his minion to put away his wife a goodly young Ladie daughter of Isabell his father's sister and to marrie another openly to her disgrace And in the last evil Parlament hee made would needs have all absolute autoritie granted to 6 or 7 his favorites to determine of all matters Grieved with these exorbitant indignities the more or better part of the Realm called home by their Letters Henry 4. deposed Richard 2. by Act of Parlament by his own confession of unworthie Government and his voluntarie resignation of the Crown to the said Henry by publick instrument All this without blood-shed And in almost all this Edmund L. D. of York the head of that familie together with Edward Duke of Aumale his eldest son and Richard Earle of Cambridge his yonger the Grand-father of Edward 4. assisted the said Henry That Henry 4. had more right to Succeed unto Richard 2. than Edmond Mortimer heir of Clarence much more any other King Richard 2. deposed the question is Whether Edmond Mortimer then alive his Father Roger being slain in Ireland a little before Nephew removed of Lionel Duke of Clarence or Henry Duke of Lancaster son of John of Gant should have Succeeded in right For Henry is alleged his being neerer to the former King by two degrees and proximitie of Blood though not of the elder Line is to be or hath been preferred in these cases 2. His Title came by a Man the others by a Woman not so much favored by Law nor Reason 3. The said Edmond being offered the Crown by Richard Earle of Cambridge who had married his Sister Anne and other Noblemen at Southampton he judged it against equitie discovered the Treason to Henry the fifth by whose command those Noblemen were executed 1415. Thirty years after which Richard Duke of York son of the aforesaid Earle and Anne for Edmond her brother died without issue set his Title on foot And whereas Roger Mortimer Father of this Edmond was declared Heir apparent by a Parlament 1382 that was done by Richard 2. from the hatred he bore to John of Gant and his son Henry rather than for the goodness of the others Title the cause whereof was Because immediately after the death of the Black Prince divers learned and wise men held opinion That John of Gant eldest son of Edward 3. then living should rather succeed than Richard jure Propinquitatis This made the old King Edward 3. confirm the Succession to Richard 2. by Parlament and the Oaths of his Uncles and made the yong King Richard 2. hold first and his son in jealousie and hatred ever after as distrusting the likelihoods of their Title Declaration of the Heir Apparent in the Princes life being Partial no sure president Partial establishing of Succession by Parlament is no extraordinary thing with Princes which yet most commonly have been to little purpose So did Richard 3. cause John de la Pole Earle of Lincoln and Son to his sister Elisabeth Dutchess of Suffolk to be declared Heir apparent thereby excluding his Brother Edward's four Daughters c. So did Henry 8. prefer the issue of his yonger sister before that of his elder So did Edward 6. declare the Lady Jane Gray his cozen Germain removed to be his Heir and Successor excluding his own two sisters Such say they was the aforesaid Declaration of Roger Mortimer by Richard 2. to as little purpose as from little equity Uncle preferred before the Nephew divers times Contra Sect. 83. That John of Gant should have in right succeeded his father rather than Richard himself as neerer to his father is proved by the course of divers Kingdoms where the Uncle was preferred before the Nephew 1. In Naples much about the same time Robert before Charles the son of Martel his elder Brother 2. In Spain Don Sancho Bravo before the Children of Prince Don Alonso de la Cerda from whom the House of Medina Celi is discended by sentence of Don Alonso the wise and of all the Realm and Nobility Anno 1276. 3. In the Earldom of Arthois Mande before Robert son to her Brother Philip by sentence of Philip le Bel of France confirmed by the Parlament of Paris and by his Successor Philippes de Valois whom he the said Robert had much assisted in the recovery of France from the English 4. In Britanie John Breno Earle of Montfort before Jane Countess of Bloys Daughter and Heir of Guy his elder brother by sentence of Edward 3. and the State of England who put him in possession of that Dukedom 5. In Scotland where albeit Edward 1. of England gave sentence for John Baliol Nephew to the elder Daughter excluding thereby Robert Bruse son to the yonger yet that sentence was held to be unjust in Scotland and the Crown restored to Robert Bruse his son whose posterity holds it to this day 6. The like whereof in Naples Lewis Prince of Taranto son to Philip prevailed before Joan the Neece of Robert aforesaid who was Philip's elder brother though Philip died before Robert because he was a man and a degree neerer to his Grand-father than Joan. 7. And in England it self Henry 1. preferred before William son and Heir of Robert of Normandie his elder brother And King John preferred before Arthur D. of Britanie the son and Heir of his elder brother Geoffrey because he was neerer to Richard his brother then dead than was Arthur Which Right of his the English inclined still to acknowledge and admit and thereupon proclaimed him King notwithstanding that the French and other Forrein Princes of stomach opposed themselves against it King John rightfully preferred before his Brother Arthur Against this last King Richard when he was to go to the Holy Land caused his Nephew Arthur to be declared Heir apparent to the Crown thereby shewing his Title to be the better Answ 1. It was not by Act of Parlament of England for Richard was in Normandie when he made it 2. Richard did it rather to repress the amhitious Humor of John in his absence 3. This Declaration was never admitted in England but renounced by consent of the Nobility in his absence 4. Richard himself at his return disadvowed it appointing John to be his Successor by his last Will and caused the Nobles to swear Fealtie unto him as to his next in blood The Opinion of Civil Lawyers touching the Right of the Uncle and Nephew Contra Sect. 83. This Controversie divided all the Lawyers in Christendom Baldus Oldratus Panormitanus c. for the Nephew Bartolus Alexander Decius Alciatus Cujatius c. for the Uncle Baldus himself at length concludeth That seeing rigor of Law runneth only with the Uncle being properly neerest in blood by one degree and that only indulgence and custom permitteth the Nephew to represent his Father's place whensoëver the Uncle is born before the Nephew and his elder brother dieth before his Father as in the case of John of Gant and Richard 2. he may be
