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decide this new Query, was, fully to underftand the mean-
ing of the Salic Law, concerning which there was reafon,
as I have fhown, to doubt, whether it ever exifted. But
fuppofing its exiftence, the Queftion was to be decided,
either according to the Paragraph of the Salic Code, De
Terra vero Salica, &c. which gave no light into the
point in hand , or according to the inviolable cuftom
obferved in France for nine hundred years, though there
had never been occafion to put it in practice. Upon
which ever of thefe two foundations a Man grounded a
Judgment , he could not but meet great difficulties.
Could he fay, that by the Paragraph De Terra Salica, it
was plain, the Male-Iflue of the Daughters, weie to be
excluded from the Succeflion to the Crown ? Was it
evident that this Law, fo long difufed, with refpeci to the
Salic Lands, and the Eftates of the Nobles, had preferved
its full force with regard to the Crown ? On the o-
ther hand, if a Man grounded his Judgment upon Cuf-
tom, what method could he take to know, whether it
was the intent of the firft Eftablifhers, whoever they
were, to exclude from the Succeflion the Male-Heirs of
the Daughters, as well as the Daughters themfelves* He
could have no Precedents or Examples to dirtcl him,
fince the fame cafe had never happened. It is therefore
rafhnefs, in my opinion, abfolutely to decide now againft
either of the two contending Princes, and more fo, pe-
remptorily to pronounce the Pretenfions of either to be
extravagant. This is the more unjuft, as they both fup-
ported their Claims by very fpecious reafons, the fub-

ftance



45 2



The BISTORT of ENGLAND.



Vol. I.



ftance whereof I am going to relate ; if fo be, that
part of thefe Realbns have not fince been fathered upon
them.

Edward maintained, that what had hitherto been de-
cided concerning the Salic Law, regarded only the Per-
lbns of the Daughters, and could not be extended to their
Male- 'flue , without proving it to be the intent of the
Law. But this was impomble, confidering the time be-
tween its eftablifhment, and the fir ft occalion of putting it
in practice. Th.it indeed, the exclufion of the Daughters
was built on very plaufible reafons, taken from the weak-
nefs of their Sex, and the temper of the French Na-
tion, which would never venture to be governed by a
Woman ; but that thefe reafons could not be alledged a-
gainft their Sons. That formerly, among the Ojhogolhs
of Italy, who obferved the fame Cuftom, there was a like
inflance, which plainly fhowed, that the exclufion of the
Daughters might fubhft without that of their Male-Heirs.
That after the death of Theodoric, Amalaxonta, his Daugh-
ter, did not fucceed him, becaufe fhe was a Woman ;
however, that did not hinder Athalaric her Son, I hough
an Infant, from being placed on the Throne of his Grand-
father (i). He farther added, that the S«/iV Law was an
extraordinary Law, contrjry to the Law civil and natu-
ral, for which reafon it was to be confined within juft
bounds, rather than extended, as if the Women of the
Royal Family were to be punifhed for fome great crime,
which defervedly drew down vengeance on all their Fof-
terity. If the French believed Women unworthy, or un-
fit to govern them, with all his heart, he pretended not
to oppofe that Law. But what had the Princcffes of the
Blood done to deferve, that all their Pofterity fhould fuffer
a punifbment, from which the Daughters of the Peers,
and the other great Men of France were exempted, as well
as their Defcendants ? Finally, in explaining the Salic
Law, fo as to deprive the Male-Iffue of the Women of
a natural Right, was to make a new Law, under colour
of interpreting the old.

Philip replied, that Edward acknowledging the Autho-
rity of the Salic Law, was much miftaken in confining
the intent of that Law, to the hindering the Kingdom of
France from being governed by a Woman. That there
was another and no lefs effential end, namely, to prevent
the Crown from devolving to Foreigners. That the
French Nation had willingly fubmitted to Hugh Capet and
his Houfe, but never meant to fubjecl themfelves to other
Families ; and to receive a foreign King, a new contrail
was neceflary (2). That the intent of the French ma-
nifeftly appeared, in their not confidering the Defcendants
of the Princeffes of the Blood, as prefumptive Heirs of the
Crown (3). Confequently, it was not indifferently the
next Male-Heir which was to fucceed, but the next dc-
fcendeJ from Father to Son from Hugh Capet.

