A true and exact history of the succession of the crown of England collected out of records, and the best historians, written for the information of such as have been deluded and seduced by the pamphlet, called, The brief history of the succession, &c., pretended to have been written for the satisfaction of the Earl of H. Brady, Robert, 1627?-1700. 1681 Approx. 195 KB of XML-encoded text transcribed from 25 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A29176 Wing B4195 ESTC R19500 12115506 ocm 12115506 54279 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29176) Transcribed from: (Early English Books Online ; image set 54279) Images scanned from microfilm: (Early English books, 1641-1700 ; 759:24) A true and exact history of the succession of the crown of England collected out of records, and the best historians, written for the information of such as have been deluded and seduced by the pamphlet, called, The brief history of the succession, &c., pretended to have been written for the satisfaction of the Earl of H. Brady, Robert, 1627?-1700. [2], 46 p. Printed for Cave Pulleyn, London : 1681. Errata: p. 46. Includes bibliographical references. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Somers, John Somers, -- Baron, 1651-1716. -- Brief history of the succession. Great Britain -- Kings and rulers -- Succession. 2006-05 TCP Assigned for keying and markup 2006-05 Aptara Keyed and coded from ProQuest page images 2007-05 Ali Jakobson Sampled and proofread 2007-05 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A True and Exact HISTORY OF THE SUCCESSION OF THE CROWN OF ENGLAND : Collected out of Records , and the best Historians . Written for the Information of such as have been deluded and seduced by the Pamphlet , called The Brief History of the Succession , &c. pretended to have been written for the Satisfaction of the Earl of H. LONDON , Printed for Cave Pulleyn , in the Year MDCLXXXI . A True and Exact History of the SVCCESSION of the CROWN of ENGLAND . IN the Year 1594. Parsons the Jesuit ; or , as a Mr. Camden says , He , Cardinal Allen , and Sir Francis Inglefield , under the name of R. Doleman , wrote a Book entituled , A Conference about the next Succession to the Crown of England , b divided into two Parts . The first , pretended to have been the Discourse of a Civil Lawyer , concerning Succession by Proximity of Blood in general , contains , for the most part , in nine Chapters , the very Principles of Sedition and Rebellion ; proved and maintained , as is there also pretended , by Examples and Texts of Holy Scripture ; Examples in France , Spain , Germany , England , and other Nations . The English Examples and Instances , generally , are partially cited , or mis-applied , or not fully understood by the Author ; and are matter of fact only . The Second Part is there said to be the Speech of a Temporal Lawyer , about the particular Titles of all such as might pretend , within England , or without , to the next Succession after Queen Elizabeth : which , according to his Account , were ten or eleven : yet this Author says ( if any body will believe him ) That this Treatise was wrote out of d singular Affection and Devotion to that excellent Princess , and with special care of her Safety . It was dedicated to the Earl of Essex , with design , after the Queen of Scots was taken off , e to baffle the Title of King James , who was her immediate Heir ; and either to fix it upon the Earl , ( for whom he had made a Title , ) or to promote a Contention between the King and him about it , while by some means or other ( which was their main intention ) the Infanta of Spain , by a far-fetch'd Title , might obtain the Kingdom , and thereby advance their own Purposes and Religion . How justly this Book is censured by the Judicious Camden , and branded with Perfidiousness , and Design to delude and abuse the People , raise Tumults and Seditions , the Reader may see in the places cited in the Margin . In the Year 1648. as a Preparative to the Deposition and Murther of King Charles the First , there was published a Pamphlet , and printed at London by Robert Ibbitson , under the Title of Several Speeches , delivered at a Conference concerning the Power of f Parliaments to proceed against their King for Mis-Government : And the Heads in the Title Page , upon which these Speeches are pretended to be made , are in number nine , and the very same , verbatim , with the Titles of Doleman's nine Chapters in his first Part of the Conference touching the Succession to the Crown : and the Matter and words of the Speeches themselves , almost in all things , are the very same , except the Transitions , Connexions , and some few , not material passages , which are left out . From these Conferences of Doleman , which by crafty Men were published by Retail , in several Pamphlets , Speeches , Declarations , pernicious Deductions , &c. and from the nine Speeches last mentioned , all the Factions in the late times of Rebellion , were furnished with Arguments , Reasons , Examples and Pretences for their Seditious Practices . And the Suggestions of the Act for the Tryal of King Charles the First , and the Materials of the long Speech Bradshaw made , to declare the Grounds of the Sentence , and aggravate the things laid to his charge , by mis-applying both Law and History , were borrowed from these Books : as likewise was much of the most seditious part of Milton's Book , entituled , The Defence for the People of England . Also in the Year 1655. at London , was printed an Abstract of Parsons his Book , containing the Substance , and often the Words of it . The Chapters being divided into several short Sections , with Titles to each of them ; this bears the name of a Treatise concerning the broken Succession of the Crown of England . To what end it was at that time published I cannot guess , unless to set up a Foreign Title , or make way for Oliver Cromwell's Kingship . And how lately there hath come forth a Pamphlet , under the name of A Brief History of the Succession , collected out of the Records , and most Authentick Historians ; for the Satisfaction of the Earl of H. Much or the Materials of this Pamphlet , and most of the History contained in , it concerning the Succession , are taken out of the Jesuit's Book , the Speeches and Abstract before mentioned ; but this Author's industry leads him further than Polydor Virgil , who is mostly cited by his three Predecessors ; and sometimes Stowe and Hollinshead . And for the making his Work more plausible and passable , and more readily to be received by his ordinary Readers , he takes very little notice of Polydor ( who pointed him to his Authors and Places ) but cites William of Malmsbury , Henry of Pluntington , Simeon Dunelm . Ailredus , Abbas Rievallensis , Brompton and others , ancient Writers , in his Saxon Instances especially : whose Words , if faithfully cited , would have been of no use to him ; for often , in the middle of the Sentences , and of Records he hath cited , he hath left out such Words and Matters as would have ruined the Design or his History . A Paralel of his Words , with the true Words of the Authors from whence he had them , will be given at the latter end of this Treatise . Hence we proceed to the Succession ; by a true History whereof , Men will be able to judg what was the Government , and how the Crown hath Hereditarily discended for many Ages in this Nation : And though History is so deficient , and the many Rencòuntèrs , and Invasions of one another's Territories and Bickerings between the petty Kings and Governors of the Saxons in the time of the Heptarchy , the Succession cannot be well made out ; yet ( though not in all ) we may be able to make out a Succession in the greatest and most Illustrious Kingdom of them ; which was that of the West-Saxions . The Saxon Succession . Egbert , who is commonly said to be the first Saxon Monarch , though he brought not the whole Heptarchy under his Power and Government , succeeded Brihtric . King of the West-Saxons . The Words of the Saxon Chronicle are these only ; a BEORHTRIC CYNING FORTHFERD & ECGRYHT FENG to WEST-SEAXNA RICE . Which words the Translator thus renders , Beorhtricus Rex Occidentalium obiit , Egbryhtus Occidentalium Saxonum Regnum Capessit . And b Florence of Worcester , who strictly follows this Chronicle , says , Rex Occidentalium Saxonum Brihtricus obiit & Egbertus successit : that is , Brihtric died , and Egbert , King of the West-Saxons , took the Kingdom , or succeeded him . c Simeon Dunelmensis says , Defuncto Rege glorioso Brihtrico Occidentalis regni , suscepit post ipsius obitum Regnum & Impertum Egbertus Rex , qui ex regali illius gentis prosapia exortus Diadema totius regni capiti imposuit . d William of Malmsbury is more particular in this matter , and reports the Jealousie Brihtric had of Egbert , Quem solum regalis prosapiae superstitem , validissimum suis utilitatibus obicem metuebat , Franciam fugandum curavit . Who only of the Royal Line was left , and the greatest Cheek to his Design , he caused to fly into France . e Nam & ipse Brihtricus & caeteri infra Inam Reges licet naturalium splendore gloriantes , quippe qui de Cerdicio originem traherent , non purum tamen linea regiae stirpis exorbitaverant . For though Brihtric himself , and the rest of the Kings since Ina , boasting of their Lineage , as drawing their Origin from Cerdic ; yet they did not a little exorbitate from the true Royal Line . The Pedigree of Egbert . f Egbertus fuit filius Ealmundi , Ealmundus Eafae , Eafa Eoppae , Eoppa fuit filius Ingildi : Egbert was the Son of Ealmund , Ealmund of Eafa , Eafa of Eoppa , Eoppa of Ingild , g the only Brother of Ina , King of the West-Saxons ; who left his Kingdom , went to Rome , lived a Monastick Life , and died Childless . h Ethelwolfe succeeded his Father Egbert in the Kingdom of the West-Saxons , and he gave to his other Son Aethelstan his Conquests ; Kent , East-Sex , Surrey and Sussex ; of which he made him King. i Malmsbury saith thus ; Ethelwolphus West-Saxonum regno contentus , caetera quae pater subjugaverat Appendicia , Aethelstano filio contradidit , qui quanto & que fine defecerit incertum . k Ethelwolph by Will divided his Kingdom between his Sons Ethelbald and Ethelbert . l To Ethelbald he gave West-Saxony ; to the other Kent , &c. and by Will gave the Kingdom of West-Saxony to his Sons Ethelred and Elfred , after Ethelbald's Death , Successively . Ethelbald lived but five Years , when Ethelbert possessed the whole Kingdom , Vt justum èrat , says m Asser , Florence of Worcester , and Simeon Dunelmensis . n Ethelred , third Son to Ethelwolph , and Brother to Ethelbert , succeeded him in his Father's Kingdom , who Reigned five or six Years . o Alfred , fourth and youngest Son of Ethelwolph , succeeded his Brother Ethelred . Fratribus suis Sccundarius fuit : He was a Coadjutor , or Assistant to his other Brothers . Asser . fol. 7. 50. To whom succeeded his Son p Edward , called the Elder . To him succeeded his Son q Ethelstan , EADWEARD CYNG FORTH FERD and AETHELSTAN his SUNN FENG to RICE . King Edward died , Ejusque filius Aethelstanus capescit regnum : And his Son Aethelstan succeeded in the Kingdom . These being the usual Saxon and Latin Words by which the Succession is expressed . r Florence of Worcester , and Simeon of Durham , both say , Rex Edwardus Sen. ex hac vita transiens Aethelstano filio regni gubernacula reliquit : King Edward the Elder dying , left the Government of the Kingdom to his Son Aethelstan . f Malmsbury says thus in the History of Edward the Elder ; Jussu Patris in Testamento Aethelstanus in Regem acclamatus est : By the Command of his Father , in his Will , Aethelstan was proclaimed King. By some Aethelstan is affirmed to be a Bastard , from the report of t William of Malmsbury , in the Book and Chapters last cited : Who tells us that one Alfred , a Man of u great Insolence , and his Faction , opposed Aethelstan , upon pretence he was a Bastard . Occasio contradictionis ut serunt ( says the Historian ) quod Aethelstanus ex Concubina natus csset : The occasion of Contradiction was , that Aethelstan was born of a Concubine , as was reported . Sed ipse praeter hanc notam si tamen vera est , nihil ignobile habens : But he had no other Mark of Ill upon him but this , if it were true . And telling the story how King Edward the Elder ( as it was reported ) stole a Leap with a Shepherd's Daughter , by the help of his sometimes Nurse ; of whom , it is fabled , he begat Aethelstan ; he says he had it from x trite Tales and Songs ; and that he related it not to defend the truth of it , but because he would keep nothing from his Readers . Nor indeed is the story credible ; for the same Author in the same y Chapter reports , that his Grandfather , famous King Alfred , in his Life-time wished him a prosperous Reign , embracing him as a Child of great Hope , and excellent Behaviour , and Knighted him in his Childhood ; putting on him a Scarlet Cloak , and girding him with a Belt set with Gems , and a Saxon Sword in a Golden Scabbard . This so wise and great a King as Alfred was , would never have said and done to a Bastard . z Edmund his Brother succeeded Aethelstan in the Kingdom . After him a Edred , third Brother to Aethelstan , succeeded in the Kingdom , and was consecrated King by Odo Arch Bishop of Canterbury . This was done in the Nonage of King Edmund's Sons , when they were very young , and the Nation under great difficulties . The Saxon Chronology says , EADRED AETHELING his Brother FENG to RICE regnum ●apessit . Florence of Worcester , Edredus proximus haeres fratris succedens regnum suscepit . b Malmsbury , Edredus tertius e filiis Edwardi regnum suscepit . Simeon Dunelmensis , Edredus frater Edmundi in regnum successit . Edwy c the Son of Edmund succeeded his Uncle Edred : He banished Dunstan , turned out Monks , and placed Secular Priests in Monasteries ; and d was so displeasing to the Mercians and Northumbrians , that they rejected him , and chose his Brother Edgar ; who also succeeded Edwy in the Kingdom of the West-Saxons . e Eadwigus Rex Kal. Octobris obiit , and Edgar his Brother FENG to RICE : Edwy died on the First of October , and Edgar his Brother took the Kingdom . Flor Wigorn. Abomni Anglorum populo Electus regnum suscepit . f Malmsbury , Edgarus adolescentulus se decem annorum regnum adipiscit . Edward his Son , called the Martyr , succeeded him ; filiumque suum g Edwardum & regnt & morum haeredem reliquit : And left his Son Edward Heir , as well of the Kingdom , as of his Vertues and Endowments . But there happening a Contest between him and this Brother about the Succession , h Quidam Regis silium Edwardum , quidam illius fratrem eligerunt , Ethelredum : quam ob causam Archipresules Dunstanus & Oswaldus cum Co-episcopis . Abbatibus , ●uc●busque quamplurimis in unum convenerunt , & Edwardum ut pater eius praeceperat eligerunt , Electum consecrarunt , & in Regem unxerunt : Some elected Edward , the King's Son , some his Brother Ethelred : wherefore the Arch-Bishops , Dunstan and Oswald , with the Bishops , Abbots , and very many Noble-Men , being gathered together , elected Edward , ( as his Father had commanded ) consecrated and anointed him King. i This Contest was managed , and set on foot by Elfrida , second Wife to Edgar , and Mother in Law to Edward . Who k by her Contrivance being murthered , was succeeded by his Brother Ethelred . FENG ETHELRED AETHELING his BROTHER to RICE : and Ethelred Aetheling his Brother enjoyed or possessed the Kingdom . The Danes , ever since the beginning of King Egbert , having by continued Invasions , harassed , and grievously wasted and molested England , in the Reign of King Aelfred , by l Pact and Bargain between him and Guthrum , enjoyed East-Saxony , or Essex , and the Country of the East-Angles , and a far greater part of this Nation , as many think . And in this King Ethelred's Reign , Swane , King of Denmark , with a great Army invaded , and made himself Master of the whole Nation ; forcing Ethelred and his Wife Emmy , Sister to Richard , second Duke of Normandy , with their two Sons , Edward and Alfred , into that Country . But m Ethelred had a former Wife Elgive , Daughter of Duke Thored : By her he had many Sons ; of whom Edmond called Ironside being the third , Aethelstan and Egbert dying without Issue , by the n Election of the Londoners and West-Saxons , succeeded his Father in the Kingdom . Florence of Worcester says , again , after the death of Ethelred , the Bishops , Abbots , Duces & quicque Nobiles Angliae met , and chose Cnute the Son of Swane ; but the Londoners , and that part of the Nobility which was with them , by one consent made Edmund King. After o several Battels fought for the Sovereignty of the Kingdom between these two Pretenders and their Adherents , being weary on both sides , they were persuaded to part the Kingdom between them ; which was done . But not long after Edmund died at London : The Arch-Traytor p Edric , after he had caused Edmund's Brother Edwy to be murdered , advised Cnute to kill his two Sons also , Edward and Edmund . But he thinking it a great scandal and disgrace to him that they should be killed in England , sent them to his Friend and Confederate , the King of Sweves , to be slain ; who not complying with his desire , sent them to Solomon , King of Hungary , to be preserved : where Edmund died , and Edward married Agatha , Daughter to Henry the Roman Emperor : by whom he had Edgar , Aetheling , Edmund , Christiana , who all died without Issue , and Margaret , Queen of Scotland , whose Daughter Maud was married to Henry the First . After the death of Cnute , the Londoners , as q Ingulph of Croyland , and r William of Malmsbury do report , chose Harold ; but the English had a mind to chuse Edward the Son of Ethelred , or at least Hardecnute the Son of Cnute by Emme his Wife , the Widow of King Ethelred , who was then in Denmark ; and that he coming over , the Kingdom was divided between them ; and taking Possession of his Share , returned into Denmark : and that Harold , in his absence , made himself Master of the whole Kingdom ; who s living only four Years , after his death , both English add Danes sent for Hardecnute into Denmark to succeed him . The Author of the Encomium of Emme t says , Cnute gave both this and his other Kingdoms to his Son Harde-Cnute , by Emme . Edward , u by the Policy , Power and Industry , chiefly of Earl Goodwin , and Livingus Bishop of Worcester , was made King at London , and was anointed King at Winchester by the Arch-Bishops of Canterbury and York , and almost all the Bishops in England . He being in England at the time of the death of his half-Brother Harde-Cnute x was in a great streight , not knowing what to do , and thinking to retire into Normandy , as he was advised by the Normans , applied y himself unto Earl Godwin , who minded him whose Son he was , and of his Right to the Kingdom ; aud agreeing to marry his Daughter Edgith , and to other Conditions propounded to him , being forced by necessity to consent thereto , Godwin ( a Council being immediately called ) by his Reasons and Rhetorick , made him King. Gul. Gemeticensis z saith , Hardecnutus reliquit Edwardum fratrem totius regni Haeredem : Harde-Cunte left Edward his Brother Heir of the whole Kingdom . Ailred , a Abbot of Rievalle , tells an idle Tale in the Life and Miracles of Edward the Confessor ; that his Father , King Ethelred , being solicitous about a Successor , though he had at that time two Sons , Edmund Irorside and Alfred ; yet in a great Convention of Bishops and Noble Men before him , and a great Concourse of ordinary People , by the Prescience and Direction of God Almighty , this Edward was chosen King while he was in his Mother 's Womb. Praebet electioni Rex , consensu laeti praebent proceres Sacramentum , & inasitato Miraculo in ejus fidelitate jurarunt , qui utrum