maried to Portugal Castile borne of Blanche heire to Edmond Crookback as hath bene said vvas married to Iohn king of Portugal of vvhom is descended the king that novv possesseth Portugal and the other Princes vvhich haue or may make title to the same and Katherin borne of Constance heire of Castile vvas married back againe to Hentie king of Castile in Spaine of vvhom king Philip is also descended So that by this vve see vvhere the remainder of the house of Lancaster resteth yf the Line of K. Henrie the seuenth vvere extinguished vvhat pretext forreine Forrayne titles Princes may haue to subdue vs yf my L. of Huntington either novv or after her Ma. dayes vvil open to them the doore by shuting out the rest of K. HeÌ„ries Line by dravving back the title to the onlie house of York againe vvhich he pretendeth to do vpon this that I vvil novv declare King Edvvard the third albeit he had manie children yet fiue onlie vvil vve speak of at this tyme. The issue of king Edvvard the third VVherof thre vvere elder then Iohn of Gaunt and one yonger The first of the elder vvas named Edvvard the Black Prince vvho died before his father leauing one onlie sonne named Richard vvho aftervvard being king and named Richard the second vvas deposed vvythout issue and put to death by his Cosin germain named Henrie Bolingbrook Duke of Lancaster sonne to Iohn of Gaunt as hath bene said and so there ended the Line of K. Edvvardes first sonne King Edvvardes second sonne vvas VVilliam of Hatfield that died vvythout issue His thirde sonne vvas Leonell Duke of Clacence vvhos onlie daughter heire called Philippe vvas married to Edmond Mortymer Earle of Marche and after that Anne the daughter and heire of Mortymer vvas married to Richard Plantaginet Tvvoe EdmuÌ„des the tvvoe begiÌ„ners of the tvvoe houses of Lancaster York Duke of York sonne and heire to Edmund of Langley the first Duke of York vvhich Edmund vvas the fift sonne of K. Edvvard the third and yonger brother to Iohn of Gaunt And this Edmund of Langley may be called the first beginner of the house of York euen as Edmund Croocbacke the beginner of the house Lancaster This Edmund Langley then hauing a sonne named Richard that married An 〈…〉 â—ortymer sole heire to Leonel Duke of ClareÌ„ce ioined tvvo Lines and tvvoe titles in one I meane the Line of Leonel and of Edmund Langley vvho vvere as hath bene said the third and the fift sonnes to K. Edvvard the third And for this cause the childe that vvas borne of this marriage named after his father Richard Plantaginet Duke of York seing him self strong and the first line of K. Edvvard the thirds eldest sonne to be extinguished in the death of K. Richard the second and seing VVilliam of Hatfield the secoÌ„d soÌ„ne dead likevvise vvythout issue made demaund of the Crovvn for the house of York by The claime title of York the title of Leonel the third sonne of K. Edvvard And albeit he could not obteine the same in his daies for that he vvas slaine in a bataille against K. Henrie the 6. at VVakefield yet his sonne Edvvard got the same vvas called by the name of king Edvvard the fovverth This king at his death lefte diuers children as namlie tvvoe sonnes Edvvard the fift and his brother The issue of king Edvvard the 4. vvho after vvere both murdered in the Tovver as shal be shevved also fiue daughters to vvit Elyzabeth Cicilie Anne Katherine and Briget VVherof the first vvas maried to HeÌ„ry the 7. The last became a NuÌ„ne the other thre vvere bestovved vpon diuers other husbandes He had also tvvo brothers the first vvas called George Duke of Clarence vvho aftervvard vpon his desertes as is to be supposed vvas put to death in Callys by commandement of the king his attaynder The Duk of Clarence attaynted by parlament allovved by parlament And this man left behind him a sonne named Edvvard Erle of VVarvvik put to death aftervvard vvythout issue by king Henrie the seuenth and a daughter named Margaret Countesse of Salisburie vvho vvas married to a meane GentlemaÌ„ named Richard Poole by vvhom she had issue Cardinal Poole that died vvythout Mariage HeÌ„rie Poole that vvas attainted execuded in K. Henrie the 8. his tyme as also her self vvas this HeÌ„ry Poole left a daughter married HuntiÌ„gtons title by the Duke of ClareÌ„ce aftervvard to the Earle of HuntingtoÌ„ by vvho this Earle that novv is maketh title to the Crovvn And this is the effect of my L. of HuntingtoÌ„s title The second brother of king Edvvard the fourth vvas Richard Duke of Glocester vvho after the K. K. Rich. the third death caused his tvvo sonnes to be murdered in the Tovver and toke the kingedom to him self And aftervvard he being slaine by king Henry the 7. at Bosvvorth fielde left no issue behind him VVherfore king Henry the 7. descending as hath bene shevved of the house of Lancaster by Ihon of The happie coÌ„iuÌ„ctioÌ„ of the tvvoe houses Gaunts last sonne third vvife taking to vvyfe ladie Elizabeth eldest daughter of K. Edvvard the fourth of the house of York ioyned most happely the tvvo famylies together and made an end of al controuersies about the title Novv K. Henrie the 7. had issue three children The issue of king HeÌ„ry the seuenth of vvhom remayneth posterity First Henry the 8. of vvhom is descended our soueraine her Ma. that novv happilie raigneth and is the last that remaineth a liue of that first Line SecoÌ„dlie he had tvvo daughters vvherof the first named Margaret vvas married tvvice first to Iames king of Scotland froÌ„ The Line and title of Scotland by Margar. eldeste daughter to king HeÌ„ry the seuenth vvhome are directlie discended the Q. of Scotland that novv liueth and her sonne K. Iames being dead Margaret vvas married againe to Archybalde Douglas Earle of Anguishe by vvhom she had a daughter named Margaret vvhich vvas married aftervvard to Mathevv Stevvard Earle of Lenox vvhos sonne Charles Stevvard vvas married to Elizabeth CaÌ„dishe daughter to the preseÌ„t CouÌ„tesse of of Shrevvsburie by her hath left his onlie heire Arbella a litle daughter named Arbella of vvhom you haue heard some speech before And this is tovvching the Line of Scotland descending from the first eldest daughter of K. Henrie the seuenth The second daughter of K. Henrie the seuenth The Lyne title of Suffolke by Marie seconde daughter to king Henry 7. called Marie vvas tvvice maried also first to the kig of Frannce bâ— vvhom she had no issue and after his death to Charles Brandon Duke of Suffolk by vvhom she had tvvo daughters that is FrauÌ„cis of vvhich the childreÌ„ of my L. of Hartford doe make their clayme Elenore by vvhom the issue of the Earle of Darbie preteÌ„deth right as shal be declared For that FrauÌ„cis the first daughter of