It is a ftrange thing, that among fo many Authors who
have writ of this famous Conteft, not one, at lealt that I
know of, except Father Daniel, rightly underftood the
ftate of the Queftion between the two Kings. They have
all amufed themfelves with combating Chimeras, and
making the Parties alledge Arguments nothing at all to



the purpofe, and fometimes even contrary to their real in-
tereits. Some make Philip urge very ftrong reafons againft
the right of Reprefentation, which it is certain Edward
never meant to ufe. Others alledge for Edward trie molt
plaufible arguments againft the Salic Law, though it was
evidenjly his intereft to fupport it. And therefore I am apt
to believe, the H.irangue Paulus/Emilius puts into the mouth
of Robert d'ArUis, in defence of Philip':, Ri^ht, is a mere
invention of the Hiltorian ; fince the Urator doth not con-
fine himfHf 10 the true cafe, though in all appearance, Ro-
bert d'Ai/ois was not ignorant of the ftate of the Contro-
verfy. Paj'qnier, though a great Civilian, and well verfed
in the Hiftojy of France, and in fhort, all the Writers, as
well Englijk as French, are guilty of the fame error. As
for Father Daniel, after truly ftating the cafe, and briefly
relating the reafons of Philip dcValois, without giving his
own opinion, he makes Ediuard's pretenfions to be confide-
red, in the courfe of his Hiltory, as chimerical (4).

This cafe was never decided as to the Crown, but only
with regard to the Regency. It cannot be denied, that
in this judgment Philip had a great advantage, for the
Judges were all his Relations and Friends, and the Per-
fon who difputed the Regency with him, a Minor and
Foreigner. Philip took for granted afterwards, in imitati-
on of Philip le Long, that the fame judgment which ad-
judged him the Regency, gave him a Right to be crowned,
and by that the queftion was really decided. He was fo
prejudiced in favour of his own right, that he commanded
the Hands and Feet of a Burgher of Compiegne to be cut
off, for maintaining, that Ediuard's Title was better
than his. One cannot fay wnat the IfTue would have been,
if the decifion of the affair had been referred to the States
of the Realm, as it was the opinion of feveral, who be-
lieved That to be the only means of folidly eftablifhing
Philip's Right. All that can be affirmed is, that the
eftablifhment of the Salic Law in favour of Philip le Long,
and its confirmation by the advancement of Charles the
Fair to the Throne, could not have prejudiced Edward.
The fole bufinefs was , either to limit the Salic Law
to the Perfons of the Daughters, or to extend it to all
their Pofterity, and this is what had never before been
decided.

My dcfign in what I have faid, as well concerning the
Salic Law, as the Conteft between the two Kings, was,

I. To re&ify molt People's notion concerning this Law.

II. To fhow precifely wherein confifted the Difpute be-
tween the two Competitors. III. That this affair had
its difficulties, and was not eafily to be determined by
Law. IV. Laftly, That the two Kings had each very
plaufible reafons, and confequently it was a juft matter of
Procefs. And this is what I could not do in the Body of
the Hiftory, without making too long a digreflion. As
the War occasioned by this quarrel was very lafting, and
renewed by feveral of Edward's Succeffors, I thought it
would not be unacceptable to the Reader, to know the ori-
gin and foundation thereof. Nay, this quarrel may be faid
not to be yet ended, fince from the time of Edward III,
the Kings of England have ail along born, and ftill do
bear the Title of Kings of France.



(1) There ire f.me Writers, who not knowing that the Difpute between Philip and Edward, was not about the Exclufion of the Women but of the : t
Male Iffue, have alledged this Example in favour of Pbiltp de Vakis. Rapin.

