magis Beside that I wolde faine knowe by what reason might a man saie that they of the kinges bloudd borne owte of the allegiance of Englande maye inherite laÌdes with in this realme as heires vnto theire Auncetours not beinge able to inherite the crowne Trewelie in myne opinion yt were against all reason But on the coÌtrarie side the verye force of reasoÌ muste driue vs to grauÌte the like Yea more greate aÌd ample priuilege and benefitt of the lawe in the successioÌ of the crowne For the royall bloude where soeuer yt be fownde The royall bloud bearethe hys honour withe yt wheresoeuer yt be will be taken as a praecious and singuler Iewell and will carrye with yt his worthie estimation aÌd honour with the people and where yt ys dewe his right with all By the ciuill lawe the right of the inheritance of priuate persons ys hemmed and ynched with in the baÌdes of the tenthe degree Vide Ant. CorsetuÌ de potest excell regia q. 106 The bloude royall ronnethe a farther race and so farther race aÌd so farre as yt maye be fownde where withe the greate aÌd mightie coÌquerers are gladde and fayne to ioyne with all euer fearinge the weaknes of theire bloudie sworde CoÌquerers gladde to ioynewith the royall bloude in respecte of the greate streÌgth and force of the same For this cause was Henrie the firste called for his learninge aÌd wisdome Beauclerke gladde to consociate and cupple him selfe with the Auncient royall bloude of the Saxones Henrie the first which coÌtinewinge in the princely successioÌ from worthy kinge Alured was cutt of by the deathe of the good kinge Edwarde And by the marienge of Mathildis beinge in the fowrthe degree in liniaâl discente to the saide kinge Edwarde Was reuiued and revnited From this Edvvarde the Quene of Scottes as vve haue before shewed takethe her noble anciente petigrevve Theis then and diuers other reasons cavses moo maie be alleaged for the vvayeÌge aÌd settiÌge forthe of the trevve meaniÌge inteÌte of the saide l. vve Novve in case theis tvvo cavses coÌsideratioÌs vvill not satisfie the adversarie We will adioyne ther vnto a thirde Whiâhe he shall never by any good honeste shifte avoide And that ys the vse aÌd practise of the realme aswell in the time foregoinge the saide statute as after vvarde We stande vpon the interpretatioÌ of the coÌmon lavve recited declared by the saide statute And hovve shall vve better vnderstaÌde vvhat the lavve ys therin l. fi ff de le theÌ by the vse and practise of the saide lavve CoÌmoÌ vse aÌd practise the beste interpretation of the lavve For the beste interpÌtatioÌ of the lawe ys custome But the realme before this statute admitted to the crovvne not onlie kinges children and others of the first degree but also of a farther degree And suche as vvere plainely borne ovvte of the kinges allegiaÌce The foresaide vse and practise appearetheâ EodeÌ Anno Rex cuÌ in diebus suis êcessissââ AeldreduÌ VigornieÌsem EpÌum ad regem Hungar. traÌsmitteÌs reuocauit inde filiuÌ fâis sui EdmuÌdi Edvvardum cuÌ tota familia sua vt vel âpse vel filij eiê° sibi succederent in regnum Flor. âist An. 1057 ⪠Flor. hist. 1066. vell before as sithens the time me of the conqueste Amonge other kinge Edvvarde the coÌfessour beinge destitute of a lavvfull heire vvith in this realme sent iÌto HuÌgarie for Edward his nepheve surnamed Owtlavve sonne to kinge Edmunde called IroÌside after many yeares of his exile to retorne into EnglaÌde to the intente the saide Ovvtlavve shoulde inherite this realme which neverthelesse came not to effecte by reason the saide Ovvtlavve died before the saide kinge Edward his vncle After vvhose deathe the saide kinge appointed Eadger EtheliÌge soÌne of the saide Ovvtlavve beiÌge his nexte cosen aÌd heire as he vvas of right to the crovvne of EnglaÌde And for that the saide Eadgar vvas then but of yoÌge and reÌder yeares aÌd not able to take vpoÌ him so greate a gouernemente the saide kinge coÌmitted the protection asvvell of the yonge PriÌce as also of the realme to Harold Earle of kente vntill suche time as the saide Eadger had obteined perfecte age to be able to Weilde the state of a kinge Aelred RhievaleÌs de regib Which Harolde