in the succession of the Croune For the Roial blood where so euer it be found will be taken as a pretious and singular Iewell and will carie with it his worthie estimation honour with the people and where it is dew his right withall Vide Anto CorsetuÌ„ de potest et excell regi q. 100. By the Ciuill lawe the right of the inheritance of priuate persones is hemmed and inched within the bandes of the tenth degre The Blood Roial runneth a farther race so farre as it may be found therfore the great mightie Conquerors are glad faine to ioyne in affinitie with the blood Roial OoÌ„querors glad to ioine vvith the royall blood Henry the first euer fearing the weaknes of their owne bloddie sworde in respect of the greate force and strength of the other For this cause was Henrie the firste called for his learning wisedome Beauclerke glad to consociate and couple him selfe with the auncient Roial blood of the Saxons whiche continueing in the Princely succession from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and reunited From this Edward my sayd souueraine ladie the Queene of Scotland taketh her noble auncient Pedegrue These then and diuers other reasons causes mo may be alleaged for the weighing setting foorth of the true meaning and intent of the said law Now in case these two causes and consideratioÌ„s will not satisfie the aduersaries we wil adioine there vnto an other whiche they shall neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward VVe stand vpon the interpretation of the common law recited and declared by the said statute L. fin ff de legibus how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the law is custome Common vse and practise the best interpretation of the lavve EodeÌ„ anno Rex cuÌ„ in diebus suis processisset AeldreduÌ„ VigornenseÌ„ EpiscopuÌ„ ad RegeÌ„ Hungariae transmittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota familia sua vt vel ipse ver filii eiê° sibi succederent in regnum Flor. histo 1057. But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and suche as were plainely borne out of the kinges allegeance The foresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other king Eduard the Confessour being destitute of a lawful Heire whithin the Realme sent into Hungary for Edward his Nephew surnamed Out law son to king EdmuÌ„d called Ironside after many yeres of his exile to returne into England to the intent the said Outlaw should inherite that Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the sayd king Edward his Vncle. After whose death the said king appointed Eadgar Adeling sonne of the said Outlaw being his next cosen to be his heire as he was of right to the Croune of England And for that the said Eadgar was but of yong and tender yeres and not able to take vpon him so great a gouernement the said king committed the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to welde the state of a king Flor. bislo 1066. Aelredus Regional leÌ„f de reg AngloruÌ„ ad Regem Henr. â— VVhich Harold neuerthelesse contrary to the trust supplanted the said yong Prince of the kingdome and put the Croune vpon his owne head By this it is apparent that foraine birth was not accoÌ„pted before the time of the Conquest to be a iust cause to repel and reiect any man beinge of the next proximitie in blood from the Title of the Croune And though the said king Edward the Confessors will and purpose tooke no suche force and effect King Stephen and King H. 2. as he desired and the lawe craued yet the like succession tooke place effectuouslye in king Stephen and king Henry the second as we haue already declared Neither will the Aduersaries shift of forainers borne of father and mother which be not of the kings allegeance The aduersaries fond imagination that H. 2. should come to the Croune by compositioÌ„ not by proximitie of blood Rex Stephanus omni haerede viduatus praeter soluÌ„ modo DuceÌ„ Henricum recognouit in conueÌ„tu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux Henr. ius haereditariuÌ„ iÌ„ regnuÌ„ Angliae habebat Et Dux benigne concessit vt Rex Stephanê° tota vita sua suuÌ„ RegnuÌ„ pacifice possideret Ita tamen confirmatuÌ„ est pactuÌ„ quod ipse Rex ipsi tunc praesentes cuÌ„ caeteris regni optimatibê° iurareÌ„t quod Dux Henr. post morteÌ„ Regis si illum superâ—iueret regnum sine aliqua coÌ„ntradictione obtineret Flor. histo An. 1153 The like fond imagination touching King Richardes nephevv Diuersitie of opinions touching the vncle nephue vvhetherof them ought to be preferred in the royall gouuernement help them forasmuche as this clause of the said statute is not to be applied to the kings children but to others as appeareth in the same statute And these two kings Stephen and Henrie the .2 as they were borne in a forain place so their fathers and mothers were not of the kings allegeance but mere Aliens and strangers And how notorious a vaine thing it is that the Aduersaries would perswade vs that the said King Henrie the second rather came in by force of a composition then by the proximitie and nearenes of blood I leaue it to euery man to consider that hath any maner of feling in the discours of the stories of that realm The composition did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right thereby than was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no children And no dout in case she had had any children by the Emperour they should haue ben heires by successioÌ„ to the Croune of England After whose death she retourned to her father yet did king Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and afrer her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat
of her this Henry the second being in FraÌ„ce VVhervpon the said king did reuiue and renue the like othe of allegeance aswell to her as to her sonne after her VVith the like false persuasion the Aduersaries abuse them selues and their Readers touchinge Arthur Duke of Britanie Nephewe to king Richard the first As though forsooth he were iustly excluded by kinge Iohn his vncle bycause he was a forainer borne If they had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of that Realme as may well appeare among other thinges by king Richard the second who succeded his grand father king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chaleng their title interest then should they haue had some countenaÌ„ce of reason probabilitie bicause many arguments the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficieÌ„t barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a moste vnsure and false grounde seeing it is moste true that Kinge Richard the first as we haue said declared the said Arthur borne in Britanie and not sonne of a King but his brother Geffreys sonne Duke of Britanie to be heire apparent his vncle Iohn yet liuing And for such a one is he taken in all our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other than for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away The possessions of the Croune of England that vvere beyond the seas seased into the Frenche kings haÌ„ds for the murther of Arthur For the whiche facte the French king seased vpon all the goodly Countries in Fraunce belonging to the kinge of England as forfeited to him being the chiefe Lorde By this outragious deede of king Iohn the kings of EnglaÌ„d lost Normandie withal and their possibilitie to the inheritance of all Britanie for the right and Title to the saide Britanie was dewe to the said Arthur and his heires by the right of his mother ConstaÌ„ce And though the said king Iohn by the practise ambition of Queene Eleonour his mother and by the special procurement of Hubert then Archebishop of Caunterburie of some other factious persones in England preuented the said Arthur his nephew as it was easy for him to do hauing gotten into his handes all his brother Richardes treasures besides many other rentes then in England and the said Arthour being an infant remaining beyond the sea in the custody of the said Constance yet of this fact being against all Iustice aswell the said Archebishop as also many of the other did after most earnestly repent considering the cruell and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himselfe Polid 15. Flor histo An. 1208 VVhich most foul and shameful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had bene barred to inherit the Croune of England And much lesse to haue imprisoned that moste innocent Ladie Eleonour sister to the sayd Arthur in Bristow Castle wher she miserably ended her lyfe if that gay Maxime would haue serued to haue excluded these two children bicause they were strangers borne in the partes beyond the seas Yea it appeareth in other doinges also of the said time and by the storie of the sayd Iohn that the birth out of the allegeance of England by father mother forain was not taken for a sufficient repulse and reiection to the right and title of the Croune For the Barons of England being then at dissention with the said king Iohn and renouncing their allegeance to him receaued Lewis the eldest soÌ„ne of Philip the FreÌ„ch king to be their king in the right of Blanche his wife which was a stranger borne all be it the lawful Neece of the said Richard daughter to AlphoÌ„se king of Castil begotten on the bodie of Eleonour his wife Levvis the French Kings son claimed the Croune of that Realme in the title of his vvyf Pro hereditate vxoris meae scilicet neptis Regis Ioanusque ad mortem si necessitas exigere decertabo Flor histo Anno. 1216. Haroldus muneribus genere fretê° regni diadema inuasiit H. Hunte hist Angli lib. 6. Cui regnum iure hereditario debebatur Ealredus Rhiual in histo R. Angliae ad H. 2. Cui de iure debebatur regnuÌ„ anglorum Io. Lond. in Chro. Angliae EadeÌ„ verba sunt in Math. VVestmon in flor hist a. 1066. VVhat calamities fell to the Realme by the vsurping of King Harolde King Stephen and Iohn Rex Edwardus misit c. vt vel ipse Eduardus filius ieus sibi succedereÌ„t c. Rich. Cicest vid. VVil. Malmest de reg Angl. E. 2 c. 4â— lib. 3. c. 5. one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn VVhich storie I alleage only to this purpose thereby to gather the opinion of the time that so raine birth was then thought no barre in the Title of the Croune For ortherwise how could Lewis of France pretend title to the Croune in the right of the said Blanche his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolus imaginations or otherwise worse depraued for a good sure and substantial interpretation of the common law And it were not altogether from the purpose here to consider and weigh with what how greuous plagues that Realme hath bene oft afflicted and scourged by reason of wrongfull vsurped titles I will not reuiue by odious rehearsal the greatenes and number of the same plagues as well otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remembrance extinct and buried I will now put the gentle Reader in remeÌ„brance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncient what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monuments of Historiographers do plainly testifie was the true lawful Heire Could he think you enioy his ambitious and naughty vsurping on whole entier yere No surely
ere the first yere of his vsurped reigne turned about he was spoiled and turned out of both Croune and his life withal Yea his vsurpatiō occasioned the cōquest of the whole realme by VVilliā Duke of Normandie bastard sonne to Robert the sixt Duke of the same And may you thinke al safe sound now from like dāger if you should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice VVhat shal I now speake of the cruel ciuil warres betwene king Stephen and king Henry the second whiche warres rose by reason that the said Henry was vniustly kept from the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lamēt with the lamentable losse of Normandie Aquitaine the possibilitie of the Dukedome of Britanie and with the losse of other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawfull vsurping of him against his nephew Arthur VVell let vs leaue these greuouse and lothsome remembrances let vs yet seeke if we may finde any later interpretatiō either of the said statute or rather of the common law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exāples would not serue prouided a later but so good so sure apt mete interpretatiō for our cause as any reasonable hart may desire The interpretatiō directly toucheth our case I meane by the mariage of the Lady Margaret eldest daughter to King Hēry the vij vnto the fourth king Iames of Scotland and by the opinion of the same most prudent Prince in bestowing his said daughter into Scotlād a matter sufficient enough to ouerthrow all those cauilling inuētiōs of the aduersaries For what time King Iames the fourth sent his Ambassadour to King Henry the seuenth to obteine his good will to espouse the said Lady Margaret Polid. 