death of K. Edvvard by â—he said Dudley this mans father vvho at one blovv procured to dispatâ—h from al possession of the Crovvn al three children of the said noble king And yet in the middest of those bloodie practizes against her Ma. that novv is and her sister vvherin also this felovvs hand vvas so far as for his age he could thrust the same vvythin sixetiene dayes before K. Edvvardes death he knovving belike that the king should die vvrote moste flatering Deep dissimulatioÌ„ letters to the Ladie Marie as I haue heard by them vvho then vvere vvyth her promissing al loyaltie and true seruice to her after the discease of her brother vvyth no lesse painted vvordes then this man novv doth vse to Q Elizabeth So delt he then vvyth the moste deare children of his good king master by vvhom he had bene no lesse exalted and trusted then this man is by her Ma. And so deeplie dissembled he then vvhen he had in hand the plot to destroye them both And vvhat then alas may not vve feare and doubt of this his sonne vvho in outragious ambition and desire of reigne is not inferiour to his father or to anie other aspiring spirit in the vvorld but far more insolent cruel vindicatiue expert potent subtile fine and fox-like then euer he vvas I like vvel the good Sir Fran. VValsing ham motion propounded by the foresaid gentleman to his friend at the same tyme and do assure my self it vvould be moste pleasaunt to the Realm and profitable to her Ma. to vvyt that this mans actions might be called publiquelie to tryal and libertie giuen to good subiectes to say vvhat they knevv Edmund Dudley against the same as it vvas permitted in the first yeare of K. Henrie the eight against his Graundfather and in the first of Q. Marie against his father Ihoâ— Dudley and then I vvould not doubt but yf thes tvvo his auncestors vvere found vvorthie to leese their Robert Dudley heades for treason this man vvould not be found vnvvorthie to make the third in kinred vvhose trecheries doe far surpasse them both LAVV. After the Gentleman had said this the Lavvyer stood stil somevvhat smyling to him self and looking round about him as though he had bene half afeard and then said My masters do you read ouer or studie the statutes that come foorth haue you not heard of the PROVISO made in the last Parliament for punishmeÌ„t of those vvho speak so broad of such men as my L. of Leycester is GENTL Yes said the gentleman I haue heard hovv that my L. of Leycester vvas verie careful and diligent at that tyme to haue such a lavv to passe against talkers hoping belike that his L. vnder that generall The lavv agaynst talking restreint might lye the more quyetlye in harbrough from the tempest of mens tongues vvhich tatled busilie at that tyme of diuers his Lordships actions affaires vvhich perhaps him self vvould haue vvished to passe vvith more secretsie As of his discontentemeÌ„t preparation to rebellion vpon Monsieurs first comming into the land of his disgrace and checks receyued in court of the fresh death of the noble Erle of Essex and of this mans hastie snatching vp of the vvidovv vvhom he sent ActioÌ„s of Leicester vvherof hevvould haue no speech vp and dovvn the countrie from house to house by priuie vvayes therby to auoid the sight knovvledg of the Q. Ma. And albeit he had not onlie vsed her at his good liking before for satisfying of his ovvn lust but also married and remarried her for contentation of her friendes yet denyed he the same by solemne othe to her Ma. and receiued the holie coÌ„munion thervpon so good a coÌ„science he hath and consequentlie threatned moste sharp reuenge tovvards al subiectes vvhich should dare to speak therof so for the concealing both of this and other his doinges vvhich he desired not to haue publik no maruaile though his Lordship vvere so diligent a procurer of that lavv for silence SCHOL In deed said I it is verie probable that his Lordship vvas in great distres about that tyme vvhen Monsieurs maters vvere in hand and that he did manie thinges and purposed more vvherof he desired lesse speeche among the people especialie aftervvardes vvhen his said designmentes toke not place I vvas my self that yeare not far from VVarvvike vvhen he came thither from the Coutt a ful Mal-Content vvhen it vvvas thought moste certainlie throughout the Realm that he vvould haue taken armes soone after yf the mariage of her Ma. vvyth Monsieur had gone forvvard The thing in CaÌ„bridge in al the coÌ„trie as I rode vvas in euerie maÌ„s mouth it vvas a vvounder to see not onelie the contenaunces but also the behauior to heare the bold speeches of al such as vvere of his faction My Lord him self had giuen out a litle before at Killing vvorth that the mater vvoulde coste manie Leicester Preparatiues to rebellion vpoÌ„ MoÌ„sieurs mariage broken heades before Michelmasse daye next and my Lord of VVarvvik had said openly at his table in Green vviche Sir Thomas Hennige being by if I be not deceyued that it vvas not to be suffred I meane the mariage vvhich vvordes of his once comming abrode albeit misliked by his ovvn Ladie theÌ„ also present euerie Seruing-man common compaignion toke then vp in defence of his Lordships part agaist the Q. Ma. Such tunning ther vvas such sending posting about the Realm such amplification of the povvers forces of Cassimere other Princes redie as vvas affirmed to present them selues vnto his aide for defence of the Realm religioÌ„ against straungers for that vvas holdeÌ„ to be his cause such numbring of parties complices vvythin the Realm vvherof him self shevved the To Sir Th Layton Catalogue to some of his frieÌ„des for their comfort such debasing of them that fauoured the mariage especialie tvvoe or three Councellors by name L. Treasurer L. Chamber layne M CoÌ„ptroler vvho vvere said to be the cause of al and for that vvere appointed out to be sharplie punished to the terrour of al others such letters vvere vvriten and intercepted of purpose importing great povvers to be redie so manie other thiÌ„ges done designed tending al to manifest open vvarre as I began hartelie to be afeard and vvished my self back at CaÌ„bridge againe hoping that being ther my scholars govvne should excuse me from necessitie of fighting or if not I vvas resolued by my Lordes good leaue to folovv Aristotle vvho preferreth alvvay the Lyon before the Beare assuring my self vvythal that his Lordship should haue no better successe in this if it came to tryal theÌ„ his father had in as bad a cause so much the more for that Ivvas priuie to the mindes of some of his friendes vvho meant to haue deceyued him if the matter had broken out And amongest other ther vvas a certeine VicepresideÌ„t in the vvorld vvho
