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
suffer the church to enioy the priuileges and liberties which in tyme of bis predecessors it did enioy and to feare that king which reygneth in heaucn and by whom al other kings do reigne morouer he desired him to consider his promise also ro al the realme which was that he 〈◊〉 preserue vnto euery man 〈◊〉 and title so far as in him lay By vvhich speech of the Archbishop the king was so tar moued as he vvould heare no more of that bil of the layne but said that he would leaue the church in as good estate or better then he found it and so he did but yet hereby we come to learne vvhat oth the kings of Ingland do make at ther coronations touching the Church and cleargie The other conditions also of good gouerment are partely touched in the speach of the Archbishop and much more exprefly set downe in the king of Inglands oth recorded by ancient wryters for that he sweareth as both Holinshead and others do testifie in ther inglish stories in thes very words to vvit That he wil during his life beare reuerence honor vnto almightie God and to his Catholique church and vnto his ministers and that he wil administer law and iustice equally to al and take away al vniust lawes Which after he had sworne laying his handes vppon the gospels then doth the Archbishop turning about to the people declare vvhat the king hath promised and sworne and by the mouthe of a harold at armes asketh ther consents whether they be content to submit themselues vnto this man as vnto ther king or no vnder the conditions proposed wherunto when they haue yealded themselues then beginneth the Archbishop to put vppon him the regal ornaments as the sword the ring the scepter and crowne as before in the French coronation you haue hard and namely he giueth him the scepter of S. Eduard the consessor and then he addeth also the same wordes of commission and exhottation as the other doth to wit stand and hold thy place and kepe thy oth and therunto adioyneth a great commination or threat on the behalfe of almightie God if he should take vppon him that dignity without firme purpose to obserue the things which this day he hath sworne and this is the somme of the Inglish coronation Which you may read also by piece meale in Iohn Stow according as other things in that his breefe collection are set downe but especially you shal seit in the admissions as Wel of the said kinge Henry the fourth now last mentioned as also of king Edward the fourth at ther first entrances to the crowne for in the admission of king Henry Stow sheweth how the people vvere de maunded thrise whether they were content to admit him for ther kinge and that the Archbishop of Canterbury who was the same Thomas Arundel of whom vve spake before did read vnto them what this new king vvas bound by oth vnto and then he tooke the ring vvherwith he vvas to vved hym to the common wealth which vvedding importeth as you know an oth and mutual obligation on both sides in euery marriadge and the Earle of Northumberland high Constable of Ingland for that day was vvilled to shew the said ring to the people that they might therby see the band wherby ther king vvas bound vnto them And then it vvas put vppon his finger and the king kissed the Constable in signe of acceptāce fel on his knees also to prayer that he might obserue his promise and other like ceremonyes saith Stow vvere vsed and this vvas done the 13. of October 1359. and therfore vppō good reason might this same Archbishope put him afterward in mynde of this his othe as before I haue shewed that he did At the admission also of king Edward the fourth Stow noteth in his Chronicle that first the peoples consent was demaunded very solemly in S. Iohns feilde by London the 29. of February in the yeare 1460. notwithstanding that king Edward had proued his title by succession before in the parlament holden at westminster and now this consent of the people being had or he being thus elected as Stowes words are he went the next day in procession at paules and offered ther and after Te Deum being song he was with greate roy alty cōueyed to westminster and ther in the haule set in the kings seat with S Edwards scepter in his hand and then the people were asked agayne if they would haue him king and they cryed yea yea thus far Iohn Stow. And if any would take exception against thes of king Henry and king Edward the 4. bicause they entred and began ther reignes vppon the depriuation of other kings then lyuing ther are yet many liuing in Ingland that haue seene the seueral coronations of king Edward the 6. Q. Mary Q. Elizsabeth that now reigneth can witnes that at al and euery of ther coronations the consent of the people and their acceptation of thos Princes is not only demanded by the publique cry of a harolde at armes which standeth on both the sydes of the high scaffolde or stage wherō the Prince is crowned and the peoples answere expected till they cry yea yea but also that the said Princes gaue there their corporal othe vpon the Euangelists vnto the Bishop that crowned them to vp holde maynteyne the faith afornamed with the liberties and priuileges of the church as also to gouerne by iustice and law as hath bin said which othes no doubt haue bine sworne and taken most solemnly by all the kings and Queenes of Ingland from the dayes of king Edward the Confessor at the least and he that wil see more poyntes of thes othes set down in particuler let hym reade magna carta and he wil be satisfied By al which and by infinite more that might be said and alleaged in this matter and to this purpose it is most euident said the Ciuilian lawyer that this agreement bargayne and contract betwene the king and his cōmon wealth at his first admission is as certayne and firme nothwitstanding any pretence or interest he hath or maye haue by succession as any cōtract or mariage in the vvorld can be vvhen it is solemnized by wordes de praesenti as our law speaketh betwene parties espoused before by vvordes de futuro vvhich is an act that expresseth this other most liuely as afterward more at large I shal shew vnto you and consequently I must nedes affirme to be most absurd base and impious that flattery before mentioned of Belloy his companions in their bookes before cited where he holdeth that only successiō of blood is the thing without further approbation which maketh a king and that the peoples consent to him that is next by birth is nothing at al needful be he what he wil and that his admission inunction or coronation is only a matter of external ceremony without any effect at al for
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
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
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
frosard sayeth he had but three shippes only out of Britanie and Walsingham saith he had but 15. Lances and 400. footmen and the additions to Polychronicon as before I noted do auouch that when he landed at Rauenspurt in the county of Yorke he had but threescore men in al to begin the reformation of his realme against so potent a tyrant as King Richard was then accompted and yet vvas the concourse of al people so great and general vnto him that within few dayes he achiued the matter and that without any battaile or bloodshed at al thus much for the iustnes of the cause But now if we vvil consider the manner and forme of this act they of Lancaster do affirme also that it could not be executed in better nor more conuenient order First for that it vvas done by the choise and inuitation of al the realme or greater and better parte therof as hath bin said Secondly for that is vvas done vvithout slaughter and thirdly for that the king vvas deposed by act of parlament and himselfe conuinced of his vnworthy gouerment and brought to confesse that he vvas vvorthely depriued and that he vvillingly and freely resigned the same nether can their be any more circumstances required saye these men for any lavvful deposition of a Prince And if any man wil yet obiect and saye that notwithstanding al this their vvas violence for that duke Henry was armed and by force of armes brought this to passe they of Lancaster do answere that this is true that he brought the matter to an Roboam for the sinnes of Salomon his father and yet spare him also in parte for the sake of his grand father Dauid he caused a rebellion to be raysed against him by Ieroboam his seruant and more then three partes of foure of his people to rebell against him and this by Gods owne instinct and motion and by his expresse allowance therof after it vvas done as the scripture auoucheth and if Roboam had fought against them for this fault as once he had thought to do and vvas prepared vvith a mayne army no doubt but they might haue lawfully stayne him for that now these tenn tribes that for-sooke him had iust authority to depose him for his euel gouerment and for not yealding to their iust request made vnto him for easing them of those greuous tributes laid vppon them as the scripture reporteth For albeit God had a meaning to punish him for the sinnes of his father Salomon yet suffred he that Roboam also should giue iust occasion him selfe for the people to leaue him as appereth by the story and this is Gods highe vvisdome iustice prouidence and swete disposition in humane affaires An other example of punishing and deposing euel Princes by force they do alleage out of the first booke of kings wher God appointed Elizens the Prophet to send the sonne of an other Prophet to annoynt Iehu Captaine of Ioram king of Israel vvhich Ioram was sonne to the Queene Iezabel and to persuade Iehu to take armes against his said king and against his mother the Queene and to depriue them both not only of their kingdomes but also of their liues and so he did for the scripture saith Coniurauit ergo Iehu contra Ioram Iehu did coniure and conspite at the persuasion of this Prophet vvith the rest of his fellow Captaines against his king Ioram and Queene Iezabel the kinges mother to put them downe and to put them to death with al the ignomy he could deuise and God allowed therof and perswaded the same by so holy a Prophet as Elizeus vvas wherby we maye assure our selues that the fact was not only lawfull but also most godly albeit in it selfe it might seeme abhominable And in the same booke of kings within two chapters after there is an other example how God moued loiada high priest of Ierusalem to persuade the Captaines and Coronels of that cittye to conspire against Athalia the Queene that had reigned 6. yeares and to arme them selues with the armor of the temple for that purpose and to beseige the pallace wher she lay and to kill al them that should offer or goe about to defend her so they did and hauing taken her aliue she vvas put to death also by sentence of the said high priest and the fact vvas allowed by God and highly commended in the scripture and Ioas yong king of the blood royal was crowned in her place al this might haue bin done as you see without such trouble of armes bloodshed if God vvould but he appointed this seueral meanes for working of his wil and for releeuing of common wealthes oppressed by euel princes And this seemeth sufficient proofe to these men that king Richard of Ingland might be remoued by force of armes his life and gouerment being so euel and pernitious as before hath bin shewed It remayneth then that vve passe to the second principal pointe proposed in the begining vvhich was that supposing this depriuation of king Richard vvas iust and lawful vvhat house by right should haue succeded him ether that of lācaster as it did or the other of Yorke And first of al it is to be vnderstood that at that very tyme vvhen king Richard vvas deposed the house of Yorke had no pretence or little at al to the crowne for that Edmond Mortimer earle of march nephew to the lady Phillip vvas then aliue with his sister Anne Mortymer marryed to Richard earle of Cambrige by vvhich Anne the howse of Yorke did after make their clayme but could not do so yet for that the said Edmond her brother was liuing and so continued many yeares after as appeareth for that wee reade that he vvas aliue 16. yeares after this to witt in the third yeare of the raigne of king Henry the fift vvhen his said brother in law Richard earle of Cambrigs vvas put to death in South-hampton vvhom this Edmond appeached as after shal be shewed and that this Edmond vvas now earle of March when king Richard vvas deposed and not his father Roger as Polidot mistaketh is euident by that that the said Roger vvas slayne in Ireland a litle before the depositiō of King Richard to witt in the yeare 1398. and not many monethes after he had bin declared heyre apparent by king Richard and Rogers father named Edmond also husband of the lady Phillip dyed some three yeares before him that is before Roger as after wil be seene so as seing that at the deposition of king Richard this Edmond Mortimer elder brother to Anne was yet liuing the question cannot be whether the house of Yorke should haue entred to the crowne presently after the depriuation of kinge Richard for they had vet no pretence as hath bin shewed but whether this Edmond Mortimer as heyre of Leonel duke of Clarence or els Henry the duke of Lancaster heyre of Iohn of Gaunt should haue entred For as for
doubt approueth vvhat the realme determineth in this poynt for otherwise nothing could be certaine for that of thes changes doth depend al that hath succeeded sythens In like manner is it euident that as the common wealth hath this authority to chuse and change her gouerment so hath she also to limite the same vvith vvhat lavves and conditions she pleaseth wherof ensueth the great diuersity of authority and power vvhich ech one of the former gouerments hath as for example the Consuls of Rome vvere but for one yeare other officers and Magestrates vvere for more or lesse tyme as their commō wealth did alott them The Dukes of Venice at this day are for their liues except in certayne cases wherin they may be deposed thos of Genua only for two years and their power as I haue said is very smal and much limited and their heyres haue no clayme or pretence at al after them to that dignity as the children and next of kinne of other Dukes of Italy haue though in different sort also for that the Dukedomes of Ferara Vrbin and Parma are limited only to heyres male and for defect therof to returne to the pope or Sea of Rome Florence and Mantua for like defects are to returne to the empire and do not passe to the heyrs femal or to the next of kynne as Sauoy and some others do Aud now if we respect God and nature as wel might al thes gouerments follow one law as so different for that neyther God not nature prescribeth any of thes particuler formes but concurreth with any that the cōmon wealth it selfe appoynteth and so it is to be beleued that God and nature concurred as vvel with Italy when it had but one Prince as now when it hath so many and the like with Germany and the like also with Swizerlād which once was one common vvealth only vnder the dukes and Marqueses of Austria and now are deuided into thirtene Cantons or common wealthes vnder populer Magestrates of their owne as hath bin said so as when men talke of a natural Prince or natural successor as many tymes I haue hard the vvord vsed if it be vnderstood of one that is borne within the same Realme or countrey and so of our owne natural blood it hath some sense though he may be both good or badd and none hath bin worse or more cruel many tymes then home borne Princes but if it be ment as though any Prince had his particuler gouerment or interest to succeed by institutiō of nature it is rediculous for that nature giueth it not as hath bin declared but the particuler constitution of euery cōmon wealth with-in it selfe and so much for this first poynt which must be the ground to al the rest that I haue to say OF THE FORME OF MONARCHIES AND KINGDOMES IN PARTICVLER AND THE DIF ferent lawes wherby they are to be obteyned holden and gouerned in dyuers countries accordinge as eche common wealth hath chosen established CAP. II. AL that hitherto hath bin spoken hath appertayned to al princely and supreme gouerment in general but now for that our matter in question is concerning the succession to a kingdome good reason that we should reduce our speech vnto this forme of gouerment in particuler First of al then is to be considered that of al other formes of gouerment the monarchy of a king in it selfe appeareth to be the most excellent and perfect and so do hold not only Aristotle in his fornamed bookes of pollitiques namely in his third with this only condicion that he gouerne by lawes but Seneca also and Plutarch in his morales namely in that special treatise wher-in he discusseth an seni sit Respub tractanda whether an old man ought to take vppon him the gouerment of a common wealth or no wher he saith that regnum inter omnes respub consumatissima prima est a kingdome is the most perfect common wealth among al other the very first that is to say the most perfect for that it hath most commodities and least inconueniences in it selft of any other gouerment and it is the fitst of al other for that al people commonly made their choise at the begining of this kind of gouerment so as of al other it is most ancient for so we read that among the Sytians Medes and Persians their first gouernours were kings and when the children of Israel did aske a kynge at the hands of Samuel which vvas a thousand yeares before the comming of Christ they alleaged for one reason that al nations round about them had kings for their gouernours and at the very same tyme the chiefest cyties and common vvealths of Greece as the lacedemonians Athenians Corinthians and others wherof diuers afterwards tooke other gouerments vnto themselues for the abuses in kingly gouermet committed at that tyme vvere gouerned by kings as at large proueth Dyonisius Halicarnasseus Cornelius Tacitus Cicero others The Romans also began vvith kings as before I haue noted and the reason of this is for that as our Christian doctors do gather especially S. Hierome and S. Chrisostome this kind of gouerment resembleth most of al the gouerment of God that is but one it representeth the excellency of one sonne that lightneth al the plannets of one soule in the body that gouerneth al the powers and members therof and finally they shew it also to be most conforme vnto nature by example of the bees which do choose vnto themselues a kinge and do liue vnder a monarchy as the most excellentest of al other gouerments to which purpose also I haue hard alleaged somtymes by diuers those wordes of S. Peter Subiecti estote omni humanae creaturae propter Deum siue regi quasi precellenti siue ducibus ab eo missis c. Be you subiect of euery humane creature for Gods cause whether it be to a king as the most excellent or to Dukes sent by God for the punishment of euil men and praise of the good Out of which wordes some do note two points first that as one the one side the Apostle doth plainely teach that the magistrates authority is from God by his first institutiō in that he sayeth vve must be subiect to them for Gods cause so on the other side he calleth it a humane creature or a thing created by man for that by mans free choise this particuler forme of gouerment as al other also is appoynted in euery common wealth as before hath bin declared and that by mans election and consent the same is layd vppon some particuler man or vvoman according to the lawes of euery countrey al which maketh it rightly to be called both a humane creature and yet from God The second poynt which diuers do note out of thes wordes is that S. Peter calleth a king most excellent which thoughe it may be vnderstood in rcspect of the Dukes authority wherof
excceding cruelty and commaunded his armes and memories to be pulled downe euery vvhere and chose for his successor one 〈◊〉 Nerua an Italian a man of excellent vertue by whom they enjoyed not only the most prosperous tyme of his gouerment but of al thos other fower before named that ensued him no lessc worthy then him selfe Not long after the succession of thes excellent good Emperors ther came to the crowne by lawful discent of blood a youth named Antoninus Heliogabolus sonne of the Emperor Antoninus Caracalla and nephew to the most famous and noble Emperor Septimius Seuerus that dyed in Ingland Which youth as he vvas greatly loued and honored a great while for so worthy a grand father so aftervvards for his owne most beaftly life and foule actions he was depriued and put to death by the souldiars of Rome at the request common desire both of the people and senate vvhen he had reigned six yeares and yet vvas but twenty yeares of age when he vvas put downe and his death depriuation was approued by publique acte of the senate who ordeyned also in his detestatiō that neuer Emperor after him shonld be called more Antoninus so it was obserued though no other name had euer bin more gratful before to the vvorld for the remembrance of the good Emperors that had bin so called This man being chastized as is said ther was preferred to the Empire in his roome a goodly yong man of his next kynred named Alexander Seuerus sonne to Mamonea which was sister to Heliogabolus his mother and being admitted by common consent both of the senate people and army he proued one of the most rarest Ptinces for his valor and vertue that euer the roman Empire hath had so as the worthines of Seuerus semed to recōpencefully the wickednes of Heliogabolus Imight name diuers other such examples among the rest that of Maxentius who being lawfully possessed of the Empire in Rome as it seemed for that he was sonne to Maximinianus the Emperor that reigned vvith Diocletian yet for his tyrannous gouerment that was intolerable it is supposed that the senate not being able to match him in open strenght sent prinily into Ingland France to inuite Constantin to come and do iustice vppon him and so he did and he being drowned in the riuer of Tiber Cōstantin sutnamed afterward the great succeded in the Empire and was the man that al men know and the first Emperor that publiquely professed him selfe a Christian and planted our faith ouer al the world this of the romane Empyre And yf vve wil come lower downe neerer home vve haue yet an other example more markable perhaps then al the rest which vvas the change of the Empire from the East to the vvest for the euel gouerment of Constantin the sixth vvho was deposed first and his eyes put out by his owne mother Irene and the Empire vsurped by her but being not able to rule it in such order as was needful for so great a monarchy though otherwise she were one of the rarest women for valor and vvisdome that euer the world had she vvas depriued therof by the sentence of Leo the third pope of Rome and by consent of al the people and senat of that citye and Charles king of France and of Germany surnamed aftrrward the great vvas crowned Emperor of the vvest and so hath that succession remayned vnto this day and many worthy men haue succeded therin infinite actes of iurisdiction haue bin excersised by this authority which were al vniust and tyrannical if this change of the Empire and deposition of Irene and her sonne for ther euel gouerment had not bin lawful It vvere to long to runne ouer al other kingdomes yet some I shal touch in such poynts as are most notorious The two famous chāges that haue bin made of the royal lyne in France the first from the race of Pharamond and Clodoueus to the lyne of pepin and the second from the race of Pepin agayne to the lyne of Hugo Capetus that endureth vnto this day vvher on are they founded but vppon the iudicial chastisment and deposition of two euel Princes the first of Childeric the third lawful king of France who after tenn yeares that he had reigned vvas deposed by Zaccharie the pope at the request of the vvhole nobility and cleargie of France or rather his depriuation vvas by them and confirmed by the pope to whom they alleaged this reason for their doing in that behalfe as Girard putteth it downe in both his French Cronicles I meane the large and the abbreuiation to vvit that their oth to Childeric was to honor serue obey maynteyne and defend him agaynst al men as long as he vvas iust religious valiant clement and vvould resist the enemies of the crowne punish the wicked and conserue the good and defend the Christian fayth And for as much as thes promises said they vvere condicional they ought not to hold or binde longer then that they were reciprocally obserued on both partes which seing they were not on the part of Childric they would not be any longer his subiects and so desired Zacharias to absolue them from their othes which he did and by this meanes Childric vvas deposed and put into a monastery wher he dyed and in his place Pepin vvas chosen and crowned king vvhos posteritie reygned for many years after hym and were such noble kings as al the world can testifie And so continued this race of Pepin in the royal throne for almost two hundreth yeares together vntil Hugo Capetus vvho was put into the same throne by the same authority of the common vvealth and Charles of Lorayne last of the race of Pepin for the euel satisfaction which the French nation had of him was put by it and kept prisoner during his life in the castle of Orelance And thus much do affirme al the French Historyes and do attribute to thes changes the prosperity and greatnes of their present kingdome and monarchy thus much for France wher many other examples might be alleaged as of king Lewis the third surnamed Faineant For that he was vnprofitable and of Charles surnamed Le gros that succeded him both of them deposed by the states of France and other the lyke of vvhom I shall haue occasion to speake afterwards to an other purpose But now if you please let vs stepp ouer the pirenie mountaines and looke into Spayne vvher ther wil not faile vs also diuers examples both before the opression of that realme by the moores as also after For that before to wit about the yeare of Christ 630. we reade of a lawful king named Flaueo Suintila put downe and depriued bothe he and his posterity in the fourth councel national of Toledo and one Sissinando confirmed in his place notvvithstanding that Suintila vvere at the beginning of his raigne a very