26. there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not well like upon the said Mariage saying it might so fal out that the right title of the Croune might be deuolued to the Lady Margaret and her children and the Realme therby might be subiect to Scotland To the whiche the prudent and wise king answered King H. 7. vvith his Counsaile is a good interpretor of our present cause that in case any suche deuolution should happen it would be nothing preiudiciall to England For England as the chief and principal and worthiest parte of the I le should drawe Scotland to it as it did Normandie from the time of the Conquest VVhich answere was wonderfully well liked of all the Counsaile And so consequently the Mariage toke effect as appereth by Polydor the Historiographer of that Realme and suche a one as wrote the Actes of that time by the instruction of the king him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband Englād could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of that Realme VVherevpon I may well inferre that the said newe Maxime of these men whereby they would rule and ouer rule the successiō of Princes was not knowen to the said wise king neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of my Soueraigne Lady Queene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender cōsideration the aduersaries haue gone about to strayne the worde Infantes or children to the first degree only Of the like weight is their other consideration imagining and surmising this statute to be made bicause the king had so many occasions to be so oft ouer the sea with his spouse the Queene As though diuers kings before him vsed not oftē to passe ouer the seas As though this were a personal statute made of a special purpose and not to be taken as a declaration of the common law VVhiche to say is most directely repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries The mariages of King E. 3. sonnes as Iohn of Gaunt Duke of Lancastre that Maried Peters the king of Castiles eldest daughter by whose right he clamed the Croune of Castile as his brother Edmund Erle of Camhridge that maried the yongest daughter as Lionell Duke of Clarence that maried at Milaine Violant daughter and heir to Galeatius Duke of Milan But especialy Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascoine and his other sonne Richard that succeded his grandfather was borne at Burdeaux And as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philip to the King of Portugall and his daughter Catherin to the king of Spaine his Neece Iohan daughter to his sonne Erle of Somerset was ioyned in mariage to the king of Scottes Iohan daughter to his brother Thomas of wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britānie Now by these mennes interpretation none of the issue of all these noble women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Aūcestours VVhich surely had bene against the auncient presidentes examples that we haue declared and against the common Lawe the whiche must not be thought by this Statute any thing taken away but only declared and against all good reason also For as the kings of England would haue thought that Realme greatly iniuried if it had bene defrauded of Spaine or any of the foresaid countreies being deuolued to the same by the foresaid Mariages so the issue of the foresaide noble women might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretations and gloses as these men nowe frame and make vpon the statute woulde then haue serued nor nowe will serue A fond imagination of the Aduersaries of the statute of 25. E. 3. But of all other their friuolous and folish ghessing vpō the clause of the statute for Infantes de Roy there is one most fond of all For they would make vs beleue
doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
Chattles of the testatour not the heyre And yet is it other wise in the case of the Croune For there the successour shall haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente 6. VVhich rule although it be generall yet it extendeth not to the descente or succession of the Croune Nor that a traitour is vnable to take lādes by discēte and vvithout pardō although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Ricarde Duke of Yorke and king Edward his son and also of king Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto any of them to receaue the Croune by lawfull succession But to this the aduersaries wold seeme to answere in their said booke sayeing that Henry the seuenth not with standing his attainder came to the Croune as caste vpon him by the order of the lawe for so much as when the Croune was caste vpon him that dishabilitie ceassed VVherein they confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful successiō then must they say that he was not lawful King but an vsurpet And therfore in confessing Henry the seuenth to be a lawful king and that the Croune was lawfully caste vpon him they confesse directly thereby that before he was kinge in possession there was no dishabilitie in him to take the Croune by lawful succession his said Attainder not withstanding whiche is as muche as I would wish them to graunt But in conclusion vnderstanding them selues that this their reason can not mainteine their intent An aunsvvere to the aduersary making a difference betvvene attainder the birth out of the allegeance they goe about an other way to helpe them selues making a difference in the lawe betwene the case of Attainder the case of foraine birth out of the kinges allegeance sayeinge