nasceretur ignorarunt . The King consents to the Election , and the Noble-Men joyfully ; and by reason of an unusual Miracle , swear Fealty to him before they knew whether ever he would be born . He is the only Author of this Legend that I know of , and do think it a little too gross to be believed . Edward the Confessor designed his Nephow , Prince Edward , the Son of Edmund Ironside , for Ins Successor ; and in the thirteenth Year of his Reign , nine Years before he died , sent for him out of Hungary ; where he then was in Banishment ; but in a short time after he died at London , b Anno Dom. 1057. Clito Edwardus Regis Eadmundi ferret lateris , filius , ut ei mandarat suus Patruus Rex Edwardus de Hungaria , quo multo anno in exilium missus fuerat Angliam venit , decreverat enim Rex illum post se Regni haeredem constituere , sed ex quo venit parvo post tempore vita decessit Londoniae . After the death of Edward the Confessor , Harold c Throno Regio se intrusit : And as Ailredus before cited hath it , d Quidam Edgarum Adeling , cui Regnum Jure haereditario debebatur Regem constituere moliuntur , sed quia puer tanto honore minus idoneus videbatur , Haraldus Comes de genere perditorum , cujus erat & mens astutior , & crumena faecundior , & miles copiosior sinistro omine Regnum obtinuit : Some endeavoured to make Edward Atheling King , to whom the Kingdom belonged by Hereditary Right : But because he was a Child , and seemed not fit for so great Honour , Earl Hurold , a crafty Traytor , being better furnished with Money and Soldiers , by sinister Fater obtained the Kingdom . To the same purpose Henry of Huntington says , Quidam Anglorum Eadgar Adeling permovere volebant in Regem ; Haraldus vero viribus & genere fretus Regni Diadema invasit : That is , Some of the English would have had Edgar Atheling King ; but Harold , being well furnished with Forces , and assisted by his Kindred , invaded the Crown , f. 210. b. n. 10. From the various Expressions of the antient Writers of the Saxon Story , concerning the Succession , an unwary Reader would think the Saxons agreed not in one Rule of Succession , or that they had no Rule at all . But whoever considers with understanding what here is said , will find they had , and pursued a sure Rule of Succession ; which was either Right of Blood , or the Nomination and Appointment of the preceding King ( as we hinted before ) which Nomination by the Saxon Kings mostly happened in the Minority or Nonage of their Children , and that only b was thought and allowed Cause sufficient for the Father to prefer his Brother's Son before his own , or a Bastard before his lawful Issue . For by the subsequent Instances it will plainly appear , that the Saxons did in their Subjection , owning of , and Submission to their Princes , acknowledge both Proximity of Blood , and Nomination of their Princes ; often both , sometimes only one of them ; but never followed any other Rule . Aethelwolph , the Father of Elfred , notwithstanding by Proximity of Blood his Sons were his Heirs , yet c bequeathed his Kingdom successively to Ethelbald his Eldest , Ethelredg his Third , and Aelfred his Fourth ; having before given Kent , Surrey and Sussex , &c. to his Second Son Ethelbert : d yet he succeeded Ethelbald in all his Dominions , and Ethelred and Aelfred both succeeded him according to their Father's Will , e notwithstanding it is said Ethelbert had two Sons , Athelm and Aethelwald . This Testament of Ethelwolph f Florence of Worcester calls Epistola Haereditaria . Edgar g filium faum Edwardum & Regni & morum hoeredem reliquit : Left his Son Edward Heir of his Kingdom and Endowments . Archipresules Dunstanus & Oswaldus cum Coepis . Abbatibus & Ducibus quamplurimis una convenerant , & Edwardum ut pater ejus praeceperat , eligerunt , electum consecraverunt , & in Regem unxerunt : The Arch-Bishops Dunstan and Oswald , with their Fellow-Bishop , Abbats , and very many Dukes , or prime Men , chose Edward , as his Father had commanded , and consecrated and anointed him King. Eligerunt here signifies no more than Recognoverunt , They acknowledged , owned , submitted unto him as their King , as his Father had commanded , and by Will appointed . This King's Command was stricter than a Conge D'estire ; where the King nominated the Person to be chosen Bishop , and he is always accepted and owned by the Chapter ; and yet they are said to chuse , though limited by the King's Nomination . So in many Corporations and Bodies Politick , in this and other Nations , they have a Person nominated to them ; and yet they are said to chuse him , though they can chuse no other . Rex Edwardus ( senior ex hac vita transiens , h filio Aethelstano Regni Gubernacula reliquit : King Edward the Elder dying , left the Government of the Kingdom to his Son Aethelstan . i Aethelstanus jussu patris in Test amento in regem acclamatus , est : After , him , his Brother Edmund swayed the Scepter . Cui k Edredus proximus heres fratri succedens Regnum suscepit : To whom Edred , the next Heir , succceded his Brother Edmund , and undertook the Government . What next Heir could Edred be his Brother Edmund . but a Testamentary Heir , when at that time he left two Sons , Edwy and Edgar , both small Children , and both were Kings successively , after their Uncle . Concerning this Testamentary Heir it is said , Viventis non est haeres ; for the Testator might alter his Will when he pleased . These Testamentary Heirs were either Scripti , as when the Testament was written by the Testator : or Nuncupati , as when it was written by another , and dedicated by the Testator , or they were declared Heirs only before many Witnesses without writing ; and without doubt often it happened that our Saxon Kings did only call together the Bishops and Nobility , or such of them as they pleased , and declared their minds concerning their Successor . Cnutoni virorum dignissimo [ d ] pater Swanus Sceptrum commiit Regale . Swanus Danorum Rex Angliam vi suo subjugandat imperio , moriens ejusdem Regni Cnutonem Successorem constituit : Swane , King of Denmark , having subdued England by force ; dying , appointed Cnute his Successor in that Kingdom . By Emme , Widow to King Ethelred , whom he had married , and made his Queen , he had Harde-Cnute his Son : [ e ] To him his half-Brother Cnute gave all that had been any ways under his Government . But Harde-Cnute being in Denmark when his Father died , whereof he had made him King , Harold possessed himself of England . Who was f ] Cnute's Son by a Concubine , or a Bastard Son of a Maid-Servant brought into his Concubine's Chamber , and imposed on him by her . And for this reason Elnoth Arch-Bishop of Canterbury , refused to consecrate him King , and to deliver him the Crown and Scepter . Harold being dead , g Harde-Cnute , so soon as he was consirmed and setled in this Kingdom , called his half-Brother Edward by his Mother Emme ( afterward called the Conseffor ) out of Normandy , and caused . him ; to live with him ; who dying within two Years , h Edwardum totus Regni reliquit baredem , Left Edwardum Heir of the whole Kingdom . He could be no other than a Testamentary Heir , there being Heirs of the right Line , both of Saxon and Danish Blood , before him . Rex Edwardus i ] Robertum Archiepiscopum Cantuariae Legatun ad Gulielmum Comitem Normaniae a latere suo direxit , illumque designatum sui Regni Successorem tam debito cognationis quam merito virtutis sui , Archipresules relatu insinuavit . King Edward sent Robert , Arch-Bishop of Canterbury , Envoy to William , Earl of Normandy , to let him know he was appointed his Successor in his Kingdom , as well for that he was of his Kindred , as for his great Vertue . With Ingulph agrees k William of Poictou : and adds , the Succession was given to him by Edward , Cum optimatum suorum assensu . Harold l going to William , Duke of Normandy , to release his Brother and Nephew that were Hostages with him for his Father Earl Godwin's Good Behaviour towards King Edward , he told Harold that King Edward had faithfully promised him , that if ever should be King , Jus Regni in illium iure bareditario post se transferret : That he would , after himself , transfer the Hereditary Right of the Kingdom to him . Yet m Eadmer says , Juxta quod Edvardus ante mortem statuerat , in Regnum ei successit Haraldus : according as Edward had appointed before his death , Harold succeeded him in the Kingdom . Florence of Worcester n says , Haraldus quem Rex ante suam Decessionem regni Successorem elegerat , a totius Angliae primatibus ad regale culmen electhus est . Simeon of Durham o hath the same words . Harold , whom the King had chosen his Successor before his Decease , was elected to the Royal Dignity by the chief Men of England . Here we see how the Election was bound and limited by the Nomination of the Successor by the Predecessor . These are the words of Florence of Worcester , and such as follow him . Which notwithstanding , he certainly was a plain Usurper according to p Ingulph of Croyland , and Aifred Abbas Rieval . and Henry of Huntington before noted , the Donation of Edward being a meer pretence . From Egbert the first Saxon Monarch , to Ethelred the last Saxon King , by Right of Blood , for the space of two hundred and sixteen Years , we read not of many Elections : and where we do meet them , they are bound and limited by Proximity of Blood , or Nomination of the Successor by the Predecessor : And where the word Election , or any thing in that Sense is used , it signifies only a Recognition and Submission . The Saxon Expression concerning Succession and the Successor is always the same . FENG to RICE , variously turned by Translators , Regnum capessit in the Saxon Chronology , which renders it verbatim ; by others , Successit , electus est , &c. He took Possession of the Kingdom , He succeeded , He was chosen , &c. The Danish Kings stayed not long here after Swane had conquered the Kingdom ; they all four reigned not much above twenty five Years , their best Title was the Sword : notwithstanding , they either brought hither the Custom of the Predecessor naming or giving the Kingdom to his Successor , as probably it might have been practised in their own Kingdoms ; or used it as they found it here practised by the Saxon Kings . The Saxons were very weary of the Danish Government , and without doubt , very forward to set up a King of their own Nation ; yet the Donation of Harde-Cnute was as great a step for Edward the Consessor to the Throne , as the Power and Policy of Earl Godwin and Livingus the Bishop of Worcester . Ingulph , Secretary to William when Duke of Normandy , reports the Donation of England to him very confidently , and as if in those times such Gifts were not much questioned : Anno eodem Rex Edward senio jam gravatus , cernens Clisonis Edwardi nuper defuncti filium Edgarum Regio so lio minus idoneum tarn corde quam corpore Godwini que Comitis multam malamque sobolem , quotidie super terram crescere , ad cognatum suum Willielmum Comitem Normaniae animum apposuit , &c. eum sibi succedere in Regnum Angliae : voce stabili savivit : In the same Year , King Edward grown infirm witli Age , perceiving Edgar , the Son of the late deceased Edward Aetheling , neither in Mind or Body fit for the Government , nor to bear up against the growing Power and Malice of Godwin's Sons ; thought upon his Cousin William , Earl of Normandy ; and by a firm Declaration decreed he should succeed him in the Kingdom . Norman Succession . FRom what hath been said , the Pretences and Causes of William , Duke of Normandy , his succeeding Edward the Confessor , and enjoying the Crown of England , are very evident ; as also , are the same to his Dukedom . q He was the only Son of his Father Robert ; who going on Pilgrimage to Jerusalem , called together the Noble-men of his Dukedom , and brought his Son William , though Illegitimate , before them , and earnestly exacted of them , that in his stead they would chuse him their Lord : who , though but a Child , they forthwith , according to the Decree of the Duke , acknowledged him for their Prince and Lord , swearing Fealty unto him . r Robertum ergo Archiepiscopum cum optimatibus suis Duc atus accersivit , & illis velle se appetere Jerosolimitanam pergrinationem manifestavit , exponens autem eis Willielmus filium suum , quem unicum apud Falesiam genuerat ab iis attentissime exigebat , ut hinc sibi loco sui dum eligerent , Qui licet sub tenerrima detineretur oetati puerili juxta Decretum Ducis protinus cum prompta viracitate collaudavere principem & Dominum , pangentes ti fidelitatem non violandis Sacramentis . And R. Hoveden affirms it to have been the custom in Norway ( from whence the Normans came ) for Bastards to inherit , and that in his time it was so . f Consuetudo Regni Norweiae est usque in hodiernum diem , quod is qui alicujus Regis Norweiae dignoscitur esse filius , licet sit spurius & de ancilla genitus , tantum sibi jus vendicat in Regnum gentitus & ideo fiunt inter eos proelia indesinenter , donec unus eorum vincatur , & interficiatur . And so it happened between the Curators of Duke William in his Nonage , and the Pretenders as Heirs to his Grandfather of the Dutchy of Normandy . The same Right of Succession , as Testamentary Heir to his Father , William Rufus had to the Crown of England . t Metuens Rex ne in Regno tam diffuso repentina oriretur turbatio , epistolam de constituendo Rege fecit Lanfranco Archiepiscopo suoque sigillo signatam tradidit Gulielmo Rufo silio suo , jubens ut in Angliam transfretaret continuo . This was done a little before the Conqueror's v Death : and he did it for that his Son William always stuck close to him , and had in every thing , according to the utmost of his power , been dutiful and obedient . x Rufus brought his Father's Epistle , by which he had constituted him King of England , to Lanfranc Arch-Bishop of Canterbury : who , having read it , hasted with him to London , and consecrated him King in the old Church of St. Peter at Westminster on the y 26th . of September , his Father dying the 9th . of the same Month , z Willielmus Willielmi filius , saith Malmsbury , a patre ultima valetudine decumbente in Successorem adoptatus est , accessit & favori ejus maximum rerum momentum , Archiepiscopus Lansrancus , eo quod eum nutrierat & militem fecerat : quo Authore annitente , Die Sanctorum Cosinae & Damianae Coronatus est . That is , William the Son of Willaim was by his Father , in his last Sickness , adopted his Successor : but it was matter of great moment , and the greatest Addition to his Success , that Arch-Bishop Lanfranc had educated him , and made him a a Knight ; by whose Authority and Endeavour he was Crowned on the day of Cesina and Damianus . Florence of Worcester , who only says that he was consecrated King at Westminster by Arch-Bishop Laufranc , hath noted , that not long atter his Coronation there arose great Discord and Contention between the chief Men of England : for part of the Great and Noble Normans favoured King William , but it was the least ; and the other part of them favoured Robert Duke of Normandy , which was the greatest . Odo , who b mortally hated Lanfranc , headed the Duke's Party , and Lanfranc headed the King's ; who , with the King , c Congregatio quantum ad presens poterat Normanorum , sed tamen maxime Anglorum , equestri & pedestri ( licet mediocri ) exercitu , &c. Having raised such an Army as he could of Horse and Foot of Normans , but the grratest part English ; ( though but a mean one ) and by using the common Bait of Liberty , declaring he would relax the rigid Laws , give free leave of Hunting , &c. Also by insinuating into Roger Earl of Arundel and Shrewsbury , the chief Person for the Duke , next unto Odo Bishop of Baieux and Earl of Kent , brought him off to his Party . By these means he brake the Force of his Enemies , and ever after ruled by an Army . More of this story may be seen in Eadmer . Ord. Vit. f. 666. &c. Florence of Worcester , and Malmsbury , in the places before cited , who all lived at the time . Here we see Rufus claimed as Testamentary Heir , and by reason of that Claim was advanced to the Throne , by the Assistance of Lanfranc's and the Bishops Faction , who then swayed the People , and ruled by the help of an Army ever after . Whoever rightly considers this story , cannot call it an Election . After the death of Rufus , Florence of Worcester only says , that Henry , his third Brother succeeded him ; and that the day he was crowned by Maurice Bishop of London , he gave great Liberties to the Church and Kingdom ; and commanded that King Edward's Laws should be observed , with such Amendments as his Father had amended them . And further says d that very many great Men sent for Duke Robert over , and promised him the Crown and Kingdom : and coming , they did some of them adhere to him , and e others , dissembling their Kindness and Affection , stayed with King William until they had an opportunity of shewing it . But the Bishops , the Common Soldiers and English ( stuck close to King Henry ; by whose means he raised a very great Army , and were ready to fight for him ; when they came to an Agreement by the Mediation of the wise Men of both Parties . Eadmer tells us that most of the great Men either did , or were ready to revolt from King Henry ; but Anselm Arch-Bishop of Canterbury , who had given him great Assistance in raising his Army , upon great Promises made , that all the Church-Affairs should be left to his direction and disposing , and that he would for ever after obey the Decrees and Commands of the Pope , procured the great Men to assemble ; and then so wheedled and cajoled them and their Army , that he altered theit Intentions : And it was from his Fidelity and Industry that Henry lost not the Kingdom . This King Henry was a plain right down Usurper , he had no pretence of Donation , no Testamentary Right from his Father ; and therefore , as a Malmsbury shews us more particularly , he was advanced by a Faction ; there being only five great Men , Robert Fitz-Haymon , Richard de Redvers , Roger Bigot , Henry Earl of Warwick , and Robert Earl of Mellent , his Brother ; all Normans that favoured him : and by the contrivance of Henry Earl of Warwick he was elected King. All others sent privately to Duke Robert to come and be their King , or openly reproached Henry . This was an excellent Election made by a Faction and an Army , and perhaps with a bawling multitude after them ; and indeed , there could be no other Election than such an one as this , for Rufus was slain in New Forest on the 2d . of August , being Thursday ; and Henry was Crowned on the 5th . of August , being Sunday : So that it was impossible for all that were or ought to be concerned in such an Election , all the Kingdom over to have notice , meet and dispatch that Business in two days time . These Historians lived at the very time these things were done . It is true he says in his own Charter , b That he was Crowned King by the Common Council of the Barons of England . Sciatis me misericordia Dei , & Communi Concilio Baronum Regni Angliae ejusdem Regni Regem Coronatum esse . And he must say this , or nothing ; for no other Pretence or Title he could have ; and there never was any other Usurper in his Circumstances , but must say so , or some other thing , to make out a Title . King Stephen , in his Charter of Liberties , says , He was elected , A Clero & Populo . King John , in his Charter of Fees of the Seal , affirmed himself right Heir to the Crown , when Arthur Duke of Britain , and his Sister Eleanor , Son and Daughter to his Elder Brother Jeffrey , were then living : and they were both vain Affirmations , as will appear in their several stories . Some later Historians than these , as c Matthew Paris , who wrote above an hundred Years after them . Mat. Westminster , and Hen. de Knighton , and Brompton , who wrote at least two hundred