or three S 7. yet 't is plain it was his own Will because he commanded it to be drawn written and sealed and never revoked it Besides it is subscribed by many witnesses and inrolled in the Chancery by his own command enough to make it good against the assertion of those few who to please the time wherein they spake in Queen Maries time might say and ghess the King was past memory when his stamp was put to it Now to make good what he did two Acts of Parlaments 28 35. of his Reign gave him full authoritie to dispose of this Point of Succession as he and his learned Council should think best for the Common-wealth By a Statute made in the 27th of Elisabeth 27. Elisah a Statute was made That whosoever shall be convinced to conspire attempt or procure the Queens death or is privie or accessary to the same shall loose all right title pretence claim or action that they or their heirs have or may have to the Crown of England Now the late Queen of Scots being attainted and executed by the authoritie of the said Parlament and for breach of the said Statute 't is easie to determine what Title her Son hath claiming only by her The Uniting of Scotland with England dangerous to the English or like to be 1. Only the increase of Subjects but those rather to participate the Commodities of England than to impart any from Scotland 2. The natural hatred of that People unto us and their ancient inclination to joyn with our enemies the French and Irish against us are Arguments of great mischiefs likely to ensue by that conjunction 3. The Scot must needs hold in jealousie so many Englishmen competitors of the Blood Royal and therefore will fortifie himself against them by those Forrein Nations of whom he is discended with whom he is allyed as the Scots French Danes and uncivil Irish which will prove intolerable to the English 4. The King both for his own safety and for the love he beareth to his own Nation will advance them and plant them about him in chief Places of credit which must needs breed Emulations and Controversies between them and the English Then must he of Force secretly begin to favor and fortifie his own to the incredible calamitie of the other as Canutus did his Danes and William the Conqueror his Normans neither of them enemies to the English blood nor evil Kings but careful of their own safeties for herein it is impossible to be neutral 5. The Romans with all their Power and Policie could never unite the hearts of England and Scotland in peace nor hold the Scots and North-Irish in obedience of any authority residing in England What then are we to hope for of this King herein The Religion of Scotland unpleasing to our State His Religion is neither fit for our State wherein Archbishops c. and Officers of Cathedral Churches are of much dignitie and there suppressed nor will be pleasing to our Nobilitie to be subject to the exorbitant and popular authoritie of a few ordinary Ministers which the King himself is there content to yield unto And therefore it is likely that few will be forward to entertain that King for the reforming of Religion here that hath no better Order in his own at home For the Ladie Arabella For the Ladie Arabella is alleged her being an equal degree of Discent with the King of Scots Her being above him in all hopes for herself or benefit to the English that can be expected in an English Prince and a Prince born in England Against Her Neither she nor the Scot are properly of the House of Lancaster and the Title of Lancaster is before the Pretence of York ut suprà 2. The testament of King Henry 8. barreth her as well as the Scot 3. Her Discent is not free from Bastardie for Queen Margaret soon after the death of her first Husband married Steward Lord of Annerdale who was alive long after her marriage with Anguis and it is most certain also That Anguis had another Wife alive when he married the said Queen All this confirmed by the Lord William Howard Father to the now Admiral sent into Scotland by Henry 8. of purpose to enquire thereof who reported it to King Henry Queen Mary and divers others For this cause King Henry would have letted the marriage between Anguis and his Sister and chiefly caused him to exclude her issue 4. She is a Woman and it were perhaps a great inconvenience that three of the weak sex should succeed one the other 5. All her Kindred by her Father is meer Scotish In England she hath none but by her Mother the Candishes a mean Familie and Kindred for a Princess CAP. VI Examination of the Title of the House of Suffolk being Darby and Hartford Sect. 29. 30. The Earle of Hartford's Children illegitimate THe Children of the Earle of Hartford Discending of Ladie Frances the eldest Daughter of Charles Brandon are proved illigitimate 1. Because the Ladie Katharine Gray their Mother was lawful Wife to the Earle of Pembroke when they were born not separated from him by lawful authority or for any just cause but abandoned by him because her House was come into misery and disgrace 2. It could never be lawfully proved that the said Earle and Ladie Katharine were married but only by their own Assertions not sufficient in Law Therefore was the marriage disannulled in the Arches by publick and definitive sentence of Parker Archbishop of Canterbury not long after the Birth of the said Children 3. When the Marquess of Dorset married their Grandmother the Ladie Frances he had another lawful Wife sister to H. Fitz-allen Earle of Arundel whom he put away to obtain so great a marriage as was the Lady Frances This bred much hate between the Marquess and Earle ever after but the Marquess favor with K. Henry deprived the other of all remedy And therefore may their Mother the Lady Katharine seem illegitimate too Bastardie in the issue of Charles Brandon Charles Brandon had a wife alive when he married the Queen of France by which wife he had issue the Ladie Powyse wife of the Lord Powyse and this wife of his lived some time after his marriage with the Queen Darby's Evasion This Wife say the Friends of Darby died before the birth of the Lady Eleonor the yonger daughter their ancestor though after the Birth of the Lady Francis Hartford's ancestor Hartford's Confutation of the first Bastardie To the first Bastardy of Hartford their Friends affirm That the Contract between the Lady Katharine and the Earl of Pembrook was dissolved lawfully and judicially in the time of Queen Mary Hartford's evasion of the second Bastardie in the behalf of his Second born Edward Seymore The Lady Katharine being found with Child affirmed the Earle of Hartford to be the Father Hereupon he being sent for out of France where he was with Sir N. Throgmorton and had got leave to
