Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	henry_n	king_n	marry_v	5,109	5	9.3955	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A05353	A treatise concerning the defence of the honour of the right high, mightie and noble Princesse, Marie Queene of Scotland, and Douager of France with a declaration, as wel of her right, title, and interest, to the succession of the croune of England: as that the regiment of women is conformable to the lawe of God and nature. Made by Morgan Philippes, Bachelar of Diuinitie, An. 1570.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France	Leslie, John, 1527-1596.	1571 (1571)	STC 15506; ESTC S106704	132,510	314

and intent of the said law Now in case these two causes and cōsiderations wil not satisfie th Aduersarie we wil adioine therevnto a third which he shal 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 We stand vpon the interpretation of the cōmon law recited and declared by the said statute And 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 lawe is custome 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 such as were plainely borne out of the Kings allegeance The soresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other King Edward the Confessour being destitute of a lawful Heire within the Realme sent into Hūgary for Edward his Nephew surnamed Outlaw son to King Edmūd called Irōside after many yeres of his exile to returne into Englād to th' intent the said Outlaw should inherite this Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the said king Edward his Vncle. After whose death the said king apointed Eadgar Etheling sonne of the said Outlaw being his next cosen and heire as he was of right to the Croune of Englād And for that the said Eadgar was but of yong and tender yeares and not able to take vpō him so great a gouernement the said king cōmitted 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 weld the state of a King Which Harold neuerthelesse cōtrary to the trust supplanted the said yong Prince of the Kingdome and put the Croune vpon his own head By this it is apparent that foraine birth was not accōpted of before the time of the Cōquest a iust cause to repel and reiect any man being of the next proximitie in blood frō the Title of the Croune And though the said king Edward the Cōfessors wil and purpose toke no such force and effect as he desired and the law craued yet the like succession toke place effectuously in king Stephen and king Hēry the secōd as we haue already declared Neither wil th' Aduersaries shift of foramers borne of father and mother which be not of the kings alegeāce help him forasmuch as this clause of the said statut is not to be applied to the kings childrē but to others as appeareth in the same statute And these two kings Stephē and Henrie the 2. as they were borne in a forain place so their fathers and mothers wer not of the kings allegeāce but mere Aliens and strāgers And how notorious a vaine thing is it that th' Aduersarie would perswade vs that the said K. Henrie the secōd rather came in by force of a cōposition then by the proximitie and nearenes of blood I leaue it to euery man to cōsider that hath any maner of feling in the discours of the stories of this realm The cōpositiō 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 therby then 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 childrē And no dout in case she had had any children by th'Emperour they should haue ben heires by succession 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 after 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 France Whervpon the said King did reuiue and renue the like othe of allegeāce aswel to her as to her sonne after her With the like false persuasiō the Adueruersarie abuseth him selfe and his Reader touching Arthur Duke of Britanie Nephew to King Richard the first As though forsooth he were iustly excluded by Kinge Iohn his vncle by cause he was a forainer borne If he 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 this Realme as may wel appeare among other thinges by King Richard the second who succeded his grādfather 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 chalenge their title and interest yet should he haue had some countenance of reason and probabilitie bicause many arguments and 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 kingdom a sufficiēt 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 most vnsure and false ground seeing it is moste true that King Richard the first as we haue said declared the said Arthur borne in Britanie and not son of a King but his brother Geffreys sonne Duke of Britanie heire apparent his vncle Iohn yet liuing And for such a one is he taken in al 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 then for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away For the which facte the French King seased vpon al the goodly Coūtries in France belonging to the King of England as forfeited to him being the chiefe Lorde By this outragious deede of King Iohn we lost Normandie withall and our possibilitie to the inheritance of all Britanie the right and Title to the said Britanie being dewe to the said Arthur and his heires by the right of his mother Constance And though the said king Iohn by the practise and ambition of Quene Elenour his mother and by the special procurement of Huberte then Archebishop of Caunterburie and of some other factious persons in Englād preuēted the said Arthur his nephew as it was easy for him to do hauing gotten into his handes al his brother Richardes treasure by sides many other rentes then in England and the said Arthur being an infante