reuenge As also doth the disdeigne of certaine checkes disgraces receyued at some tymes especialie that of his last mariage vvhich irketh him so much the more by hovv much greater feare and daunger it brought him into at that tyme and did put his vvidovve in such open phrensie as she raged manie monethes after against her Ma. and is not cold yet but remayneth as it vvere a svvorne enimie for that iniurie and standeth like a fiend or furie at the elbovve of her Amadis to stirre him forvvard vvheÌ„ occasion shal serue And vvhat effect such female suggestioÌ„s may The force of female suggestions vvorke vvhen they finde an humour proude and pliable to their purpose you may remember by the example of the Duches of Somerset vvho inforced her husbaÌ„de to cut of the head of his onely deare brother to his ovvn euident destruction for her contentation VVherfore to conclude this matter vvythout An euident CoÌ„clusion that the executioÌ„ is meatâ— tyme of her Ma. further dispute or reasoÌ„ seyng ther is so much discouered in the case as ther is so great desire of reigne so great impatience of delay so great hope and habilitie of succes if it be attempted vnder the good fortune and present authoritie of the competitors seing the plattes be so vvel layde the preparation so forvvarde the fauorers so furnished the tyme so propitious and so manie other causes conuiting together seing that by differring al may be hazarded and by hastening litle can be indaungered the state and condition of thinges vvel vveyed finding also the bandes of duetie so broken alredie in the conspiratours the causes of mislike and hatred so manifest and the solicitours to execution so potent and diligent as vvomen malice and ambition are vvount to be it is more then probable that they vvil not leese their present commoditie especialie seing they haue learned by their Architype or Protoplote vvhich they folovv I meane the conspiracie of Nortumberland and Suffolk in An error of the father novv to be corrected by the sonne king Edvvards dayes that herein ther vvas some error committed at that tyme vvhich ouerthrevv the vvhole land that vvas the differring of some thinges vntil after the kinges death vvhich should haue bene put in execution before For yf in the tyme of their plotting vvhen as yet theyr desygnementes vvere not publyshed to the vvorld they had vnder the countenance of the kinge as vvel they might haue done gotten into their handes the tvvo sisters and dispatched some other fevv affaires before they had caused the yong Prince to die no doubt but in mans reason the vvhole designement had taken place and consequentlie it is to be presupposed that thes men being no fooles in their ovvn affaires vvil take heed of falling into the like errour by delay but rather vvil make al sure by striking vvhile the iron is hoat as our prouerbe vvarneth them LAVV It can not be denied in reason quoth the Lavvier but that they haue manie helpes of doing vvhat they list n 〈…〉 vnder the present fauour countenauÌ„ce authoritie of her Ma. vvhich they should not haue after her highnes discease vvhen ech man shal remain more at libertie for his supreame obedience by reason of the statute ptouided for vncertentie of the next successor and therfore I for my parte vvould rather counsail them to make much of her Ma. lyfe for after that they litle knovv vvhat may ensue ot befal their designementes GENTL They vvyl make the most therof quoth the GeÌ„tleman for their ovvn aduantage but after that vvhat is like to folovv the examples of Edvvard Richard the secoÌ„d as also of Henrie Edvvard the sixt doe sufficientlie for vvarne vs vvhos liues vvere prolonged vntil their deathes vvere thought more profitable to the conspirators not longer Her Ma. lyfe and â—eath to serue the conspirators turn And for the statute you speak of procured by them selues for establishing the incertaintie of the next true sucessor vvheras al our former statutes vvere vvount to be made for the declaration certentie of the same it is vvyth PROVISO as you knovv that it shal not endure longer then the lyfe of her Ma. that novv reigneth that is indeed no longer then vntil them selues be redie to place an other A proclamation vvyth halters For then no doubt but vve shal see a faire proclamation that my L. of Huntington is the onelie next heire vvith a bundle of halters to haÌ„g al such as shal dare once open their mouth for deniall of the same LAVV. At thes vvordes the olde Lavvyer stepped back as some vvhat astonied and began to make crosses Papistical â—lessing in the ayer after theyr fashyon vvherat vve laughed and then he said truelie my masters I had thought that no man had conceyued so euil imagination of this statute as my self but novv I perceiue The statute of coÌ„cealiÌ„g the heire apparent that I alone am not malitious For my ovvn parte I must confesse vnto you that as often as I reade ouer this statute or think of the same as by diuers occasions manie tymes I do I feele my self much greeued and afflicted in minde vpon feares vvhich I conceyue vvhat may be the end of this statute to our countrie and vvhat priuie meaning the chiefe procurers therof might haue for their ovvn driftes against the Realm and lyfe of her Ma. that novv reigneth And so much more it maketh me to doubt for Richard going tovvards HierusaleÌ„ begaÌ„ the custome by parlement as Polydore noteth Anno 10. of Rich. 2. to declare the next heire that in al our recordes of lavv you shal not finde to my remembraunce anie one example of such a deuise for concealing of the true inheritour but rather in all ages states and tymes especiallie from Richard the first dovvnevvard you shal finde statutes ordinaunces and prouisions for declaration and manifestation of the same as you haue vvel obserued and tovvched before And therfore this straunge nevv deuise must needes haue some straunge and vnaccustomed meaning God of his mercie graunt that it haue not some straunge and vnexpected euent In sight of al men this is alredie euident that The daunger of our countrie by coÌ„cealing the next heire neuer countrie in the vvorld vvas brought into more apparent daunger of vtter ruin then ours is at this daye by pretence of this statute For vvher as ther is no Gentleman so meane in the Realm that cannot giue a gesse more or lesse vvho shal be his next heire and his tennauntes soone coniecture vvhat manner of person shal be theyr next Lord in the title of our noble Crovvn vvherof al the rest dependeth nether is her Ma. permitted to knovv or saye vvho shal be her next successor nor her subiectes allovved to vnderstand or imagine vvho in right may be their future soueraigne An intollerable iniurie in a matter of so singular importaunce For alas vvhat should become of