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
admonish yon in a few wordes what the charge importeth which you are to take vppon you c. Thus he beginneth and after this he declareth vnto him for what end he is made king vvhat the obligation of that place and dignity byndeth him vnto and vnto vvhat points he must sweare what do signifie the sword the ring the sceptor and the crowne that he is to receaue and at the deliuery of each of thes things he maketh both a short exhortation vnto him and prayer vnto God for him And the kings oth is in thes words Promitto coram Deo angelis eius I do promise and sweare before God and his angels that I will do law and iustice to al and kepe the peace of christ hisChurche and the vniō of his catholique fayth and wil do and cause to be done dew and canonical honor vnto the bishops of this land and to the rest of the cleargie and if which God for bid I should break my oth I am content that the inhabitants of this kingdome shal owe no duty or obedience vnto me as God shal help me and Gods holy ghospelles After this oth made by the king and receaued by the subiects the Lord Martial general of the whole kingdome doth aske vvith a loud voice of al the councellors nobility people ther present whether they be content to submit themselues vnto this king or no Who answering yea the archbishop doth ende the residue of the ceremonies doth place him in the royal throne wher al his subiects do homage vnto him and this for Polonia In Spayne I do find that the manner of admitting ther kings was different and not the same before and after the distruction therof by the Moores but yet that in both tymes ther kings did sweare in effect the selfe same points vvhich before haue bin mentioned in other kingdomes For first before the entring of the Moores when spayne remayned yet one general monatchie vnder the Gothes it is recorded in the fourth national coūcel of Toledo which vvas holden the yeare of our Lord 633. according to Ambrosio Morales the most learned diligēt historiographer of Spayne though other do appoint it some few yeares after in this councel I say it is said that their new king Sissinandus who had expelled Suintila ther fotmer king for his euel gouerment This king Sissinandus I saye comming into the said councel in the third yeare of his reigne accompained with a most magnificent number of nobles that waighted on him did fal downe prostrate vppon the ground before the Archbishops and bishops ther gathered together which vvere 70. in number and desired them vvith teares to pray for him and to determine in that councel that which should be needful and most conuenient both for mainteyning of Gods religion and also for vpholding and prospering the whole common wealth wheruppō thos fathers after matters of religion and reformation of manners vvhich they handled in 73. chapters In the end and last chapter they come to handle matters of estate also And first of al they do confirme the deposition of king Suintila together with his wife brother and children and al for his great wickednes which in the councel is recounted and they do depriue them not only of al title to the crowne but also of al other goods and possessions mouables immouables sauing only that vvhich the new kings mercy should bestow vppon them and in this councel was present and subscribed first of al other S. Isidorus Archbishop of Siuil who writing his history of spayne dedicated the same vnto this king Sissinandus and speaketh infinite good in the same of the vertues of king Suintila that was now deposed and condemned in this said councel wherby it is to presumed that he had changed much his life afterward and became so wicked a man as here is reported After this the councel confirmeth the title of Sissinandus and maketh decrees for the defence therof but yet insinuateth vvhat points he was bound vnto and wherunto he had sworne when they said vnto him Te quoque praesentem regem ac futuros aetatum sequentium principes c. We do require you that are our present king and al other our Princes that shal follow here after vvith the humility which is conuenient that you be meeke moderate towards your subiects and that you gouerne your people in iustice and piety and that none of you do giue sentence alone against any mā in cause of life and death but with the consent of your publique councel and with thos that be gouernours in matters of iudgment And against al kings that are to come we do promulgate this sentence that if any of them shal against the reuerence of our lawes excercise cruel authority with proud domination and kingly pompe only following ther owne concupiscence in wickednes that they are condemned by Christ with the sentence of excommunication and haue theyr separation both from him and vs to euerlasting iudgment and this much of that councel But in the next two yeares after the ende of this councel king Sissinandus being now dead and one Chintilla made king in his place ther were other two councels gathered in Toledo the first vvherof was but prouincial and the second national and they are named by the names of the fift and sixt councels of Toledo In the vvhich councels according to the manner of the Gothes who being once conuerted from the Arrian haeresie were very catholique and deuout euer after and gouerned themselues most by their cleargie and not only matters of religion were handled but also of state and of the common wealth especially aboute the successiō to the crowne safty of the Prince prouision for his children frendes officers and fauorites after his death and against such as without election or approbation of the commō wealth did aspire to the same al thes points I say vvere determined in thes councels and among other points a very seuere decree vvas made in the sixt councel concerning the kings oth at his admission in thes vvords Consonam vno corde ore promulgamus Deo placituram sententiam We do promulgate vvith one hart and mouth this sentence agreable pleasing vnto God and do decree the same vvith the consent and deliberation of the nobles and peeres of this realme that vvhosoeuer in tyme to come shal be aduanced to the honor and preferment of this kingdome he shal not be placed in the royal seat vntil among other conditions he haue promised by the Sacrament of an oth that he vvil suffer no man to break the Catholique faith c. Thus far that synod or councel By which wordes especially thos among other conditions is made euident that thos Princes sweare not only to kepe the faith but also such other conditions of good gouerment as were touched before in the fourth councel and thes things were determyned while
their king Chintilla was present in Tolledo as Ambrosio Morales noteth And thus much of Spayne before the entrance of the Moores and before the deuiding therof into many kingdomes which happened about a hundreth yeares after this to wit in the yeare of our Sauiour 713. and 714. But after the Moores had gayned al Spayne and deuided it betwene them into diuers kingdomes yet God prouided that vvithin fowre or fiue yeares the christians that were left and fledd to the Mountaynes of Asturias Biscay found a certaine yong Prince named Don Pelayo of the ancient blood of the Gotish kings vvho vvas also fled thither and miraculously saued from the enemyes whom they chose straight vvaies to be their king and he began presently the recouery of Spayne and was called first king of Asturias and afterward of Leon and after his successors gatt to be kings also of Castilia and then of Toledo and then of Aragon Barcelona Valentia Murcia Cartagena Iaen Cordua Granade Siuil Portugal and Nauarra al which were different kingdomes at that tyme so made by the Moores as hath bin said And al thes kingdomes were gayned againe by litle and litle in more then 7. hundred yeares space which were lost in lesse then two yeares and they neuer came againe in deede into one Monarchie as they were vnder Don Rodrigo ther last king that lost the whole vntil the yeare of our Lord 1582. when Don Philippe now king of Spayne re-vnited againe vnto that crowne the kingdome of Portugal which was the last peece that remayned seperated and this vvas almost 900. yeares after Spaine was first lost But now to our purpose the chronicler of Spayne named Ambrosio Morales doth record in his chronicle a certaine law written in the Gotish tonge and left since the tyme of this Don Pelayo the first king after the vninersal distruction of Spaine and the title of the law is this Como se an de leuantar Rey en Espn̄a y como el ha de Iurar los fueros that is to saye how men must make ther king in Spaine and how he must sweare to the priuileges and liberties of that nation And then he putteth the articles of the law wherof the first saith thus Before al thinges it is established for a law liberty and priutledge of Spayne that the king is to be placed by voius and consent perpetually and this to the intent that so euel king may enter without consent of the people seing they are to giue co him that which with ther blood and laboures they haue gayned of the Moores Thus far goeth this first article which is the more to be marked for that diuers and thos most ancient spanish authors do say that from this Don Pelayo the succession of kings descended euer by propinquity of blood and yet vve see that election was ioyned ther vvithal in expresse termes The second part of the law conteyneth the manner of ceremonyes vsed in those old dayes at the admission of their kings which is expressed in thes wordes let the king be chosen admitted in the metropolitan citie of this kingdome or at least wise in some cathedral church and the night before he is exalted let him watch al night in the church and the next day let him heare masse and let him offer at masse a peece of scarlet and some of his owne money and after let him communicate and when they come to lift him vp let him step vppon a buckler or target and let the cheife and principal men ther present hold the target and so lifting him vp let them and the people cry three tymes as hard as they can Real Real Real Then let the king comaund some of his owne money to be cast among the people to the quantity of a hundreth shillings and to the end he may giue al men to vnderstand that no man now is aboue him let him self tye on his owne sword in the forme of a crosse let no knight or other man beare a sword that day but only the kinge This was the old fashion of making kings in spayne which in effect and substance remayneth stil though the manner therof be somewhat altered for that the spanish kings be not crowned but haue an other ceremony for their admission equal to coronation which is performed by the Archbishop of Toledo primat of al spayne as the other coronations before mentioned are by the Archbishop of Moguntia to the Emperor and by the Archbishop of Guesna to the king of Polonia and by the Archbishop of Praga to the king of Boemia and by the Archbishop of Braga to the king of Portugal and by the Archbishop of Canterbury to the king of Ingland and by the Archbishop of Rhemes to the king of France of which realme of France we may not omit to say somewhat in particuler seing it is so goodly a kingdome and so neere to Ingland not only in situation but also in Lawes manners customes and as the race of Inglish kings haue come frō them in diuers manners since the conquest so may it be also supposed that the principal ceremonies and circumstances of this actiō of coronation hath bine receaued in like manner from them First then touching the acte of coronation and admission of the king of France euen as be fore I haue said of Spayne so also in this kingdom do I find two manners of that action the one more ancient which the French do say hath indured in substance from ther first Christian king named Clodoueus vnto this day which is about eleuē hundred yeares for that Clodoueus vvas christened the yeare of our Lord 490. in the cytie of Rheims by S. Remigius Bishop of that citie and annointed also and crowned king by the same bishop which manner and order of anoynting and coronation endured after for about 6. hundred yeares vnto the tyme of Henry the first king Phillip the first his sonne both kings of France At vvhat tyme which is about 500. yeares a gone both the Chroniclers and Cosmographers of France do teftifie that ther was a peculier booke in the library of the church of Beuais conteyning the particuler order of this action which had endured from Clodoueus vnto that tyme. Which order for so much as toucheth the solemnitie of officers in the coronation and other like circumstances vvas far different at that tyme from that which is now for that in those dayes ther were no peeres of France appointed to assist the same coronation which now are the chiefe and the greatest part of that solemnirie Yea Girard du Hailan secretarie of France in his third booke of the affaires and state of that kingdome sayth that the ceremonies of crowning their old kinges were much after the fashion which I haue noted a litle before in this very chapter out of the law of Don Pelayo first king of Spaine after the Moores for
into Ingland but after this tyme the manner and ceremonies was somwhat altered and made more maiestical in outward shew this especially by king Lewis surnamed the yonger nephew to the foresaid king Phillip who leauing the substance of the action as it vvas before caused diuers external additions of honor and maiestie to be adioyned therunto especially for the coronation of his sonne Phillip the seconde surnamed Augustus whom he caused also to be crowned in his dayes as his grand father Phillip had bin and as himselfe had bin also in his fathers dayes This man among other royal ceremonyes ordeyned the offices of the twelue peeres of France 6. Ecclesiastical and 6. temporal vvho are they which euer since haue had the chiefest places and offices in this great action fot that the fore said Archbishop of Rhemes intituled also Duke of Rhemes hath the first and highest place of al others and annoynteth crowneth the king The bishop Duke of Laon beareth the glasse of sacred oyle The bishop Duke of Langres the crosse The Bishop and earle of Beuais the mantel royal The Bishop Earle of Noyon the kings girdle and last of al the Bishop and Earle of Chalons doth cary the ring and thes are the six ecclesiastical peeres of France with their offices in the coronation The temporal peeres are the Duke of Burgundie deane of the order vvho in this day of coronation holdeth the crowne the Duke of Gasconie Guyene the first banner quartered the Duke of Normandie the 2. banner quartered the Earle of Tholosa rhe golden spurres the Earle of Champanie the banner Royal or standerd of warr and the Earle of flanders the sword royal so as thet are 3. Dukes 3. Earles in euery one of both ranks of spiritual temporal Lords and as Girard noteth the king is apparraled on this day 3. times and in 3 seueral sortes the first as a priest the secōd as a king ād vvarryer the third as a iudge and finally he saith that this solemnitie of anoynting and crowning the king of France is the most mag nificent gorgious and maiestical thing that may be seene in the vvorld for which he referreth vs not only to the particuler coronations of thes two ancient king Phillipps the first second but also to the late coronation of Henry the second father to the last kings of France which is also in printe and in deede is a very goodly and most notable thing to be read though in deede much more to be seen But to say a vvord or two more of Phillip Augustus before I passe any further which happened in the yeare 1179. and in the 25. of the reigne of our king Henry the 2. of Ingland who as the French stories say was present also at this coronation and had his ranck among the peeres as Duke of Normandy and held the kings crowne in his hand one of his sonnes had his ranck also as Duke of Gasconie the forme vsed in this coronation was the very same which is vsed at this day in the admission of the kings of France in recounting wher-of I wil let passe al the particuler ceremonies Which are largely to be read in Francis Belforest in the place before mentioned and I vvil repeate only the kings oth which the said author recounteth in thes wordes The Archbishop of Rhemes being vested in his pontifical attyre and come to the aulter to begin masse wher the king also was vppon a high seat placed he turned to him and said thes wordes in the name of al the cleargie and churches of France Syre that which we require at your handes this day is that you promise vn to vs that you wil kepe al canonical priuileges law and iustice dew to be keept defended as a good king is bound to do in his realme and to euery bishop and church to him committed wherunto the king answered I do promisse and auow to euery one of you and to euery church to you committed that I wil kepe and mainteyne al canonical priuileges law and iustice 〈◊〉 to euery man to the vttermost of my power and by Gods helpe shal defend you as a good king is bound to doe in his realme This being done the king did sweare and make his oth laying his handes vppon the gospel in thes wordes following Au nom de Iesus Christ ie iure promets au peuple christien a moy suiect ces choses c. Which is in Inglish In the name of Iesus Christ I do sweare and promise to al Christian people subiect vnto me thes points ensuning first to 〈◊〉 that al my subiects be kept in the vnion of the church and I wil defend them from al excesse rapine extorsion and iniquity secondly I wil take order that in al iudgments iustice shal be kept with equity and mercy to the end that God of his mercy may conserue vnto me with you my people his holy grace and mercy Thirdly I shal endeuour as much as possibly shal lye in me to chase and driue out of my realme and al my dominions al such as the church hath or shal declare for heretiques as God shal help me and his holy gospels Thus swereth the king and then kysseth the gospels and mediatly is song Te Deum laudamus and after that are said many particuler prayers by the Archbishop and then is the king vested and the ring scepter crowne and other kingly ornaments and ensignes are brought put vppon him with declaration first vvhat they signifie then particuler prayers are made to God that ther signification may be by the king fulfilled And after al ended the Archbishop with the Bishops do blesse him and say thes vvordes vnto him God which reigneth in heauen and gouerneth al kingdomes blesse you c. Be you stable and constant and hold your place and right from hence forth which heere is committed and laid vppon you by the authority of almighty God and by this present tradition and deliuery which we the bishops and other seruants of God do make vnto you of the same and remember you in place conuenient to beare so much more respect reuerence vnto the 〈◊〉 by how much neerer then other men you haue seene 〈◊〉 to approch to Gods aulter to the end that Iesus Christ mediator of God and man may confirme and maynteyne you by the cleargie and people in this your royal seat and throne who being lord of Lords and king of kings make you reigne with him and his father in the life and glory euerlasting Thus saith the Archbishop vnto him and after this he is led by him and the other peares vnto the seat royal wher the crowne is put vppon his head and many other large ceremoneies vsed vvhich may be read in the author a fore said and are to long for this place And yet haue I bin the larger in this matter of France