Liberi Therefore doo we supply it as wel as we may by this worde children The Spaniardes also vse this worde Infantes in this ample sorte when they call the nexte heire to the heire apparēt Infant of Spaine euen as the late deceased Lorde Charles of Austrich was called his father and grandfather then liuing Yf then the original word of the statute declaring the said rule may naturally and properly apperteine to al the Descendants why should we straine and binde it to the first degree only otherwise then the nature of the worde or reason wil beare For I suppose verely that it wil be very harde for the Aduersarie to geue any good and substantial reason why to make a diuersitie in the cases But touching the contrarie there are good and probable consideratiōs which shall serue vs for the seconde cause As for that the grādfathers cal their nephewes as by a more pleasant plausible name not only their children but their sonnes also and for that the sonne being deceased the grādfather suruiuing not only the grādfathers affection but also such right title and interest as the sonne hath by the lawe and by proximitie of blood growe and drawe al to the nephew who representeth and supplieth the fathers place the father and the sonne being compted in person and in flesh in maner but as one Why shal then the bare and naked consideration of the external and accidental place of the birth only seuer and sunder suche an entier inwarde and natural coniunction Adde therevnto the many and great absurdities that may hereof spring and ensue Diuerse of the Kinges of this Realme as wel before the time of King Edwarde the third in whose time this statute was made as after him gaue their daughters out to foraine and sometimes to meane Princes in mariage Which they would neuer so often times haue done if they had thought that whyle they wente about to set forth and aduance their issue their doinges should haue tended to the disheriting of them from so great large and noble a Realme as this is which might haue chanced if the daughter hauing a sonne or daughter had died her father liuing For there should this supposed Maxime haue ben a barre to the children to succede their grandfather This absurditie would haue bene more notable if it had chanced about the time of King Henry the secōd or this king Edward or king Henry the firste and sixte when the possessions of the Croune of this Realme were so amply enlarged in other Countries beyond the seas And yet neuer so notable as it might haue bene hereafter in our fresh memorie and remēbrance if any such thing had chanced as by possibilitie it might haue chanced by the late mariage of King Philippe and Queene Marie For admitting their daughter maried to a foraine Prince should haue dyed before them she leauing a sonne suruiuing his father and grandmother they hauing none other issue so nigh in degree then would this late framed Maxime haue excluded the same sonne lamētably and vnnaturally from the succession of the Croune of Englande and also the same Croune from the inheritance of the Realmes of Spain of both Sicilies with their appurtenāces of the Dukedō of Milan and other landes and Dominiōs in Lumbardy and Italie as also from the Dukedomes of Brabant Luxēburg Geldres Zutphan Burgundie Friseland from the Countreies of Flandres Artois Holland Zealād and Namurs and from the new found lands parcel of the said Kingdome of Spaine* Which are vnlesse I be deceued more ample by dubble or treble then al the Countreies now rehearsed Al the which Countreies by the foresaid Mariage should haue bene by al right deuolued to the said sonne if any such child had bene borne If either the same by the force of this iolye newe found Maxime had bene excluded from the Croune of England or the saide Croune from the inheritance of the foresaid Countreies were there any reason to be yelded for the maintenance of this supposed rule or Maxime in that case Or might there possibly rise any commodity to the Realme by obseruing therein this rigorous pretensed rule that should by one hundred part counteruaile this importable losse and spoile of the Croune and of the lawful inheritour of the same But perchance for the auoiding of this exception limited vnto the blood roial some wil say that the same was but a priuilege graunted to the Kinges children not in respect of the succession of the Croune but of other landes descending to them from their Auncestours Whiche although we might very wel admit and allow yet can it not be denied but that the same priuilege was graūted vnto the Kinges children and other descendantes of the Blood roial by reason of the dignity and worthines of the Croune which the King their father did enioy and the great reuerence which the law geueth of dewtie therevnto And therefore if ye would go about to restraine and withdraw from the Croune that priuilege whiche the lawe geueth to the Kinges children for the Crounes sake ye should doo therein contrarie to al reason and against the rules of the Arte of Reasoning which saith that Propter quod vnumquodque illud magis Byside that I would faine knowe by what reason might a man saye that they of the Kinges Bloodde borne out of the allegeaunce of Englande maye inherite landes within this Realme as heires vnto their Ancestours not being able to inherite the Croune Truly in mine opinion it were against al reason But on the contrarie side the very force of reason muste driue vs to graunt the like Yea more great and ample priuilege and benefit of the law in the succession of the Croune For the Roial blood where so euer it be found wil be taken as a pretious and singuler Iewel and wil carie with it his worthie estimation and honour with the people and where it is dew his right withal By the Ciuil law the right of the inheritance of priuate persons is hemmed and inched within the bandes of the tenth degre The Blood roial runneth a farther race and so farre as it may be found wherewith the great and mightie Conquerors are glad and faine to ioine withal euer fearing the weaknes of their blooddie sworde in respect of the greate force and strength of the same For this cause was Henrie the firste called for his learning and wisedome Beauclerke glad to consociate and couple him self with the auncient Roial blood of the Saxons which cōtinuing in the Princely Successiō 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 revnited From this Edward the Queene of Scotlād as we haue before shewed taketh her noble auncieht Petigrue These then and diuers other reasons and causes mo may be alleaged for the waying and setting foorth of the true meaning

