles king of Hungary but king Robert being dead ther stept vp one Lewis prince of Tarranto a place of the same kingdome of Naples who vvas sonne to Phillip before mentioned vonger brother to king Robert vvhich Lewis pretending his right to be better then that of Ioan for that he vvas a man and one degree neerer to king Charles his grand father then Ioan was for that he was nephew
and she neece once remoued he preuailed in like manner and thus farr Gerrard historiographes of France And no doubt but if we consider examples that fell out euen in this very age only concerning this controuersie betweene the vncle and nephew we shal finde store of them for in Spaine not long before this tyme to wit in the yeare of Christ 1276. vvas that great and famous determination made by Don Alonso the wise eleuenth king of that name and of al his realme and nobility in their couites or parlament of Segouia mentioned before by the Ciuilian wherin they disinherited the children of the prince Don Alonso de la Cerda that dyed as our prince Edward did before his father and made heyre apparent Don Sancho brauo yonger brother to the said Don Alonso and vncle to his children the two yong Cerdas Which sentēce standeth euen vnto this day and king Phillip enioyeth the crowne of Spaine therby and the dukes of Medina Celi and their race that are discendentes of the said two Cerdas vvhich vvere put backe are subiects by that sentence and not soueraines as al the world knoweth The like controuersie fel out but very litle after to vvit in the tyme of king Edward the third in frāce though not about the kingdome but about the earldome of Artoys but yet it was decided by a solemne sentence of two kings of France and of the whole parlament of Paris in fauour of the aunte against her nephew which albeit it cost great troubles yet vvas it defended and king Phillip of Spaine holdeth the county of Artoys by it at this day Polidor reporteth the story in this manner Robert earle of Artoys a man famous for his chiualry had two children Phillip a sonne and Maude a daughter this maude vvas marryed to Otho earle of Burgundy and Phillip dying before his father left a sonne named Robert the second vvhose father Robert the first being dead the question was vvho should succede ether maude the daughter or Robert the nephew and the matter being remitted vnto Phillip le Bel king of France as chiefe Lord at that tyme of that state he adiuged it to Maude as to the next in blood but vvhen Robert repyned at this sentence the matter vvas referred to the parlament of Paris vvhich confirmed the sentence of king Phillip wher vppon Robert making his way with Phillip de Valoys that soone after came to be king of France he assisted the said Phillip earnestly to bring him to the crowne against king Edward of Ingland that opposed himselfe therunto and by this hoped that king Phillip would haue reuoked the same sentence but he being once established in the crowne answered that a sentence of such importance and so maturely giuen could not be reuoked Wheruppon the said Robert fled to the king of Inglands part against france thus far Polidor The very like sentence recounteth the same author to haue bin giuē in Ingland at the same tyme and in the same controuersie of the vncle against the nephew for the succession to the dukedome of Britany as before I haue related wherin Iohn Breno earle of Montford vvas preferred before the daughter and heyre of his elder brother Guy though he vvere but of the halfe blood to the last duke and she of the whole For that Iohn the third duke of Britanny had two brothers first Guy of the vvhole blood by father and mother and then Iohn Breno his yonger brother by the fathers side only Guy dying left a daughter and heyre named Iane married to the earle of Bloys nephew to the king of France vvho after the death of duke Iohn pretended in the right of his wife as daughter and heyre to Guye the elder brother but king Edward the third with the state of Ingland gaue sentence for Iohn Breno earle of Montford her vncle as for him that vvas next in consanguinity to the dead duke and with their armes the state of Ingland did put him in possession vvho flew the earle of Bloys as before hath bin declared and ther-by gat possession of that realme and held it euer after and so do his heyres at this day And not long before this againe the like resolution preuayled in Scotland betweene the house of Balliol and Bruse who were competitors to that crowne by this occasion that now I wil declare VVilliam king of Scots had issue tvvo sonnes Alexander that succeded in the crowne and Dauid earle of Huntington Alexander had issue an other Alexander and a daughter marryed to the king of Norway al which issue and lyne ended about the yeare 1290. Dauid yonger brother to king William had issue two daughters Margaret and Isabel Margaret vvas married to Alaine earle of Galloway and had issue by him a daughter that married Iohn Balliol Lord of Harcourt in Normādie vvho had issue by her this Iohn Balliol founder of Balliol College in Oxford that now pretended the crowne as discended from the eldest daughter of Dauid in the third discent Isabel the second daughter of Dauid vvas married to Robert Bruse Earle of Cleueland in Ingland vvho had issue by her this Robert Bruse earle of Carick the other competitor Now then the question betweene these two cōpetitors was vvhich of them should succeede ether Iohn Balliol that was nephew to the elder daughter or Robert Bruse that vvas sonne to the yonger daughter so one degree more neere to the stock or stemme then the other And albeit king Edward the first of Ingland whose power vvas dreadful at that day in Scotland hauing the matter referred to his arbitrement gaue sentence for Iohn Bailliol and Robert Bruse obeyed for the tyme in respect partly of feare and partly of his oth that he had made to stand to that iudgment yet vvas that sentence held to be vniust in Scotland and so vvas the crowne restored afterward to Robert Bruse his sonne and his posterity doth hold it vnto this day In Ingland also it selfe they alleage the examples of king Henry the first preferred before his nephew William sonne and heyre to his elder brother Robert as also the example of king Iohn preferred before his nephew Arthur duke of Britany for that king Henry the second had fower sonnes Henry Richard Geffrey and Iohn Henry dyed before his father vvithout issue Richard reygned after him and dyed also vvithout issue Geffrey also dyed before his father but left a sonne named Arthur duke of Britanie by right of his mother But after the death of king Richard the question vvas vvho should succeede to vvit either Arthur the nephew or Iohn the vncle but the matter in Ingland vvas soone decided for that Iohn the vncle was preferred before the nephew Arthur by reason he vvas more neere to his brother dead by a degree then vvas Arthur And albeit the king of Frāce and some other princes abroad opposed themselues for stomack against this succession of king Iohn yet say these
fauourers of the house of Lancaster that the Inglish inclined stil to acknowlege and admitt his right before his nephew and so they proclaymed this kinge Iohn for king of Ingland vvhiles he vvas yet in Normandie I meane Hubert Archbishop of Canterbury Elenor the Queene this mother Geffrey Fitzpeter chiefe iudge of Ingland vvho knew also vvhat law meant therin and others the nobles and Barons of the realme vvithout making any doubt or scruple of his title to the succession And vvheras those of the house of Yorke do alleage that king Richard in his life tyme vvhen he was to goe to the holy land caused his nephew Arthur to be declared heyre apparent to the crowne and therby did shew that his title vvas the better they of Lancaster do answere first that this declaration of king Richard vvas not made by act of parlament of England for that king Richard vvas in Normandy vvhen he made this declaration as playnly appeareth both by Polidor and Hollingshead Secondly that this declaration was made the sooner by king Richard at that tyme therby to represse and kepe downe the ambitious humor of his brother Iohn vvhom he feared least in his absence if he had bin declared for heyre apparēt might inuade the crowne as in dede vvithout that he was like to haue done as may appeare by that which happened in his saide brothers absence Thirdly they shew that this declaration of king Richard vvas neuer admitted in Ingland neither duke Iohn would suffer it to be admitted but rather caused the bishop of Ely that vvas left gouernour by king Richard vvith cōsent of the nobility to renownce the said declaration of king Richard in fauour of Arthur and to take a contrary oth to admitt the said Iohn if king Richard his brother should dye vvithout issue and the like oth did the said Bishop of Ely together withe the Archbishop of Roan that was left in equal authority with him exact and take of the citizens of London vvhen they gaue them their priuileges and liberties of cōmunaltie as Hollingshed recordeth And lastly the said Hollingshed vvriteth how that king Richard being now come home againe from the warr of Hierusalem and void of that ielosy of his brother vvhich before I haue mentioned he made his last wil and testament and ordeyned in the same that his brother Iohn should be his successor caused al the nobles there present to sweare fealtie vnto him as to his next in blood for which cause Thomas Walsingham in his story vvriteth these wordes Ioannis Filius iunior Henrici 2. Anglorum regis Alienorae Ducissae Aquitaniae non modo iure propinquitatis sed etiam testamento fratris sui Richardi designatus est successo post mortem ipsius Which is Iohn yonger sonne of Henry the second king of Ingland and of Eleanor duchesse of Aquitaine vvas declared successor of the crowne not only by law and right of neernes of blood but also by the wil and testament of Richard his brother Thus much this ancient chronicler speaketh in the testifying of King Iohns title By al which examples that fell out almost vvithin one age in diuers natiōs ouet the world letting passe many others which the Ciuilian touched in his discourse before for that they are of more ancient tymes these fauourers of the house of Lancaster do inferr that the right of the vncle before the nephew vvas no new or straunge matter in those dayes of king Edward the third and that if we vvil deny the same now vve must cal in question the succession and right of al the kingdomes and states before mentioned of Naples Sicilie Spayne Britanie Flanders Scotland Ingland whose kings and princes do euidently hold their crownes at this day by that very title as hath bin shewed Moreouer they saye that touching law in this pointe albeit the most famous Ciuil lavvyers of the world be some vvhat deuided in the same matter some of them fauouring the vncle and some other the nephew and that for different reasons As Baldus Oldratus Panormitanus and diuers others alleaged by Guillelmus Benedictus in his repetitions in fauour of the nephew against the vncle and on the other side for the vncle before the nephew Bartolus Alexander Decius Altiatus Cuiatius and many other their follovvers are recompted 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 al reasons weighed to and fro he commeth to conclude that seing rigour of law runneth only with the vncle for that in deed he is properly neerest in blood by one degree and that only indulgence and custome serueth for the nephew permitting him to represent the place of his father vvhich is dead they resolue I say that vvhensoeuer the vncle is borne before the nephew and the said vncles elder brother dyed before his father as it happened in the case of Iohn of Gaunt and of king Richard their the vncle by right may be preferred for that the said elder brother could not giue or transmitt that thing to his sonne vvhich vvas not 〈◊〉 himselfe before his father dyed and consequently his sonne could not represent that vvhich his father neuer had and this for the Ciuil law Touching our common lawes the fauourers of lancaster do say two or three things first that the right of the crowne and interest therunto is not decided expresly in our lavv not it is a plea subiect to the common rules therof but is superiour and more eminent and therfore that men may not iudge of this as of other pleas of particuler persons nor is the tryal like nor the common maximes or rules alwaies of force in this thing as in others which they proue by diuers particuler cases as for example the vvidow of a priuate man shal haue her thirdes of al his landes for her dowry but not the Queene of the crowne Againe if a priuate man haue many daughters and dye seazed of any landes in fee simple vvithout heyre male his said daughters by law shal haue the said landes as coparteners equally deuided betweene them but not the daughters of a king for that the eldest must carry away al as though she vvere heyre male The lyke also is seene if a baron matche vvith a femme that is an inheretrix and haue issue by her though she dye yet shal he enioye her landes during his lyfe as tenant by curtesie but it is not so in the crowne if a man mary with a Queene as king Phillip dyd with Queene Marye and so finally they saye also that albeit in priuate mens possessions the common course of our law is that if the father dye seazed of landes in fee simple leauing a yonger sonne and a nephew that is to say a child of his elder sonne the nephew shal succede his grandfather as also he shal do his vncle if
of three bretheren the elder dye without issue and the second leaue a sonne yet in the inheritance and succession of the crowne it goeth otherwise as by al the former eight examples haue bin shewed and this is the first they saye about the common law The second pointe which they affirme is that the ground of our common lawes consisteth principally and almost only about this pointe of the crowne in custome for so say they we see by experience that nothing in effect is written therof in the common law and al old lawyers do affirme this pointe as vvere Ranulfus de Granuilla in his booke of the lawes and customes of Ingland vvhich he vvrote in the tyme of king Henry the second and Iudge Fortescue in his booke of the prayse of Inglish lawes vvhich he compiled in the tyme of king Henry the sixt and others Wherof these men do inferr that seing there are so many presidēts and examples alleaged before of the vncles case preferred before the nephew not only in forayne countryes but also in Ingland for this cause I saye they do affirme that our cōmon lawes cannot but fauour also this title and cōsequently must needs like vvel of the interest of Lancaster as they auouch that al the best old lawyers did in those tymes for example they do record two by name of the most famous learned men vvhich those ages had who not only defended the said title of Lancaster in those dayes but also suffred much for the same The one vvas the forenamed iudge Fortescue Chancelor of Ingland and named father of the common lawes in that age vvho fled out os Ingland vvhith the Queene vvife of king Henry the sixt vvith the prince her sonne and liued in banishment in france vvhere it seemeth also that he vvrote his learned booke intituled de laudibus legum Angliae And the other vvas Sir Thomas Thorope chiefe Baron of the excheker in the same reigne of the same king Henry the sixt vvho being aftervvard put into the tower by the Princes of the house of Yorke for his eger defence of the title of Lancaster remayned ther a long tyme and after being deliuered was beheaded at hygate in a tumulte in the dayes of king Edward the fourth These then are the allegations which the fauourers of the house of Lācaster do lay downe for the iustyfying of that title affirming first that Iohn of Gaunt duke of Lancaster ought to haue succeded his father K. Edward the third immediately before king Richard and that iniury vvas done vnto him in that king Richard vvas preferred And secondly that king Richard vvere his right neuer so good vvas iustly orderly deposed for his euil gouerment by lawful authority of the common wealth And thirdly that after his deposition Henry duke of Lancaster sonne heyre of Iohn of Gaunt vvas next in succession euery vvay both in respect of the right of his father as also for that he vvas two degrees neerer to the king deposed then vvas Edmond Mortimer descended of Leonel duke of Clarence and these are the principal and substancial proofes of their right and title But yet besides these they do add also these other arguments and cōsiderations following first that vvhat soeuer right or pretence the house of Yorke had the princes therof did forfeit and leese the same many tymes by their cōspiraces rehellions attainders as namely Richard earle of Cambrige that married the lady Anne Mortimer and by her tooke his pretence to the crowne vvas conuicted of a conspiracy against king Henry the fift in Southampton as before I haue said and there vvas put to death for the same by iudgment of the king and of al his peeres in the yeare 1415. the duke of Yorke his elder brother being one of the iury that condēned him This earle Richards sonne also named Richard comming afterward by the death of his vncle to be duke of York first of al made open clay me to the crowne by the title of Yorke But yet after many othes sworne and broken to king Henry the sixt he was attaynted of treason I meane bothe he and Edward his sonne then earle of march which aftervvard vvas king vvith the rest of his ofspringe euen to the nynth degree as Stow affirmeth in a parlament holden at Couentry in the yeare 1459. and in the 38. yeare of the reigne of the said king Henry and the very next yeare after the said Richard was slayne in the same quarrel but the honse of Lācaster say these mē was neuer attainted of any such crime Secondly they saye that the house of Yorke did enter only by violence by infinite blood-shedd and by wilful murthering not only of diuers of the nobilitie both spiritual and temporal but also of both king Hēry the sixt hym self and of prince Edward his sonne and by a certaine populer and mutinous election of a certaine few souldiers in Smithfield of Lōdon and this vvas the entrance of the howse of Yorke to the crowne vvheras king Henry the fourth first king of the house of Lancaster entred vvithout bloodshedd as hath bin shewed beinge called home by the requestes and letters of the people and nobility and his election admission to the crowne vvas orderly and authorized by general consent of parlament in the doing therof Thirdly they alleage that king Hēry the sixt put downe by the house of Yorke was a good and holy king and had reigned peaceably 40 yeares and neuer committed any act vvorthy deposition vvheras king Richard the second had many waies deserued the same as him selfe came to acknowledge and ther vppon made a personal solemne and publique resignation of the said crowne vnto his cosen Henry of Lancaster the which iustified much the said Henries entrance Fourthly they alleage that the housa of Lancaster had bin in possession of the crowne vppon the pointe of 60. yeares before the house of Yorke did raise trouble vnto them for the same in vvhich tyme their title was confirmed by many parlaments othes approbations and publique acts of the common vvealth and by the nobles peeres and people therof and by the states both spiritual and temporal and vvith the cōsent of al foraine nations so that if there had bin any fault in their first entrance yet vvas this sufficient to authorize the same as we see it vvas in the title of king William the Conqueror and of his two sonnes king William Rufus and king Henry the first that entred before their elder brother and of king Iohn that entred before his nephew of his sonne king Henry the third that entred after his fathers depriuation and after the election of prince Lewis of france as also of Edward the third that entred by deposition of his owne father of al which titles yet might there haue bin doubt made at the begining but by tyme and durance of possession and
vvoman vvho ought not to be preferred before so many men as at this tyme do or may stand for the crowne and that it vvere much to haue three women to reigne in Ingland one after the other vvher-as in the fpace of a-boue a thousaid yeares before them there hath not reigned so many of that sexe nether together nor a sunder for that from king Cerdick first king of the vvest Saxons vnto Egbright the first monarch of the Inglish name and nation conteyning the space of more then 300. yeares no one vvomā at al is founde to haue reigned and from Egbright to the Conquest which is almost other 300. yeares the like is to be obserued and from the conquest downeward vvhich is aboue 500. yeares one only vvoman was admitted for inheritrix vvhich was Maude the Empresse daughter of king Henry the first vvho yet after her fathers death vvas put back and king Stephen vvas admitted in her place and she neuer receaued by the realme vntil her sonne Henry the second vvas of age to gouerne himselfe then he vvas receaued vvith expresse condition that he should be crowned and gouerne by himselfe and not his mother which very conditiō vvas put also by the spaniards not long after at their admitting of the lady Berenguela yonger sister of lady Blauch neese to king Henry the second vvherof before often mention hath bin made to vvit the condition vvas that her sonne 〈◊〉 should gouerne and not she though his title came by her so as this circumstance of being a woman hath euer bin of much consideration especially where men do pretend also as in our case they doe An other consideratiō of these men is that if this lady should be aduanced vnto the crowne though she be of noble blood by her fathers side yet in respectt of alliance with the nobility of Ingland she is a meere strainger for that her kyndred is only in Scotland and in Inglād she hath only the Candishes by her mothers side vvho being but a meane familie might cause much grudging amōg the Inglish nobility to see them so greatly aduanced aboue the rest as necessarily they must be yf this womā of their linage should come to be Queene vvhich how the nobility of Ingland vvould beare is hard to say and this is as much as I haue heard others saye of this matter and of al the house of Scotland vvherfore vvith this I shal end and passe ouer to treat also of the other houses that do remayne of such as before I named OF THE HOVSE OF SVFFOLK CONTEYNING THE CLAYMES OF THE COVNTESSE OF Darby and her children as also of the children of the earle of Hartford CAP. VI. IT hath appeared by the genealogie set downe before in the third chapter and oftētymes mentioned since how that the house of Suffolk is so called for that the lady Mary secōd daughter of king Henry the seuenth being first married to Lewis the 12. king of France vvas afterward married to Charles Brandon duke of Suffolke who being sent oner to condole the death of the said king gat the good will to marry the widow Queene though the common fame of al men vvas that the said Charles had a vvife lyuing at that day and diuers yeares after as in this chapter vve shal examine more in particuler By this Chatles Brandon then duke of Suffolk this Queene Mary of France had tvvo daughters first the lady Francis married to Syr Henry Gray marques Dorset and aftervvard in the right of his vvife duke also of Suffolke vvho vvas afterward be-hedded by Queene Mary and secondly lady Elenor married to Syr Henry Clifford earle of Cumberland The lady Francis elder daughter of the Queene and of Charles Brandon had issue by her husband the said last duke of Suffolke three daughters to wit Iane Catherin and Mary which Mary the yongest vvas betrothed first to Arthur lord Gray of wilton and after lefte by hym she was marryed to one M. Martin keyes of kent gentlemā porter of the Queenes housholde and after she dyed without issue And the lady Iane the eldest of the three sisters was married at the same tyme to the lord Guylford Dudley fourth sonne to Syr Iohn Dudley duke of Northumberland and vvas proclaymed Queene after the death of king Edward for which acte al three of thē to vvit both the father sonne and daughter in law were put to death soone after But the L. Catherin the second daughter vvas married first vppon the same day that the other two her sisters vvere vnto lord Henry Herbert now earle of Penbroke and vppon the fal and misery of her house she was left by him and so she liued a sole vvoman for diuers yeares vntil in the begining of this Queenes dayes she was found to be vvith child which she affirmed to be by the lord Edward Seymer earle of Hartford vvho at that tyme was in France vvith Syr Nicholas Throgmorton the Embassador and had purpose and licence to haue trauailed into Italie but being called home in haste vppō this new accident he cōfessed that the child vvas his and both he and the lady affirmed that they were man and vvife but for that they could not proue it by witnesses for attempting such a match with one of the blood royal without priuity and licence of the prince they were committed both of them to the tower vvhere they procured meanes to meete againe afterward had an other childe vvhich both children do yet liue and the elder of them is called lord Henry Beacham and the other Edward Seymer the mother of whom liued not long after nether married the earle againe vntil of late that he married the lady Francis Howard sister to the lady Sheffeild and this is all the issue of the elder daughter of Charles Brandon by lady Mary Queene of France The second daughter of duke Charles and the Queene named L. Elenor vvas married to Henry lord Cliford earle of Cumbeiland and had by him a daughter named Margaret that married Syr Hēry Stanley lord Strāge after earle of Darby by vvhom the said lady who yet liueth hath had issue Fernande Stanley now earle of Darby William and Francis Stanley this is the issue of the house of Suffolk to vvit this Countesse of Darby with her children and these other of the earle of Hartford of al whose clayme 's and titles vvith their impediments I shal here briefly giue accompt and reason First of al both of these families do ioyne together in this one pointe to exclude the house of Scotland both by foraine birth and by the foresaid restament of king Henry authorized by two parlaments by the other exclusions which in each of the titles of the king of Scots and of lady Arbella hath bin before alleaged But then secondly they come to vary betweene themselues about the priority or propinquitie of their owne succession for the children of the earle