neverthelesse coÌtrarie to the truste supplaÌted the saide yoÌge Prince of the kingdome Anglor ad regem Henr. 2. aÌd putt the crovne vpoÌ his owe head By this yt ys apparante that forrain birthe was not accompted of before the time of the coÌqueste a iuste cause to repell and reiecte any man beinge of the nexte proximitie in bloude from the title of the crowne And thowghe the saide kinge Edwarde the confessors will aÌd purpose toke not suche force aÌd effecte as he desidered and the lawe craued yet the like successioÌ toke place effectuouslie in kinge StepheÌ and kinge Henrie the seconde Kinge Stephen and k. H. 2. as we haue alredie declared Neither will the aduersaries shifte of forriners borne of father and mother which be not of the kinges alleageance helpe him For as muche as this clawse of the saide statute ys not to be applied to the kinges childreÌ The adâer saries seamed by imaginatioÌ that kinge HeÌry the 2 shouldecome to the crowne by compositioÌ aÌd not by êximitie of bloudâ but to others as appearethe in the same statute And theis two kinges Stephen and Henrie the seconde as they vvere borne in a forraine place so theire fathers and mothers vvere not of the kinges alleageance but mere aliens and strangers And hovve fonde notoriouse a vaine thinge yt ys that the aduersarie vvolde persvvade vs that the saide kinge Henrie the secoÌde rather came in by force of a composition then by the proximitie and nearenes of bloude I leaue yt to everie man to consider that hath any manner of fealinge in the discourse of the stories of this realme The composition did procure him quietnes aÌd reste for the time vvith a good and suer hope of quiet aÌd peaceable entraÌce also after the death of kinge StepheÌ And so yt follovved in * Rex Stepha nê° cuÌ hereââ viduatuspÌter solummodo duceÌ HenricuÌ recogâouit in coÌueÌtu âpiscopoâuÌ alioruÌ de regno optimatuÌ ê dux HeÌ ius hereditariuÌ in regnuÌ Angliae habebat dux benigne concâssit vt Rex Stephanus tota vita sua suuÌregnuÌ pacifice possideret âta tameÌ coÌfirmatuÌ est pactuÌ qd ipse rex ipsi tune pÌseÌtes cuÌ caeterisregni optimatibus iurareÌt qd dux H. post morteÌ regis ãâã superuiueret reguuÌ fine aliqua contradictione obtineret deede but there grevve to him no more right thereby theÌ was duë to him before for he was the trewe heire to the crowne as appearethe by Stephen his aduersaries ovvne confession Henrie the firste married his davvghter Mathildie to Henrie the Emperour by vvhom he had no children
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌde After vvhose deathe she retorned to her father yet did kinge HeÌry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ the saide kinge did reuiue aÌd renevve the like othe of allegeaÌce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌde imagination to vvchyngeâk Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌge other thinges by kinge Richard the secoÌd who succeded his grandfather kinge Edwarde the thirde which Richarde had diâers worthy aÌd noble vncles who neither for lacke of knowledge coulde be ignoraÌte of their right Diuersitie of opinioÌs towchinge the vncle aÌd nephewe whether of them ovvght to be preferred in the royall gouernemeÌt neither for lacke of Frendes cowrage aÌd power be enforced to forbeare to chaleÌge theire title aÌd intereste yet shoulde he haue had some countenance of reason aÌd êbabilitye by cause many argumeÌtes aÌd the authoritie of many learned aÌd notable ciuiliaÌs do coÌcurre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ taken for other then for an vsurper by excludinge him The possessioÌs of the crowne of ânglands that were beyoÌde the seas seased into the Frenche kiÌgs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ by the practise and ambitioÌ of Quene Elenour hys mother aÌd by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ hym self which moste fowle and shamefull acte the saide IohnÌ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌde And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâhur in Bristowe castle where she miserablie ended her life Yf that gaâe Maxime wolde have serued to have excluded theis two children by cawse theye