the great succeeded in the Empire and was the man that all men know and the first Emperor that publickly professed himself a Christian and planted our Faith over all the world CONSTANTINE SIXTH And IRENE Constantine the Sixth was for his evil Government first deposed * and his eyes put out by his own Mother Irene who usurped the Empire but being not able to Rule it in such Order as it was needful for so great a Monarchie she was deprived thereof by the Sentence of Leo the third and by consent of all the People and Senate of Rome and Charles the Great King of France and of Germanie was crowned Emperor of the West and so hath that Succession remained unto this day and many worthy men have succeeded therein and infinite acts of Jurisdiction have been exercised by this authoritie which were all unjust and Tyrannical if this change of the Empire and deposition of Irene and her Son for their evil Government had not been lawful Examples out of France CHILDERICK 3d. Childerick 3d. King of France for his evil Government and Faineantise was deposed by Zacharie the Pope at the request of the whole Nobilitie and Clergie of France Who alleaged That their Oath to Childrick was to honor serve obey maintain and defend him against all men as long as he was just religious valiant clement and would resist the enemies of the Crown punish the wicked and conserve the good and defend the Christian Faith Which being not observed on his part they ought not be bound to him any longer nor would not be any longer his Subjects and so chose and Crowned Pepin in his place whose Posteritie reigned for many years after him and were such noble Kings as all the world can testifie CHARLES of Lorrayne Charles of Lorrayne last of the race of Pepin for the evil satisfaction that the French Nation had of him was by the Authoritie of the Common-wealth put by the Crown and Hugo Capetus preferred to it whose Line hath remained and possessed it unto this day Examples out of Spain FLAVEO SUINTILA Flavius Suintila King of Spain was both he and his Posteritie put down and deprived in the fourth Council National of Toledo and one Lissinando confirmed in his place ALONSO 11th Don Alonso 11th King of Castile and Leon Son to Ferdinand the Saint for his evil Government and especially for Tyrannie used towards two Nephews of his was deposed of his Kingdom by a publick Act of Parliament in the town of Valliodolid after he had reigned 30 years and his own Son Don Sancho 4th was Crowned in his place who for his valiant acts was sirnamed Elbravo and it turned to great commoditie to the Common-wealth PEDRO Don Pedro the Cruel Son to Alonso 12th having reigned 18. years was for his injurious Government dispossessed of his Crown by King Henry his bastard Brother whom the States of the Country had called out of France and Crowned and though Pedro was restored again by the black Prince of Wales yet God shewed to favor more Henry because he returned and deprived Pedro the second time and slew him in fight hand to hand and being set up in his place which his Progenie hath enjoyed to this day he proved so excellent a King as he was called el Cavallero and el delas mercees the knightlie and bountiful King Don SANCHO 2d Don Sancho Gapelo lawful King of Portugal having reigned 34. years was deprived for his defects in Government by the universal Consent of all Portugal and approbation of a General Council at Lyons Pope Innocentius the Fourth being there present who did authorise the said State of Portugal at their Petition to put in Supreme Government Don Alonso Brother to the said Sancho who was Earl of Boulongne in Picardie by the right of his Wife which among other great exploits was the first that set Portugal free from all Subjection and Homage to the Kingdom of Castile which unto his time it had acknowledged Greece MICHAEL CALAPHATES and NICEPHORUS BOTONIATES Michael Calaphates Emperor of Greece for having troden the Cross of Christ under his feet and being otherwise also a wicked man was deprived As was also the Emperor Nicephorus Botoniates for his dissolute life and preferring wicked men to authoritie Polonia HENRY 3d. In our dayes Henry 3d. King of France was deprived of the Crown of Polonia wherof he had also been Crowned King before by publick Act of Parliament for his departing thence without license and not returning at the day denounced by publick Letters of peremptory commandment Suetia HENRY Henry late King of Suëtia was put down and deprived by that Common-wealth and his Brother made King in his place whose Son reigneth at this day and is also King of Polonia And this Fact was allowed by the Emperor the King of Denmark and all the Princes of Germanie neer about that Realm Denmark CISTERNE Cisterne King of Denmark for his intollerable crueltie was deprived and driven into banishment together with his Wife and three Children and his Uncle Frederick Prince of Holsatia was chosen King whose Progenie yet remaineth in the Crown England King JOHN King John of England for his evil Government and for having lost Normandie Gasconie Guyenne and all the rest which the Crown of England had in France made himself so odious and contemptible as first he was both Excommunicated and Deposed by the Pope at the sute of his own People and to make his Peace was enforced to resign his Crown in the hands of Pandulfe the Pope's Legat and afterwards falling back again to his old defects though by making his Kingdom tributarie in perpetuum to the See of Rome he had made the Pope of his side for a time the People notwithstanding did effectuate his Deprivation the 18th year of his reign first at Canterbury and after at London And called Lewis Prince of France Son to Phillip 2d and Father to Saint Lewis and chose him for their King and did swear him Fealtie with General Consent in London Anno 1216. But King John's death following presentlie after made them turn their purposes and accept of his Son Henry before matters were fully established for Lewis And this Henry which was 3d. of that Name proved a very worthie King and reigned 53. years which is more than ever King in England did leaving Edward 1. his Son Heir not inferior to himself in manhood and virtue EDWARD 2d But this Edward 1. had a Son Edward 2d who falling into the same or worse defects than King John had done was after 19. years reign deposed also by Act of Parliament holden at London the year 1326. appointed to be called Edward of Carnarvam from that hour forward and his bodie adjudged to perpetual prison where at length his life was taken away from him in the Castle of Barkley and his Son Edward 3d. was chosen in his place who