that in the case of the Attainder necessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise they say the Croune shall not descēde to any But vpon the birth out of the kinges allegeāce they say it is otherwise And for proofe thereof they put a case of I. S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I. S. his father and after I. S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had bene they say if A. had bene borne beyond the sea I. S. breaking his allegeance to the king and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now they say B. shall inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in theyr case of I. S. the lande did then peraduenture there had bene some affinitie betwene theyr said case and the case of the Croune But there is no suche matter Bysides that they muste consider that the king cometh to the Croune not onely by descent but also chiefly by succession as vnto a corporation And therefore they might easely haue sene a difference in theyr cases betwene the kinges Maiestie and I. S. a subiecte And also betwene landes holden of a Lorde aboue the Croune holden of no earthly Lorde but of God almighty onely But yet for arguments sake I woulde faine knowe where they finde their difference and what authoritie they can shew for the proof thereof They haue made no marginal note of any authoritie therefore vnlesse they also saye that they are Pythagoras I will not beleue theyr difference VVel I am assured that I can shew good outhoritie to the contrarie and that there is no difference in theyr cases Yf they peruse 22. H. 6 22. H. 6. fol. 43. there may they see the opinion of Iustice Newton that there is no difference in theyr cases but that in both theyr cases the lande shall eschete vnto the Lorde And Prisote being then of Counsaile with the party that clamed lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in lawe vpon the title This authoritie is against theyr differēce this authoritie I am well asseured is better then any that they haue shewed to proue their difference But if we shall admit their difference to be according to the lawe yet their cases where vnto they applie their difference are nothing like as I haue said before Now then to procede on in the proofe of our purpose as it doth appeare that neither the King nor his Croune is bound by these generall rules whiche before I haue shewed so do I likewise say of all the residue of the general rules Maximes of the lawe being in a manner infinite The supposed Maxime of the aduersaries toucheth not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. But to retourne againe vnto their onely supposed Maxime whiche they make so general concerning the dishabilitie of persones borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of the Realme of Englande as it may appeare by king Stephen and by king Henry the second who were both straungers and Frenchemen borne out of the kinges allegeance and neither were they kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull kinges of England nor their title was by any man at any time defaced or comptrolled for any suche consideration or exception of foraine birth The aduersaris obiection touching King H. 2. auoided And it is a worlde to see how the aduersaries would shifte their handes from the said king Henry the second They say he came not to the Croune by order of the lawe but by capitulation for asmuche as his mother by whome he conueied his Title was then liuing VVell admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abylitie And although I did also admit that he had not the Croune by order of the lawe during his mothers life yet after his mothers death no man hath hitherto doubted but that he was king by lawfull succession and not against the lawes and Customes of that Realme For so might they put a doubt in all the Kinges of that Realme that euer gouerned sithens VVhiche thing
take the succession of the Croune it were any thing reasonable or euer was once meant of the ParlameÌ„t that the King without cause should disherite and exclude them from the title of the Croune On the other side if ther were any such impedimeÌ„t whereof this surmised will geueth out a great suspicion it is to be considered whether it standeth with reason and iustice with the honour of the king and the whole Realme or with the minde purpose and intente of the said Parlament that the King should not onely frustrate and exclude suche whose right by the common lawe is moste euidente and notoriouse but call and substitute suche other L. si pater ff Quae in frau credit L. fili fami ff de Dâ—rat L. 1. 6. quae res pign l. obligation ff de pigno c. in gener de Regum iuris in 6. L. quidaÌ„ ff de ver sig L. vt grad §. 1. de uumer hono L. permitteÌ„do cuÌ„ notatis ff de iure dotiuÌ„ In geuing generall authoritie that seemeth not to be comprised that the partie vvould not haue graunted being specially demaunded Generall vvordes must be referted to hable persons L. 2. c. de Nopall L. sin §. in computatione De iure deliber ibi notat Alciat in l. 1. de ver significat as by the same lawe are plainely excluded In consideration whereof many notable Rules of the Ciuil lawe doo concurre First that who soeuer geueth any man a generall authoritie to do any thing seemeth not to geue him authoritie to do that thing whiche he would not haue graunted if his minde therein had bene seuerally and specially asked and required Againe generall wordes either of the Testatours or of such as make any contract especially of statutes touching any persons to doe or enioy any thing ought to be restrained and referred to hable mete and capable persons onely It is furthermore a rule and a Principle that statutes must be ruled measured and interpreted according to the minde and direction of the generall and common lawe VVherefore the King in limiting the succession of the Croune in this sorte as is pretended seemeth not to answere and satisfie the expectation of the Parlament putting the case there were any suche surmised impediment as also on the other side likewise if there were no suche supposed impediment For here an other rule must be regarded