and fifty Years after them ; all say he was elected : But only Knighton , amongst them all , tells us the most considerable reason why Robert , his elder Brother , was rejected , c Robertus , says he , semper contrarius & adeo innaturalis extiterat Baronibus Regni Angliae , quod plenario consensu & consilio totius Communitatis Regni IMPOSUERUNT EI ILLEGITIMITATEM , QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS , UNDE UNANIMI assensu suo ipsum refutaverunt , & pro rege omnino recusaverunt & Hen. frem . in Regem erexerunt . Robert was always averse , and so harsh to the Barons of England , that they , by full Consent and Advice , voted him Illegitimate , because he was not begotten lawfully by William the Conqueror ; and for that reason , by unanimous Assent , they refused him , and set up Henry his Brother to be their King. From this Passage of Knighton , we see the Community , or Baronage of all England fixed the Right of Succession in the Legitimate Right of Blood ; and therefore this King , his two elder Brothers being dead without Issue , desired to secure the Succession unto his Lawful Issue by Right of Blood. To that end , d all Freemen of England and Normandy , of what Order and Dignity soever , and of whatsoever Lord they held , or were Fendataries to , were forced to do Homage and swear Fealty to his Son William , then but twelve Years old . And in the a twenty seventh of his Reign , he caused all the great Men of England ( after the death of his Sons , William and Richard ) to recognize Maud the Empress , his Daughter , Queen ; to whom the b only Lawful Succession was due from her Grandfather , Uncle and Father that were Kings ; and from her Mother many Generations . In the thirty first of King Henry , c he and his Daughter coming into England , at a great Meeting of the Nobility , or Parliament , at Northampton , those which before had sworn Fealty renewed their Oaths to her ; and those which had not done it before , then did it . Paris tells us that the Clergy , and Great or Noble Men made Conditions with Henry ; who promised them what is before related : and in that gave them satisfaction . But as all Usurpers ever did , so he changed his Mind ; and his Canting Speech had no other effects than to enslave them : d ] for with a seared and cahterized Conscience he had obtained the Kingdom , and usurped upon his Brother Robert , who had manifest Right ; e impudently violating the Laws , and Promises by which he had drawn in all Men to serve him : and afterward , taking him Prisoner , caused his Eyes to be f pulled out , and kept him in Prison g twenty four Years , until he died . h King Henry having thus provided for the Security of his Daughter Maud , being asked in his Sickness by Robert Duke of Gloucester , and the Noble Men that then were with him , about a Successor . Filiae i omnem terram suam citra & ultra mate , Legitima & perenni successione adjucavit : Adjudged his Daughter his Lawful Successor in all his Territories . k Radulphus de Diceto , Dean of Saint Paul's , who died , Anno Dom. 1210. says , that Hath Bigot , Steward of the King's Houshold made speed out of Normandy ( where the King died ) into England , and made Oath before the Arch-Bishop of Canterbury , that King Henry upon his Death-bed , upon some differences which happened between him and his Daughter the Empress , did dis-inherit her , and made Stephen Earl of Boloign his Heir . Whereupon William Arch-Bishop of Canterbury giving too much credit to the words of the Steward , consecratcd Stephen Earl of Mortaigne King at Westminster . If this story be true , he was Testamentary Heir , and had a Testamentary Right ; and in that Right he was made King : But be this story true or false , his Advancement to the Throne was as followeth . Notwithstanding , all the Nobility , and amongst them , King Stephen himself , had sworn Fealty to Maud the Empress ; yet by the Interest . of his Brother l Henry Bishop of Winchester , and the Pope's Legat ( without which he could have done nothing ) he was made King : he brought off Roger Bishop of Salisbury , a great and powerful Prelate ; also William de Pout-Arch , Keeper of King Henry's Treasure , which was m 100000 l. in Money . And by his own Dexterity , the Artifice of his Brother , and Roger Bishop of Salisbury , and the advantage of this Money , he inclined the minds of the Noble Men much towards him , and to secure himself raised an Army mostly of Flemings and Britains . At his n Coronation were only three Bishops , the Arch-Bishop of Canterbury , the Bishops of Winchester and Salisbury , no Abbots , and few Noble-men . I think this looks not like an Election ; yet he in his Charter of Liberties , which he chiefly granted to the Church , says , he was elected by the Assent of the Clergy and Laity , and confirmed by the Pope . Afterwards , Stephen using the Bishops roughly , lost his Brother Henry's favour ; who , by his Legantine Power , b called a Council of the Clergy at Winchester , to consult of the Peace of the Kingdom : Where they conclude , that the Right of chusing and ordaining Kings chiefly belonged to them . And therefore , having first called upon God , they chose Maud the Empress Queen , c Ad Cleri ius potissimum spectat principem eligere & ordinare , invocata itaque in auxilium Divinitate , filiam Regis , in Angliae Normanni aeque Dominam eligimus , &c. But not long after , d being displeased with Maud , he entred into a Confederacy against her ; and , e as Legat , called another Council at Westminister , in which was read the Pope's Bull in favour of Stephen ; who was then advanced to the Throne again . And the Kingdom being wasted and destroyed with continual Wars , f the Arch-Bishop , this Legat and the Bishops mediate a Peace between Stephen and Henry Duke of Anjou , Son to the Empress : by which it was agreed , that Stephen should adopt Henry his Son , who , after his death , should enjoy the Crown , and Stephen quietly to wear it during his Life , &c. Which Agreement is most fully and clearly related by Matthew of Westminister : g Rex Stephanus omni horede viduatus praeter solummodo Ducem Henricum , recognovit in Conventu Episcoporum & aliorum de Regno optimatum , quod Dux Henricus ; jus haereditarium in Regnum Angliae : habebat , & Dux benigne concessit , ut Rex Stephanus tota vita sua suum Regnum pacifice possideret . Ita tamen confirmatum est , quod ipse Rex & Episcopi tunc praesentes cum caeteris Regni optimatibus jurarent , quod Dux Henricus post mortem Regis , si illum superviverct Regnum sine aliqua contradictione obtineret : that is , King Stephen not having an Heir , except only Duke Henry , did acknowledge in an Assembly of the Bishops and other Chief Men of the Kingdom , That Duke Henry had the Hereditary Right to the Kingdom of England ; and the Duke kindly granted that King Stephen should , during his life , peaceably enjoy his Kingdom . The Agreement was so confirmed , that the King himself , and the Bishops then present , with the rest of the best Men of the Kingdom sware , that Duke Henry , after the death of the King , if he should out-live him , should enjoy the Kingdom without all contradiction . This Accord afforded Quiet and Tranquillity both to Henry and the Nation , with certain Confidence of enjoying the Kingdom after the death of Stephen ; which he did . But as to his Right and Title , it added nothing to that , it being Hereditary : for he was acknowledged the true Heir by his Adversary Stephen , in the presence of the Bishops , and the best Men of the Kingdom : who all likewise acknowledged it by owning the Accord , and swearing to observe it . On the h 24th . of October , the Year following , King Stephen died , and on the 19th . of December following , Henry was Crowned at Westminster by Theobald Arch-Bishop of Canterbury . And Maud the Empress , being satisfied with the Enthroning of her Son , quitted her Pretensions . King Henry the Second dying in France , July 7. 1189 , i his eldest Son and Heir , Richard , was by Walter Arch-Bishop of Roven , girt with the Sword of the Dukedom of Normandy , on the 20th . of the same Month , in the presence of the Bishops , Earls and Barons of Normandy . And before his coming into England , k every Free-man of the whole Kingdom , by the Command of his Mother Alienor , sware Fealty to Richard , King of England , Son of King Henry , as to their Liege Lord , against all Men. Afterwards , l coming to London , Congregatis ibi Archiepiscopis , Episcopis , Comitibus , Baronibus , & copiosa Militum multitudine in occursum ejus , quorum Consilio & assensu ipse Dux 3. Nonas Septembris , Consecratus & Coronatus est apud Westmonasterium in Regem Angliae : a Baldwino Cantuariensi Archiepiscopo , &c. The Arch-Bishops , Bishops , Earls , Barons , and a copious multitude of Knights met him : by whose Advice and Assent , the m Duke was Crowned King of England by Baldwin Arch-Bishop of Canterbury , many other Bishops there named assisting . Et omnibus fere Abbatibus , & Prioribus , & Comitibus , & Baronibus Angliae astantibus . Almost all the Abbots , Priors , Earls and Barons of England being Spectators . Ralph de Diceto , then Dean of St. Paul's , London , who , in the Vacancy of that Church and Bishoprick , n supplied the Office of the Bishop at King Richard's Coronation , hath this passage , Comes itaque Pictavorum Richardus HAEREDITARIO JURE PRAEMOVENDUS in Ragem , post tam Cleri , quam Populi solemnem & debitam Electionem involutus est triplici Sacramento , &c. Therefore Richard , Earl of Poictou , being by Hereditary Right to be made King , after the solemn and due Election , as well of the Clergy as the Laity , sware to three things . o Scilicet , Quod opem impendet pro viribus , ut Ecclesia Dei populusque Christianus veram pacem obtinent , quod interdicet omnibus Rapacitatem , quod in judiciis equitatem praecipiet & misericordiam . That is to say , That he would use his utmost power , that the Church of God , and Christian People might enjoy true Peace : That he would interdict Rapine to all Men : That he would command Mercy and Equity to be done in Judgments . What can this solemn and due Election signifie here ? what can it mean further , than that Richard being King by Hereditary Right , was so owned and recognized by the Clergy and Laity ? John , in his Brother Richard's Life-time , had a mind to be King ; and taking advantage or his Absence in the Holy Land , and his Imprisonment in Germany , practised with the Nobility and Londoners to that purpose . The last sware faithful Service to their Lord , King Richard , and to his Heirs ; and if he should die without Issue , Vt reciperent Comitem Johannem fratrem Richardi Regis in Regem & Dominum . That they would receive Earl John , the Brother of King Richard , for their King and Lord : and swore Fealty to him against all Men , saving their Fealty to his Brother King Richard. Two Years afterward , confederating with the King of France against his Brother , and being assisted by him , he returned into England , and brought many Strangers with him : and coming to London , demanded the Kingdom of the Arch-Bishop of Roven , who was then Justiciary , and the other Justiciaries of England , & Fidelitates Hominum Angliae ; affirming the King of England , his Brother , was dead . But not believing him , they and the other great Men of the Kingdom rejected him . Then , swelling with Fury , he fortified his Castles and places of Strength , and seized the Crown-Lands . Many came in unto him ; but being deceived , they were punished according to their deserts . And for these and other q Treasons committed the Year following ; as combining with the King of France , and offering great Sums of Money to the Emperor to keep King Richard in Prison , and making new r Disturbances in the Nation . ſ Per Commune Consilium Regni Definitum est quod Comes Johannes dissaifiretur de omnibus Tenementis suis in Anglia . By the Common Council of the Kingdom it was decreed he should be disseized of all he held of the King in England . And presently all his t Castles were besieged and taken from him . Yet for all this , the next Year King Richard v pardoned his Brother John , and restored to him the Earldom of Moreton , or Mortaigne , the Honour of Eye , and Earldom of Glocester , except the Castles ; and for his other Earldoms and Lands , allowed him Yearly eight thousand Pounds of Anjou-Money . And in the last Year of his Reign , x Cum Rex de vita desperaret , divisit Johanni fratri suo Regnum Angliae , & omnes alias terras suas , & fecit fieri praedicto Johanni fidelitates ab illis qui aderant , & praecepit ut traderentur ei Castella sua & tres partes Thesauris sui . When the King despaired of Life , he devised to his Brother John the Kingdom of England , and all other his Lands , and made all present swear Fealty to him , and commanded that his Castles and three parts of his Treasure should be delivered to him . Richard being dead , y John stayed in Normandy ( where , by Walter Arch-Bishop of Roven , he was girt with the Sword of that Dutchy , April 25. on St. Mark 's Day ) and sent Hubert Arch-Bishop of Canterbury , and the Pope's Legat , and William Marshal Earl of Strigvil , into England , to keep the Peace ; together with Jeffrey Fitz-Peter , Justitiary of England , and other Barons of the Kingdom . z Qui fecerunt homines regni tam de Civitatibus quem de Burgis , & Comites , & Barones , & libere tenentes jurare fidelitatem & pacem Johanni Normannorum Duci filii Henrici Regis , filii Matildis Imperatricis contra omnes homines . Who made the a Homagers of England , as well of Cities as Burroughs , and Earls , Barons , and free Tenants , to swear Fealty and Peace to John Duke of Normandy , the Son of King Henry , the Son of Maud the Empress , against all Men. b Notwithstanding this , all the Bishops , Earls and Barons which had Castles , Manned , Victualled and stored them with Arms. But Hubert the Arch-Bishops , William Marshal and Jeffrey Fitz-Peter , Justiciary of England . met at Northampton , and called before them those which they most doubted : David , Brother to the King of Scots ; Richard Earl of Clare , Ranulph Earl of Chester , William Earl of Tutesbury , and Walran Earl of Warwick , Roger Constable of Chester , William de Mowbray , and many other Earls and Barons ; to whom they promised and engaged , that John Duke of Normandy should restore to every Man his Right , if they would keep Faith and Peace with him : c Súb hac igitur Conventione supradicti Comites , &c. According to this Agreement , the said Earls and Barons swore Fealty and faithful Service to John Duke of Normandy , against all Men. This was done while he was in Normandy . d On the 25th of May following , Duke John crossed the Seas from Normandy into England , and the next day came to London ; and there were convened in Expectation of him , Hubert Arch-Bishop of Canterbury , John Arch-Bishop of Dublin , William Bishop of London , Gilbert of Rochester , John of Norwich , Hugh of Lincoln , Eustace of Ely , Godfrid of Winchester , Henry of Exeter , Sefrid of Chichester , Jeffrey of Coventry , Savaric of Bath , Herbert of Salisbury , Philip of Durham , Roger of St. Andrews in Scotland , Henry of Landaff , Bishops : Robert Earl of Leicester , Richard Earl of Glare , William of Tutesbury , Hamelin de Warenn , William of Salisbury , William de Strigvil , Walran of Warwick , Roger Bigot ; William de Arundell , Ranulph de Cestre , Earls : and many Barons . And then Hubert Arch-Bishop of Canterbury Consecrated and Crowned the said John Duke of Normandy , King of England , in the Church of St. Peter at Westminster , on the 27th . of May , being Ascension Day . Not one word here of any Election by , but only a Submission from the Barons Spiritual and Temporal , to King John ; and a Recognition that he was their King. And all this related by Hoveden , in all probability an Eye-witness of this Translation . Indeed Matthew Paris , who died Anno Dom. 1259. was then either unborn , or so young as not with Judgment to take sufficient notice of this Affair , relates it thus ; e Congregatis in adventu ejus Archiepiscopis , Episcopis , Comitibus & Baronibus , atque aliis omnibus , qui ejus Coronationi interesse debuerant ; Archiepiscopus stans in medio omnium , dixit , audite universi , noverit discretio vestra , quod nullus proevia ratione alii succedere habet Regnum , nisi ab universitate Regni unanimiter invocata Spiritus Gratia electus , & secundum morum suorum eminentiam praeelectus , ad exemplum & fimilitudinis Saul primi Regis inuncti , quem praeposuit Dominus populo suo , non Regis filium , nec de Regali stirpe procreatum , similiter post eum David Jesse silium : Hunc quia strenuum , & aptum Dignitati Regiae ; illum quia sanctum & humilem , ut sic qui cunctos in regno supereminet strenuitate , omnibus praefit , & potestate & regimine , verum si quis ex stirpe Regis defuncti aliis prepolleret , pronius & promptius , in electionem ejus est consentiendum . Haec idcirco diximus , pro inclyto Comite Johanne , qui praesens est , frater illustrissimi nameri Richardi jam defuncti , qui haerede caruit ab eo egrediente , qui providus & strenuus & manifeste nobilis , quem nos , invocata Spiritus Sancti Gratia , ratione tam meritorum , quom Sanguinis Regii , unanimiter elegimus universi , f nec ausi erant alii super his adhuc ambigere , scientes quod Archiepiscopus sine causa , hoc non sic diffiniverat , verum Comes Johannes & omnes hoc acceptabant , ipsumque Comitem in Regem eligentes & assumentes exclamant , dicentes , vivat Rex ; Interrogatus autem postea Archiepiscopus Hubertus , quare haec dixisset , respondet ve praesagia mente conjecturare , & quibusdam Oraculis Edoctum & Certificatum fuisse , quod ipse Johannes Regnum & Coronam Angliae foret aliquando corrupturus , & in magnam confusionem praecipitaturus , & , ne haberet liberas habenas hoc faciendi , ipsum electione , non successione haereditaria , Elegi debere affirmabat . That is , The Arch-Bishops , Bishops , Earls and Barons , and all others ( Officers probably required to be there ) which ought to be present at his Coronation meeting at London . The Arch Bishop standing in the middle of them , said , Hear all of you , your Discretion shall know , that no Man hath Right to succeed in the Kingdom , unless , after seeking God , he be unanimously chosen by the University of the Kingdom , ( that is , those that are here said to meet at London . ) And according to the Eminency of his Endowments , pre-elected , according the Example and Similitude of Saul , the first anointed King , whom God set over his People ; not the Son of a King , or of the Royal Line . likewise after him , David ; the Son of Jesse . This because stout and fit for Royal Dignity : the other because holy and humble . That so he which exceeded all Men of the Kingdom in Strength or Prowess , should be set over all in Power and Government . but if an of the Progeny of the dead King did excell others , they ought more readily to consent to the Election of him . These things we have therefore said in the behalf of the famous Earl John , who is here present , the Brother of our most illustrious dead King Richard , that died without Issue of his Body ; who is Provident , Stout , and manifestly Noble , whom we , having invoked the Grace of the Holy Spirit , have all of us unanimously chosen . Nor dare any others so much as doubt of these things , knowing the Arch-Bishop had not thus decreed this Matter without Cause . But Earl John and all there acquiesced in what he had said ; and chusing or acknowledging , and receiving him for their King , shouted , saying , Let the King live . But Arch-Bishop Hubert being asked afterward , why he said these things ? answered , that he guessed , and was taught and ascertained by certain Oracles , that John would bring the Kingdom and Crown into great Confusion : And therefore , lest he might have too much Liberty in doing it , he