for that I do not thinke it to be improbable which this author and others do note to wit that most nations round about haue taken their particuler formes of anoynting and crowning their kings from this anciēt custome of France though the substance therof I meane of ther sacring and anoynting be deduced from examples of far more antiquity to wit from the very first kings among the people of Israel whō God caused to be anoynted by his priestes and prophets in token of his election and as a singuler priuiledge of honor and preheminence vnto them wherof king Dauid made so great accōpt when he said to the souldiar that had killed Saul his enimye in the warr quare non timuisti mittere manum tuam in Christum Domini VVhy diddest thow not feare to lay thy hands vppon the anoynted of God and he put him to death for it notwithstanding that Saul had bin long before deposed and reiected by God and that himselfe had lawfully borne armes against him for many daies so much was that ceremony of anoynting estemed in thos dayes so hath it bin euer since among christian people also for that kings hereby are made sacred and do not only perticipate vvith priests but also vvith Christ himselfe vvho hath his name of this circumstance of anoynting as al the vvorld knoweth Probable then I say it is that albeit the substance of this ceremony of anoynting kings be much elder then the christian kingdome of France yer is this partic uler and maiestical manner of doing the same by waye of coronation the most ancient in France aboue al other kingdomes round about especialy if it began vvith ther first christian king Clodouaeus not ful 500. yeares after Christ as french authors do hold At what tyme also they recount a great miracle of holy oyle sent from heauen by an angel for anoynting Clodouaeus vvherof they say they haue stil remaining for the anoynting of their kings at Rhemes vvhich point I vvil not stand to treat or discoursein this place but rather wil refer my reader to the foresaid chapter of Francis Belforest chonicler of Frāce vvho alleageth diuers vvriters of almost 500. yeares antiquitie that write of the same but howsoeuer that be very probable it semeth that al the ceremoneys of coronation in Germany Polonia before recited which had ther beginning long after the reigne of Clodouaeus might be taken frō thence and so the affinity and likenes of the one to the other doth seeme to agree and Garribay also the chronicler of Spayne and of Nauarra in his 22. booke talking of this custome of anoynting and crowning the kings of Nauarra saith that this excellent custome began ther I meane in Nauarra aboue 800. yeares past and vvas brought in by certaine Earles of Champayn of France named Theobaldes who comming to attayne that crowne brought with them that reuerent ceremony of anoyntig crowning ther kings according to the vse of the French which custome endureth vntil this day in that part of Nauarra that is vnder the house of Vandome albeit in the other that is vnder the Spaniardes which is far the greater it vvasleft of in the yeare 1513. When Ferdinande surnamed the Catholique king of spayne entred ther-vppon for that the Spanish kings are neuer anoynted nor crowned but otherwise admitted by the common vvealth as before I haue declared But among al other kingdomes it semeth that Ingland hath most particularly taken this custome and ceremony from France not only for the reason before alleaged that diuers of our Inglish kings haue come out of France as William Conqueror borne in Normandy king Stephen sonne to the Earle of Blois and Bollen a French man and king Henry the second borne likwise in France and sonne to the Earle of Aniou but also for that in very deede the thing it selfe is al one in both nations and albeit I haue not sene any particuler booke of this action in Ingland as in French ther is yet it is easy to gather by storyes what is vsed in Ingland about this affaire For first of al that the Archbishop of Canterbury doth ordinarily do thes ceremony in Inland as the Archbishop of Rhemes doth it in France ther is no doubte with the same solemnity and honor according to the condition and state of our countrey and Polidor Virgil in his story noteth that pope Alexander did interdict and suspend the Archbishop of Yorke with his two assistants the bishops of Londō Salisbury for that in the absence of Thomas Becket Archbishop of Canterbury and without his licence they did crowne king Henry the seconds sonne named also Henry at his fathers perswation and diuers do attribute the vnfortunate successe of the said king Henry the yonger that rebelled against his father to this disorderly and violent coronation by his fathers appointment secondly that the first thing which the said Archbishop requireth at the new kings hands at his coronatiō is about religion church matters and the cleargie as in France vve haue seene it appereth euidently by thes vvords which the same Archbishop Thomas surnamed commonly the martyr remayninge in banishment vvrote to the same king Henry the second which are thes Memores sitis confessionis quam fecistis posuistis super altare apud westmonsterium de seruanda Ecclesiae libertate quando consecrati fuistis vncti in regem à praedecessore nostro Thebaldo Which is do you cal to your remembrance the confession which you made and laid vppon the aulter at vvestminster for keping defending the libertie of the church when you vvere consecrated and annoynted king by Thebaldus our predecessor By which wordes appereth that as the king of Ingland vvas consecrated and annoynted in thos dayes by the Archbishop of Canterbury so did he sweare and giue vp his oth also in vvriting and for more solemnity and obligation layd it downe or rather offered it vp vvith his owne handes vppon the aulter so much as vvas repuired of him by the said Archbishop cleargie for the special safety of religion and theis ecclesiastical liberties which is the selfe same pointe that vve haue sene before as vvel in the oth of the kings of France as also of Polonia and Spayne and of the Emperors both Grecian and German The very like admonition in effect I finde made by an other Thomas Archbishop of Canterbury to an other king Henry to wit by Thomas Arundel to king Henry the fourth vvhen in a parlament holden at Couentry in the yeare 1404. the king vvas tempted by certayne temporal men to take away the temporalityes from the cleargie Wherunto vvhen the said Archbishop Thomas had answered by diuers reasons at last turning to the king he besought him saith Stow to remember the oth which he voluntarily made that he would honor defend the church and ministers therof VVherfore he desired him to permit and
person vvho by succession of blood is next may be vnable or vnfit or pernicious to gouerne in vvhich cases the remedy is as before hath bin declared ether to helpe and assist him by lawes directions and vvise councells if he be capable therunto or els to remoue him and take in another of the same blood royal though further of in degree or propinquity in his place And this is and hath bin the custome and practice of al kingdomes and common vvealthes from the beginning since succession hath bin established among them as afterwards I shal demōstrate vnto you by great store of euident examples and presidentes by this meanes vve come to remedy the difficulties and inconueniences of both kindes of making our kings and princes vvhich are election and succession as hath bin said for by succession vve do remedy the inconueniences and dangers before mentioned of bare election to vvit of strife banding ambition and the like and by this other meane of adding also election consent and approbation of the realme to succession vve remedy the inconueniences of bare succession alone vvhich inconueniences are principaly that some vn-apt impotent or euel prince may be offered some times to enter by priority of blood vvherof the realme may deliuer it selfe by this other meanes of not admitting him so as election by succession and succession agayne by election is salued the one made a preseruatiue and treacle to the other this is the vvisdome and high policie left by God and nature to euery common vvealth for ther owne conseruation and maintenance and euery man that is of reason and iudgment and void of passion wil not only allow but also highly commend the same Now then to answere in particuler to the two questions made at the beginning of this speech to vvit vvhat is to be attributed to succession alone and secondly vvhat interest a prince hath ther-by to any crowne before he be crowned or admitted by theō cmon vveath To the first I say that to succession alone or priority of blood only great honor reuerence and respect ought to be borne as before hath bin declared for that it is the principal circumstance and condition vvhich leadeth vs to the next succession of the crowne infalibly and vvithout al strife if his propinquity be cleare and euident and that other necessary circumstances and conditions do concurr also in the same person vvhich condicions vvere appointed and set downe at the same time and by the same authority that this law of succession vvas established for that both the one the other of thes two points vvere ordeyned by the common vvealth to vvit that the elder and first in blood should succeede and that he should be such a person as can and vvil gouerne to the publique vveale of al as often and largely before hath bin auouched and proued To the second question I answere that an heyre apparent to a crowne before his coronation and admission by the realme if he haue the conditions before required hath the same interest to the kingdome vvhich the king of Romans or Caesar hath to the Germane empyre after his election and before he be crowned or to vse a more familier example to Inglish men as the Mayor of London hath to the mairalrie after he is chosen and before he be admitted or haue taken his oth For as this man in 〈◊〉 is not truly mayor nor hath not his iurisdiction before his oth and admission nor the other is properly Emperor before he be crowned so is not an heyte apparent truly king though his predecessor be dead and he next in succession vntil he be crowned or admitted by the common vvealth An other example is ther in mariage also vvherby our matter is made more playne for in this contract go both the betrothing and actual ioyning together of the parties in wedlock the first is dōne by wordes de futuro or for the time to come and is not properly mariage but espousal only the other is by vvords de presenti that is by mutual present consent giuen of both parties and this seconde is only and properly true mariage which two points are expresly represented in the state of an heyre apparent and of a crowned king for that the heyre apparent by propinquity of blood is only espoused or betrothed to the common wealth for the time to come and is marryed afterwards by present mutual consent of both parties in the contract and knitting vp of the matter at his coronation by the othes vvhich ether part maketh the one to take the other by puting on the ring and other wedding garments before mentioned in ther coronations by al vvhich the heyre apparent vvhich before vvas but espouse is made now the true king and husband of the common vvealth vvhich before he was not by only succession but only a betrothed spouse or designed king as hath bin declared Wherfore it followeth also that the commō vvealth oweth no allegeance or subiection vnto the heyre apparent in rigour of iustice vntil he be crowned or admitted though his predecessor be dead for that in very deede vntil that time he is not ther true king soueraine though for better keping of order auoyding of tumults al common wealthes lightly that haue ther princes by succession haue ordeyned in thes later ages that from the death of the former princes al matters of gouerment shal passe in the name of his next successor if his succession be cleere and this as I say for auoyding of garboyles and vnder supposal of confirmation and approbation afterward of the cōmon wealth at his coronatiō for which cause also and for better accompt of yeares it was ordeyned that the beginning of the successors reigne should be reconed from the day of the death of his predecessor and not from the day of his coronation as otherwise in rigor it ought to be and as in old time it was accustomed to be as Girard secretary and chronicler of France doth wisely note in his third booke of the estate and affaires of France to wit that kings in old time vvere vvotit to accompt the yeares of ther reignes from the day only of ther annoynting and coronation This pointe also that heyres apparent are not true kings vntil ther coronatiou how iust soeuer thet title of succession otherwise be and though ther predecessors be dead it might be confirmed by many other arguments but especially and aboue al others for that the realme is asked agayne three times at their coronatiō whether they wil haue such a māto be king or no as before hath bin shewed which thing vvere in vayne to aske if he vvere truly king as Belloy sayeth before his coronation Againe we see in al the formes and different manners of coronations before recited that after the prince hath sworne diuers times to gouerne wel and iustly then do the subiects take other othes
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
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
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
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 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
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
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
vvhich end being taken away or peruerted the king becommeth a tyrant a Tigar a fearse Lion a rauening wolfe a publique enimy and a bloody murtherer vvhich vvere against al reason both natural and moral that a common wealth could not deliuer it selfe from so eminent a distruction By authority also you haue heard it proued of al law-makers Philosophers Lawyers Diuines and Gouernours of common vvealthes vvho haue set downe in their statutes and ordonances that kings shal sweare and protest at their entrance to gouerment that they vvil obserue and performe the conditions their promised otherwise to haue no interest in that dignity soueraintie By examples in like manner of al realmes christian he declared how that often-tymes they haue deposed their princes for iust causes and that God hath concurred and assisted wonderfully the-same sending them commonly very good kings after those that vvere depriued and in no country more then in Ingland it selfe yea in the very lyne and familye of this king Richard vvhose noble grand-father king Edward the third vvas exalted to the crowne by a most solemne deposition of his predecessor king Edvvard the second vvherfore in this point their can be litle controuersie and therfore vve shal passe vnto the second vvhich is vvhether the causes vvere good and iust for which this king Richard vvas esteemed vvorthy to be deposed And in this second pointe much more difference their is betwixt Yorke and Lancaster and betwene the vvhite rose and the redd for that the house of Yorke seeking to make the other odious as though they had entred by tyrannie cruelty doth not stick to auouch that king Richard vvas vniustly deposed but against this the house of Lancaster alleageth first that the howse of Yorke cā not iustly saye this for that the chiefe prince assistant to the deposing of king Richard vvas lorde Edmond hymselfe duke of Yorke and head of that familie together with Edward earle of Rutland duke of Aumarle his eldest sonne and heyre yea and his yonger sonne also Richard earle of Cambrige father to this Richard that now pretēdeth for so do write both Stow Hollingshead and other chroniclers of Ingland that those princes of the howse of Yorke did principally assist Hēry duke of Lancaster in getting the crowne and deposing king Richard Polidor speaking of the wicked gouerment of king Richard and of the first cogitation about deposing him vvhen king Henry of Lancaster vvas yet in France banished and seemed not to thinke of any such matter he hath these words Sed Edmundo Eboracensium duei eares cum primis bilem commouit quod rex omnia iam iura peruerteret quòd antea parricidio postea rapinis se obstrinxisset c. That is this matter of the wicked gouerment of king Richard did principally offend his vncle Edmond duke of Yorke for that he saw the king novv to peruert al law and equity and that as before he had defiled himselfe vvith parricide that is with the murther of his owne Vncle the duke of Glocester brother to this Edmond so now he intangled himselfe also vvith rapine in that he tooke by violence the goods and inheritance of Iohn ofGaunt late deceased vvhich did belong to Henry duke of Lancaster his cosen germaine by which wordes of Polidor as also for that the duke of Lancaster cōming out of Britayne accompaned only with three score persons as some stories say chose first to goe into Yorke-shire and to enter at Rauenspurr at the mouthe of Humber as al the vvorld knoweth which he would neuer haue done if the princes of Yorke had not principally fauoured him in that action al this I say is an euident argumēt that these princes of the house of Yorke were then the chiefe doers in this deposition and consequently cannot alleage now with reason that the said Richard was deposed vniustly Secondly the house of Lancaster alleageth for the iustifying of this deposition the opinions of al historiographers that euer haue written of this matter vvhether they be Inglish French Duch Latine or of any other nation or language vvho al with one accord do affirme that king Richards gouerment vvas intolerable he worthy of deposition wherof he that wil se more let him reade Thomas of Walsingham and Iohn Frosard in the life of king Richard Thirdly they of Lancaster do alleage the particuler outrages and insolences of king Richards gouerment and first the suffring himselfe to be carryed away with euil counsel of his fauorites and thē the peruerting of al lawes generally vnder his gouerment as before you haue hard out of Polidor the ioyning vvith his my niōs for opressing the nobility of which Stow hath these vvordes The king being at Bristow with Robert de Vere duke of Ireland Michael de la Pole Earle of Suffolke deuised how to take away the duke of Glocester the earles of Arundel VVarwick Darby and Notingham and others whose deathes they conspired thus sayeth Stow. And soone after they executed the most par of their deuises for that Thomas of Woodstock duke of Glocester vvas made away vvithout law or processe the earle of Arundel also vvas put to death and VVarwick vvas banished and so was also Thomas Arundel Archbishop of Canterbury by like injustice and the like was done to Henry duke of Hereford and after of Lancaster and among other insolences he suffred Robert Vere to dishonour and put from him his vvife a noble and goodly yong Lady as Stow sayeth and borne of Lady Isabel king Richards aunt that vvas daughter to king Edward the third and suffred Vere to marry an other openly to her disgrace and dishonour of her kynred And finaly in the last parlament that euer he held which vvas in the 21. yeare of his reigne commonly called the euel parlament he would needs haue al authority absolute graunted to certaine fauourits of his which Thomas Walsingham saith were not aboue 6. or 7. to determine of all matters vvith al ful authority as if they only had bin the vvhole realme vvhich vvas nothing in deede but to take al authority to him selfe only and Stow in his chronicle hath these wordes following This parlameut began about the 15. of September in the yeare 1397. at the beginning wherof Edward Stafford Bishop of Exceter Lord Chancellor of Ingland made a proposition or sermon in which he affirmed that the power of the king was alone and perfit of it selfe and those that do impeatch it were worthy to suffer paine of the law c. thus saith Stow by al vvhich is euident how exorbitant and contrary to al law and equity this kinges gouerment vvas Fourthly and lastly those of Lancaster do alleage for iustifying of this depriuation that duke Henry vvas called home by expresse lettres of the more and better part of al the realme and that he came vvholy in a manner vn-armed considering his person for that
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
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
the auersion and natural alienatiōn of that people from the Inglish and their ancient inclination to ioyne with the Frēch Irish against vs maketh it yery probable that that subiection of theirs to the crowne of Ingland vvould not loug indure as by expetience we haue feene since the tyme of king Edward the first vvhen after the death of their king Alexander the third without issue they chose king Edward to be their king deliuered their townes and fortresses into his hands did sweare him fealty receaued his deputy or viceroy as Polidor at large declareth And yet al this serued afterward to no other effect but only slaughter bloodshed and infinyt losses and charges of Ingland Thirdly they saye that if the king of Scots should come to possesse the crowne of Inglād he cannot choose at least for many yeares but to stand in great ielousy of so many other competitors of the Inglish blood royal as he shal finde in Ingland against whom he must needes fortifie him selfe by those other forayne natiōs that may be presumed to be most sure vnto him though most contrary by natural inclination least tollerable in gouermēt to Inglish men as are the Scots of whom he is borne and danes vvith vvhom he is allyed and French of vvhom he is descended and of the vnciuil part ofIreland vvith vvhom one great piece of his realme hath most coniunction the authority sway of which fower nations in Ingland and ouer Inglish-men vvhat trouble it may worke euery vvise man may easely coniecture Besides that the Scots-men themselues specially those of the nobility do openly professe that they desire not this coniunction and subordination vnto Ingland which in no wise they can beare both for the auersion they haue to al Inglish gouerment ouer them as also for that their liberties are far greater as now they liue then in that case it would be suffred their king coming heerby to be of greater power to force them to the forme of Inglish subiection as no doubt but in tyme he would And seing the greatest vtility that in this case by reason and probability can be hoped for by this vnion is that the Scotish nation should come to be aduanced in Inglād and to be made of the nobility both temporal and spiritual of the priuy councel and of other lyke dignities of credit and confidence for otherwise no vnion or amitie durable can be hoped for and considering that the king both for his owne safetie as before hath bin said as also for gratitude and loue to his owne nation and allied frends must needs plant them about him in chiefe place of credit vvhich are most opposite to Inglish natures and by litle litle through occasion of emulations and of controuersies that vvil fal out daylie betwixt such diuersity of nations he must needes secretlie begin to fauour and fortifie his owne as we reade that William Conqueror did his Normannes and Canutus before him his Danes to the incredible calamity of the Inglish nation though otherwise neither of them vvas of themselues either an euil king or enimye to the Inglish blood but driuē hereunto for their owne saftie and for that it vvas impossible to stand neutral in such national contentions if al this I say fel out so then as vve know it did and our ancestors felt it to their extreme ruine what other effect can be hoped for now by this violent vnion of nations that are by nature so disunited and opposite as are the Inglish Scotish Irishe Danishe Frenche other on them depending vvhich by this meanes must needs be planted together in Ingland And if vve reade that the vvhole realme of Spayne did refuse to admitt S. Lewis king of France to be their king in Spayne to vvhom yet by law of succession it vvas euident confessed by the spaniards themselues as their chronicler Garibay writeth that the right most clearly dyd appertayne by his mother lady Blanch eldest daughter and heyre of K. Alonso the nynth and that they dyd this only for that he vvas a Frenchman and might therby bring the french to haue chiefe authority in Spayne and if for this cause they did agree together to giue the kingdome rather to Ferdinando the third that was sonne of Lady Berenguela yonger sister to the said lady Blanch and if this determination vvas thought at that tyme to be vvife and prouident though against al right of lineal succession and if vve see that it had good successe for that it indureth vnto this day what shal vve say in this case say these men vvhere the king in question is not yet a S. Lewis nor his title to Ingland so cleere as that other vvas to spayne and the auersion betwixt his nation and ours much greater then vvas that betwixt the french and Spanish thus they do reason Agayne we heard out of the discourse made by the Ciuilian before how the states of Portugal after the death of their king Don Ferdinando the first of that name vvho left one only daughter and heyre named lady Beatrix married vnto Iohn the first king of Castile to whō the succession of Portugal vvithout al controuersie did apertaine they rather determyned to chose for their king a bastard brother of the sayd Don Fernando named Iohn then to admitt the true inheretor Beatrix vvith the gouerment of the Castilians by vvhom yet they being much the richer people the Portugals might hope to reape far greater vtility then Inglish men can do by Scotland considering it is the poorer country and nation And this is that in effect which these men do answere in this behalfe noting also by the way that the Romās themselues vvith al their power could neuer bring vnion or peace betweene thease two nations of Ingland Scotlande nor hold the Scots and North-Irish in obedience of any authority residing in Ingland and so in the end they vvere enforced to cut them of to make that famous walle begun by Adrian and pursued by other Emperours to diuide them from Inglād and barre them from ioyning as al the vvorld knoweth and much lesse shal any one king liuing in Ingland now hold them al in obedience let him be of vvhat nation he vvil and this for the vtility that may be hoped by this vnion But now for the other pointe alleaged by the fauourers of Scotland about establishmēt of true religion in Ingland by entrance of this king of Scots these other mē do hold that this is the vvoorst and most dangerous pointe of al other considering vvhat the state of religion is in Scotland at this day and how different or rather opposite to that forme which in Ingland is mainteyned and vvhen the Archbishopes bishopes deanes archdeacons and other such of ecclesiastical and honorable dignities of Ingland shal consider that no such dignity or promotion is left now standing in Scotland no nor any cathedral
