The history and life and reigne of Richard the Third composed in five bookes by Geo. Buck.

THE FOVRTH BOOKE OF THE HISTORY OF KING RICHARD the Third. (Book 4)

The Contents.

• UPon what occasion the sentence of Ba∣stardy was given upon the Children of King Edward the 4^th and why.
• The sundry Loves, Wooings, Contracts and Marriages of King Edward the Fourth.
• His divers Concubines, His device of the Fet∣terlock, and the Faulcon.
• His wooing the Lady Elianor Talbott alias Butler, the Lady Bona of Savoy, and the Lady Elizabeth Gray widdow, & his marriage with her.
• His former Marriage or Contract with the said Elianor, her wrongs and her death. Kings must not marry the daughters of their Vassalls, nor other with∣out the consent of their Barons, Doctor Stillington Bishop of Bath Imprisoned for speaking of King Ed∣wards Marriage with the Lady Elianor Talbott, Spuria vitulamina.
• How King Edward might have salved those Er∣rors and prevented all the mischiefes following them. The Children of King Edward the Fourth declared

• and adjudged illegitimate. King Edwards death suspected by poyson; the mortality of the Plantage∣nets. The Authority of Parliament; Parliaments how so called and derived; Parliaments against Par∣liaments.
• The first Parliament of King Henry the seventh; what Treason is; whether Soveraigne Princes may be said to commit Treason against their Subiects; The treaty of Marriage between K. Richard the third, and the Lady Elizabeth Plantagenet▪ and cheifely sought by her selfe and the Queene her Mother; The entertainement of the Lady Elizabeth at the Court; the first Libell of Divorse; the scruples of the Lady Elizabeth; King Richard never meant to marry her.
• The marriages of Neeces allowed by the Pope, and usuall; the true cause of Sir Thomas Moores Condemnation and execution.

(Book 4)

The FOVRTH BOOK OF King Richard The Third. (Book 4)

THe Title King Richard the Third had to the Crown, ac••rued to him by the illegitimacie of the Children of King Edward the Fourth, and the Attainder of the Duke of Clarence, with the Corruption of his Blood, and forfeiture of the Title in him and in his Heirs, of which there was no question: but of the forfeiture and disheritage of the sons of Edward the Fourth there hath been much. The true cause hath not nor cannot be well known, with∣out the Narration of King Edward's sundry Loves and Wooings, specially his Contracts and Marriages.

I shall not need to intimate how amorous and wanton this* 1.1 King was, his many Mistrisses or Amasia's he kept, in several pri∣vate places; whereof the most famous was Katharine de Claring∣ton, Elizabeth Wiatt alias Lucy, Iane Shore, the Lady Elianor Tal∣bot. And it is worth the remembring (in the Concourse of such matters as these) there was another fair Creature so dear unto him, that his too much Affection begat Suspition; of which he gave her a kinde expression, by a quaint device sent unto her in a rich Jewel, fashioned much after the manner of the trivial Hie∣rogliffs used in France, and called Rebus de Picardy. The device was, A Faulcon encompassed with a Fetter-lock: The Mott, Au Faulcon Serrure. The Caution lying in the ambiguity and double

sense of Faulcon: which being whole and proper, signifieth a Hawk; but divided, hath an obscene signification, and so Faul∣con becometh an aequivoque.

The King afterward was so affected with this device, that he would have it carved and painted, in many of his Royal works yet to be seen at Fotheringhay and elsewhere.

Yet although the Kings Jealousie was thus particular to her, his Affection was as general to others; being a frank Ga••ester, and he that would cast at all, fairly set. Above all, for a time he was much speld with Elianor Talbot, daughter of Iohn Talbot Earl of Shrewsbury (called in the Act of Parliament 1 Rich. 3, The old Earl of Shrewsbury) her mother was the Lady Katherine Staf∣ford, daughter of Humphrey Stafford Duke of Buckingham, and she the widow of Thomas Lord Butler Baron of Sudesley. Her beauty and sweetnesse of disposition drew his desire so vehement∣ly, and with such respect, that he was suddenly Contracted, and after Married by Doctor Thomas Stillington Bishop of Bath,* 1.2 Councellor of State (one much favoured by the King, and often employed by him in great Affairs.) This is witnessed by our Eng∣lish Writers, and veritable Philip de Comines, in these words: Le Evesque de Bath (lequel avoit este Conseillier du Roy Edward) di∣soit que le dit Roy avoit promis foy de Mariage a une Dame de Angle∣terre, & qu'il avoit nommè, & que le Roy avoit fait la promise entre les mains dudict Euesque, & dit aussi c'est Euesque, qu'il avoit apres espousè, & n'y avoit que luy & ceux deux.

In English thus:

The Bishop of Bath, a Privie Councellor of King Edward, said, That the King had plighted his faith to marry a Lady of England, whom the Bishop named the Lady Elianor Talbot; and that this Contract was made in the hands of the Bishop, who said that af∣terwards he married them, no persons being present but they twain and he, the King charging him strictly not to reveal it. Which Contract and Marriage are related in the Act of Parlia∣ment aforesaid, where it is disertly called a former Marriage, and the King had a childe by her. But where desires are unlawful, they will be unlimited. We are ever young enough to sin; never old enough to repent: never constant, never satisfied in our neer∣est desires. Though to morrow shew us the sting of to day, the third shall betray us again; and we are taken (like children in a shop of trinkets) by the eye, liking all things, from one to another, until pleasure dull pleasure, and we grow weary of them. As in the dotages of this King, who had now received others in∣to the bosome of his fancy; especially the fame (which was then in every Courtiers ear and mouth) of an excellent Lady in the Court of France, with the Queen Chareltts, wife of King Lewis 11, and sister to this Lady whose name was Bona the daughter of Lewis Duke of Savoy. And so suddenly and strongly had he