To the last pointe of religion they answer that this impediment is not vniuersal not admitted in the iudgment of al men but only of those Inglish that be of different religion from her But to some others and those many as these men do vveene her religion vvil rather be a motiue to fauour her title then to hinder the same so that on this ground no certaintie can be buylded and this is as much as I haue to say at this tyme of these two families of Clatence and Britanie OF THE HOVSE OF PORTVGAL VVHICH CONTEYNETH THE CLAYMES AS VVEL OF the king and prince of Spayne to the succession of Ingland as also of the dukes of Parma and Bragansa by the house of Lancaster CAP. VIII IT hath bin oftentymes spoken before vppon occasions offred that the princes of the house of Portugal at this day do persuade thēselues that the only remaynder of the house of Lancaster resteth among them as the only true heyres of the lady Blanch duchesse and heyre of Lancaster first wife of Iohn of Gaunt which pointe of these princes descents from the said duchesse of Lancaster though it be declared sufficiently before in the third and fourth chapters yet wil I briefly here also set downe and repeat agayne the reasons therof vvhich are these that follow Iohn of Gaunt vvas duke of Lancaster by the right of his first vvife lady Blanch and had by her only one sonne as also one daughter of vvhom vve neede heere to speake for that the other hath left no issue now liuing The sonne vvas king Henry the fourth vvho had issue king Henry the fift and he agayne Henry the sixt in vvhom vvas extinguished al the succession of this sonne Henry The daughter of Iohn of Gaunt by lady Blanch vvas called Phillip vvho vvas married to Iohn the first king of that name of Portugal vvho had issue by him king Edward and he agayne had issue king Alfonsus the fift king of Portugal and he and his ofspringe had issue agayne the one after the other vntil our tymes and so by this marriage of lady Phillip to their first king Iohn these princes of the house of Portugal that liue at this day do pretende that the inheritance of Lancaster is only in them by this lady Phillip for that the succession of her elder brother king Henry the fourth is expired long ago This is effect is their pretence but now vve vvil passe on to see vvhat others say that do pretend also to be of the house of Lancaster by a latter marriage Iohn of Gaunt after the death of his first vvife lady Blanch dyd marrye againe the lady Constance daughter of king Peter surnamed the cruel of Castile and had by her one daughter only named Catherin vvhom he married afterward back to Castile againe giuing her to vvife to king Henry the third of that name by vvhom she had issue king Iohn and he others so as lineally king Philippe king of Spayne is descēded from her vvhich king Phillip being at this day king also of Portugal and the cheife titler of that house vnto Ingland he ioyneth the inheritance of both the two daughters of Iohn of Gaunt in one so we shal not neede to talk of these two daughters hearafter distinctly but only as of one seing that both their discents do end in this one man The only difficultie and dissention is then about the issue of the third marriage vvhich vvas of Iohn of Gaunt vvith lady Catherin Swinford whom he first kept as a Concubine in the tyme of his second wife lady Constance as before hath bin shewed in the third chapter and begat of her fower children and after that his wife lady Constance vvas dead he tooke her to vvife for the loue he bare to his children a litle before his death and caused the said children to be legitimated by authority of parlament and for that none of these fower children of his haue left issue but only one that vvas Iohn earle of Somerset we shal speake only of him ommitting al the rest This Iohn then earle of Somerset had issue an other Iohn which was made duke of Somerset by king Henry the sixt who vvith his three sonnes vvere slayne by the princes of the house of Yorke in the quarrel of Lancaster so left only one daughter named Margaret who by her husbād Edmond Tydder earle of Richmond vvas Countesse of Richmond had by him a sonne named Henry earle of Richmond that was after king by the name of king Henry the senenth and from him al his discendents both of the house of Scotland and Suffolke do pretend also to be of the house of Lancaster which yet can be no otherwise then now hath bin declared to wit not from Blanch first wife heyre of the duchy of Lancastee but frō Catherin Swinford his third wife vvherin riseth the question vvhether those men I meane king Henry the seuēth his discendents may properlie be said to be of the true house of Lancaster or no wherunto some do answere vvith a distinctiō to wit that to the duchy of Lācaster wherof the first wife lady Blāch was heire these of the third marriage cannot be heyres but only the remaynder 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 crowne of Inglande which came by Iohn of Gaūt himselfe in that he vvas third sonne of K. Edward the third and eldest of al his children that liued vvhen the said king Edward dyed by vvhich is pretended also that he should haue succeded immediatly after him before king Richard the secōd as before in the fourth chapter hath bin declared to this right I saie to this interest of the crowne which came by Iohn of Gaunt himselfe not by lady Blāch or by any other of his wiues the discendents of king Henry the seuenth do say that they may and ought to succede for that Iohn earle of Somerset eldest sonne of Iohn of Gaunt by lady Catherin Swinford though he vvere begotten out of matrimony yet being afterward made legitimate he vvas to inherite this right of Iohn of Gaunt his father before the lady Phillip his sister for that so vve see that king Edvvard the sixt though yonger and but halfe brother vnto the lady Mary and Elizabeth his sisters yet he inherited the crowne before them and in like manner is lord Phillippe prince of Spaine at this daye to inherite al the states of that crowne before his two sisters that be elder then he so likewise saye these men ought Iohn of Somerset to haue donne before Phillippe his eldest sister if he had bin aliue at that tyme vvhen king Henry the sixt vvas put downe and dyed and consequently his posterity vvhich are the discendents of king Henry the seuenth ought to enioye the same before the princes
of Portugal that are the discēdents of Lady Phillippe his sister thus say the issue of king Henry the seuenth But to this the princes of the house of Portugal do reply and say first that by this it is euident at least that the dukedome of Lancaster vvherof the lady Blanch vvas the only heyre must needs apperteyne to them alone and this vvithout al doubt or controuersie for that they only remaine of her issue after extinguishing of the posterity of her elder brother K. Henry the fourth which vvas extinguished by the death of king Henry the sixt and of his only sonne prince Edward and for this they make no question or controuersie assuring themselues that al law right and equity is on their side Secondly touching the succession and right to the kingdome they saye that Iohn earle of Somerset being borne out of Wedlock and in adultery for that his father had an other vvife aliue vvhen he begatt him and he continuing a bastard so many yeares could not be made legitimate afterward by parlament to that effect of succession to the crowne and to depriue Queene Phillip of Portugal and her children borne before the others legitimation frō their right and succession vvithout their consents for that Iohn king of Portugal did marry the said lady Phillip vvith condition to enjoy al prerogatiues that at that day vvere due vnto her and that at the tyme vvhen Iohn of Gaunt did marry the said lady Catherine Svvinford made her children legitimate by act of parlament vvhich vvas in the yeare of Christ 1396. and 1397. the said lady Phillip Queene of Portugal had now tvvo sonnes liuing named don Alon so and don Edwardo vvhich vvere borne in the yeares 1390. and 1391. that is six yeares before the legitimation of Iohn earle of Somerset and his brethren and therby had ius acquisitum as the law saith vvhich right once acquired and gotten could not be taken away by any posterior act of parlament afrervvard vvithout consent of the parties interressed for vvhich they do alleage diuers places of the canon law vvhich for that they hold not in Ingland I do not cite but one example they put to shew the inconuenience of the thing if it should be otherwise determined then they affirme vvhich is that if king Henry the eight that had a bastard sonne by the lady Elizabeth Blunt vvhom he named Henry fitzroy made him both earle of Notingham and duke of Richmond and Somerset in the 18. yeare of his reigne at vvhat tyme the said king had a lawful daughter a liue named the princesse Mary by Queene Catherin of Spayne if I say the king should haue offred to make this sonne legitimate by parlament with intent to haue him succeede after him in the crowne to the preiudice and open iniury of the said lawful daughter these men do say that he could not haue done it and if he should haue done it by violence it would not haue held and much lesse could Iohn of Gaunt do the like being no king Nor was the act of parlament sufficiēt for this pointe 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 farforth only as it doth not preiudice the right of any other Nether helpeth it any thing in this matter the matriage of Iohn of Gaunt with lady Catherin for to make better this legitimation for that as hath bin said their children vvere not only naturales but Spurij that is to saye begotten in playne aduoutrie and not in simple fornication only for that the one partie had a wife a liue and consequently the priuelege that the law giueth to the subsequent marriage of the parties for legitimating such children as are borne in simple fornication that is to say betweene parties that vvere single and none of them married can not take place here so as these men conclude that albeit this legitimation of parlament might serue them to other purposes yet not to depriue the princes of Portugal of their prerogatiue to succede in their mothers right which she had vvhen she vvas married to their father And this they affirme to haue bin law and right at that tyme if the said Queene Phillip earle Iohn had bin aliue together vvhen Henry the sixt and his sonne vvas put to death that this questiō had bin then moued at the deathe of king Henry the sixt whether of the two to vvit either the said Queene Phillip or her yonger brother Iohn earle of Somerset by the fathers side only should haue succeded in the inheritance of king Henry the sixt in vvhich case these men presume for certaine that the said Queene Phillippe legitimatly borne and not Iohn made legitimate by parlamēt should haue succeded for that by common course of law the children legitimated by fauour albeit their legitimation vvere good and lawful as this of these children is denyed to be yet can they neuer be made equal and much lesse be preferred before the lawful and legitimate by byrthe But now say these men the case standeth at this present somewhat otherwise and more for the aduantage of Queene Phillippe and her ofspring for vvhen king Henry the sixt his sonne were extinguished and Edward duke of Yorke thrust hym selfe in to the crowne which vvas about the yeare of Christ 1471 the foresaid two princes lady Phillip and earle Iohn vvere both dead as also their children and only their nephewes vvere aliue that is to saye their liued in Portugal king Alfonsus the fift of that name sonne to king Edward vvhich Edward vvas child to Queene Phillip and the death of king Henry the sixt of Ingland happened in the 38. yeare of the reigne of the said king Alfonsus and in Inglād liued at the same tyme lady Margaret Countesse of Richmond mother of king Henry the seuenthe and neece of the foresaid Iohn earle of Somerset to vvit the daughter of his sonne duke Iohn of Somerset so as these tvvo competitors of the house of Lancaster that is to say king Alfonsus and lady Margaret were in equal degree from Iohn of Gaunt as also from king Henry the sixt sauing that king Alfonsus vvas of the vvhole blood as hath bin said and by Queene Phillip that vvas legitimate and the countesse of Richmond vvas but of the halfe blood as by Iohn earle of Somerset that vvas a bastard legitimated The question then is which of these tvvo should haue succeded by right of the house of Lancaster immediatly after the death of king Henry the sixt and the lady Margaret alleageth that she vvas descended from Iohn earle of Somerset that vvas a man and therfore to be preferred and king Alfonsus alleaged that he being in equal degree of neernes of blood with the same countesse for that both vvere nephewes he vvas to be preferred
before her for that he was a man and of the vvhole blood to the last kings of the house of Lancaster and that she was a vvoman and but of the halfe blood so that three prerogatiues he pretended before her First that he vvas a man and she a vvoman and secondly that he descended of the lawful and elder daughter and she of the yonger brother legitimated and thirdly that he vvas of vvhole blood and she but of halfe and for better fortifying of this proofe of his title these men do alleage a certayne case determyned by the learned of our dayes as they say vvherin for the first of these three causes only the succession to a crowne vvas adiudged vnto king Phillip of Spayne to vvit the succession to the kingdome of Portugal vvhich case was in al respects correspondent to this of ours for that Emanuel king of Portugal had three children for so much as apperteyneth to this affaire for afterward I shal treat more particulerly of his issue that is to say two sonnes and one daughter in this order Iohn Elizabeth and Edward euen as Iohn of Gaunt had Hēry lady Philippe and Iohn Prince Iohn of Portugal first child of king Emanuel had issue an other Iohn and he had Sebastian in whom the line of Iohn the first child vvas extinguished but Iohns sister Elizabeth vvas married to Charles the Emperor had issue K. Phillip of Spayne that now liueth Edward also yōger brother to Elizabeth or Isabel had issue two daughters the one married to the duke of Parma the other to the duke of Bragansa so as king Phillip vvas in equal degree vvith these ladies in respect of king Emanuel for that he vvas sonne to his eldest daughter and the two duchesses vvere daughters to his yonger sonne vppon this rested the question vvhich of these should succeede and it vvas decided that it apperteyneth vnto king Phillip for that he vvas a man and his mother vvas the elder sister though if king Phillips mother and the two duchesses father I meane lord Edward of Portugal had bin aliue together no doubt but that he beinge a mā should haue borne it away vvhich these men say holdeth not in our case but is much more to our aduantage for that it hath bin shewed before that if Queene Phillippe had bin aliue vvith earle Iohn of Somerset at the death of king Henry the sixt she should haue bin preferred as legitimate by birth and therfore much more ought her nephew king Alfonsus to haue bin preferred afterward in that he vvas a man before the neece of the said earle Iohn of Somerset that vvas but a vvoman thus farr they And besides all this they do adde as often before I haue mentioned that king Alfonsus vvas of the vvhole blood vnto al the three king Henries of the house of Lancaster the countesse of Richmond vvas but of the halfe blood and for more strengthening of this argument they do say further that besides that interest or right to the crowne vvhich king Henry the fourth that vvas the first king of the house of Lancaster had by his father Iohn of Gaunt in that the said Iohn vvas third sonne of king Edward the third the said king Henry had diuers other interestes also which came of himselfe only and not from his said father as vvere for example his being called into the realme by general voyce of al the people his right gotten by armes vppon the euil gouerment of the former king the personal resignation and deliuery of the kingdome by solemne instrument made vnto him by king Richard his election also by parlament coronation by the realme and finally the quiet possession of him and his posteritie for almost threescore yeares vvith many confirmations of the whole realme by diuers acts of parlament othes and other assurāces as the world knoweth so many I meane and so autētical as could possibly be deuised or giuen and besides al this that vvhen king Richard vvas dead he vvas next in degree of propinquitie vnto him of any man liuing for that the sonnes of Roger Mortimer vvere two degrees further of then he as hath bin shewed before Al vvhich particuler rightes and interestes vvere peculier to Henry the fourth his person and vvere not in his father Iohn of Gaunt and therfore cannot possibly discend from him left by the last duke of Parma lord Ranutius that is now duke of Parma and lord Edward that is Cardinal and the lady Catherine duchesse of Bragansa that yet liueth hath issue diuers goodly princes as the lord Theodosius that is now duke of Bragansa and three yonger brothers to vvit Edward Alexander and Phillip al yong princes of great expectation and these are the children of king Emanuel vvhose particuler successions and issues I shall declare somwhat more yet in particuler Prince Iohn of Portugall afterward king by name of king Iohn the third had issue an other Iohn that vvas prince of Portugal but dyed before his father and left a sonne named Sebastian vvho vvas king and slayne afterward by the Moores in Barbary and so ended this first lyne The second sonne and fourth childe of king Emanuel vvas named lord Lewis and dyed also vvithout issue legitimate as is supposed for that don Antonio his sonne that afterward vvas proclaymed king by the people of Lisbone and now liueth in Ingland vvas taken by al men to be vnlawful as presently more at large shal be shewed so as after the death of king Sebastian their entred the Cardinal lord Henry vvhich vvas third sonne to king Emanuel and great vncle to king Sebastian lately disceased for that he was brother to king Iohn the third that vvas grand father to king Sebastian and albeit their vvanted not some accordinge as the authors wryte vvhich afterward I shal name vvho affirmed and held that king Phillip of Spayne should haue succeded king Sebastian before the Cardinal for that he vvas neerer in consanguinitie to him then vvas the Cardinal for that besides that king Phillip was sonne of king Emanuels eldest daughter he vvas brother also to king Sebastians mother yet the said Cardinal entred peceably and by consent of al parties but for that he vvas old and vnmarried and not like to leaue any child of his owne there began presently the contention in his dayes vvho should be his successor To vvhich succession did pretende fiue princes of the blood royal of Portugal besides the lady Catherine Queene mother of France who pretended by her mothers side to be discended of one lord Raphe earle of Bulayne in Picardy vvhich Raphe vvas eldest sonne of Alfonsus the third king of Portugal which Alfonsus before he vvas king to wit in the tyme of his elder brother king Sanches of Portugal was married to the countesse and heyre of Bullayn named Mathildis and had by her this Raphe but afterward this Alfonsus comming to be king of Portugal he married agayne
at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther 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 agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of