affirmed , he ought to come in by Election , and not by Hereditary Succession : and so was Crowned as before rehearsed . This Learned Doctrine and Preachment of the Arch-Bishop asserts not any Right of Election in the Convention of Bishops , Earls , Barons , and others required to be at the Coronation ; but by his own Answer , when he was asked why he said these things , it clearly discovers a Design only and Artifice in the Arch-Bishop , to cause them to set up , and make John King : In which also he denies any such Right of Election . Hoveden hath none of , nor doth mention this Harangue ; and therefore it seems rather to be an invention of Matthew Paris , than a Sermon of the Arch-Bishop . Historians commonly make Speeches for other Men they write of Brompton takes no notice of it ; all he says is , that g Johannes Lundoniam veniens in Festo ascensionis Domini , VI. Kalend ▪ Junii , Anno Dom. 1199. ab Huberto Contuariensi Archiepiscopo in Ecclesia B. Petri Westmonasterii inungitur & in Regem Angliae coronatur , assistente Prelatorum , Comitum , Baronum , & aliorum Nobilium multitudine infinita . John coming to London on Ascension-Day , the 27th of June , 1199. was Anointed and Crowned king of England By Hubert Arch-Bishop of Canterbury , in St. Peter's Church in Westminster , an infinite multitude of Bishops , Earls , Barons , and other Noble men assisting him . Not one word here , or in Hovedon , or Paris , of the ordinary People . And this Doctrine of the Arch-Bishop concerning the Election of Kings , if meant according to the Modern Understanding of it , was then new ; for Gervase , a Monk of Canterbury , in the Year , 1122. speaking of the Coronation of Henry the First , says , It was manifest , and known almost to all Men , than the Kings of England were only obliged and bound to God for the Possession of the Kingdom , and to the Church of Canterbury for their Coronation . h Manifestum est autem & omnibus sere notur , Reges Angliae soli Deo obligari , & teneri exipsius regni adeptione , & ECclesiae Canturiensi ex Coronatione . King John doth say in a i Charter dated the first Year of his Reign , that he came to the Crown , Jure haereditario & mediante tam Cleriquam populi unanimi consensu & favore : By Right of Inheritance , and by unanimous Consent and Favour , as well of the Clergy as Laity . This unanimous Consent of the Clergy and Laity was rather their Acknowledgment and Submission than any thing , else : for , according to Hoveden's Relation of his coming to the Crown , which is the most exact extant , They submitted and swore Fealty to him against all Men before he came into England some time before his Coronation . Nor could it be true that he had an Hereditary Right ; for Arthur Duke of Britain , Son and Heir to his elder Brother Jeffrey , and his Sister Eleanor , was then living : unless ho had regard to the Donation of his brother Richard , and so esteemed himself a Testamentary Heir . After the death of King John , Henry the Third , his eldest Son , and Heir , by the Assistance of the Loyal Barons , was Crowned King , notwithstanding the Barons which had made War against King John , when they were reduced to great Streights , k called out of France , Lewes , the King's Son ; to whom l they , with the Londoners , sware Fealty , and advanced him to the Throne , and adhered to him against their own Prince ; m until by Force they were reduced , and he driven out of the Kingdom . This Treasonable calling in of Lewes some that are pertinacious in the fancy of Election , will have it to be one . n Indeed King Henry the Third at this time had no good Hereditary Title ; and therefore , Johannes ex hac vita transmigravit , Henricum primogenitum suum regni constituens haeredem . And this Donation of his Father , or his making him his Heir , was his best Title ; for until that Eleanor , the Daughter of his Uncle Jeffrey , died , in the twenty fifth Year of his Reign , he was not true Heir by Right of Blood. Obiit Eleanora ( saith Matthew Paris ) filia Galfridi Comitis Britanniae : in clausura diuturna carceris sub arcta custodia reservata , fol. 574. n. 40. 25 H. 3. Anno Dom. 1241. To Henry the Third succeeded his eldest Son Edward the First , though the Lancastrians said his second Son Edmund , commonly called Crouch-Back , was the eldest , and laid aside for his deformity ; on whose Person was originally founded the great Contention between the two Royal Houses of York and Lancaster . But that he was really the eldest there can be no pretence , however the Lancastrians imposed upon the People . For Edward was born o June 16. 1239. and Edmund upon the p 16th . of January , 1245. being Marcellus his Day , six Years after . Edward , by that time he was a Year old , was acknowledged the First-born of his Father , his Brother Edmund not then born . q Per idem tempus Rex Cives Londinenses , & quinque portuum custodes , & multos alios fecit jurare fidelitatem , & ligantiam Edwardo primogenito suo . In the Letter from the Loyal , to the Rebellious Barons , he is styled the First-born of King Henry . r Richardus Dei gratia Rex Romanorum semper Augustus , & Edwardus illustris Regis Angliae primogenitus , &c. And very frequently Matthew Paris , who lived at this time , and was Historiographer to his Father , calls him his First-born . So that there can be no doubt in History that he was the eldest Son ; for King Henry the Third had only these two Sons , Edward and Edmund . After the death of Edward the First , his Son Edward the Second succeeded him ; and , as Men of purely Commonwealth-Principles tell us , he degenerating from so great a Father , the People grew weary of his Irregular Arbitrary Government ; deposed him , and chose Edward his Son to reign in his stead . A plain Argument , say they , of the Peoples Power in chusing their Kings , aud of limiting and binding the Succession . But whoever reads this story , will not find the ordinary People had much , if any thing to do in this matter , further than as they were excited to Tumults and Railing at the Government , by many of the Popular Bishops and Barons ; for they always have been , and ever will be , Instruments of designing Men against the Government , if by remissness thereof , and easiness of Governors , they be permitted . This King was deposed and murdered by a wicked Confederacy and Rebellion of many Bishops and Barons . And there is nothing to justifie this Rebellion , Deposition and Murther , in which our Anti-Monarchical Men instance so often as an Example to be followed , but the meer doing of it : And if a fact be therefore lawful , only because it is done , we have no need of Laws , Lawyers , or Officers of Justice , to maintain , plead for , or defend it . The truth is , this King was not of so brisk a temper as his Father , nor endowed with so much Courage : he was more soft and easie , and used too great and unseasonable Indulgence to such as he permitted to guide his Affairs , and the Affairs of the Kingdom in his Name . From hence many Rebellious Barons , under pretence of the f Honour of God and Holy Church , the Honour of the King and Realm , made Confederations to remove evil Counsellors , reform the Court , and to force the King to let them name all Judges , the Chancellor , Treasurer , and other great Officers in Court , Gascoigne , Ireland and Scotland . Thomas Duke of Lancaster , one of those Commissioners and Ordainers , was always the Head of these Confederacies , t who pretended great Affection to the King , to the common profit of the Realm , and great care to see these Ordinances , cited in the Margin , maintained in all points , and many things amended in the King's Houshold , Court and Realm . At length this great Earl of Lancaster v behaved himself very indecently towards the KIng , and used him with much Scorn and Contempt ; until at last , in the fifteenth of his Reign , he and many of his Confederates brake out into open Rebellion , at Burton upon Trent ; and flying before the King's Army Northward , was , with many others , taken at Burrough-Bridge in York-shire : and being tried by his Peers , was adjudged to be Hanged , Drawn and Quartered : which Sentence was pardoned by the King , and he was only beheaded . The like Sentence had Warren de Insula , William Toket , Thomas Maudut ; Henry de Bradborn , William Fitz-William , and William Cheyne , the Lord Roger Clifford , the Lord John de Mounbray , the Lord Henry Tyes , the Lord Bartholomew de Badlesmere , & Joscelin de Invilla ; most of them Barons . Propter Roberias & Felonias & resistentiam quam fecerunt contra Regem ad villam de Burton , Occidentes Regis familiares , & Regis transitum prohibentes , & partem villae praedictae comburentes , &c. For Robberies and Felonies , and the Resistance they made against the King at the Town of Burton ; killing the King's Friends and Servants , and burning part of the Town upon their Retreat . The Ordinances before-mentioned , in number forty one , were revoked , and the Confederations and Tumultuous Barons and their Actions consured , in a x Parliament holden at York , 15 Ed. 2. The Ordinances were revoked upon Examination of them before the Prelates , Earls , Barons , ( amongst which were all the Ordiners then alive ) and the Commons of the Realm : For that , by the things which were ordained , The King 's Royal Power was restrained in many things , against the due Greatness of his Seigniory Royal , and contrary to the State of the Crown . And also , for that in times past , by such Ordinances and y Provisions made by Subjects over the Power Royal of the Ancestors of the Lord the King , Troubles and Wars came upon the Realm , by which the Nation was in danger . and it was accorded and established in the said Parliament , by the Lord the King , and by the said Prelates , Earls and Barons , and all the Commonalty of the Realm at that Parliament assembled ; That all those things by the Ordiners ordained , and contained in the said Ordinances from henceforth , for the time to come , should cease ; and lose their Force , Vertue and Effect for euer . And that from hence forward , in no time , no manner of Ordinances or Provisions made by the Subjects of the Lord the King , or his Heirs , by any Power or Commission whatsoever , over and upon the Power Royal of the said Lord the King , or his Heirs , or against the State of the Crown , shall be of no value or force . But the things which shall be established for the Estate of the King and his Heirs , and for the Estate of the Realm and People , may be treated , accorded and established in Parliament , by the King , and by the Assent of the Prelates , Earls , Barons , and Communalty of the Realm . Roger de Mortuo-Mari , Lord of Wigmore , z submitted himself to the King , which much weakned the Barons Forces before the Engagement at Burton , and was sent to the Tower of London ; from whence he made his Escape after two Years Imprisonment , in the seventeenth of this King's Reign , and went over Sea to the King of France ; who at this time required the King of England to do him a Homage for Gascoygn and other Territories he held of him in France . But he delaying to do it , and excusing himself by b Messengers , who prevailed not , the King of France , with an c Army , seized Gascoign , and the County of Pontheu : yet by the means of Edmund of Woodstock , the King's Brother , and other English Noble-men then in France , a Truce was made with the King of France for a certain time , until a Peace might be treated of . d The Year following , the Bishops of Winchester and Norwich , with John de Britannia Earl of Richmond , were employed to that purpose : and after much desceptation about it , they received a Form of Peace from the King of France . And at length the e Queen , by Advice given by the Bishops and Great Men to the King , was sent to her Brother , the King of France , for making up , and Confirmation of the Peace . f and it was accorded , that King Edward should give the Prince , his Son , the Dutchy of Aquitain and County of Pontheu , that he should go over into France , and do Homage for them ; which he did accordingly . But the Prince being in France with his Mother , she had no mind to return . g The King sent divers Letters to his Son Edward , and his Queen Isabel ; expostulating the Cause of their stay in France against his Will , and the Confederation they made there with Roger Mortimer , his Enemy and Rebel , and others . Walsingham says , h Some affirmed she stayed there against her Will Alii voro asserebant quod voluntarie propter nimiam familiaritatem tunc contractam inter Reginam & Rogerum de Mortuo-mari si●● quo & aliis Nobilibus de Anglia profugatis nolluit dicta Regina redire , & maxime in odium dispensatorum . But others affirmed she stayed voluntarily , by reason of the too great Familiarity she had contracted with Earl Roger Mortimer , i without whose Advice she did nothing ; and without whom , and the other Noble-men that had fled out of England , she would not return ; and especially for the Hatred she bare towards the Spencers ; proud , ambitious , haughty and covetous Men , by whom the King was too much swayed in the Management of his Affairs ; which might give a dissatisfaction to the Nobility , though not warrant their Actions . The next k ] Year , having married the Prince ( not then fourteen Years old ) to the Earl of Hanault's Daughter , who furnished her with Shipping , and two thousand seven hundred and fifty Men , led by his Brother John , she , with Edmund Earl of Kent , and Roger Mortimer Lord of Wigmore , and many other Great Men who had sled out of England , landed at Harwich ; to whom the Earl Marshal , the Earl of Leicester , and other Barons and Knights of those Parts , and almost all the Bishops , did adhere : and proceeding , her Army daily increased ; so as at last she took her Husband , the l King , Prisoner , and put to death both the Spencers ; the Younger without m Hearing or Answering . ' The imprisoned King was carried and removed from place to place , but at last fixed at Berkeley-Castle in Glocester shire , under the Guard of Thomas Berkeley and John Maltravers , who had allowed n an hundred Shillings a Day for his Expences arid Keeping . The Queen never would see him during his Imprisonment . o Regina misit sibi Indumenta delicata , & Literas blandientes , sed tamen ipsum videre nolebat , fingens quod communitas regni non permisit . The Queen sent him gay Cloaths and flattering Letters , but would not see him ; feigning the Community of the Kingdom would not permit her . He was p made Prisoner , November 16. and the Morrow after Twelfth-Day , all the Nobility of the Kingdom being summoned to Parliament , met at London , and judged the King unit to rule , and for several Reasons to be deposed ; and his Son , Prince Edward to be chosen King. q Convenit Londoniis tota Nobilitas regni citata per prius ad Parliamentum tenendum ibidem in crastino Epiphaniae , ubi cuncti censuerunt Regem indignum Diademate , & propter plures Articulos deponendum , & Edvardum filium ejus primogenitum in Regem unanimiter eligendum , quod etiam consequenter factum est . Of which Transaction , when the Queen had notice , she was full of Grief outwardly ( ut for is apparuit ) saith Walsingbam : But the Prince , affected with this outward Passion of his Mother , as young as he was , would not accept of this Title ( whether out of his own Apprehension of things , or by grave and mature Advice , which is most probable . ) Et r Juravit quod invito patre nunquam susciperet coronam Regni : And swore , that without his Father's Consent , he would never take upon him the Crown of the Kingdom . Whereupon , several ſ Messengers being dispatched to the King , then Prisoner at Kenelworth-Castle , who told him what had been done and concluded of , and diligently required him to resign his Royal Dignity and Crown , and permit his Son to reign in his stead . He was much disturbed with the Message ; and said , Since it could be no otherwise , he thanked them for chusing his First-born Son ; making his Resignation , and delivering up the Royal Ensigns , or Tokens of Sovereignty . This done , Edward the Third directs his Writs to the Sheriffs of the several Counties , for preserving and keeping the Peace ; with this Preamble . Rex t Vicecom . Ebor. Salutem . Quia Dominus Edwardus nuper Rex Angliae Pater Noster de Communi Consilio & assensu Praelator . Com. Baron . & alior . Magnat . necnon Communitat . totius Regni praedict . SPONTANEA VOLUNTATE se amovit a Regimine dicti Regni VOLENS & CONCEDENS quod nos tanquam ipsius primogenitus & HAERES ipsius regni qubernationem & regimen assumemus , nosque ipsius patris nostri beneplacito in hac parte de consilio & avisamento Praelator . Com. Baron . Magnat . & Comitat. praedict . annuentes Gubernacula suscepimus dicti regni ; & side litates & Homag . ipsorum Praelator , & Magnat . recepimus ut est moris . Teste Rege apud Westmonas●erium , 29 Jan. The King , to the Sheriff of Tork-shre , Greeting . Because Edward , late King of England , our Father , by Common Council and Assent of Prelates , Earls , Barons , and other Great Men , and also of the Communities of the said Kingdom , of his own Free Will , removed himself from the Government of the said Kingdom : Willing and Granting , that We , as his First-born , and Heir of his Kingdom , should take upon us the Rule and Government . And We yielding to the good Pleasure of our Father , by the Counsel and Advisement of the Prelates . Earls , Barons , Great Men , and Communities aforesaid , have taken upon Us the Government of the said Kingdom , and received the Fealties and Homages of the said Prelates and Great Men according to Custom . Witness , the King , at Westminster , Jan. 29. Nine days after he was invested with Kingship ; and not long after that King Edward the Second was murdered in Berkeley-Castle . Any Man , though but of an indifferent Capacity , that seriously considers the story of this unfortunate Prince , will easily perceive he was deposed by notorious Rebellion , raised by factious Bishops and Tumultuous Barons ; and not without great suspition of an intended Vsurpation by Thomas Earl of Lancaster : and may easily see through the Contrivance of the Queen and Mortimer afterwards : and from thence cannot but judge it to have been a Design of wicked popular Barons , and not the Action , much less the Choice of the People . In the Fourth of Edward the Third , Roger Mortimer , Earl of March , was impeached in Parliament for divers Felonies and Treasons ; for assuming to himself Royal Power , making Dissention between King Edward the Second and his Queen , and for murdering of him , and many other great Treasons : and adjudged to be Drawn and Hanged , and was executed accordingly . And the Earl Marshal was commanded to do the Execution ; and the Mayor , Aldermen and Sheriffs of London , and Constable of the Tower , to guard and assist him . Many of his Accomplices had the same Judgment . In the Fiftieth of Edward the Third , the Parliament do acknowledge Richard the Second to be very Heir to the Crown , as Son to Edward the Black Prince , very Heir to the Crown ; and petition the King ( his Father being dead ) to make him Prince of Wales . Who , after his Grandfather's death , was immediately by all people , the v Londoners especially , acknowledged , owned and addressed to as King ; and not long after x Crowned with great Solemnity . He lived continually in Tumults , and by his Great Uncles his Reign was made uneasie , and at length was deposed and murdered by a Potent Faction . The Author of the Brief History of Succession , fol. 7. recommends to his Readers the thirty three Articles drawn up against Richard the Second , as well deserving to be read ; with hope and design , as easily may be guessed , to make them believe and think he was justly deposed and murdered . But Mr. Hollingshed , a moderate Writer , who hath truly related