taken fire and apprehension of her report (the bent of his affe∣ction being meerly wanton to every new object, thinking Love a cold Composition, without the priviledge of Variety) that he straight falls into terms of engagement and capitulation of Mar∣riage; to which purpose the great and renowned Richard Nevil* 1.3 Earl of Warwick and Salisbury, and Captain of Calais (then in the esteem of his best and most trusty friend) had a Commissi∣on of Treaty, and with all speed was sent Ambassadour into France; who, with all honour and magnificence to his wish ef∣fects it; with the more noble and easie dispatch, the Earl of Warwick being a man eminent thorow all the parts of Europe, for his Valour, Wisedom, and Heroical vertues. Expecting a* 1.4 welcome at his return, answerable to the period of his employ∣ment, but findes an alteration not onely of the Kings affection, but of his countenance: for in the interim he had (in an instant or particle of time as it were) wooed and wedded the Lady Eli∣zabeth Gray, Relict of Sir Iohn Gray, daughter of Sir Richard Woodville, and of Iaquetta, sometime Dutchesse of Bedford and daughter of the Earl of St. Poole. Her husband was one Gray a Knight of Grooby, who became a very vehement Lancastrian, revolting from the House of York, and therefore the more hate∣ful to those of that Family, and the well-wishers thereof (so to the Earl of Warwick.) He was slain at the Battel of St Albans: Of whom, and of this Lady his wife, as of this Marriage, Philip de Comines relates something, which I shall leave to the interpre∣tation of the better knowing, and desire not to understand it in the words: Or de puis le dict Roy Eduart espousè la fille d'un Ch••val∣lier de Angleterre femme veufue, qui avoit deux filz & aussi per Amor∣rettes.

But neither the despised state of widowhood, nor the mean∣nesse of her quality and condition, the earnest disswasion of the Dutchesse his mother and best friends, could make him withdraw his affection, so deeply and obstinately he was surprised with her beauty: yet if he could have enjoyed his longings otherwise, he ha•• not married her. But she was of so pregnant and reserved a wit, (seconded by the caution and counsel of the Dutchesse her mother) that his highest temptations and sweetest batteries could not win upon her; protesting never to yeeld to any disho∣norable parley or unchaste motion, although it might warrant the safe••y of her life; and humbly implored his Grace not to think her so exorbitantly and vainly ambitious, to wish her self a Queen, or to have the hope and presumption to be any thing higher then what she was, His poor and humble vassal: nor was she of so lowe and lost a minde, as to violate her Chastity, or be a Concu∣bine to the greatest King.

When the King perceived there was no other remedy but that he must shift his sail to that scantling of winde, he complies with

her, and protests it was his desire and ••uit to marry her, notwith∣standing her inequality: for in his esteem, her love, her beauty, and her vertue, made her Fortunes and Dowry great, and high enough for any King. Nor did he defer it any longer then there was necessity; but marry her he did, and with such dispatch, that he stayed not for the advice of any, either Councellor, Kinsman, or other whatsoever.

Nay, his speed admitted not the approved Ceremony of the Banes asking. And such was the want of Reverend Bishops then, that he was fain to take an ordinary Priest to marry them, in a Chamber too, in stead of a Church, and that in a Lodge or Forest∣house; no body being present but the Dutchesse, and some few* 1.5 of her company. So where he first saw her (and by chance) there at the next interview he married her; an act of as high ex∣ception as improvidence. For his Barony thought it a most un∣worthy and unequal Match, distasting it the more, as done with∣out their consent, which they as••ever'd the King ought to have by their ancient priviledges: and were the more exasperated, considering the great inequality between her condition and the Imperial Majestie of England, being the Relict but of a poor Knight, his mortal enemy too▪ Above all, the Earl of War∣wick took it for an high indignity and scandal to his Honour, which stood so far engaged in France to the Lady Bona and her Princely friends; knowing the French would be as sensible of the scorn, besides the great charge he had been at, to manage the employment. In the heat of these disgraces (for transcen∣dent spirits have their answerable passions; and it is as danger∣ous to stand in their way, as in the reaches of an angry Tyde) he forsook the King, and soon after takes up Arms against him; an Induction to those succeeding evils which pursued that inconsi∣derate Marriage: of which the judicious Polidor (lib. 24.) ma∣keth this Censure.

••ex Edwardus mutato Concilio de ducenda in uxorem Bona,* 1.6 filia Ducis Sabaudiae, Elizabetham viduam Johannis Gray Militis, in Matrimonium duxit; & de eo Matrimonio ob mulieris humilita tem non modo necessarios Principes, verum etiam Richardum Woodvillum Patrem mulieris celat: qua causa cognita cuncti proti∣vus mirari, Principes fremere, Passimque voces emittere indignatio∣nis, & Regem non ex sua dignitate fecisse, easque nuptias se cri∣mini dare & dedecori assignare, quod caeco amore non ratione duct us esset▪ sed inde initium profectum est simultatis ortae inter Regem Ed∣wardum & Richardum Comitem Warwici, &c.

But if you will not give credit to him, you shall hear an Eng∣lish Prelate living in those times.

Edwardus Rex fret us propria electione cujusdam Militis relictam nomine Elizabeth, inconsultis Regni proceribus clandestino sibi de∣stinavit Matrimonio; postea ipsam in reginam Coronari fecit: quod

quidem Regni optimates aegrè tulerunt, quia de tam mediocri stirpe foeminam procreatam ad Regni Consortium secum praepropere subli∣maret.