good king and much commended by S. Isiodorus Arch bishop of Siuil who yet in the said councel vvas the first man that subscribed to his depriuation After the entrance of the moores also when Spayne vvas reduced agayne to the order gouerment of Spanish kings vve read that about the yeare of Christ 1282. one Don Alonso the eleuenth of that name king of Castile Leon succeded his father Fernando surnamed the sainct and himselfe obteyned the surname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning peculier skil in that arte as may vvel appeare by the Astronomy tables that at this day go vnder his name which are the most prefect and exact that euer vvere set forth by iudgment of the learned This man for his euel gouerment and espetially for tyranny vsed towards two nephews of his as the spanish Chronicler Garauay writeth vvas deposed of his kingdome by a publique acte of parlament in the towne of Valliodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth vvas crowned in his place vvho for his valiant actes was suruamed el brauo and it turned to great commodity of the common wealth The same common vvealth of Spayne some yeares after to wit abont the yeare of Christ 1368. hauing to their king one Don Pedro surnamed the cruel for his iniurious proceding with his subiects though otherwise he were lawfully seased also of the crowne as sonne and heyre to king Don Alonso the twelfth and had reygned among them 18. yeares yet for his euel gouerment they resolued to depose him and so sent for a bastard brother of his named Henry that liued in France requesting him that he would come with some force of french men to assist them in that acte and take the crowne vppon him self which he did and by the help of the Spaniards and Frēch souldiars he draue the said Peter out of Spaine and himselfe vvas crowned And albeit Edward surnamed the black Prince of Ingland by order of his father king Edward the third restored once agayne the said Peter yet vvas it not durable for that Henry hauing the fauour of the Spaniards returned agayne and depriued Peter the second tyme and slew him in fight hand to hād which made shew of more particuler fauour of God in this behalfe to Henry and so he remayned king of Spayne as doth also his progenie inioye the same vnto this day though by nature he vvas bastard as had bin said and not withstanding that king Peter left two daughters vvhich vvere led awaye into Ingland and ther maryed to great Princes And this king Henry so put vp in his place vvas called king Henry the secōd of this name and proued a most excellent king and for his great nobility in conuersation and prouesse in chiualry vvas called by excellency El cauallero the kinghtly king and for his exceding benignity and liberality vvas surnamed also el dela mercedes which is to say the king that gaue many giftes or the liberal franck and bounteful king which was a great change from the other surnamed cruel that king Peter had before so you see that alwayes I gyue you a good king in place of the bad deposed In Portugal also before I goe out of Spayne I wil alleage you one example more which is of Don Sancho the secōd surnamed Capelo fourth king of Portugal lawful sonne and heyre vnto Don Alonso surnamed el Gardo who whas third king of Portugal This Don Sancho after he had raigned 34. yeares was deptiued for his defects in gouerment by the vniuersal consent of al Portugal this his first depriuation from al kingly rule and authority leauing him only the bare name of king vvas approued by a general councel in Lions pope Innocentius the 4. being ther present who at the petition instāce of the vvhole realme of Portugal by their Embassadors the Archbishop of Braga bishop of Comibra and diuers of the nobility sent to Lyons for that purpose did authorize the saide state of Portugal to put in supreme gouerment one Don Alonso brother to the said king Don Sancho vvho was at that tyme Earle of bullen in Picardy by right of his wife and so the Portugales did further also a lytle after they depriued their said king and did driue him out of his realme into Castilla wher he liued al the rest of his life in banishment and dyed in Toledo without euer returning and this decree of the councel and Pope at Lyons for authorizing of this fact is yet extant in our Canon law in the sixt booke of Decretals now in prynt And this king Don Alonso the third vvhich in this 〈◊〉 was put vp against his brother was peaceably prosperously king of Portugal al the dayes 〈◊〉 his lyfe he was a notable king amōg other great exployres he vvas the first that set Portugal free from al subiection dependence and homage to the kingdome of Castile vvhich vnto his tyme it had acknowledged and he left for his successor his sonne and heyre Don 〈◊〉 Fabricador to wit the great buylder for that 〈◊〉 buylded and founded aboue forty and 〈◊〉 great townes in portugal and was a most 〈◊〉 Prince and his ofspring ruleth in Portugal vnto this day Infinite other examples could I alleage if would examyne the lyues and discentes of 〈◊〉 and other kingdomes with their Princes and namely if I would speake of the Greeke Emperors depriued fortheir euel gouerment not so much by populer mutyny which often happened among them as by consent and grane deliberation of the whole state and wealpublique as Michael Calaphates for that he had troden the Crosse of Christ vnder his feete and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like wherof I might name many but it would be to longe What should I name heere the deposition made of Princes in our dayes by other commō wealthes as in Polonia of Henry the third that was last king of France before that had bin sworne king of Polonia of which crowne of Polonia he vvas depriued by publique acte of parlament for his departing thence vvithout licence and not returning at his day by the said state appoynted and deuounced by publique lettres of peremptory commaundedmēt which are yet extant What should I name the depriuations of Henry late king of Suetia vvho being lawful successor and lawfully in possession after his father Gustauus vvas yet put downe by that common vvealth and depriued and his brother made king in his place who if you remember was in Ingland in the beginning of this Queenes reigne whose sonne reygneth at this day is king also of Polonia and this fact was not only allowed of at home
that they were lifted vp and caried a-bout vppon a target by the chiefe subiects ther present as the spaniards were But as touching the principal point of that action which is the substance of admitting the king vnto his royal authority and oth by him made of gouerning wel and iustly and of the reciprocal oth of obediēce made to him againe by his subiects it was not much different from that which now is as shal appeare by the coronation of the foresaid Phillip the first who was crowned in the life and presence of his father king Henry after the fashion then vsed in the yeare of Christ 1059. and it was in manner following as Nangis and Tillet both authores of great authoritie among the French do recount it and Francis Belforest out of them both repeateth the same at large in thes words following King Henry the first of this name seeing himselfe very old and feeble made an assembly of al the states of France in the cytie of Paris in the yeare of Christ 1059. wher bringing in his yong sonne and heire Philip that vvas but 9. yeares of age before them al he said as followeth Hither to my dere frends and subiects I haue bin the head of your nobility men at atmes but now by myne age and disposition of body I do wel perceaue that ear it be long I must be seperated from you and therfore I do desire you that if euer you haue loued me you shew it now in giuing your consent and approbation that this my sonne may be admitted for your king and apparaled with the royal ornaments of this crowne of France and that you wil sweare fealtie vnto him and do him homage Thus said the king and then hauing asked euery one of the assistance in particuler for his consent a part and afterwards the whole assembly in general whether they vvould sweare obedience to him or no and fynding al to promise vvith a good wil he passed ouer the feast of the assention vvith great ioy in Paris and after vvent to Rhemes vvith al the court and trayne to celebrate the coronation vppon the feast of vvhit-sonday Thus far are the wordes of William de Nangis alleaged in the story of France by Belforest and it is to be nored first how the king did request the nobility people to admit his sonne and secondly how he did as ke ther consents a part for that thes two pointes do euidently cōfirme that vvhich I said at the beginning that only succession is not sufficient but that coronation euer requireth a new consent which also includeth a certaine election or new approbation of the subiects This is proued also most manifestly by the very order of coronation which insueth in Belforest taken vvord for vvord out of Tillet in his treatise of Recordes in the chapter of annointing the kings of France in thes wordes In the yeare of grace 1059. and 32. of the reigne of king Henry the first of this name of France and in the 4. yeare of the seat and bishoprick of Geruays Archbishop of Rhemes and in the 23. day of May being whit-sonday king Phillip the first vvas apointed by the said Archbishop Geruays in the great church of Rhemes before the aulter of our lady vvith the order ceremony that ensueth The masse being begonne vvhen it came to the reading of the Epistle the said Lord Archbishop turning about to Phillip the Prince that vvas ther present declared vnto him vvhat vvas the Catholique fayth and asked him whether he did beleue it whether he would desend it against al persons vvhatsoeuer vvho affirming that he vvould his oth vvas brought vnto him wherunto he must sweare vvhich he tooke and read with a loud yoyce and signed it vvith his owne hand and the words of the oth vvere these Ie Philippe par le grace de Dieu prochain d'estre ordonné Roy de France promets au iour de mon sacré deuant Dieu ses sanctes c. That is in Inglish for I vvil not repeate al the oth in French seing it is some what long I Phillip by the grace of God neere to be ordeyned king of France do promisse in this day of my annointing before almightie God and al his saintes that I wil conserue vnto you that are ecclesiastical Prelats al canonical priuileges and al law and iustice dew vnto euery one of you and I vvil defend you by the helpe of God so much as shall lye in my power and as euery king ought to do and as by right and equity he is bound to defend euery Bishop and church to him cōmitted within his realme and further more I shal administer iustice vnto al people giuen me in charge and shal preserue vnto them the defence of lawes and equity appertaining vnto them so far forth as shal lye in my authority so God shal helpe me and his holy Euangelists This oth was read by the king holding his handes betwene the handes of the Archbishop of Rhemes and the bishop of Syen and Bisanson legats of the pope standing by vvith a very great number of other bishops of the realme And the said Archbishop taking the crosse of S. Remigius in his hands he shewed first vnto al the audience the ancient authoritie which the Archbishops of Rhems had euen from the tyme of S. Remigius that baptized ther first christian king Clodoueus to annoint crowne the kings of France which he said vvas confirmed vnto them by priuiledge of the pope Hormisda that liued in the yeare of Christ 516. and after also by pope Victor and this being done he then by licence first asked of king Henry the father ther present dyd chose Phillip for king Il esleut le dit Philippe son sils en pour Roy de France which is word for word the Archbishop chose the said Phillip king Henryes sonne in and for king of France which the legats of the pope presently cōfirmed and al the bishops Abbots and cleargie with the nobility people in ther order did the like crying out three tymes in thes vvordes Nous le apprououns nous le voulons soit fait nostre Roy that is vve approue his election we vvil haue him let him be made our king presently was song Te Deum laudamus in the quyar and the rest of the ceremonies of anointing and coronation were done according to the ancient order of this solemnity vsed in the tyme of king Phillips predecessors kings of France Thus far do French stories recount the old ancient manner of anointing and crowning ther kings of France which had endured as I haue said for al most 600. yeares that is to say from Clodoueus vnto this king Phillip the first vvho was crowned in France 7. yeares before our William conquerer who also was present at this coronation had the third place amōg the temporal Princes as Duke of Normandie entred
our lord 1170. but his deuise had no good successe for that king Henry the yonger made war soore after vppō king Henry the elder had both the kings of France and Scotland many nobles of ingland and Normandie to take his part for which cause it is thought that this thing hath neuer bin put in practise againe since that tyme in Ingland but yet heerby it is euident what the opinion of the world vvas in those dayes of the force of coronation and admission of the common vvealth how litle propinquitie of blood preuaileth vvithout that And for more ample profe heerof and fuller cōclusion of al the whole matter I had thought to haue laid downe also in this place some number of the most nororious examples that I haue read for I haue read many vvherin the commō vvealth vppon iust occasions hath extended her authority to alter the natural course of succession by birth but for that the thing requireth some litle study and loking ouer some notes that I haue taken out of stories for helpe of memorie I shal deferr it vntil our next meeting at vvhat tyme I shall by Gods grace make this pointe very cleere and so ende my vvhole discourse for I see that I haue bin much longer then at the beginning I purposed and now I desire much to giue place vnto our temporal lawyer heere present vvho I doubt not hath matter to say of more delectation pleasure then this though you of your curtesies haue done me so much sauour as to heare me hitherto vvith patience and attention Whervnto the vvhole company answered that not vvith patience but vvith great pleasure delight and contentation they had hard him and so they vvould do the temporal lawer also in his turne but yet they desired him that nothing of this discourse might be omitted but vvholy finished for that it gaue very great satisfaction to al and opened many important pointes vnto them vvhich they had neuer thought of before and vvith this they parted for that night euery man vnto his loging habitation HOVV THE NEXT IN SVCCESSION BY PROPINQVITY OF BLOOD HATH OFTEN tymes bin put back by the commonwealth others further of admitted in their places euen in those kingdomes where succession preuaileth with many examples of the kingdomes of Israel and Spayne CAP. VII AT the next meeting the Ciuilian camein very pensiue as though his head had bin ful of study vvherof being asked the reason he answered that he had reuolued many stories since his departure about the pointe vvhich he promised to treat of that he had found such store and great variety of matter as he knew not vvel vvher to begin and much lesse where to end for quoth he if I should begin with the 〈◊〉 kinges before mentioned it vvere infinite that might be alleaged and perhaps some man vvould say they vvere ouer old and far fetched examples and cannot be presidents to vs in these ages if I lay before you the examples of Romane kings and emperors put in and out against the law and right of succession the same men perhapps vvil answer that it vvas by force and iniury of mutinous souldiars whervnto that common wealth was greatly subiect And if I should bring forth any presidents and examples of holy scriptures some other might chance to reply that this was by particuler priuilege vvherin God almightie would deale and dispose of things against the ordinary course of mans law as best liked himselfe whose wil is more then law and whose actions are right it selfe for that he is lord of al and to be limited by no rule or law of man but yet that this is not properly the acte of a common wealth as our question demanndeth Thus I say it may be that some man would reply and therfore hauing store inough of plaine and euident matter vvhich hath no exception for that it hath happened in setled commō vvealthes those 〈◊〉 home where the law of succession is receaued and established to vvit in Spayne France and Ingland I shal retyre my selfe to them aloue but yet putting you in mynd before I passe any further that it is a matter much to be marked how god delt in this poynt vvith the people of Israel at the beginning after he had graunted to them that they should hauve the same gouerment of kings that other nations round about the had vvhos kings did ordinarily reigne by succession as ours do at this day and as al the kings of the Iewes did afterwards and yet this not-vvith standing God at the beginning to vvit at the very entrance of their first kings vvould shew playnely that this law of succeding of the one the other by birth and propinquity of blood though for the most part it should preuaile yet that it was not so precisely necessary but that vppon iust causes it might be altered For proofe wherof we are to consider that albeit he made Saule a trew and lawful king ouer the lewes consequently also gaue him al kingly priuileges benefites and prerogatiues belonging to that degree and state wherof one principal as you know is to haue his children succede after him in the crowne yet after his death God suffred not any one of his generatiō to succed him though he left behinde him many children and among others Is boseth a prince of 40. yeares of age vvhom Abner the general captayne of that nation with eleuē tribes followed for a tyme as their lawful lord and master by succession vntil God checked them for it and induced them to reiect him though heyre apparent by discent and to cleaue to Dauid newly elected king vvho vvas a stranget by birthe no kynee at al to the king deceased And if you say heere that this vvas for the sinne of Saule vvhom God had reiected I do confesse it but yet this is nothing against our purpose for that vve pretend not that a prince that is next in blood can iustly be put back except it be for his owne defects or those of his ancestors And moreouer I vvould haue you consider that by this it is euident that the fault of the father may preiudicate the sonnes right to the crowne albeit the sonne haue no parte in the fault as vve may se in this example not only of Isboseth that vvas punished and depriued for the offence of Saul his father not with standing he had bin proclay med king as hath bin said but also of Ionathas Saules other sonne vvho vvas so good a man and so much praysed in holy seripture yet he being slayne in warr and leauing a sonne named Miphiboseth he vvas put back also though by nearnes of blood he had great interest in the succession as you see and much before Dauid But Dauid being placed in the crowne by election free consent admission of the people of Israel as the scripture playnly testifieth
brothers sonne to Don Alonso the catholique vvas preferred and reigned peacably six yeares and then dying without issue for that the hatred of the spaniards was not yet ended against the memory of king Fruela they would not yet admit any of his generation but rather excluded them agayne the second tyme and admitted a brother in law of his named Don Silo that was married to his sister Dona Adosinda daughter to the fore said noble king catholique Alonso So that here we see twise the right heyres of king Don Fruela for his euel gouerment were put back But Don Silo being dead without issue as also Don Aurelio was before him and the Spaniards anger against king Fruela being now vvel assuaged they admitted to the kingdone his fore said sonne Don Alonso the yonger surnamed afterward the chast whom now twise before they had put back as you haue seene but now they admitted him though hisreigne at the first endured very litle for that a certayne bastard vncle of his named Don Mauregato by help of the moores put him out and reigned by force 6. yeares and in the end dying with out issue the matter came in deliberation againe whether the king Don Alonso the chaste that yet liued and had bin hidden in a monastary of Galitia during the tyme of the tyrāt should returne agayne to gouerne or rather that his cosen german Don vermudo sonne to his vncle the Prince Vimerano whom vve shewed before to haue byn slayne by this mans father king Fruela should be elected in his place And the realme of Spayne determined the second to vvit that Don Vermudo though he vvere much further of by propiuquity of blood and vvith in ecclesiastical order also for that he had bin made deacon should be admitted partly for that he vvas iudged for the more valiant and able Prince then the other vvho seemed to be made more acquainted now vvith the life of monkes and religious men then of a king hauing first bin brought vp among them for 10. or 12. yeares space vvhiles Don Aurelio and Don Silo reigned after the death of his father kinge Fruela and secondly agayne other six yeares during the reigne of the tyrant Mauregato for which cause they estemed the other to be fitter as also for the differēt memories of there tvvo fathers king Fruela and prince Vimerano wherof the first vvas hateful the other most deare as before hath bin declared nether do any of the foure ancient Bishops historiographers of Spayne to wit that of Toledo Besa Salamanca or Ture that liued al about those dayes wrote the storie reprehend this fact of the realme of spaine or put any doubt whether it were lawful or no for the causes before recited Trew it is that after three yeares reigne this king Vermudo being weary of kingly life and feeling some scruple of conscience that being deacon he had forsaken the life ecclesiastical and maryed though by dispensation of the pope as Morales sayeth and entangled himselfe vvith the affaires of a kingdome he resigned vvillingly the gouerment vnto his said Cosen Don Alonso the chast and himselfe liued after a priuate life for diuers yeares but this Don Alonso vvho now the fourth tyme had bin depriued of his succession as you haue seene deceaued the expectation of the spaniards that accoūpted him a monke for he proued the most valiāt and excellent king that euer that nation had both for his vertue valor victories against the moores buylding of townes castells churches Monasteries and other such workes of Christianity as Morales recounteth and be reigned after this his last admission one and fyftie yeares had great frendship vvith king Charles the great of France who liued in the same tyme with hym And this man among other most noble exploites so tamed the Moores of his country as during his dayes he neuer paid that cruel and horrible tribute which before after was paide by the christians to the Moores which was a hundred yong maidens and fiftie sonnes of Gētlemen euery yeare to be brought vp in the religiō of Mahomet amōg those infidel tyrants And finally this man after so much afflictiō came to be one of the most renoumed Princes of the world After this Don Alonso vvho left no children for that he would neuer marry but liued al his life in chastitye ther succeded to him by electiō his nephew named Don Ramiro sonne to the former said king Don Vermudo the deacon that gaue this man the crowne as you haue hard of whose electiō morales writeth these woords Muerto el Rey Don Alonso el casto fue eligido por los 〈◊〉 y grandes del reyno el Rey Don Ramiro primero deste nombre hyio del Rey Don vermudo el diaeono That is the king Don Alōso the chast being dead ther vvas chosen king by the Prelates nobility of the realme Don Ramiro the first of this name sonne of king Vermudo the deacon who resigned his crowne to Don Alonso and it is to be noted that albeit this Don Ramiro vvas next in blood to the succession after the death of his vncle Don Alonso without children yet vvas he chosen by the states as here it is said in expresse vvordes Moreouer it is to be noted that albeit this author Ambrosio Morales and other spanish writers do say that in the tyme of this king Ramiro the law of succession by propinquity in blood vvas so reuiued and strongly confirmed that as the kingdome of Spayne was made as Maiorasgo as he termeth it which is an inheritance so intayled and tyed only to the next in blood as ther is no possibility to alter the same and that frō this tyme forward the king alwayes caused his eldest sonne to be named king or Prince so euer to be sworne by the realme nobilitie yet shal vve find this ordinance and succession oftentymes to haue byn broken vppon seueral considerations as this author himselfe in that very chapter confesseth As for example after foure discents from this man vvhich were Don Ordonio the first this mans sonne and Don Alonso the third Don Garzia and Don Ordonio the second al fower kings by orderly succession it happened that in the yeare of christ 924. Don Ordonio the second dying left foure sonnes and one daughter lawfully begotten and yet the state of spayne displaced them al and gaue the kingdome to ther vncle Don Fruela second brother to there father Don Ordonio and morales sayeth that ther appeareth no other reason heerof but only for that these sonnes of the king disceased vvere yong and not so apt to gouerne vvel the realme as ther vncle was But after a yeares reigne this king Fruelae dyed also left diuers children at mans estate and then did the spaniards as much agaynst them as they had done for him before against the children of his elder brother
