*The Arguments of the Challenge made by John Earl Mar∣shall to have his place in Parliament above Richard Earl of Warwick;* with the Answers of the said Earl of War∣wick against the said Challenge.

*FIrst, it was alleged for the Earl Marshall, that according to a pedegree delivered to the Parliament, he was descended of the bloud royall from Thomas of Brotherton son to King Edward the first,* and bare the Armes of this land, by which bloud, and armes, he claimeth to have place in Parliament, afore the said Earl of Warwick.

*The Earl of Warwick by the mouth of Sr. Walter Beauchamp, saith, that though the Earl Marshall claimeth place in Parliament by bloud,* and armes, yet he claimeth no possession had by none of all his Ancestors; but the Earl of Warwick allegeth possession in himself above the Earl Marshall, in this sort following.

*First, in a Parliament in Anno 11. R. 2. certain Appellants were written in this order; first, the Duke of Gloucester, that was son to King E. 3. next the Lord of Darbie, that was after King H. 4. and then the Earl of Darby, the next to him the Earl of Warwick, fa∣ther to the now Earl, Defendant, and then afterwards the Earl Marshall, father to the now Earl.

*Item also King H. 4. kept a great Councell at Westminster, where debate was moved between the Earles of Kent,* and Arundell, for their places in Parliament, and likewise between the Earl of War∣wick,* and the Earl Marshall, brother to the now Earl Marshall, where it was determined,* that the Earl of Kent should have place above the Earl of Arundell, and that the now Earl of Warwick, a∣bove the then Earl Marshall,* and so they were both set personal∣ly in possession.

*In a patent of King R. 2. made to Thomas Duke of Gloucester, of Holdernes, and Okeham, in the Testees the Earl of Warwicks father was set before the Earl Marshalls father.*

*Item, in a letter sent to the Pope by King R. 2. for the matter of provision,* the name and seal of the Earl of Warwick, was set be∣fore the Earl Marshall.

*Item, though the Earl of Arundell be not of the bloud royall,* nor ever bare the Armes of this land, yet he hath had place in Par∣liament alwayes above the Ancestors of the Earl Marshall, with∣out interruption.

*Item, he requireth the Duke of Gloucester to call to his remem∣brance the Parliament holden at Leicester, 2. H. 5. where notwith∣standing the noble service done by the Duke of Exeter,* then being Earl of Dorset,* in the Dutchy of Guienne, who was of the bloud royall, and Uncle to the King, and bare the royall Armes of Eng∣land, Page  575 and France,* yet neverthelesse the said Earl of Warwick had place above the said Marshall, and the said Earl of Dorset.

Item, where the Lord Stafford that now is, is lineally descended from E. 3. by royall whole bloud, and not demi sanguinis, by his mother, the Countesse of Stafford, daughter of Thomas of Woodstock, Duke of Gloucester, yet the Earl of Warwick hath place above the Lord Stafford.*

Item, it was declared that E. 1. had issue by his second wife,* the French Kings sister, Thomas of Brotherton, and Edward the younger brother, which Thomas the Lord Marshall is descended of, and of Edmond the Lady Princesse, and the Earles of Kent came of the younger,* and that their difference in Armes was further off then the Earl Marshalls, yet they had place before the said Earl Mar∣shall.

Item, it was also declared, that E. 1. had another wife named Ellinor,* daughter to Alphonso King of Spain, by whom he had a daughter two yeares elder then her brother E. 2. which daughter was wedded to the Earl of Hereford,* by whom she had two sons, and two daughters, the one named Earl of Hereford, and the other Earl of Northampton;* the elder daughter being wedded to Courtney afterwards Earl of Devonshire,* who by this meanes was lineally de∣scended of the bloud royall, and yet the Earl of Warwick had his place in Parliament be•ore him.

It was moved, that where commandement was before given, that the Earles should both forbear to sit in the Parliament house,* un∣till the title of both parties were by their Councell declared in writing;* there were then writings exhibited into the Court, de∣claring each others titles.

Item, it was alleged for the said Earl of Warwick,* that he ought to enjoy the possession of the place in Parliament,* till the said Earl Marshall had a Judgement for his right.*

Item, it was answered for the Earl Marshall,* that such possession had against Title of right,* which began but lately by commande∣ment, ought not to be affirmed, nor put him to his action, or out of possession, for lack of Judgement.*

Item, it was desired by Walter Beauchamp, for the Earl of Warwick, that learned men might examine the matter,* and if they should find the same otherwise over - ruled than the law would, that the said commandement might be reformed, and that they might de∣clare for the Lord of Warwicks possession,* and suffer him to enjoy the same peaceably, seeing that all exceptions given on the Earl Marshals part, may not hurt the possession of the Earl of Warwick.

The writings of both sides being shewed, it was desired for the Earl Marshall,* that forasmuch as in his opinion he had brought sufficient proof, he might have Judgemenr,* and that the Earl of Warr. might be excluded from claiming, or challenging the said place; and that all matters declared for the Earl Marshall, might be entred of record.*

Page  576And for the better and more speedy determination of the said Controversy, the said Iohn Earl Marshall caused to be shewed un∣to the Court of Parliament,* that R. 2. by his Letters Patents da∣ted the 21. year of his reign, created Thomas then Earl of Notting∣ham and Marshall of England, Duke of Norfolk,* giving him also for the better sustentation of the said Title, forty marks yearly:* to hold both the said title, and stipend to him and •is heirs males, which said Thomas Duke had issue, Thomas and Iohn, now Earl Marshall, which Thomas died without issue, and so the said Iohn claimeth to be Duke of Norfolk, as heir u•to his brother Thomas.

*The said Earl Marshall made humble petition to the King, and to the said Duke of Gloucester, his beloved Uncle, and the rest of the Lords, that he might be so reputed, and declared Duke in that Parliament;* saving alwayes the right of possession of him, and his heirs of his body coming as Earles of Nor•olk, to his place in that high Court, above his said Cousin the Earl of Warwick; desiring all that all other matters by him and his Councell notified,* and de∣clared, might be entred of record.*

*The King upon consideration of the said Letters Patents, and such other proofs as the said Earl Marshall had made and decla∣red, by the advise and consent of the Lords spirituall and tempo∣rall, and the Commons of the realm, &c. caused it to be declared, and with one assent accorded; That the foresaid Iohn Earl Mar∣shall, as son of the aforesaid Thomas, Duke and brother, and heir of the said Thomas son of Thomas, by vertue of the said Letters Pa∣tents, and by succession, should from thenceforth be held and re∣puted Duke of Norfolk,* and should use and enjoy the stile, title, name, and honour of the Duke of Norfolk, according to the tenor of the aforesaid Letters Patents: which declaration &c. accorded, the said Lord Chancellor by authority from the King, openly de∣livered; whereupon the foresaid Iohn, as Duke of Norfolk, imme∣diately did homage to the King;* which done, the King command∣ed the said Duke, to take his place amongst his equalls, which he did most thankfully.