Thus this amorous King lost his honour, with many of his best and great friends: yet escaped well, that he had no more real and present feeling of the errour; being the first King of Eng∣land that ever mingled his Royal Blood and Majestie in the Alli∣ance of so private and mean a family.

The Story of Arragon mentions a King deposed for marrying the daughter of his subject. And King Edward was somewhat ••••er it: for soon after, he was expulsed his Kingdom. But be∣ing a man that kept an industrious and invincible Courage above his troubles, he happily recovered that losse, never his honour and friends, which he might have preserved, and prevented all those ••alamities that overtook him in his issue, by the advice of the Dutchesse his mother, who upon the secret advertisement of his love to this Lady Gray, used all the perswasions and authori∣ty of a mother, to return him to the Lady Elianor Talbot his for∣me•• love and wife (at least his contracted) to finish and con∣summate what he was bound to, by publike Solemnity of Marri∣age; and prest it with such ingenious engagements, that for the Arguments sake, I have transcribed the passage out of Sir Thomas Moor and the rest of our English Writers. Thus she disswades him.

MY Liege Lord, and my dear Son, It is very commonly reported* 1.7 you are purposed to marry the Lady Gray, a widow, and a mean Gentlewoman; which you cannot but conceive will redound to your disparagement and dishonour; all the wise, great and noblest per∣sons of your Kingdom, thinking it far more to the advantage of your Honour, profit and Safety, to seek the Alliance of a Noble Proge∣ny, and rather in a forraign Countrey then your own, as well in regard thereupon may depend great strength to your Estate, and great possi∣bility to enlarge your possessions by such Affinity. Also (if well con∣sidered) you may not safely marry any other then the Lady Bona, the Earl of Warwick having proceeded so far in the Current of that Match already, that it is likely he will not sit down contented, if his troublesome and costly negotiation should be so slightly blown off and frustrat••d.

Besides (Sir) consider it is not Princely for a King to marry his own Subject, (at least no great and important occasion leading him thereunto, nor possessions or other commodity depending thereupon) but will be lesse tolerable to all opinion, then if a rich man should marry his maid, onely for a little wanton dotage upon her person; in which kinde of Marriages, many men commend more the maids fortune, then the masters discretion. Yet there must needs be more honesty in such a Marriage, then can be honour in this which you af∣fect:

for the difference is not so great betwixt a rich Merchant and his servant, as you must think between the King and the widow Gray; in whose person (albeit there be nothing to be mistiked) there is nothing so excellent, but it may be found in divers other women, much more noble and many ways exceeding her, and more compara∣tively to your Estate (those also Virgins, who must be thought of a much more honourable estimation then widows;) wherefore the Widowhood onely of Elizabeth Gray (though in all other things she were convenient for you) were enough to restrain you, being a King, and so great a King.

And it must needs stick as a foul disparagement to the sacred Ma∣jestie of a Prince (who ought as nearly to approach the Priesthood in Purenesse and Cleannesse, as he doth in Dignity (to be defiled with Bi∣gamy, in his first Marriage.

Thus far the King could with attention hear the Dutchesse: But being extremly far gone in love, or rather in the hot passion of Love, he was resolute to marry her; and partly in earnest, and partly in play (as one that well wist he was out of the check of a mother) yet reverently thus replied.

MADAM,

ALthough Marriage, being a Spiritual thing, ought rather to be* 2.1 made according to the Will and Ordinance of Almighty God, where he by his grace inclineth, either parties to love mutually and ver∣tuously (as I hope and trust he doth work in ours) and not for the re∣gard of any temporal advantage: yet neverthelesse this Marriage (as it seemeth to me, being considered even after the worlds account) is not unprofitable, nor without fruits: for I reckon not the Alliance and Amity of any earthly Nation or forraign Prince so necessary for me, as the friendship and love of mine own Subjects; who, as I hope, will be the more induced to love me, and acknowledge mine to them, seeing I disdain not to marry one of my own Land. When (if a for∣raign Alliance were thought so requisite) I could finde the means of that much better by other of my kin (where all those parties would be content) but to marry myself to one whom I should (peradventure) never love, and for the possibility of more possessions, lose the fruit and pleasure of this which I have already: For small pleasure taketh a man of all he hath, or can have, if he be wived against his appe∣tite.

And I doubt not but there be (as you say, Madam) other wo∣men in every point comparable to the Lady Gray; therefore I lett not other men to wed them, no more then have they reason to mistike where it liketh me.

Nor doubt I my Cousin of Warwick's love can be so slightly setled to me, as to grudge at that which I affect; nor so unreasonable, to look that in my choice of a wife I should rather be ruled by his eye then

mine own, that were to make me a Ward, and binde me to marry by the appointment of a Guardian; with which servile and hard condi∣tion I would not be King.

As for the possibility you urge of more inheritance by new Affinity in strange Lands, that is not always certain; but contrariwise, it is oftentimes the occasion of more trouble then profit. Besides, we have already a Title and Seisine so good and great, as may suf∣fice to be gotten, and so to be kept, by one man, and in one mans days.

For your Objection that the Lady Gray hath been a wife, and is now a widow, and hath already Children: Why (by Gods blessed La∣dy) I that am a Batchelor have some Children too; and so, for our better comfort, there is proof that neither of us are like to be bar∣ren. And I trust in God (Madam) you shall live to see her bring forth a young Prince, and your pretty Son, that shall be a joy and pleasure to you.