For they put them al by the crowne chose for their king Don Alonso the fourth which vvas eldest sonne to Don Ordonio the second before named that had bin last king sauing one and this man also I meane Don Alonso the fourth leauing afterward his kingdome and betaking him selfe to a religious habit offered to the commō wealth of spaine his eldest sonne lawfully begotten named Dō Ordonio to be there king but they refused him and tooke his brother I meane this kings brother and vncle to the yong Prince named Don Ramiro who reigned 19. yeares and vvas a most excellent king and gayned Madrid from the Moores though noted of crueltie for imprisoning pulling out the eyes afterward of this king Don Alonso the 4. and al his children and nephewes for that he would haue left his habit and returned to be king againe But this fact my author Morales excuseth saying that it vvas requisire for peace and safty of the realme so as heere you see two most manifest alteratiōs of lineal succession together by order of the common wealth Furthermore after this noble king Dō Ramiro the second succeded as heyre apparent to the crowne his elder sonne Don Ordonio the third of this name in the yeare of our Sauiour 950. but this succession indured no longer then vnto his owne death which vvas after 7. yeares for then albeit he left a sonne named el enfante Don Vermudo yet he was not admitted but rather his brother Don Sancho the first of this name surnamed el Gordo vvho was vncle to the yong Prince and the reason of this alteration Morales giueth in thes wordes el succeder en el regno al hermano fue por la racon ordinaria de ser el enfante Don Vermudo nīno y no bastante para el gouierno y difença de la terra Which is the cause why the kings brother and not his sonne succeded in the crowne vvas for the ordinary reason so often before alleaged for that the infant or yong Prince Vermudo vvas a little child and not sufficient for gouerment and defence of the countrey Truth it is that after this Don Sancho had reigned and his sonne and heyre named Don Ramiro the third after him for the space of 30. yeares in all then was this youth Don Vermudo that is now put back called by the realme to the succession of the crowne and made kinge by the name of king Vermudo the second vvho left after him Don Alonso the 5. and he agayne his sonne Don Vermudo the third who marying his sister Dona Sancha that was his heire vnto Don Fernando first earle then king of Castile who was second sonne to Don Sancho Mayor king of Nauarr as before hath bin said he ioyned by thes meanes the kingdomes of Leon and Castile together which were seperat before and so ended the line of Don Pelayo first Christian king of Spaine after the entrance of the Moores which had endured now three hundreth yeares and the blood of Nauarr entred as you see and so continued therin vntil the entrance of those of Austria as before hath bin said which was almost 5. hundreth yeares together And thus much I thought good to note out of the stories of Spaine for this first discent of the spanish kings after the entrance of the Moores nether meane I to passe much further both for that it would be ouer long as also for that myne author Morales who is the most diligent that hath writen the chronicles of that natiō endeth heere his story with king Vermudo the third and last of the Gotish bloode Notwithstanding if I would go on further ther would not vvant diuers euident examples also to the same purpose which Stephen Garabay an other chonicler of Spaine doth touch in the continuation of this story vvherof for examples sake only I wil name tvvo or three among the rest And first about the yeare of Christ 1201. ther was a mariage made by king Iohn of Inglād for Dona Blancha his neece that is to say the daughter of his sister Dame Elinor and of Don Alonso the 9. of that name king and Queene of spaine which Blancha was to mary the Prince of Frāce named Luys sonne heyre to king Phillip surnamed Augustus which Luys was after-ward king of France by the name of Luys the 8. was father to Luys the 9. surnamed the saint This lady Blancha vvas neece as I haue said vnto king Iohn and to king Richard the first of Inglād for that her mother lady Elenor was ther sister and daughter to king Henry the second and king Iohn made this mariage ther by to make peace with the French and was content to giue for hir dowrey for that he could not tel how to recouer them agayne al those townes countres which the said king Phillip had taken vppon the Inglish by this kings euel gouerment in Normandie and Gasconie and more ouer promisse was made that if the Prince Henry of spayne that vvas the only brother to the said Lady Blāch should dye without issue as after he did then this lady should succede in the crowne of Spaine also but yet afterward the state of Spayne would not performe this but rather admitted her yonger sister Dona Berenguela maried to the Prince of Leon and excluded both Blanch and her sonne the king S. Luys of France agaynst the euident right of succession and propinquity of blood the only reason they yealded hereof vvas not to admitt strangers to the crowne as Garabay testifieth This hapned then and I do note by the way that this Dona Berenguela second daughter of Queene Elenor the Inglish woman was married as hath bin said to the Prince of Leon and had by him Don Fernando the third of that name king of Castilia surnamed also the saint so as the two daughters of an Inglish Queene had two kings saints for ther sonnes at one tyme the elder of France and the yonger of Spayne After this againe about threescore yeares the Prince of Spayne named Don Alonso surnamed de la cerda for that he was borne with a great gristle heare on his brest called cerda in spanish which Don Alonso was nephew to the king Fernando the saint maried with the daughter of sainct Luys king of France named also Blantha as her grand mother was and had by her two sonnes called Alonso Hernando de la cerda as the Prince their father was named vvhich father of thers dying before the king the grand father left them commended to the realme as lawful heyres apparent to the crowne yet for that a certayne vncle of thers named Don Sancho yonger brother to their father which Do Sancho was surnamed afterward el brauo for his valor and vvas a great warrier and more like to manage vvel the matters of warr then they he was madde heyre
apparent of Spayne and they put back in ther grand fathers tyme and by his and the realmes consent ther father as I haue said being dead and this was done in a general parlament holden at Segouia in the yeare 1276. and after this Don Sancho was made king in the yeare 1284. and the two Princes put into prisō but afterward at the sure of there vncle king Phillip the third of France they were let out agayne and endued with certayne landes and so they remaine vnto this day and of thes do come the Dukes of Medina Celi and al the rest of the house of Cerda which are of much nobility in Spayne at this tyme and king Phillip that reyneth cometh of Don Sancho the yonger brother Not long after this agayne when Don Pedro surnamed the cruel king of Castile was driuen out and his bastard brother Henry the second set vp in his place as before hath bin mētioned the Duke of Lancaster Iohn of Gant hauing maried Dona Constantia the said king peters daughter heyre pretended by succession the said crowne of Castile as in deed it appertayned vnto him but yet the state of spaine denied it flatly and defended it by atmes and they preuailed against Iohn of Gant as dyd also the race of Henry the bastard against his lawful brother the race of Don Sancho the vncle against his lawful nephewes as hath byn shewed and that of Dona Berenguela against her elder sister al which races do reigne vnto this day thes three changes of the trew lyue happened with in two ages and in the third and principal discent of the Spanish kings when this matter of succession was most assuredly and perfectly established and yet who wil deny but that the kings of Spayne who hold by the later titles at this day be true and lawful kings Well one example wil I giue you more out of the kyngdom of Portugal and so wil I make an ende with thes countreyes This kinge Henry the bastard last named king of Spayne had a sonne that succeded him in the crowne of Spayne named Iohn the first who married the daughter and heyre named Dona Beatrix of king Fernando the first of Portugal but yet after the death of the said King Fernando the states of Portugal would neuer agree to admit him for ther king for not subiecting themselues by that meanes to the Castilians and for that cause they rather tooke for ther king a bastard brother of the said late king Don Fernando whos name was Don Iuan a youth of 20. yeares old who had bin master of a militare order in Portugal named de Auis and so they excluded Dona Beatrix Queene of Castile that was their lawful heyre aud chose this yong man and maried him afterwards to the lady Phillippe daughter of Iohn of Gant Duke of Lancaster by his first wife blanch Duchesse and heyre of Lācaster in whose right the kings of Portugal and ther discendents do pretend vnto this day a cerrayne interest to the house of Lancaster which I leaue to our tēporal lawyer to discusse but heereby we see what an ordinary matter it hath bin in Spayne and Portugal to alter the lyne of next succession vppon any reasonable consideration which they imagined to be for ther weal publique and the like we shal finde in France Ingland which euen now I wil begin to treat of DIVERS OTHER EXAM'PLES OVT OF THE STATES OF FRANCE AND INGLAND FOR proofe that the next in blood are some tymes put backe from succession and how God had approued the same with good successe CAP. VIII AS concerning the state of France I haue noted before that albeit since the entrāce of ther first king Pharamond with his Frankes out of Germanie which vvas about the yeare of Christ 419. they haue neuer had any strāger come to were there crowne which they attribute to the benefit of there law Salike that for biddeth women to reigne yet among themselues haue they changed twyse there whole race and linage of kings once in the entrance of king Pepin that put out the lyne of Pharamond about the yeare 751. and agayne in the promotion of kinge Hugo Capetus that put out the lyne of Pepin in the yeare 988 so as they haue had three discents and races of kings as wel as the spaniards the first of Pharamond the 2. of Pepin and the 3. of Capetus which indureth vnto this present if it be not altered now by the exclusion that diuers pretend to make of the king of Nauarr and other Princes of the blood royal of the howse of Burbon Wherfore as I did before in the spaniards so I wil heere let passe the first ranke of al of the french kings for that some men may say perhaps that the common wealth and law of succession was not so wel setled in those dayes as it hath bin afterward in tyme of kinge Pepin Charles the great and ther discendantes as also for that it were in very deede ouer tedious to examine and pervse al three rankes of kings in France as you wil say when you shal see what store I haue to alleage out of the second ranck only which began vvith the exclusion and deposition of their lawful King Childerike the third and election of king Pepin as before you haue heard at large declared in the third chapter of this discourse it shal not be need ful to repeate the same agayne in this place Pepin then surnamed le brefe or the litle for his smale stature though he vvere a gyant in deeds being made king of France by mere election in the yeare of Christ 751. after 22. kings that had reigned of the first lyne of Pharamond for the space of more then three hundreth yeares and being so famous and worthy a king as al the world knoweth reigned 18. yeares then left his states and kingdomes by succession vnto his eldest sonne Charles surnamed afterward the great for his famous and heroical acts And albeit the vvhole kingdome of France appertayned vnto him alone by the law of succession as hath bin said his father being king and he his eldest sonne yet would the realme of France shew ther authority in his admission which Girard setteth downe in thes vvords Estant Pepin decedé les Francois esleurent Rois Charles Carlomon ses fils ala charge qu'ils partageroient entre eux egalement le royaume Which is king Pipin being deade the french men chose for ther kings his two sonnes Charles and Carlomon with condition that they should part equally betwene them the realme Wherin is to be noted not only the election of the common wealth besides succession but also the heauie condition laid vppon the heyre to part halfe of his kingdome vvith his yonger brother and the very same woords hath Eginard an ancient French writer in the life of this Charles the great
king Charles the simple vvhich Luys was coÌ„monly called now in France by the name of d'Outremer that is be-yond the sea for that he had bin brought vp in Ingland the said states being also greatly and continually sollicited heerunto by the Embassadors of king Adelstan of Ingland and by William Duke of Normandie surnamed long speer great grand father to William the conqueror who by the king of Ingland vvas gayned also to be of the yong princes part for these considerations I say they resolued to cal him into France out of Ingland as his father had bin before him and to admitt and crowne him king and so they did and he reigned 27. yeares and vvas a good Prince died peaceablie in his bedd the yeare of Christ 945. This king Luys d'Outremer left tvvo sonnes behind him the eldest vvas called Lothaire the first who succeded him in the crowne of FraÌ„ce and the second vvas named Charles vvhom he made Duke of Lorayne Lothaire dying left one only sonne named Luys as his grand father vvas vvho was king of France by the name of Luys the 5. and dying vvithout issue after tvvo yeares that he had reygned the crowne vvas to haue gone by lyneal succession vnto his vncle Charles the duke of Lorayne secoÌ„nd sonne to Luys d'Outremer as is euident but the states of France did put him by it for mislike they had of his person and did chose Hugo Capetus Earle of Paris and so ended the second lyne of Pepin and of Charles the great and entred the race of Hugo Capetus vvhich endurcth vntil this day and the French stories do say that this surname Capet vvas giuen to him vvhen he vvas a boy for that he vvas wont to snatch avvay his fellovves cappes from their heades vvherof he vvas termed Snatch cappe vvhich some do interprete to be an abodement that he should snatch also a crowne from the true owners head in tyme as aftervvard vve see it fel out though yet he had it by election and approbation of the common vvealth as I haue said And in this respect al the french chroniclers who otherwise are most earnest defenders of ther law of succession do iustifie tâ—is title of Hugo Capetus against Charles for vvhich cause Frances Belforest doth alleadge the saying of William Nangis an ancient and diligent chronicler of the Abby of S. Denys in France vvho defendeth king Capetus in these vvords VVe may not graunt in any case that Hugh Capet may be estemed an inuador or vsurper of the crowne of France seing the Lordes Prelates princes and gouernors of the realme did cal him to this dignitie and chose him for their king and Soueraine Lord thus much Nangis vppon vvhich wordes Belforest saieth as followeth I haue layd before you the vvordes and censure of this good religious man for that they seeme to me to touch the quick for in very truth we cannot by any other meanes defend the title of Hugh Capet from Vsurpation and fellonie then to iustifie his comming to the crowne by the consent and wil of the common wealth and in this I may wel excuse me from inconstancie and contradiction to my selfe that haue so earnestly defended succession before for he that wil consider how and vvith vvhat conditions I defended that shal easely see also that I am not heere contrary to the same thus much Belforest I Thinke it not a misse also to put downe heer some part of the oration or speech vvhich the Embassador that vvas sent at that tyme from the state of France vnto Charles of Loraine after their election of Hugh Capet and Charles exclusion did vse vnto him in ther names which spech Girard doth recount in these wordes Euery man knoweth Lord Charles that the succession of the crowne and realme of France according to the ordinary Lawes and rights of the same belongeth vnto you and not vnto Hugh Capet now our king but yet the very same lawes vvhich do giue vnto you this right of succession do iudge you also vnworthy of the same for that you haue not endeuored hitherto to frame your life and manners according to the prescript of those lawes nor according to the vse custome of your coumtrey of France but rather haue allyed your selfe vvith the German nation our old enimies and haue acquainted your selfe vvith their vile and base manners Wherfore seing you haue forsaken abandoned the ancient vertue sweetnes and amitie of the french vve haue also abandoned and left you and haue chosen Hugh Capet for our king and haue put you back and this without any scruple or preiudice of our consciences at al esteeming it far better and more iust to liue vnder Hugh Capet the present posessor of the crowne with enioying the ancient vse of our lawes customes priuileges and liberties then vnder you the inheritor by neernes of bloode in oppression strange customes and cruelty For euen as those which are to make a voyage in a ship vppon a dangerous sea do not so much respect vvhether the pilot which is to guyd the sterne be owner of the ship or no but rather whether he be skilful valiant and like to bring them in safety to ther wayes end or to drowne them among the waues euen so our principal care is that we haue a good Prince to leade and guyd vs happely in this way of ciuil and politique life vvhich is the end why princes were appointed for that this man is fitter to be our king This message did the states of France send to Charles of Lorayne in defence of their doings and with this he lost his succession for euer and afterwards his life also in prison and the French men thought themselues secure in conscience as you see for doing the same which God hath also since seemed to confirme with the succession and happy successe of so many noble and most christian kings as haue issued out of this line of Hugo Capetus vnto this day And this spoken now of the second lyne of France I take to be sufficient for proofe of our purpose without going any further for that if we do but number these kings alredy named that haue reigned in this second race from king Pepin downwards vnto Hugh Capet vvhich are about 17. or 18. kings in 238. yeares vve shal finde that not some few but the most part of them did both enter and enioy ther crownes and dignities contrary to the law of lyneal discent and of next succession by blood Wherof also ther would not vvant diuers examples in the third and last discent since Hugo Capetus tyme if we would passe further to examine the stories ther-of For not to go further downe then to the very next discent after Hugh which vvas king Robert his sonne Girard affirmeth in his story that of his two sonnes which he had named Robert and Henry Robert the elder vvas put back and his yonger brother Henry