either for Valor Prowess length of Reign acts of Chivalrie or the multitude of famous Princes his Children left behind him was one of the noblest Kings that ever England had RICHARD 2d Richard the 2d Son to the black Prince of Wales for having suffered himself to be misled by evil Counsellers to the great hurt and disquietness of the Realm was deposed also after 22. years reign by a Parliament holden at London the year 1399. and condemned to perpetual Prison in the Castle of Pomfret where he was soon after put to death and in his place was by free Election chosen the noble Knight Henry * Duke of Lancaster who proved afterwards so notable a King as the world knoweth HENRY 6th Henry 6th after almost 40. years reign was deposed imprisoned and put to death also together with his Son the Prince of Wales by Edward 4th of the House of York And this was confirmed by the * Commons and afterwards also by publick Act of Parliament because the said Henry did suffer himself to be over-ruled by the Queen his Wife and had broken the Articles of Agreement made by the Parlament between him and the Duke of York and solemnly sworn on both sides the 8th of Octob. 1459. though otherwise for his particular life he were a good man and King Edward 4th was put in place who was one of the renownedest for Martial Acts and Justice that hath worn the English Crown RICHARD 3d. This man having left two Sons his Brother Richard Duke of Glocester put them to death and being the next Heir Male was authorised in the Crown but Deposed again afterwards by the Common-wealth which called out of France Henry Earle of Richmond who took from him both life and Kingdom in the Field and was King himself by the name of Henry 7. And no man I suppose will say but that he was lawfully King also which yet cannot be except the other might lawfully be deposed If the said Deprivations were unjust the now Pretences are unlawful Moreover is to be noted in all these Mutations what good hath succeeded therein to the Common-wealth which was unjust and is void at this day if the Changes and Deprivations of the former Princes could not be made and consequently none of these that do pretend the Crown of England at this day can have any Title at all for that from those men they discend who were put in place of the deprived If Kings established may be Deprived much sooner Pretenders And if this might be so in Kings lawfully set in Possession then much more hath the said Common-wealth power and authoritie to alter the succession of such as do pretend Dignitie if there be due reason and causes to the same Wherein consisteth principally the lawfulness of Proceedings against Princes which in the former Chapter is mentioned What interest Princes have in their Subjects Goods or Lives How Oaths do Binde or may be Broken by Subjests towards Princes And finally the difference between a good King and a Tyrant CAP. IV. 1. Objection against the Assertions in the last Chapter BUt although by Nature the Common-wealth hath authoritie over the Prince to chuse and appoint him at the beginning yet having once made him and given up all their authoritie unto him he is no more subject to their correction but remaineth absolute of himself As every particular man hath authorised to make his Master or Prince of his inferior but not afterwards to put him down again howsoever he beareth himself towards him 2. Objection When the Children of Israël being under the Government of the High Priest demanded a King of Samuel he protesting unto them Well quoth he you will have a King hearken then to this that I will say Hoc erit jus Regis qui imperaturus est vobis He shall take away from you your Children both Sons and Daughters your Fields and Vineyards c. and shall give them to his servants and you shall cry unto God in that day from the face of this your King and God shall not hear you for that you have demanded a King to Govern over you Assertions of Bellay Yea Bellay and some other that wrote in flatterie of Princes in these our days do not only affirm That Princes are lawless and subject to no accompt or correction whatsoever they do But also That all goods chattels possessions and whatsoever else commodities temporal of the Common wealth are properly the Kings and that their Subjects have only the use thereof so as when the King will he may take it from them by right Answer to Bellay his First Assertion But for the first That Kings are subject to no Law Is against the very Institution of a Common-wealth which is to live together in Justice and Order for if it holdeth so insteed of Kings and Governors to defend us we may set up publick murtherers ravishers theeves and spoylers to devour us Then were all those Kings before mentioned both of the Jewes Gentiles and Christians unlawfully deprived and their Successors unlawfully put up in their places and consequentlie all Princes living at this day are intruders and no lawful Princes Answer to Bellay his Second Assertion Of the second saying also That all temporalities are properly the Princes and that Subjects have only the use thereof no less absurdities do follow First it is against the very first principle and foundation of the Civil Law which at the first entrance maketh this division of Goods That some are common by Nature to all men as the Aër the Sea c. Others are publick to all of one Citie or Countrie but yet not common to all in general as Rivers Ports c. Some are of the Communitie of a Citie or Common-wealth but yet not common to every particular person of that Citie as common Rents Theaters the publick hous and the like Some are of none nor properly of any man's Goods as Churches and Sacred things And some are proper to particular men as those which every man possesseth of his own Besides it overthroweth the whole nature of a Common-wealth maketh all Subject to be but very slaves for that slaves and bondmen in this do differ from freemen that slaves have only the use of things without property or interest and cannot acquire or get to themselves any dominion or true right in any thing but it accreweth all to their Master Lastly If all Goods be properly the King's why was Achab and Jezabel so reprehended and punished by God for taking away Naboth's vineyard Why do the Kings of England France and Spain ask Money of their Subjects in Parlament and that termed by the names of Subsidies Helps Benevolences Loans Prests Contributions c How have the Parlament oftentimes denied them the same Why are there Judges appointed for matter of Suits and Pleas between the Prince and the People Why doth the Canon Law inhibit all