For the Bigamy objected; let the Bishop lay it hardly in my way, when I come to take Orders of Priesthood: for I confesse, I understand Bigamy is forbidden to a Priest, but I never wist it yet forbidden to a Prince: Therefore I pray you, good Madam, trouble yourself and me no further in this matter.

Then she urged his Contract with the Lady Elizabeth Lucie, and his having had a childe by her, (as she said;) and thought her self bound in conscience to charge him with. Master Moor, Grafton, Stow and the rest, say, the King utterly denied that Con∣tract, and protested it a slander; which well and justly he might do, and these Authors may retract what they have written.

For the truth is, he was never contracted to her, though he lo∣ved her well, being of an affable and witty temper; nor did she ever alleadge the King was betrothed to her, but that he had en∣tangled her by sweet and tempting language; And who know∣eth not Credula res amor est? But true it is, he had a childe by her, which was the Bastard Arthur, called commonly (but undu∣ly) Arthur Plantagenet, afterward made Viscount Lisle, by H. 8.

In this Relation, the Historians have much and foully erred, not onely corrupting the story, but have injured the Dutchesse of York in her judgement and knowledge of these matters, and the tenour of her former Speech, making her to charge the King as contracted to this Elizabeth Lucy (of birth and quality much meaner then the Lady Gray, whom she conceived so basely of; for Elizabeth Lucy* 2.2 was the daughter of one Wyat of Southampton, a mean Gentle∣man (if he were one) and the wife of one Lucy, as mean a man as Wyat. True it is, the King kept her as his Concubine, and she was one of those most famous three who had peculiar Epithets, being called his Witty Leman.) For that they would have her say, the King was never betrothed to her, it importeth nothing, and there∣fore I conceive it was never extracted from her. But truely to salve the story, and errour of these Writers, we must know, That

Lady to whom the King was first betrothed and married, was Eli∣nor Talbot, daughter of a great Peer of this Realm, of a most no∣ble and illustrious Family, the Earl of Shrewsbury, who is also called in authentick Writings the Lady Butler, because she was then the widow of the Lord Butler (a Lady of a very eminent beauty, and answerable vertue) to whom the King was contract∣ed, married, and had a childe hy her. This is that Lady (not Elizabeth Lucy) the Queen spake of to her son; and (to note Obiter) the Kings breach with this Lady, was a cause the subtil widow would not listen unto him before Marriage, having learned, Credu∣litas damno solet esse puellae. This Marriage cast the Lady Elianor* 2.3 Butler into so perplext a Melancholy, that she spent her self in a solitary life ever after: and how she died, is not certainly known; but out of doubt kindnesse was not the cause, he having a heart for every new face, and was so become exceedingly fancied to his new wife the Lady Gray, no Court or pleasure now, but where she is. In this continuance of his amorous Indulgence (which was many yeers, and rendred a fruitful issue to him) no que∣stion that party of her kinred made their best advantage from it. Yet the remembrance of that Pre-contract after a time, moved him by such sensible apprehensions, he could not brook to have it mentioned, which was the cause of his displeasure against his ancient Chaplain Doctor Stillington of Bath, because he did what his conscience urged, to God and the Kingdom, in dis∣covering the Marriage, occasioned by the Ladies sudden indispo∣sition and pressing sorrow; who not able to contain her self, had open'd it to a Lady her sister, or (as some say) to her mother the Countesse of Shrewsbury; she to the Earl her husband; he consults it with his noblest kinsfolks and friends, as it was a general scandal to them all: they, to inform themselves the better, had conference with Dr. Stillington, who affirmed the Contract and Marriage: with whom they advise, that as he was a Bishop and a Privie Coun∣cellor, it behoved him to prepare it to the Kings consideration, for some redresse and satisfaction. But the Bishop (though willing) durst not deal with the King in that manner; ra∣ther wisht they would apply it to the Duke of Gloucester, as the man most inward with the King; whereof Philip de Comines thus* 2.4 writeth. Cestuy Euesque d'Bath, mit en avant ace Dux de Glouce∣ster, que le dit Roy Edouart estoit fort amoreux, d'un Dame, d'Angle∣terre, & luy promise de l'espouser pour veu qu'il couchat avec illa, ells s'y consentit: & dit ceste Euesque, qu'il les avoit Espouses, & n'y avoit que luy & eux deux.

The Duke of Gloucester, as they desired, prest it to the King, who became more incens'd against the Bishop, saying he had not onely betraid his trust, but his children; and upon that heat puts him from the Councel Table, under a strict imprisonment for a long time, which at length he redeemed himself from, by a heavy fine, as

is testified by Doctor Goodwin Bishop of Hereford, in his Catalogus* 2.5 Episcoporum, who writeth thus: Philip de Comines, le Roy Edw. de supposé l'Evesque, & le tient in prison, & le Ranson d'un bon summe d'Argent. Which was taken for a piece of more passion then justice; the Bishop not deserving so to suffer in this case, where his conscience might very well excuse what he did.

Not long after, King Edward died; of what disease, it is doubt∣fully* 2.6 suggested: Some thought, of an Apoplexy, or dead Palsie. Polidor Virgil saith, of a disease utterly unknown to all the Physi∣tians; which leaves it to a further construction. The Author of* 2.7 the History of Britain delivers plainly, that King Edward was kil∣led by poison (as the common report in France went.)