(2) It would perhaps be pretty difficult to prove this Engagement of the Frtncb Nation with the Family of Ha?h Cap,!. The AfTbciation practifed by the
firft Kings of the third Race, feems to argue, that they did net much rely on this pretended Engagement, of whicii Father Daniel contents hmf-lf with fav
ing, that it is very likely. Rapm. " '

(3) I queftion whether this can be affirmed with certainty, with refpedt to the Time before the Reign of Philip It Lonr. At leaft it is ve,v dm.hffi.l
with regard to the lecond Race. Rapm. * ' - """"""">

(4) It is certain, that Rapm, in affcrting, that all the French and Englijb Authors underftood not the State of the Queftion between the two Kines was
miftaken. For ot the French, Vctct, in his D.lTertation on the Salic Law, ( which Rapm, it is plain, never faw ) ftates ihe Cale exa^;lv as he does' So
do likcwife Bcdin, Du Haitian, Mmtrti, and Le Ccndre. So alfo the famous Puffindorf ; and of our HilWians, Martin, Tyrrtl &c It null indeed 'be
owned, that fome, after truly ftating the Cale, in ether Places alledge Arguments againft the Salic Law, which entirely deftroy Ed-ward's Pretenfions Of
th,s Father Dame/ is a famous Inflance. For after he had already laid, " That the Sal,c Law was allowed on both fides : namelv that the Daughters
" could not lucceed to the Crown, and therefore the Queen of England, though the late King's Sifter, could not pretend to it : But the EnrliA Lawyers
' ™»">ta.ned, the next Perfnn, where this defeft of Sex was not found, ought, b, neamcls of Mood, to fucceed, and upon this Title Ed-ward founded I hi.

Pretenfions. I fay, after thus truly ftating the Cafe, he lays, In his DilTertation on the Antiquity and Author of the Salic Law •< If the Englifi, had




.12. R I C HAR D II.



Book X.



12. RICHARD. IJ.



4.5.



12. R IC HA RD II. Sirnamed of Bour-

D E A U X.



'.3 77-

*T'i feared

Richard'*

Xffteietivould

difpute the

Crown ivitb felf had
tor. t h e



E



DWARD III, having finifhed his glorious Life, and throwing his Gantlet on the ground, challenged ail

it was naturally Richard his Grandfon that was Perfons, who fhould difpute the King's Title to the Crown,

to afcend the Throne, as reprefenting the late Prince The original of this Cuftom, which is ftill preferved, is

of Wales his Father. But though Edward him- unknown, but it is certainly of an older date than the Co-

fo ordered it, many People were apprehenfive, ronation of Richard II, fince Sir John Dimmock, who

execution of his lad Will would meet with great performed then the office of Champion, was admitted to

Rtapmifit. obftacles. Richard had three Uncles who might difpute it by virtue of a Right annexed to a Manor, held by him

the Crown with him, and fupport the pretenfion if they in Lincolnjhlre (z).

would have urged it, with plaufible and illufory reafons. Immediately after the Solemr.itv, the young King created Sn r l n,

The young Prince could claim the Crown only by right Thomas of WoodJ/ock his Uncle Karl of Buckingham (3), mn eonfa.

of Reprefentation, of which there had been no precedent, and Guifchard d'Augouleme, his Governor, Earl of Hun- '"*•

at leaft with refpedt to the Crown, fince the Norman tington (4) ; at the fame time conferring the Title of Ao"pub.

Conqueft. However lawful this Right might be with Earl of Nottingham upon John de Mowbray, and that ofvil. p. 16c.

regard to private Perfons, by the general difpofition of the Earl of Northumberland upon Henry Percy, who was alfo

Laws, it did not neceffarily follow that it was incontefta- Earh-Marfhal (5).



R-chnJ
crmemd.
Act tub.
Vil. p.n
Walling.