hous of York that challenged the Crown and died in the quarrel His son was Edward the 4. The Issue of the Duke of Glocester Thomas of Woodstock had onely one childe Anne married to the Lord Stafford whose issue came after in regard of this marriage for Thomas was Earl of Buckingham too to bee Duke of Buckingham som of whose blood are yet in England The Issue of John of Gant by his first Wife John of Gant had three Wives 1 Blanch the heir of Lancaster aforesaid by whom hee had Henry 4. and Philippe married to John King of Portingal from whom are lineally descended such as at this day claim interest in that Crown and Elisabeth married to John Holland Duk of Exceter whose grand-childe Henry left onely Anne married to Sir Thomas Nevil Knight from whom the Earl of Westmerland is lineally descended By his second Wife By his second Ladie Constance daughter of Peter King of Castile hee had onely one daughter Katharine married to Henry the third King of Castile of whom the King of Spain that now is is lineally desended By his third Wife Henry 7. his Title His third Katharine Swinford daughter to a Knight of Henault and attending on his wife Blanch hee used as his Concubine in his wife Constance's time and begat of her three sons and one daughter and after married her to Swinford an English Knight who dead and his wife Constance also hee married her Anno 1396 and caused his said children by her to bee legitimated by Parlament Anno 1397. Henry 7. his Title from Lancaster His sons were 1. John Duke of Somerset 2. Thomas Duke of Excester 3. Henry Bishop and Cardinal of Winchester His daughter Jane married to the Earl of Westmerland The Issues of all these were soon spent except of John of Somerset who had two sons John and Edmund John one onely daughter Margaret married to Edmund Tidder Earl of Richmond by whom hee had Henry 7. Edmund and his three sons all died in the quarrel of the Hous of Lancaster without Issue The line of Clarence and Title of the Earl of Huntington George Duke of Clarence second brother of Edw. 4. had Issue Edw. Earl of Warwick put to death by Henry 7. and Margaret Countess of Salisbury married to Sir Richard Poole of Wales by whom hee had Henry Arthur Geoffroy and Reynald after Cardinal Henry Lo. of Montague put to death with his mother by H. 8. had Katharine married to the Earl of Huntington they the now Earl c. and Wenefred married to Sir Tho. Barrington Arthur Marie married to Sir John Stanny and Margaret to Sir Tho. Fitzherbert Geoffrey Geoffrey Poole hee Arthur and Geoffrey which yet live in Italie Henry 7. his Issue The Title of Scotland and of the Ladie Arbella Henry 7. had by the eldest daughter of Edw. 4. for of all the other three remaineth no issue besides Hen. 8. Margaret first married to the K. of Scots they James 5. who Mary mother to the now King After married to the Earl of Anguis they Margaret married to the Earl of Lenox they Henry married to the last Queen and murthered 1566. and Charles married to Elisa Ca4dish by whom the Ladie Arbella The Title of the Lord Beacham and his brother Marie the second daughter first married to Lewis 12. of France without issue then to Charles Brandon Duke of Suffolk they Francis married to Henry Gray Marquis Dorset after Duke of Suffolk beheaded by Q. Mary they Jane married to Dudley both beheaded Katharine first married to the Earl of Pembroke and left by him to the Earl of Hartfort as themselves affirmed in the Tower from whom descendeth the Lord Beacham and Edward Seymer his brother The Title of the Hous of Derbie Eleonor second daughter to Ch. Brandon and the Queen of France was married to Henry Clifford Earl of Cumberland they had issue Margaret married to Henry Earl of Derbie who had issue the last and the now Earl CAP. IV. The Controversie between the Houses of Lancaster and York The Pretence of the Hous of York BY Richard Duke of York son of Richard Earl of Cambridg aforesaid c. That considering hee had by descent joined in him the right aswell of Lionel Duke of Clarence second son to Edw. 3. as of Edward Duke of York the fourth son of Edw. 3. hee was to bee preferred before the Hous of Lancaster claiming onely from John of Gant the third son of Edward 3. Richard 2. Deposed Edward 3. in his old age for the love hee bare to the black Prince confirmed the Succession by Parlament to Richard 2. his son and caused the rest of his sons to swear thereunto Richard 2. for his misgovernment was deposed by common consent and Henry 4. chosen in his place which himself and his issue possessed about 60 years The question is Whether King Richard were rightfully deposed or no That a King may bee deposed on just causes First that a King on just causes may bee deposed is proved by Reason becaus the rule beeing given by the Common-wealth on condition of just government that much violated the condition is broken and the same Common-wealth may take the forfeiture This proved by the autoritie of all Law-makers Philosophers Divines and Governors of Common-wealths and by example of divers Depositions which God himself hath blessed with good success Proved by reasons and examples of Divinitie An ill Prince is an armed enemie with his feet set on the Realm's head whence hee cannot bee plucked but by force of Arms Object God may cut him off by sickness or otherwise and therefore wee are to attend his good pleasure Answ. God alwaies bindeth not himself to work miracles nor often with extraordinary means but hath left upon earth unto men and Common-wealths power to do justice in his Name upon offendors Examples hereof are Ehud stirr'd up by God to kill Eglon King of the Moabites by a stratageme Judg. 3. and the Philistins to kill David to persecute Saul Jeroboam to rebell against Roboam the son of Solomon 2 Reg. 11. 12. Jehu to depose Joram and Q. Jezabel his mother 4. Reg. 9. The Captains of Jerusalem at the persuasion of Jehoiada the high-Priest to conjure against Q. Athalia whom they deposed and Joash chosen in her room 4. Reg. 11. All which hee might have removed without blood-shed if hee would But hee appointed men to work his Will by these violent means to deliver that Common-wealth from oppression and for the greater terror of all bad Princes Allegations of the Lancastrians that King Richard 2. was justly Deposed Just causes of Deposing Richard 2. were Hee murthered his Uncle the Duke of Glocester without form of Law or process Hee put to death the Earl of Arundel banished Warwick Thomas Arundel Archbishop of Canterbury and Henry Duke of Hereford and Lancaster and after King whose goods and inheritance descending to the said Henry from his Father hee wrongfully seized on Hee suffered the Earl of Oxford