Aucuns disopent que le Roy de Angleterre Edovart, avoit estè Em∣poisonné au mois d'Aurill en l'an. 1463. And Euguerrant de Moustro∣let writeth, that some said he died of an Apoplexy: others, he was poisoned in Wine of Creu, which King Lewis the eleventh* 2.8 sent to him. Philip de Comines (to that purpose) says, Aucuns disent que le Roy Eduart, mourut d'un Catarhe. That is, Some say that King Edward died of a Catarhe: for that is their phrase in France, when a great man is made away by Poison. Of such a venemous Catarhe died the young King Edward the Sixth. But by whose hand King Edward the fourth had his death, it is not said. Certain it is, he was generally beloved of all his Subjects, except those of the Lancastrian faction. As soon as he was dead, the silence brake into a general muttering against his Marriage; then into loud and publike in veighing against it. All tongues were at li∣berty, and Pardons were hoped for all offences; the general and common opinion being quite against it, and the Children. And Doctor Morton affirmed, The Duke of Buckingham, with o∣ther* 2.9 noble Lords, saw and read certain authentick Instruments made and signed by learned Doctors, Proctors, and Notaries, with the Depositions of sundy credible persons, importing and testify∣ing the Children of Edward the fourth were Bastards: with which opinion the City of London was also possessed; and Doctor Shaw, Frier Pinke, and other Preachers in the Pulpits declared them Spuria vitulamina. To this consented all the people of the North parts in their Supplicatory Scroll before mentioned; which the Court of Parliament adjudged and decreed to be so. A fault of Improvidence in their Father, who might* 2.10 have prevented all quarrels and questions about that and fu∣ture claims, repaired all flaws and defects of Titles; also have taken away the errour and inconveniency of the post-Con∣tract, or later Marriage, that gave the imputation of Bastards to his Children; and so have avoided all the insuing mischiefs and calamities. If first he had procured a Divorce of the former Con∣tract with the Lady Elianor, from the Pope, who was then held to have all power both of heaven and earth.

Or if after the second Marriage (and while he flourished, which was by the space of Fourteen yeers) he had either by a due consideration, or counsel of his best friends, wrought the Popes Pardon for breach of the Pre-contract with the Lady Elia∣nor; then, his Apostolical Bull of Dispensation, for his Post-Con∣tract, or Matrimony superinducted (as they call it) which might easily have been obtained at Rome, for money. And after that, to have summoned a Parliament, requiring the three Estates to have ratified and confirmed these Bulls, for the approbation of the said Marriage with the Lady Gray, and the Legitimation of his Children, and made them lawful by Act of Parliament (accor∣ding to the Popes Indulgence (which was then a sacred and most inviolable thing.) Lastly, to have Declared, Pronounced and Decreed in Parliament, That the said Children of the King, be∣ing so made legitimate, were also capable of all Honours, Dig∣nities, Estates Publike and Private, of which the King stood seised, or which were any ways appertaining and proper to the Kingdom of England, and of France. I say, If he had done this, he had com∣posed all defects, and prevented all succeeding dangers of Claims and Practices, which might have been done with small or no trou∣ble. A course by another afterward opportunely thought on.

And surely (it may be conjectured) if this King had not been too secure, and lost in his sensualities, he would by the like Parli∣amentary power have rectified those errours, these great, high, and difficult works, being (indeed) proper to Parliaments, and pregnant and strong proofs of their great and transcendent pow∣er,* 2.11 holding in themselves a just desert and claim of such power and authority (if assembled and held as they ought) being a Ge∣neral Assembly and Convocation of the most wise, honourable, just, and religious persons of the Kingdom. Therefore the word Parliament (saith one) is compounded of Parium and lamentmm,* 2.12 because (as he thinketh) the Peers of the Countrey did at these Meetings complain each to other of the enormities of their Coun∣trey. But the better opinion is, That Parliament is simply from the French word parler (and that from the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, both signifying to speak) and so by adding the termination, ment (which is common in the French Tongue, as well to many Nouns as Adverbs) do make up Parliament; meaning thereby an As∣sembly of men called together to speak or confer, &c.

And it may not unfitly be called Parliament, for that each man should parler, lament, speak his minde. But Laurence Valla* 2.13 misliketh that Etymologie.

It may be ghessed the word Parliament (being transported out of France) began shortly after the Norman Conquest. One of the first authentical reports of that name, is found in the Statute 3 E. 1. commonly called Westminster Parliament; that Assembly being said to be Primier generall apres Coronament••le Roy. But that

is not the first word: for in the Statutes called Articuli Cleri, pub∣lished 9 E. 2, these words are read: Temporibus progenitorum no∣strorum quondam Regum Angliae Parliamentis suis, &c. Which words Progenitorum & quondam, must needs reach higher then E. 1. that was but father to him that spake it.

But at what time soever after the Conquest this Court began to be called a Parliament, the same was before known to the Sa∣xons or Englishmen, by the word Sinoth, and Micell Sinoth, of the Greek 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, now appropriated to Ecclesiastical meetings onely; and sometimes by these terms, Micell, Gemote, Witengemott, and Calca Witengemott; that is, the meeting of wisemen, or of all the wisemen: for witona signifieth wisemen, Calca, all, and Ge∣mott, a meeting: of which last words the names Shire-motts, Eol∣motts, and Halymotts; that is, the meeting or assembling of the men of a Shire, of a Town, and of the Tenants of a Hall or Man∣nor, had their beginning also.

Now as Sinoth is more used in the Parliaments themselves; so Gemott is more familiar to the Historians.

And this Parliament of Anno 1 Rich. 3. could be of no lesse power and vertue; witnesse the many and good Laws made in it, (albeit the second Marriage of King Edward was adjudged unlaw∣ful, and the Acts of that Parliament for the most part repealed and abrogated afterward) yet the evidence is clear enough, that the Judges and Law-makers of that Parliament, were wise and re∣ligious men, and their Laws upright and just.