these Articles , and all the Transactions of his Deposition and Murder , tells us , [ y ] that whatsoever Writers do report , touching the state of the time and doings of this King , yet if he might boldly speak what he thought , He was a Prince the most unthankfully used of his Subjects of any one of whom ye shall lightly read : For , although ( through Frailty of Youth ) he demeaned himself more dissolutely than seemed convenient for his Royal Estate , and made choice of such Counsellors as were not favoured of the People ; whereby he was the less favoured himself . Yet in no King's days were the Commons in greater Wealth , if they could have perceived their happy State. Neither in any other time were the Nobles and Gentlemen more cherished , nor Church-men less wronged . But such was their Ingratitude towards their bountiful and loving Sovereign , that those whom he had chiefly advanced , were readiest to control him , for that they might not rule all things at their Will , and remove from him such as they misliked , and place in their rooms whom they thought good ; and that rather by strong Hand , than by gentle and courteous means : Which stirred such malice betwixt him and them , The chief Instruments in deposing this King were Henry Duke of Lancaster , late Earl of Derby , and Thomas Arundel Arch-Bishop of Canterbury : who assisted by others , reduced the unfortunate King to so great Straits , as he was weary of his Government . They having him in their power , kept him safe in the Tower of London , until a Parliament was called ; which was suddainly done , by directing Writs in the King's a Name to those who of Right ought to be there . All things were prepared for the Resignation of his Crown against the time of the meeting of the Parliament . He b was , by certain Commissioners appointed by it , deposed ; or had rather a Resignation of the Crown extorted from him , though he seemed willing and forward to do it . And then the Duke of Lancaster claimed the Crown in Parliament , and challenged the Realm , c AL 's DESCENDIT BE RYGHT LYNE OF THE BLODE COMEYNGE FRO THE GUDE LORD HENRY THERDE . Postquam quidem d vindicationem & clameum tam Domini Spirituales quam Temporales , & omnes status ibidem praesentes , singillatim & communiter interrogati , quid de illa vindicatione & clameo sentiebant . Iidem status cum toto populo absque quacunque difficultate vel mora , ut Dux praefatus super eos regnaret , unanimitur consenserunt . After which Claim and Challenge , as well the Lords Spiritual as Temporal , and all States there present being severally asked what they thought of that Challenge and Claim , the same States , with all the People , without difficulty or delay , consented the aforesaid Duke should reign over him . And then shewing to the States the e Signet of King Richard , which he gave him , as token of his desire to have him succeed him ; The Arch-Bishop , taking him by the Right Hand , placed him in the Throne . Here we see the Foundation of the Parliament's Consent that Henry should be King , was a pretended Right of Blood , and the desire of King Richard that it might be so . Henry the Fourth was Son to John of Gaunt , Duke of Lancaster , fourth Son to Edward the Third , by Blanch his Wife , Daughter and Heir of Henry Duke of Lancaster , Son of Henry Earl of Lancaster , Brother and Heir to Thomas Earl of Lancaster , eldest Son to Edmund called Crouch-Back the First Earl of Lancaster , Second Son to King Henry the Third . Upon f Consideration had of this Title it was conceived to be insufficient , and that it would pass for a Blind and Pretence only . And therefore king Henry , upon the day of his Coronation , caused to be proclaimed , That he claimed the Kingdom of England ; First , By Right of Conquest . Secondly , Because King Richard had resigned his Estate , and designed him for his Successor . And Lastly , Because he was of the Blood-Royal , and NEXT HEIR MALE UNTO KING RICHARD . In this Claim he takes no notice of any Election by the People , nor doth own the least Right in them to elect him ; but founds his Title upon Conquest , and Proximity of Male-Blood , and Donation of Richard the Second . Henry the Fourth , Fifth and Sixth held the Crown by Vsurpation , without much disturbance , until the thirty ninth Year of Henry the Sixth ; b when Richard Duke of York put in his Claim , as Hein to Philippa , Daughter and Heir to Lionel , the third gotten Son of King Edward the Third ; to whom the Right , Title Dignity Royal , and Estate o the Crowns of the Realms of England , and of France , and of the Lordship and Land of Ireland , of Right , and Law , and Custom appertaineth and belongeth , before any Issue of John of Gaunt , the fourth gotten Son of the same King Edward . The Lords Spiritual and Temporal , the Question being put what they thought of the Duke's Claim , answer , that The Matier was so high , and of such wyght , that it was not to any of the King's Subjects to enter into Communication thereof , without his high Commandment , Agreement and Consent had thereto . The Duke pressing for an Answer , all the Lords went unto the King , and opened the Claim by the Mouth of the Chancellor of England ; and it pleased him to pray and command all the said Lords , that they should search , as much as in them was , to find all such things as might be object , and leyde against the Cleym and Title of the Due . Whereupon , in the Morning , October 18. the Lords sent for the King's Justices to defend his Title , against the Claim of the Duke of York ; and in the King's Name , streightly command them to find all Objections as might he laid against the same , in fortifying of the King's Title . Who , on Monday following , on the 20th of October , answered , that the matter was so high , and touched the King's high Estate and Regalio , which is above the Law , and passed their Learning : Wherefore they durst not enter into any Communication of the same , for that it permined to the Lords of the King's Blode , and th'Apparage of this his Londes and therefore besought all the Lords to have then utterly excused . Then the Lords sent for all the King's Serjeants and Attorney , and gave them streight Commandment in the King's Name , that they sadladly and avisely shuld serch , and take all such things as might be best and strongest to be allegged for the King 's Avail in Objection , and defeating of the Title , and Cleym of the Due . They answered , that if this matter passed the Lerning of the Justices , it must needs exceed their Lerning : and also that they durst not enter into any Communication in that matier : and prayed and besought all the Lords to have them excused by geveing any Avice or Counsell therein . But the Lords would not excuse them : and therefore , by the in Advice and Assistance it was concluded by all the Lords , that the Articles , following should be objected agenst the Clayme and Title of the Duc. First , It is thought that the Lords of this Lond , must needs call to their remembrance the great Oaths the which they have made to the King , the which may be leyd to the said Duc of York ; and that the Lords may not break their Othes . Item , It is thought also , that it is to be called to remembrance the great and notable Acts of Parliament of divers of the King's Progonitors . The which Acts be sufficient and reasonable to be leyd agene the Title of the said Due of York . The which Acts be of much more Authority than eny Chronicle ; and also of Authority to defete eny manner of Title , made to eny Person . Item , It is thought , that there is to be leyd ayent the Title divers Inteyles made to the Heires Mules of Henry the Foureth , as for the Crown of England , as it may appear by divers Chronicles and Parliaments . Item , It is thought , to be allegged the Title of the seid Due , that the tyme that : King Henry the Fourth toke upon him the Corone of England , he said he entered and toke upon him the Corone as right Inheritor to King Henry the Third , and not as a Conqueror . To which Articles the Duke answered , First , That noe Oath being the Lawe of Man , ought to be performed when the same leadeth to suppression of Trueth and Right , which is against the Lawe of God. To the second and third , That in trouth there been noo such Acts and Tayles made by eny Parliament heretofore , as it is furmised , but only in the h seventh yere of King Hen. IV. a certain Act and Ordinance was made in a Parliament by him called , wherein he made the Reaums of Englond and France , amongst other , to be unto him , and to the Hetres of his Body comeing , and to his four Sons , and to the Heires of their Body comeing , in manner and fourme as it apperith in the same Act. And if he might have obteyned and rejoysed the Corones , &c. by Title of Inhaeritance , Discenter , or Succession , He neither needed or would have desired or made thaim to be granted to him in such wyse as be by the said Act , which tacketh noo place , neither is of eny force or effect ayenst him that is right Inhaeriter of the sayd CORONES , as it accordeth with Gods Lawe , and all Natural Lowes ; howe it be that all other Acts and Ordinances made in the seyd Parliament ●●then , been good and sufficient ayenst all other Persons . To the fourth That such seyeing of the King Henry the Fourth may in noe wise be true ; and that the contrary thereof , which is trouth , shall be largely enough shewed , approved and justified by sufficient Autorite , and matter of Record ; and over , that his seyd seying was onely to shadowe and cover fraudulently his seyd unrightwyse and violent Vsurpation , and by that moyen to abuse disceyveably the People standing about him . Upon consideration of this Answer , and Claim of the Duke of York , it was concluded and agreed by all the Lords , That his Title could not be DEFETED ; and therefore for eschuying the great Inconvenients that may ensue , a mean was found to save the Kings Honor and Estate , and to appease the said Due , IF HE WOULD ; which was , That the King should enjoye the Corone during Life , the Duke to be declared the true Heir , and to possess it after his Death &c. In the first Article of this Agreement , or Accord , ( as 't is there called ) the Title of the Duke of York is set forth ; and the Judgment of the Parliament given , what then was , and before had been the Foundation and ground of the Succession to the Crown of England , tint is , Proximity of Blood. The Articles follow , so much of them as is pertinent to this matter . First , Where the seyd Richard Due of Yorke hath declared and opened , as above , his seyd Title and Cleyme in manner as followeth . That the right noble and worthy Prince Herry King of Englond the Third , had Issue and leefully gate Edward his first-begotten Son , born at Westminster the xv Kalend of Juyle , in the Vigil of St. Mart. & Marcellian . the Yere of our Lord M.CC. XXXIX . and Edmund his second goten Son , which was born on Seint Marcell . day , the Yere of our Lord M. CC. XLV . The which Edward , after the death of the seyd King Herry his Fader , entituled and called King Edward the First , had Issue Edward his first-begoten Son , entituled and called after the decease of the seyd first Edward his Fader , King Edward the Second ; which had Issue and leefully gate the ryght Noble and Honourable Prynce Edward the Third , true and undoubted King of Englond , and of France , and Lord of Ireland : Which Edward the Third , true and undoubted King of Englond , and of France , and Lord of Irelond , had Issue and leefully gate Edward his first begotten Son , Prynce of Wales ; William Hatfield , second - begotten ; Leonell ; third-begoten , Duc of Clarence ; John of Gaunt , fourth-begotten , Duc of Lancaster ; Edmund Langley , fifth begoten , Duc of Yorke ; Thomas Woodstock , sixth-begoten , Duc of Gloucester ; and William Wyndesore , the seventh-begotten . The seyd Edward Prynce of Wales , which dyed in the lyfe of the seyd Edward King , had Issue and leefully gate Richard , the which succeeded the same Edward King , his Grandfather , in Royal Dignity , entituled and called king Richard the Second , and dyed without Issue . William Hatfield , the second-goten Son of the seyd Edward King , dyed without Issue . Leonell , the third-goten Son of the same king Edward , had Issue and leefully gate Philippa his oonly Daughter and Heir , which by the Sacrament of Matrymony copled unto Edmund Mortimer Erle of March , had Issue and leefully bare Rogier Mortimer Erle of March , her , Son and Heir : Which Rogier Erle of March had Issue and leefully gate Edmund Erle of Marche , Rogier Mortymer , Anne , and Alianore ; which Edmund , Rogier , and Alianore dyed without Issue . And the seyd Anne , under the Sacrament of Matrymony , copled unto Richard Erle of Cambridge , the Son of the seyd Edmund Langley , fifth-begoten Son of the seyd King Edward , as it is afore specified , had Issue and leefully bare Richard Plantagenet , commonly called Duc of Yorke : The seyd John of Gaunt , the fourth-goten Son of the seyd King Edward , and younger Brother of the seyd Leonell , had Issue and leefully gate Hen. Erle of Derby , which incontinent after the tyme that the seyd King Richard resigned the Corones of the seyd Reaumes , and the seyd Lordship of Ireland , unrightwysely entered upon the same , then being on live Edmund Mortymer Erle of Marche , Son to Rogier Mortymer Erle of March , Son and Heir of the seyd Phelippa , Daughter and Heir of the seyd Sir Leonell , the third Son of the seyd King Edward the Third ; to the which Edmund the Ryght and Title of the seyd Corones and Lordship by Lawe and Custome belonged . Before we pass over these three Usurpers , we must take notice of a Passage in Polydore Virgil concerning Henry V. in these Words : Princeps Hen. facto Patris funere , Concilium Principum ad Westmonasterium convocandum curat , in quo dum de Rege creando more , mojorum agitabatur , Ecce tibi de repente aliquot Principes ultro in EJVS VERBA jurare coeperunt . Quod Benevolentiae Officium i nulli antea priusquam Rex renantiatus esset , praestitum constat : adeo Hen. ab ineunte aetate spem omnibus optimae indolis fecit . Creatur itaque Rex ad quintum Iduum Aprilis eo Anno quo Pater e vita excesserat , & Quintus ejus Nominis Henricus dictus est . The k Author of the Brief History of Succession thus renders this Sentence : Immediately upon the death of Hen. IV. a Parliament MET at Westminster , and there , according to the Custom of the Realm ; it was debated who should be King : But all men had entertained so good , thoughts of Prince Henry , that without staying till the whole Assembly had declared him King , divers of them began to swear Allegiance to him : a thing strange , and without president , as only occasioned by extraordinary Opinion which was generally conceived of him before , and the certain Title vested in him by m Act of Parliament . In his Citation of the Latin he leaves out these Words which belong to this piece of Story , and do declare the meaning of it : Creatur itaque Rex ad quintum Iduum Aprilis eo Anno quo Pater e vita excesserat , &c. He was Crowned King on the fifth of the Ides of April , the same year his Father died . Tho. Walsingham who lived at this time , says , Hen. IV. died Mar. 20. 1413. And then , eodem Anno coronatus Londoniis Henricus Primogenitus Regis Henrici nuper defuncti quinto Iduum Aprilis , &c. The same Year Henry the First-born of King Henry lately deceased , was Crowned at London on the fifth of the Ides or tenth of April . By which Words of Walsingham 't is evident he hath mistaken the meaning , and falsly translated the Words of Polydore ; for they ought to be Englished in this manner . Prince Henry having buried his Father , caused a Council of the Chief Men of the Nation to be called at Westminster , in which they treat , or debate about Crowning the King , according to the Custom of his Predecessors ; forthwith some of the Great Men began to swear as he dictated to them , which officious Benevolence was performed to none before he was declared King ; such hope he had given from his Childhood of an excellent Disposition : therefore he was Crowned King on the fifth of the Ides of April , that Year his Father died , and was called Henry the Fifth . An intelligent Man would wonder how the Writer of the Brief History , &c. should SQVEEZE his Translation out of these Latin Words . But Polydore , who , as I hinted before , was very unfit to write the English History , hath very oddly in Latin express'd this Relation , as he likewise hath done many other Stories . His Character take from Sir Hen. Savile , in his Epistle to Queen Elizabeth , before his Edition of the old English Writers after Bede . Polydorus ( saith he ) ut homo Italus , & in rebus nostris hospes ( &c. quod caput est ) neque in Republika versatus , nec magni alioqui vel judicii , vel ingenii , pauca ex multis delibans , & falfit plerumque pro veris amplexus , Historiam nobis reliquit cum caetera mendosam tum exiliter sane & jejune conscriptam . Polydor , as he was an Italian , and a Stranger in our Affairs , and , which was the chief matter , not understanding our Government and Laws , nor otherwise of great Wit or Judgment , chusing a few things out of many , and oft-times taking false things for true , hath left us a very faulty History , slightly and pitifully written . After the Reign of these three Usurpers , and Deposition of Henry the Sixth , in the n first of Edward the Fourth , the Proceedings against Richard the Second are Repealed , where 't is said , That Henry Earl of Derby , afterwards Henry the Fourth , temerously ayenst ryghtwisnesse and Justice , by Force and Arms , ayenst his Faith and Ligeance , rered Werre at Flynt in Wales ayenst King Richard the Second , him tooke , and imprisoned in the Tower of London , in great violence , and usurped and intruded upon the Royall Power , Estate , Dignity , &c. And not therewith satisfyed or content , but more grievous thing attempting , wickedly , of unnatural , unmanly , and cruel Tyranny , the same King Richard , King Anointed , Crowned and Consecrated , and his Liege and most Soveraigne Lord in Earth , against Gods Lawe , Mans Ligeance , and Oath of Fidelity , with uttermost punicion , attormenting , murdered , and destroyed , with most vile , hainous , and lamentable Death , &c. The Commons being of this present Parliament , having sufficient and evident knowledge of the said unryghtwyse Usurpation and Intrusion , by the said Henry late Earl of Derby , upon the said Crown of England ; knoweing also certainly , without doubt and ambiguity , the Right and Title of our said Soveraigne Lord thereunto true , and that by Gods Lawe , Mans Lawe , and the Lawe of Nature , he , and none other , is , and ought to be , their true , ryghtwyse , and natural Liege , and Soveraigne Lord , and that he was in right from the Death of the said Noble and Famous Prince his Father , very just King of the said Realm of England , doe take , accept , and repute , and will for ever take , accept , and repute the said Edward the Fourth their Soveraigne and Liege Lord , and him and his Heirs to be Kings of England , and none other , according to his said Right and Title . And that the same Henry unryghtwysely , against Lawe , Conscience , and Custome of the said Realm of England , usurped upon the said Crown and Lordship ; and that he , and also Henry late called King Henry the Fifth , his Son , and Henry late called King Henry the Sixth , his Son , occupied the Realm of England and Lordship of Ireland , and exercised the Governance thereof , by unryghtwyse , intrusion , usurpation and no otherwise . That the Amotion of Henry , late called King Henry the Sixth , from the Exercise , Occupation , Usurpation , Intrusion , Reign , and Governance of the same Realm and Lordship , done by our Soveraigne Lord King Edward the Fourth , was and is rightwyse , lawfull , and according to the Lawes and