which is that in Testaments Contractes and namely in statutes the generalitie of wordes must be gently and ciuily moderated and measured by the coÌ„mon lawe and restrained when so euer any man should by that generalitie take any dammage and hurte vndeseruedly Yea the Statute shall rather in that casse ceasse and quaile and be taken as void As for example it appe eth by the Ciuill lawe that if it be enacted by statute in some Cities that noman shall pleade against an Instrument no not the Executour yet this notwithstanding if the Executour make a true and perfect Inuentorie of the goodes of the Testatour if he deale faithfully and truely rather than he should wrongfully and without cause paie the Testatours debt of his owne he may come and pleade against the InstrumeÌ„t VVherefore the kings doings seeme either muche defectiue in the said Ladie Francis Ladie Elenour or much excessiue in their children And so though he had signed the said will with his hand yet the said doings seme not conformable to the mind and purpose of the Parlament VVe will now go forward and propound other great and graue coÌ„siderations seruing our said purpose and intent VVhereof one is that in limiting the Croune vnto the heires of the bodie of the Lady Francis the same Ladie then and so long after liuing the said King did not appoint the SuccessioÌ„ of the Croune according to the order meaning of he honorable Parlament forasmuch as the said Acte of Parlament gaue to him authoritie to limite and appoint the Croune to such persone or persones in reuersioÌ„ or remainder as should please his Highnes Meaning thereby some persone certaine of whome the people might haue certaine knowledg vnderstanding after the death of king Henrie the eight VVhich persones certaine the heires of the Ladie Francis could not by any meanes be intended 11. H. 4. fo 72. 9. H. 6 fo 24. 11. H. 6. fol. 15. forasmuch as the said Ladie Francis was then liuing and therfore could then haue no heires at al. By reason whereof the people of that Realme could not haue cettaine knowledge and perfit vnderstanding of the Succession according to the true meaning intent of the said Acte of parlameÌ„t But to this matter some peraduenture would seeme to answere and say that although at the time of the said King Henries death the Heires of the bodie of the said Ladie Francis begotten were vncertaine yet at suche time as the said remainder should happen to fal the said heires might then certainly be knowen In deede I will not deny but that peradueÌ„ture they might be then certainly knowen But what great mischieffes and incoÌ„uenieÌ„ces might haue ensued and yet may if the wil take place vpoÌ„ that peraduenture vncertaine limitation I would wishe all men well to note and consider It is not to be doubted but that it might haue fortuned at such time as the remainder should happen to fall to the said heires of the Ladie Francis the same Ladye Francis should then be also liuing who I pray you then should haue had the Croune Paraduenture ye wold say the heires of the body of the Ladie Eleonour to whome the next remainder was appointed Vndoubtedlye that were contrarie to the meanyng of the sayde supposed will forsomuch as the remainder is therby limited vnto the heires of the body of the Ladie Eleonour onely for default of issue of the Ladie Francis VVherby it may be very plainly gathered vpoÌ„ the said supposed wil that the meaning therof was not that the children of the Lady Eleonour should enioye the Croune before the children of the Lady FraÌ„cis But what if the said Lady Eleonour had bene then also liuing which might haue happened forasmuch as both the said Ladie Francis and Ladie Eleonour by common course of nature might haue liued longer then vntil this day who then should haue had the Croune Truly the right Heire whome this supposed will meante to exclude so long as there should remaine any issue either of the body of the said Ladie Francis or of the bodie of the said Ladie Eleonour lawfully begotten And therefore quite contrarie to the meaning of the said supposed will wherefore I doe verely thinke that it would hardly sinke into any reasonable mans head that had any experience of the great wisdome and aduised doings of King Henry the eight about other matters being of nothing like weight that he would so slenderly and so vnaduisedly dispose the successione of the Croune wherevpon the whole estate of that Realme doth depend in suche wise that they to whome
eight imprisoned in the Tower of london where he remayned many yeres till the death of king Edward the sixt At whiche time that patterne of singular clemencie Queene Marie dyd not only delyuer hym but also restored hym to his auncient estate of blood and dignitie This yong noble man afterward dyed without issue at Padua in Italie but if he had liued he might with best right haue claimed the Croune of England after the issues of king Henry the seuenth and Queene Elizabeth his wyfe had bene extinguishhed In this Courtney now deceased the progenie of King Edward the fowerth had bene determined as concerning the streight line if the ofspring of king Henry the seuenth and Quene Elizabeth his wyfe were not yet liuing But if that at any tyme faile then must they seke for an heyr in the collateral line Therfore it is to be noted The collaterall lyne of the succession that the before mentioned Richard Plantagenet Duke of York which was slayn by Henry the sixt in the battail of wakefeild and of whose progenie we now speake had three sonnes to witt king Edward the fowerth George Duke of Clarence and Richard Duke of Glocestre Now then for default of issue in lineal descent from Edward the eldest brother we must haue recourse as is before sayd vnto the collateral descent that is to George Duke of Clarenee the second brother and to his succession For to speak any more of Richard the yongest brother whiche dyed without issue it were superfluouse George then duke of Clarēce yonger brother to Edward the fowerth had by his vyfe Isabell Countesse of VVarwik and Sarisbury two children to witt Edward and Margaret This George vpon suspition of treason to affect the