The King'
Cbamphn.
Walfing.



ble concerning the Crown. In France, for example, the
fucceifion of the Kingdom was not regulated by the Laws
of private Eftates. In Spain, the Kings, who for a Cen-
tury had been poiTeffed of the Crown of Cajiile, were



Edward's Truce with France was expired fince April N-rttau
the jft, without the leaft preparation bv the Englijh tooftbtta.
renew the War. Whether the late King's illnefs occafio- f^ f "J°
ned this negligence, or it was prepofteroufly imagined,
defended from a Prince that obtained it in prejudice of that France, fatisfied with the great advantages flic had
his Nephews, Sons of his eldeft Brother. Nay, a natural gained, would remain in quiet, there was in England a
Son was then in actual poffeiTion ; though among private furprifing fecurity in that refpecl (6). It was quite other-
Perfons, Baftards had no right to the Inheritance of their wife in France, where Charles V. was diligently preparing
Fathers. In Artois, the Aunt, by the Judgment of the to take advantage of the indolence of the Englilh. When Charles v
Peers of France, was preferred to the Nephew, who re- that Monarch was informed that Edward was no longer tr,ngtf-ve
prefented his P'ather. A quite contrary decifion of the able to a£r, he gave orders to levy Troops on all fides. A b rm '"',V
fame Court, with regard to Bretagne, had occafioned in So that when he heard of his death, he was ready to bring Froiflvt '
that Dukedom a War, which at length was ended to the five Armies into the Field. He fent the firft into Gui- «■ »• «■ 3*8.
advantage of the Uncle againft the Niece, and wherein tnne, to complete the expulfion of the Englijh out of that W Mm% '
Edward himfelf had maintained the Right of the former. Province ; the fecond into Auvergne ; the third into Bre-
tagne ; the fourth into Artois ; and the fifth he kept with
him, in order to aflift the reft in cafe of neceffity. Befides 72, French
thefe Armies, he had likewife equipped a ftrong Fleet, ravap the
which was ordered to infeft the Coalts of England. As £*«* "/ -
the Englijh were wholly unprepared, the French landed in ^"fi'nUg!
feveral Places, burnt Hajlings, Port/mouth, Dartmouth, Act. Pub.
Plymouth, and defeated fome Troops affembled by thep 1 !?-' 62 '
Prior of Lewes, to try to put a flop to their ravages. 1.™ ^3,3,
They were repulfed at Winchejler, but landed in the Ifle



This was fufficient to afford the Duke of Lancajler, the
eldeft of the three Brothers, a very plaufible pretence, if
he had intended to feize the Crown, as was fufpected by
the late Prince of Wales his Brother, the King his Father
himfelf, and all England. To this may be added, that
Richard's youth, who was but in his eleventh year, and
the expiration of the Truce with France, feemed to fur-
nifh the Duke with frefh reafons to demand the Crown,
which he was better able to defend than a Minor of eleven



years old. But on the other hand, though the Duke of of Wight, where they plundered all the Inhabitants, and
Lancajler fhould have had fuch a thought, he might after a fruitlefs attempt to take Carisbrook Caftle (7), retired
have been diverted from it by the confideration of the with their booty.



difpofition of the Englijh in favour of young Richard,
whom the memory of his illuftrious Father rendered ex-
tremely dear to them, and for whom the King his Grand-
father had defigned the Crown. Whether this confide-
ration prevented his Uncles from taking advantage of his
youth, or it was from a pure motive of moderation and
equity, far from intending to fupplant him, they were the
iirlt to do him homage. The Duke of Lancajler, who
was ftilcd in England King of Cajiile, fatisfied his am-
bition with governing the State during Richard's minority,
and the Princes his Brothers were no lefs inclined than
he, to perform their Father's laft Will. So all fears
vanifhing, Richard was crowned without oppofition, on the
1 6th of July, four and twenty days after the death of Ed-
7 ' ward ( 1 )

At this Coronation it is, that we meet with the firft
mention in Hiitory of a Champion, who appeared com-
pleatly armed in Wejlminjler-llall, where the King dined,