Customes of the said Realme , and soe ought to be taken , holden , reputed , and accepted . Further , Some if not all the Grants made by Henry Earl of Derby , called Henry the Fourth , the said Henry his Son , or the said Henry called Henry the Sixth , or by Authority of any pretenced Parliament in any of their days , were reputed null and void . That the unrightwyse and unlawful Usurpation and Intrusion of the same Henry upon the Crown of England and Lordship of Ireland , was to the great and intolerable hurt , prejudice , and derogation of Edmund Mortimer Earle of Maroh , next Heir of Blood of the said King Richard at the time of his Death , and to the Heirs of the said Edmomd , and to the great and excessive Damage unto the Realm of England , and to the politick and peaceable Governance thereof , by inward Wars moved and grounded by occasion thereof . In the First of Richard the Third , the o Three Estates , after having much faulted the Government , Marriage , and Person of Edward the Fourth , and affirmed , That the Right and Title of the Issue of George Duke of Clarence was barred by his Attainder , and extolling the Parts , Wisdom , and Justice of Richard his Brother , declared him undoubted Heir of Richard Duke of York , Father to Edward the Fourth , very Inhaeritor of the Crown of England , and Dignity Royal , and as in Right King of England p by way of Inheritance ; and therefore having in his great prudent Justice , Princely Courage , and excellent Vertue , singular Confidence , did by Writing ( in all that in them lay ) chuse him their King and Sovereign Lord , to whom they knew of certain it apperteined to be so chosen , &c. And do further declare , That the Right , Title , and Estate which King Richard the Third had to , and in the Crown and Royal Dignity of the Realm of England , with all things thereunto within the said Realm , and without it , annexed and apperteining , was just and lawful , as grounded upon the Laws of God and Nature , and also upon the antient Lawes and laudable Customes of this said Realm , as also taken and reputed by all such Persons as were learned in the abovesaid Laws and Customs . And then they proceed , and say , Yet nevertheless , forasmuch as it is considered that the most part of the People is not sufficiently q learned in the aforesaid Laws and Customs , whereby the Truth and Right in this behalf of likelyhood may be hid , and not clearly known to all the People , and thereupon put in doubt and question . And over this , how that the Court of Parliament is of such Authority , and the People of this Land of such a nature and disposition , as Experience teacheth , that Manifestation or Declaration of any Truth made by the Three Estates of this Realm assembled in Parliament , and by Authority of the same , maketh before all other things most faithful and certain quieting of Mens minds , and removeth the occasion of Doubts and seditious Language . Therefore at the Request and by the Assent of the Three Estates of this Realm , THAT IS TO SAY , The Lords Spiritual and Temporal , and Commons of this Land , assembled in this present Parliament , and by the Authority of the same , be it pronounced , decreed , and declared . That our said Sovereign Lord the King was and is the very undoubted . King of this Realm of England , with all things thereunto belonging , within the said Realm , and without it , united , annexed , and apperteining , as well by Right of Consanguinity , and Inhaeritance , as by lawful Election , Consecration , and Coronation . Haereditary Right , and Right of Blood , was the Ground of this Establishment . Henry the Seventh having no Haereditary Title of his own , and being always r averse to take upon him the only true and undoubted Title of his Queen , eldest Daughter and Heir to Edward the Fourth , procured an Act of Parliament ſ That the Inhaeritance of the Crown of the Realms of England and France , with all the Preheminencies and Dignities Royal to the same apperteining , and the Ligeances to the King belonging beyond the Seas , &c. shall be , rest , remain , and abide in the most Royal Person of our most Sovereign . Lord Henry the Seventh , and in the Heirs of his Body lawfully coming , perpetually , and so to endure , and no otherwise . It may be noted from these words , That the inheritance of the Crown should rest , remain , and abide , in the King , &c. That he designed not a Declaration or Recognition of his Right , but rather an Establishment of that Possession he had gotten by the Sword ; for not thinking this Act a Sufficient Security for him , nor depending on this Parliamentary Title , he extended his pretences beyond this Establishment , in at much as he procured it to be confirmed the year following by the Bull of Pope Innocent the Eighth , in which this Statute , with his Titles of Couquest , and Descent , are mentioned , and confirmed . * The Bull says , That the Kingdom of England belonged to him by undubitable right . Non modo jure Belli , ac notorio & indubitato proximo successions Titulo , verum etiam omnium prelatorum ; procerum , Magnatum Nobilium totiusque ejusdem Regni Angliae plebis Electione , et noto ac decreto statuto et ordinatione ipsius Angliae Regni trium Statuum in ipsorum conventu Parliamento nuncupato : That is , Not only by the right of War , and the notorious and indubitable next * Title of Succession , but also by the election of all the Prelates , and great Men , and of the whole Commonalty of the Kingdom of England , and by a known and decreed Statute and Ordinance of the Three Estates of the same Kingdom of England , their meeting called a Parliament . And afterward in the Thirteenth of his Reign he got his Bull renewed and the Act confirmed again by † Pope Alexander the Sixth , under pain of Excommunication and Curse to such as should upon any pretence whatsoever , disturb the peace of the Nation , and create trouble against this Title of Henry the Seventh . So that notwithstanding this Act of Parliament , which was cunningly penned to Establish his possession he had obtained by the sword , He thought that , and the Popes Bulls of Confirmation his best Title , yet not omitting his own pretended indubitable next Right of Succession . Henry the Eighth , next heir to the Crown by Proximity of Blood , as right Heir to his Mother Elizabeth , Daughter and right Heir to Edward the Fourth , succeeded his Father in his Kingdom ; who in all Extravagant Acts concerning his Queens and the Succession , ever founded it in pretended legal Proximity of Blood , and Lawful next Heirs of Blood according to the due course of inheritance ; the pretended want of which , was the only suggestion for passing these Acts. In the Twenty fifth of Henry the Eighth there was an Act for the Succession ; the preamble this . In their most humble wyse shewen unto your Majesty your most humble and obedient Subjects the Lords Spiritual and Temporal and Commons in this present Parliament , &c. That since it is the natural inclination of every man to provide for the suerty both of his Title and Succession , although it touch his only private Cause ; we therefore reckon our selves much more bounden to beseech and instant your I lighness to forsee and provide for the perfect suerty of both you , and your lawful Succession , and Heirs , upon which dependeth all our joy , and wealth , in whom also is united and knit the only meer * TRUE INHERITANCE , and TITLE of this Realm without any contradiction . And then mentions , that certain divisions arose upon ambiguities ; and doubts not perfectly declared from froward intents , to expound them contrary to the right legalty of the Lawful Succession , and posterity of the lawful Kings and Emperours of this Land. After this confirming the Divorce of Queen Katherine , as also the King's Marriage with Anne Boleyn , the Parliament entayles the Crown upon him and his Heirs Male by her , and for want of such Issue upon Elizabeth their eldest Daughter , and their Heirs Females according to the due course of Inheritance . From whence it appears that the Succession was founded upon inheritance , and the design of the Act was that Henry the eighth might have Lawful Issue to inherit the Crown , that so all Ambiguities , and Doubts about the Succession might be taken off . And all the Kings Subjects were bound under pain of misprision of Treason to swear to observe the Contents of this Act. The Act for Succession , 28 Hen. 8. c. 7. affirms there were many Lawful impediments , unknown at the making of the Act of Succession , 25 Hen. 8. c. 22. which since that time were confessed by the Lady Anno before Themas Archbishop of Canterbury sitting Judicially for the same : By reason of which impediments , the Kings Marriage with her was never good , nor consonant to the Lawes ; and therefore Q. Elizabeth was declared Illegitimate , and it was declared Treason for any Man to judge or believe the Marriage between the King and the Lady Katherine , or Anne , to be good , lawful , or of any effect . It was also in this Act declared Treason for any one to take , accept , name , or call any of the Children born and procreate under those unlawful Marriages , legitimate , or lawful Children of the King. And therefore the Crown was settled upon the King and his Heirs Males by his Lawful Queen Jane ; and for want of such Issue by her , upon his Heirs Males by any other Lawsul Wife ; and for want of Heirs Males , upon his Heirs Females by Queen Jane , or any other Lawful wise . And for lack of Lawful Heirs of his Body to be procreated and begotten as is limitted by this Act , to such person and persons in Possession and Remainder , as should please the King ; and according to such Estate , and after such manner , form , fashion , order , and condition , as shall be expressed , declared , named , and limitted by his Letters Parents , or by his last Will. And then follows , And we your most humble and obedient Subjects do faithfully promise to your Majesty by one Common Assent , That after your decease , and for lack of Heirs of your Body lawfully begotten as is afore rehearsed , We , our Heirs and Successors , shall accept and take , love , dread , serve , and alonely obey , such Person and Persons Males or Females , as your Majesty shall give your said Imperial Crown unto , by authority of this Act , and to none other ; and wholly to stick to them as true and faithful subjects ought to do to their Regal Rulers , Governours and supream Heads . To provide for Lawful Heirs was the pretended Ground of this Act of succession ; not to exclude them , and to give the King a strange unheard of Power to dispose of the crown . &c. The Thirty fifth of Henry the Eighth , cap. 1. recites how the Crown was entailed , 28. Hen. 8. and what Power was given to him to dispose of the Crown . To the intent therefore that His Majesty's disposition and mind therein might be openly declared , and manifestly known , His Majesty designing a Voyage beyond Sea ; it was enacted by his Highness , with the Assent of the Lords Spiritual and Temporal , and Commons in Parliament assembled , and by Authority of the same , That in case it should happen , the King's Majesty , and Prince Edward , Heir Apparent , to die without Issue of their Bodies lawfully begotten , so as there be no Heirs Male or Female of either of their Bodies to have and inherit the said Imperial Crown , that then it should be to his Daughter Mary , and her Heirs lawfully to be begotten under such Conditions as should be limited by the King's Letters Patents , or his last Will : And for default of Issue , to his Daughter Elizabeth upon the same Conditions . But if no Conditions were appointed , then the Succession to each of them , one after another , abosolutely . And for want of Heirs by his Queen Katherine , his Lawful Wife ; and for want of Lawful Issue or Prince Edward , his Daughters Mary and Elizabeth , then the King to dispose of the Crown at his only pleasure from time to time . All these Acts of Succession were made by the King's Sollicitation , Authority , Command , or other Procurement ; and were not other wife moved , contrived or offered to him . In the First of Queen Mary there is an Act , declaring the Queen's Highness to have been born in most just and faithful Matrimony ; and also repealing all Acts of Parliaments and Sentence of Divorce made or had to the contrary . The intention of this Act was to declare the Succession to be in Inheritance by Right of Blood. In the First of Elizabeth , the Lords Spiritual and Temporal , and Commons do declare and confess th t Queen Elizabeth , and in very deed , and of most meer Right , ought to be , by the Laws of God , and the Laws and Statutes of this Realm , their most rightful and lawful Sovereign Queen : And that she was rightly , and lineally , and lawfully descended and come of the Blood-Royal of this Realm of England ; in and to whose Princely Person , and the Heirs of her Body lawfully begotten after her , without all Doubt , Ambiguity , Scruple or Question , The Imperial Crown and Dignity of this Realm was rally and entirely vested . In this Law ( whether it were true or not in her ) the right , lineal and lawful Descent of Queen Elizabeth was the Ground upon which she was declared to be by God's Laws , and the Laws and Statutes of this Realm , most rightful and lawful Queen . And whatever she and her Council secretly thought of her own Personal Title . Yet upon the Treaty or Marriage with the Duke of Anjon , in the Answer to the sixth Article delivered by the French Ambassador , it is declared , that the Succession in her Kingdoms was , and ought to be Hereditary , according to nearness in Blood. The words are Liberi ex hoc matrimonio prognati in materna haereditate succedent in regnis , secundum jura & consuetudines regnorum , viz. primogenitus filius in Coronam quam Regina mater habet , & si nulli extabunt filii Masculi , filioe si extabunt , viz , prima & sola maxima natu , &c. Atque idem ut fiat in hoereditate paterna loequum est , & quomodo consuetudines locorum id ferent , intelligi parest . That is , The Children begotten of this Marriage shall succeed in the Mothers Inheritance in the Kingdoms , according to the Laws and Customs of the Kingdoms ; that is to say , The First born Son shall enjoy the Crown which the Queen Mother hath : And if there be no Issue Male , the Daughters , if there be any , shall succeed that is to say , the Eldest first , and alone , &c. And that it is just the Succession should obtain after the same manner in the Paternal Inheritance , if the Custom of the places would allow it . After the death of Queen Elizabeth , the Act of Recognition , made Upon King James his coming to the Crown , doth not take notice of the Title raised by Act of Parliament to Henry the Seventh , and the Heirs of his Body : But declares a that he was Lineally , Rightfully and Lawfully descended of the Body of the most excellent Lady Margaret , eldest Daughter of this most renowned King Henry the Seventh , and the high and noble Prinress , Queen Elizabeth , his Wife , eldest Daughter of King Edward the Fourth . The said Lady Margaret being eldest Sister of King Henry the Eighth , Father of the High and Mighty Princess of famous Memory , Elizabeth , late Queen of England : b In consideration whereof , the Parliament doth acknowledge King James their only Lawful and Rightful Leige Lord and Sovereign , c And further say , as being bound thereunto both by the Laws of God and Man , they do recognize and acknowledge d that Immediately upon the Dissolution and Deceasy of Elizabeth , late Queen of England , the Imperial Crown of the Realm of England , and all the Kingdoms , Dominions and Rights belonging to the same , did by inherent Birth-right , and lawful and undoubted Succession , descend and come to His most excellent Majesty , as being lineally , justly and lawfully next , and SOLE HEIR of the Blood-Royal of this Realm , as it is afore said . And thereunto they do most humbly and faithfully submit and oblige themselves , their Heirs and Posterities for ever , until the last drop of their Bloods be spent . What can be clearer than that the Succession to the Crown of England was always thought , judged , had , taken and reputed to be from Nextness of Blood , by the Opinion of all sober Men , by Law and Custom , by this , and other Acts of Parliament , and Statutes before cited . This then being the true History and Case of Succession to the Crown of England , and its being only founded upon Proximity of Blood , the Author of the Brief History of Succession , &c. ought to have called it An History of Vsurpations , Seditions and Rebellions . It was written and intended for a purpose he will not own ; that is , to shew , that In the English Monarchy there is not Right of Succession ; but that Parliaments or Armies may set up whom they please . This , I confess , hath been practised in this Nation ; and it was the main Cause of the War between the Families of Tork and Lancaster ; that proceeding from the Right of the one Patty , and Possession of the other , and the Contrarieties of Acts of Parliament was caused by the Alternate Victories of both . But the doing of a thing makes it not lawful : Repeated Wickedness , or the frequent Repetition of Wiekedness , gives no Authority to any one to commit that Wickedness , as the frequency of Adulteries or Robberies doth not justifie either of them . I think it 's no good Argument to say , Edward the Second was deposed and murthered , therefore Richard the Second might be deposed and murthered ; or , That they were both deposed and murthered , therefore Charles the First might be deposed and murthered ; or , Because King Charles the First was deposed and murthered , therefore King Charles the Second may be deposed and murthered . Precedents are of force only in things lawful , obscure or dubious , but never , in things unjust . The Depositions and Murthers of Edward the Second and Richard the Second , the Usurpations and unlawful Actions of Henry the Fourth and Richard the Third , were in their own times condemned by all good Men , even as the Actions of that Parliament began in 1641. in ours , which I suppose is the reason why the Author of the Pamphlet brings not them in as a Precedent ; which would have served his turn better than all his other Instances . But besides their impious Instances , we ought to take notice of the Expressions of these Men of Jesuitical Principles . They call Usurpation the Election of the People ; a Faction , the Commonwealth ; the Actions of a few they impute to all ; They call Rebellion a just and judicial Proceeding ; often and open Perjury , an orderly Revoking of a Sentence ; God's secret Judgment in permitting Injustice to prevail , his owning and allowance thereof ; the Inconsistency and present Humour of the heedless Multitude , ( who judge of things , not by Reason or Justice , but either by Opinion , which commonly is partial ; or else by Report , which is usually full of Incertainties and Errors , the most part Doing because others Do ; all easie to be drawn in to serve any wicked and ambitious Men's Attempts ) they call the presumed Will and Consent of the People : According to which ( say they ) the Succession of the Crown is to be directed . And by these Arts they do very much impose upon their unwary Readers . To this History of Succession belongs the Act of the Thirteenth of Elizabeth , cap. 1. intituled An Act whereby certain Offences are made Treason ; which , as many great and learned Persons think , was , upon the debate and making of it , intended and designed to declare a Power in the Queen and her Successors for ever , by Authority of Parliament , to make Laws and Statutes of sufficient force and validity , to limit and bind the Crown of England , and the Descent , Limitation , Inheritance and Government thereof . Sir Edward Coke c says , Many Acts of Parliament are hardly to be understood , unless the History of that time be joyned thereunto . This Parliament met f April 2. 