Therefore whatsoever was adjudged by them, was to be recei∣ved and held as authentick and inviolable (how roughly soever it was afterward handled.) And in this case of the disabling of King Edwards sons, there is least reason to suspect them, the cause being so new, so plain, and notoriously known, that no man could be ignorant therein: Therefore to have given any other Judgement, but according to the truth of evidence, and certainty of knowledge, it might justly have been censured an act of errour and ignorance, or partiality and injustice.

For it was not the opinion of a few, nor raised out of a weak judgement and perverted knowledge; but a strong and general evidence, by the ablest and best knowing.

If it be objected, The case was obscure and doubtful: That cannot be; for the Estates had all substantial and ready means to inform themselves of the truth, and every circumstance whereby they might be fully satisfied and cleared in all the niceties and doubts: for all the witnesses and dealers in that cause, and such persons as were acquainted with it, were then living; and they must and would have truely and certainly informed the Court of Parliament: For the special and reverend care of this Court is, The advancing of Justice and Right. Therefore all Subjects (by nature or grace) are bound in their Allegeance, to give pious

and religious credit to Parliaments, and to believe in their Au∣thority and Power, as the former times did in Oracles. We must also confidently hold the high and transcendent quality and ver∣tue of that Court, to have all power and authority: And no que∣stion to repeal a good and just Law made in Parliament, is a wrong and scandal to that General Councel, and to the universal wisedom, providence, justice and piety of the Kingdom.

In the Parliament 1 H. 7. there is an Act, attainting the King R. 3. of high Treason, for bearing Arms against the Earl of Rich∣mond, intituled The Soveraign Lord (this was at his proceeding from Milford-haven into Leicester:) But when he came to fight the Battel, he was then no King, nor Soveraign, but a Chief of such as made head against their Soveraign. In which Paragraph there appears three grosse faults.

First, Certain it is, Richard during his Raign was a Soveraign, therefore no Subject.

Next, there was no enemy in the field who was then a Sove∣raign, but all liege Subjects to the Crown.

And Richard being the King and Soveraign, could not be ad∣judged a Traitor, nor lawfully attainted of High Treason. Then let it be considered whether a person of sacred Majestie (that is, an Anointed Soveraign) may commit the Crime of Trea∣son. Also in this Parliament, all the Barons, Knights and Gen∣tlemen that bore Arms in the field for the King, were attainted of Treason, their goods and lands confiscate: and one Thomas Nan dick•• (a Necromancer and Sorcerer, who with others had been condemned to die, for using that hellish Art) was in this Parlia∣ment pardoned the horrible things he had committed. And it seemed he had not then left his black trade: for he hath in that Act of Parliament still the style of Conjurer: viz.

Thomas Nandick of Cambridge, Conjurer: which had been a fitter style for his Gibbet then his Pardon; although he had not by his Sorcery or Inchantment hurt or destroyed any humane, yet for his renouncing and abjuration of Almighty God: for it is the opinion of a learned and religious Doctor:

Magos & Incantores (saith he) hominum genus indignum, quod vel ob solam Dei, O. M. abjurationem capitali suplicio afficiatur.

Other such things there be in that Parliament, which detract it in the opinion of some; those of the best and wisest repute.

Now let us come to examine that Treaty the King had about* 2.14 marrying the Lady Plantagenet; which is censured to be a thing not onely detestable, but much more cruel and abominable to be put in agitation.

• Item, That all men, and the Maid her self most of all▪ detested this unlawful Copulation.
• Item, That he made away the Queen his wife, to make way for

• this Marriage; and that he propounded not the Treaty of Marriage, until the Queen his wife was dead.

That there was such a motion for the marriage of this Lady to the King, is true; and (which is more, and most certain) it was entertained, and well liked by the King and his friends, a good while; also by the Lady Elizabeth, and by the Queen her mother; who received it with so much content and liking, that presently she sent into France for her son the Marquesse of Dorset, that was there with the Earl of Richmond, earnestly solliciting him to renounce the Faction, and return home to the Kings favour and advancement, which she assured him: and sends the Lady Elizabeth to attend the Queen at Court, or to place her more in the eye, so in the heart of the King. The Christmas following (which was kept in Westminster-Hall) for the better colour of sending her eldest daughter, she sends her other four thither, who were received with all honourable courtesie by the King and Queen Regent; especially the Lady Elizabeth was ranked most* 2.15 familiarly in the Queens favour, and with as little distinction as Sisters. But society, nor all the Pomp and Festivity of those times, could cure that sad wound and languor in the Queens brest, which the death of her onely son had left. The addresse of those Ladies to Court (albeit the feigned wooing of the King was in a politick and close way) gave cause of suspition to the Earl of Richmonds intelligencing friends, that the King had a purpose to marry the Lady Elizabeth; which must prevent the Earl both of his hope to her, and to the Crown by her Title: a clause that made them mutter very broadly against it (for indeed, what more concern'd them?) therefore the King treats it more privately and coldly; but the Queen-widow and the Lady stood constant in their desires and expectation; onely the Objection was, The King had a wife; as though he could not marry ano∣ther whilst she lived; not remembring how usual it was, not onely for Kings, but private men to put away one wife and mar∣ry another, for venial crimes, as well as Adultery and Trea∣son.