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
in Magistrats and for that the former is of nature the other also is of nature Al which is confitmed also by the consent vse of al nations through-out the world which general consent Cicero calleth ipsius vocem naturae the voice of nature herselfe for ther was neuer yet nation found ether of ancient tyme or now in our dayes by the discouery of the Indies or els where among vvhom men liuing together had not some kind of Magestrate or superior to gouerne them which euidently declareth that this poynt of Magestrates is also of nature and from god that created nature which poynt our ciuil law doth proue in like manner in the very begining of our digestes vvher the secōd title of the first booke is de origineiuris ciuilis omnium magestratuum of the begining of the ciuil law and of al magestrates which begining is referred to this first principle of natural instinct and Gods institution And last of al that God did concurr also expresly vvith this instinct of nature our diuines do proue by cleare testimony of holy scripture as vvhen God saith to Salomon by me kings do raigne and S. Paule to the Romans auoucheth that autbority is not but of God and therfore he which resisteth authority resisteth God Which is to be vnderstood of authority power or iutisdiction in it selfe according to the first institution as also vvhen it is lawfully laid vppō any person for otherwise when it is ether vvrongfully taken or vniustly vsed it may be resisted in diuers cases as afterwards more in particuler shal be declared for then it is not law ful authority Thes two poynts then are of nature to wit the common wealth and gouerment of the same by magistrates but vvhat kind of gouermēt ech common vvealth vvil haue whether Democratia vvhich is popular gouerment by the people it selfe as Athens Thebes and many other cyties of Greece had in old tyme as the Cantons of Swizers at this day haue or els Aristocratia vvhich is the gouerment of some certayne chosen number of the best as the Romans many yeares vvere gouerned by Consuls and senators and at this day the states of this countrey of Holland do imitate the same or els Monarchia vvhich is the regiment of one and this agayne eyther of an Emperor King Duke Earle or the like thes particuler formes of gouerment I say are not determyned by God or nature as the other two poyntes before for thē they should be al one in al nations as the other are seing God and nature are one to al as often hath bin said but thes particuler formes are left vnto euery nation and countrey to chuse that forme of gouerment which they shal like best and think most fit for the natures and conditions of their people vvhich Aristotle proueth through out al the second and fourth bookes of his politiques very largly laying dovvne diuers kinds of gouerments in his dayes as namely in Greece that of the Milesians Lacedemonians Candians and others and shevving the causes of their differences which he attributeth to the diuersity of mens natures customes educations and other such causes that made them make choise of such or such forme of gouerment And this might be proued also by infinit other examples both of tymes past and present and in al nations and countryes both christian and otherwise which haue not had only differēt fassions of gouermēts the one frō the other but euen among themselues at one tyme one forme of gouerment and an other at other tymes for the Romans first had Kings and after reiecting them for their euil gouerment they chose 〈◊〉 vvhich vvere two gouernours for euervycare vvhose authority yet they limited by a multitude of senators which vvere of their counsel and thes mens power vvas restrayned also by adding tribunes of the people and some tyme dictators and finally they came to be gouerned last of al by Emperors The like might be said of Carthage in Africa and many cityes and common wealthes of Greece which in diuers seasons and vppon diuers causes haue taken different formes of gouerment to themselues The like vve see in Europe at this day for in only Italye what different formes of gouerment haue you Naples hath a kinge for their soueraine Rome the pope and vnder him one senator in place of so many as vvere wont to be in that common vvealth Venice and Genua haue senators Dukes but litle authority haue ther Dukes Florence Farara Mantua Parma Vrbin and Sauoy haue their Dukes only without senators and there power is absolut Milan vvas once a kingdom but now a Dukedom the like is of Burgundy Lorayne Bauire Gascony and Britayne the lesser al which once had their distinct kings and now haue Dukes for their supreme gouernours The like may be said of al Germany that many yeares together had one king ouer al which now is deuided into so many Dukedomes Earldomes other like titles of supreme Princes But the contrary is of Castile Aragon Portugal Barcelona and orher kingdomes this day in Spayne which vvere first earldomes only and after Dukedomes and then kingdomes and now a gayne are al vnder one Monarchy The like is of Boeme and Polonia which vvere but Dukedomes in old tyme and now are kingdomes The like may be said of France also after the expulsion of the Romans vvhich was first a monarchy vnder Pharamond their first king and so continued for many yeares vnder Clodion Merouys Childrik and Clodouaeus ther first christened kings but after they deuided it into fower kingdomes to vvit one of Paris an other of Suessons the third of Orleans and the fourth of Metts and so it continued for diuers yeares but yet aftervvards they made it one monarchy agayne England also vvas first a monarchy vnder the Britaynes and then a prouince vnder the Romans and after that deuided into seauen kingdomes at once vnder the Saxons and novv a monarchy agayne vnder the Inglish and al this by Gods permission and approbation vvho in token therof suffred his owne peculier people also of Israel to be vnder diuers manners of gouerments in diuers tymes as first vnder Patriarques Abraham Isaac and Iacob then vnder Captaynes as Moses Iosua and the like then vnder iudges as Othoniel Aiod and Gedion then vnder high Priestes as Hely and Samuel then vnder kings as Saul Dauid and the rest then vnder captaines highe priests agayne as Zorobabelludas Machabeus his brethren vntil the gouerment vvas lastely taken from them and they brought vnder the povver of the Romans and forraine kinges appoynted by them So as of al this ther can be no doubt but that the common vvealth hath power to chuse their owne fassion of gouerment as also to change the same vppon resonable causes as we see they haue done in al tymes and countryes and God no
wherof the first he hath in that he is a man and the other in that he is a Prince For this cause then al common wealthes haue prescribed lawes vnto their Princes to gouerne therby as by a most excellent certayne immutable rule to which sense Cicero said leges sunt inuentae vt omnibus semper vna 〈◊〉 voce loquerentur lawes were inuented to the ende they should speake in one and the 〈◊〉 same sense to al men For which very reason in lyke maner thes lawes haue bin called by Philosophers a rule or square inflexible and by Aristotle in particular a mynde without passion as hath bin said but the Prophet Dauid who was also a Prince king semeth to cal it by the name of Discipline for that as discipline doth keepe al the partes of a man or of a particuler house in order so law vvel ministred keepeth al the partes of a common vvealth in good order and to sheow how seuerely God exacteth this at al Princes handes he sayth these wordes And now learne ye kinges and be instructed you that iudge the world serue God in feare and reioyse in him with trembling embrace ye discipline least he enter into wrath and so ye perish from the way of righteousnes Which wordes being vttered by a prophet and king do conteyne diuers poynts of much cōsideration for this purpose as first that kings and Prince are bound to learne law and discipline and secondly to obserue the same vvith great humility and feare of Gods wrath and thirdly that if they do not they shal perish frō the way of righteousnes as though the greatest plage of al to a Prince weare to lose the way of righteousnes law and reason in his gouerment and to giue himselfe ouer to passion and his owne vvil whereby they are suer to come to shipwrack and thus much of the first helpe The second help that common wealthes haue giuen to their kings and Princes especially in later ages hath bin cerrayne councelles and councellors with whom to consult in matters of most importance as we see the parlaments of Ingland and France the courtes in Spayne and diets in Germany vvithout which no matter of great moment can be concluded and besides this commonly euery king hath his priuy councel whom he is bound to heare and this vvas done to temper somwhat the absolute for me of a Monarchy whose danger is by reason of his sole authority to fal into tiranny as Aristotle vvisely noteth in his fourth booke of politiques shewing the incōuenience or dangers of this gouerment vvhich is the cause that vve haue few or no simple monarchies now in the world especially among Christians but al are mixt lightely with diuers pointes of the other two formes of gouerment also and namely in Ingland al three do enter more or lesse for in that ther is one king or Queene it is a monarchy in that it hath certayne councelles which must be hard it participateth of Aristocratia and in that the commonalty haue their voices and burgesses in parlament it taketh part also of Democratia or populer gouerment al which limitations of the Princes absolute authority as you see do come for the common wealth as hauing authority aboue their Princes for their restraint to the good of the realme as more at large shal be proued hereafter From like authority and for like considerations haue come the limitations of other kings and kingly povver in al tymes and countries from the beginning both touching themselues and their posterity and successors as breefly in this place I shal declare And first of al if we vvil consider the tvvo most renoumed and allowed states of al the world I meane of the Romans and Grecians vve shal finde that both of them began vvith kings but yet vvith far different lawes and restraints about their authorityes for in Rome the kings that succeded Romulus their first founder had as great and absolute authority as ours haue now a dayes but yet their children or next in blood succeded them not of necessity but new kings were chosen partly by the senate and partly by the people as Titus Liuius testifieth so as of three most excellent kings that ensewed immediatly after Romulus to wit Numa Pompilius Tullius Hostilsus Tarqninus Priscus none of them were of the blood royal nor of kyn the one to the other no nor yet Romans borne but chosen rather from among straingers for their vertue and valor and that by election of the senate and consent of the people In Greece and namely among the lacedemonians which vvas the most emynent kingdom among others at that tyme the succession of children after their fathers was more certayne but yet as Aristotle noteth ther authority power was so restrayned by certayne officers of the people named Ephori which commonly vvere fiue in number as they were not only checked and chastined by them if occasion serued but also depriued and some tymes put to death for which cause the said philosopher did iustly mislike this emynent iurisdiction of the Ephori ouer their kings but yet hereby we see vvhat authority the common wealth had in this case and what their meaning vvas in making lawes and restrayning their kings power to wit therby the more to binde them to do iustice which Cicero in his offices vttereth in tbes vvordes Iustitiae fruendae causae apud maiores 〈◊〉 I se Asia in Europe bene morati regesolint sunt constituti c. at cum ius aequabile ab vno viro 〈◊〉 non consequerentur inuentae sunt leges Good kings vvere appoynted in old tyme among our ancestors in Asia and Europe to the end therby to obteyne iustice but when men could not ob teyne equal iustice at one mans handes they inuented lawes The same reason yealdeth the same philosopher in another place not only of the first institution of kingdomes but also of the chainge therof agayne into other gouerments when thes vvere abused Omnes antiquae gentes regibus 〈◊〉 paruerunt c. That is al old nations did liue vnder kingdomes at the beginning which king of gouerment first they gaue vnto the most iust and wisest men which they could finde and also after for loue of them they gaue the same to their posterity ot next in kynne as now also it remayneth vvher kingly gouerment is in vse but other countries which liked not that forme of gouerment and haue shaken of haue done it not that they wil not be vnder any but for that they wil not be euer vnder one only Thus far Cicero and he speaketh this principally in deferice of his-owne cornmō wealth I meane the Roman which had cast of that kinde of gouerment as before hath bin said for the offence they had taken agaynst cessayne kings of thers and first of al agaynst 〈◊〉 himselfe their first founder for 〈◊〉
to vvit that as al the duty reuerence loue and obedience before named is to be yealded vnto euery Prince which the common wealth hath once established so yet retayneth stil the common wealth her authority not only to restrayne the same Prince if he be exorbitant but also to chasten and remoue him vppon due waighty considerations and that the same hath bin donne and practised at many tymes in most nations bothe Christian otherwise vvith right good successe to the weal publique and this shal be the argument if you thinke good of our next meeting for that now it is late and I would be loth to haue you go away vvith my tale halfe tould for that it is a matter of much moment as to morrow you shal here Al vveare content vvith this resolution and so departed euery man to his loging vvith purpose to returne the next morning somwhat more early then their accustomed houre to the end the matter might be thoroughly debated OF KINGS LAVVFVLLY CHASTISED BY THEIR COMMON VVEALTHES FOR THEIR misgouerment and of the good and prosperous successe that God commonly hath giuen to the same CAP. III. THE company vvas no soner come together the next morning but they were al at the ciuiliā lawyer to performe his promise and to prosecute the matter he had propounded the night before to vvhom he answered you require of me if I be not deceaued two points ioyntly to be proued vnto you the first that common wealthes haue chastised somtymes lawfully ther lawful Princes though neuer so lawfully they vveare descended or otherwise lawfully put in possession of their crowne and secondly that this hath fallen out euer or for the most part commodious to the vvealpublique that it may seeme that God approued and prospered the same by the good successe and successors that ensevved therof Which two points I am content quoth he to shew vnto you by some examples for that the reasons herof haue in part bin declared before shal be more in particuler hereafter but yet must I do this vvith the protestation before mentioned that nothing be taken out of this my spech agaynst the sacred authority and dew respect and obedience that al men do owe vnto Princes both by Gods law and nature as hath bin proued but only this shal serue to shew that as nothing vnder God is more honorable amiable profitable or soueraine then a good Prince so nothing is more pestelent of bringeth so general destruction and desolation as an euel Prince And therfore as the vvhole body is of more authority then the only head and may cure the head if it be out of tune so may the Wealpublique cure or cutt of their heades if they infest the rest seing that a body ciuil may haue diuers heades by succession and is not bound euer to one as a body natural is vvhich body natural if it had the same ability that whē it had an aking or sickly head it could cut it of and take an other I doubt not but it vvould so do and that al men would confesse that it had authority sufficient reason to do the same rather then al the other partes should perish or liue in payne and continual tourmēt but yet much more cleare is the matter that vve haue in hand for disburdening our selues of vvicked Princes as now I shal begin to proue vnto you And for profe of both the poynts ioyntely which you require I might beginn perhaps with some examples out of the scripture it selfe but that some man may chāce to say that thes things recounted ther of the Iewes vvere not so much to be reputed for acts of the common wealth as for particuler ordinations of God himselfe vvhich yet is not any thing agaynst me but rather maketh much for our purpose For that the matter is more authorized hereby seing that what soeuerGod did ordeyne or put in vre in his common vvealth that may also be practised by other common vvealthes now hauinge his authority and approbatiō for the same Where-fore said he though I do hastē to examples that are more nearer home and more proper to the particulier purpose wherof vve treat yet can I not omit to note some two or three out of the bible that do apperteyne to this purpose also thes are the depriuation and putting to death of two wicked kings of Iuda named Saul and Amon though both of them vvete lawfully placed in that dignity and the bringing in of Dauid and Iosias in their roomes vvho were the two most excellent Princes that euer that nation or any other I thinke haue had to gouerne them And first king Saul though he were elected by God as you know to that royal throne yet vvas he slayne by the Philistians by Gods order as it vvas foretold him for his disobedience not fulfillinge the law limites prescribed vnto hym Amon was lawful king also that by natural discent successiō for he was sonne heyre to king Manasses whom he succeded and yet was he slayne by his owne people quia non ambulauit in via Domini for that he walked not in the vvay prescribed vnto him by God and vnto thes two kings so depriued God gaue two successors as I haue named the 〈◊〉 wherof are not to be found in the whole ranck of kings for a thousand yeares togeather for of Iosias it is written Fecit quod erat rectum in conspectu Domini non declinauit neque ad dextram neque ad sinistrā he did that which was right in the sight of God nether did he decline vnto the right hand nor the left He reigned 31. yeares and Hieremias the prophet that liued in his tyme loued so extremely this good king as he neuer ceased afterwards to lament his death as the scripture sayeth As for king Dauid it shal not be need-ful to say any thing how excellent a king he vvas for as many lerned men do note he was a most perfect paterne for al kings that should follow in the world not as king Cyrus whom Xenophon did paint out more according to his owne imagination of a perfect king that he wished then to the truth of the story but rather as one that passed far in actes that which is written of him and this not only in matters of religion piety and deuotion but also of cheualry valor wisdome pollicy nether is it true which Nicholas Machauel the Florentyne and some others of his new vnchristian schole do affirme for defacing of christian vertue that religion and piety are let ts ostentymes to politique and wise gouerment and do breake or weaken the high spirits of magnanimous men to take in hand greate enterprises for the common wealth This I say is extreme false for that as diuines are wont to say and it is most true grace doth not destroy or corrupt but perfecteth nature so as he which