Charles Brandon by the Quene of Fraunce vvas married to the Marques of Dorset vvho after Charles Brandons death vvas made Duke of Suffolk in right of his vvife and vvas beheaded in Q Maries time for his conspiracie vvvth my L of Leycesters father And she had by this man three daughters that is Iane The issue of FrauÌ„cis eldest daughter to Charls BrandoÌ„ Duke of Suffolk that vvas married to my L. of Leycesters brother proclaimed Queene after king Edvvards death for vvhych both shee and her husbande vvere executed Katherine the second daughter vvho had tvvoe sonnes yet lyuyng by the Earle of Hartford Marie the third daughter vvhich left no children The other daughter of Charles Brandon by the Q. of FrauÌ„ce caled Elenor vvas married to George Clifford Earle of CumberlaÌ„d vvho left a daughter The issue of â—lenor seconde daughter to Charls BrandoÌ„ by her named Margaret married to the Earle of Darbye vvhich yet liueth hath issue And this is the title of al the house of Suffolk descended froÌ„ the second daughter of K. Henrie the seueÌ„th married as hath bene shevved to Charles Brandon Duke of Suffolk And by this you see also hovv manie their be vvhoe do thinck ther titles to be far before that of my Lord of Huntingtons if either right Lavv reason or consideration of home affaires may take place in our Realm or yf not yet you cannot but imagine hovv manie great Princes and potentates abrode are like to ioyne and buckle vvyth Huntingtons Line for the preeminence if once the matter fal againe to coÌ„tention by excluding the Line of K. Henry the 7. vvhich God forbid SCHOL Trulie Sir quoth I I vvel perceyue that my Lords turne is not so nighe as I had thought vvhether he exclude the Line of king Henrie or HuÌ„tiÌ„gâ—oÌ„ behinde manie other titles no. For if he exclude that then must he enter the Cumbat vvith forraine titlers of the house of Lancaster and if he exclude it not then in al apparence of reason in Lavve to as you haue said the succession of the tvvoe daughters of king Henrie the seuenth vvhich you distingvvishe by the tvvoe names of Scotland and Suffolke muste needes be as clearlie before him and his Line that descendeth onlie from Edvvard the fourth his brother as the Q. title that novv raigneth is before him For that both Scotland Suffolk and her Ma. do hold al by one foundation vvhich is the vnion of both houses and titles together in K. Henry the seuenth her Ma. Graundfather GENTL That is true quoth the Gentleman and euident enough in euery mans eye and therfore no doubt but that as much is meant against her Maiestie yf occasion serue as against the rest that holde by the same title Albeit her Maiesties state the Lorde be praysed be such at this tyme as it is not safitie to pretend so much against her as against the reste vvhat soeuer be meant And that in trueth more should be meante gainst her highnes then against all the rest ther is this reason for that her Maiestie by her present possession letteth more their desires then al the rest together vvyth ther future pretences But as I haue said it is not The pollicie of the Conspirators for the deceyuing of her Maiesty safitie for them nor yet good policie to declare openlie vvhat they meane against her maiestie It is the best vvay for the present to hevve dovvn the rest and to leaue her Maiestie for the laste blovve and vpshoote to their game For vvhich cause they vvill seeme to make great difference at this daye betvvene her Maiesties title and the rest that descende in likevvise from king Henrie the seuenth auovving the one and disalovving the other Albeit my Lord of Leycesters father preferred that of Suffolk vvhen tyme vvas before this of her Ma. and compelled the vvhole Realm to svveare therunto Such is the variable pollicy of men that serue the tyme or rather that serue them selues of al tymes for their purposes SCHOL I remember quoth I that tyme of the Duke vvas present my self at some of his proclamatioÌ„s for that purpose VVherin my L. his sonne that novv liueth being theÌ„ a doer as I can tel he vvas I meruaile hovv he can deale so contrarie novv Leycester variabilitie preferring not onlie her Ma. title before that of Suffolk vvherof I vvonder lesse because it is more gainful to him but also an other much furder of But you haue signified the cause in that the tymes are chauÌ„ged other bargaines are in haÌ„d of more importaunce for him VVherfore leauing this to be considered by others vvhoÌ„ it coÌ„cerneth I beseech you Sir for that I knovv your vvorship hath bene much conuersant amonge their friendes and fauourers to tel me vvhat are the barres and lettes vvhich they do aleadge vvhy the house of ScotlaÌ„d and Suffolk descending of K. Henrie the seueÌ„th his daughters should not succed in the Crovvn of England after her Ma. vvho endeth the Line of the same K. by his sonne for in my sight the matter appeareth verie plaine GENTL They vvant not pretences of barres and lettes against them al quoth the Gentleman vvhich I vvil lay dovvn in order as I haue heard theÌ„ aleaged Barres preteÌ„ded gainst the claime of Scotland Suffolk First in the Line of Scotland theire are thre persoÌ„s as you knovv that may pretende right that is the Quene and her sonne by the first mariage of Margaret and Arbella by the second And against the first mariage I heare nothing affirmed but against the tvvoe personnes proceeding therof I heare them aleage three stops one for that they are strauÌ„gers Against the Queene of Scotland her sonne borne out of the land and consequentlie incapable of inheritaunce vvythin the same an other for that by a special testament of K. HeÌ„rie the eight authorized by tvvoe seueral Parliamentes they are excluded the third for that they are enimies to the religion novv receiued amonge vs therfore to be debarred Against the seconde mariage of Margaret Against Arbella vvyth Archibalde Douglas vvherof Arbella is descended they aleage that the said Archibalde had a former vvyfe at the tyme of that mariage vvhich liued loÌ„g after and so neither that marage lavvful nor the issue therof legitimate The same barre they haue against al the house and Line of Suffolk for first they say that Charles Brandon Duke of Suffolk had a knovven vvyfe a liue vvhen he married Marie Queene of Fraunce coÌ„sequentlie that neither the Ladie Fraunces nor Elenore borne of that mariage can be lavvfulie borne And thes is al I can heare them say against the succession Against Darbye of the CouÌ„tesse of Darby descended of Elenore But against my Lord of Hartfords children that come from FrauÌ„ces the eldest daughter I heare them aleage tvvo or three bastardies more besides Against the children of Harâ—ford this of the first mariage