All this happened whilft the Englijh were employed in ihc Kmg'c
placing Richard on the Throne, as the moft urgent af- u " d " £ -
fair. Mean time, there was neither Fleet nor "Troops \"," l . '*'
provided to repulfe the enemies. As the King was not
of age to govern the State himfelf, the Duke of Lan-
cajler and the Earl of Cambridge his Uncles took the ad-
miniftration of affairs, till the meeting of the Parliament
in Otlobcr ; but ufed with great caution the authority
they had affumed, for fear of breeding prejudices againft
them, that might be detrimental to them in the approach-
ing Parliament. The Duke of Lancajler was not beloved;
he was accufed of abufing his power in the end of the
late Reign, and treating the Subjects a little too haughtily.
He had cfpecially incurred the ill-will of the Londoners,
by caufing them to be punifhed for the tumult raifed on
Wicklijfs account. Though fince the death of the King waifin.!.
his Father, he had been reconciled to the City (8), that
proceeding was confidered only as the effect of his Policy,



(!) As the C Tonation Oath wasfemewhat larger than that already mentioned by our Hiftorians, and becaufe this Form, with fame ftmll Alterati ns,
has been adminiftred to all lucce d-ng Kings and Queens ever iince, it may not be improper to infert it. " I. That he would permit the Church to en : oy
,( all her Liberties : That he would reverence h-r Minifters, and maintain the Truth. 11. That he would reftrain Violence and all Oppreflion, in all forts
" of Men : That he w< nil t.uile good Laws to be every where ubferved, efpecially thole or St. Edward, King and Confeffbr : And would alio caufe all
" evil Laws or CultV.ms to be abingatid. 111. That he would be no refpeaer of Perfns, but would give right Judgment between Man and Man, and
«' would chielly oblerve Mercy in all nis Decrees or Judgments, as G id fhculd ftlew Mercy to him." Then the Archb ihop led the King f the Lord-M.r-h?!
walking bet re him) to all the frur Sides cf the Scaftijld, ana fhewing the King to the People, declared the Purport of the Oath he had now taken, and
asked thena, If they would be fuljeft to this Prince as then- latofui Ruler, ar.d be obedient to his Commands ? This (i'eremony, though not mentioned berl re
in any of car Hiftorians, was no innovation, but feems to be a Remainder of the old Engtifh Cuftom of electing the King, as may be nbfervd by com-
paring the manner of the Coronation, and Election of King Edward the Ccnfejfor, and tlidiam I, with th s A:tion, and which has been cbferved evtr
lincc. 'ij'' ; J, Vol. 111. p. S;o. IValjing. p. 195.

(al The Manor of Scriiielby, in Right ot" Margaret his Wife, Daughter of Sir John Marmion.

(3) With a Penfion of a thoufand Marks. tValjmg. p. 197. The zzioi July, this fame Year, he was appointed High-Gonlbble of England. RymcSt
F*J- Tom. 7. p. 151.

(4) With the like Penfion. rVa'.fitg. p. 197.

(5) He performed the Oifice of Earl-.v1aruS..I, at the Coronation, by Writ from the King, faving to every one their Right, becaufe that Office was
claimed by Margaret, Heiicls cf 'Thomas Brotherton, Jate Earl of Norfolk, and Marina! of England.

(6) Otdeis were however given for ftcuring the Coalls of Ke't and El/ex. See Rymer'i Feed- Tom. 7. p 154, 1 5 5.

(7) Bravely defended by Sir Hugh Tyrrel, a Knight of EJex. IValjing. p. 199. lyrrel, p. S31. Upon account of thele Invafions, Orders were iffued oat
fir arming the Clergy. Rymer' s Feed. Tom. 7. p. 169.

(8) On the Day King Ed-ward died, the Citizens fent Deputies to Prince Richard, then at' Kingjion, at the Head of whom was John rbilpot, to ac-
knowledge Richard tor their lawful sovereign, and requelt that he Wtuld pleafe to honour tbem with his Prefence, and nearer Refd.'nce ; and lh:y fubmit-
. ng all Dift.rences between the Duke of Lancaftsr and them, to the young King, Matters were loon adjufted. IValjing. p. 193.

No. 23. Vol, 1, ^ Y anJ



* 5 4-



J 177-

People

■iL.m of

• •, Negli

,-.<r«.



The HISTORY of ENGLAND.



Vol. I.



The Scots
feixe Rox-
b'Tongh.
Wailing.



The Par !i j
wer.t of>-
poti-ti Kr>
gtnti.
Kor. Pari.
1 Ric. II.
M. i.&c-
W ailing.