by nature is valiant wise liberal or politique shal be the more if also he be pious and religious Which we see euidentlv in king Dauid who notwithstanding al his piety yet omitted he nothing apperteyning to the state and gouerment of a noble wise and politique Prince For first of al he began with reformation of his owne court and realme in matter of good life and seruice of God wherin he vsed the counsel and direction of Gad and of Nathan the Prophet as also of Abiathar and Hitam the cheefe priestes and of Heman his wise councellor He reduced the whole clergie into 24. degrees appointing foure thousand singars with diuers sortes of musycal instruments vnder Asaph Heman and other principal men that should be heades of the quyre He appoynted al officers needful both for his court and also the commō wealth with the armes of the crowne which was a Lyon in remembrāce of the Lyon which he had slayne with his owne handes when he vvas a child he ordeyned a mynt with a peculier forme of money to be stamped tooke order for distributing reliefe vnto the poore other lyke actes of a prudent and pious Prince After al this he turned him selfe to his old exercise of warres to which he was giuen from his child hood being wonderful valiant of his owne person as appereth by the Lion and beare that he slew vvith his owne handes and the corage vvherwith he tooke vppon him the combat with Goliath and as he had shewed himselfe a great vvarier and renowmed captayne many yeares in the seruice of Saul agaynst the Philistians and had gayned many noble victoryes so much more did he after he vvas king hymself for that he conquered not only the Philistians but also the Amorits Idumeans Moabites vvith the kings and people of Damasco and al Syria euen vnto the ruier Euphates left al thes countryes peace-able to his successor and the scripture recompteth in one only chapter how that in three or foure battailes wherin Dauid himselfe vvas present vvith in the space of two or three yeares almost a hundreth thousand horse and foote slayne by him and that himselfe slew in his dayes eight hundreth vvith his owne handes and that he made by his example thirty seuen such Captaynes as ech one of them was able to lead and gouerne a vvhole army and yet among al thes expenses of vvarres had he care to lay vp so much money and treasure as vvas sufficient for the buylding of that huge and vvonderful temple after him which he recommended to his sonne Salamon and amiddest al this valor and couradge of so vvarlyke a king and Captayne had he so much humility as to humble himselfe to Nathan the Prophet vvhen he came to rebuke him for his fault and so mnch patience and charity as to pardon Semei that reuyled him and threw stones at him in the high way as he vvent and among so many and continual busineses both martial and ciuil great affaires of the common vvealth he had tyme to write so many Psalmes as we see and to sing prayses seuen tymes a day to almighty God and to feel that deuotion at his death which we read of finally he so liued and so dyed as neuer Prince I thinke before him nor perhapps after hym so-ioyned together both valor and vertue courage and humility vvisdom and piety gouerment and deuotion nobility and religiō Wherfore though I haue bin somwhat longer then I would in this example yet hath it not bin from the purpose to note somwhat in particuler vvhat two vvorthy kings vvere put vp by God in place of tvvo other by him depriued deposed And now if we vvil leaue the Hebrues and returne to the Romans of vvhom vve spake before we shal find diuers things notable in that state also to the purpose vve haue in hand For before I tould you how that Romulus their first king hauing by litle and litle declined into tyranny he was stayne and cut in peeces by the senate which at that tyme conteyned a hundred in number and in his place was chosen Numa Pompilius the notablest king that euer they had who prescribed al their order of religion and manner of sacrifices imitating therin and in diuers other poyntes the rites and ceremonyes of the Iewes as Tertulian and other fathers do note he began also the buylding of their Capitol added the two monethes of Ianuary and February to the yeare and did other such notable things for that common wealth Agayne when Tarquinius the proud ther seuenth and last king was expelled by the same senate for his euel gouerment and the whole manner of gouerment chainged as before hath bin rouched we see the successe vvas prosperous for that not only no hurt came therby to the common vvealth but exceding much good seing their gouerment and increase of Empire vvas so prospetous vnder their consuls for many yeares in such sort that wheras at the end of their kings gouerment they had but fiftene myles territory without their cytie it is knowne that when their consuls gouerment ended and vvas chainged by Iulius Caesar their territory reached more then fiftene thousand myles in copasse for that they had not only al Europe vnder ther dominion but the principal partes also of Afia and Africa so as this chastisment so iustly layd vppon their kings vvas profitable and beneficial to their common wealthe also Moreouer vvhen Iulius Caesar vppon particuler ambition had brokē al law both humane and diuine and taken al gouerment in to his owne hands alone he was in reuenge hereof slayne as the vvorld knoweth by senators in the senate-house and Octauianus Augustus preferred in his roome vvho proued aftervvards the most famous Emperor that euer vvas I might note here also how Nero sixth Emperor of Rome vvhich succeded lawfully his vnckle Claudius in the Empire and being afterward deposed and sentenced to death by the senate for his wicked gouerment which was the first iudicial sentence that euer the senate gaue agaynst Emperor albeit peace insued not presently but that Galba Otho and Vitellius three great Captaynes of the Empire made some litle enterludes of tragical killing of one the other yet with-in few monethes the whole Empire by that meanes fel vppon Vespasian and his sonne Titus two of the best gouernors that thos tymes euer saw The like might be noted of the noble ranck of fiue excellent good Emperors to wit Nerua Traian Adrian Antoninus Pius aud Marcus Aurclius that ensued in the empire by the iust death of cruel Domitian which execution the senate is thought in secret to haue procured being not able to performe it openly by iustice which vvas seen by that that when the act vvas dōne the senate did presently by publique decree allow of the same and disanulled al his barbarous actes for their
as Alexander the great conquered the most parte of Asia in the space of 9. or 10. yeares so did this Henry conquere France in lesse then the like tyme. I might recon also in this number of Princes deposed for defect in gouermēt though otherwise he vvere no euel man in lyfe this king Henry the fourths nephew I meane king Henry the sixt vvho after almost forty yeares reigne vvas deposed and imprisoned and put to death also together vvith his sonne the Prince of wales by Edward the fourth of the howse of yorke the same was confirmed by the commons and especially by the people of London and afterwards also by publique act of parliament in respect not only of the title which king Edward pretended but also and especially for that king Henry did suffer himselfe to be ouerruled by the Queene his wife and had broken the articles of agrement made by the parlament betwene him and the Duke of Yorke and solemnly sworē on both sides the 8. of Octob. in the yeare 1459. In punishment vvherof and of his other negligent and euel gouermēt though for his owne particuler life he vvas a good man as hath bin said sentence was giuen agaynst him partly by force and partly by law and king Edward the fourth vvas put in his place who was no euel king as al Inglish men vvel know but one of the renoumedst for martial actes and iustice that hath worne the Inglish crowne But after this man agayne ther fel an other accident much more notorious vvhich was that Richard Duke of Glocester this king Edwards yonger brother did put to death his two nephewes this mans children to vvit king Edward the fifth and his litle brother made him selfe king and albeit he synned greuously by taking vppon him the crowne in this wicked manner yet when his nephewes were once dead he might in reason seeme to be lawful king both in respect that he was the next male in blood after his said brother as also for that by diuers acts of parlament both before and after the death of thos infantes his title vvas authorized and made good and yet no man vvil say I thinke but that he vvas lawfully also deposed agayne afterward by the cōmō wealth which called out of France Henry Earle of Richmond to chastise him and to put him downe and fo he did and tooke from him both life and kingdome in the fielde and vvas king himselfe after him by the name of king Henry the seuenth and no man I suppose vvil say but that he vvas lawfully king also vvhich yet cannot be except the other might lawfully be deposed moreouer as I sayd at the beginning I vvould haue you consider in al thes mutations what men commonly haue succeded in the places of such as haue bin deposed as namely in Ingland in the place of thos fiue kings before named that vvere depriued to vvit Iohn Edward the second Richard the second Henry the sixt and Richard the third ther haue succeded the three Henryes to wit the third fourth and seuenth two Edwards the third and fourth al most rare valiant Princes who haue donne infinit importanr acts in their cōmon vvealthes and among other haue raysed many houses to nobility put downe others changed states both abroad and at home distributed ecclesiastical dignityes altred the course of discent in the blood royal and the like al which was iniust and is voyd at this day if the chainges and depriuations of the former Princes could not be made and consequently none of thes that do pretende the crowne of Ingland at this day can haue any title at al for that from thos men they discende vvho were put vp in place of the depriued And this may be sufficient for proofe of the two principal poynts which you required to be discussed in the beginning of this spech to wit that lawful Princes haue oftentymes by their common wealthes bin lawfully deposed for misgouerment and that God hath allowed and assisted the same with good successe vnto the weal publique and if this be so or might be so in kings lawfully set in possession then much more hath the said common wealth power authority to alter the succession of such as do but yet pretend to that dignity if ther be dew reason and causes for the same which is the head poynt that first we began to treate of saide the Ciuilian and with this ended his speech vvithout saying any more VVHER IN CONSISTETH PRINCIPALLY THE LAVFVLNES OF PROCEEDING AGAYNST Princes which in the former chapter is mētioned what interest Princes haue in their subiect 's goods or liues how othes doth binde or may be broken by subiects towards Princes and finally the difference betwene a good king and a Tirant CHAP. IIII. VVHEN the Ciuilian had ended his speech the temporal lawyer looked vppon the stāders by to see whether any would reply or no and perceauing al to hold ther peace he began to say in this māner Truly Syr I cannot deny but the examples are many that you haue alleaged and they seme to proue sufficiently that which you affirmed at the beginning to wit that the Princes by you named were depriued and put downe by their common vvealthes for ther euel gouerment And good successors commonly raysed vp in their places and that the common wealth had authority also to do it I do not greatly doubt at least wise they did it de facto and now to cal thes factes in question were to embroyle and turne vp-side-downe al the states of Christen dom as you haue wel signified but yet for that you haue added this vvord lawfully so many tymes in the course of your narration I vvould you tooke the payne to tel vs also by vvhat law they did the same seing that Belloy whom you haue named before and some other of his opinion do affirme that albeit by nature the common vvealth haue authority ouer the Prince to chuse and appoynt him at the beginning as you haue vvel proued out of Aristotle and other vvayes yet hauing once made him and giuen vp al their authority vnto him he is now no more subiect to ther cortection or restraynt but remayneth absolute of himselfe without respect to any but only to god alone vvhich they proue by the example of euery particuler man that hath authority to make his Master or Prince of his inferior but not afterwards to put him downe agayne or to depriue him of the authority vvhich he gaue him though he should not beare himselfe vvel and gratefully but discourtious rather iniuriously towards him that gaue him first this authority To which also they do alleage the speech of the prophet Samuel in the first booke of the kings vvher the people of Israel demaunded to haue a king to gouerne ouer them as other nations round about them had and to leaue the gouerment of the high Prieste vnder
are thos contributions termed by the names of subsidies helpes beneuolences lones prests contributions and the like if al be dew and not voluntary of the subiects parte How haue parlaments oftentymes denyed to their Princes such helpes of money as they demaunded Why are their iudges appoynted to determyne matter of sutes and pleas between the Prince and his subiects if al be his and the subiect haue nothing of his owne And last of al why doth the Cannon Law which is a part also of my profession and receaued in most countries of the vvorld so straightly inhibit al Princes vppon payne of excommunication to impose new impositions taxes vppon ther people without great consideration and necessity and free consent of the giuers if al be the Princes and nothing of the subiect nay whybe al Princes generally at this daye prohibited to alienat any thing of their owne crowne without consent of ther people if they only be Lords of al and the people haue interest in nothing And hereby also vve may gather what the Prophet Samuel meant when he threatned the Iewes with the disorders of kings that should raigne ouer them not that thes disorders were lawful or appertayned to a rightious king but that seing they refused to be vnder the moderate gouermēt of their high priests other gouernors which God had giuen them hitherto and required to be ruled by kings as other heathen nations of Egypt Babilon Syria and Persia were whos manner of gouerment not only Historiographers but Philosophers also and Aristotle among the rest doth note to haue bin very tyranical yet for that the Iewes would needs haue that gouerment as a matter of more pompe and glory then that which hitherto they had had Samuel did first insinuate vnto them what extorsion and wickednes thos heathen kings did vse commonly ouer ther people in taking their childrē seruants wiues goods and the like from them and that many kings of Israel should do the like and take it for ther right and souerainty and should oppresse and tyrānise ouer them and inforce them to cry out to God for helpe and they should not find remedy for that so heddyly they had demaunded this change of gouerment which highly displeased almighty God and this is the true meaning of that place if it be vvel considered and not to authorize herby iniustice or wickednes in any king seing the principal poynts recorded to al Princes kings through out the whole course of scripture are diligere iudictum iustitiam apprehendere disciplinam facere veritatem that is to saye to loue iudgment and iustice to admit discipline to execute truth and this is the instruction that God gaue to the Iewes in Deutronomy for their kings when they should haue them which God foretould many yeares before they had any and this is the admonition that king Dauid left vnto his sonne and successor Salomon at his death and by him to al other kings and Princcs and for want of obseruing thes points of iudgment iustice discipline truth vve see not only Achab and Iezabel Before mentioned greuiously punished but many other kings also by God himselfe as Achaz Manasses Ioachim and the like which had not bin iustice on Gods part so to punish them if it had bin lawful for them to vse that manner of proceeding towards their people as thes good instructors of Princes in our dayes most fondly and wickedly do affirme and thus much for that place But to the first point which you asked by vvhat law the common wealthes that are mentioned in the former chapters did punish their euel Priuces I haue answered you before that it is by al law both diuine and humane diuine for that God doth approue that forme of gouerment which euery common vvealth doth chuse vnto it selfe as also the conditions statutes and limitations vvhich it selfe shal appoynt vnto her Princes as largely before hathe bin declared And by al humane law also for that al law both natural national and positiue doth teach vs that Princes are subiect to law order and that the common vvealth which gaue them ther authority for the commō good of al may also restrayne or take the same away agayne if they abuse it to the common cuel And vvheras thes men saye that like as if a priuate man should make his inferior or equal to be his Prince he could not after restrayne the same agayne and so nether the commō wealth hauing once deliuered away her authority I answere first that the comparison is not altogether like for that a priuat man though he giue his voice to make a Prince yet he being but one maketh not the Prince vvholy as the common vvealth doth and therfore no maruaile though it lye not in a particuler mans hād to vnmake him agayne besides this a priuat man hauing giuē his voice to make his Prince remayneth subiect and inferior to the same but the vvhole body though it be gouerned by the Prince as by the head yet is in not inferior but superior to the Prince nether so giueth the common vvealth her authority and power vp to any Prince that she depriueth her selfe vtterly of the same vvhen neede shall require to vse it for her defence for vvhich shee gaue it And finally which is the cheefest reason of al the very ground and foundation in deede of al kings authority among christians the power and anthority vvhich the Prince hath from the common wealth is in very truth not absolute but potestas vicaria or deligata as vve Ciuilians cal it that is to say a power delegate or power by commissiō from the commō wealth which is giuen vvith such restrictions cautels and conditions yea vvith such playne exceptions promises and othes of both parties I meane betwene the king and common wealth at the day of his admission or coronation as if the same be not kept but vvilfully broken on ether part then is the other not bounde to obserue his promise nether though neuer so solemly made or sworne for that in al bargaines agreements and contracts wher one parte is bound mutually and reciprocally to the other by oth vow or condition ther if one side go from his promise the other stādeth not obliged to performe his and this is so notorious by al law both of nature and nations and so cōform to al reason and equity that it is put among the very rules of both the Ciuil and cannon law vvher it is said frustra fidem sibi quis postulat seruari ab eo cui sidem à se prestitam seruare recusat He doth in vaine require promisse to be kept vnto him at an other mans hands to vvhom he refuseth to performe that which himselfe promised and agayne Non abstringitur quis iuramento ad implendum quod iur auit si ab alio parte non impletur cuius respectu praebuit iur amentum A
the bracelets the staf vvith the scepter and diademe euery one wherof the archbishop put vppon the Emperor telling him the signification of ech thing and vvhat it did bynd him vnto as for example vvhen he put the svvord about him he said accipe hunc gladium quo ijcias omnes Christi aduersarios malos christianos authoritate diuina per Episcopos tibi tradita Which is take vnto thee this svvord vvherby thow mayst cast out and driue away al the enimies of Christ whether they be barbarous infidels or euel christians and this by the authority of God deliuered vnto thee by vs that are bishops And thus he did vvith al other ornaments and ensignes telling the signification and obligation of euery one and taking the Emperors promise to performe al. And after al the historiographer concludeth thus Rex perfufus oleo sancto coronatur diademate aureo ab Episcopis ab eisdem ad solium regale ducitur in eo colocatur That is the king being annointed vvith holy oyle was crowned by the bishops and by the same vvas brought to the royal seat and therin placed This happened about the yeare of christ 940. and the ceremony is recounted more amply in this mans coronation then in any other both for that he was a very noble Prince and the very first of the Germain nation that vvas lawfully and orderly preferred to the imperial seat after that it passed from the children of Charles the great and ther be diuers points worthy the noting in this example and among other that albeit he were lawful king and Emperor by succession as also by appointment of his father yet was he chosen and admitted againe by the Princes and people that he swore to fulfil al those pointes and condicions which the signification of the Emperial ornaments did bynd him vnto After this about 60. yeares or more Pope Gregory the 5. in a synode holden in Rome did by the consent of Otho the third Emperor and nephew vnto this other Otho of vvhom we haue now treated appoint a certaine forme of electiō for the tyme to come of the German Emperor to wit that he should be chosen by six Princes of Germany three ecclesiastical which are the archbishopes of Moguntia Colen Treuires three temperal Lords to vvit the Duke of Saxony the Counte Palatyne of Rhene and the Marques of Brandeburge and vvhen thes six voices should happen to be equally deuided then that the Duke of Boemia for then it was no kingdom should haue place also to determyne the election Al which was determined in the yeare of Christ 996. in Rome and approued after ward by al the Princes of Germany and allowed by al other Christian Princes and states of the vvorld and so endureth vnto this day And among al other points this of his coronation and his oth to be taken for his wel gouerment vvas and is most exactly set downe recorded by many historiographers of that tyme and since But I shal alleage them only out of Iohn Sleydan as the most conuenient author for this our tyme and purpose First of al then he writeth that after any man is chosen Emperor he is to be called only Caesar and the king of the Romans and not Emperor vntil he be crowned and the conditions which he sweareth vnto presently after his election Are to defend the christian and catholique religion to defend the pope and church of Rome whose aduocat he is to minister iustice equally to al to follow peace to kepe and obserue al lawes rightes and priuileges of the Empyre not to alienate or engage the possessions of the empyre to cōdemne no man without hearing his cause but to suffer the course of law to haue his place in al and whatsoeuer he shal do otherwise that it be voyd and of no Validitie at al. Vnto al thes articles he sweareth first by his legates then he giueth a coppy of his othe in vvriting to euery one of the six electors and after this he goeth to the cytie of Aquis-gran to be crowned in the great church vvher about the midle of the masse the archbishop of Colen goeth vnto him in the presence of al the people and as keth whether he be redy to sweare and promise to obserue the catholick religiō defend the church minister iustice protect the widowes and fatherles and yeald dutiful honor and 〈◊〉 to the pope of Rome wherunto he answering that he is redy to do al this the Archbishop leadeth him to the high aulter wher he sweareth in expresse vvords al thes articles wwhich being done the said archbishop turning himselfe to the Princes of the empyre and people ther present doth aske them whether they be content to sweare obedience and fealtie vnto him who answering yea he is annoynted by the said archbishop before the aulter and then do come the other tvvo Archbishops of Moguntia and Treueris and do lead him into the vestery vvher certaine deacons are redy to apparrel him in his robes and do set him in a chayre vppon vvhom the Archbishop of Colen saith certaine prayers and then deliuereth him a sword drawne and putteth a ring vppon his finger and giueth him a scepter in his hand then al the three Archbishops together do put on the crowne vppon his head and leading him so crowned and apparreled vnto the high aulter againe he sweareth the second tyme that he wil do the part of a good christian and Catholick Emperor Which being ended he is brought back and placed in the emperial seat throne vvher al the Princes of the empyre do sweate obedience and fayth vnto him begining vvith the three Archbishops and continuing on vvith the three other electors and so al the rest in order vvhich is a notable and magestical manner of admitting and authorizing of a Prince as you see and it is to be marked among other things that the emperor sweareth three tymes once by his deputies and twise by himselfe before his subiects sweare once vnto him and yet wil Belloy as you haue hard needs haue subiects only bound to their Princes and the Prince nothing at al bound to them againe In Polonia which being first a Dukedome was made a kingdome aboute the same tyme that this forme of electing of the German Emperor vvas prescribed the manner of coronatiō of their kings is in substance the very same that we haue declared to be of the Emperor For first of al the Archibishop of Guesua metropolitā of al Polonia commeth to the king standing before the high aulter and sayeth vnto him thes wordes VVher as you are right noble Prince to receaue at our handes this day who are though vnworthily in place of Christ for execution of this function the sacred annoynting and other ceremonies ensignes and ornaments apperteyning to the kinges of this land it shaibe wel that we
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