this Testament but rather some friend of the house of Suffolk in vvhos fauour I take it that it vvas first of al forged GENTL It may be quoth the Gentleman nor vvil I stand obstinatlie in the coÌ„trarie for that it is hard sometyme to iudge of vvhat faction eche one is vvho discourseth of thes affaires But yet I maruail yf it vvere as you say vvhie Leycesters father after king Edvvardes death made no mention therof in the fauour of Suffolk in the other Testament vvhych then he proclaymed as made by K. Edvvard deceased for prefermeÌ„t of Suffolk before his ovvne sisters LAVV. The cause of this is euident quoth the Lavvyer The Duk of Northumbeâ—landes drift for that it made not sufficientlie for his purpose vvhich vvas to disinherit the tvvo daughters of K. Henrie him selfe aduaunce the house of Suffolk before them both GENTL A notable chaunge quoth the Gentleman that a title so much exalted of late by the father aboue al order right rank and degre should novv be so much debased by the sonne as though it vvere not vvorthie to hold anie degre but rather to be trodeÌ„ vnder foote for plaine bastardie And you see by this hovv true it is vvhich I tolde you before The mutable dealig of the house of Dudley that the race of Dudleys are moste cunning Marchantes to make their gaine of al thinges men tymes And as vve haue seene novv tvvo testameÌ„tes aleaged the one of the king father the other of the king sonne both of them in preiudice of the testators true successours so manie good subiectes begin greatlie to feare that vve may chaunce to see shortlie a third testament of her Ma. for the intituling of Huntington and extirpation of K. Henries blood that before her Ma. can think of sicknes vvherin I beseech the Lord I be no Prophet But novv Sir to the forsaid vvil testameÌ„t of K. HeÌ„ry I haue often heard in trueth that the thing vvas counterfeit or at the leaste not able to be proued and that it vvas discouered reiected and defaced in Q. Maries tyme but I vvould gladlie vnderstand vvhat you Lavvyers esteme or iudge therof LAVV. Touching this matter quoth the Lavvyer it cannot be denied but that in the tvventy and eight and thirtie and sixt yeares of king Henries reigne vpon consideration of some doubt irresolution The authoritie and occasion of K. Henries testameÌ„â— vvhych the king him selfe had shevved to haue about the order of succession in his ovvn children as also for taking avvay al occasions of controuersies in thos of the next blood the vvhole parliament gaue authoritie vnto the said king to debate determine thos matters him self together vvyth his learned councell vvho best knevv the lavves of the Realm and titles that anie man might haue therby and that vvhat soeuer succession his Ma. should declare as moste right and lavvful vnder his letters patentes sealed or by his last vvil and testament rightfullie made and signed vvyth his ovvn hand that the same should be receyued for good and lavvful Vppon pretence vvherof soone after K. Henries death ther vvas shevved a vvil vvyth the kings stamp at the same the names of diuers vvytnesses vvherin as hath bene bene said the succession of the Crovvn after the kings ovvn children is assigned to the heires of Fraunces and of Elenore neipces to the king by his yonger sister VVhich assignatioÌ„ of the Crovvn being as it vvere a mere guifte in preiudice of the elder sisters right as also of the right of Fraunces and Elenore them selues vvho vvere omitted in the same assignation their heires intituled onlie vvas esteemed to be against al reason lavv and nature consequentlie not thought to proceed from so vvise and sage a The kiÌ„gs TestameÌ„t forged Prince as K. Henrie vvas knovveÌ„ to be but rather ether the vvhole forged or at Leastvvyse that clause inserted by other and the kinges stampe set vnto it after his death or vvhen his Ma. lay novv past vnderstanding And hereof there vvanteth not diuers moste euident reasons and proofes For first it is not probable or credible that K. The first reason Henrie vvould euer go about against lavv and reason to disinherit the line of his eldest sister vvythout Iniustice improbabilitie anie profit or interest to him self and therby giue moste euident occasion of Ciuil vvarre and discorde vvyrhin the Realm seing that in such a case of manifest and apparent vvrong in so great a matter the authoritie of parliament taketh litle effect against the true lavvful inheritour as vvel apeared in the former tymes conteÌ„tions of Henrie the sixt Edvvard the fourth and Richard the third in vvhose reignes the diuers and contrarie parliamentes made and holden against the next inheritour held no longer vvyth anie man then vntil the other vvas able to make his ovvn partie good So Likevvise in the case of king Edvvard the The example of Fraunce third his succession to Fraunce in the right of his mother though he vvere excluded by the general assemblie and consent of their parliamentes yet he esteemed not his right extinguished therby as neither did other kinges of our countrie that ensued after him And for our present case yf nothing els shoulde haue restreyned king Henrie from such open iniustice tovvardes his eldest sister yet this cogitation atleast vvould haue stayed him that by geuing example of supplanting his elder Sisters Line by vertue of a testament or pretence of parliament some other might take occasion to displace his children by like pretence as vve see that Duke Dudley did soone after by a forged testament of K. Edvvard the sixt So redie Scholars ther are to be found vvhich easilie vvil learne such The secoÌ„d reason IncoÌ„gruities indignities Lessons of iniquitie Secondlye ther be to manye incongruyties and indignities in the sayd pretended VVyll to proceed from suche a Prince and learned Councell as king HeÌ„ries vvas For first vvhat can be more ridiculous then to giue the Crovvn vnto the heires of Fraunces and Elenore and not to anie of them selues or vvhat had they offended that their heires should enioye the Crovvn in their right and not they them selues VVhat yf king Henries children should haue died vvhiles Ladie Fraunces had bene yet a liue vvho should haue possessed the kingdoÌ„ before her seing her Line vvas next and yet by this testament she could not preteÌ„d her self to obteine Adrian Stokes it But rather hauing married Adrain Stokes her horskeper she must haue suffred her sonne by him yf she had anie to enioy the Crovvn and so AdriaÌ„ of a seruing-man and master of horses should haue become the Great Master Protector of EnglaÌ„d Of like absurditie is that other clause also vvherin the king bindeth his ovvn daughters to marrie by coÌ„sent directioÌ„ of his counsell or othervvise to leese the benefit of their succession but yet bindeth not his neipces