1571. 13 Eliz. and was dissolved g May 29. following . This Parliament , we see , was holden in the beginning of the Year 1571. Some Years before , but most especially in the Year1570 . immediately preceding , there had been many Practices , and Seditious and Treasonable Contrivances against Queen Elizabeth , by Foreign , as well as Domestick Enemies : By the Pope and King of Spain , Duke of Guise in France , Duke D'Alva in the Netherlands , the Fugitive English , &c. abroad : And at home , frequent Conspiracies to deliver the Queen of Scots out of Prison , Attempts upon the Queen's Person , the Rebellion in the North by the Earls of Northumberland and Westmerland , the Match of the Duke of Norfolk with the Queen of Scots ; h her Usurpation of the Crown of England , with the Title and Arms thereof ; and the Bull of Pope Pius the Fifth , by which he declared her a Heretick , &c. and impiously , and without any Authority , other than Papal Tyranny ; deprived her of her Title , Dominions and Kingdoms , and absolved all her Subjects from their Obedience and Allegiance . All these , but i more particularly the Pope's Bull , and the Conspiracy of Norfolk , created much trouble in the mind of Queen Elizabeth : And she sent to the Queen of Scots , Cecyl and Sir Walter Mildmay , to consult with her by what means most conveniently the Dissentions of Scotland might be compounded , her self restored , and Queen Elizabeth , and her young Son , safe and secure . Amongst the Propositions made to obtain these ends , these were two , k That the Queen of Scots should renounce her Title and Claim as long as Queen Elizabeth , and the Children lawfully born of her Body should live . That if the Queen of Scots should attempt any thing by her self , or any other , against Queen Elizabeth , she should , ipso facto , forfeit all her Right and Title she claimed to England . To which the Deputies of the Queen of Scots Lieutenants answered , That the Title should be renounced as long as Queen Elizabeth lived : And That the Queen of Scots should be excluded from all Right of Succession in England if she attempted any thing against the Queen of England ' s Right , so as if the Queen of England would be likewise bound in some equivalent Penalty if she should attempt any thing against the Queen of Scots . There was no Agreement upon these , and other Propositions then made , because the Scots-Deputies thought thorn too hard and severe , and not to be assented unto without the greatest Inconveniencies imaginable . And thence followed new Designs and Contrivances for the Relief of the Queen of Scots , &c. The Marriage of the Duke of Norfolk with the Queen of Scots was first propounded l by her great Enemy , the Regent Murray ; and afterwards carried on by the Earls of m Arundel , Northumberland , Westmerland , Sussex , Pembroke and Southampton , with many Barons , and by the Earl of Leicester himself ; who , with his own hand n drew up Articles which he sent to the Queen of Scots , in number six ; two whereof were , That she should do nothing which might be prejudicial to the Queen of England , or to the Children born of her , in the Succession of the Kingdom of England . That she should revoke her Assignment of the Kingdom of England to the Duke of Anjou . The occasion of this Article was , o that Murray had reported that the Queen of Scots had made over her Title to England to the Duke of Anjou , and that her Conveyance was confirmed at Rome : which the Queen utterly denied . And it was afterwards discovered to be an invention of Murray's to alienate Queen Elizabeths mind from her . To obviate all these Mischiefs and Designs ; The Queen and her private Ministers , the Earl of Leicester , Lord Burleigh and Sir Francis Walsingham thought fit to improve the insinuation and Overture of a Match p made by the Queen Mother of France , but not very vigorously pursued untill the Year 1571. 13 Eliz. and in the time of the Sitting of the Parliament of that Year , though 't was not in that Assembly or their Journals taken notice of , it being * secretly managed by order of the Queen , by her two then great Confidents , the Earl of Leycester , and the Lord Burleigh , by the Mediation of Sir Francis Walsingham , then Embassador in France . Whether Leycester meant honestly and seriously in this Affair , I cannot determine ; † he made great Professions that he did ; the then Posture of Affairs being represented to him by Walsingham , in a Letter dated from Paris , May 14. 1571. in these Words . MY very good Lord , The Protestants here do so earnestly desire this Match , and on the other side the Papists do so earnestly seek to impeach the same , as it maketh me the more earnest in furthering of the same . Besides , when I particularly consider her Majesties Estate both at home and abroad , so far forth as my poor Eye-sight can discern ; and how she is beset with Forreign Peril , the Execution whereof stayeth only upon the Event of this Match ; I do not see how she can stand if this Matter break off . No particular Respect ( as God is my Witness ) moveth me to write thus earnestly , but only the Regard I have to God's Glory , and Her Majesties Safety . Your Lordships to command , Fr. Walsingham . How necessary this Match was at this time for the safety of the Queen and Nation , we have the Opinion of this great Statesman and Minister ; with whom Leycester and Burleigh concurred in Opinion , as appears by their several Letters relating to these Transactions . And since the French , in the Sixth Article delivered in by the French Ambassador the Thirteenth of April , 1571. propounded the Succession to be secured to the Issue of this Marriage , according to the Laws and Customs of the Realms ; to which Queen Elizabeth , according to the common Opinion of the Understanding Men of those Times , not having Right by Inheritance or Proximity of Blood , might think by this Act of Parliament ( that in effect doth grant the general Surmise ) to make good her Title , and by this way and means to notifie it to be according to the Laws and Customs of the Realm . For the Duke of Anjou could not but have notice of the pretended Defectiveness of her Claim , though not mentioned in the Treaty ; and therefore this might haply be done as much as could be to meet with and satisfie that Objection , if it should be made , and that this might be a private , though none of the great Considerations , of procuring and passing this Act. He that will but observe these Particulars of History , and will take the pains to compare them with this Act , may easily perceive it was made as a Provision against such things , pretences , and attempts , for the future , during Queen Elizabeths Reign , as had then been done , used , and practised : it being then doubted whether the Laws and Statutes of this Realm then in force , were sufficient for the Preservation of the Queens Person . The Title of the Act is , An Act whereby certain Offences are made Treason . And the Bill in the Commons * Journal was called , A Bill for Treasons . The Preamble upon the Parliament-Roll is , Forasmuch as it is of some doubted whether the Laws and Statutes of this Realm ; remaining at this present in force , are vailable and sufficient enough for the Surety and Preservation of the Queens most Royal Person , in whom consisteth all the Happiness and Comfort of the whole State and Subjects of the Realm , which thing all dutiful , faithful , and loving Subjects ought and will with all careful Study and Zeal consider , foresee , and provide for ; By the neglecting and passing over whereof with winking Eyes , there might happen to grow the Subversion and Ruine of the Quiet and most happy State and present Government of this Realm , which God defend . Therefore * it was Enacted , Declared , and Established , That if any Person or Persons whatsoever , within the Realm or without , should compass , imagine , invent , devise or intend the Death or Destruction , or any Bodily harm , tending to Death , Destruction , Maym , or Wounding of the Person of Queen Elizabeth , or to Deprive or Depose her of or from the Stile , Honour , or Kingly Name , &c. or to levy War against her Majestie within the Realm or without , or to move or stir any Forreigners or Strangers with Force to Invade this Realm ; or if any Person of Persons whatsoever shall maliciously and advisedly declare and publish , That Queen Elizabeth during her Life is not or ought not to be Queen of England , &c. or , That any other Person or Persons ought of Right to be King or Queen of the said Realm : or , That shall maliciously and advisedly set forth and affirm , That Queen Elizabeth is an Heretick , Schismatick , Tyrant , Infidel , or Vsurper : That then all and every such said Offence and Offences shall be taken , deemed , and declared , by the Authority of this Act and Parliament , to be High Treason . And be it also Enacted by the Authority aforesaid , That all and every Person and Persons , of what Degree , Condition , Place , Nation , or Estate whatsoever they be , which shall at any time in the Life of Queen Elizabeth , in any wi●e claim , pretendi utter , declare affirm or publish themselves , or any of them , or any other than Queen Elizabeth , to have Right or Title to have and enjoy the Crown of England during or in her Life-time , or shall usurp the same Crown or Royal Style , Title , and Dignity , during or in her Life-time ; or shall hold and affirm , That she had not Right to hold and enjoy the said Crown , or shall not ( after demand ) effectually acknowledge her to be in Right , true and lawful Queen : They and every of them so offending , shall be utterly disabled during their Natural Lives onely , to have or enjoy the Crown or Realm of England , or the Style , Title , or Dignity thereof , at any time in Succession , Inheritance , or otherwise , after the Decease of the Queen , as if such Person were naturally dead : Any Law , Custom , Pretence , or Matter whatsoever to the contrary notwithstanding . And be it further Enacted , That if any Person shall , during the Queens Majesties Life maintain , hold and affirm any Right in Succession , Inheritance , or Possibility , in or to the Crown or Realm of England , or the Rights thereof to be in any such Claimer , Pretender , Vtterer , Declarer , Affirmer , Vsurper , Publisher , or Not-acknowledger , shall be a High Traytor , and suffer and forfeit as in Cases of High Treason . And for the Confirmation and making good what had in this Law been hitherto Enacted , as much as might be , it was further Enacted , That if any Person should in any wise hold and affirm , or maintain , That the Common Laws of this Realm not altered by Parliament , ought not to direct the Right of the Crown of England ; or , That our Sovereign Lady Queen Elizabeth , with and by Authority of the Parliament of England , is not able to make Laws and Statutes of sufficient force and validity to limit and bind the Crown of this Realm , and the Descent , Limitation , Inheritance , and Government thereof ; or , That this present Statute , or any part thereof , or any other Statute to be made by the Authority of the Parliament of England , with the Royal Assent of the Queen , for Limitting of the Crown , or any Statute , for Recognizing the Right of the said Crown and Realm to be justly and lawfully in the most Royal Person of the Queen , is not , are not , or shall not , or ought not to be for ever of good and sufficient force and validity , to bind , limit , restrain , and govern all Persons , their Rights , and Titles , that in any wise may or might claim any Interest or Possibility in or to the Crown of England , in Possession , Remainder , Inheritance , Succession or otherwise howsoever : Every such Person so holding , affirming , or mainteining , during the Life of the Queens Majesty , shall be judged a High Traytor , &c. And every Person so holding affirming and mainteining , after the Decease of the Queen , shall forfeit all his Goods and Chattels . This Statute was a peculiar Law made for the Preservation of Queen Elizabeths Person and Title and this last Enacting Clause and Paragraph was made to strengthen and confirm the former part of the Statute , which was a Provision and Security against such Pretences and Practices as were ennumerated in the preceding Historical Account . And if we consider how much ( if not altogether ) her Title to the Crown depended upon Statute-Law , and how Questionable her Birth-right was generally reputed to be , no man can much wonder if for her own advantage and safety , she attributed more to an Act of Parliament than otherwise she would have done . She was necessitated to take this course , to establish her self against the Pretences of the Queen of Scots , when her Birth-right could not do it , it being very doubtful whether she was Legitimate , considering the Proceedings in the Divorce of Queen Katherine , Marriage of her Mother , and her Mothers Confession * to Archbishop Cranmer , when the Statute was made for the declaring the Marriage null and void between Henry the Eighth and Anne Bolein , by which Statute she was also solemnly Bastardized . And although Queen Elizabeth , at the entrance upon her Government was acknowledged to be * rightly , lineally , and lawfully Descended from the Blood Royal of this Realm , which if true , had been a sufficient Title , She being then the only remaining Issue of Henry the Eighth ; yet her right was recognized as depending upon the Lawes and Statutes of the Realm , and by express mention of and reference to the Thirty fifth of Henry the eighth ; by which Statute the Crown was settled upon her , and the Heirs of her Body lawfully begotten ; in several places whereof , she is by the King her Father , implicitly reputed and declared illegitimate , and the settlement in that Act is made to her , as not being lawfully begotten , or having right to inherit . In the first of her Reign before cited , when the Crown was declared to be vested in her , and that Declaration and Recognition , as also the Limitation and Declaration of the Succession of the Imperial Crown of this Realm mentioned and conteined in the Act of 35 Hen. 8. were to stand , remain , and be the Law of this Land for ever . Which notwithstanding , when Mary Queen of Scots had claimed the Crown by right of Inheritance , and had spread abroad that Title unto it , and also the Title of the House of Suffolk , and other Titles were whispered up and down ; the Act of 35 Hen. 8. or this Act of Recognition , were not thought sufficient to secure the Queen Elizabeth . Then was this Act in the Thirteenth of her Reign made meerly either to create or strengthen her Title , and not to Exclude the Queen of Scots from the SUCCESSION , unless she attempted any thing against her , or laid Claim to the Crown , which was also in its own nature a securing Clause to Queen Elizabeth : But the great Clause of Security to Queen Elizabeth in this Act , was that Clause by which it was made Treason for any man to affirm that she by Authority of Parliament could not make Lawes and Statutes to bind the Succession of the Crown , or that this Act or other Lawes to be made by the Parliament of England by her Royal assent , for limiting the Crown and recognizing the right to be lawfully and justly in her person , is not , are not , or shall not , or ought not to be for ever , of good and sufficient force . This Clause was levelled against the Opinion , That the Queen of Scots had the best Title ; which began to spread , and gain much credit , as well amongst the Nobility as Commons : By all which it is manifest , this whole Act was but Temporary ; and therefore we may note , with Pulton , that it expired with Queen Elizabeth ; and it was no Act of Exclusion , but a Law only to secure her Person , and to make and confirm unto her a Title , which without Statute-Law was in it self at least doubtful . And the new Clause which was added , That it should be High Treason , during her Life , for any Person to affirm , she by Authority of Parliament had not Power to bind the Crown , and Succession thereof ; or , That the Right of the Crown and Realm was not justly and lawfully , in her Royal Person ; cannot affect the Title of a lawful Successor by Inheritance , nor be brought or made use of as a Precedent to exclude him from , the Succession . But it may be said , There is a great Forfeiture inflicted upon every Person holding and affirming , after her Decease , That Queen Elizabeth and a Parliament could not limit the Succession , and fix the Crown upon her own Head. This Clause could take no effect after her death , and therefore was added to preserve her Memory from being defamed after her Death , or slanderously charged with the hainous Crime of Vsurping the Crown , which in must have been the inevitabble Consequence of affirming she and her Parliament could not limit the Succession . For she valued much her Credit and Reputation , and would seem to maintain still , that he acted nothing against the Queen of Scots ; and therefore the Law is made in general Words , against every Person or Persons whatsoever , of what Degree , Place , Nation , or Condition whatsoever , that should affirm she was not in Right true and lawful Queen , or that should claim the Crown , &c. In the Point of Succession she could never be brought expresly by Name to exclude the Queen of Scots , or name any other Successor , as is clear from these several Passages in Camden . Dudley desirous by all means to oblige and obtain the Favour of the Queen of Scots , accused the Lord Keeper Bacon to the Queen , That he had intermedled against the Queen of Scots in the matter of Succession ; for which he lost the Queens Favour , and was with much ado at last restored to it again by the Mediation of Cecil , ‡ upon , which our Author says , Certainly the Queen never heard any thing more unwillingly , than that the Right of Succession should be called in question or disputed . The same Year Queen Elizabeth hearing of a Match like to be between the Queen of Scots and Henry Lord Darly , to prevent it , advertifed her , by her Lieger Randolph , That that Marriage was generally so dishked by all the English , that she had Prorogued the Parliament to another time , against the minds of her Council , left the Estates of the Realm being incensed , shou'd even for this cause Enact somewhat against her Right to the Succession . Which that it might not be done afterwards , she recommended Leycester unto , her for a Husband , whom chiefly for that Reason she had created Earl. In the Year 1566 ▪ a Parliament was called to meet on the First of November . They began to Debate roundly about the Succession ; and the Earls of Pembroke and Leycester , and Duke of Norfolk , thought that an Husband was to be imposed upon the Queen or a Successor publickly designed by Act of Parliament , even against her will. Whereupon they were excluded the Presence-Chambcr , and denied Access to the Queen ; but they soon submitted themselves to her , and obtained pardon . Yet the Upper House did by the Lord Keeper Bacon advise , move , and pray her to Marry , and to appoint a Successor , if she or her Children should die without Issue . But some in the Lower House handled these things more tumultuously . Bell and Monson , great Lawyers , Dutton , Paul , Went worth , and others , who grated upon the Queens Authority too much , and amongst other things maintained , That Kings were bound to design a Successor . At last they offered her far greater Subsidies than they were wont , upon condition that she would design a certain Successor . She absolutely refused that extraordinary Offer , and accepted an ordinary Sum , commending their Affection . The last day of the Parliament she made a Speech , and gave the busie Men a smooth Reprehension . * I find ( saith she ) that in this Parliament DISSIMVLATION hath walked up and down , masked under the Vizor of LIBERTY and SVCCESSION . Some of your Number there are that thought it LIBERTY to dispute of the SVCCESSION , and that the Establishment of the same is absolutely to be granted or denied . If I had granted it , these Men had had their desire , and had triumphed over me ; but if I had denied it , they thought to have moved the Hatred of my People against me , which my greatest Enemies could never yet do : But their Wisdom was unseasonable , and their Counsels over-hasty , neither did they foresee the Event : Yet hereby I easily perceived who inclined toward me , and who were averse unto me , &c. Upon this Speech Camden makes this Remarque , * Thus a Woman's Wisdom suppressed these Commotions , every day so qualified them , shining clearer and clearer , that very few besides such as were seditious and fearful , were troubled about a Successor . And certainly most men , whatever they pretend , have no more sense of Publick Matters , than what concerns their own Private . To these Testimonies of the Queens aversion to pass a Bill of Exclusion of the Q. of Scots , may be added a very clear and convincing one out of the Journal of the House of Commons , in the Fourteenth of her Reign , after the passing this Act , which is said so much to favour a Bill of Exclusion . Mr. Treasurer of the Houshold , * Sir Francis Knolles , from the Queen , advised the House of Commons to go forwards against the Queen of Scots with a second Bill ; and that her Majesty minded not by any Implication or drawing of Words , to have the Scotish Queen either inabled or disinabled to or from any manner of Title to the Crown of England ; and willed , That the Bill be drawn and penned by her Learned Counsel , before the same be treated of in the House ; and that in the mean time of bringing in of that Bill , the House enter not into any Speeches or Arguments of that Matter . With the Journal agrees a Passage in the Lord Burleigh's Letter * to Sir Francis Walsingham the Queens Embassador in France , July 2. 