the longest liuer should haue al wheruppon the said Canutus tooke the tvvo children of king Edmond Ironside named Edmond and Edward and sent them ouer into Sweuelād which at that tyme vvas subiect also vnto him and caused them to be brought vp honorably of vvhich two the elder named Edmond dyed without issue but Edward vvas maried and had diuers children as after shal be touched Etheldred and his sonne Edmond being dead Canutus the Dane was admitted for king of England by the vvhole parlament consent side as hath bin said and this the third breache of lineal discent But this notwithstanding Alerud being slayne prince Edward was made king tanta publica laetitia saith Polidor vt certatim pro eius faelici principatu cuncti vota facercnt That is he vvas made king vvith such vniuersal ioy and contentment of al men as euery man contended who should pray and make most vowes to God for his happie reygne and according to this was the successe for he vvas a most excellent prince and almost miraculously he reygned with great peace and void of al war at home and a broad for the space of almost 20. yeares after so infinit broyles as had bin before him and insued after hym and yet his title by succession can not be iustified as you see for that his eldest brothers sonne was the aliue to wit prince Edward surnamed the outlaw vvho in this kinges reygne came into Ingland and brought his vvife and three lawful children with him to wit Edgar Margaret Christian but yet vvas not this good king Edward so scrupulous as to giue ouer his kingdome to any of them or to doubt of the right of his owne title vvhich he had by election of the common wealth against the order of succession This king Edward being dead without issue Polidor saith that the states made a great consultation whom they should make king and first of al it semeth they excluded him that was only next by propinquity in blood vvhich vvas Edgar Adelin fonne to the said prince Edward the outlaw now departed and nephew to king Edmond Ironside and the reason of this exclusion is alleaged by Polidor in thes vvordes is puet id aetatis nondum regno gubernando maturus erat That is he bing a child of so smale yeares vvas not ripe enough to gouerne the kingdome and then he saith that Harald sonne of Earle Goodwin by the daughter of Canutus the first proclaymed himselfe king and more ouer he addeth Non displicait omnino id factum populo qui plurimum spei in Haraldi virtute habebat itaque more maiorum sacratus est vvhich is this fact of Harald displeased not at al the people of Ingland for that they had great hope in the vertue of this Harald so vvas he annoynted and crowned according to the fassion of the anciēt kings of Ingland by which vvordes vve may fee that Harald had also the approbation of the realme to be king notwith standing that lytle Edgar vvas present as hath bin said so as this was the fourth breach of succession at this tyme. But in the meane space William Duke of Normandy pretended that he vvas chosen before by king Edward the Confessor and that the realme had giuen their consent therunto and that king Edward left the same testified in his last wil and testament and albert none of our Inglish authors do auow the same cleerly yet do many other forrayne writers hold it and it semeth very probable that some such thing had past both for that duke William had many in Ingland that did fauor his pretence at his entrance as also as Girard in his French storie saith that at his first comming to London he punished diuers by name for that they had broken their othes and promises in that behalfe And moreouer it appereth that by alleaging this title of election he moued diuers princes abroade to fauour him in that action as in a iust quarrel vvhich is not like they should haue done if he had pretended only a conquest or his title of consanguinity vvhich could be of no importance in the vvorld for that effect seing it was no other but that his grand father and king Edwards mother vvere brother and sister which could giue him no pretence at al to the succession of the crowne by bloode and yet vve see that diuers princes did assist him and among others the French chronicler Girard so often named before vvriteth that Alexander the second pope of Rome vvhos holines vvas so much estemed in those dayes as one Constantinus Afer wrote a booke of his miracles being informed by Duke William of the iustnes of his pretence did send him his benediction and a precious ring of gold vvith a hallowed banner by vvhich he gott the victory thus writeth Girard in his French chronicles and Antoninus Archbishop of Florence surnamed Sainct vvriting of this matter in his chronicles speaketh great good of William Cōqueror and commendeth his enterprise But howsoeuer this was the victory vve se he gat and God prospered his pretence and hath confirmed his of spring in the crovvne of Ingland more then 500. yeares together so as now accounting from the death of king Edmond Ironside vnto this man we shal finde as before I haue said in lesse then 50. yeares that 5. or 6. kings vvere made in Ingland one after another by only authority and approbation of the common wealth contrary to the ordinary course of lineal succession by propinquitie of blood And al this is before the conquest but if vve should passe any further downe we should finde more examples then before For first the two sonnes of the Conqueror himselfe that succeded after him to vvit william Rufus and Henry the first were they not both yonger brothers to Robert Duke of Normandie to whom the most part of the realme vvas inclined as Polydor sayth to haue giuen the kingdome presently after the Conquerors death as devv to him by succession notwithstanding that VVilliam for particuler displeasure against his elder sonne had ordeyned the contrary in his testament But that Robert being absent in the war of Hierusalem the holy and lerned man Lanfranke as he vvas accompted then Archbishop of Canterbury being deceaued vvith vaine hope of VVilliam Rufus good nature perswaded them the contrary who vvas at that day of high estemation authority in Ingland and so might induce the realme to do what he liked By like meanes gat Henry his yonger brother the same crowne afterwards to wit by faire promises to the people and by helpe principally of Henry Newborow Earle of warwick that dealt with the nobility for him and Maurice bishop of London with the cleargie for that Anselme Archbishop of Cantetbury vvas in banishment Besides this also it did greatly healpe his cause that his elder brother Robert to vvhom the crowne by right apperteyned vvas absent againe
he said that he bare reuerent honor and respect and to discusse their seueral pretentions rightes interestes and titles to the crowne he said that his meaning was to offēd hunt or preiudice none nor to determyne any thing 〈◊〉 in 〈◊〉 or hinderance of any of their pretences or claymes of what side family faction religion or other party soeuer he or she were but rather playnly and indifferently without hatred or partial affection to or against any to lay downe sincerly what he had hard or reade or of himselfe conceaued that might iustly be alleaged in fauour or disfauour of euery tytler And so much the rather he said that he would do this for that in very truth the Ciuiltans speech had put him in a great indifferēcy concerning matter of successiō had takē out of his head many scrupulosites about nyse points of neernes in blood by the many examples reasons that he had alleaged of the proceeding of Christian cōmon wealthes in this affayre preferring oftentymes him that was further of in blood vppon other cōsideratiōs of more waight importance which point seemed to him to haue bin so euidently proued as no man can deny it much lesse cōdēne the same without the incōueniēces before alleaged mētioned of calling al in doubt that now is established in the world considering that not only foraine countries but Inglād also it selfe so often hath vsed the same putting back the next in bloode VVherfore he said that for as much as common wealthes and the consent wil and desire of each realme was proued to haue high and soueraine authority in this affayre and that as on the one side nerenes of blood was to be respected so on the other ther wāted not sundry considerations circumstāces of as great moment as this or rather greater for that oftentymes these considerations had bin preferred before neernes of blood as hath byn declared I do not know quoth he who of the pretenders may next obteyne the garland what soeuer his right by propinquity be so he haue some as I thinke al haue that do pretend and therfore I meane not to stand vppon the iustification or impugning of any one title but rather to leaue la to God and to them that must one day try iudge the same in Inglād to whome I suppose this speech of myne can not be but grateful commodious for the better vnderstanding discerning of those matters wherof of necessity er it be longe they must be iudges vmpires when God shal appoint and consequently for them to be ignorant or vnaquainted with the same as men say that commonly most in Ingland at this day are cannot be but very inconuenient and dangerous In this manner he spake and after this he began his discourse setting downe first of al the sundry bookes and treatises which he vnderstood had bin made or written hitherto of this affaire OF THE DIVERS BOOKES AND TREATISES THAT HAVE BIN VVRITTEN heretofore about the titles of such as pretend to the crowne of Ingland and what they do conteyne in fauour or disfauour of sundry pretendors CAP. I. ACCORDING to the variety of mens iudgments and affections in this behalfe so said the lawyer that diuers had written diuersly in sundry bookes treatises that had come to light went among men frō hand to hand though al were not printed And first of al he said that not long after her maiesties comming to the crowne ther appeered a certayne booke vvritten in the fauour of the house of Suffolke and especially of the children of the Earle of Hartford by the Lady Catherin Gray vvhich booke offended highly the Queene and nobles of Ingland and vvas aftervvards found to be written by one Hales surnamed of the clubb foote vvho was clarke of the hamper Sir Nicholas Bacon then Lord keeper was presumed also to haue had a principal part in the same for vvhich he vvas like to haue lost his office if Sir Antony Browne that had bin cheef iudge of the comon pleas in Queene Maries tyme vvould haue accepted therof vvhen her Maiestie offred the same vnto him and my Lord of Lecester earnestly exhorted him to take it but he refused it for that he was of differēt religion from the state and so Sir Nicholas Bacō remayned vvith the same at the great instance of Sir William Cecill now Lord Treasorer who though he vvere thought to be priuy also to the said booke yet vvas the matter so vvisely laid vppon Hales and Bacon as Sir William was kept free therby to haue the more authority and grace to procure the others pardon as he did The bent and butt of this book vvas as I haue said to preferr the title of the Lady Catherin Gray daughter of the Lady frauncis Duches of Suffolk which Frauncis was daughter to Mary the yonger daughter of King Henry the seuenth before the title of the Queene of Scotts then liuing of her sonne which were discended of Lady Margeret eldest daughter of the said king Hēry And the reasons which this book did alleage for the same were principally two the first that the lawes of Ingland did not admitt any sttainger or allien to inherit in Ingland to vvit any such as were borne out of the alleageance of our realme for so are the wordes of the law and for that the Queene of Scotts and her sonne are knowne to be so borne therfore they could not succeed and consequently that the house of Suffolck descended of the second daughter must enter in ther place The second reason is for that ther is giuen authority to king Hēry the eight by two seueral acts of parlament in the 28. and 36. yeare of his reigne to dispose of the succession by his last will testament as he should think best among those of his kinred that did pretend after his children and that the said king according to his commission did ordeyne that if his owne children did dye vvithout issue then the of-spring of his yonger sister Mary that vvere borne in Ingland should be preferred before the issue of the elder that vvas Margaret marryed into Scotland and this was the effect of this first book Against this booke were vvryten two other soone after the first by one Morgan a diuine if I remember vvel some-tymes fellow of Oriel College in Oxford a man of good accompt for learninge amonge those that knew hym he vvas thought be haue written the saide book by the aduise and assistance of the forsaide Iudge Browne which thinge is made the more credible by the many authorites of our cōmon law vvhich therin are alleaged and the partes of this booke if I forget not vvere three or rather they were three bookes of one treatise the first wherof dyd take vppon it to cleare the saide Queene of Scottes for the murder of the lord Darly her husband which by many vvas layde against her And the seconde dyd
vve may chance to haue occasion to handle the same agayne and more largely heerafter These poyntes toucheth Highintō thoughe diuers other he leaue vntouched vvhich are of much importāce for the resolusion as whether after the lyne extinguished of kinge Henry the 4. vvhich vvas the eldest sonne of Ihon of Gant ther should haue entered the line of lady Philippe the eldest daughter lawfully begotten of Blanch first wyfe of Ihon of Gant or els the race of Ihon Earle of Somersett yonger sonne by his third vvyfe which then was base borne but legetimated by parlament for of Phillip do come the kinges of Portugal and of Ihon came king Henry the seuenth And againe these pointes had byn to be disputed as vvel touching the succession to the dukedom of Lancaster alone as also to the crowne ioyncely all which articles shal seuerally afterward be handled in ther places and thus much of this booke More then these fower bookes I have not seene vvitten of his affaire though I haue hard of one made in Flanders in the behalfe of the Duke of Parma that is now vvho by his mother disceudeth of the same line of Portugal that the king of Spaine doth and as this book pretendeth if we respect the ordinary course of Inglish lawes in particuler mens inheritances he is to be preferred before the said king or any other of the howse of Portugal for that his mother descended of the yonger sonne and the king of the elder daughter of the king of Portugal and albeit according to the law of Portugal the king vvas adiuged next heyre to that crowne yet say they by our lawes of Ingland he cannot be vvhich after must be examined Thus sayth that book and he alleageth many reasons for the same as it hath bin told me for as I said I neuer came to haue a viewe of the vvhole booke but diuers of his arguments I haue seene laid together which I shal afterwards in place conuenient alleage vnto you vvith the answers censures and replies that the contrary parties do make therunto Diuers other papers notes and memories I haue seene also said he as wel touching the succession of those vvhom I haue named as of others for that Syr Richard Shelly who dyed some yeares a gone in Venice by the name of Lord prior of S. Iohns of Ingland had gathered diuers points touching these affayres many more then he had M. Francis Peto that dyed in Millan and vvas a very curious and wel readen man in genealogies as may appeare by sundry papers that I haue seene of his Their vvant not also diuers in Inglād who haue trauailed much in this busines and I haue had the perusing of some of their labors though I dare not discouer ther names lest therby I should hurt them vvhich vvere not conuenient But one great trouble finde I in them al that euery man seeketh to draw the whole water vnto his owne mill and to make that title alwayes most clere whom he most fauoreth and this vvith so great probability of reason and authority many tymes as it is hard to retayne a mās consent from that which is said vntil he haue read the reasons of the other party and this also is a great proofe of the wonderful ambibiguity and doubtfulnes which in this most important affaire is to be founde And by the way also I had almost forgotten to tel you how that of late I haue lighted vppō a certayne new discourse and treatise made in the behalfe of the king of Spaines eldest daughter whom he had by his wife Isabel the eldest sister of the last king of France vvhich Isabel and her daughter the infanta of Spaine called also Isabel are presumed to be the lawful heyres to the state of Britany and to al other states that by that meanes of Britany or otherwise by vvomen haue come to France or haue or may fal vppon a vvoman of the house of France as the states of Ingland and other states therunto annexed may for that they follow not the law salique of France and so this treatise proueth that by diuers vvayes and for sundry considerations this princesse of Spaine is also of the blood royal of Ingland and may among others be intituled to that crowne by a particuler title of her owne beside the pretence vvhich her father the king or her brother the prince of Spayne haue for them selues by the house of Portugal al vvhich reasons and consideratiōs I shal alleage afterward in ther place tyme or at least-wise the chiefe principal of them And to the end they may be vnderstoode the better as also the clearnes and pretentions of al the rest that haue interest in this affayre I shal first of al for a beginning and foundation to al the rest that shal or may be spoken heerafter set downe by way of historical narration al the discents of our Inglish kings and pretenders that maye important to this our purpose from the conquest vnto our tyme vvhich being cōpared vvith the tree it selfe of genealogies that shal be added in the end of this conference vvil make the matter more playne and pleasant to the reader OF THE SVCCESSION OF THE CROWNE OF INGLAND FROM THE CONQVEST VNTO the tyme of king Edward the third with the beginning of three principallinages of the English blood royal dispersed into the houses of Britanie Lancaster and Yorke CAP. II. NO man is ignorant said the lavvyer how William the Conqueror came to the crowne of Ingland vvhich vvas in deed by dynt of sword though he pretended that he vvas chosen by the vvill and testament of king Edward the confessor But howsoeuer this weare his posterity hath indured vntil this day and two and twenty princes of his race haue vvorne the Inglish crowne after him for the space of more then 5. hundreth yeares and how many more may yet do the same God only knoweth but if vve follow probability vve cannot vvant of them seing his blood is so dipersed ouer the vvorld at this day as by this declaration ensewing vvil appeare This king William according to Polidor and other chronicles of Ingland had by his vvyf Mathilda daughter of Baldwin Earle of Flanders foure sonnes and fiue daughters his eldest sonne vvas Robert vvhom he left duke of Normandie vvho vvas afterward depriued of that dukedome by his yonger and fowerth brother Henry vvhen he came to be king of Ingland His second sonne was Richard that dyed in his youth his third was William surnamed Rufus for that he vvas of redd heare and the fowerth vvas Henrv vvhich two last sonnes vvere both kings of England one after the other as the vvorld knoweth by the names of William the second and Henry the first The Conquerors daughters vvere first Cecilie that vvas a Nonne and the second Constantia that vvas marryed to Alayn surnamed fergant duke of Britanie and the third vvas Adela or Alis marryed
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
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
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
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
which is a token that they esteemed his title of Lancaster sufficient of it selfe to beare away the crowne albeit for better ending of strife he tooke to vvife also the lady Elizabeth heyre of the howse of Yorke as hath bin said and this may be sufficient for the present in this controuersie OF FIVE PRINCIPAL HOVSES OR LINAGES THAT DOOR MAY PRETEND TO THE CROWNE of Ingland which are the houses of Scotland Suffolke Clarence Britanie and Portugal and first of al of the house of Scotland which conteyneth the pretentions of the king of Scottes and the Lady Arbella CAP. V. HAVING declared in the former chapter so much as apparteyneth vnto the general controuersie betweene the two principal houses and royal families of Lancaster and Yorke it remayneth now that I lay before you the particuler chalenges claymes and pretentions which diuers houses and families descended for the most part of those two haue among themselues for their titles to the same Al which families may be reduccd to three or fower general heades For that some do pretende by the house of Lancaster alone as those families principally that do descend of the line royal of Portngal some other do pretende by the howse of Yorke only as those that are descended of George duke of Clarence second brother to K. Edward the fourth Some agayne wil seeme to pretend from both howses ioyned together as al those that descende from king Henry the seuenth vvhich are the houses of Scotland and Suffolke albeit as before hath appeared others do deny that these families haue any true part in the house of Lancaster which pointe shal afterward be discussed more at large And fourthly others do pretend before the two houses of Yorke and Lancaster were deuided as the Infanta of Spayne duchesse of Sauoy the prince of Lorayne such others as haue descended of the house of Britanny and France of al vvhich pretences pretendors vve shal speake in order and consider vvith indifferencie vvhat is said or alleaged of euery side to and fro begining first with the house of Scotland as with that which in common opinion of vulgar men is taken to be first and neerest though others denye it for that they are descēded of the first and eldest daughter of king Henry the seuenth as before in the third chapter hath bin declared First then two persons are knowne to be of this house at this daye that may haue action clayme to the crowne of Ingland the first is Lord Iames the sixt of that name presently king of Scotland who descendeth of Margaret eldest daughter of king Henry the seuēth that vvas married by her first marriage to Iames the fourth king of Scots by him had issue Iames the fift and he agayne the lady Mary mother to this king now pretendant The second person that may pretend in this house is the lady Arbella descended of the selfe same Queene Margaret by her secōd marriage vnto Archibald Douglas earle of Anguis by vvhom she had Margaret that vvas married to Mathew Steward earle of Lenox and by him had Charles her second sonne earle of Lenox vvho by Elizabeth daughter of Syr William Candish knight in Ingland had issue this Arbella now aliue First then for the king of Scots those that do fauour his cause wherof I confesse that I haue not founde very many in Ingland do alleage that he is the first and cheefest pretendor of al others and next in succession for that he is the first person that is descended as you see of the eldest daughter of king Henry the seuenth and that in this discent ther cā no bastardy or other lawful impediment be auowed vvhy he should not succeede according to the priority of his pretention and birth And moreouer secondly they do alleage that it would be greatly for the honor and profit of Ingland for that hereby the two Realmes of Ingland and Scotland should come to be ioyned a pointe lōge sought for and much to be wished and finally such as are affected to his religion do adde that hereby true religion wil come to be more setled also and established in Ingland which they take to be a matter of no smale consequence and consideration and this in effect is that vvhich the fauourers of this prince do alleage in his behalfe But on the other side there want not many that do accompt this pretence of the king of Scots neither good nor iust nor any waye expedient for the state of Ingland and they do answere largely to al the allegations before mentioned in his behalfe And first of al as cōcerning his title by neernes of succession they make litle accompt therof both for that in it selfe they saye it may easily be ouerthrowne and proued to be of no validitie as also for that if it were neuer so good yet might it for other considerations be reiected and made frustrate as our frend the Giuil lawyer hath largely learnedly proued these dayes in our hearing To begin then to speake first of the king of Scots title by 〈◊〉 of blood these men do affirme that albeit there be not alleaged any ba stardy in his discent from K. Henry the seuēth his daughter as there is in her second marriage against the lady 〈◊〉 yet are there other reasons enough to 〈◊〉 and ouerthrow this clay me and pretention and first of al for that he is not say these men of the house of Lancaster by the lady Blanch the only true 〈◊〉 〈◊〉 as before hath in 〈◊〉 bin shewed and shal be aftervvard more largely but only by Catherin Swinford whose children being vn lawfully begotten and but of the halfe blood whether they may by that legitimation of parlament that vvas giuen them be made inheritable vnto the crowne before the lawful daughter of the whole blood shal be discussed afterward in place conuenient when we shal talke of the house of Portugal but in the meane space these men do presume that the king of Scots is but only of the house of Yorke and then affirming further that the title of the house of Lancaster is better then that of Yorke as by many argumētes the fauorers of Lācaster haue indeuored to shew in the former chapter they do inferr that this is sufficient to make voide al clayme of the king of Scots that he maye pretende by neernes of blood especially seing there wāt not at this day pretēders enough of the other house of Lācaster to clayme their right so as the howse of Yorke shal not neede to enter for fault of true heyres and this is the first argumēt which is made against the Scotish king al the rest of his linage by the fauourers and followers of the said house of Lancaster A second Argument is made against the said kings succession not by them of Lancaster but rather by those of his owne house of Yorke vvhich is founded vppon his forraine birth by