preferred for the elder brother cannot give or transmit that thing to his Son which is not in himself before his Father die nor can his son represent what the Father never had The Common-Law dealeth not with the Point of Succession to the Crown Touching the Common Law the right and interest to the Crown is not expresly decided in it nor is it a Plea subject to the rules thereof but superior and more eminent nor are the Maxims thereof alwayes of force in this as in others As in the case of Dower Copercenars and Tenancie by the courtesie No more ought they to be in this case of inheritance as by the former eight Presidents hath been shewed The Common Lawyers then refer this point of the Crown to Custom nothing being in effect written by them touching it Only the best of our old ones favored that title of Lancaster and Chancelor Fortescue and Sir Tho. Thorope chief Baron of the Exchequer in Henry 6. his time were much afflicted for it by the contrary faction The Princes of York often Attainted The Princes of York forfeited their Right by their Conspiracies and Attainder thereupon as R. Earle of Cambridge put to death therefore by the Judgment of his Peers his elder brother the Duke of York being one of the Jury that condemned him His son Richard Duke of York was also attainted of treason after many oaths to Henry 6. sworn and broken by him and his son Ed. 4. with the rest of his off-spring to the ninth degree at a Parlament at Coventry Anno 1459. But the House of Lancaster was never attainted of any such crime The Hous of York came to the Crown by Violence and Crueltie Edward 4. entred by violence wilfully murthering besides divers of the Nobilitie Henry 6. a good and holy King and his son Prince Edward dispossessing the Hous that had held the Crown about 60 years together in which time their Title had been confirmed by many Parlaments Oaths Approbations and publick Acts of the Common-wealth and the consent of all forreign Nations All which had been enough to have autorized a bad Title Those of Lancaster better Princes than those of York The 4 Henries of the hous of Lancaster were far more worthie Princes then the 4 Princes of the Houses of York as Edw. 4. Rich. 3. Hen. 8. Edw. 6. And if the affairs of any the former especially the 3d succeeded not the chief caus thereof was the sedition rebellion and troubles raised by those of York and their contention against the Princes of the Houses of Lancaster The Cruelty of the Princes of York one to the other The Princes of York have not been onely cruel to their enemies but to themselvs too embrewing their hands in their own blood Then when they had ruined th'other George Duke of Clarence conspired against Edw. 4. his own brother with whom reconciled Edw. caused him afterwards to bee murthered at Calis Rich. 3. murthered his two young Nephews and Henry 8. a great number of that Hous as Edmund de la Poole his Cousin German Henry Duke of Buckingham his great Ant 's son extinguishing that and ruining this familie Also Henry Courtney Marquis of Exceter his own Cousin german the Ladie Margaret Countess of Salisbury and daughter to George D. of Clarence and her son the L. Montague c. The kindness of the Princes of Lancaster But the Love Union Confidence Faithfulness Kindeness and Loialtie of the Princes of Lancaster towards th'other was very notable as in the 2 brothers of Henry 4 and the 3 brothers of Henry 5. and in five or six Dukes of Somerset their near Cosens which argueth both a marvellous confidence those Princes had in that quarrel and a great blessing of God unto the whole familie that agree'd so well The Successes of such noble Houses as followed either partie Another blessing seemeth to bee bestowed on them That no antient great Houses are remaining at this day in England but such as chiefly took their parts as Arundel Oxford Northumberland Westmerland and Shrewsbury whereas the chief partakers of the other Faction are all destroied as Mowbray Duke of Norfolk De la Poole Duke of Suffolk th' Earl of Salisbury th' Earl of Warwick and many others CAP. III. Examination of the Title of the Hous of Scotland Sect. 28. Allegations for the K. of Scots 1. THat hee is descended of the eldest daughter of Henry 7. without bastardie or other lawful impediment and therefore hath the right of prioritie 2. The benefit would accrew unto the Common-wealth by the uniting of England and Scotland a point long sought for 3. The establishing of true Religion in England Hee is not of the Hous of Lancaster but rather of York Hee is not descended truly of the Hous of Lancaster becaus not of the Ladie Blanch the true heir thereof but of Kathathine Swinford whose children were unlawfully begotten though afterwards legitimated by Parlament so that his best Title is by York inferior to that of Lancaster and therefore is to com in after them of that Hous Forrein birth not just impediment in Succession to the Crown of England Hee is Forrein born and therefore excluded by the Laws of England from inheriting within the land Answ 1. This Assertion in an universal sens is fals for a stranger may purchase and inherit by the right of his wife 7 9 Edw. 4. 11 14 Henrie 7. 2. The Statute of 25 Edw. 3. is to bee restrained unto proper inheritance onely viz. That no person born out of the Allegiance of England whose father and mother were not of the same Allegiance at the time of his birth shall not demand inheritance within the same Allegiance 3. This Statute toucheth not the Crown nor any except express mention bee made thereof 4. The Crown cannot properly bee called an inheritance of Allegiance or within Allegiance beeing held immediately from God 5. The Statute meaneth inheritance by descent onely but the Crown is a thing incorporate and therefore goeth as by Succession Now if a Prior Dean c. or other head incorparate though an alien may inherit or demand Lands in England notwithstanding the Statute much more may the Inheritor to the Crown 6. Express exception is made in the Statues of Enfants du Roi which word cannot but include all the King's off-spring and blood-Roial 7. King Stephen and Henry 2. born out of the Realm and of parents that were not of the Allegiance of England when they were born were yet admitted to the Crown without contradiction which argueth that by the cours of the Common Law there was no such stop against Aliens and that if the Statute would have abridged the antient libertie in this case of Succession it would have made special mention there which it doth not The King of Scots excluded by the last Will of Henry 8. Henry 8. his Will whereby he excludeth the off-spring of Margaret S. 4. Which though somwhat infringed by the testimony of two