1572. two days after the Parliament was Prorogued . Now for our Parliament , I cannot write patiently : All that we laboured for , and had with full Consent brought to fashion , I mean , a Law to make the Scotish Queen unable and unworthy of Succession of the Crown , was by her Majesty neither assented to , nor rejected , but deferred until the Feast of All Saints . But what all other good and wise Men may think thereof , you may guess . Some here have , it seemeth , abused their Favour about her Majesty , to make her self her most Enemy . God amend them . I will not write to you who were suspected . I am sorry for them ; and so would you also , if you thought the suspicion to be true . Your assured Loving Friend , Will. Burleigh . This Parliament did not meet again until the Eighth of February , in the Eighteenth year of the Reign of Queen Elizabeth , unless there be any better Authority than Mr. Pulton's , in his Statutes , to make it appear that it did . And although there never was greater fear and danger of the Introduction of Popery and Arbitrary Power , by reason of the Queen of Scots Religion , her Pretences , and Practices , and the expectation of great Assistance from abroad and at home , than at this time , yet we find not those that were suspected to have advised the Queen this great Affair , to have been branded by Publick Vote , as Betrayers of the Queen , the Protestant Religion , and the Kingdom of England , Promoters of the Scottish Interest , and Pensioners to Scotland . This is a faithful Relation of the Succession . Whether I have fairly or partially cited the Records and Histories I have used , any Man ( if he please ) may inform himself . Whether it be expedient , just , or lawful to go about to interrupt the lawful Succession by Birth-right , or to endeavour to break or vacate the Laws and Customs of the Nation , by which it is Established and Governed , without any Motion , Sollicitation , Procurement , or Intention of the present true and lawful King by Birth-right , for and upon the Suggestions in the Bill mentioned , I leave to the Consideration of Wiser Men than my self . In smaller Matters than this it was said , Nolumus Leges Angliae mutare . A Paralel or Comparison between some Citations in the Author of the Brief History of Succession , &c. And the Words of the Authors themselves . Author of the Brief Hist . fol. 1. in the Margin . EDwardum Elegerunt , Electum consecraverunt , & in Regem unxerunt . Sim. Dunelm . An. 975. f. 160. Fol. 3. in the Margin . Hic Robertus semper contrarius & adeo innaturalis extiterat Baronibus Regni Angliae quod plenario consensu & Consilio totius Comunitatis Regni ipsum refutaverunt & pre Rege omnino recusaverunt & Henricum fratrem in Regem erexerunt . Hen. de Knighton , c. 8. 2374. Fol. 4. In the Notes in the middle of the Folio . In Conventu Episcoporium , & aliorum de Regno optimatum , Mat. Westm . f. 246. an . 1153. Fol. 4. In the Margin . Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae Episcopi , Abbates , Comites , Barones , Vice-Comites , Praepositi , Aldermanni cum Fidejussoribus , Gervas , Hen. 2 fol. 1412. And , fol. 4. in the Body of his History , says , This was a Parliament in which Henry the Second procured his Son Henry to he declared King , together with himself , by their consent . Brief History , fol. 5. in the Margin . Post tam Cleri quam Populi solennem & debitam electionem , Rad. de Diceto , fol. 647. Ibid. f. 5. In the Body of the History . King John applies himself to the People for a more sure Title [ d ] who being summoned together , chose him King. Ibid. in the Margin , [ d ] Praelatorum Comitum & aliorum Nobilium infinita a multitudine , Brompt . 1281. Fol. 10. in the Body of the History . Please it your Grace to understand the Consideration , Election and Petition of the Lords Spiritual and Temporal and Commons , &c. Cot. Rec. fol. 709. This is all considerable which he cites out of this Record . Fol. 11. in the Body of the History . In the 25th . Year of Henry the Eighth , an Act passed , wherein the Parliament , in the Preamble , say , They were BOUNDEN to provide for the perfect Surety of the Succession . They did not certainly reckon themselves bound to do a thing that was not in their Power , Stat. 25 H. 8. c. 22. Sim. Dunelm . Anno 975. col . 160. n. 40. EDwardum , UT PATER SUUS PRAECEPERAT , Elegerunt , Electum , consecraverunt , & in Regem unxerunt . Hen. de Knighton , col . 2374. c. 8. n. 10. Iste Robertus semper contrarius , & adeo innaturalis extiterat Baronibus Regni Angliae quod plenario Consensu & Consilio totius Comunitatis Regni , IMPOSUERUNT EI ILLEGITIMITATEM QUOD NON FUERAT PROCREATUS DE LEGITIMO THORO WILLIELMI CONQUESTORIS , UNDE UNANIMI ASSENSU SUO , ipsum refutaverunt & pro Rege omnino recusaverunt & Henricum fratrem ejus in Regem erexerunt . Mat. Westm . f. 246. an . 1153. n. 10. Rex Stephanus omni haerede viduatus praeter solumodo Henricum Ducem recognovit , in Conventu Episcoporum & aliorum de Regno optimatum . Quod Dux Henricus jus haereditarium in Regnum Angliae habebat , & Dux benigne concessit ut Rex Stephanus tota vita sua suum Regnum pacifice possideret . Chronica Gervasii , col . 1412. lin . 4. Convenerunt interim die Statuto ex Mandato Regis ad Londoniam totius Angliae : Episcopi , Abbates , Comites , Barones , Vice-Comites , praepositi Aldermani , cum Fidejussoribus suis timentes valde omnes . Quisque juxta conscientiam suam metuebat , nesciebunt enim , Quid Rex statuere decrevisset ipsa die Henricum filium suum qui eadem septimana de Normannia venerat militem fecit , statimque eum , stupentibus , cunctis & mirantibus , in Regem ungi praecepit & coronari . Not one word here , or in all this story of this Author , of their declaring him King. Rad. de Diceto Imagines historiarum , col . 647. n. 40. Comes Itaque Pictavorum Ricardus HAEREDITARIO JURE PRAEMOVENDUS IN REGEM post tam Cleri quam Populi solempnem & debitam electionem , &c. Chron. Johan . Brompt . col . 1281. n. 40 , 50. Johannes ab Huberto Archiepiscopo Cantuariensi in Ecclesia B. Petri Westmonasterii INUNGITUR ET IN REGEM ANGLIAE CORONATUR ASSISTENT Prelatorum , Comitum , BARONUM & aliorum Nobilium infinita multitudine . Exact Abridgment of Records in the Tower , fol , 709 , 710 , 711 , &c. This is a very long Record , and this is all considerable he cites out of it ; whereas the whole Title of Richard the Third from Parliament in this Settlement is grounded upon his being ( as they pretended ) the only true , right and lawful Heir . See what is noted of this Record , and said concerning Richard the Third in this History . Pult. Stat. 25 H. 8. c. 22. The Preamble . In their most humblewise shewn unto Your Majesty , your most humble and obedient Subjects , the Lords Spiritual and Temporal , and Commons in this present Parliament , &c. That since it is the natural Inclination of every Man to provide for the Surety both of his Title and Succession , although it touch his only private cause ; We therefore reckon our selves much more BOUNDEN TO BESEECH AND INSTANT YOUR HIGHNESS TO FORESEE AND PROVIDE for the PERFIT SURETY OF BOTH YOU and your MOST LAWFUL SUCCESSION and HEIRS , upon which dependeth all our Joy and Wealth ; in whom also is united and knit the only meer true Inheritance and Title of this Realm , without contradiction . These are some of his many wilful Mistakes : and indeed , there is scarce one Instance in the Pamphlet that is not either falsely cited , or falsely applied . FINIS . ERRATA . PAge 5. line 8. for Emmy , read Emma , l. 15 r. quique . p. 6. l. 16. f. consensu , r consensum . l. 35. f. preditorum , r. Proditorum . p. 8. l. 11. f. subjugandat , r. subjugavis . p. 9 , l. 11. f. Aifred , r. Ailred . l. 40. f. Clisonis , r. Clitonis p. 11. l. 11. f. Congregatio , r. Congregato . p. 13. l. 27. f. Adjucavit , r. Adjudicaviit . p. 17. l. 41. f. Numeri , r , nostri . l. 49. f. Praesagia , r. praesaga . p. 25. l. 25. f. him , r. them . p. 34. l. 42. in the Margin , r. Compleat Ambassador , fol. 85 , 86 , 87. p. 36. l. 31. in the Margin , r. Rot. Parl. 13 Eliz. n. 1. Notes, typically marginal, from the original text Notes for div A29176-e110 a In his Eliz. f. 482. b Title Page . d In the Epistle Dedicatory . e Ibid. f. 481 , 482 , 483. f This is the common Cheat , to call the two Houses , or a prevailing Party in the two Houses , or in one House , a Parliament . So it was in the Reign of Edward II. Richard II. and Charles I. That Rebellious , restless Faction , that murthered them when they were Prisoners , called themselves a Parliament : when as nothing can constitute a Parliament , but the King , Lords Spiritual and Temporal , and Commons , all in perfect Freedom . a Anno Dom. 801. b Anno eod . c Anno Dom. 802. d De Cest . Reg. fol. 8. a. n. 10. e Ibidem . f Chron. Sax. Anno Dom. 854. Flor. Wigorn . 849. g Gul. Malm. fol. 7. a. n. 30. h Chron. Sax. Flor. Wigor . Anno Dom. 836 i Fol. 20. a. n. 30. k Malm fol. 72. a. n. 20. & b. n. 30 Flor Wig. An Dom. 855. l Chron. Sax. An. Dom 854. m Fol. a. n. 40 . An. Dom. 860. n Flor. Wigor . Chron Sax. 866. Malm. fol. 22. b. n. 50. o Ibid fol. 2● . a. n. 4● . Chron. Sax. An. Dom. 871. Flor Wig. p Ibid. Anro Dom 901. Malm. fol. 25. n. 40. q Chron. Sax. An. Dom. 925. r Both in An. Dom. 924. f Lib. 2. cap 6. fol. 27. a. lin . 27. t Lib. 1. C. 6. u Ibid fol. 29. lin . 32. x Ibid. n. 10. y Ibid. fol. 27. l. 28. z Chron Sax. An. Dom 941. Flor. Wig. Sim. Dunelm 940. a Ibid. Anno Dom. 946. b Fol. 30. a. n. 50. c Chron. Sax. Flor. Wig. An. Dom. 955. d Nothing of this story in the Saxon Chronology . e Chron. Sax. An. Dom. 957. f Fol. 30. b. n. 40. g Chron. sax . An. Dom. 575. Flor. Wigor . 975. Sim. Dunelm . 975. h Ibidem . i Malms . fol. 33. b. n. 40. k Flor. Wigor . An. Dom. 978. Sax. Chron. An. Dom. 973. l Faed . Aelsr . & Guthr . c. 1. Lanob . fol. 36. m Aelfred . vit . Appen . 7. fol. 210. n Ingulph , fol. 507 , b. lin . 5. Anno Dom. 1016. o Ibid. p Ibid. Anno Dom. 1017. q Fol. 509. 2. lin . 2. r Lib. 2. c. 12. s Flor. Wigor . Anno Dom. 1040. t Fol. 164. c. u Flor. Wigor . Anno Dom. 1042 , 1043. x Malms . f. 450. n. 10 , 20. y Gemet , lib. 6. c. 9. z Ibidem . a Col. 371. n. 30 , 40 , 50. b Sim. Dunelm . Col. 189. n. 20. c Ingulph , f. 511. b. n. 50. d De Geneal . Reg. Angl. Col. 366. n. 50. b Vit. Aelfred . fol. 9. lin . 4. sect . 9. c Testam . Aelfred . Asser . f. 22. n. 20. d Flor. Wigor . Anno Dom. 860 , 86. e Vit Aelfred . f. 9. in Not. f fol. 584. g Flor. Wigor . Anno Dom. 975. Sim. Dunelm . Ibid. h Sim. Dunel , Flor. Wigorn. An. Doth . 924. i Malms . de gest . Regn. l , 2. c. 6. f. 27. a. lin . 27. k Flor. Wigorn. An. Dom. 946. Enecomlum Emmae , fol. 164. B. Ibid. c . f Ibid. 174. A. B. g Cul Genment . hb 6. c. 9. h Ibidem . i Ingulph Histor . hine fol 512. b. n. 40. k Fol 181. D These three last Authors were living at that time l Eadmer . f. 5. n. 10. m Ibid. n. 40. n f. 632. AnDom . 1066 o Anno Dom. 1066. p fol. 511 , b. n. 50. q Gul. Gemet . lib. 5. c. 12. r Ibid. f R. Hoveden . f. 425. a. n.20 . t Fragment . de Gul. Conquestore , f. 32. n. 30. Ord. vit . f. 659. C.D. v Ibid. n. 20 , 40. Ord. vit . ut supra . x Ibid. f. 663. B. y Flor. Wigor . f. 642. z Degest . Reg. f. 67. n. 20. Paris , f. 14. n. 10. a It was then the custom for Bishops to make Knights Septemb. 27. F. 642. 1088. b Malms ut sup . lin . 49. c Flor. Wigor . ut supra . These English were Stipcndiary Soldiers , Paris , f. 15. n. 10. Fol. 650. lin . 9. F. W. died 19 Hen. 1. d Ibid. lin . 27. e Ibid. lin . 41. Fol. 59. n. 10 , 20 , 30. Eadmer was Anselm's Chaplain at this time . a Fol. 88. a. n. 20 , 40. Flor. Wigorn. f. 649. l. 27. b Paris , Anno Dom. 1100.fol . 55. lin . 42. Patis died , An. Do. 1259. Brompton , 1326. Westminister , 1377. Knighton , 1380. c C. 8. Col. 2374. c C. 8. Col. 2374. d Malms . fol. 93. a. lin . 36. a Ibid. fol. 99. a. n. 40. b Ibid. c Malms . s . 100. a. n. 40. d Paris , f. 61. n. 50 , f. 62. n. 10 , 20. e Iid. 61. lib. ult . 62 , lin . 1. &c. ibid. lin . 23. f Ibid. 6. . n. 10. g Ibid. f. 73. n. 20. h Malms . Hist . North. f. 100. b. n. 30. i Vid. hic . f. 105. b. n. 40. omne Reguum Augl . simul & Ducatum Normaniae . k Pitsius in that Year , Col. 505. n. 40 , 50. l Malms . n. 10. m Ibid. n. 40 , 50. n Ibid. n. 20. Ibid. 101. b. n. 10. b Ibid. 105. b. n. 20 , 30 , 40. Malmsbury , says he was present in this Council . Ibid. lin . 26. c Ibid. f. 106. a. lin . 1,2,3 . d Ibid. f. 107. n. 10,20,30,40 e Ibid. f. 108 . a. n. 30 , 40 , 50. f Gervas Dorob . Col. 1375. n. 10. Paris , f. 86. n. 10. Hoveden , f. 281. a. lin . 21. g Fol. 246. n. 10. An. Dom. 1153. This Accord was made at Wallingford , by the diligence , of Arch-Bishop Theobald and Bishops of the Kingdom . h Ibid. n. 30. Anno. Dom. 1154. i Hoved. f. 372. b. 40,50 , f. 373 . a. lin . 7. k Ibid. n. 50 & b. lin . 7. Quod fidem portabit Regi Angliae Richardo , Regis Hen. filio , &c. l Ibid. f. 374. a. n. 10. m Of Normandy . n Rad. de Diceto , Col. 647. n. 40 , 50. o Ibidem . Hoved. f. 398 . b. n. 30,40,50 , &c. 399. b. n. 40. An. Dom. 1191. Ibid. f. 41 2 . a.n . 40,50 . Anno Dom. 1193. Ibid. 6. lin . 1. &c. q Ibid. f. 417. b. n. 30. Anno Dom. 1194. r Ibid. f. 418. a. n. 40. ſ Ibid. b. lin . 6. t Ibid. n. 20. v Ibid. f. 428. a. n. 20. Anno Dom. 1195. 6. Ric. x Ibid. f. 449. b. lin . 37. y Fol. 450. b. n. 10. King Richard died , Apr. 6. 1199. z Ibid. n. 40. a Homines Regni could be no other , seeing Fealty and Homage was due only from such as held Lands subject to that Service . b Ibid. n. 40. c Ibid. n. 50. d Ibid. f. 451. a. n. 10. King Richard died , An. Dom. 1199. e Paris , f. 197. n. 20. f Ibid. n. 30 , 40. Note here Successione haereditaria eligere , which can signifie nothing but to recognize , and acknowledge him King by Hereditary Succession g Col. 1281. n. 40 , 50. h Col. 1338. n. 30. i Moderat Feod . Mag● . Sigilli . Paris , f. 289. n. 10. k Ibid , 279. n , 20. l Ibid. 282. n. 10. m Ibid. 296. n. 40. 297. n. 30. 299. n. 20. n Paris , f. 288. lin . 2. Westmin . f. 276. n. 40. o Paris , f. 488. n. 30 , 40. p Ibid. f. 654. n. 20. q Ibid. f. 527. n. 40. Anno Dom. 1240. r Ibid. f. 994. n. 50. Brief . History of Succession , f. 6. f Vid. Preamble to the Ordinantes made by an extorted Commission to certain Ordainers , dated Mar. 16. 3 Ed. 2 . but not executed until the fifth of his Reign . Ordinance , 13 , 14 , 16. Rot. part . 5 Ed. 2. Tho. Walsingham , f. 113. lin . 48. t Vid. Memoranda Parliamenti , 9 Ed. 2. apud Lincoln . v Walsingham f. 116. n. 20 , 30 , 40. x Great Stat. Rol. ab Hen. 3. ad 21 Ed. 3. m. 31. Bib. Cott. Claudius , D. 2. f. 232. a. y Oxford Provisions , 42 H. 3. z Walsingham , f. 115. n. 40. a Ibid. f. 119. n. 20. b Ibid. f. 120. n. 20. c Ibid. n. 40. d Ibid. f. 121. n. 30. e Ibid. n. 40. & Cl. 20. Ed. 3. m. 11. Dors . f Walsingham , ibid. n. 40. g Cl. 19. Ed. 2. m. 2. h F. 122 , n. 10. She was generally reported to be a vile Woman ; cruel and unchast . i Ibid. f. 125. lin . 49. k Ibid f. 123. n. 20 , 30. l Ibid. f. 125. n. 30. m Ibid. n. 50. n Cl. 1. Ed. 3. Part 1. m. 3. Dors . o Wals . f. 127. lin . 36. p Ibid. n. 40. Kinghton says , Octabis Epiphaniae , Eight days after Twelfth Day . Col. 25●9 . n. 50. q Walsingham , f. 126. n. 20 , 30. Ibid. lin . 39. r Ibid. n. 40. ſ Ibidem . t Cl. 1. Ed. 3. Part. 1. m. 28. Walsingham , f. 126. n. 50. Note de Consilio & Avilamento , not ●lectione , &c. Rot. Parl. 4 Ed. 3. n. 1. Ibid. n. 2 , 3 , 4 , 5. Rot. Parl. 50. Ed. 3. n. 40. al. 50. v Walsingham , fol. 193. n. 40. Ibid. f. 195. n. 10. x Third Vol. of Chron. f. 508. n. 50. Walsingham , f. 358. n. 50. a Ibid. f. 359. lin . 1. b Rot. Parl. 1. H. 4. n. 52. c Ibid. n. 53. d Ibid. n. 54. e Ibid. Suae voluntatis . f Sir J. Haward's Life of Hen. 4. p. 98. Ibid. p. 99. b Rot. Parl. 39 H 6. n. 11. Ibid. n. 12. Ibidem . Ibidem . Ibidem . Ibidem . Ibidem . Ibid. n. 13. Ibid. n. 14. Ibid. n. 15. h Cap. 2. Ibid. n. 17. Ibid. n. 18. Lib. 22. sub initio , fol. 433. n. 30. i Edw. I. was in Palestina when his father died , yet acknowledged K. before his return . K. John was acknowledged King before his Coronation also . k Fol. 7. The words are Concilium Principum convocandum curat . If this was a Parliament , he must be King before be could call it . m He means the Act of Entail of the Usurpation , 7 H. 4. c. 2. n Rot. Parl. n. 9 , 10 , 11 , 12 , 13 , &c. Ibidem . Ibidem . Ibidem . Ibidem . Ibidem . o Exact Abridgment , fol. 712. In this Abridgement the whole Record of 1 R. 3. is printed . p Ibid. fol. 713. Ibidem . q Ibid. f. 714. Ibid. f. 717. Election here signific nothing but Recognition . r Bacon's Hist . f. 7. ſ Rot. Parl. 1 H. 7. * In Cotton . 1. Libr. Cleopat . E. 3. * It is true , if 〈…〉 in right of his Queen . And note , He prefers his Title by Conquest and Succession , before that by Ad of Parliament . † Ibidem . Cap. 22. * 〈◊〉 the 〈◊〉 and H●ir of 〈◊〉 Houses of York and Lancaster . Pult. Stat. f. 628. 630. Ibid. ● . 633 Ibidem . Ibis . f. 631. Ibid. f. 632. Ibidem . 1 Mar. Session . 2 . c . 1. Eliz. c. 3 . a 1 Jac. c. 1. b Ibibem . c Ibidem . d Ibidem . c 4 Instit . f 52. f Pult. Stat. g Com. Jo●●a . mar . 29 Maii. fol. 39. Sei Camden's Eliz. An. Dom. 1568 , 1569 , 1570 , 1571. h Ibid. fol. 171. i Ibid. 149. k Ibid. f. 1570. l Ibid. f. 118. m Ibid. f. 126 , 127. n Ibid. f. 128. o Ibid. f. 118. p Ibid. f. 107. * Compleat Ambassador , Queens Letter , f. 66. Burleigh's Letter , f. 69. Queens Letter , f. 83. & Qu. Let. f. 106. † Ib. f. 105 , 108. June 7. 1571. Ibid. f. 96. * Sabbati , 21 Apr. 1571. fol. 18. b. * Rast . Stat. tit . Treasons , n. 27 f. 5 54. a Ibid. b. Ibid. f. 554 b. Ibidem . This Clause was mainly intended against the pretended Authority of the Pope , by which he deposed her . * 28 H. 8. c. 7. Pult. Stat. * 1 Eliz. c. 3. Ibidem . Ibidem . Camd. Eliz. f. 73. A. D. 1564. ‡ Ibidem . Ibid. fol. 75. Jus Successionis . Ibid. fol. 83. Ibid. & f. 84. Ibidem . * Ibid. f. 89. * Ibidem . * Mercur. 28 Maii. 1572. fol. 53. * Compleat Ambassador , fol. 219.