goodly monasteries and churches and dying left as famous a sonne behynde him as himself which was Edward the first surnamed the senior or elder This king Edward dying left two sonnes lawfully begotten of his wife Edgina the one named Prince Edmund and the other Eldred a third illegitimate whose name vvas Adelstan whom he had by a concubine But yet for that this man vvas estemed to be of more valor then the other he was preferred to the crowne before the two other Princes legittimate for so restifieth Polidor in thes wordes Adelstanus ex concubina Edwardi films rex a populo consalutatur atque ad king stonum opidum more maiorum ab Athelmo Cautuariensi Archiepiscopo coronatur vvhich is Adelstan the sonne of king Edward by a concubine vvas made king by the people and vvas crowned according to the old custome by Athelme Archbishop of Caterbury at the towne of kingston Thus far polidor and Stow addeth further thes words His coronation was celebrated in the market place vppon a stage erected on high that the king might better be seene of the multitude he was a Prince of worthy memorie valiant and wife in al his acts brought this land into one perfect monarchie for he expelled vtterly the danes and quieted the welchme Thus much Stow of the successe of chusing this king bastard to reigne To whose acts might be added that he conquered Scotland and brought Constantine their king to do him homage and restored Luys d'Outremer his sisters sonne to the kingdome of France as before hath bin signified This man dying without issue his lawful brother Edmond put back before was admitted to the crowne who being of excellent expectation died after 6. yeares and left two lawful sonnes but yet for that they were yonge they were both put back by the realme and their vncle Eldred was preferred before them so faith Polidor Genuit Edmondus ex Egilda vxore Fduinum Edgarum qui cum etate pueri essent post Eldredum deinde regnarunt King Edmond begat of his wife Egilda two sonnes named Edwin and Edgar who for that they were but children in yeares were put back and reigned afterward after ther vncle Eldred The like saith Stow and yealdeth the same reason in thes wordes Eldred succeded Edmōd his brother for that his sonnes Edwin and Edgar were thought to yong to take so great a charge vppon them This Eldred though he entred as you see against the right of the nephewes yet saith Polidor and Stow that he had al mens good will and was crowned as his brother had bin at kingston by Odo Archbishop of Canterbury and reigned 9. yeares with great good wil and praise of al men He dyed at last without issue and so his elder nephew Edwin vvas admitted to the crowne but yet after foure yeares he was deposed agayne for his leude and vitious life and his yonger brother Edgar admitted in his place in the yeare of Christ 959. This king Edgar that entred by deposition of his brother vvas one of the rarest princes that the world had in his tyme both for peace and vvar iustice pietye and valor Stow sayeth he kept a nauie of three thousand and 6. hundreth shippes distributed in diuers partes for defence of the realme Also that he buylt and restored 47. monasteries at his owne charges and did other many such acts he vvas father to king Edward the martir grand father to king Edward the confessor though by two different wiues for by his first wife named Egilfred he had Edward after martirized and by his secōd vvife Alfred he had Etheldred father to Edvvard the confessor to the end that Etheldred myght raigne his mother Alfred caused King Edward the sonue of Egilfred to be stayne after king Edgar her husband was dead After this so shameful murther of king Edward many good men of the realme vvere of opinion not to admit the succession of Etheldred his half brother both in respect of the murther of king Edward his elder brother cōmitted for his sake as also for that he semed a man not fir to gouerne and of this opinion among others vvas the holy man Dunston archbishop of Canterbury as Polidor sayeth who at length in flat words denyed to consecrate him but seing the most part of the realme bent on Etheldreds side he foretould them that it would repent them after and that in this mās life the realme should be destroyed as in deede it vvas and he rann away to Normandy and left Sweno and his danes in possession of the realme though afterward Sweno being dead he returned agayne and dyed in London This Etheldred had two wiues the first Ethelgina an Inglish womā by whom he had prince Edmund surnamed Ironside for his great strength and valor vvho suceeded his father in the crowne of Ingland for a yeare and at his death left two sonnes which after shal be named and besides this Etheldred had by his first wife other two sonnes Edwin and Adelston and one daughter named Edgina al which were ether slayne by the danes or dyed without issue The secōd wife of Etheldred was called Emma sister to Richard Duke of Normandie vvho was grand father to William the conqueror to witt father to Duke Robert that was father to VVilliam so as Emma vvas great aunt to this VVilliam and she bare vnto king Etheldred two sonnes the first Edward who was afterward named king Edward the Confessor and Alerud who was slayne traiterously by the Earle of kent as presently we shal shew After the death also of king Etheldred Queene Fmma was maried to the Dane king Canutus the first of that name surnamed the great that was king of Ingland after Etheldred Edmond Ironside his sonne and to him she bare a sonne named Hardicanutus vvho reigned also in Ingland before king Edvvard the Confessor New then to come to our purpose he that wil consider the passing of the crowne of Ingland from the death of Edmonde Ironside elder sonne of king Eltheldred vntil the possession therof gotten by VVilliam Duke of Normandie to wit for the space of 50. yeares shal easely see what authority the common wealth hath in such affaires to alter titles of succession according as publique necessity or vtility shal require for thus briefly the matter passed King Eltheldred seing himselfe to vveake for Sweno the king of Danes that vvas entred the land fled with his wife Emma and her two children Edward and Alerud vnto her brother Duke Richard of Normandie ther remayned vntil the death of Sweno and he being dead Etheldred returned into Ingland made a certayne agrement and diuision of the realme betweene him Canutus the sonne of Sweno and so dyed leauing his eldest sonne Edmond Ironside to succed him who soone after dying also left the whole realme to the said Canutus and that by playne couenant as Canutus pretended that
this affuyre vvil grow somevvhat longe and so be ended at lenght by some composition only and that either by parlament and general consent of al partes pretendentes and of al three bodyes of religion meeting together by their deputes and treat and conclude some forme of agreement as vve see it practised now in France or els by some other meanes of commissaries commissioners legates deputies or the like to to make the conclusion vvith euery partye a sunder My third last coniecture is for a meere coniecture only I vvould haue you to hold it that seeing there be two sortes of pretenders which stande for this preferment the one strangers the other Inglish my opinion is that of any one forrayne Prince that pretendeth the Infanta of Spayne is likest to beare it away or some other by her title layed vppon hym by her father the kinges good will and on the other side of any domestical competitors the second sonne of the earle of Hartford or of the issue of the countesse of Darby carrieth much shew to be preferred My reasons for the former part about the Lady Infanta are that she is a woman and may easely ioyne if her father vvill the titles of Britany and Portugal together she is also vnmarried and by her marriage may make some other composition either at home or abroade that may facillitate the matter she is a great Princesse and fit for some great state and other Princes perhapps of Christendome vvould more vvillingly yeald and concurr to such a composition of matters by this Lady and by casting all forraine titles of Britanie and Portugal vppon her then that the king of Spayne should pretend for himself there by encrease his monarchie which other Princes his neyghbours in reason of state vvould not so well allow to beare In Ingland also it selfe if any partye or person be affected that way he vvould thinke heerby to haue the more reason and if any be against straingers some such moderation as this would take away much of this auersion as also of arguments agaynst it for that heerby it semeth that no subiectiō could be feared to any forrayne realme but rather diuers vtilities to the realme of Inglāde as these mē pretēde by the reasons before alleaged in the precedēt chapter I said also that this Lady Infanta or some other by her title and her fathers good vvil was likest of all straingers to beare it away for that if she should either dye or be married in any other countrye or otherwise to be disposed of as her pretēce to Ingland should be disinabled before this affayre came to be tried then may her said father and she if they list cast their fore saide interests and titles as diuers men thinke they would vppon some other Prince of their owne house and blood as for example either vppon some of the families of Parma or Bragansa before mentioned or of the house of Austria seing theit wanteth not many able vvorthy Princes of that house for whom there vvould be the same reasons and considerations to persuade their admission by the Inglish that haue bin alleaged before for the Infanta the same 〈◊〉 to the realme and motiues to Inglishmen if such a matter should come in cousultation and the same frends and forćes would not want abroad to assist them For the second parte of my coniecture touching the earle of Hartfords second sonne or one of the countesse of Darbyes children my reasons be first for that this secōd sōne seemeth to be cleered in our former discourse of that bastardy that most importeth and neerest of al other lyeth vppon those children which is for lack of due proofe of their parēts marriage for which defect they do stand declared for illegitimate by publique sentence of the archbishop of Canterbury as before hath bin declared from which sentēce this second sonne is made free by the arguments before alleaged and therin preferred before his elder brother And secondly for that this yonger sonne is vnmarried for any thing that I do know to the contrary which may be a pointe of no smalle moment in such an occasion as hath bin noted diuers tymes before for ioyning or fortefying of tittles by marriage and for making of compositions of peace and vnion with the opposite parties And finally for that this second sonne being yonge his religion is not yet much talked of and consequently euery partie may haue hope to draw him to their side especially he being also free as I haue said to follow what he shal thinke best or most expediēt for his owne aduancement without knott or obligation to follow other mens affections or iudgmēts in that pointe as he would be presumed to be if he were married or much obliged to any other familie I do name also in this second pointe the children of the countesse of Darby first for that in truth the probabilities of this house be very great both in respect of their discent which in effect is holden as it were cleeare from bastardy as before hath bin shewed and then againe for their neernes in degree which by the countesse yer liuing is neerer to king Henry the seuenth by one degree then any other cōpetitor whatsoeuer Secondly I do name this countesse children not her selfe for that I see most mē that fauour this house very willing desirous that some of the said countesse children should rather be preferred then she herselfe and this for that she is a vvoman it seemeth to thē much to haue three womē reigne one after the other as before hath bin noted so as they would haue her title to be cast rather vppon one of her children euen as vppon like occasion it hath bin shewed before that the Spaniards caused the Lady Berenguela neece to king Henry the second to tesigne her title to her sonne vvhen she should haue succeeded by neernes of inheritance as a litle before that the state of Ingland did after king Stephen vnto king Henry the first his daughter Maude the Empresse whō they caused to passe ouer her title to her sonne Hēry the secōd though her owne right should haue gone before him by neernes of succession as also should haue done by orderly course of succession the right of Margaret countesse of Richmond before her sonne king Henry the seuenth as before hath bin proued but yet vve see that her sonne was preferred the like vvould these men haue to be obserued in the countesse of Darby Lastly I do name the children of this countesse in general and not the earle of Darby particulerly aboue the other though he be the eldest for two respects first for that his yonger brother is vnmarried which is a circumstance wherof diuers tymes occasion hath bin offred to speake before and therfore I neede to ad no further therin secondly for that diuers men remaine not so fully satisfied contented
nephevves The case of succession to Portugal The proper interest of K. Henry the 4. cānot discend to king Hēry the 7. Issue of K. Iohn the 3. of Portugal L. Levves father of Don Antonio King Hen ry Cardinal The pretence of the Queene mother in France to Portugal Fiue pretenders of the Grovvne of Portugal The contention about the succession of Portugal Atturneyes sent to Portugal sentēce of illegitimation against Don Antonio VVriters of this cō trouerfie 1. The 〈◊〉 vvhy don Antonio vvas pronounced illegitimate 2. 3. 4. 5. 6. Don Antonio his pretēce to Ingland Three principall pretenderes of Por tugal Pretence of the duke of Parma K. Phillippes pre tence to Portugal Diuers allegations for king Phillip Hieron Fraki lo Pet. VipeIanus The case of pretece of the hovvle of Portugal to Ingland An obiection vvith the ansvver Obiections against the pretenders of Portugal Ansvvers Note this By vvhat title king Hēry the 7. did enter About forrayne povver in Ingland About forrayne gouerment The occa sion of the next chapter about foraine gouerment Reasons against forraine gouerment Polit. Arist. Demosthenis Philipicae in AEfhines Attēptes to deliuer realmes from strāgers Quint. Curt. li 5. 6. de gest Alex. Vespere Sicilianae an 1265. Leand. in descript Siciliae Polyd. li. 〈◊〉 Hollings in vit Camiti The rage of the french against Inglish The conclusion against 〈◊〉 Authority of scripture against strangers Deus 15. The ansvvere in defence of fortaine gouerment The effect of go uerments to be con sidered not the gouernours An example Lytle importeth the subiect of vvhat country his go uernour is so he be good 〈◊〉 Reg. 12 Not the country but the good gouerment importeth Note these examples VVho are properly straingers Diuers manners of being vnder strangers To be vnder Strangers by Coquest Hovv Cōquerors doe proceede tovvards the Conquered Polydor Virg. lib. 8 histot 〈◊〉 Clemēcie of the Romans Lib. 5. Mechab cap. 8. Strangers most fauoured to vvise gouerments Gascoynes Britons Candians States of Italie The condition of Irish vnder the Inglish Of the states of Flanders Girard du Hailan lib. 18. an 1381. Prosperity of Flanders vnder the hovvse of Austria Io. Guicciard nella descrittione delli pasi bassi The anthority of the Fleminges at home The indulgence vsed to offenders in Flanders The Spaniard punis heth lesse in Italie thē 〈◊〉 home Viceryes do giue accompt of ther gouerment Much slaughter of nobility in Ingland Executiō of nobility by Hēry the eight Vnder King Edvvard and Queene Mary States gouerned happely by torrayne Princes Old afflictions of Naples Millan VVhether a great or little Prince be better An exam ple to shevv the former diffetēce Pedro Mexia en vit de Antonino Pio. The felicity of the Romā gouermēt The seeōd vvaye of being vnder a forraine Prince A fortayne Prince vvithout forces not preiudicial Note this vtilitie 〈◊〉 a forayne king The māner of forayne Prince more cōmodious for the present A third vvay of being vnder forraine gouerment Dangers of domes tical gouerment Inconueniences of this go uerment Strang gouer nours desired in some Realines The ansvver to 〈◊〉 against forrayne gouermēt Ansvver to the Grecian Philosophers aud orators Demosthenes The trooblesome state of the Grecian cittyes Arist. l. 2. polit c 1. 〈◊〉 2. Ansvver to the obiectiō out of Deutronomye Deut. 15. Secōdary Lines Ambiguite of preuailinge Tvvo groundes of probabilitie of speeding Three religions in Ingland The greate importance of religion in this actions The Cleargie The Coūcell and nobilitic Persons designed or fauoured by the protestant partie Foraayne frends of the protestants Of the party Putitan Persons affected by the Puritans External frends 〈◊〉 The Puritan at home Those of the Romā Religion The Roman partye great vvhy 1. Reg. 234 Effects of pressing an religiō Frends allies abroade The Lordes Beacham the earle of Darby Alliance of the earle of Darby Alliance of the Seymers Alliance of the Stanleys Alliāce of the old countesse of Darby The states of the Lord Beacham and the earle of Darby Religion of these Lords The earle of Huntington Alliāce of the earle of Huntington The povver of London Polydor. 24. Hollingshod in vita Henrici 6. The houses of Britaine and Portugal Infanta of Spayne Duke of Parma The duke of Bragansa Povver of forrayne pretēders The 1. Cōiecture that their vvilbe vvarre vvhye 1. 2. 3. 4. Sup. c. 4. 5. 6. A consideration to be marked The secōd cōiecture no mayn battayle probable 2. The third coniecture vvho is lykest to preuaile For the Infanta of Spayne For the earle of Hartfords seconde sonne 1. Sup. c. 〈◊〉 2. 3. For the children of the Coūtesse of Darbie 1. Garibay l. a5 c. 36. Polydor in rit Steph. 3.
though by motion and direction of God himselfe we must confesse and no man I thinke vvil deny but that he had giuen vnto him ther whith al kingly priuileges preheminences and regalities euen in the highest degree as vvas conuenient to such a state and among other the scripture expresly nameth that in particuler it vvas assured him by God that his seede should regine after him yea and that for euer but yet vve do not finde this to be performed to any of his elder sonnes as by order of succession it should seme to appertaine no nor to any of their of-spring or discents but only to Salomō vvhich was his younger and tenth sonne and the fourth only by Bersabce as before hath bin touched Trew it is that the scripture recounteth how Adonias Dauids elder sonne that vvas of rare bewty a very godly yong prince seing his father now very old impotent to lye on his death bedd himselfe heyre apparent by antiquitie of bloode after the death of Absalon his elder brother that was slayne before he had determined to haue proclamed himself heire apparēt in Ierusalem before his father died for that purpose had ordeyned a greate assembly banquet had called vnto it both the high preist Abiathar diuers of the cleargie as also the general captaine of al the army of Israel named Ioab With other of the nobility and vvith thē al the rest of his bretherē that were sonnes to king Dauid sauing only Salomō together vvith many other princes great men both spiritual temporal of that estate and had prepared for hem a great feast as I haue said meaning that very day to proclayme himselfe heyre apparent to the crowne and to be crowned as in deed by succession of blood it appertayned vnto him and this he attempted so much the rather by councel of his frends for that he saw the king his father very old and impotent and redy to dye and had taken no order at al for his successor and moreouer Adonias had vnderstood how that Bersabee Salomons mother had some hope to haue her sonne reigne after Dauid vppon a certaine promise that Dauid in his youth had made vnto her therof as also she had in the special fauour and frendship which Nathan the Prophet and Sadoc the preist who could do much vvith the old king Dauid did beare vnto her sonne Salomon aboue al the rest of his brethren Herevppon I say these two that is to saye Queene Bersabee Nathan the Propher comming together to the old man as he lay on his bedd and putting him in mynd of his promise and oth made to Bersabee for the preferment of her sonne and shewing besides how that Adonias whithout his order and consent had gathered an assembly to make himselfe king euen that very day which did put the old king in very great feare and anger and further also telling him vvhich pleased him wel quod oculs totius Isreal in eum respicerent vt indicaret eis quis sederet in solio suo post ipsum that is that the eyes of al Israel vvere vppon him to see whom he vvould commend vnto them to sit in his seat after him which was as much to say as that the vvhole commō wealth referred it to his choise which of his sonnes should reigne after him Vppon these reasons and persuasions I say the good old king was cōtent that they should take Salomon out of hand and put him vppon the kings owne mule and carry him about the streets of Ierusalem accompained whith his gard and court and crying whith sound of trumpets Viuat Rex Salomon and that Sadoc the preist should annoynt him and after that he should be brought back and placed in the royal throne in the pallace and so in deed he was at what time king Dauid himselfe being not able through impotencie to rise out of his bedd did him honor and reuerence from the place vvher he laye for so saith the scriptures aderauit rex in lectulo suo king Dauid adored his sonne Salomon thus crowned euen from his bedd al vvhich no doubt thoughe yt may seeme to haue bin vvrought by humane meanes and pollicy yet must vve confesse that it vvas principally by the special instinct of God himselfe as by the sequel and successe vve see so that hereby also vve are taught that these like determinations of the people magistrates cōmon vvealthes about admitting or refusing of princes to reigne or not to reigne ouer them vvhen their designements are to good endes and for iust respects and causes are allowed also by God and oftentymes are his owne special dirftes and dispositions though they seme to come from man Wherof no one thing can giue a more euident proofe then that which ensued afterward to prince Roboam the lawful sonne and heyre of this king Salomon who after his fathers death comming to Sichem wher al the people of Israel vvere gathered together for his coronation and admission according to his right by succession For vntil that time vve see he was not accounted true kinge thoughe his father was dead and this is to be noted the people began to propose vnto him certayne conditions for taking away of some harde and heauy impositions layed vppon them by Salomon his father an euident president of the oth and conditions that princes do swere vnto in thes dayes at their coronation vvhervnto vvhen Roboam refused to yeild ten tribes of the twelue refused to admit him for their king but chose rather one Ieroboam Roboams seruant that was a meere stranger and but of poore parentage made him ther lawful king God allowed therof as the scripture in expresse vvords doth testifie and vvhen Roboam that toke himselfe to be openly iniuried heer by vvould by armes haue pursued his title and had gathered together an armie of a hundred and fower score thovvsand chosen souldiars as the scripture sayeth to punish thes rebells as he called thē to reduce thes 10 tribes to their due obediēce of ther natural prince God appeered vnto one Semeia a holy man bad him go to the campe of Roboam and tel them playnely that he would not haue them to fight against ther brethern that had chosen an other king but that euery man should go home to his house and liue quietly vnder the king vvhich each party had and so they did and this was the end of that tumult vvhich God for the sinnes of Salomon had permitted and allowed of And thus much by the way I thought good to touch out of holy scripture concerning the Iewish cōmonwealth euen at the beginning for that it may giue light to al the rest vvhich after I am to create of for if God permitted and allowed this in his owne common wealth that vvas to be the exāple and paterne of al others that should ensew no doubt but that
