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B00559 A treatise declaring, and confirming against all obiections the just title and right of the moste excellent and worthie prince, Iames the sixt, King of Scotland, to the succession of the croun of England. Whereunto is added a discourse shewing how necessarie it is for the realme of England, that he be in due time acknowledged and admitted to the succession of the kingdome. Philodikaios, Irenicus. 1599 (1599) STC 19881.5; ESTC S94721 21,845 46

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but rather great aduantage for that it would draw to it self the kingdome of Scotland as before it had done Normandie and Aquitaine with other prouinces the which answere gaue full satisfaction and contentment to the counsell The same answere also both in respect of the truth thereof and of the person that made it may justlie perswade vs that the admission of the King of Scotland to the croun is no wise vnlawfull or prejudiciall to the publique weale But besides all these reasons showing manifestlie that neither by anie maxime of the common Lawe nor by the wordes of the alledged statute nor yet by the practise and custome of our Realme an alien may bee repelled from succession to the kingdome when by right of blood it falleth to him there are other two reasons which in particular make for the King of Scotland The one reason is that Scottishmen are in our Chronicles accounted as subjectes by way of homage howsoeuer they denie it In respect whereof it seemeth that the auncient records making mention of seruice to be done within this Iland containe the frenche words Dens les quatre mers or the latine Infra quatuor maria within the foure seas in which bounds Scotland being within the North sea is comprised The other reason is that the former statute of king Edward the third is intituled Of them that are borne beyond the seas and that in the bodie of the same statute the doubt is mooued of children borne out of the alleageance of England beyond the seas whereby can not bee vnderstood Scotland it being a part of the same Iland By all which reasons the obiection of forraine birth is clearlie and sufficientlie auoided Wherefore I go on forward to the confutation of the pretended Testament of king Henrie the eight THE OBIECTION OF KING Henries pretended testament is confuted IN the 28 and 35. yeares of King Henries raigne vpon some doubt which then he himselfe seemed to haue about the order of succession in his owne children and for taking away all occasion of controuersie which after his death might arise thereupon the Parliament gaue authoritie to the king to debate and determine that matter himself wirh his learned counsell who best knew the lawes of the Realme titles that anie might haue to the croun and what succession he should declare as right lawful vnder his letters patents sealed or by his last will and testament lawfullie made and signed with his own hand that the same should be receaued for good and lawfull Vpon pretence whereof soone after the kings death there was shewed a will with the kings stamp at the same the names of diuerse witnesses wherin the succession of the croun after his own children was assigned to Ladie Frances and Ladie Eleonors successours who were neeces to the King by his youngest sister Which assignation being as it were a meere gift made to Frances and Eleonor in prejudice of his eldest sisters right was founde to bee against all law reason and nature and therefore not thought to proceed from so wise a Prince as king Henrie was but rather forged and the kings stamp set to by others either when he was past vnderstanding or after his death And heereof there want not most euident reasons and proofes First it is not credible that King Henrie would against lawe and justice disherite the line of his eldest sister and so giue occasion of ciuill and forrain wars especiallie seing in such a case of so apparent wrong in so great a matter hee might well fore-see that the authoritie of a Parliament would take little effect against the true lawfull inheritour as appeared not long before in Henrie the sixt Edward the fourth Richard the third In whose reignes diuerse and contrarie Parliaments made against the next inheritour held no longer with anie of them than while he was able to make his owne part good Secondlie there be manie incongruities and indignities in the said pretended will to proceed from such a Prince as King Henrie was For what can be more ridiculous than to giue the croune to Frances and Eleonors heires and not to themselues And yet by this Testament the sonne of Abraham Stokes who maried the same Frances after the death of her first husband the Marques of Dorset beeing but her owne seruant should haue claimed before her if he had had anie by her Of lyke absurditie is it that in the same Will the King is saide to binde his owne daughters to marie by direction of his counsell or otherwise to loose the benefite of succession whereas the daughters of his neeces Frances and Eleonor were not bound thereby to anie such conditioun Thirdlie there bee diuerse arguments alledged in law why this Will is not authenticall First for that it is not aggreable to the minde and meaning of the Parliament which intended onlie to giue authoritie for declaration of the true title and not for donation or intricating thereof Also for that there is no lawfull or authenticall copie extant of the same but onlie a bare inrolment in the Chancerie which is not sufficient in so waightie an affaire no witnesse of the priuie counsell or of the nobilitie to the same which could not haue wanted in so great a cause for the best of the witnesses therein named was Sir Iohn Gates whose miserable death is well knowne No publique notarie nor probation of the will before anie Bishop or anie lawfull court appointed for that purpose no examination of the witnesses or other things ordinarilie done for lawfull confirming of such a matter But of all other things this is of moste importance that the King neuer set his own hand to the foresaid Will but his stamp was set thereto by others either after his death or when hee was past remembrance which is confirmed by witnesses farre more worthie credite in respect of their degree and reputation than Sir Iohn Gates the others whose names were subscribed For first the Lord Paget in the beginning of Queene Maries daies being of her priuie counsell discouered the same of his owne accorde and vpon meere motion of conscience confessing before the whole counsell and after before the whole Parliament how that himself was priuie thervnto and partly also culpable being drawne thereto through the instigation forcible authoritie of others Also Sir Edward Montague Lord chief justice that had bene present and priuie to the same doings and one William Clerk that put the stamp to the paper confessed the whole premisses to be true Vpon which discouerie Queen Marie her counsel caused presentlie the said inrolment lying in the Chancerie to be cancelled defaced and abolished And since that time in hir Maiesties daies that now liueth about the 11. or 12. yeare of her reigne by occasiō of a certain book spred abroad at the same time verie secretlie for advancing of the house of Suffolke by pretence of this Testament the Duke of Norfolk the Marques of Winchester which