kyngdome was by kyng Edward his brother priuilye put to deathe And his sonne Edward being but a child emprisoned in the Tower of lond where he was deteined vntill at last vpon lyke surmise kinge Henry the seuenth stroke of his head But the sayd Lady Margaret Countesse of Sarisburie was maried to Sir Richard pole knight by whom she had diuers sonnes to wytt Henry Arthur Geffray Reinald the same which afterward for his rare vertues and singular wisdome and learning was aduaunced to the dignitie of a Cardinal Cardinal Pole and called Cardinal Pole Henry the eldest brother to omitt the rest had two daughters Catharin Pole the elder sister whiche was maried to Francise Hastinges Erle of Huntingdon and VVenefride the yonger sister Of whiche VVenefride there is no nede to speak any more because there is yet liuing descended of the sayd Ladye Catharin a plentifull generation Thus it is euident and very playn that whan the lineal descent in bloode from king Henry the seuenth and Queene Elizabeth his wyfe shall fayle then must the right of the white Rose that is to saye of the house of Yorke whiche dyd spring of king Edward the fowerth be transplanted and be deriued by a collateral lyne from George Duke of Clarence vnto the house of the Poles and so vnto the house of haftings or Hūtingdon Yet is there an other braunche sprong out of the same stock The novv Emperor and King Philip are descended from King Edvvard the third I mean from Edward the third in a long course of descent And that is Philip the king Catholique of Spayn descended from Iohn of Gaunt Duke of Lancastre third sonne of king Edward the third For the sayd Iohn of Gaunt had two daughters Philipp and Catharin This Ladye Philipp was mother to Edward king of Portugal of whome all other the kings of Portugal sithince that tyme till this day are descended This Edward king of Portugal was father to Eleonor the Emperesse whiche was mother to Maximilian the Emperor father to Philipp king of Castil father to that most victoriouse Emperour Charles the fift father to the most prudent Prince Philipp the King Catholik of Spayn now raigning to the most graciouse Ladye Marie mother to Rudolphus now Emperour But no to omitt any thing which apperteyneth to the Royall succession I think it good to adde a word or two touching the Lady Margaret Duglasse Aunt that is to saye sister to the father of my Soueraign Lady now Queene of Scotland her mean whiche was maried to the Erle of Leneux a mariage verie plausible to king Henrye the eight or he indued her with great possessiōs in England this Ladye Margaret had by the sayd Erle two sonnes Henry and Charles Atferward the same Henry went in to Scotland to visit his father and sing in the Court there a comely yong gentlemā verie personable and of great expectation fownd suche fauour in the sight of that most Gratiouse Queene of Scotland as her Maiestie created hym Duke of Albanie Erle of Rosse And there withal she made a speciall choyse of hym to be her husband thynking therby that because he was born and brought vp in England her right and title might be more fortifyed and all surmised defectes supplied yf any thing there were that coulde be obiected against her Maiestie After this Mariage betwene that most noble Queene and the sayd Henry was solemnized and consummate her Grace had by hym a sonne my said Soueraign now king of Scotland called Iames the sixt A noble Prince of heroical towardnesse and of the best hope the vndoubted laufull heir of that most gratiouse Queene representing allwayes from his infancie a liuely Image of his mother and of her beautie vertues and graces Thus muche in few woordes concerning the succession of the Croune of England and of those persones which clame any interest therein But to the ende that all thinges may be more perfectlye discerned I haue caused to be sett downe in a table hereunto annexed all the degrees of descents both lineal and collaterall from king Edward the third from whome eyther of those two families of York Lancastre doe take their begynning In whiche table the whole order and processe of that noble stocke hanging together in a continuall course of succession may most easily appeare at the first sight Here is to folowe a Table of the sayd Genealogie A table of the Rase and progenye of suche persones as descending from the princely families of Yorke Lācastre doe eyther iustly clame or ambytiously couet the title of successiō to the Croune of Englād VVhere by all men may see by what right and in what course eache of the yssues of King Henry the seauenth and Queene Elizabeth his wife are to be orderly called to the Croune of that Realme A genealogie of the Kinges of Englād from VVilliam Duke of Normandie called VVilliam the cōquerour vntill this present yere of our Lorde 1584. VVhereas some persones ambitiouslie coueting the Croune of England doe practize sinisterly to discredit the right title of the laufull heyres and seke priu ilye to aduaunce I knowe not what new titles of their owne creation Therefore to remoue all scruples that hereupon may growe this table
against them by any partie iudiciallye conuented for his better aduantage yet as the case standeth nowe L. Famosi ff and l. Tul. maies l. muliere ff de accusat there is no cause in the worlde to discredit their testimonie yea and by the waye of accusatiō also suche persons as be otherwise dishabled are in treason and other publike matters touching the state enhabled both to accuse testifie As for the eleuen witnesses the best of them Sir Iohn Gates we know by what meanes he is departed out of this life One other the said VVilliam Clarke is so gone from them that he geueth good cause to misdeeme and mistrust the whole matter Howe many of the residue liue I know not To whom perchaunce some thing might be said if we once knowe what them selues say VVhich seeing it doth not by authenticall recorde appeare bare names of dumme witnesses can in no wise hinder deface so solemne a testimonie of the foresaid L. Paget and Sir Edwarde Mountague Neither is the difficultie so great as the Aduersaries pretend Hovv a negatiue may be proued in prouing Negatiuam facti