were straÌgers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ that the birthe owte of the legeance of Englande by father aÌd mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌde beinge then at dissention with the saide kinge IohnÌ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌs kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌche kinges sonne claimed the crovne of this realme iÌ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France â Pro here ditatevxoris iâre scilicet neptis Reg Io. vsque âd mortem ãâã necessitas exigeret decertabâ pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌples are sufficieÌte I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâaued for a good suer aÌd substanciall interpÌtation of the coÌmon lawe And yt were not altogether froÌ the purpose here to coÌsider aÌd weighe with what aÌd howe greauouse plagues this realme hath bene ofte afflicted aÌd scowrged by reason of wroÌgfull aÌd vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌd noÌber of the same plagues aswell otherwise as especiallie by the contentioÌ of the noble howses aÌd famelies of yorke aÌd LaÌcaster ⪠Seinge yt ys so fortunatelie and almoste with in maÌs remeÌbraÌce extiÌctâ aÌd buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌr Hunt histâ Angliae li. 6. I will nowe putt the gentle Reader in remeÌbraÌce of those onlie with whose vsurpinge titles we are nowe pÌsentlie in haÌde And to begiÌne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
kinge Henries deathe the heires of the bodye of the saide Ladye Frances begotten vvere vncertaine yet at suche tyme as the sayde remainder shoulde happen to fall the saide heires might then certainlye be knowen In deede I vvill not denye but that paraduenture they might be then certaynlie knoweÌ but what greate mischeiffes and inconueniences might haue ensewed and yet maye yf the vvill take place vpon that êaduenture and vncertaine limitation I vvolde vvishe all men vvell to note and consider Yt ys not to be doubted but that yt might haue fortuned at suche time as the remainder shoulde happen to fall to the saide heires of the Ladye Frances the same Ladie Frances shoulde then be also liuinge Who I praye you then shoulde haue had the crowne Paraduenture ye wolde saye the heyâes of the bodye of the Ladye Eleââour to whom the next remainder vvas appointed Vndowbtedlie that were coÌtrarie vnto the meaninge of the saide supposed wyll For so muche as the remainder ys ther by limited vnto the heyres of the bodie of the ladie Elenour onlie for defaulte of issewe of the saide Ladie Frances Whereby yt maye be very plainlie gathered vpon the saide supposed wyll that the meanynge therof was not that the Chyldren of the Ladie Elenour shoulde enioye the crowne before the Chyldren of the Ladie Frances But what yf the sayde Ladie Elenour had bene then also lyvinge wich myght have happened for as muche as bothe the saide ladie FraÌces and Ladie Elenour by coÌmon cowrse of nature myght have lived longer then vntyll thys daye Who then shoulde have had the crowne Trewlie the ryght heyre whom thys supposed wyl mente to exclude so longe as there shoulde remaine any issewe eyther of the bodie of the saide Ladie Fraunces or of the bodie of the saide Ladie Elenour lawfullie begotteÌ And therfore quite contrarie to the meaÌninge of the saide supposed wyll Wherefore I do verelie thincke that yt woulde hardelie syncke into any reasonnable mans head that had anye experience of the greate wisdome and advised doinges of kinge Henrye the eyght abowte other matters beynge of nothinge like weyght that he wolde so slenderlie so vnadvisedlie and so vnlearnedlie dispose the succession of the crowne Where vpon the whole estate of thys Realme dothe depende in suche Wyse that they to whome he ment to geve the same by hys will coulde not enioy yt by the lawe Where vpoÌ ye maye plainlie see not onlie the greate vnlikely hodde that kinge Henrie the eight wolde make any suche will with suche slender advice But also that by the limitation of the saide will the succession of the crowne ys made more vncertaine and dowbtefull theÌ yt was before the makinge of the