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A09097 A conference about the next succession to the crowne of Ingland diuided into tvvo partes. VVhere-of the first conteyneth the discourse of a ciuill lavvyer, hovv and in vvhat manner propinquity of blood is to be preferred. And the second the speech of a temporall lavvyer, about the particuler titles of all such as do or may pretende vvithin Ingland or vvithout, to the next succession. VVhere vnto is also added a new & perfect arbor or genealogie of the discents of all the kinges and princes of Ingland, from the conquest vnto this day, whereby each mans pretence is made more plaine. Directed to the right honorable the earle of Essex of her Maiesties priuy councell, & of the noble order of the Garter. Published by R. Doleman. Allen, William, 1532-1594.; Parsons, Robert, 1546-1610, attributed name. 1595 (1595) STC 19398; ESTC S114150 274,124 500

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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 〈◊〉
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
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
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
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
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
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
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
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
discended from king VVilliam the Cōqueror by his eldest daughter lady Cōstance as also by diuers other participations of the blood royal of Ingland as aftervvards vvil appeare Now then to come to the second daughter of king VVilliam the Conqueror or rather the third for that the first of al vvas a Nonne as before hath byn noted her name vvas Adela or Alis as hath bin saide and she vvas marryed in France to Stephen counte Palatin of Champagne Charters and Bloys by whom she had a sonne called also Stephen vvho by his grand mother was earle also of Bollayne in Picardie and after the death of his vncle king Henry of Ingland vvas by the fauour of the Inglish nobility and especially by the helpe of his owne brother the Lord Henry of Bloys that vvas Bishop of Winchester and iointly Abbot of Glastenbury made kinge of England and this both in respect that Mathilda daughter of king Henry the first was a woman and her sonne Henry duke of Anjou a very childe one degree farther of from the Conqueror and from kings Rufus then Stephen vvas as also for that this king Henry the first as hath bin signified before vvas iudged by many to haue entred vvrongfully vnto the crowne and therby to haue made both himselfe and his posterity incapable of succession by the violence vvhich he vsed against both his elder brother Robart and his nephew duke VVilliam that vvas sonne and heyte to Robert vvho by nature and law were bothe of them held for soueraintes to Iohn by those that fauored them and their pretentions But yet howsoeuer this were we see that the duke of Britany that liued at that day should euidently haue succeded before Stephen for that he was discended of the elder daughter of the Conqueror and Stephen of the yonger though Stephen by the commodity he had of the neernes of his porte and hauen of Bullayne vnto Ingland as the French stories do saye for Calys vvas of no importance at that tyme and by the frendship and familiarity he had gotten in Ingland during the raigne of his two vncles king Rufus and king Henry and especially by the help of his brother the Bishop and Abbot as hath bin said he gat the start of al the rest and the states of Ingland admitted him This man although he had two sonnes namely Eustachius duke of Normandy and William earle of Norfolk yet left they no issue And his daughter Marie was maried to mathew of Fladers of whom if any issue remaines it fell afterward vppon the house of Austria that succeded in those states To king Stephen who left no issue succeded by compositiō after much warre Henry duke of Aniou sonne and heyre to Mathilda before named daughter of Henry the first which Henry named afterward the second tooke to wife Elenor daughter and heyre of VVilliam duke of Aquitaine earle of Poytiers which Elenor had bin marryed before to the king of France Lewis the 7. and bare him two daughters but vppon dislike conceaued by the one against the other they were deuorced vnder pretēce of being within the fowerth degree of consanguinitye and so by second marriage Elenor vvas vvife to this said Henry who afterward was king of Ingland by name of K. Henry the fecōd that procured the deathe of Thomas Becket archebishope of Canterbury and vvas both before and after the greatest enimye that euer Lewis the king of France had in the vvorld and much the greater for his marriage by vvhich Henry vvas made far stronger for by this woman he came to be duke of al Aquitaine that is of Gascony and Guyene and earle of al the coūtrey of Poytiers wheras beforealso by his fathers inheritance he vvas duke both of Anjou Tourayne and Mayne by his mother Mathilda king Henries daughter of Ingland he came to be king of Ingland duke of Normandie and by his owne industry he gat also to be lord of Ireland as also to bring Scotland vnder his homage so as he enlarged the kingdome of Ingland most of any other king before or after him This king Henry the second as Stow reconteth had by Lady Elenor fyue sonnes