The Romanes might repudiate their wives, for conversing with men that were not of their l••inred, and for going to see Playes and Cirque Spectacles (their husbands not being with them) or if the wife were unquiet or curst of her tongue, &c. Henry the Eighth put away Queen Katharine of Castile, and Queen Anne of Cleve; the one, because she was too old and cold for pleasure; the other, because she was not fruitful or wanton enough. Sometimes men have put away their wives for being Sluts, for having unsavoury breaths, or some infectious disease, without a necessity of taking away their lives; and it was lawful for either of them to marry when they would.

Pope Clement the Seventh so ratified the Divorce of King Hen∣ry the Eighth against Katherine of Castile, as he defied all Laws (Divine and Humane) that should contradict and impugn his Power and Dispensation, in these words:

Non obstante Iure Divino nec Humano, nec quibuscunque Consti∣tutionibus* 2.16 repugnantibus, aut in contrarium Edictis.

Ther was a formal Bill or Libel of Separation prescribed by Moses, with the manner of Divorces and Repudiations, in this tenour, as Andreas Osiander (who translated it out of Hebrew* 2.17 into Latin) affirmeth: which for the rarity I have here tran∣scribed.

Die tertia Hebdomadis, 29 die mensis Octobris, Anno ab orbe condito, 4349.

EGo Ioachim cognominatus N. filius Nathanis, qui consisto hodie in urbe N. in Regno N. Te. N. uxorem meam, cognominatam N. filiam N. quae fuisti uxor mea ante hac nunc demisi, & liberavi, & repudiavi te tibi, ut sis tui juris & domina animae tuae, & ad ab∣eundum, ut ducaris abs quolibet viro, quem volueris, & ne vir quis∣quam prohibeat, quo minus sis in manu tua, ito hoc die & in aeter∣num. Et ecce, permissa es unicuique viro, & hic esto tibi a me datus Libellus repudii, & Epistola dimissoria, & Instrumentum li∣bertatis juxta Legem Mosis & Israelis.

But the Answer which was made in the name of the King to the Lady Elizabeth concerning his Queen, was, That she could be no impediment of long continuance, being a very weak woman in a Consumption, and past hopes of recovery; her Physitians giving their opinions, she could not live past the middle of Fe∣bruary next following: nor ghessed they much amisse; for the died in the next month, March. When the midst and last of February was past, the Lady Elizabeth being more impatient and jealous of the successe then every one knew or conceived, writes* 3.1 a Letter to the Duke of Norfolk, intimating first, that he was the man in whom she most affied, in respect of that love her Father had ever bore him, &c. Then she congratulates his many cour∣tesies, in continuance of which, she desires him to be a mediator for her to the King, in the behalf of the Marriage propounded between them, who, as she wrote, was her onely joy and maker in this world, and that she was his in heart and thought: with∣all insinuating, that the better part of February was past, and that she feared the Queen would never die.

All these be her own words, written with her own hand; and this is the sum of her Letter, which remains in the Autograph, or Original Draft, under her own hand, in the magnificent Cabinet of Thomas Earl of Arundel and Surrey: by which it may be ob∣served,

that this young Lady was ignorant that a man having a* 3.2 wife living, might marry another, and suffer her to live. But the truth is, the King had no real intent to make her his wife, from the beginning; onely in policy entertained this Treaty, as it ap∣peared afterward, when his Queen was dead, and he had all fit accesses without any impediment to marry her, yet did not; pro∣fessing he wooed her not to that end, but for some other causes; and made Protestation (in the great Hall at Saint Iones neer Smithfield, before all the Knights of Malta, and a great Assembly of Noble-men; the Lord Maior, Aldermen, and many Citizens being present) that he had no purpose nor intent to marry the Lady Elizabeth: avowing, Quodeares (viz.) Voluntas contra∣hendi* 3.3 Matrimonium: cum Consanguinea Germana sua nunquam ••i venerat in mentem: for so it is testified by the Prior of Croyland. Yet it may not be denied, he pretended love to her, and a proffer of Marriage; which he projected in policy, to divert her affecti∣on from Richmond (whose party the King apprehended private∣ly wrought that way; of which the said Author thus saith, Non* 3.4 aliter videbat Richardus Rex regnum sibi confirmari, neque spem competitoris sui aufferri posse, nisi in Matrimonio, cum dicta Eliza∣beth, contrahendo vel simulando. And it is most likely the King had no other aim but meerly of Prevention: neither was there any cause (had he been so wicked) to do it by blood, nor any* 3.5 just reason to frame so hard an argument against him, being al∣ways so affectionately inclined to his wife, that he was rather thought uxorious then otherwise; which appeared unfeignedly at her death, in the expression of sorrow and magnificent Exe∣quies for her. Non eum immorte honore quam Reginam dicunt, as* 3.6 the Prior of Croyland testifieth. Let us look therefore with clear∣er consideration upon the motion or pretence of this Marriage: to call it detestable and cruel, is ignorant and malicious (though she were so neer of kin to him) for Marriages between Uncles and Neeces, have been very frequent and allowed in other Coun∣treys by the Church. In our time, the daughter and heir of Duke Infantasgo in Spain, was married to his brother Don Alde Mendo∣za: and more lately, the Earl of Miranda married his brothers daughter.