VVhich as we graunt it to be true when it stādeth within the limites of a mere negatiue so being restraigned and referred to time and place may be as well proued as the affirmatiue It appeareth nowe then by the premisses Gloss Doct. c. bona de elect that the Aduersaries argumentes whereby they would weaken and discredit the testimonie either of the witnesses or of the executours that haue or may come in against the said pretensed will are but of smal force and strength And especially their slēder exaggeration by a superficial Rhetorike enforced VVhereby they would abuse the ignorance of the people and make them beleue that there was no good and substātial prooffe brought foorth against the forgerie of this supposed will bycause the vntrueth of the same was not preached at Poules Crosse and declared in al open places and assembles through the Realm when they knowe wel inough that there was no necessitie so to doe And that it was notoriously knowen by reason it was disclosed by the saide Lorde Paget as wel to the Counsaile as to the higher and lower house of the Parliament And the foresaid forged Recorde in the Chancerie therevpon worthely defaced and abolished The disclosing whereof seing it came foorth by such in such sort order as we haue specified as it doth nothing deface or blemish the testimonie geuen against the said supposed will whether it were of any of the witnesses or executours so is ther no nede at all why any other witnesses bysides those that haue already impugned the same should be now farther producted Hovv and vvhen the later testimonie is to be accepted before the former I denie not but that if any suche witnesse or executour had vpon his othe before a lawfull Iudge deposed of his owne certaine notice and knoweledge that the said will was signed with the Kinges own hande in case he should afterward cōtratrie and reuoke this his solemne deposition it ought not lightly to be discredited for any suche contradiction afterward happening But as I haue said such authenticall and ordinarie examinatiōs depositiōs we find not nor yet heare of any such so passed Now cōtrariwise if any of the said witnesses or executours haue or shall before a competent Iudge especially not producted of any partie or against any partie for any priuate suit commēced but as I haue said moued of conscience onely and of a zeale to truth and to the honour of God the Realme freely voluntarilie discouer and detecte suche forgerie although perchance it toucheth them selues for some thing done or said of them to the contrary or being called by the said cōpetent Iudge haue or shall declare and testifie any thing against the same this later testimonie may be well credited by good reason and law VVhereas they would nowe inferre that either this pretensed will was King Henries will or that he made none at all I doo not as I haue said entende nor neede not curiously to examine and discusse this thing as a matter not apperteining to our principal purpose And well it may be that he made a will conteining the whole tenour of this pretensed will sauing for the limitation of the Croune and that these supposed witnesses were present either when he subscribed the same with his own hand or when by his cōmaundement the Stampe of which and of his owne hand the cōmon sort of men make no difference as in dede in diuers other cases there is no difference whiche these witnesses might take to be as it were his owne hand was set to the wil. This I say might after some sort so be And yet this notwithstanding there might be as there was in deede an other will touching the pretensed limitation of the Croune by the Kinges owne hande counterfeyted and suborned after his death falsly and colourably bearing the countenance of his owne hand and of the pretensed wittnesses names How so euer it be it is but to smal purpose to goe about any full and exquisite answere touching this point seeing that neither the original surmised wil whereof these witnesses are supposed to be priuy is extant nor their depositions any where appeare nor yet that it appeareth that euer they were as we haue said iudicially examined Seeing nowe then that if it so falleth out that the principal will and that whiche was by the great Seale exemplified and in the Chancery recorded had not at least touching the clause of limitation assignement of the Croune the Kings hand to it we neede not nor wil not tarie about certain scrolles and copies of the said will that the Aduersaries pretēd to haue ben either writtē or signed with his hand A kingdom is to heauy to be so easely caried away by suche scrolles and copies VVhen all this faileth the Aduersaries haue yet one shift left for the last cast They vrge the equitie of the matter and the mind of the Parlament VVhich is they say accomplished and satisfied by making this assignatiō for the establishing of the succession prouiding that the Realme should not be left void of a Gouernour And therefore we must not subuert the statute in cauilling for the defect of the Kings hand forasmuch as the Parlament might haue had authorised his consent onely without any hand writing VVhiche as I doe not denie so in these great affaires and so ample a commission in suche absolute authoritie geuen to him it was prouidently and necessarily foresene to binde the Acte to the Kings owne hand for auoyding al sinister euill dealing the whiche the Aduersaries would haue vs in no case to misdoubt or mistrust in this will VVhereas the notoriousnes of the fact the lamentable euēt of things do openly declare the same and pitifully crieth out against it Neither wil we graunt to them that the minde and