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 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 general authoritie to do any thing seemeth not to geue him authoritie to do that thing which he would not haue graunted if his minde therein had bene seuerally and specially asked and required Againe general wordes either of the Testatours or of suche as make any contract and especially of statutes touching any persons to doe or enioy any thing ought to be restrained and referred to hable mete and capable persons only It is further more a rule and a Principle that statutes must be ruled measured and interpreted according to the minde and direction of the general and common lawe Wherefore 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 ease there were any such surmised impediment as also on the other side likewise if there were no such supposed impedimēt For here an other rule must be regarded whiche is that in Testaments Contractes and namely in statutes the generalitie of wordes must be gently and ciuilly moderated and measured by the common law and restrained when so euer any man should by that generalitie take any dāmage and hurte vndeseruedly Yea the Statute shal rather in that case ceasse and quaile and be taken as void As for example it appereth by the Ciuil law that if it be enacted by statute in some Cities that noman shal pleade against an Instrument no not the Executour yet this notwithstanding if th'Executour make a true and perfect Inuentarie of the goodes of the Testatour if he deale faithfully and truely rather then he should wrongfully and without cause paie the Testatours debt of his owne he may come and pleade against the Instrument Wherefore the Kinges doings seeme either muche defectiue in the said Ladie Francis and Ladie Elenour or much excessiue in their children And so though he had signed the said Wil with his hand yet the said doings seme not cōformable to the mind and purpose of the Parlamēt We wil now go forward and propound other great and graue cōsiderations seruing our said purpose and intent Whereof one is that in limiting the Croune vnto the heires of the bodie of the Ladie Francis the same Ladie then and so long after liuing the said King did not appoint the Succession of the Croune according to th' order and meaning of the honourable Parlament forasmuch as the said Acte of Parlament gaue to him authoritie to limite and appoint the Croune to such person or persons in reuersion or remainder as should please his Highnes Meaning thereby some person certaine of whom the people might haue certaine knowledge and vnderstanding after the death of King Henrie the eight Which persons certaine the heires of the Ladie Francis could not by any meanes be intended forasmuch as the said Ladie Francis was then liuing and therfore could then haue no heires at al. By reason wherof the people of this Realme could not haue certaine knowledge and perfit vnderstanding of the Succession according to the true meaning and intent of the said Acte of Parlament 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 wil not deny but that peraduenture they might be then certainly knowen But what great mischieffes and inconueniences might haue ensewed and yet may if the Wil take place vpon that peraduenture and 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 shuld happē to fal to the said heires of the Ladie Frācis the same Lady Frācis should then be also liuing who I pray you then should haue had the Croune Paraduēture ye wold say the heires of the body of the Ladie Elenor to whō the next remainder was apointed Vndoubtedly that were cōtrarie to the meaning of the said supposed Wil forsamuch as the remainder is therby limited vnto the heires of the body of the Ladie Elenour only for default of issue of the Ladie Francis. Wherby it may be very plainly gathered vpō the said supposed Wil that the meanīg therof was not that the childrē of the Lady Elenour should enioye the Croune before the children of the Lady Francis. But what if the said Ladie Elenour had ben then also liuing which might haue happened forasmuch as both the said Ladie Frācis and Ladie Elenour by common course of nature might haue liued longer then vntil this day who then should haue had the Croune Truly the right Heyre whome this supposed Wil 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 Elenour lawfully begotten And therefore quite contrarie to the meaning of the said supposed Wil. Wherfore I doe verely thinke that it would hardly sinke into any reasonable mans head that had any experience of the great wisdom and aduised doings of King Hēry the eight about other matters being of nothing like weight that he would so slenderly and so vnaduifedly dispose the successiō of the croune whervpon the whole estate of this Realme doth depend in suche wise that they to whom he meant to geue the same by his wil could not enioye it by the lawe Wherevpon ye may plainely see not only the great vnlikelihod that King Hēry the eight would make any such Wil with such slender aduise but also that by the limitation of the said Will the succession of the Croune is made more vncertaine and doubtful then it was before the making of the said Actes of Parlament Which is cōtrary to the meaning and intent of the said Actes and therfore without any sufficient warrant in law But peraduenture some here wil say that although these dangers and vncertainties might haue ensewed vpon the limitation of the said wil yet forasmuch as they haue not happened neither be like to happē they are therefore not to be spoken of Yeas verely it was not to be omitted For although these things haue not happened and therefore the more tolerable yet forasmuch as they might haue happened by the limitation of the said supposed Wil cōtrary to the meaning of the said Actes the Wil can not by any meanes be said to be made according to the meaning and intent of the makers of