In the House of Austria, Marriages in this kinde have been very usual, and thought lawful, the Pope dispensing with them: for they say in Spain, Que el padre santo quiere Dios loquire: There∣fore how could it be so highly unlawful in King Richard? Or if his intents had been so forward, where was the Bar, when his wife was dead, and he absolute, unlesse the Ladies aversenesse? But that suggestion is answered by her own Letter, and other te∣stimonies. So the Account will be (if rightly summed by what hath been produced) that he had never any serious determination of Marriage; onely took the advantage of his gain, by looking into

her hand; then no cause to make away his Queen; which his accu∣sers themselves directly and peremptorily charge him not with;* 3.7 but doubtfully say, The Queen (however it fortuned) departed out of this life the 16 of March, in the Lent season. But although he had the commendations of a loving and indulgent husband, I say not he lived always continently; for I finde he had some ba∣stards, two of them I have mentioned: yet peradventure he might have them before his Marriage, and then the fault was lesse. So then, let them that affect not blinde and traditory opinion, more then justice and reason, but equally examine his slanders, they shall finde, Malice and ignorance have been the Kings great∣est accusers, which can onely lay Suspition to his charge: and* 3.8 Suspition in Law is no more guilt then Imagination: for, though Suspition many times lay a great blame upon a man (men holding him to be guilty whom men suspect to be so, though injuriously) yet the Law holds it not a Crime, because Suspition many times supposeth those to be culpable which are not: for an Instrument may as easily be condemned, as a Malefactor, being an evil grown from the errour of men. Wherefore Suspition of it self bring∣eth no sentence by Law Natural or Moral, Civil or Divine, accor∣ding to that of the old Minographus, Suspitio grave est hominibus malum. And the Divine Chrysostome saith, A good man hardly sus∣pecteth another to be evil; but an evil man scarcely supposeth any to be good; far from the counsel of this Epigram.

Culparem quoquam, quae non sunt nota malignum est; Presertim si quam cognita sint bona sunt. Non pateant faciles duris rumoribus aures Quae nescire juvat, credere non libeat. Linquantur secreta Deo, qui quicquid opertum est Inspicit, & nullis indiget indicibus.

Accuse no man of faults to thee unknown, And much lesse him from whom good fruits have grown: Lend not thine ears to scandalous reports; Believe not that, which known, nought thee imports. Leave secret things to God, who knows all hearts, And hath no need of the Promoters arts.* 3.9

But as Iulius Caesar (who had many excellent Observations) was wont to say, Vir bonus tam suspicione quam crimine carere oportet: That a good man must be as well without suspition as crime. Yet none so innocent, but may fall under the lash of the malicious; for such, like the Polypus, will take any colour, or make any tin∣cture of a Crime, to serve their ends. Of such a vertue is the ne∣ver-understanding Vulgar, that like Kytes and Daws can digest nought but stench and filth; their Ignorance being their Faith, and that drawn from loose Pamphlets, and the vomits of merci∣nary and mimick pens; to which, and their uncurable fits, I leave them.

Explicit Liber quartus.

Notes

• * 1.1

  How extreme his desires' were, you may see in the Speech of the Duke of Buc∣kingham, set down by Sir Thomas Moor.
• * 1.2

  Philip de Co∣mines, in Lud. 11. cap. 112. & 122.
• * 1.3

  The great Earl of Warwick.
• * 1.4

  The Lady Bo na was after∣ward married to Iohn Galea∣zo Sforza, Duke of Mil∣lain el Rue∣se••r.
• * 1.5

  This Marriage was in the For∣rest of Which∣wood.
• * 1.6

  L'indignete de ce Marriage du Roy Edw. avec un simple gentile femme, displaisant au Conte War∣wick, & aux principaux Sei∣gneurs de Ang∣leterre, & of∣fensa tellement le Roy Lewis 11. qu'ils font confede∣racon, contre le Roy Eduatt, &c. Jean de Tillet, Part 2.
• * 1.7

  The Speech of the Dutchesse of York, to King Edw. 4.
• * 2.1

  The Answer of King E. 4. to the Dutchesse of York his mother.
• * 2.2

  Elizabeth Lu∣cy.
• * 2.3

  Ovid.
• * 2.4

  Philip de Co∣mines.
• * 2.5

  1620
• * 2.6

  How King Ed∣ward died.
• * 2.7

  Lib. 4. in Hist. de Britaigne.
• * 2.8

  Moustrolet, part 3. de ce Chron.
• * 2.9

  Doctor Morton. Sir Tho. Moore, Grafton, Hol∣linshead, Stow.
• * 2.10

  How King Ed∣ward might have prevent∣ed all after∣questions.
• * 2.11

  The Authority of Parliament.
• * 2.12

  Parliament, how so called and derived.
• * 2.13

  Lawrence Valla.
• * 2.14

  The Treaty of Marriage be∣tween K. R. 3. and his Neece the Lady Eli∣zabeth Plan∣tagenet.
• * 2.15

  Chronicle Croyland.
• * 2.16

  Bulla Papae Clementis 5. apud D. Ro. Cotton.
• * 2.17

  Osiander in Annotation. in 4 Evang. Har∣mon. Evang.
• * 3.1

  The credit of the Duke of Norfolk with King Richard, and with the lady Eliza∣beth; and her Letter to him.
• * 3.2

  The Cabinet of the Earl of A∣rundel, now Earl of Surrey too.
• * 3.3

  Chronicle of Croyland.
• * 3.4

  Chronicle of Croyland.
• * 3.5

  The Queen di∣ed 11 March, 1484.
• * 3.6

  Prior of Croy∣land.
• * 3.7

  Sir Tho. Moor. Hollinshead.
• * 3.8

  Suspitio est opinio mali ex▪ levibus signis. B. Th. Aquinas. Suspitio est a∣ctus per quem in dubitatio∣nem trahimur.
• * 3.9

  Meos tam sus∣picione quam crimine judico carere oporte∣re. Suet. in vitâ J. Gaes.