Grants Mo-
ney to the
Kmg uf>- n
hard Condi
dons.
Cotton's
Ab.iHg.
Walfing.



Alice Pierce

ibamjhra*

Vaifiug.



Cotton, lb.



1378.

Vi tenet

commnt d by
the Duke of
Lancafter.
V. aifii g.
Aft. Pub.
VII. p.178,
179.



and it was feared, he would alTume his former haughti-
nefs if entrufted with the Adminiftration. As he knew
very well what people thought of him, he behaved very
circumfpecily, apprehenfive as he was of being excluded
from the Regency to which he afpired. But all his pre-
cautions were not capable to prevent the murmurs of the
People, already prejudiced againft him. The little care,
the two Princes took to guard the Coafts, was openly
complained of, without conlldering they had neither Fleet,
nor Troops, not Money, nor even any lawful authority
to raife extraordinary Forces. Another accident helped very
much to incenfe the people againft them. The Scats
having taken by furprize the Caftle of Roxborough, the
lofs was afcribed to the negligence of thofe, who governed
the Realm ( i ).

The Parliament's firft care, which met in Oilober (2),
was to fettle the Adminiftration of the Government -du-
ring the King's minority. For that purpofe, they ap-
pointed feveral Governors to the King, to take care of
his Education, and ordered that his three Uncles fhould
be Regents of the Kingdom ; but joined with them fome
Bifhops and Lay-Lords (3). This precaution was found-
ed on the danger of trufting the Perfon and Affairs of a
minor King , to the fole management of the neareft
Relations, who in their Adminiftration, might have felf-
interefted views. This was a great mortification to the
three Princes, and particularly to the Duke of Lancajler,
who had flattered himfelf with the hopes of being fole
Regent (4).

This affair being finifhed, the Parliament granted the
King a Subfidy (5), for the maintenance of the War ; but
it was clogged with this condition, ( which plainly fhow-
ed, they were refolved to be upon their guard during the
Minority, ) that the Money fhould be lodged in the
hands of Pbilpot and Walworth, two eminent Aldermen
of London, who were ordered to take care it fhould be
expended only in repulfing the French and Cajlilians in
league againft England. Moreover, it was declared, that
the Subfidy granted the King, fhould not be drawn into
a Precedent, but for the future, what fhould be necellary
for maintaining hi; Houfhold, and defraying the Charges
of the War, fhould be fupplied out of his ordinary Re-
venues. After this the Parliament admitted an accufati-
on againft Alice Pierce, Favorite of the late King, who
beine convicted of feveral Mifdemeanors (6), received a
Sentence, whereby all her Eftate was confiscated to the
King's ule, and herfelf condemned to banifhment. But
this Woman , who had an able and intriguing head,
quiody found means to be' recalled by the King, and re-
ftcred to her Eftate (7). Before the Parliament broke up,
Richard confirmed King John's two Charters, and gave
his ifient to feveral Acts, relating to the Contefts England
hud with the Court of Rome.

It was not without reafon, that the Duke of Lancofcr
was hindered from having the fole management of atiairs.
This Prince was of a proud and haughty Temper, which
fuffered him not to have much regard for his Inferiors,
particularly in affairs where his intereft was concerned.
Prefently after the breaking up of the Parliament, he gave
a proof of his violent Temper , by an action which
fhowed what he was capable of, if the whole power had
been lodged in his hands. As he had a claim to the
Kingdom of Coftile, he thought it might be of fome ad-
vantage to gain to his intereft the young Earl of Denia,
a Cajlilian Lord, then at London. The Father of this
young Earl, being taken at the battle of Najara by two
Englijh Knights, was brought into England, where he had
remained feveral years in the cuftody of thofe who took
him Prifoner. At length, by leaving his Son in Hoftage,



he obtained leave to return home, where he died before 1378.
his Ranfom was paid. The Duke of Lancajler hoping to
make friends in Cajfile by means of the young captive
Earl, fo managed it, that the King ordered the two
Knights to releafe him. But as there was no mention of
the ranfom, they concealed their Prifoner, and made him



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