the Lady Margaret Countesse of Sarisburie afterward maried to Pole The third brother Richard duke of Glocestre after the deceasse of his brother King Edward the fowerth caused the yong kyng Edward the fyft his said brothers sonne traiterously to be mordered lyke a Tyranne vsurped the Croune and called him selfe king Richard the third but as he iustly deserued he dyed dishonorably and was slain in the battail beside Bosseworth by king Hēry the seuēth so dyed without issue This seuenth king Henry descended of the house of Lancastre was then the principal persone of the other partie agaynst the house of York But to take away the matter of that contention he maried the said Elizabeth daughter to the sayd King Edward the fouerth The vnion of the houses of York and Lancastre then right heir of the house of York and so by vniting those two houses he dyd cut of all those long and perniciouse broyles Thus I haue brieflye set downe the original cause and the finall ende also of that so great and troublessome faction Yet to procede further touching the said king The yssue of Kinge Henry the seuenth Henry the seuenth he had by his said wyfe Quene Elizabeth a sonne called king Henry the eight for his other sonnes I omit because they died in the life tyme of their father and without issue And he had also two daughters Margaret wyfe of the fowerth kyng Iames of Scotland and Marie the wyfe of the twelueth king Lewes of Fraunce This king Henry the eight had for his first wyfe Catharin daughter to Ferdinando king of Spayn and by her he had a daughter the Ladye Marye afterward Queene of England But vnder a pretence that the sayd Catharin was the wyfe of his deceassed brother Arthur he putt her awaye and brought in Anne Bolleine daughter of Syr Thomas Bolleine knight and by her he had a daughter the most renowmed Lady Elizabeth now Queene of England And afterward he stroke of the head of the sayd Anne and Maryed the Ladye Iane Semer a knyghtes daughter by whom he had his sonne Edward whiche afterward was Kinge Edward the sixt and dyed without yssue Then were called to the crown by succession first the sayd Lady Marie and after her the sayd Ladye Elizabeth now Queene After whose deceasses without any laufull yssue of their bodyes the next place in succession ought of right to remayn to the sayd most noble Ladye Marye now Queene of Scotland But before I enter into the explication of this matter it shall not be farre from the purpose somewhat to speake of these other personnes that chalenge the right of fuccession as properly to them selues belonging King Henry therfore the seuenth by the sayd Queene Elizabeth daughter to king Edward the fowerth had as you haue heard his said sonne king Henry the eight and his sayd two daughters the Lady Margaret wyfe to king Iames of Scotland the fowerth the said Lady Mary wyfe to the sayd king Lewes of Fraunce the twelueth by whom she had no yssue The yssue of Queene Margaret of Scotlād And the sayd king Henry the eight had as I haue sayd by diuerse venters his sayd thre children king Edward Queene Marie and Queene Elizabeth Of the sayd Queene Margaret eldest daughter to the seuenth king Henry of England was by the sayd King Iames the fowerth her first busband begotten and borne the fift king Iames of Scotland father to the sayd most noble Ladye Marie now Queene of Scotland And after the decease of the sayd king Iames the fowerth the same Queene Margaret was maried to Archebald Erle of Anguish and by him had a daughter called the Ladie Margaret Duglasse sometyme the wyfe of Mathew Steward Erle of Leneux by whom she had two sonnes Henry and Charles of whom I will speake here after Mary the yonger daughter of king Henry the seuenth after the decease of her first husband the twelueth king Lewes of Fraunce The yssue of Marye the Frēche Queene by whom she had no yssue was maried to Charles Brandon Duke of Sulffolk by whom she had two daughters Frācise Eleonor For of her sōnes I omitt to speak because they died without issue The said Lady Francise was maried to Henry Gray Marquesse of Dorcestre afterward Duke of Suffolke This Henry Gray begat of her thre daughters to witt Iane Catharin Mary The same Lady Iane eldest of those thre was maried to Gilford Dudley the sonne of Iohn duke of Northumberland a mariage begunne in an vnfortunate houre for it brought with it destruction aswell to them bothe as to their parents and many others The sayd Ladye Catharin was espoused to Henry Harbert eldest sonne of VVilliam Erle of Pembroche And the Ladye Marye yongest of the said three was betrothed to Arthur Gray sonne of VVilliam Gray But bothe those contractes afterward by the procurement and special labour of the parentes rather than vpon good matter as I haue heard were in open court dissolued and pronounced to be of no validitie in law The like happened touching a priuie contract made betwene the same Lady Chatharin the Erle of Hartforde by whom she had two sonnes yet lyuing Of whome I will speak hereafter And thus farre touching the issue of the Lady Francise th one of the sayd two daughters of Charles Brandon by Mary the Frenche Queene Now let vs come to the sayd Lady Eleonor the other daughter of the sayd Mary This Eleonor was maried to George Clyfford Erle of Cumberland who had by her a daughter the Lady Margaret now wyfe to the Erle of Darby whiche two haue issue betwene them yet liuing And this is the true genealogie and pedegrue forsomuch as I could euer learn of all suche issue and ofspring descended of king Henry the seuenth and Queene Elizabeth his wyfe as at this day can claime any right title or interest in the Croune of England The remayn is to adde hereunto somewhat touching the progenie of the before named king Edward the fowerth The yssue of King Edvvard the fouerth This king Edward the fowerth the principall personne of the faction of the whyte Rose had two sonnes whom his brother Richard aspiring to the Croune a patern of the worst marke that euer was in the memory of man caused to be mordred And he had also fower daughters the eldest was Queene Elizabeth the before named wyfe of King Henry the seuenth the cheefe of the faction of the reade Rose as is before mentioned An other of the daughters was the Lady Catharin wyfe to VVilliā Courtney Erle of Deuonshire Of the other two daughters there is left no issue and therfore I omitt them This Lady Catharin had by the sayd Erle of deuonshire a sonne called Henrie Courtney whom his Cosin germain king Henry the eight caused to be beheaded vpon a pretense of treason This Henry Courtney left one onlye sonne called Edward Courtney whom in his tender yeres king Henry the