saide Actes of Parliamente which ys contrarie to the meaninge and inteÌte of the saide Actes and therefore with owte anie sufficiente warrante in Lawe But paradventure some here will saye that althowghe theis dangers aÌd vncerteinties might have ensewed vpon the limitation of the said ⪠vvill yet for as muche as they haue not happened neither be like to happen they are therefore not to be spoken of Yes verilie yt was not to be omitted For althovvghe theys thinges haue not happened and there fore the more tollerable Yet for as muche as theye myght haue happened by the limitation of the saide supposed will contrarie to the meaninge of the saide actes the vvill caÌ not by any meanes be saide to be made accordinge to the meaninge and intente of the makers of the saide statutes And therefore in that respecte the saide will ys insufficient in lawe And to aggravate the matter farthere ye shall vnderstande of greate incoÌveniences and imminent dangers which as yet are lâkelie to ensevve yf that supposed will shoulde take place Yt ys not vnknoweÌ but that at the time of the makinge of the saide will the saide Ladie Frances had no issewe male but onlie three dawghters betwene her and Henry Duke of Suff. Aftervvarde in the time of our late Sovereigne Ladie Quene Marie the saide Duke of Suff was attainted aÌd sufferid accordinglie After whose deathe the saide Ladie FraÌces to her greare dishonour and abasinge of her self toke to her husbande one Adrian Stockes who was before her seruaÌte a man of verie meane estate and vocation and had issewe by him Whiche issewe yf yt were a sonne aÌd be also yet livinge by the wordes of the saide supposed will ys to inherite the crowne of this Realme before the dawghters betwene her and the sayde late duke of Suff. begotten Which thing was neither intended nor ment by the makers of the saide Actes Who can withe any reason or common defense thincke that all the states of the Realme assembled together at the saide ParliameÌte did meane to geve auctoritie to Kinge Henry the eight by hys lettres patentes or laste Will to disherite the Quene of Scottes liniallie disceÌded of the bloude Roiall of this Realme and to appointe the sonne of Adrian Stokes then a meane servinge man of the Duke of Suff. to be Kinge and governour over this noble Realme of Englande The incoÌvenience wherof as also of the like that might have followed of the pretensed mariage of Maistre Keyes the late sergeante Porter I referre to the grave consideratioÌs and iudgemeÌts of the hoÌnorable and worshipfull of this Realme Some paradventure will saie that kinge Henrie the eight mente by his will to dispose the crowne vnto the heires of the bodie of the saide Laide Frances by the saide Duke lawfullie begotten And not vnto the heires by any other person to be begotten Wiche meaninge althowghe yt myght verie hardlie be gathered vpon the saide supposed will yet can not the same be with owte as greate incoÌuenieÌces as the other For yf the crowne shoul de nowe remaine vnto the heires of the bodie of the saide Ladie Fraunces by the saide Duke begotten then shoulde yt remaine vnto two dawghters iointelie they bothe beynge termed and certainlie accoÌpted in lawe but one heire And by that meanes the state and governement of thys Realme shoulde be changed from the auncient Monarchie vnto the governemente of manie For the title of the Ladie Fraunces beynge bywaye of remainder wich ys compted in lawe a ioynt purchase dothe make all the issue female inheritable alyke and can not goe accordinge to the aunciente lawe of a discente to the crowne Wich ys that the crowne by disceÌte muste goe to the eldeste dawghter onlye as ys afore saide For greate differeÌces be in lawe where one cometh to any title by discente and where as a purchasser And also yf the one of those issewe female dye theÌ were her heire in the title as a severall tenante in taile And so there shoulde followe that so many dawghters so manie generall governours and so myght theire issewe beynge heyres females make the governemeÌt growe infinit which thinge was moste farre from the meaninge of the makers of the saide parliamente What yf the saide Kynge had by hys