and three daughters His eldest sonne vvas named VVilliam that dyed yonge his seconde vvas Henry vvhom he caused to be crowned in his owne life tyme vvherby he receaued much trouble but in the end this sonne died before his father without issue His third sonne vvas Richard surnamed for his valour Cor de leon who reigned after his father by the name of Richard the first and died vvithout issue in the yeare of Christ 1199. Hys fovverth sonne named Geffrey maried lady Constance daughter and heyre of Britanie as before hath bin said and dying left a sonne by her named Arthur which vvas duke of Britanie after him and pretended also to be king of Ingland but vvas put by it by his vncle Iohn that tooke him also prisoner and kept him so in the castel first of fallaise in Normandie and then in Roan vntil he caused him to be put to death or slew him vvith his owne hands as Frēch stories vvrite in the yeare 1204. This duke Arthur left behind him two sisters as Stow writeth in his chronicles but others write that it was but one and at least wise I fynde but one named by the french stories which vvas Elenor whom they saye king Iohn also caused to be muthered in Ingland a a litle before her brother the duke vvas put to death in Normandie and this was the end of the issue of Geffrey whose vvife Constance duchesse of Britanie marryed againe after this murther of her children vnto one Guy Vicond of Touars and had by him two daughters wherof the eldest named Alis was duchefse of Britanie by vvhome the race hath bin continued vnto our tyme. The fift sonne of king Henry the second was named Iohn who after the death of his brother Richard by help of his mother Elenor and of Hubert Archbishop of Canterbury drawen therunto by his said mother gat to be king and put back his nephew Arthur vvhom king Richard before his departure to the war of the holy land had caused to be declared heyre apparent but Iohn preuayled and made away both nephew and Neece as before hath bin saide for which fact he vvas detested of many in the world abroade and in France by acte of parlament depriued of al the states he had in those partes Soone after also the pope gaue sentence of depriuation against him and his owne barons tooke armes to execute the sentence and finally they deposed both him and his yong sonne Henry being then but a child of 8. yeares old and this in the 18. yeare of his reigne and in the yeare of Christ 1215. and Levvis the 8. of that name prince at that tyme but afterward king of France was chosen king of Ingland sworne in Londō and
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
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
at his pleasure without law as Titus 〈◊〉 〈◊〉 for which cause the senators at length 〈◊〉 him and cut him in smal peces And aftervards they were greatly greeued at the entring of Seruius Tullius their sixt king for that he gaue the crowne by fraude and not by election of the senate and special approbation of the people as he should haue done but most of al they were exasperated by the proceeding of their seuenth kinge named Lucius Tarquinas surnamed the proud who for that as Liuius faith he neglected the lawes of gouerment prescribed no him by the common wealth as namely in that he consulted not with the senate in matters of great importance for that he made war peace of his owne head for that he appoynted to himselfe a gard as though he had mistrusted the people and for that he did vse ininstice to diuers particuler men and suffred his children to be insolent he was expelled with al his posterity and the gouerment of Rome changed from a kingdome vnto the regiment of consuls after two hundreth yeares that the other had endured And thus much for those kingdomes of Italy and Greece And if likewise we wil looke vppon other kingdomes of Europe we shal see the very same to wit that euery kingdome countrey hath his particuler lawes prescribed to their kings by the common vvealth both for their gouerment authority and succession in the same for if we behold the Romā Empire it selfe as it is at this day annexed to the Germaine electors though it be the first in dignity among christian Princes yet shal we see it so restrayned by particuler lawes as the Emperor can do much lesse in his state then other kings in theirs for he can nether make vvarr nor exact any contribution of men or money therunto but by the free leaue and consent of al the states of the Germayne diet or parlament and for his children or next in kynn they haue no action interest or pretence at al to succed in their fathers dignity but only by free electiō if they shal be thought vvorthy Nay one of the chiefest poynts that the Emperor must sweare at his entrance as Sleydan writeth is this that he shal neuer go about to make the dignity of the Emperor peculiar or hereditary to his family but leaue it vnto the seuen electors free in their power to chuse his successor according to the law made by the pope Gregory the fyfth and the Emperor Charles the fourth in this behalfe The kingdomes of Polonia Boemia do go much after the same fashion both for there restrainte of power and succession to their kings For first touching their authority they haue great limitation nether can they do any thing of great moment without the consent of certayne principal men called Palatines or Castellans nether may their children or next of blood succede except they be chosen