the said statutes And therefore in that respect the said Wil is insufficient in lawe And to aggrauate the matter farther ye shal vnderstand of great inconueniences and imminent dangers which as yet are likely to ensue if that supposed Wil should take place It is not vnknowen but that at the time of the making of the said Wil the said Ladie Francis had no issue male but onely three daughters betwene her and Henrie Duke of Suffolke Afterward in the time of our late soueraigne Ladie Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him Which issue if it were a son and be also yet liuing by the wordes of the said supposed Wil is to inherite the Croune of this Realme before the daughters betwene her and the said late Duke of Suffolke begottē which thing was neither intended nor meant by the makers of the said Actes Who can with any reason or common sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his Letters Patēts or last Wil to disherit the Queene of Scotland lineally descended of the blood roial of this Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King and Gouernour ouer this noble Realme of Englād The inconueniences whereof as also of the like that might haue followed of the pretēsed Mariage of M. Keies the late Sergeante Porter I referre to the graue consideratiōs and iudgementes of the honorable and worshipful of this Realme Some peraduenture wil say that King Henry the eight meant by his Wil to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten and not vnto the heires by any other person to be begottē Which meaning although it might very hardly be gathered vpon the said supposed Wil yet can not the same be without as great inconueniences as the other For if the Croune should nowe remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of this Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is compted in law a ioynt purchase doth make all the issue female inheritable a like and cannot go according to the ancient law of a descēt to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differēces be in law where one cometh to any Title by descent and where as a purchaser And also if th' one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors and so might their issue being heirs females make the gouernmēt grow infinite Which thing was most farre from the meaning of the makers of that Acte of Parlamēt What if the said King had by his last Wil disposed this realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example Wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent this Realme into partes Had this ben according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto heires of the body of the said Lady Francis by the said supposed Wil. Now to cōplete and finish this our Treatise touching the Queene of Scotlāds Title to the fuccession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed Wil was signed with the Kings owne hand Let the heires of the Lady Francis come forth in Gods name and lay forth to the world their demaūd and supposed right against the said Q. of Scotlandes interest The Quene on th' other side to fortifie and strēgthen her claime laieth forth to the open sight of al the worlde her ●ust title and interest signed and alwaies afore this time allowed not onely as with the Seales but with the othes also of al the Kings that euer wer in Englād takē at the time of their Coronation for the cōtinuance of the lawes of this noble Realme of England signed and allowed I say almost of al the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Francis or others bring forth to groūd their iust claime and demaūd vpō When al is done they are faine to rūne and catche holde vpon King Henry the eightes written Wil signed with his owne hande Wel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original Wil. It is wel knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some authētical Record of the same It is also notorious that they can not If then the foundation of their claime being the Wil of such a Prince and of so late and fresh memorie made neither the original nor yet any good and worthy Recorde sufficiently authorised remaine of the same by what colour wil they exclude the saide Queene They must claime either by proximitie of blood or by Charter For the first nature hath excluded them Charter they haue none to shew They wil perchance crie out and complain of the losse and imbeaseling of the same and say that such a casualtie should not destroye and extinguish their right This were some thing perchance if it were in a priuate mās case It were somewhat if their demaūd did not destroy the cōmon law and the law of nature also It were somewhat if their supposed Charter were perished or by any frau dulēt meanes intercepted by the said Quene Vpon whom in this point it is not possible to fasten any the very least sinister suspiciō It were somewhat if they did not aspire to take gaine and lucre or if the Queene sought not to auoide dāmage For dāmage it is when any person is spoiled of any right due to him by law and reason And there is