of châ—ef rule vnder other pretences and after to deuise vpoÌ„ the title at his leysure But novv to come to the third argument I saie The 3. argument The nature of the cause it self more and aboue al this that the nature and staâ—e of the matter it self permitteth not that my L. of Leycester should meane sincerelie the Crovvn for Huntington especialie seing ther hath passed betvven them so many yeares of dislike and enimity vvhich albeit for the time present commodity be couered and pressed dovvn yet by reason and experience vve knovv that aftervvard vvhen they shal deale together againe in matters of importaunce and vvhen ielousie shal be ioyned to other circumstaunces of their actioÌ„s it is impossible that the former mislike should not breake out in far higher degre then euer before As vve savve in the examples of the reconciliation The nature of olde reconciled enimyty made betvvixt this mans father and Edvvard Duke of Somerset bearing rule vnder king Edvv. the sixt and betvven Richard of York Edmund Duke of Somerset bearing rule in the time of king Henry the 6. Both vvhich Dukes of Somerset after reconciliatioÌ„ vvyth their olde craftie ambitious enimies vvere brought by the same to their destruction soone after VVherof I doubt not but my L. of Leycester vvil take good heed in ioyning by reconciliation vvyth Huntington after so long a breach and vvil not be so improuident as to make him his soueraign vvho novv is but his dependeÌ„t He remembreth to vvel the successe of the L. StaÌ„ley vvho helped K. HeÌ„rie the 7. to the Crovvn of the Duke of Buckingham vvho did â—he same for Richard the 3. of the Earle of VVarvvick vvho set vp K. Edvvard the 4. and of â—he three Percies vvho aduauÌ„ced to the Scepter K. Henry â—he 4. Al vvhich noble men vpon occasions that after fel out vvere revvarded vvyth death by the self same Princes vvhom they had preferred And that not vvythout reason as Siegnior Machauel The reason of Machauel my L. Councellor affirmeth For that such Princes aftervvard can neuer giue sufficient satisfaction to such friendes for so great a benefit receiued And consequentlie least vpon discontentmeÌ„t they may â—haunce do as much for others against them as they haue done for them against others the surest vvay is to recompence them vvyth such a revvarde as they shal neuer after be able to complaine of VVherfore I can neuer think that my L. of Leycester vvil put him self in daunger of the Like successe at Huntingtons haÌ„des but rather vvil folovv The meaninge of the Duke of Nortâ—umber vvyth Suffolk the plot of his ovvn father vvyth â—he Duke of Suffolk vvhom no doubt but he meant onelie to vse for a pretext and help vvherby to place him self in supreame dignitie and aftervvardes vvhat so euer had befallen of the state the others head could neuer haue come to other end theÌ„ it enioyed For yf Q. Marie had not cut it of K. Iohn of NorthuÌ„berland vvould haue done the same in tyme and so al men do vvel knovv that vvere priuie to anie of his cunning dealinges And vvhat Huntingtons secret opinion of Leycester is notvvythstanding this ovvtvvarde shevv of depeÌ„dence â—t vvas my chauÌ„ce to learne from the South hovvse mouth of a special man of that Hastie king vvhoe vvas his ledger or agent in London and at a tyme faling in talke of his masters title declared that he had heard him diuers tymes in secret complaine to his Ladie Leycesters sister as greatlie fearing that in the end he vvould offer him vvrong and pretend some title for him selfe LAVV. VVel quoth the Lavvyer it seemeth by this last point that thes tvvo Lords are cunning practisioners in the arte of dissimulation but for the former vvherof you spake in truth I haue hearde men of good dicourse affyrme that the Duke of The meaniâ—g of the D. of Noâ—thuÌ„ tovvards the D of Suffolk Northumberland had straunge deuises in his head for deceauing of Suffolk vvho vvas nothing so fine as him self and for bringing the Crovvn to his ovvn familie And among other deuises it is thought that he had most certaine intention to marrie the Ladie Marie him self after once he had brought her into his ovvn handes and to haue bestovved her Ma. that novv is vpon some one of his children yf it should haue bene thought best to giue her lyfe so coÌ„sequentlie to haue shaken of Suffolk and his pedegre vvyth condigne punishment for his bolde behauiour in that behalf SCHOL Verilie quoth I this had bene an excellent Stratageme yf it had taken place But I pray you Sir hovv could him self haue taken the Ladie Matie to vvyfe seing he vvas at that tyme married to an other GENTL Oh quoth the Gentlemen you question like a Scholar As though my L. of Leycester had not a vvyfe a liue vvhen he first began to pretend mariahe to the Q. Ma. Doe not you remember the storie of K Richard the third vvho at such tyme as he thought best for the establishing of his title The practise of K. Richard for dispatching his vvyfe to marrie his ovvn nepce that aftervvard vvas married to king Henrie the seueÌ„th hovv he caused secretlie to be giuen abroode that his ovvn vvyfe vvas dead vvhom al the vvorld knevv to be then a liue and in good health but yet soone aftervvard she vvas sene dead indeed Thes great personages in matters of such vveight as is a kingdom haue priuileges to dispose of vvomens bodies mariages liues and deathes as shal be thought for the tyme moste conuenient And vvhat do you think I pray you of this nevv A nevv Triumuirate betvveÌ„ Ley. Talbot the CouÌ„tesse of Shreâ—sbury TRIVMVIRAT so latelie concluded about Arbella for so I must cal the same though one of the three persons be no Vir but Virago I meane of the mariage betvvene yong DeÌ„bigh the litle daughter of Lenox vvherby the father in lavve the Grandmother the vncle of the nevv designed Queene haue conceyued to them selues a singular tryumphant reigne But vvhat doe you think may ensue hereof is ther nothing of the olde plot of duke Iohn of Northumberland in this LAVV. Marie Sir quoth the Lavvyer yf this be so I dare assure you ther is sequele enough pretended hereby And first no doubt but ther goeth a deep drift by the vvife and sonne against olde Abraham the husband and father vvith the vvel lyned large poutch And secondlie a far deeper by trustie Robert against his best Mistres but dâ—â—pest of â—l by the vvhole Cravv against the designememes of the Hastie Earle vvho thirsteth a kingdome Huntington vvith great intemperaunce and seemeth yf there vvere plaine dealing to hope by thes good people to quenshe shortlie his drought But either parte in truth seeketh to deceyue other and therfore it his hard to saye vvher the game in fine vvil reste GENTL VVel hovv so euer that be quoth