as in the Empire In Spayne France and Ingland the priuileges of kings are far more eminent in both thes points for that both their authority is much more absolute and their next in blood do ordinarily succede but yet in different manner for as touching authority it semeth that the kings of Spayne and France haue greater then the king of England for that euery ordination of thes two kings is law in it selfe without further approbatiō of the common wealth which holdeth not in England where no general law can be made without consent of parlament but in the other pointe of succession it appeareth that the restraint is far greater in thos other two countries then in Ingland for that in Spayne the next in blood cannot succede be he neuer so lawfully descended but by a new approbation of the nobility and bishops and states of the Realme as it is expresly set downe in the two ancient councelles of Tolledo the fourth and fifth In confirmation wherof we see at this day that the king of Spaynes owne sonne cannot succede not be called Prince except he be first sworne by the said nobility and states in token of their new consent and so we haue seene it practized in our dayes towards three or fower of King Philips children which haue succeded the one after the other in the title of Princes of Spaine and at euery chainge a new oth required at the subiects handes for their admission to the said dignity which is not vsed in the kings children of France or Ingland In France the world knoweth how women are not admitted to succed in the crowne be they neuer so neare in blood nether any of their issue though it be male For which cause I doubt not but you remēber how king Edward the third of Ingland though he were sonne heyre vnto a daughter of France whose three brethren were kings and left hir sole heyre to hir father king Phillip the fourth surnamed the fayre yet vvas he put by the crowne as also was the king of Nauar at the same tyme who was sonne and heyre vnto this womans eldest brothers daughter named Lewis Huttin king of Ftance which king of Nauar therby seemed also to be before king Edward of Ingland but yet were they both put by it and Philip de Vallois a brothers sonne of Phillip the faire was preferred to it by general decree of the states of France and by vardit of the whole parlament of Paris gathered about the same affayre Nether did it auayle that the two kings a fore said alleaged that it was agaynst reason conscience and custome of al nations to exclud vvomen from the succession of the crowne which appartayned vnto them by propinquity of blood seing both nature God hath made them capable of such succession euery where as it appereth by example of al other nations and in the old testament among the people of god it selfe wher we see women haue bin admitted vnto kingdomes by succession but al this I say preuayled not vvith the French as it doth not also at this day for the admission of Dona Isabella Eugenia Clara infanta of Spayne vnto the said crowne of France though by dissent of blood ther be no question of her next propinquity for that she is the eldest child of the last kings eldest sister The like exclusion is made agaynst the Prince of Lorayne that now liueth though he be a man and nephew to the last king for that his title is by a woman to wit his mother that vvas yonger sister vnto the last king Henry of France And albeit the law called Salica by the Frenchmen by vertue vvherof they pretend to exclude the succession of vvomen be no very ancient law as the French themselues do confesse and much lesse made by Pharamond ther first king or in thos ancient tymes as others without ground do affirme yet do vve se that it is sufficient to bynd al Princes and subiects of
good king and much commended by S. Isiodorus Arch bishop of Siuil who yet in the said councel vvas the first man that subscribed to his depriuation After the entrance of the moores also when Spayne vvas reduced agayne to the order gouerment of Spanish kings vve read that about the yeare of Christ 1282. one Don Alonso the eleuenth of that name king of Castile Leon succeded his father Fernando surnamed the sainct and himselfe obteyned the surname of Sabio and Astrologo that is to say of wise and of an Astrologer for his excellent learning peculier skil in that arte as may vvel appeare by the Astronomy tables that at this day go vnder his name which are the most prefect and exact that euer vvere set forth by iudgment of the learned This man for his euel gouerment and espetially for tyranny vsed towards two nephews of his as the spanish Chronicler Garauay writeth vvas deposed of his kingdome by a publique acte of parlament in the towne of Valliodolid after he had reigned 30. yeares and his owne sonne Don Sancho the fourth vvas crowned in his place vvho for his valiant actes was suruamed el brauo and it turned to great commodity of the common wealth The same common vvealth of Spayne some yeares after to wit abont the yeare of Christ 1368. hauing to their king one Don Pedro surnamed the cruel for his iniurious proceding with his subiects though otherwise he were lawfully seased also of the crowne as sonne and heyre to king Don Alonso the twelfth and had reygned among them 18. yeares yet for his euel gouerment they resolued to depose him and so sent for a bastard brother of his named Henry that liued in France requesting him that he would come with some force