travel into Italie confessed it at his return and both of them affirmed they were man and wife but because they could not prove it by witnesses and for attempting such a matter with one of the Blood Royal without privitie and license of the Prince they were both committed to the Tower where they used means to meet afterwards and had the second Son Ed. Seymore Now the first Son may be ligitimate before God yet illegitimate before men and therefore incapable of Succession For the second to be legitimate whereas there wanteth nothing but witnesses for the presence of Minister is not absolutely necessary to justifie their marriages by Law The Queen herself her Counsel and as many as had the Examination of these parties upon their first act or Child-birth are witnesses unto them besides their resolution to continue man and wife protested before them and confirmed by this effect of their second carnal meeting in the Tower CAP. VII Examination of the Title of the Houses of Clarence and Britanie Against the House of Clarence in general THeir Claim is founded only upon the Daughter of George Duke of Clarence yonger Brother of Ed. 4. So that as long as any lawful issue remaineth of the Daughters of the elder brother no claim or pretence of theirs can be admitted 2. If the pretence of Lancast be better than that of York as before it seemeth to be proved S. 36. 38. 40. 42. c. then holdeth not this of Clarence which is meerly of York 3. The House of Clarence hath been often attainted 1. In George himself 2. In the Countess of Salisbury his Daughter and Heir 3. In the Lord Montague her Son and Heir whereby their whole interests were cut off For albeit since those attainders it hath been restored in Blood yet hath not that been sufficient to recover unto that House the ancient Lands and Titles of Honor thereunto belonging for they were forfeited to the Crown as is also to the next in Blood unattainted the prerogative of succeeding to the Crown unless special mention had been made thereof in their restauration Against the Earle of Huntington in favor of the Pooles Upon the attainder of the Lord Montague with his Mother of Salisbury all such right as they had or might had being cut off in them fell upon Geoffrey brother of the said Lord 1. Because he was not attainted 2. He was a degree neerer unto the Duke of Clarence and thereby hath the Priviledge of an Uncle before the Neece S. 34. 40. than the Lady Katharine 3. He was a man she a woman and neither of their Fathers in possession of the thing pretended which priviledge of Sex got the last King of Spain the Kingdom of Portugal 4. Inconvenience of Religion this point altered by the death of the last Earle First Title of the Infant as Heir unto the House of Britain from William the Conqueror Sect. 12. She is discended of the antient Royal Blood of England from the eldest Daughter of the Conqueror Constance whereof her friends infer two Consequences 1. When the Conqueror's sons died without issue or were made incapable of the Crown as Henry 1. seemed to be for the violence used to his elder brother Robert and his son William Sect. 11. then should the elder sister have entred before King Stephen who was born of Alice or Adela her yonger sister The coming of a Woman no bar to inher in England Though the Salick Law seemeth to exclude her from the Crown of France yet from the inheritance of England Britanie Aquitayne c. coming to her by Women and falling ordinarily in Women nor that nor other Law excludeth her Second Title of the Infant by France whereof she is Heir general from Henry 2. She is Lineally descended from Eleonor the eldest daughter of Henry 2. Sect. 15. by whom she is Heir general of France and thereby of England Sect. 15. for three reasons 1. King John by the murther of his Nephew Arthur of Britanie forfeited all his states whatsoever Now this happened four years before his son Henry 3. was born and therefore the Crown by right should have come to the said Eleonor his elder sister 2. Arthur being prisoner in the Castle of Roan and suspecting that he should be murthered by his Uncle John nominated the Lady Blanche daughter and heir to Eleonor to be his Heir which were it not good yet when he and his sister was put to death she and her Mother were next of kinn unto them for any more of England S. 12. 3. John was actually deposed by the Barons and States of the Realm 16 Regni sui and Lewis of France the Husband of Blanche elected and admitted with their whole consent to whom they swore Fealtie and Obedience in London for him and his heirs and posteritie 1217. giving him possession of London and the Tower and many other important places Now ableit that they chose after his John's son Henry 3 Yet Titles and Interests to Kingdoms once rightly gotten never die but remain ever for the posterity to set a foot so came Hugo Capetus to the Crown of France Odo Earle of Paris his ancester being once elected admitted and sworn King though after deposed and Charles the simple chosen Third Title of the Infanta from Henry 3. She is Lineally discended of Beatrix daughter of Henry 3. S. 17. Now seeing that the posterity of both her brothers Edward and Edmond the heads of the two Houses of Lancaster and York have oftentimes been attainted and excluded from the Succession by sundry Acts of Parliament and at this day are at contention among themselves why may not the right of both Houses by Composition Peace and Comprimise at least be passed over to their Sisters issue Objections against the Infanta 1. These her Claims are very old and worn out 2. Her claims are but collateral by sisters 3. She is a stranger and Alien born 4. Her Religion is contrary to the State Answered by those that favor her Title Antiquity hurteth not the goodness of Titles to Kingdoms when occasion is offered to advance them which commonly are never presumed to die nullum tempus occurrit Regi 2. Collateral Lines may lawfully be admitted to enter when the direct either fail or are to be excluded for other just respect 3. The point of forrein birth is sufficiently answered before Sect. 50. 4. The impediment of other Religion is not universal nor admitted in the judgment of all men but onely of such English as differ in Religion from her to the rest and those many it will rather bee a motive to favor then hinder her title CAP. VIII Examination of the Houses of Spain and Portugal The Dutchie of Lancaster belong's to Portugal THe King of Spain is lineally descended from the two daughters of John of Gant by his two first wives Sect. 23 24. the former whereof the Ladie Blanche beeing heir of the Duchie Sect. 19. when the posteritie of his issue male