to wit that the French state in a publique assembly did chose two Princes to be their kings with expresse condition to deuide the realme equally as Francis Belforest citeth his wordes which two French authors I meane Girard and Belforest I shal vse principally hereafter in the rest of my citations After three yeares that these two bretherē had reigned together king Carlomon the yonger died and left many sonnes the elder wherof vvas named Adalgise but Belforest sayeth that the Lords ecclesiastical temporal of France swore fidelitie and obedience to Charles without any respect or regard at al of the children of Carlomon who yet by right of succession should haue bin preferred Paulus Emilius a latine writer saith proceres regni ad Carolum vltro venientes regem eum totius Galliae salutarunt that is the nobility of the realme comming of ther owne accord vnto charles saluted him king of al France wherby is shewed that this exclusion of the children of Carlomon was not by force or tiranny but by free deliberation of the realme After Charles the great reigned by successiō his only sonue Luys the first surnamed de bonnaire of his curtesye vvho entring to reigne in the yeare 817. vvith great applause of al men for the excedinge grateful memory of his father vvas yet afterward at the poursuite principally of his owne three sonnes by his first wife which were Lothair pepin and Luys deposed first in a councel at Lions and then agayne at Compeigne and put into a monastery though afterward he came to reigne agayne and his fourth sonne by his secōd vvife vvhich sonne vvas named Gharles le chauue for that he vvas bald succeded him in the states of France though after many battels against his eldest brother Lothaire to whom by succession the same appertayned After Charles the balde succeded Luys the second surnamed le begue for his stuttering who was not eldest but third sonne vnto his father for the second dyed before his father the eldest vvas put by his succession for his euel demeanure this Luys also vvas like to haue bin depriued by the states at his first entrāce for the hatred conceaued against his father Charles the bald but that he calling a solemne parlament at Compeigne as Girard saith he made the people cleargie and nobilitie many faire promises to haue their good vvilles This Luys the stuttering left two bastard sonnes by a cōcubine vvho vvere called Luys and Carlomō as also he left a litle infant newly borne of his lawful vvife Adeltrude daughter to king Alfred of Ingland vvhich infant vvas king of France aftervvard by the name of Charles the simple albeit not immediatly after the death of his father for that the nobles of Frāce said that they had need of a man to be king not a childe as Girard reporteth therfore the vvhole state of France chose for their kinges the tvvo foresaid bastards Luys the third and Carlomon the first of that name ioyntly and they vvere crowned most solemnly deuided the vvhole realme betwene them in the yeare of Christ 881. and Queen Adeltrude vvith her childe true heyre of France fled into Ingland to her father and ther brought him vp for diuers yeares in which tyme she saw foure or fiue kinges reigne in his place in France one after the other for breflv thus it passed Of thes tvvo bastard kings the elder named Luys reigned but foure yeares died without issue the second that is Carlomon liued but one yeare after him and left a sonne called also Luys vvhich succeded in the kingdome by the name of Luys the fift and surnamed Faineant for his idle and slouth ful life For which as also for his vitious behaueour and in particuler for taking out and marying a Nōne of the Abbey of S. Baudour at Chells by Partis he vvas depriued and made a monke in the Abbey of S. Denys vvher he died and in his place vvas chosen king of France and crowned vvith great solemnitie Gharles the 4. Emperor of Rome surnamed le gros for that he vvas fat and corpulēt he vvas nephew to Charles the bald before mentioned and therfore the French stories say that he came to the crowne of France partly by succession and partly by election but for succession vve see that it vvas nothing worth for so muche as Charles the simple the right heyre was a liue in Ingland vvhom it semeth that the french men had quite forgotten seing that now they had not only excluded him three tymes already as you haue hard but afterwards also againe when this grosse Charles was for his euel gouermēt by them deposed and depriued not only of the kingdome of France but also of his Empire vvhich he had before he was kinge was brought into such miserable penurie as diuers write that he perished for wāt At this tyme I saye the states of France vvould not yet admitt Charles the simple though hither to his simplicity did not appeare but he seemed a goodly Prince but rather they chose for king one Odo Earle of Paris and Duke of Angiers and caused him to be crowned But yet after a few yeares being vveary of this mans gouerment and moued also some what with compassion towards the youth that vvas in Ingland they resolued to depose Odo and so they did vvhiles he vvas absent in Gascony and called Charles the simple out of Ingland to Paris and restored him to the kingdome of France leauing only to Odo for recompence the state of Aquitaine with title of a Duke wherwith in fine he contented himselfe seing that he could get no more But yet his posterity by vertue of this election pretended euer after a title to the crowne of France and neuer left it of vntil at length by Hugo Capetus they gat it for Hugh descended of this king and Duke Odo This king Charles then surnamed the simple an Inglish vvomans sonne as you haue hard being thus admitted to the crowne of France he toke to vvife an Inglish vvoman named Elgina or Ogin daughter of king Edward the elder by whom he had a sonne named Lewys and himselfe being a simple man as hath bin saide vvas allured to go to the castle of peronne in Picardie vvher he vvas made ptisoner and forced to resigne his kingdome vnto Rafe king of Burgundye and soone after he dyed through misery in the same castle and his Queene Ogin fled into Ingland vvith her litle sonne Luys vnto her vncle kinge Adelstan as Queene Adeltrude had done before vvith her sonne vnto king Alfred and one of the chiefe in this action for putting downe of the simple vvas Counte Hugh surnamed the great Earle of Paris father vnto Hugo Capetus vvhich after vvas king But this new king Rafe liued but three yeares after and then the states of France considering the right title of Luys the lawful child of
handle her tytle to the crowne of Ingland and the third dyd answer the booke of Ihon Knox the Scott intituled against the monstruous gouerment of women Of al vvhich three pointes for that the second that conserneth the tytle is that vvhich properly appertayneth to out purpose and for that the same is handled agayne and more largely in the second booke set out not longe after by Ihon lesley lord bishope of Rosse in Scotland vvho at that tyme was Embassador for the saide Queene of Scottes in Ingland and handled the same matter more abundantly vvhich M. Morgan had donne before hym I shal saye no more of this booke of M. Morgan but shal passe ouer to that of the bishope vvhich in this point of succession conteyneth also vvhat soeuer the other hath so as by declaring the contentes of the one vve shal come also to see vvhat is in the other The intent then of this book of the bishope of Rosse is to refute the other booke of Hales and Bacon and that especially in the two points before mentioned which they alleaged for their principles to witt about forrayne birth and king Henries testament And against the first of these two pointes the bishop alleageth many proofes that ther is no such maxima in the cōmon lawes of Ingland to disherit a prince borne out of the land from his or her right of succession that they haue by blood And this first for that the statute made for barring of alliens to inherit in Ingland vvhich was in the 25. yeare of the reigne of king Edward the third is only to be vnderstood of particuler mens inheritance and no wayes to be extended to the succession of the crowne as by comparison of many other like cases is declared and secondly for that ther is expresse exception in the same statute of the kings children and of spring and thirdly for that the practise hath alwayes bin contrary both before and after the conquest to vvit that diuers princes borne out of the realme haue succeded The other principle also concerning king Henryes testament the bishop impugneth first by diuers reasons incongruities vvherby it may be presumed that king Henry neuer made any such testament and if he did yet could it not hold in law And secondly also by vvitnes of the Lord Paget that was of the priuy councel in those dayes of Sir Edward Montague lord chiefe iustice and of one VVilliam Clark that set the kings stamp to the writing al which anowed before the councel and parlament in Queene Maryes tyme that the said testament vvas signed after the king vvas past sense and memory And finally the said bishop concludeth that the line of Scotland is the next euery way both in respect of the house of Lancaster and also of York for that they are next heyres to K. Henry the eight who by his father was heyre to the house of Lancaster and by his mother to the house of york But after these three bookes was vvritten a fourth by one Robart Highinton secretary in tyme past to the Earle of Northumberland a man wel read in storyes and especially of our coūtrey who is said to be dead some yeares past in Paris This man impugneth al three formet bookes in diuers principal points and draweth the crowne from both their pretendors I meane as wel from the house of Scotland as from that of Suffolk and first against the booke of Hales and Sir Nicholas Bacon writen as hath bin said in fauour of the house of Suffolk Heghington holdeth with the Bishop and Morgan that thes two principles layd by the other of forayne birth and of king Henries restament against the Scotish line are of no Validity as nether ther reasons for legitrimating of the Earle of Hartfords children vvhich afterward shal be handled And secondly he is against bothe Morgan the Bishop of Rosse also in diuers important points and in the very principal of al for that this man I meane Highington maketh the king of Spayne to be the next and most righful pretender by the house of Lancaster for proofe vvherof he holdeth first that king Henry the 7. had no title in deede to the crowne by Lācaster but only by the house of York that is to saye by his marriage of Queene Elizabeth elder daughter to king Edward the fourth for that albeit himselfe were discended by his mother from Iohn of Gaunt duke of Lancaster yet this vvas but by his third vvife Catherin Swynford and that the true heyres of Blanch his first vvife duches and heyre of Lācaster to whom sayth he apperteyned only the successiō after the death of king Henry the sixth and his sonne with whom ended the line male of that house remayned only in Portugal by the mariage of Lady Phillip daughter of the foresaid Blanch to kinge Ihon the first of Portugal that for as much as king Phillip of Spaine saith this man hath now succeded to al the righte of the kings of Portugal to him appertayneth also the only right succession of the house of Lancaster and that al the other discendents of king Henry the 7. are to pretend only by the title of Yorke I meane aswel the line of Scotland as also of Suffolk and Huntington for that in the house of Lancaster king Phillip is euidently before them al. Thus holdeth Heghington alleaginge diuers stories arguments and probabilities for the same then adioyneth two other propositions which do importe most of al to vvit that the title of the house of Lancaster was far better then that of York not for that Edmond Crokback first founder of the house of Lancaster vvho was sonne to king Henry the third and brother to king Edward the first was eldest to the said Edward and iniurioufly put back for his deformity in body as both the said bishop of Rosse and George Lylly do falsly hold and this man refuteth by many good arguments but for that lohn of Gaunt Duke of Lancaster being the eldest sonne that King Edward the third had a liue when he dyed should in right haue succeded in the crowne as this man holdeth and should haue bin preferred before Richard the second that was the black princes sonne vvho vvas a degree further of from king Edward the third his grandfather then vvas lohn of Gaunt to whom king Edward vvas father and by this occasion this man cometh to discusse at large the opinions of the lawyers vvhether the vncle or the nephew should be preferred in the succession of a crowne to vvit vvhether the yonger brother or the elder brothers sonne if his father be dead vvithout being seased of the same which is a point that in the ciuil law hath great disputation and many great authors on each side as this man sheweth and the matter also wanteth not examples on both pattes in the succession of diuets Inglish kings as our frend the ciuil lawyer did signifie also in his discourse
to Stephen countie Palatine of Bloys Champagne and Chartres in France and the other two Polidor saith dyed before they were marryed and so their names vvere not recorded These are the children of king William the Conqueror among whom after his death ther vvas much strife about the succession For first his eldest sonne duke Robert vvho by order of ancestrie by birthe should haue succeded him in al his estares was put back first from the kingdome of Ingland by his third brother William Rufus vppon a pretence of the Conquerors vvil and testament for perticuler affection that he had to this his said third sonne William though as Stow writeth almost al the nobility of Inglande vvere against Williās entrance But in the end agreement vvas made between the two brothers vvithe condition that if William should dye vvithout issue then that Robert should succed him and to this accord both the princes themselues and twelue principal peeres of ech side vvere sworne but yet after when VVilliam dyed vvithout issue this vvas not obserued but Henry the fourth sonne entred and depriued Robert not only of this his succession to Ingland but also of his dukedome of Normandie that he had enioyed peaceably before al the tyme of his brother Rufus and moreouer he toke him prisoner so caryed him into Ingland and ther kept him vntil his death which happened in the castle of Cardif in the yeare 1134. And vvhereas this Duke Robert had a goodly prince to this sonne named VVilliam who vvas duke of Normandy by his father earle of Flanders in the right of his grand mother that was the Cōquerors wife daughter of Baldwin Earle of Flanders as hath bin said and vvas established in both these states by the help of Lewys the 6. surnamed le gros king of France and admitted to do homage to hym for the saide states his vncle king Henry of Englād was so violent against him as first he draue him out of the state of Normandy and secondly he set vp and maynteyned a competitor or two against him in Flanders by whome finally he was slaine in the yeare of Christ 1128. before the towne of Alost by an arrow after he had gotten the vppet hand in the feild and so ended the race of the first sonne of king William the Conqueror to wit of duke Robert vvhich Robert liued after the death of his saide sonne and heyre duke VVilliam six yeares in prison in the castel of Cardife and pyned avvay vvith sorrow and miserie as both the Frenche and Inglishe histories do agree The second sonne of the Conqueror named Richard dyed as before hath bin sayde in his fathers tyme and left no issue at al as did neither the third sōne Williā Rufus though he reigned 13. yeares after his father the Conqueror in which tyme he established the successiō of the crowne by consent of the stares of Ingland to his elder brother duke Roberts issue as hath bin saide though afterward it was not obserued This Kinge Rufus came to the crowne principally by the help and fauour of Lanfrancus Archbishop of Canterbury who greatly repēted himselfe afterward of the error vvhich in that point he had committed vppō hope of his good gouerment which proued extreeme euel But this king William Rufus being slayne afterward by the error of a crosbow in newforest as is vvel knowne and this at such tyme as the foresaid duke Robert his elder brother to vvhom the crowne by succession apparteyned was absent in the vvarr of the holy land vvher according as most authors do vvrit he vvas chosen king of Hierusalem but refused it vppon hope of the kingdome of Ingland But he returning home foūde that his fowerth brother Henry partly by fayre promises and partly by force had inuaded the crowne in the yeare 1100. and so he reygned 35. yeares and had issue diuers sonnes and daughters but al vvere either drowned in the seas comming out of Normandie or els dyed otherwise before their father except only Mathildis vvho vvas first marryed to Henry the Emperor fift of that name and after his death without issue to Geffrey Platagenet duke of Anjow Tourayne and Mayne in France by whom she had Henry which reigned after king Stephen by the name of Henry the second and thus much of the sonnes of William the Conqueror Of his two daughters that lyued to be maryed and had issue the elder named Constance vvas maryed to Alayn fergat duke of Britanie vvho vvas sonne to Hoel earle of Nantes and vvas made duke of Britanie by VVilliam Cōquerors meanes in manner following Duke Robert of Normandy father to the Conqueror vvhen he went in pilgrimage vnto the holy land in which voyage he dyed left for gouernour of Normandy vnder the protection of king Henry the first of france duke Alayne the first of Britanie vvhich Allayn had issue Conan the first vvho being a stirringe prince of about 24. yeares old when duke VVilliam began to treat of passing ouer into Ingland he shewed himselfe not to fauour much that enterprise which duke VVilliam fearing caused him to be poysoned vvith a payre of perfumed gloues as the French stories do report and caused to be set vp in his place and made duke one Hoel earle of Nantes who to gratifie VVilliam sent his sonne Alaine surnamed Fergant with 5000. souldiars to passe ouer into Ingland vvith him and so he did VVilliam afterward in recompēce heer-of gaue him his eldest daughter Constantia in mariage vvith the earldome of Richmond by vvhom he had issue Conan the second surnamed le gros who had issue a sonne and a daughter The sonne vvas called Hoel as his grand father was and the daughters name was Bertha marryed to Eudo Earle of 〈◊〉 in Normandy for that this duke Conan liked better his daughter and his sonne in law her husband then he did Hoel his owne sonne he disauowed him in his death bedde and made his said daughter his heyre who had by the said Eudo a sonne named Conan surnamed the yonger which vvas the third duke of that name and this man had one only daughter and heyre named Lady Constance who whas marryed to the third sonne of king Henry the second named Geffrey elder brother to king Ihon that after came to rayne by this Lord Geffrey she had issue Arthur the second duke of Britanie whom king Iohn his vncle put back from the crowne of Ingland and caused to be put to death as after shal be shewed and he dying without issue his mother Constance duchesse heyre of Britanie marryed agayne vvith a prince of her owne house vvhom after vve shall name in the prosecution of this lyne and by him she had issue that hath indured vntil this day the last vvherof hitherto is the lady Isabella infanta of Spaine that other of Sauoy her sister whom by this meanes we se to haue
discended from king VVilliam the Cōqueror by his eldest daughter lady Cōstance as also by diuers other participations of the blood royal of Ingland as aftervvards vvil appeare Now then to come to the second daughter of king VVilliam the Conqueror or rather the third for that the first of al vvas a Nonne as before hath byn noted her name vvas Adela or Alis as hath bin saide and she vvas marryed in France to Stephen counte Palatin of Champagne Charters and Bloys by whom she had a sonne called also Stephen vvho by his grand mother was earle also of Bollayne in Picardie and after the death of his vncle king Henry of Ingland vvas by the fauour of the Inglish nobility and especially by the helpe of his owne brother the Lord Henry of Bloys that vvas Bishop of Winchester and iointly Abbot of Glastenbury made kinge of England and this both in respect that Mathilda daughter of king Henry the first was a woman and her sonne Henry duke of Anjou a very childe one degree farther of from the Conqueror and from kings Rufus then Stephen vvas as also for that this king Henry the first as hath bin signified before vvas iudged by many to haue entred vvrongfully vnto the crowne and therby to haue made both himselfe and his posterity incapable of succession by the violence vvhich he vsed against both his elder brother Robart and his nephew duke VVilliam that vvas sonne and heyte to Robert vvho by nature and law were bothe of them held for soueraintes to Iohn by those that fauored them and their pretentions But yet howsoeuer this were we see that the duke of Britany that liued at that day should euidently haue succeded before Stephen for that he was discended of the elder daughter of the Conqueror and Stephen of the yonger though Stephen by the commodity he had of the neernes of his porte and hauen of Bullayne vnto Ingland as the French stories do saye for Calys vvas of no importance at that tyme and by the frendship and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry and especially by the help of his brother the Bishop and Abbot as hath bin said he gat the start of al the rest and the states of Ingland admitted him This man although he had two sonnes namely Eustachius duke of Normandy and William earle of Norfolk yet left they no issue And his daughter Marie was maried to mathew of Fladers of whom if any issue remaines it fell afterward vppon the house of Austria that succeded in those states To king Stephen who left no issue succeded by compositiō after much warre Henry duke of Aniou sonne and heyre to Mathilda before named daughter of Henry the first which Henry named afterward the second tooke to wife Elenor daughter and heyre of VVilliam duke of Aquitaine earle of Poytiers which Elenor had bin marryed before to the king of France Lewis the 7. and bare him two daughters but vppon dislike conceaued by the one against the other they were deuorced vnder pretēce of being within the fowerth degree of consanguinitye and so by second marriage Elenor vvas vvife to this said Henry who afterward was king of Ingland by name of K. Henry the fecōd that procured the deathe of Thomas Becket archebishope of Canterbury and vvas both before and after the greatest enimye that euer Lewis the king of France had in the vvorld and much the greater for his marriage by vvhich Henry vvas made far stronger for by this woman he came to be duke of al Aquitaine that is of Gascony and Guyene and earle of al the coūtrey of Poytiers wheras beforealso by his fathers inheritance he vvas duke both of Anjou Tourayne and Mayne by his mother Mathilda king Henries daughter of Ingland he came to be king of Ingland duke of Normandie and by his owne industry he gat also to be lord of Ireland as also to bring Scotland vnder his homage so as he enlarged the kingdome of Ingland most of any other king before or after him This king Henry the second as Stow reconteth had by Lady Elenor fyue sonnes and three daughters His eldest sonne vvas named VVilliam that dyed yonge his seconde vvas Henry vvhom he caused to be crowned in his owne life tyme vvherby he receaued much trouble but in the end this sonne died before his father without issue His third sonne vvas Richard surnamed for his valour Cor de leon who reigned after his father by the name of Richard the first and died vvithout issue in the yeare of Christ 1199. Hys fovverth sonne named Geffrey maried lady Constance daughter and heyre of Britanie as before hath bin said and dying left a sonne by her named Arthur which vvas duke of Britanie after him and pretended also to be king of Ingland but vvas put by it by his vncle Iohn that tooke him also prisoner and kept him so in the castel first of fallaise in Normandie and then in Roan vntil he caused him to be put to death or slew him vvith his owne hands as Frēch stories vvrite in the yeare 1204. This duke Arthur left behind him two sisters as Stow writeth in his chronicles but others write that it was but one and at least wise I fynde but one named by the french stories which vvas Elenor whom they saye king Iohn also caused to be muthered in Ingland a a litle before her brother the duke vvas put to death in Normandie and this was the end of the issue of Geffrey whose vvife Constance duchesse of Britanie marryed againe after this murther of her children vnto one Guy Vicond of Touars and had by him two daughters wherof the eldest named Alis was duchefse of Britanie by vvhome the race hath bin continued vnto our tyme. The fift sonne of king Henry the second was named Iohn who after the death of his brother Richard by help of his mother Elenor and of Hubert Archbishop of Canterbury drawen therunto by his said mother gat to be king and put back his nephew Arthur vvhom king Richard before his departure to the war of the holy land had caused to be declared heyre apparent but Iohn preuayled and made away both nephew and Neece as before hath bin saide for which fact he vvas detested of many in the world abroade and in France by acte of parlament depriued of al the states he had in those partes Soone after also the pope gaue sentence of depriuation against him and his owne barons tooke armes to execute the sentence and finally they deposed both him and his yong sonne Henry being then but a child of 8. yeares old and this in the 18. yeare of his reigne and in the yeare of Christ 1215. and Levvis the 8. of that name prince at that tyme but afterward king of France was chosen king of Ingland sworne in Londō and