of french men to assist them in that acte and take the crowne vppon him self which he did and by the help of the Spaniards and Frēch souldiars he draue the said Peter out of Spaine and himselfe vvas crowned And albeit Edward surnamed the black Prince of Ingland by order of his father king Edward the third restored once agayne the said Peter yet vvas it not durable for that Henry hauing the fauour of the Spaniards returned agayne and depriued Peter the second tyme and slew him in fight hand to hād which made shew of more particuler fauour of God in this behalfe to Henry and so he remayned king of Spayne as doth also his progenie inioye the same vnto this day though by nature he vvas bastard as had bin said and not withstanding that king Peter left two daughters vvhich vvere led awaye into Ingland and ther maryed to great Princes And this king Henry so put vp in his place vvas called king Henry the secōd of this name and proued a most excellent king and for his great nobility in conuersation and prouesse in chiualry vvas called by excellency El cauallero the kinghtly king and for his exceding benignity and liberality vvas surnamed also el dela mercedes which is to say the king that gaue many giftes or the liberal franck and bounteful king which was a great change from the other surnamed cruel that king Peter had before so you see that alwayes I gyue you a good king in place of the bad deposed In Portugal also before I goe out of Spayne I wil alleage you one example more which is of Don Sancho the secōd surnamed Capelo fourth king of Portugal lawful sonne and heyre vnto Don Alonso surnamed el Gardo who whas third king of Portugal This Don Sancho after he had raigned 34. yeares was deptiued for his defects in gouerment by the vniuersal consent of al Portugal this his first depriuation from al kingly rule and authority leauing him only the bare name of king vvas approued by a general councel in Lions pope Innocentius the 4. being ther present who at the petition instāce of the vvhole realme of Portugal by their Embassadors the Archbishop of Braga bishop of Comibra and diuers of the nobility sent to Lyons for that purpose did authorize the saide state of Portugal to put in supreme gouerment one Don Alonso brother to the said king Don Sancho vvho was at that tyme Earle of bullen in Picardy by right of his wife and so the Portugales did further also a lytle after they depriued their said king and did driue him out of his realme into Castilla wher he liued al the rest of his life in banishment and dyed in Toledo without euer returning and this decree of the councel and Pope at Lyons for authorizing of this fact is yet extant in our Canon law in the sixt booke of Decretals now in prynt And this king Don Alonso the third vvhich in this 〈◊〉 was put vp against his brother was peaceably prosperously king of Portugal al the dayes 〈◊〉 his lyfe he was a notable king amōg other great exployres he vvas the first that set Portugal free from al subiection dependence and homage to the kingdome of Castile vvhich vnto his tyme it had acknowledged and he left for his successor his sonne and heyre Don 〈◊〉 Fabricador to wit the great buylder for that 〈◊〉 buylded and founded aboue forty and 〈◊〉 great townes in portugal and was a most 〈◊〉 Prince and his ofspring ruleth in Portugal vnto this day Infinite other examples could I alleage if would examyne the lyues and discentes of 〈◊〉 and other kingdomes with their Princes and namely if I would speake of the Greeke Emperors depriued fortheir euel gouerment not so much by populer mutyny which often happened among them as by consent and grane deliberation of the whole state and wealpublique as Michael Calaphates for that he had troden the Crosse of Christ vnder his feete and was otherwise also a wicked man as also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authority and the like wherof I might name many but it would be to longe What should I name heere the deposition made of Princes in our dayes by other commō wealthes as in Polonia of Henry the third that was last king of France before that had bin sworne king of Polonia of which crowne of Polonia he vvas depriued by publique acte of parlament for his departing thence vvithout licence and not returning at his day by the said state appoynted and deuounced by publique lettres of peremptory commaundedmēt which are yet extant What should I name the depriuations of Henry late king of Suetia vvho being lawful successor and lawfully in possession after his father Gustauus vvas yet put downe by that common vvealth and depriued and his brother made king in his place who if you remember was in Ingland in the beginning of this Queenes reigne whose sonne reygneth at this day is king also of Polonia and this fact was not only allowed of at home
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
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 distructiō 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 declaratiōs make litle to the purpose vvhen right and equity do repugne as these men say that it did in the fore said declaratiō 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 cōtrouersy put al christianity into great broyles and troobles For first Charles the secōd 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 famoꝰ 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
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