ovvn nation And therin and othervvise onelie about the same quarrel vvere slaine murdered made avvay about 9. or 10. kinges kinges sonnes besides aboue fortie Earles Marquesses Dukes of name but manie mo Lordes knights and great Gentlemen and Captaines and of the common people vvithout nūber and by particular cōiecture verie neare tvvo hundreth thousand The battaile by Tadcaster on palme Sō daye An. 1460. For that in one battaile foughten by K. Edvvard the fourth ther are recorded to be slaine on both partes fiue thirtie thousand seuen hundreth and eleuen persons besides other vvounded and taker prisoners to be put to death aftervvard at the pleasure of the Conquerour at diuers battails after ten thousand slaine at a battaile As in thos of Barner Tukesbury foughten both in one yeare This suffred our afflicted countrie in thos dayes by this infortunat and deadlie contention vvhich could neuer be ended but by the happy cōiunction of thos tvvo houses to gether in Henry the seuēth neither yet so as appeareth by Chronicle vntil as I haue said the state had cut of the issue male of the Duke of Clarēce vvho vvas cause of diuers perils to K. Henrie the seuenth though he vvere in prison By vvhos sister the faction of Huntington at this day doth seeke to raise vp the same contention againe vvith far greater daunger both to the Realm and to her Ma. that novv reigneth then euer before And for the Realm it is euident by that it giueth The daūger of Hūtingtons claime to the Realm to hir Ma roome to straūgers Competitours of the house of Lancaster better able to mainteine their ovvn title by svvorde then euer vvas any of that linage before them And for her Ma. perril present it is nothing hard to cōiecture seing the same title in the forsaid Erle of VVarvvik vvas so daūgerous and troublesome to her graundfather by vvhō she holdeth as he vvas faine tvvice to take armes in defence of his right against the said title vvhich vvas in thos dayes preferred aduaunced by the friēdes of Clarence before that of Hērie as also this of Huntington is at this daye by his faction before that of her Ma. though neuer so vniustlie LAVV. Touching Huntingtons title before her Ma. quoth the Lavver I vvil say nothing be cause in reasō I se not by vvhat pretēce in the vvorld he may thrust him self so far foorth seing her Ma. is descēded not onelie of the house of Lancaster but also before him moste apparentlie from the house of Hovv Hūtington maketh his title before her Maiestie York it self as from the eldest daughter of king Edvvard the fourth being the eldest brother of that house VVheras Huntington claimeth onelie by the daughter of George Duke of Clarence the yonger brother Marie yet I must cōfesse that if the Earle of VVarvviks title vvere better then that of K. Henrie the seuēth vvhich is moste false though manie attempted to defend the same by svvord then hath Huntington some vvronge at this daye by her Ma. Albeit in verie trueth the †The moste of Hūtingtōs ancetours by vvhō he maketh title attainted of treason attaintes of so manie of his auncestors by vvhom he clameth vvould ansvvere him also sufficientlie in that behalf if his title vvere othervvise allovvable But I knovv besides this they haue an other fetch Th◠in famous deuice of K. Rich. the third allovved by Huntington of K. Richard the thirde vvherby he vvould nedes proue his elder brother kīg Edvvard to be a Bastard cōsequētlie his vvhole line asvvel male as female to be void VVhich deuise though it be ridiculous and vvas at the tyme vvhen it vvas first inuented yet as Richard foūd at that tyme a Doctor Shavve that shamed not to publish and defend the same at Paules Crosse in a Sermon and Iohn of Northumberland Anno. 1. Mariae my L. of Leycesters father founde out diuers preachers in his tyme to set vp the title of Suffolk and to debase the right of king Henries daughter both in London Cambridge Oxeforde and other places moste apparentlie against al lavve and reason so I dout not but thes mē vvould finde out also both Shavves Sandes and others to set out the title of Clarēce before the vvhole interest of K. Henrie the seuēth his posteritie if occasion serued VVhich is a point of importance to be considered A point to be noted by her Ma. by her Ma. albeit for my parte I meane not novv to stād thervpon but onlie vpon that other of the house of Lancaster as I haue said For as that moste honorable lavvful and happie coniunction of the tvvo aduetsarie houses in king Henrie the seuenth and his vvife made an end of the shedding of English blood vvithin it The ioyninge of bothe hovvses self brought vs rhat moste desired peace vvhich euer sithence vve haue enioied by the reigne of their tvvo moste noble issue so the plot that novv is in hand for the cutting of the residue of that issue and for recalling backe of the vvhole title to the onelie house of Yorke againe is like to plunge vs deeper then euer in ciuile discorde and to make vs the bayte of al forreine Princes seing ther be among them at this daye some of no small The Line of Portugalle povver as I haue said vvho pretend to be the next heires by the house of Lancaster and consequentlie are not like to giue ouer or abandone their ovvn right if once the doore be opened to contention for the same by disanulling the Line of K. Henrie the seuenth vvherin onelie the keies of al concord remaine knit together And albeit I knovv vvel that such as be of my Lord of Huntingtons partie vvil make small accompte of the title of Lancaster as lesse rightfull a great deale then that of Yorke and I for my parte meane not greatlie to auovve the same as novv it is placed being my selfe no fauourer of forreine titles yet indifferent men haue to consider hovv it vvas taken in tymes paste and hovv it may againe in tyme to come if contention should arise hovv manie Noble personnages The olde estimation of the house of Lancaster of our Realm did offer them selues to die in defence therof hovv manie othes lavves vvere giuen receiued throughout the Realm for maītenaunce of the same against the other house of York for euer hovv manie vvorthy kinges vvere Crovvned reigned of that house race to vvit the fovver moste noble Hēries one after an other the fourth the fift the sixt and the seuenth vvho both in nūber Gouernment Sanctitie Courage and feares of armes vvere nothing inferior yf not superior to thos of the other house and lyne of Yorke after the diuision betvvene the families It is to be considered also as a special signe of the fauour and affectiō of oure vvhole natiō vnto that familie that Henrie Earle of Richmond though