so as this is al that is needful to be spoken of the house of York in which vve see that the first and principal competitor is the king of Scots and after him Arbella and the children of the earles of Hartford and Darby are also competitors of the same house as discended by the daughter of the first brother Edward duke of Yorke and king of England and then the Earle of Huntington and his generation as also the Pooles Barringtons and others before named are or may be titlers of York as descended of George duke of Clarence second sonne of Richard duke of Yorke all vvhich issue yet seme to remayne only within the compasse of the house of Yorke for that by the former pedegre of the house of Lancaster it seemeth to the fauorets of this howse that none of these other cōpetitors are properly of the line of Lancaster for that king Henry the 7. comming only of Iohn of Gaunt by Catherin Swinford his third wife could haue no part in Lady Blanch that vvas only inheritour of that house as to these men seemeth euident Only then it remaineth for the ending of this chapter to explane some-what more clearly the discent of king Henry the 7. and of his issue for better vnderstanding vvhereof you must consider that king Henry the 7. being of the house of Lancaster in the manner that you haue heard and marrying Elizabeth the eldest daughter of the contrary house of Yorke did seeme to ioyne both houses together make an end of that bloody controuersie though others now wil say no but how soeuer that vvas vvhich after shal be examined cleere it is that he had by that mariage one only sonne that left issue and two daughters his sonne vvas king Henry the 8. vvho by three seueral wiues had three children that haue reigned after him to vvit king Edward the 6. by Queene Iane Seymer Queene Mary by Queene Catherine of Spaine and Queene Elizabeth by Queene Anne Bullen of al which three children no issue hath remayned so as now vve must returne to consider the issue of his daughters The eldest daughter of king Henry the 7. named Margaret vvas married by her first mariage to Iames the fourth king of Scots vvho had issue Iames the 5. he againe Lady mary late Queene of Scots and dowager of France put to death not long ago in Ingland vvho left issue Iames the 6. now king of Scots And by her second mariage the said Lady Margeret after the death of king Iames the 4. tooke for husband Archebald Duglas earle of Anguys in Scotland by whom she had one only daughter named Margeret which vvas married to Mathew Steward earle of Lenox and by him she had two sonnes to vvit Hēry Lord Darly and Charles Steward Henry marryed the foresaid Lady Mary Queene of Scotland vvas murthered in Edinbrough in the yeare 1566. as the world knoweth and Charles his brother marryed Elizabeth the daughter of Sir William Candish in Ingland by whom he had one only daughter yet liuing named Arbella an other competitor of the crowne of Ingland by the house of Yorke and this much of the first daughter of kinge Henry the 7. Mary the secōd daughter of king Henry the 7. yonger sister to king Henry the 8. vvas maried first to Lewis the 12. king of Frāce by whom she had no issue and afterward to Charles Brandon duke of Suffolk by whō she had two daughters to witt Frances and Elenor the lady Francis vvas marryed first to Henry Gray marques of Dorset after duke of Suffolk behedded by Queene mary and by him she had three daughters to vvit lane Catherine and Mary the lady Iane eldest of the three was married to L. Guylford Dudly sonne to Iohn Dudly late duke of Northumberland vvith whom I meane with her husband father in law she was beheaded soone after for being proclaymed Queene vppon the death of king Edward the fixt the lady Catherine second daughter maryed first the lord Henry Herbert earle of Penbroke and left by hym again she dyed afterward in the tower wher she vvas prisoner for hauing had two childrē by Edward Seymer earle of Hartford vvithout sufficient proofe that she vvas married vnto him and the tvvo children are yet liuing to vvit 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 vvilton and maryed after to Martin keyes gentleman porter yet hath she left no issue as far as I vnderstand This then is the end of the issue of Lady Francis first of the two daughters of Queene Mary of France by Charles Brandon duke of Suffolk for albeit the said lady Francis after the beheading of the said Henry Lord Gray duke of Suffolk her first husband married againe one Adrian Stokes her seruant had a sonne by him yet it liued not but dyed very soone after Now then to speak of the yonger daughter of the said Frenche Queene and duke named Elinor she vvas married to Henry Clifford Earle of Comberlād who had by her a daughter named Margaret that vvas married to Lord Henry Stanley earle of Darby by whom she hath a plentiful issue as Ferdinand now earle of Darby William Stanley Francis Stanley and others and this is al that needeth to be spoken of these discents of our Inglish kings princes peeres or competitors to the crowne for this place and therfore now it resteth only that vve begin to examine what different pretentions are framed by diuers parties vppon these dissents and genealogies vvhich is the principal point of this our discourse OF THE GREAT AND GENERALL CONTROVERSIE AND CONTENTION BETVVEENE the two houses royal of Lancaster and York and which of them may seeme to haue had the better right to the crowne by way of succession CAP. IIII. AND first of al before I do descend to treat in particuler of the different pretences of seueral persons and families that haue issued out of these two royal linages of Lancaster and Yorke it shal perhaps not be amisse to discusse with some attention what is or hath or may be said on both sides for the general controuersie that lyeth betweene them yet vndescided in many mens opinions notwithstanding their hath bin so much sturr about the same not only writing and disputing but also fighting and murthering for many yeares And truly if we looke into diuers histories recordes and authors vvhich haue written of this matter vve shal find that euery one of them speaketh commonly according to the tyme wherin they liued for that al such as wrote in the tyme of the three Henries fourth fift and sixt kings of the house of Lancaster they make the title of Lancaster very cleare and vndoubted but such others as wrote since that tyme 〈◊〉 the house of Yorke hath held the scepter they haue spoken in far different manner as namely
noted in the puritan and made them far more egar in defence of their cause according to the saying nitimur in vetitum semper and as a litle brook or ryuer though it be but shalow and tunne neuer so quiet of it selfe yet if many barres and stoppes be made therin it swelleth and riseth to a greater force euen so it seemeth that it hath happened heere wher also the sight remembrāce of so many of their Seminary preistes put to death for their religion as they accompt it hath wrought great impression in their hartes as also the notice they haue receaued of so many colleges and Inglish Seminaries remayning yet and set vp of new both in Flanders France Italie and Spayne for making of other preistes in place of the executed doth greatly animate them holdeth them in hope of continuing still their cause and this at home As for abroade it is easie to consider vvhat their party and confidence is or may be not only by the Inglish that liue in exile and haue their frends and kynred at home but also principally by the affection of forrayne Princes states to fauour their religion whose portes townes and prouinces lye neere vppon Ingland rounde about for such a tyme and purpose could not want commoditie to giue succor vvhich being vveighed together vvith the knowne inclination that way of Ireland and the late declaration made by so many of the Scotish nobility and gentlemen also to fauour that cause all these poyntes I saye put together must needes persuade vs that this body is also great and stronge and like to beare no smale sway in the decyding of this controuersie for the crowne when tyme shal offer it selfe for the same And so much the more for that it is not yet knowne that these are determined vppon any one person whom they vvill follow in that action nor as it semeth are they much inclined to any one of the pretenders in particuler wherin it is thought that the other two partyes either are or may be deuided among themselues and each parte also within it selfe for that so different persons of those religions do stand for it but rather it is thought that these other of the Roman religion do remayne very indifferent to follow any one that shal be set vp for their religion and is lykest to restore and mayntayne the same be he strainger or domestical which determination and vnion in general among themselues if they hold it still and the earle of Darby haue the difference of titles that before hath bin seene and each one his particuler reasons why he ought to be preferred before the other and for their other abilities and possibilities they are also different but yet in one thing both Lords seeme to be like that being both of the blood royal they are thought to haue abased themselues much by their marriages with the two knightes daughters S. Richard Rogers and S. Iohin Spenfer though otherwise both of them very vvorship ful but not their matches in respect of their kinred with the crowne yet doth the alliance of S. Iohn Spenser seeme to bringe many more frends with it then that of S. Richard Rogers by reason of the other daughters of S. Iohn vvel married also to persons of importance as namely the one to S. Georg Catey gouernour of the he of Wight vvho bringeth in also the Lord Hunsdon his father Captaine of Barwick tvvo of the most important peeces that Ingland hath And for that the said Lord Hunsdon and the Lady knowles disceased were brother and sister and both of them children to the Lady Mary Bullen elder sister to Queene Anne here of it cometh that this alliance with S. George Carey may draw after it also the said house of knowles who are many and of much importance as also it may do the husbandes of the other daughters of S. Iohn Spencer with their ahd erents and followers which are nether few nor feeble al which wanteth in the marriage of the Lord Beacham An other difference also in the ability of these two Lords is that the house of Seymers in state and title of nobility is much yonger then the house of Stanleys for that Edward Seymer late earle of Hartford and after duke of Somerset was the first beginner therof who being cut of together with his brother the Admiral so soone as they were could not so setle the saide house especially in the alliance with the residue of the nobilitie as otherwise they would and might haue done But now as it remayneth I do not remember any allyance of that house of any great moment except it be the childrē of S. Hēry Seimer of Hamshire and of S. Edward Seymer of Bery Pomery in Deuonshite if he haue any and of S. Iohn Smith of Essex whose mother vvas sister to the late duke of Somerset or finally the alliance that the late marriage of the earle of Hartford with the Lady Francis Haward may bring with it which cannot be much for so great a purpose as we talke of But the earle of Darby on the other side is very strōgly honorably allied both by father and mother for by his father not to speake of the Stanleys which are many and of good power and one of them matched in the house of Northumberland his said father the old earle had three sisters al wel married and al haue left children and heyres of the houses wherin they were married for the elder vvas married first to the Lord Sturton and after to S. Iohn Arundel and of both houses hath left heyres male The seconde sister vvas married to the Lord Morley by whom she hath left the Lord that now is vvho in lyke manner hath mached vvith the heyre of the Lord Montegle vvho is likevvise a Stanley And finally the third sister vvas married to S. Nicholas Poynes of Glocestershire and by him had a sonne and heyre that yet liueth And this by his fathers side but no lesse alliance hath this earle also by the side of his mother vvho being daughter of George Cliford earle of Cumberland by Lady Eleanor neece of king Henry the seuenth the said Lord George had afterward by a second wife that was daughter of the Lord Dacres of the North both the earle of Cumberland that now is and the Lady wharton who hereby are brother and sister of the halfe blood to the said Countesse of Darby and the Dacres are their Vncles Besides al this the states and posfessions of the two forsaide Lordes are far different for the purposse pretended for that the state of the earle of Hartford is far inferior both for greatnes situation wealth multitude of subiects the like for of that of the Stanleys doth depend the most part of the shires of Lancaster and Chester and a good parte of the North of Wales at least wise by way of obseruance and affection as also the I le of man is
he approueth also the same in other realmes vvhen iust occasions are offred either for his seruice the good of the people and realme or els for punishment of the sinnes and wickednes of some princes that the ordinary line of succession be altred Now then to passe on further and to begyn with the kingdomes of Spayne supposing euer this ground of Gods ordenance as hath bin declared first I say that Spayne hath had three or foure races or discents of kings as France also and Ingland haue had and the first race was from the Gothes which began their raigne in Spayne after the expulsion of the Romans about the yeare of Christ 416. to whō the Spaniard referreth al his old nobility as the french man doth to the German Franckes and the Inglish to the Saxons which entred France and Ingland in the very same age that the other did Spayne the race of Gothysh kynges indured by the space of 300. years vntil Spayne was lost vnto the Moores The second race is from Don Pelayo that was chosen first king of Asturias and of the mountayne countrey of Spaine after the distruction therof by the Mootes about the yeare of Christ 〈◊〉 as before hath bin touched which race contynewed increased added kingdome vnto kingdome for the space of other three hundred yeares to wit vntil the yeare of Christ 1034. when Don Sancho may or king of Nauarra at vnto his power the Earldome also of Aragon and Castilia and made them kingdomes and deuided them among his children and to his second sonne named Don Fernando surnamed afterward the great he gaue not only the said Earldome of Castilia with title of kingdome but by mariynge also of the sister of Don Dermudo king of Leon and Asturias he ioyned al those kingdomes together so began from that day forward the third race of the kings of Nauar to reigne in Castel and so indured for syuehundred yeares vntil the yeare of Christ 1540. whē the house of Austria entred to reigne ther by mariage of the daughter and heyre of Don Ferdinando surnamed the Catholique and this was the fourth race of Spanish kings after the Romans which endureth vntil this day And albeit in al thes foure races and ranckes of royal discents diuers exāples might be alleaged for manifest proofe of my purpose yet wil I not deale whith the first race for that it is euident by the councels of Toledo before alleaged which were holden in that very time that in those dayes expresse election was ioyned with succession as by the deposition of king Suintila and putting back of al his children as also by the election approbation of king Sisinando that was further of by succession hath bin insinuated before in the fyft councel of that age in Toledo it is decreed expresly in these wordes Si quis talia meditatus fuerit talking of pretending to be king quem nec electio omnium perficit nec Gothicae gentis nobilitas ad hunc honoris apicem trahit sit consortio Catholicorum priuatus diuino anathemate condemnatus If any man shal imagin said thes fathers or go about to aspire to the kingdome whom the election choise of al the 〈◊〉 doth not make perfect not the nobility of the Gotish nation doth draw to the height of this dignity let him be depriued of al Catholique society and damned by the curse of almighty God by which woords is insinuated that not only the nobility of Gotish blood or neernes by succession was required for the making of ther king but much more the choise or admission of al the realme wherin this councel putteth the perfection of his title The like determinatiō was made in an other councel at the same place before this that I haue alleaged the vvordes are these Nullus apud nos presumptione regnum arripiat sed defuncto in pace principe optimates gentis cum sacerdotibus successorem regni communi concilio constituant Which in Inglish is thus let no man with vs snatche the kingdome by presumption but the former Prince being dead in peace let the nobility of the nation together with the Priests and cleargie appoint the successor of the kingdome by common councel which is as much to say as if he had said let no man enter vppon the kingdome by presumption of succession alone but let the Lords temporal and spiritual by common voice see vvhat is best for the vveal publique Now then according to thes ancient decrees albeit in the second race of Don Pelayo the law of succession by propinquity of blood was renewed and much more established then before as the ancient bishop of Tuys and Molina and other spanish vvriters do testifie yet that the next in blood was oftentymes put back by the common wealth vppon iust causes thes examples following shal testifie as breefly recoūted as I can possibly Don Pelayo died in the yeare of our Lord 737. and left a sonne named Don Fauila who vvas king after his father and reigned two yeares only After whos death none of his children were admited for king thoughe he left diuers as al writers do testifie But as Don Lucas the Bishop of Tuy a very ancient author vvriteth Aldefonsus Catholicus ab vniuer so populo Gothorum eligitur that is as the chronicler Moralis doth translat in spanish Don Alonso surnamed the Catholique was chosen to be king by al voices of the Gotish nation This Don Alonso was sonne in law to the former king Fauila as Morales sayeth for that he had his daughter Erneenesenda in mariage he was preferred before the kings owne sonnes only for that they were yonge vn-able to gouerne as the said historiographer restifyeth And how wel this fel out for the cōmon wealth and how excellent a king this Don Alonso proued Morales sheweth at large from the tenth chapter of his thirteenth booke vntil the 17. and Sebastianus Bishop of Salamança that liued in the same tyme writeth that of his valiant acts he was surnamed the great To this famons Don Alonso succeded his sonne Don Fruela the first of that name who was a noble king for 10. yeares space and had diuers excellent victories against the Moores but afterward declining to tyrannie he became hate ful to his subiects and for that he put to death wrongfully his owne brother Don Vimerano a Prince of excellent partes and rarely beloued of the Spaniards he was him selfe put downe and put to death by them in the yeare of Christ 768. And albeit this kyng left two goodly children behinde him which were lawfully begotten vppō his Queene Dona Munia the one of them a sonne called Don Alonso the other a daughter called Dona Ximea yet for the hatred conceaued against ther father neyther of them was admitted by the realme to succede him but rather his cosen german named Don Aurelio