vvhich they hold that he is excluded by the common lawes of Ingland from succession to the crowne for that the said lawes do bar al strangers borne out of the realme to inherite within the land and this is an argumēt hādled very largely betweene the foresaid bookes of M. Hales M. Morgan and my lord of Rosse for that the same doth concerne much the pretentions and claymes of diuers others that be strangers also by birth and yet do pretend to this succession as before hath bin declared I shal repeate breefly in this place the summe of that vvhich is alleaged of both parties in this behalfe First then to the general assertion that no stranger at al may inherite any thing by any meanes in Ingland the said bookes of M. Morgan my lord Rosse do answere that in that vniuersal sense it is false for that it appeareth playnely by that vvhich is ser downe by law in the seuēth nynth yeares of king Edward the fourth in the eleuēth fourteēth of K. Hēry the fourth that a stranger may purchase land in Ingland as also that he may inherite by his wife if he should marry an inheritrix Secondly they saye that the true maxima or rule against the inheritance of strangers is grounded only vppon a statute made in the 25. yeare of king Edward the third and is to be restrayned vnto proper inheritances only to wit that no person borne our of the allegeance of the king of Ingland whose father and mother vvere not of the same allegeance at the tyme of his birth for so are the wordes of the statute shal be able to haue or demande any heritage vvith in the same alleageance as heyre to any person Thirdly they say that this axiome or general rule cannot any way touch or be applied to the succession of the crowne first for that as hath bin declared before no axiome or maxima of our law can touch or be vnderstood of matters concerning the crowne except expresse mention be made therof and that the crowne is 〈◊〉 in many pointes that other priuate heritages be not And secondly for that the crowne cannot properly be called an inheritance of allegeance or vvithin allegeance as the wordes of the said statute do stande for that it is not holdē of any superiour nor vvith allegeance but immediatly from God And thirdly for that the statute meaneth plainly of inheritances by discent for otherwise as is said an allien may hold landes by purchase but the crowne is a thing incorporate and discendeth not according to the cōmon course of other priuate inheritances but rather goeth by succession as other incorporations do in signe wherof no king can by law auoide his letters patents by reason of his nonage as other common heyres vnder age do but he is euer presumed to be of ful age in respect of his crowne euen as a prior parson deane or other head incorporat is vvhich can neuer be presumed to be vvithin age and so as any such head incorporate though he be an allien might inherite or demaund landes in this discourse is set downe and especially by the testimonie of the L. Paget and Syr Edward Montague that said the stamp was put vnto it after the king vvas past sense yet they of the house of Suffolke are not satisfied vvith that answere for that they say that at least howsoeuer that matter of the late sealing be yet seing the king willed it to be donne drawen out and sealed it appeareth hereby that this was the last vvil and iudgment of king Henry and not reuoked by hym vvhich is sufficient saye these men to answere the intent and meaning of the realme and the authority committed to him by the foresaid two acts of parlament for the disposing of the succession vvhich tvvo acts say these men conteyning the vvhole authority of the common vvealth so seriously and deliberately giuē in so weightie an affaire may not in reason be deluded or ouer throwne now by the saying of one or two men who for pleasing or contenting of the tyme wherin they spake might say or gesse that the kings memorie vvas past vvhen the stampe was put vnto his testament vvhich if it vvere so yet if he commanded as hath byn saide the thing to be done vvhile he had memory as it may appeare he did both by the wittnesses that subscribed and by the enrolement therof in the chancery no man can deny but that this vvas the kings last wil vvhich is cnoughe for satisfying the parlamēts intention as these men do affirme A fourth argument is made against the king of Scotts succession by al the other competitors iointly and it seemeth to them to be an argument that hath no solution or reply for that it is grounded vppon a playne fresh statute made in the parlament holden in the 27. yeare if I erre not of her Maiesty that now is vvherin is enacted decreed that whosoeuer shal be cōuinced to conspire attempt or procure the death of the Queene or to be priuy or accessatie to the same shal loose al right title pretence clay me or action that the same parties or their heyrcs haue or may haue to the crowne of Ingland Vppon which statute seing that afterward the lady Mary late Queene of Scotlād mother of this king was condemned and executed by the authority of the said parlament it seemeth euident vnto these men that this king vvho pretendeth al his right to the crowne of Ingland by his said mother can haue none at al. And these are the reasons proofes arguments which diuers men do alleage against the right of succession pretended by the king of Scots But nowe if we leaue this pointe which concerneth the very right it self of his succescession by blood wil come to examine other reasons and considerations of state and those in particuler vvhich before I haue mentioned that his fauourers do alleage for the vtility and common good that may be presumed will rise to the realme of Ingland by his admission to our crowne as also the other point also of establishment of religiō by them mētioned then I say these other mē that are against his entrance do produce many other reasons and considerations also of great inconueniences as to them they seeme against this pointe of his admission and their reasons are these that follow First touching the publique good of the Inglish common wealth by the vniting of both realmes of Ingland Scotland together these men do saye that it is very doubtful and disputable whether the state of Ingland shal receaue good or harme therby if the saide vnion could be brought to passe First for that the state and condition of Scotlād wel cōsidered it seemeth that it can bring no other commodity to Ingland then increase of subiects and those rather to participate the commodities and riches of Ingland then to impart any from Scotland And then secondly
of Hartford and their frendes do alleage that they do discend of lady Francis the elder sister of lady Elenor and so by law and reason are to be preferred but the other house alleageth against this two impediments the one that the lady Margaret countesse of Darby now lyuing is neerer by one degree to the stemme that is to king Henry the seuenth then are the children of the earle of Hartford and consequently according to that which in the former fourth chapter hath bin declared she is to be preferred albeit the children of the said earle vvere legitimate Secondly they do affirme that the said children of the eatle of Hartford by the lady Catherin Gray many waies are illegitimate First for that the said lady Catherin Gray their mother was lawfully married before to the earle of Penbrok now liuing as hath bin touched and publike recordes do testifie and not lawfully seperated nor by lawful authority nor for iust causes but only for temporal and wordly respects for that the house of Suffolk was come into misery disgrace vvherby she remayned stil his true wife in deede and before God so could haue no lawful children by an other whiles he liued as yet he doth Agayne they proue the illegitimatiō of these children of the earle of Hartford for that it could neuer be lawfully proued that the said earle and the lady Catherin were married but only by their owne assertions vvhich in law is not holden sufficient for which occasion the said pretended marriage vvas disanulled in the court of arches by publique definitiue sentence of Doctor Parker archbishop of Canterbury and prymate of Ingland not long after the birth of the said children Further-more they do add yet an other bastardy also in the birth of lady Catherin her selfe for that her father lord Henry Gray marques of Docset was knowne to haue a lawful wife aliue vvhen he married the lady Francis daughter and heyre of the Queene of France of Charles Brandon duke of Suffolke and mother of this lady Catherin for obteyning of which great marriage the said marques put away his foresaid lawful vvife vvhich was sister to the L. Henry Fytzallen earle of Arondel vvhich disorder was occasion of much vnkindnes and hatred betweene the said marques and earle euer after But the power of the marques and fauour vvith king Henry in womens matters vvas so great at that tyme as the earle could haue no remedie but only that his said sister vvho liued many yeares after had an annuitye out of the said marques lands during her life liued some yeares after the said marques aftervvards made duke vvas put to death in Queene Maries tyme. These then are three waies by vvhich the family of Darby do argue the issue of Hartford to be illegitimate but the other two houses of Scotland and Clarence do vrge a former bastardy also that is common to them both to wit both against the lady Francis and the lady Eleanor for that the lord Charles Brandon also duke of Suffolk had a wife a liue as before hath bin signified when he married the lady Mary Queene of France by vvhich former wife he had issue the lady Powyse I meane the vvife of my lord Powyse of Poystlandes in VVales how long after the new marriage of her husband Charles Brandon this former vvife did liue I cannot set downe distinctly though I think it were not hard to take particuler information therof in Ingland by the register of the church wherin she vvas buried but the frēdes of the countesse of Darby do affirme that she died before the birth of L. Eleanor the second daughter though after the birthe of lady Francis and thereby they do seeke to cleare the familie of Darby of this bastardye and to lay al foure vppon the childen of Hartford before mentioned but this is easy to be knowne verified by the meanes before signified But now the frendes of Hartford do answere to al these bastardies that for the first two pretended by the marriages of the two dukes of Suffolk they saye that either the causes might be such as their deuorces with their former 〈◊〉 〈◊〉 be lawful and proue them no marriages and so giue them place to marrie againe or els that the said former wiues dyd dye before these dukes that had bin their husbands so as by a post-contract and second new consent giuen betweene the parties vvhen they vvere now free the said later marriages vvhich vvere not good at the begining might come to be lawful aftervvards according as the law permitteth notwithstanding that children begotten in suche pretēded marriages where one partye is alredy bounde are not made legitimat by subsequent trew marriage of their parentes this for the first two bastardies But as for the third illegitimation of the contract betweene the lady Catherin and the earle of Hartford by reason of a precontract made betweene the said lady Catherin and the earle of Penbroke that now liueth they saye and affirme that precontract to haue bin dissolued afterward lawfully and iudicially in the tyme of Queene Mary There remayneth then only the fourth obiectrō about the secret marriage made betweene the said lady Catherin and the earle of Hartford before the birth of their eldest sonne now called L. Beacham vvhich to say the truth seemeth the hardest pointe to be answered for albeit in the sight of God that marriage might be good and lawful if before their carnal knowledge they gaue mutual consent the one to the other to be man and vvife and vvith that mynde and intention had carnal copulation vvhich thing is also allowed by the late councel of Trent it selfe which disanulleth otherwise al clandestine and secret contracts in such states and countries vvher the authoritie of the said councel is receaued and admitted yet to iustifie these kide of marriages in the face of the church and to make the issue therof legitimate and inheritable to estates and possessions it is necessary by al law and in al nations that there should be some vvitnes to testifie this consent and contract of the parties before their carnal knowledge for that otherwise it should lye in euery particuler mans hand to legitimate any bastard of his by his only woord to the preiudice of others that might in equitie of succession pretend to be his heyres and therfore no doubt but that the Archbishop of Canterbury had great reason to pronounce this contract of the lady Catherin and the earle of Hartford to be insufficient and vnlawful though themselues did affirme that they had giuen mutual consent before of being man vvife and that they came together animo maritali as the law of wedlock requireth but yet for that they were not able to proue their said former consent by lawful vvitnesses their saide coniunction was rightly pronounced vnlawful and so I conclude that the first sonne of these tvvo parties
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
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
the lawes of Ingland and not by the lawes of other forrayne countryes it followeth that the selfe same right of succession that is pretended at this day by the princes of Portugal for succeding the said lady Phillippe should be determined only by the lawes of Ingland where representation taketh place and not by the lawes of any other nation Thus say they But against this others do alleage that the question is not heer by vvhat law this pretence of the blood royal of Portugal to the crowne of Ingland is to be tried but rather vvho is the true and next heyre and successor vnto K. Iohn the first and to his wife Queene lady Phillippe heyre of the house of Lancaster which two priuces vvere king and Queene of Portugal their true heyre at this day hath the forenamed pretence to the crowne of Ingland which true and next heyre being once knowne it litle importeth by what law he pretendeth his said right to Ingland whether by that of Inglād or by this of Portugal or by bothe thoughe to determine this first and chief point vvho is the next and true heyre vnto these foresaid king Queene of Portugal the lawes of Portugal must needes be iudge not those of Ingland and so seing that by these lawes of Portugal the king of Spayne is now adiudged for next heyre to the said princes and is in possession of their inheritance at this day I meane of the crowne of Portugal these mē say that he must consequently inherite also al other rightes dignities and prerogatiues belonging to the foresaid princes or to their posteritie And thus you see now how great diuersitie of arguments and obiections are and may be alleaged on different sides about this affayre wherby also is made manifest how doubtful ambiguous a matter this pointe of Inglish succession is seing that in one only branch of the pretenders vvhich is in the house of Portugal alone their are so many difficulties as heere hath byn touched But now the common obiection against al these titles and titlers is that they are old and out of vre and not to be brought in question againe now especially seing that both king Henry the seuenth and his issue haue enioyed so long the title of the house of Lancaster as it hath and secondly that these titles do apperteyne vnto strangers vvhose gouerment may be dangerous many wayes vnto Ingland and especially in that which toucheth the king of Spayne who being so great and mightye a monarch as he is may preiudice greatly the Inglish libertye and easely bring them into seruitude if his pretence should be fauoured as by some it seemeth to be This is the speach of many men in Ingland and abroad at this day wherunto yet some others do answer that as concerning the first obiection of the oldnes of the pretence title it hath bin shewed before that by law no title to a kingdome dyeth euer but may take place vvhensoeuer the partie to vvhom it belongeth is able to auouch it and gett possession and as for this pretence of the line of Portugal they say that it hath not such great age but that very vvel it may shew it selfe and be had in consideracion especially at this tyme vvhen now the issue male of king Henry the seuenth is ended and that of necessitie vve must returne to haue consideration of the issue of his daughters before vvhich daughters good reason say these men is it that the issue of lady Phillippe Queene of Portugal should be admitted for that albeit vve vvould haue that respect to the issue male of Iohn Earle of Somerset as to preferr it or suffer it to enioy the crowne before the issue of Queene Phillippe and so they say it seemeth that it was for that king Henry the seuenth vvas crowned king his mother being a liue vvhich yet by ordinary course of succession should haue gone before him yet say they it is no reason that the issue female of Iohn of Somerset or of king Henry the seuenth should be preferred before the issue male of the said Queene Phillippe Moreouer they saye that the house of Clarence and Huntington do pretend a title more old and stale at this day then this of Portugal for that they pretend from George duke of Clarence that neuer had the crowne and these of Portugal pretend to be next heyre to king Henry the sixt that did vveere the crowne of Ingland for 40. yeares togeather after whose death if king Alfonsus of Portugal who vvas then old vvearied with euel successe of warres had bin so able to preferr and follow his title as some of that house be at this day he vvould neuer haue suffered the house of York to haue entred nor king Henry the seuenth to haue enioyed it after them by the title of Lancaster vvhich title yet of Lancaster say these men king Henry the seuenth could not haue in himselfe any vvay vvhether we respect Queene Phillippe or Iohn of Somerset for by Queene Phillippe they of Portugal were euidently before him and by waye of Iohn of Somerset the countesse his mother vvas as cleerly before hym nether could he haue any title as yet by the house of Yorke for that he vvas not yet married to the daughter of king Edward so as his crowning in the feild and whole entrance to the kingdome vvas without any actual title at al but only the good will of the people as these men do hold To the other obiection of forraine princes strange gouerment that may come to Ingland by these pretences of the princes of Portugal diuers men do answer diuersly for some do graunt that it may be so that by this meanes Ingland may come to be vnder forayne kinges and that no hurt or inconuenience at al would ensue therof to Ingland but rather much good and commoditie but other that like not vvell of this assertion do say further that if these forrayne pretence should take place yet that al matters might be so compounded that albeit the prince himselfe which is to rule should be forrayne borne vvhich they take to be no inconuenience yet that his forces and dependance should be only of the Inglish for that he should not bring in any strainge powers into the land no more them did king Stephen or king Henry the second that were borne in France or then did king Phillip of Spayne in Queene Maryes dayes or as it is thought Monsieur of France should haue done if he had married her Maiestie that now is as once it was supposed he should To this said one of the companie and is it possible that any man should be of opiniō that forrayne gouerment in what manner or kinde so euerit be should not be iuconuenient and hurtfull to Inglād wher the people are vvholye bent against it you remember quoth he as concering the last two examples that you haue alleaged what tumult and sture