it is a general and common The rule of thirds rule of lavv that the vvyfe after the decease of her husband shal enioy the thyrd of his landes but yet the Queene shal not enioye the third parte of the Crovvn after the kings death as vvel appeareth by experience and is to be seene by lavv Anno. 5. 21. of Edvvard the third and Tennant by courtisie Anno. 9. 28. of Henrie the sixte Also it is a common rule that the husband shal hold his vvyues lands after her death as tennaunt by courtisie duringe his life but yet it holdeth not in a kingdom In like maner it is a general and common rule Diuision among daughters that if a man die seased of lād in fee simple hauing daughters and no sonne his landes shal be deuided by equal portions among his daughters vvhich holdeth not in the Crovvn but rather the eldest daughter inheriteth the vvhole as if she vvere the issue male So also it is a common rule of our lavv Executours that the executour shal haue al the goodes and chattels of the testatour but yet not in the Crovvn And so in manie other cases vvhich might be recited it is euident that the Crovvn hath priuiledge aboue others and can be subiect to no rule be it neuer so general except expresse mention be made therof in the same lavv as it is not in the former place and a statute alleaged but rather to the contrarie as after shal be shevved ther is expresse exception for the prerogatiue of such as descend of Royal blood Their second reason is for that the demaund or The secōd reason title of a Crovvn cannot in true sense be comprehended vnder the vvordes of the former statute forbidding Aliens to demaund heritage vvithin The Crovvn no such inheritaunce as is meant in the statute the alegiaunce of England and that for tvvoe respectes The one for that the Crovvn it self cannot be called an heritage of alegiaunce or vvithin alegiaunce for that it is holden of no superior vpon earth but immediatelie from God him self the seconde for that this statute treateth onlie and meaneth of inheritaunce by discēt as heire to the same for I haue shevved before that Aliens may holde lādes by pourchase vvithin our dominion then say they the Crovvn is a thing incorporat descēdeth not according to the cōmon course of other priuate inheritaunces but goeth by succession as other incorporations do In signe vvherof it is euident The Crovvn a corporation that albeit the king be more fauoured in al his doinges then anie common person shal be yet cannot he auoide by lavv his grauntes and letters patentes by reason of his nonage as other infantes common heires vnder age may do but alvvayes be said to be of ful age in respecte of his Crovvn euen as a Prior Person Vicare Deane or other person incorporat shal be vvhiche cannot by anie meanes in lavv be said to be vvithin age in respect of their incorporations VVhich thing maketh an euident difference in our case frō the meaning of the former statute for that a Prior Deane or Person being aliens and no denizens might alvvayes in tyme of peace demaund landes in England in respect of their corporations notvvythstanding the sayd statute or common lavv against aliens as apeateth by manie boke cases yet extant as also by the statute made in the tyme of K. Richard the secōd vvhich vvas after the foresaid statute of king Edvvard the third The third reason is for that in the former statute The third reason it selfe of K. Edvvard ther are excepted expreslie frō this general rule INFANTES DV ROY that is the The Kīgs issue excepted by name kings ofspring or issue as the vvord INFANT doth signifie bothe in Fraunce Portugale Spaine and other countries as the latin vvord liberi vvhich ansvvereth the same is taken commonlie in the L. liberorum F. de verb sign Ciuil lavv Neither may vve restreine the french vvordes of that statute INFANTES DV ROY to the kings childrē onlie of the first degre as some do for that the barraynnes of our lāguage doth yeld vs no other vvorde for the same but rather that therby are vnderstood as vvel the nephevves and other discendantes of the king or blood Royal as his immediate children For it vvere both vnreasonable and ridiculous to imagine that K. Edvvar◠by this statute vvould goe about to disinherit hi◠ovvn nephevves yf he shoulde haue any borne ou◠of his ovvn aleagiaunce as easilie he myght a◠that tyme his sonnes being much abrode from England and the blacke Prince his eldest sonne hauing tvvoe children borne beyonde the seas and consequentlie it is apparent that this rule o◠Maxima set dovvn against Aliens is no vvay to be stretched against the descendantes of the king or of the blood Royal. Their fourth reason is that the meaning of king The fovvrth reason The kīgs meaning Edvvard and his children liuing at such tyme as this statute vvas made could not be that anie of their linage or issue might be excluded in lavv from inheritaunce of their right to the Crovvn by their forreine byrth vvhersoeuer For othervvise it is not credible that they vvould so much haue dispersed their ovvn bloode in other countries as they did by giuing their daughters to straungers and other meanes As Leonel the The matches of England vvyth forreyners kinges third sonne vvas married in Millan and Iohn of Gaunte the fourth sonne gaue his tvvoe daughters Phylippe and Katherine to Portugal Castile and his neipce Ioan to the king of Scottes as Thomas of VVoodstock also the yongest brother married his tvvoe davvghters the one to the king of Spain and the other to the Duke of Brytane VVhich no doubt they being vvyse Princes and so neere of the bloode Royal vvould neuer haue done yf they had imagined that herebie their issue should haue lost al clayme and title to the Crovvn of England and therfore it is moste euident that no such barre vvas then extante or imagined Their fift reasō is that diuers persons borne out The fifte reason Exāples of forreiners admitted of al English dominion and aleagiaunce both before the conquest and sithence haue bene admitted to the succession of oure Crovvne as lavvful inheritours vvythoute anie exception againste them for theyr forreyne byrthe As before the conquest is euident in yong Edgar Etheling borne in Hungarie and thence called home to inherit the Crovvn by his great vncle king Edvvard the Confessor vvith ful consent of the vvhole Realm the Bishop of VVorcester being sent as Ambassador to Flores hist An. 1066. fetch him home vvith his father named Edvvard the ovvtlavve And since the conquest it appeareth plainlie in kinge Stephen and kinge Henrie the seconde bothe of them borne out of English dominions and of Parentes that at their birth vvere not of the English alleagiaunce and yet vvere they both