by confirmation of the commō wealth they were made lawful vvithout controuersie Fiftly they say that if we consider the fowre king Heuryes that haue bin of the house of Lancaster to vvit the 4. 5. 6. and 7. and do compare thē vvith the other fower that haue bin of the house of York to wit Edward the fourth Richard the third Henry the eight Edward the sixt al their acts both at home abroade vvhat quietnes or troobles haue passed what the common wealth of Ingland hath gotten or lost vnder each of them vve shal finde that God hath seemed to prosper and allow much more of those of Lancaster then of those of Yorke for that vnder those of Lancaster the realme hath enioyed much more peace and gayned far greater honor and enlarged more the dominions of the crowne then vnder those of Yorke and that it had done also much more if the seditions rebellions and troobles raysed and brought in by the princes of the house of Yorke had not hindered the same as saye these men it vvas euidently seene in the tyme of king Henry the sixt when their contention against the princes of the house of Lancaster vvas the principal cause vvhy al the English states in France vvere lost and what garboiles and troubles at home haue ensued afterwards and how infinite murthers and man slaughters vvith chainge of nobility haue bin caused hereby and increased aftervvard vnder the gouerment and rule of the princes of Yorke neadeth not say these men to be declared One thing only they note in particuler vvhich I vvil not omit and let it be the sixt note and that is that the princes of Yorke haue not only bin rigorous and very bloody vnto their aduersaires but also among themselues and to their owne kynred vvhich these men take to be a iust punishment of God vppon them And for proofe heerof they alleage first the testimonie of Polydor vvho albeit he vvere a great aduocat of the house of Yorke as before hath bin noted for that he liued and vvrote his story vnder king Henry the eight yet in one place he breaketh foorth into these wordes of the princes of this house Cum non haberent iam inimicos in quos soeuitiam explerent saturarent in semetipsos crudelitatem exercuerunt proprioque sanguine suas pollure manus When these princes now had brought to destruction al those of the house of Lancaster so as they had no more enimyes vppon vvhom to fill and satiat their crueltie then began they to exercise their fiersnes vppon themselues and to embrevv their handes with their owne blood thus far Polidor Secondly they do shew the same by the deedes of both sides for that the loue vnion trust confidence fayth fulnes kyndnes and loyaltie of the princes of Lancaster the one tovvardes the other is singuler and notorious as may appeare by the acts and studious endeuours of the lord Henry bishop of Winchester and Cardinal and of the lord Thomas duke of Excester and marques of Dorset brothers of king Henry the fourth to vvhom and to his children they were most faythfull frendly and loyal as also by the noble proceedings of the lordes Thomas duke of Clarence Iohn duke of Bedford and Humfrey duke of Glocester sonnes of the foresaid Henry the fourth and brothers of king Henry the fist the first of vvhich three gaue his blood in his seruice the other two spent their whole liues in defence of the dignity of the Inglish crowne the one as regent of France the other as protector of Ingland by the worthy acts also and renomed fayth fulnes of the dukes of Somerset cosen germans to the said king Henry the fourth and to his children and the proper ancestors of king Henry the seuenth al vvhich dukes of Somerset of the house of Lancaster being fiue or six in number did not only as Polydor sayeth assist and helpe their soueraine and the vvhole realme Vigilijs curis pcriculis that is to saye with watchfulnes cares and offering themselues to dangers but also fower of them one after an other to with Edmond with his three sonnes Henry Edmond and Iohn wherof two successiuely after him vvere dukes of Somerset and the other marques dorset were al fower I say as so many Machabyes slayne in the defence of their country and family by the other factiō of the house of Yorke which thing say these men shewed euidently both a maruelous confidence that these men had in their quarrel as also a great blessing of God towards that familie that they had such loue and vnion among them selues But now in the house of Yorke these men endeuour to shew al the contrary to witt that there vvas nothing els but suspition hatred emulations among themselues and extreme crueltie of one against the other and so vve see that as soone almost as Edward duke of Yorke came to be king George duke of Clarence his yonger brother conspired against him did help to driue him out againe both from the realme and crowne In recompence vvherof his said elder brother afterward notwithstanding al the reconciliation and many othes that passed betweene them of new loue and vnion caused him vppon new grudges to be taken murthered priuily at Calis as al the world knoweth And after both their deathes Richard their third brother murthered the two sonnes of his said elder brother and kept in prison vvhiles he liued the sonne and heyre of his second brother I meane the yong earle of Warwick though he were but a very child vvhom king Henry the seuenth aftervvard put to death But king Henry the eight that succeded them passed al the rest in crueltie toward his owne kynred for he weeded out almost al that euer he could finde of the blood royal of York and this either for emulation or causes of meere suspicion only For first of al he behedded Edmond de la Pole duke of Suffolk sonne of his owne aunt lady Elizabeth that was sister to king Edward the fourth vvhich Edward vvas grand father to king Henry as is euident The like distruction king Henry vvent about to bring to Richard de la Pole brother to the said Edmond if he had not escaped his handes by flying the realme whom yet he neuer ceased to pursue vntil he vvas slayne in the battel of Pauia in seruice of the king of Frāce by whose death vvas extinguished the noble house of the de la Poles Agayne the said king Henry put to death Edward duke of Buckingham high constable of Ingland the sonne of his great Aunt sister to the Queene Elizabeth his grādmother and therby ouerthew also that vvorthy house of Buckingham after againe he put to death his cosen germaine Henry Courtney marques of Excester sonne of the lady Catherin his Aūt that vvas daughter of king Edward the fourth and attainted iointly vvith him his
stoppe is alleaged diuersly by competitors of diuers religions for that such as are followers and fauoures of the forme of religion receaued and defended by publique authoritie of Ingland at this daye vvhom for distinction sake men are vvont to call by the name of moderate protestants these I saye do vrge this exclusion against the earle of Huntington not vppō any certaine law or statute extant against the same but ab aeqno bono as men are vvont to say and by reason of state shewing infinite inconueniences hurts damages and dangers that must needes ensew not only to the state present of religion in Inglād but also to the whole realme and body politike if such a man should be admitted to gouerne And this consideration of state in their opinion is a more forceable argument for excluding such a man then any statute or particuler law against him could be for that this comprehendeth the very intention meaning and drift of al lawes and lawmakers of our realme vvhose intēsions must needes be presumed to haue bin in al tymes to haue excluded so great and manifest incoueniences thus say they But now those that are of the Roman religion and contrary both to puritan and protetestant do vrge a great deale further this argument against the earle and do alleage many lawes ordinances decrees and statutes both of the Canon and imperial lawes as also out of the old lawes of Ingland vvhich in their opinion do debarr al that are not of their religion and consequently they would hereby exclude both the one and the other of these pretendēts And in fine they do conclude that seing their vvanteth not also some of their owne religion called by them the Catholique in the house of Clarence they haue so much the lesse difficultie to exclude the earle of Huntingtons person for his religion if one of that house were to be admitted of necessitie And this is so much as seemeth needful to be spoken at this tyme and in this place of this house of Clarēce and of the pretenders therof It resteth then that I treate something also of the house of Britanie and France which tvvo houses are ioyned al in one for so much as may apperteyne to any inheritance or pretence to Ingland or vnto any parcel or particuler state therof at home or abroade that may follow the succession or right of women vvhich the kingdome of Frāce in it selfdoth not as is knowne and consequently a vvoman may be heire to the one vvithout the other that is to say she maye be heyre to some particuler states of France inheritable by women though not to the crowne it selfe and so do pretende to be the tvvo daughters of Frāce that were sisters to the late king Hēry the third which daughters were married the one to the king of Spaine that now is by whom he had issue the Infanta of spayne yet vnmarried and her yonger sister married to the duke of Sauoy and the other to vvit the yonger daughter of the king of France vvas married to the duke of Loraine yet liuing by whom she had the prince of Lorayne other children that liue at this day This then being so cleere as it is first that according to the common course of succession in Ingland and other countries and according to the course of all common law the Infanta of Spaine should inherite the whole kingdome of France and al other states therunto belonging she being the daughter and heyre of the eldest daughter of king Henry the second king of France whose issue male of the direct line is vvholy now ended but yet for that the French do pretend their law Salik to exclude vvomen which we Inglish haue euer denied to be good vntil now hereby commeth it to passe that the king of Nauarr pretendeth to enter to be preferred before the said Infanta or her sisters children though male by a collateral line But yet her fauourers say I meane those of the Infanta that from the dukedomes of Britanie Aquitaine and the like that came to the crowne of France by women and are inheritable by womē she cannot be in right debarred as neyther from any succession or pretence in Ingland if either by the blood royal of France Britanie Aquitaine or of Ingland it selfe it may be proued that she hath any interest therunto as her said fauourers do affirme that she hath by these reasons following First for that she is of the ancient blood royal of Ingland euen from the conquest by the elder daughter of William the conqueror married to Allayne Fergant duke of Britanie as hath bin shewed before in the second chapter and other places of this conference and of this pointe they inferr two or three consequences First that vvhen the sonnes of the Conqueror vvere dead without issue or made vncapable of the crowne as it vvas presumed at least wife of king Henry the first last sonne of the Conqueror that he lost his right for the violence vsed to his elder brother Robert and vnto William the said Roberts sonne heyte then say these men ought the said duchesse of Britanie to haue entred as eldest sister And secondly they saye that when duke Robert that both by right of birth and by expresse agrement with William Rufus and with the Realme of Ingland should haue succeded next after the said Rufus came to dye in prison the said lady Constance should haue succeded him for that his brother Henry being culpable of his death could not in right be his heyre And thirdly they say that at least vvise after the death of the said king Henry the first she and her sonne I meane lady Constance and Conan duke of Britanie should haue entred before king Stephen vvho was borne of Adela the yonger daughter of William Conqueror Secondly they do alleage that the Infanta of Spayne descēdeth also lineally from lady Eleanor eldest daughter of king Henry the second married to king Alonso the nynthe of that name king of Castile vvhose eldest daughter leesing by this forfeit al right he had in the kingdome of Ingland it followeth that the same should haue gone to his said sister by her to this lady Blanch her heyre and eldest daughter married into france as hath bin saide which forfeit also of king Iohn these men do confirme by his depriuation by the Pope that soone after ensewed as also by an other depriuation made by the Barrons of his realme as after shal be touched Further more they saye that when Arthur duke of Britanie whom to this effect they do hold to haue bin the only true heyre at that tyme to the kingdome of Ingland vvas in prison in the castle of Roan suspecting that he should be murthred by his said vncle K. Iohn he nominated this lady Blanch his cosen germanie to be his heyre persuading himselfe that she by the helpe of her husband prince Lewis of
France and her father the king of spaine should be better able to defend and recouer his or her right to the crowne of Ingland then Eleanor his owne sister should be who vvas also in the handes of his said vncle for that he supposed that she also should be made away by him shortly after as in deede the french chronicle affirmeth that she vvas and howsoeuer this matter of duke Arthurs testament were yet certaine it is that vvhen he and his sister vvere put to death the next in kynne that could succeede them in their right to Ingland vvas this lady Blanch and her mother Queene Elenor that was sister to Arthurs father Geffrey duke of Britanie For that king Iohn their vncle was presumed by al men to be vncapable of their inheritance by his putting of them to death and child yet he had none and this is the second pointe that these men do deduce for the lady Infanta of Spayne by the title of Queence Eleanor and her daughter Blanch to whom the Infanta is next heyre A third interest also the same men do deriue to the Infanta by the actual deposition of king Iohn by the Barons and states of his Realme in the 16. yeare of his reigne and by the election and actual admission of Lewis prince of Frāce husband of the foresaid lady Blanch whom they chose with one consent and admitted and swore him fealtic and obedience in London for him and for his heyres and posteritie in the yeare 1217. and gaue him possession of the said citie and Tower of London and of many other cheefe places of the realme albeit afterwatd the most parte of the realme chainged their myndes agayne vppon the suddaine death of the said king Iohn and chose and admitted his yong sonne Henry the third a child of nync yeares old yet do the fauourers of the Infanta say that their remayneth to her as heyre vnto the said Lewis vntil this day that interest which by this election oth and admission of the realme remained vnto this prince Lewis which these men affirme to be the very like case as was that of Hugo Capetus in France who came to be king especially vppon a certayne title that one of his ancestors named Odo earle of Parris had by being once elected king of France and admitted and sworne though afterward he were deposed agayne and yong Charles surnamed the simple was admitted in his place as Henry the third was in England after the election of this Lewis But yet as the other continued euer his right and clayme vntil it was restored to Hugo Capetus one of his race so say these men may this Infanta cōtinew and renew now the demaund of this right of king Lewis her ancester for that titles and interestes to kingdomes once rightly gotten do neuer dye but remaine euer for the posterity to effectuate when they can thus much of this matter But after this againe these men do shew how that the said Infanta of Spayne doth discende also from Henry the third sonne of king Iohn by the dukes of Britanie as before in the secōd chapter hath bin declared and in the arbor and genealogie following in the end of this conference shal be seene for that king Henry besides his two sonnes Edward and Edmond which were the beginners of the two houses of Yorke and Lancaster had also a daughter named Lady Beatrix married to Iohn the second of that name duke of Britanie and by him she had Arthur the second and so lineally from him haue descended the princes of that house vntil theire vnion with the crowne of France and from thence vnto this lady Infanta of Spayne that now is who taketh herselfe for proper heyre of the said house of Britanie and heyre general of France as hath bin said By this third coniunction then of the house of Britanie with the blood royal of Ingland the frendes of the Infanta do argue in this manner that seing she discendeth of the sister of these two brothers which were the heades of the two opposite houses of Lancaster and Yorke and considering that each of these houses hath oftentymes bin attainted excluded from the succession by sondry actes of parlament and at this present are opposite and at contention among themselues why may not this right of both houses say these men by way of composition peace and comprimise at least be passed ouer to the issue of their sister vvhich resteth in the Infanta Agayne they saye that al these three branches of the lines of Inglish kings to wit by the lady Constance daughter of king William Conqueror by the lady Elenor daughter of king Henry the second and by the lady Beatrix daughter of king Henry the third it is euidēt that this lady the infanta of Spaine is of the true and ancient blood royal of Ingland and that diuers wayes she may haue clayme to the same vvhich being graunted they inferr that seing matters are so doubtful at this day about the next lawful succession and that diuers of the pretendores are excluded some for bastardie some other for religion some for vnaptnes to gouerne and some for other causes seing the common wealth hath such authoritie to dispose in this affaire as before the Ciuil lawyer hath declared why may there not consideration be had among other pretenders of this noble princesse also saie these men especially seing she is vnmarried and may therby cōmodate many matters and salue many breaches satisfie many hopes and giue contentment to many desires as the vvorld knoweth And this is in effect as much as I haue hard alleaged hitherto in fauour of the Infanta of Spayne but against this pretence others do produce diuers arguments and obiections as first of al that these her clayme 's be very old and vvorne out and are but collateral by sisters Secondly that she is a stranger and allien borne Thirdly that her religion is cōtrary to the state vnto al which obiections the fauourers aforesaid do make their answeres and to the first they say that antiquity hutteth not the goodnes of a title vvhen occasion is offred to aduāce the same especially in titles apperteyning to kingdomes which commonly are neuer presumed to dye as hath bin 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 lynes do eyther fayle or are to be excluded for other iust respects as in our case they hold that it happeneth And as for the second pointe of forraine birth they saye there hath bin sufficient answered before in treating of the house of Scotland that in rigor it is no barr by intention of any Inglish law yet whether in reasō of state politique gouerment it may be a iust impedimēt or no it shal after be handled more al large vvhen we come to treat of the house of Portugal
to king Richard The title of Yorke is by a VVomā Stovv in vit Henrici 5 au 3. regni The earle of Cambrige executed for conspiracy An obiection for Yorke that Edmond Mortymer vvas declared heyre apparent Polydor l. 20. Stovv in vit Rich. 〈◊〉 an 1385 Hollings-head in vit Rich. 2. pag. 1088. Stovv an 1382. Polydor li. 20. an 1394. The cause of hatred be rvveeue king Richard and the house of Lancaster Iohn frosard in histo Polydor. Hollings Stovv in vita 〈◊〉 2 Tho vvassing in vit Richardi 2. pag. 341. 344. Iohn Fros sard in vit Hēri VVhy Ro ger Mortimer vvas declared heyre apparent Hollings in vit Richard 3. pag. 1406. in vit Edvvard 6. pa. 1715 The declaration of king Edvvard 6. in fauour of the Lady Iane Gray Girard de Haillan l. 15. his Fran. initio VVhether vncles or nephevves to be preferred in Succession Barthol in 〈◊〉 〈◊〉 C. 〈◊〉 〈◊〉 〈◊〉 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the 〈◊〉 〈◊〉 And example of the vncle before the nephevv in spayne Garibay li. 13 cap. 14 and 1276. An other example in France and Flanders Polidor l. 25. in vit 〈◊〉 3. An other example of Britanny Supra c. 2 An other example in Scotland The conuentiō of the houses of Balliol Bruse in Scotland 8. Examples in Inglād 〈◊〉 head in vit Regis 〈◊〉 〈◊〉 142. Hovv Arthur duke of Britanny vvas declared 〈◊〉 apparent 〈◊〉 1. 14 〈◊〉 in vit Richar 〈◊〉 〈◊〉 420. 2. 3. Hollingli in vit Richar 〈◊〉 pag. 496. 499. 4. Hollingshead pag. 540. VValsing in ypodig Neustriss Opinions of lavvyers for the nephevv vncle Benedict Cap. Ranutius verb in eodem testam Baldus in lib. vt in test cap. de suis leg hered per. li. vnicam pro 20. sui autē nouissimo Touching the common lavv of Ingland Different rules in successiō of the crovvne and of other inheritances The common lavv grounded in custome Ancient lavvyers that defended the house of Lancaster Holling 〈◊〉 vit Hēric 6. pag. 〈◊〉 00. The summe of this controuersie repeated 1. 2. 3. Other arguments of Lancaster Stovv in vita Henrici 5. pag. 587. The princes of Yorke often attained Stovv in vita Henrici 6. 2. Yorke entred by violence Stovv in fine vit 〈◊〉 6. 3. The house of Yorke put dovvne a holy king 4. Long pos sessions of the house of Lancaster 5. The difference of kings of both houses 6. The princes of Yorke cruel one to the other Polydor virg hist. Anglie lib. 24. Great vnion faythfulnes of the princes of Lancaster Polyd. lib. 23. Diffentions in the house of Yorke King Edvvard 4. King Richard 3. King Hēry 3. hovv many he put to death of his ovvne kynred The de la pooles The house of Buckingam The house of Courtneis The house of Salisbury Seymers put to death Queene of Scots 7. No old noble house standing in Inglād but such as tooke parte vvith Lācaster Siue ancient noble hovvses Arondel Oxford Northum berland VVestmerland Shrevvsbury Houses that fauo red York deftroyed The Mon braies The de la Pooles The house of Salesbury VVarvvicke King 〈◊〉 the 7. crovvned in the fild in respect of the house of Lancaster only thoughe his tytle that vvay vvas not great A diuisiō of the families that do precend Of the house of Scotland Arbella In fauour of the king of Scots 1. 2. 3. Argumēt against the king of Scots 1. The king of Scots not of the house of Lancaster 2. The king of Scots foraine botne The controuersie about somayne 〈◊〉 Movv strāgers may inherite Reasons vvhy the statute toucheth not our case The crovvne not holdē by allegeance The king of Scots excluded by the starute of association Other cōsideratiōs against the King of Scots Ioyning of Inglād and Scotland together 1. Polydor. lib. 17. in vit Edvvardi primi 3. Inconueniences of bringing strāgers into Ingland A consideration of importance Polydot hist. Ang. l. s. 9. Example of Spaine Garibay l. 20 c 42. An Dn̄i 1207. Example out of Portugal Garibay l. 34. c. 38. An. Dn̄i 1383. Stovv pa. 54. 59. 95. 76. Of the religion of Scotland Of the title of lady Arbella 1. 2. An Inglish vvoman Against Arbella 1. Not of the house of Lancaster 2. The testa ment of king Hēry 3. The coun tesse of darby neerer by a degree Illegitimation by bastardye The testimonie of the lord Vvillian hovvard Other reasons of state against Arbella Gouerment if vvomen Bolyd l. 12 Garibay li. 〈◊〉 c. 41 The issue of Charles Brandon Issue of lady Fran cis Stovv an 7. Edon 6 The issue of the L. Catherin The issue of L. Eleanor Allegations of the houses of Darby hartford the one against the other Charles Brandon had a vvyse a lyue First bastardie against the issue of hartford Stovv in vita Edvvard An. 〈◊〉 2. Bastardie 3. Bastardie The fourth be 〈◊〉 cōmon to both famines of Suffolk The ansvvere of those of hartford to the foresaid bastardies Of the marriage betvveen the earle of hartford and the L. Catherin Gray Concil Trid. Sess. 24. cap. 1. Hovv the second sonne of the earie of hart ford mav be legitimate Allegations of the house of Darby VVhy the earle of Huntingtōs house is said to be of the house of Clarence Issue of the house of Clarence Issue of S. Geffrey Poole The interest pretēce of the earle of Huntington Obiectiōns against the earle of Huntington 1. 2. Attainders in the house of Huntington Restitution may be in blood vvithout restitutiō of dignitie The pretence of the Pooles against Huntington Obiectiō of Religion The house of Britanie The course of inheritan ce in the crovvne of Frāce First pretence of the Infan ta to Ingland 1. 2. Polydor. in vita Guliel Rufi 3. Second pretence of the Infanta of Spaine 3. Pretence by Arthur duke of Britanie Belforest I. 3. cap. 71 hist. Fran. Electiō of Levvys the 8. to be King of Inglād Polydor. l. 15. hist. Angl. Holling Stovv in vita Ioannis Belfor li. 〈◊〉 cap. 67. Girard li. histor 〈◊〉 〈◊〉 〈◊〉 france Pretence by dissent from Hēry the third Admissiō by composition Obiectiōs against the Infan tas pretence The princes of Portugal are of the house of Lācaster The issue of lady Phillip Queene of Portugal Issue of Iohn of Gaunt by his later vviues Sce the arbor in the end of this booke The point of difficultie Issue of Catherin Svvinford The principal question Ansvver Duchie of Lācaster The crovvne An exam ple of Edvvard the sixth of the prince of spaine Replies of the house of Portugal The duke dome of Lācaster The legitimation of Catherin Svvinfords children not lavvful Stovv in vit Richardi 2. Garibay his Portugal l. 33 cap. 4. Note this example Stovv in vit Henrici 8. Iohn of Gauntes marriage vvith Catherin Svvinford helpeth not the legitimation The question betvveene lord Phillip and Iohn of Somerset The question betvveene the