by her came to bee exstinct as it was in the children of H. 6. there is no reason but the issue of his daughters those that claim by Portugal Sect. 23 should succeed at least in the inheritance of that Duchie The Crown of England to John of Somerset son to John of Gant But for the right and title to the Crown of England which came by John of Gant himself third son of Edw. 3 and eldest that lived when hee died John Earl of Somerset though begotten out of matrimonie yet afterwards legitimated Sect. 25. his eldest son by Katharine Swinford was to inherit before the Ladie Philippe his sister by the Ladie Blanche The first reason of Portugal against Somerset Against which the favorites of Portugal allege divers reasons 1. Beeing born out of Wedlock and in Adulterie Sect. 25. and continuing a bastard many years hee could not bee made legitimate afterwards by Parlament to that effect of Succession to the Crown before Q. Philippe of Portugall and her children born before his legitimation who thereby had vim acquisitam as the Law saith which could not bee taken away by any posterior Act of Parlament without consent of the parties interessed Second Reason John King of Portugal married the Ladie Philippe with condition to enjoy all prerogatives that at day were due unto her which was six or seven years before his legitimation For Don Alonso and Don Edwardo the two sons of the said John and Philippe were born in the years 1390 and 1391. And John of Gant married Katharine Swinford and legitimated her children in the years 1396 1397. Third Reason The marriage of John of Gant with Katharine Swinford helpeth litle to better this legitimation which by the rules of the Common and Civil Laws is but a bare deposition for their children were Spurii begotten in plain Adulterie not in fornication onely and consequently the Privilege that the Law giveth to the subsequent mariage of the Parties by legitimating such children as are born in simple fornication where the parties are single cannot take place here nor can any legitimation equal much less prefer the legitimated before the lawful and legitimate by birth The Fourth Reason alleged by the Favorers of Portugal against the Issue of John of Somerset When Henry 6. and his son were extinguished and Edw. 4. usurped the Crown there remained of the Ladie Philippe Alfonse the Fift King of Portugal her Nephew of John of Somerset Margaret Countess of Richmond his Neece The Question is which of these two Competitors of the Hous of Lancaster and in equal degree from John of Gant and Henry 6. should have Succession by right immediately after the death of Henry 6. Alfonso say they for three Reasons First hee was a man and Margaret but a woman though shee came of the man and hee of the woman 2. Hee descended of the lawful and eldest daughter shee of the younger brother legitimated 3. Hee was of the whole blood to H. 6. and shee but of the half In which regard hee was to bee preferred at least in all the interests of Succession which were to bee had from Henry 4. onely and were never in his father John of Gant which were many as his right gotten by arms upon the evil government of the former King his Election by Parlament and Coronation by the Realm c. see for the rest Sect. 35. 43. Besides when King Richard 2. was dead hee was next in degree of propinquitie unto him of any man living as hath before been proved Sect. 36. CAP. IX The Genealogie and Controversies of Portugal 76. The Genealogie of Portugal Emanuel had by one wife six children 1. John 3. hee John that died in his father's time hee Sebastian slain by the Moors in Barbarie 2. Isabel Grandmother to the present King of Spain 3. Beatrix Grandmother to the Duke of Savoy 4. Lewis father of Don Antonio lately deceased in England 5. Henry Cardinal and after King 6. Edw. father of Mary Duchess of Parma who hath two sons Ranuntius Duke of Parma and Edward a Cardinal and father of Katharine Duchess of Bragança yet living whose Issue is Theodosius Duke of Bragança Edward Alexander and Philippe young Princes of great exspectation Five pretenders unto the Crown of Portugal Sebastian beeing dead Henry son of Emanuel succeeded who beeing old unmarried unlikely to have issue before him was debated the right of five Pretenders to the Succession of that Crown vid. Philippe of Spain Philibert Duke of Savoy the Duke of Parma his mother beeing then deceased Don Antonio and the Duchess of Bragança the three first by their Deputies the fourth Anthonio by himself and for himself the fift by her husband the Duke and his learned Council Of these the Duke of Savoy was soon excluded becaus his mother was younger sister to K. Philip's mother and himself younger then Philippe Don Antonio a Bastard and excluded Don Antonio was also rejected and pronounced a bastard by the said King Henry for many reasons 1. Hee was taken to bee so all his father's life time and that without question 2. Certain Decrees coming out from Rome in the time of Julius 3. against the promotion of bastards hee sued to the said Pope to bee dispensed withall 3 His father Don Lewis hath oftentimes testified by word and writing that hee was his Bastard and signified asmuch in his last will 4. It is likely that if Lewis had married his mother who was base in birth and of the Jewish as som stories affirm hee would have made som of his friends and kindred acquainted therewith as a matter so much important to them to know which hee never did though the King avowed himself was present with him at his death 5. If hee had been legitimate why did hee not pretend the Succession before the said King next after the death of Sebastian beeing son to his elder brother as well as was Sebastian 6. Whereas hee had produced witnesses vid. his mother sister with her husband and two others to prove that his father before his death had married with his mother in secret the said K. Cardinal affirmed that upon their examination hee had found they were suborned by Anthonio becaus they agreed not in their reports and becaus som of them confessed they were suborned whereupon hee hath caused them to be punished If not why not Duke of Lanc. Seeing that in England wee hold the said Don Anthonio for true King of Portugal I see not how wee can deny his children their right at least to the Duchie of Lancaster whereof whosoëver is right heir of Portugal should bee rightest heir Sect. 70. Allegations to prove the Duke of Parm's right That hee represented his mother and shee her father Lo. Edward who had hee been alive had carried it from his elder sister Elisa K. Philip's 2. mother consequently his issue to bee preferred before hers 2. Against the Duchess of Bragança that his mother was the elder sister therefore