and submit themselues their the said Romans vsed al fauour and moderatiō so as it is written of them in the first booke of Machabeis Et audiuit Iudas nomen Romanorum quia sunt potentes viribus acquiescunt ad omnia quae postulantur ab eis that is And Iudas Machabeus hard the name and fame of the Romans how they vvere potent in strenght and yet so gentle as they yeilded to al that was demaunded at their handes And finally their gouerment vvas so iust cōsiderat sweete and modest vppon al forrayne nations vvhich they had conquered as it alured diuers nations to desire to be vnder them and to be ridd of their owne natural kinges as of the subiectes of Antiochus and Methridates kings of Asia and of Pontus vve do reade and some other princes also therby to gratifie their subiects did nominate the Roman Empire for their successor as did king Attalus king of Pergamus and Ptolomie of AEgypt and others and it is the common opinion of lerned men that the world vvas neuer more happelie gouerned then vnder the Romans and yet vvere they strangers to most of their subiects ouer vvhich they gouerned and vnto whom they were most strangers that is to say vnto such as were furthest of from them to those dyd they vse alwayes most fauoures and gaue them most priuileges as bothe wisdome and reason of state did require for that those people had most abillity to rise against them and to rebell so as this circumstance of being strangers hurted them nothing but rather profited them much The like rule of pollicy and of state haue al great Monarchies vsed euer since that is to say to shew most fauour to such subiects as be most straingers and fardest from them and on the contrary side if any be to be pressed more then others to presse and burthen them most that be most natural and neerest home most vnder and in subiection and surest to obey and this is euidently seene felt and practised by al the great states this day of the world so as it cānot be denyed For if we looke but into france vve shal finde that the states of Gascony and Guyne which are furdest of from the court were once strāgers gotten by force from the Inglish do pay far lesse tributes at this daye to the French kinge then those that be of the I le of france it selfe and are properly french and in like manner the Britons which came to that crowne by marriage and vvere old enimies do pay much lesse yet then the Gascoyns and in a manner do paye nothing at al and the Normans do pay some what more then any of the two for that they do lye somwhat neerer to Parris and therby are more in snbiection to the prince though yet they pay lesse then the natural Frenchmen The Candians also which is an Iland a part and standeth vnder the Venetians do not pay the third part of the impositions as by my owne information I lerned when I trauiled Italie that do the natural subiects of the Venetian state in Italie What shal I say of the kingdomes and states of Naples Sicilie and Millan subiect to the king of Spaine and gotten by conquest as hath bin said and yet pay they no one penny of that ancient great imposition vsed in Spaine called the Alcaualla which is the tenth penny of al that is bought and sold nor are they subiect to the Inquisition of Spaine at least Naples and Millan nor to many other dutyes tributs and impositions vvhich the natural spaniard is subiect vnto nor is their any law or edict made in Spaine that holdeth in those countries except it be allowed ratified and confirmed by those states themselues nor may any of their old priuileges be infringed but by their owne consents and when the king requireth any extraordinary subsides in Spaine they beare no part therof Whervppon these men do aske vvhat it hurteth these states that they are strāgers or vnder straingers or vvhat priueledge is it to the spaniard at home that he is only vnder his hom borne king if he receaue lesse benifits by that then doth the strainger And is not the like also vsed by the state of Ingland towards Ireland are not the fauours and indulgences vsed towardes the ciuil Irish that liue in peace much more then to the Inglish themselues in Inglad For first their taxes and payments be much lesse the lawes of Ingland bynd them not excepte they be allowed and receaued by their owne parlament in Ireland For matters of religion they are pressed much lesse then home-borne subiects albeit their affections to the Roman religion be knowne to be much more vniuersal then it is in Ingland In al criminal affayres punishing of delictes the manner of proceeding against the Irish is much more remisse milde gētle then with the subiects of Ingland so as their being strangers semeth rather a priuilege then a hindrance vnto them But in no other country is this thing more euidently to be considered then in the states of Flanders low countryes which by in heritāce as hath bin said came to be vnder forayne gouermēt but so much to their good aduancement that in a very few yeares as scarse is credible except to him that vnderstādeth their former state vvhē they were vnder their hom-borne princes do cōpare it vvith that which after they came vnto vnder the house of Austria vnited vnto the crowne of Spaine For before for many hundreth yeares a man shal read nothing almost in their storyes but warr sedition and blood shed among themselues and this either one state whith an other before they were vnited together al vnder one prince or els with the kingdome of France of whom in those dayes they depended or els and this most of al agaynst their owne Princes of whom some haue bin so fearce and cruel vnto them as they haue shed infinite quantity of their blood and among others I read of their Counte Luys that in one day he put to death fiue hundred of them by sentence of iustice in Bruxelles and an other day within the same yeare he caused a bout a thousand to be burned to death in a churh of the towne of Neuel besides infinite others whom in diuers battailes and skirimshes he slew so as often tymes the country lay almost desolate through their domestical afflictions But now since the tyme that the states came to be vnder Phillip the first Archduke of Austria and after king of Spayne and so remayned vnder his sonne Charles the Emperor and his nephew Phillip the second that now liueth vntil the late troubles and rebellions which was about the space of fifty yeares that they so continued in peace before their rebelliō it is almost incredible how those states increased in wealth peace and dignitie so that as Guycciardin the Italian historiographer noteth
in his description of those countryes the whole wealth and riches of the world seemed to slow thither and I my selfe can remember to haue seene such exceding abundance in very ordinairy men of this country both for their dyet apparrel furniture of house and the like as was wonder ful besides that for their nobilitie they were al great Princes for that euery one had his prouince or great towne in gouerment which they ruled whith that pompe and honor as if they had bin absolute lordes themselues by reason of the farr distance of their supreme Prince and so they were receaued whith publique honor of al citties and townes their charges borne wheresoeuer they passed as such high estates are wont to be And albeit they had euer commonly a strainger for supreme gouernor among them vnder their kinge which bare the name to be aboue them yet did he in deed nothing but as they would haue him and this partly for that his time of gouerment being but short he alwaies attended principally to gett the good willes of the people and to hold them contented and therby to be grat-ful to his king at his returne home and partly also for that if he should attempt to do any thing against their myndes and liking they made reply by their president and Chancelor and other of their owne Councelers residing for the Flemish nation in the court of Spayne for this nation hath alwaies a particuler councel ther about the king as al other forayne nations also haue that are vnder him and by this meanes they obteyned lightly what they would and brought the gouernor to what they pleased so as in effect they were absolute kings in themselues wrought their willes in euery thing this in that tyme while the country was quiet But now since their reuolt which hath indured almose these foure or fiue and twenty yeares what hath succeded surely their hath not a quarter so many bin punished or put to death in al these yeares by order of Iustice of their king absent as before I haue shewed that there were in one day by their owne earles and dukes when they were present that vppon far lesse occasion and cause giuen then are these for if we take away the two noble men Egmond and Horne put to death at the beginning of these Flemish troobles by the duke of Alua for which some men say also that he had no thanke afterward by the king no man of importance hath bin since executed and the cheefest townes that haue bin and are agaynst the king in Holland and Zeland are suffred vntil this day to traffique freely into Spayne and yet we know that for a little beginning of a certayne tumult this last yeare past in Spayne it selfe to wit in the kingdome of Aragon many heades haue bin stroken of and much iustice done where of then riseth this differēce no doubt for that the Flemmings are straingers far of and the other neere at home natural borne so as this circumstance of being a stranger and dwelling far of doth them great pleasure and giueth them priuilege aboue the homborne subiects The like I might shew for this matter of punishment in the fore said states of Italie where if a mā do compare the number of them that were put to death pulled downe or afflicted by order of Iustice and other wise at the commandement of the Prince in tyme of their owne home-borne kings with that which hath bin since especially of the nobility you shal not finde one for twenty and the reason of this is for that their owne kings were absolute and had to giue accompt to no man of their doings and for that they were men and had their passions and emulations with the nobilitie and might put the same in execution without accompt or controlment they pulled downe set vp at their pleasure and made oftentymes but a iest of noblemens liues and deathes but now these that are gouernours viceroyes for a forraine prince first they haue not so great authority or comission as to touch any such principal persons liues whithout giuing relation therof first vnto their king councel and receaue againe particuler order for the same and then they knowing that after their three yeares gouermēt is ended they must be priuate men againe and stay their 40. dayes as subiects vnder the next new gouernour to giue a reconning of their doings against al that shal accuse them which in these countryes they call to make their residence they take heede what they doe and whom they offend so as the condition of nobility is far different vnder such a strainge gouerment as this is termed then vnder a natural Prince of their owne country which oppresseth them at his pleasure But now to draw neer homward if we wil examine and considerer what hath passed in Ingland in this point of massacring our nobility by our domestical Princes it is a matter lamentable for it may seeme that they haue serued oftentymes for our Princes to make disport to play whith their heades And to let passe al those which in tyme of warres rebellions comotions haue bin cut of which occasions may seeme more iustifiable I do read also in our chronicles that 2 Sangue freddo as the Italian sayth that is to say in tyme of peace and by execution of iustice at the Princes appoyntment these noblemen following and knyghts by name were put to death with in the space of one fiue yeares in king Henry the fourth his dayes The duke of Excester the duke of Surrey the Archbis hop of Yorke the earles of Salisbury of Glocester of Worcester and of Huntington The earle mowbray earle marshal The Baron of Kinderton S. Roger Clarington bastard sonne of Edward the black Prince S. Thomas Blunr S. Barnard Rocas S. Richard Vernon And agayne soone aftervnder king Edward the fourth in almost whith in as litle space The dukes of Somerset and of Excester The earles of Deuonshire of Oxford and of Keyns The Lord Rosse the Lord Molyns S. Thomas Tudingham S. Phillip Wentworth S. Thomas fyndam and many others afterward for this was but at the beginning of his reigne which number of nobility if a man should haue seene them aliue together with their traynes before they had bin put downe he would haue said they had bin a very goodly company pitiful that so many of our owne nobilitie should be brought by our own Princes to such confusion But yet this matter may seeme perhapps the lesse maruelous and more excusable vnder those two kings for that troobles and contentions had passed a little before in the realme about the succession and heervppon so many of the nobility might be cut of but let vs see then what ensued afterwards when thinges were established and al doubt of contention about the succession taken away as in king Henry the eight his dayes it was and yet do
with the course of that Lord hitherto and do thinke that they should do much better with his brother if so be he shal be thought more fitt yet are thease things vncertaine as we see but not withstanding such is the nature and fashon of man to hope euer great matters of youthes especially Princes God send al iust desires to take place and with this I wil ende and passe no further hoping that I haue performed the effect of my promisse made vnto you at the beginninge FINIS A â—â—rfect and exact Arbor and geneaâ—â—gie of al the Kynges Queenes and Prinâ—â—â— of the blood royal of EnglaÌ„d from the tâ—me of William the conqueror vnto our tâ—â—e wherby are to be seene the groundes oâ—â— the pretenders to the same crowne at thiâ—â—aye accordinge to the booke of M. R. Dâ—â—man set foorthe of the sayde pretenders and their seueral claymes this present yeare 1594. The ancient howses of the blood royal of England are the howse of Lancaster that beareth the redd rose and the howse of Yorke that beareth the vvhyte and then the howse of Britanie and France ioyned in one And out of these are made fiue particular howses which are the howse of ScotlaÌ„d of Suffolke of Clarence of Britanie of Portugal and in these are twelue different persons that by waye of succission do pretende eche one of theÌ„ to be next after her Maiestie that now is as by the booke appeareth Polyd in vita H. s. OccasioÌ„s of meeting The matter of succession discussed M. Bromely M. V VeÌ„rvvorth Tvvo lavvers Many pre tendors to the crovvne of InglaÌ„d SuccessioÌ„ doubtful vvhy Three or fovver principal heades of praetendors 1. Lancaster 2. Yorke 3. The tvvo houses ioyned Circumstances of the tyme present The Roman conclaue SuccessioÌ„ includeth also some kinde of election Of this more aftervvards Cap 4. 5. Neernes only in blood not sufficient More to be considered besides succession in the pretendors Tvvo principal pointes handled in this booke Tvvo partes of this conference Bellay apollog pro reg cap. 20. Not only successioÌ„ sufficient That no perticuler forme of gouermeÌ„t is of natu re To liue in company is natural to man the grouÌ„d of al com moÌ„ vvealthes Plato de repub Cicero de repub Aristotle polit Diuers praefes 1. InclinatioÌ„ vniuersal Pompon Mesa lib. 3. cap. 3. 4 Tacit. l. 8. 2. Aristot. l. 1. pol. c. 1. 2. 3. 4. Imbecilility of man Theoph. lib. de Plaut Plu tarch coÌ„de fortuna lib. de pietatem in parent Note this saying of Aristotle 4. The vse of iustice and FreÌ„ship Cicero lib. de amicitia The vse of charity helping one an other August lib. de amicitia Gen. 2. v. 18. That gouermeÌ„t iurisdiction of Magestrats is also of nature Necessity Iob 10. v. 12. 2. Consent of natioÌ„s Cicero li. 1. de natu ra DeoruÌ„ 3. The ciuil lavv Lib. 1. digest tit 2. 1. Scripture Prou. 2. Rom. 13. Particuler forme of gouermeÌ„t is free Arist. li. 2. polit Diuersitie of gouerment in diuers coÌ„tryes and tymes Rome Africa Greece Italie Dukes for kings and kings for dukes Spayne Boeme Polonia England The Ievves lib. Genes Lib. Exo. Lib. Iob. Lib. Iud. Lib. 1. Reg. Lib. Machab The realme chuseth her forme of gouermeÌ„t The common vvealth limiteth the gouernors authority A Natural Prince A monarchy the best gouerment A rist li. 4. pol. a. c. 9. Seneca Plutarch The antiquity of Monarchy 1 Reg. 8. Dionys. Haly l. 5. Cornel. Tacit. l. 3. Cicero l. 1. Offic. Hierom. l. 2. epist. 12 Chrisost. ho. 23. 1. Pet. 2. Tvvo poyntes to be noted Hovv S. Peter calleth a king most excellent Vtilites of a kingdome and in conueniences of other gouermentes Cicerol x offic Democratia Miseries of populer gouerment in Italy Aristocratia 〈◊〉 〈◊〉 l. 30. Eutrop. l. 3. Oros. l. 5. 6. The cause vvhy lavves be added to Kings Arist. l. 3. pol. c. vlt. A notable saying Arist. l. 3. Pol. c. 12. Arist. l. 1. Pol. c. 2. Diuers names propeties of lavves Cie lib. 2. offic Lavv is the discipline of a vveale pu blique Psal. 2. The CouÌ„cels of Princes a great healp Arist. l. 4. Pol. c. 10. The monarchie of Inglad reÌ„pered The restraints of kingly po vver in al estates Roman Kings Liu. lib. 1. dec 1. Grecian kings Arist. li. 2. c. 8. polit Plutarch in Lycurg Cic. lib. 2. 〈◊〉 Ciclib 3. de 〈◊〉 Restraints of kingdomes in Europe Sleydan lib. 8. An. 1532. Blond Di cad 2. li. 3 Crant li. cap. 25. Kingdomes of polonia and Boemia Herbert li. 9. hist. Polon Cromerus lib. 3. Hist. Polon Kinges of Spayne Fraunce and Ingland Concil blet 4. c. 74. coÌ„cil s. c. 3. Peculiar manner of succession An. 1340. Paul Anil hist. Franc. l. 2. Gerard. du Hayllan lib. 14 hist. FraÌ„c Fran. Belfor llb. 5. cap. 1. An. 1327. Reasons for succession of vvomen The infanta of Spayne Prince of Lorayne Gerard du Haillan Lib. 13. Hist. FraÌ„c Anno 1317. lib. 14. An. 1328. lib. 3. de l'Estat defrunaee Kings lavvfully possessed may be depriued A markable circuÌ„stance Agaynst rebellious people and contemnors of Princes 〈◊〉 flateries 〈◊〉 by Bellay others Belloy in apolog cath apolog pro rege The purpose of the next Chapter Tvvo pointes to be proued Nothing hear spokeÌ„ against devv respect to Princes Depriuations of kings recounted in scriptu re 1. Reg. 31. 4. Reg. 21. 44. King Iosias 2. Paralip 34. 〈◊〉 2. Paralip 35. King Dauid XenophoÌ„ in Cyropaed Nich. Machal l. 2. c. 2. in Tit. Liuius August l. de Gran. The vvisdome and piety of King Dauid 1. Paralip 15. 1. Psal. 24. 25. Thearmes of King Dauid His valor in chiualry King Dauides victoires 2. Reg. 8. Paral. 18 〈◊〉 2. Reg. 23 Ioseph l. 7 antiq c. 10 2. Reg. 7. His humi lity charity and dc uotion Kings pur doune among the romaÌ„s vvhat successors they had Halicar l. 1. Tertul. li. de praescrip contta haeres Iustin. martyr apolog Tit. liu li. 1. dec 〈◊〉 Eutrop. l. 1. Caesar Au gustus Dion in Caesa. Sueton in Caesa. Nero Vespatian Cornel. Tacit. lib. 20. 21. Egesip l. 5 Eutrop. in vita Caesa. Heliogabolus An. DnÌ„i 124. Alius laÌ„p in vita Heliog AlexaÌ„der Seuerus Herod in vit seuen MaxeÌ„tiua Constantin The chan ge of the east empy re Charles the greate An. 800. Tvvo changs in France Belfor l. 1 Girard l. 3 AEmil l. 2 Clem. Baudin en la chro mique des Roys de France Reasons of depriuation Hugo 〈◊〉 anno 988. Examples of Spayne Concil Tolet. 4. cap. 4. Ambros moral 1. II cap. 17. Isidor in 〈◊〉 hispan Esteuan de Garibay 1. 13 de la hist. de Espa. c. 15. Tabulae Astron. Alfonsinae King Don Alonso deposed Don Pedro cruel deposed Garibay l. 14. c. 40. 41. In Portugal King DoÌ„ Sancho 2. deposed Garibay lib. 4 de hist. Portug c. 19. Lib
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
vvife the lady Gertrude taking from her al her goodes landes and inheritance and committed to perpetual prison their only sonne and heyre lord Edward Courtney being then but a childe of seuen yeares old vvhich remayned so there vntil many yeares after he vvas set at libertie and restored to his liuing by Queene Mary Moreouer he put to death the lady 〈◊〉 Plantagenet Countesse of Salisbury daughter of George duke of Clarence that vvas brother of his grandfather king Edward the fourth vvith her he put to death also her eldest sonne and heyre Thomas Poole lord Montague and committed to perpetual prison where soone after also he ended his life a little infant named Henry Poole his sonne and heyre condemned to death by act of parlament although absent Renald Pole brother to the said lord Montague Cardinal in Rome wherby he ouerthrew also the noble house of Salisbury and vvarwick nether need I to go further in this relation though these men do note also how Edward the sixt put to death two of his owne vncles the Seymers or at least it vvas done by his authority and how that vnder her Maiestie that now is the Queene of Scotland that vvas next in 〈◊〉 of any other liuing the chiefe titler of the honse of Yorke hath also bin put to death Lastly they do note and I may not omit it that their is no noble house standing at this day in Ingland in the ancient state of calling that it had and in that dignity and degree that it vvas in vvhen the house of Yorke entred to the crowne if it be aboue the state of a barony but only such as defended the right and interest of the houses of Lancaster and that al other great houses that toke parte vvith the house of Yorke and did helpe to ruine the house of Lancaster be either ceased since or extyrpated and ouer throwne by the same house of Yorke it selfe which they assisted to gett the crowne so at this present they be either vnited to the crowne by confiscatiō or transferred to other Images that are strangers to them who possessed thē before As for example the ancient houses of Inglād that remaine at this day were stāding whē the house of Yorke begā ther title are the houses of Arōdel Oxford Northūberland Westmerland Shrewsbery for al other that are in Ingland at this day aboue the dignity of Barons haue bin aduanced since that tyme and al these fiue houses vvere these that principally did stick vnto the house of Lancaster as is euident by al Inglish chronicles For that the earle of Arondel brought in king Henry the fourth first king of the house of Lancaster and did helpe to place him in the dignity royal comming out of France vvith him The earle of Oxford and his sonne the lord Vere were so earnest in the defence of king Hēry the sixt as they were both slayne by king Edward the fourth and Iohn earle of Oxford vvas one of the principal assistāts of Hēry the seuēth to take the crowne frō Richard the third The house of Northumberland also was a principal ayder to Henry the fourth in getting the crowne and two earles of that name to wit Henry the second and third were slayne in the quarrel of king Henry the sixt one in the battel of S. Albons and the other of Saxton and a third earle named Henry the fourth fled into Scotlād vvith the said king Henry the sixt The house of Westmerland also vvas chiefe aduācer of Hēry the fourth to the crowne the secōd earle of that house vvas slayne in the party of Henry the sixt in the said bartaile of Saxton and Iohn earle of Shrewsbury vvas likevvise slayne in defence of the title of Lancaster in the bartaile of Northamptō and I omit many other great seruices and faithful endeuours vvhich many Princes of these fiue noble anciēt houses did in the defence of the Lancastrian kings vvhich these men say that God hath revvarded vvith continuance of their howses vnto this day But on the contrary side these men do note that al the old houses that principally assisted The title of Yorke are now extinguished and that chiefly by the kings themselues of that house as for example the principal peeres that assisted the family of Yorke vvere Moubray duke of Norfolke de la Poole duke of Suffolk the earle of Salisbury and the earle of Warwick of al which the euent was this Iohn Moubray duke of Norfolke the first confederat of the house of Yorke dyed soone after the exaltation of Edward the fourth vvithout ifsue and so that name of Moubray ceased and the title of the dukedome of Norfolke vvas transferred afterward by king Richard the third vnto the house of Howards Iohn de la Poole duke of Suffolke that married the sister of king Edward the fourth was his great assistant though he left three sonnes yet al were extinguished vvithout issue by helpe of the house of Yorke for that Edmond the eldest sonne duke of Suffolke vvas beheaded by king Henry the eight his brother Richard driuen out of the realme to his destruction as before hath bin shewed Iohn their brother earle of Lincolue was stayne at Stockfild in seruice of king Richard the third and so ended the line of de la Pooles Richard Neuel earle of Salisbury a chiefe enemy to the house of Lancaster and exalter of York vvas taken at the battaile of VVakefild and there beheaded leauing three sonnes Richard Iohn and George Richard vvas earle both of Salisbuty and Warwick surnamed the great earle of Warwick vvas he that placed king Edward the fourth in the royal seate by whome yet he vvas slayne afterward at Barnet and the landes of these two great earldomes of Salisbury and Warwick were vnited to the crowne by his attainder Iohn his yonger brother vvas Marques of montague and after al assistance giuen to the said king Edward the fourth of the howse of Yorke vvas slayne also by him at Barnet and his lands in like māner confiscate to the crowne vvhich yet vvere neuer restored againe George Neuel their yonger brother vvas Archbishop of Yorke vvas taken sent prisoner by the said king Edward vnto Guynes vvho shortly after pined avvay and dyed and this vvas the ende of al the principal frendes helpers aduancers of the house of Yorke as these men do alleage Wherfore they do conclude that for al these reasons many more that might be alleaged the title of Lancaster must needes seeme the better title which they do confirme by the general consent of al the realme at king Henry the seuenth his comming in to recouer the crowne from the house of Yorke as from vsurpers for hauing had the victory against king Richard they crowned him presētly in the field in the right of Lācaster before he married with the house of Yorke