A TREATISE DECLARING AND confirming against all obiections the just title and right of the moste excellent and worthie Prince IAMES the sixt King of Scotland to the succession of the croun of England WHEREVNTO IS ADDED A DISCOVRSE Shewing how necessarie it is for the Realme of England that he be in due time acknowledged and admitted to the succession of the Kingdome The Preface SEING the great diuersitie of opinions which is found in men of all Estates throughout this Realme concerning the Royall succession and fore-seing the manifest danger of ciuill and forraine warres which thence are lyke to ensue to the notable hurte and domage if not to the vtter ruine of this noble Kingdome except the subjects thereof bee in due time rightlie informed to whom by right the croun falleth next after her Maiestie I thought it my dutie being a member of one bodie with them trulie to informe so manie of them as I might concerning this matter by publishing this treatise wherein the right of the next lawfull successour is declared and confirmed against all obiections And for that I know it to be the opinion of sundry men that in this present controuersie it is not onlie to be considered to whom by right the croune appertaineth but also whether his admission may be auailable or hurtfull to the common wealth I thought good to adde to the saide declaration defence of his right a discourse shewing howe necessarie and expedient it is for the common wealth that hee be in due time acknowledged and admitted to the succession of this Kingdome Both which parts I haue brieflie handled thinking it ynough to proue and confirme them with a competent number of weighty and forceable arguments the rather for that the former part hath beene more at length declared and confirmed by others in treatises alreadie published and the other point is of it self so cleare and manifest as fewer reasons than I alledge may be sufficient for the certain proofe and euidencie therof I hope that you my deare countrie-men for whose instruction and behoofe I haue published this little pamphlet will thankfully accept this my good meaning and honest endeuour making your profite therof by embtacing and furthering so iuste and honorable a cause as is heere recommended vnto you and procuring thereby together with your owne safetie and advantage the peace honour prosperitie of this your natiue countrie With which happie fore-sight beseeching God to indue you I hartilie bid you fare-well IRENICVS PHILODIKAIOS The right of the King of Scotland by descent of kindred is declared BEing to declare who by all right is next to our soueraigne Ladie Queen Elizabeth in the succession of the kingdom I thought it needeles to draw the descent of such as with anie reason or probabilitie may after her Maiesties decease lay claime to the croun further of than from the vnion of the houses of Lancaster and York in the persons of the most renowmed King Henrie the seauenth and of Elizabeth eldest daughter to King Edward the fourth right and lawfull heires of both the Royall families For as for the Erle of Huntington and others descended from George Duke of Clarence youngest brother to King Edward the fourth they may not justlie be greeued if they be placed in rank after such as are lawfullie descēded from the heire of their own house of York joyned in mariage to the head of the familie of Lancaster And as for the king of Spaine and his sister the Infanta for whome farre sought titles haue beene forged by some fugitiue Persons of our own nation desiring for the alteration of Religion to make this flourishing common wealth a praie to the enemies therof I am perswaded there is none that hath the hart of a true subiect or naturall English-man how soeuer hee bee affected in Religion that will not vtterlie abhorre and detest the defending or approouing of anie such titles tending to the great dishonour and vtter subuersion of this Realm and to the notable disgrace of so manie worthie Princes as since the time of King Henrie the sixt hitherto therin haue reigned But desisting from the mention of titles no les false than odious I come to the orderlie descent of Henrie the seuenths progenie King Henrie the seuenth of that name had issue by Queene Elizabeth besides Prince Arthur and an other who deceased without succession Prince Henrie Ladie Margaret and Ladie Marie King Henrie the eight who succeeded to his father had issue King Edward Queene Marie and Queene Elizabeth now reigning Ladie Margaret eldest daughter to King Henrie the seauenth was maried to Iames the fourth King of Scotland who begat on her Iames the fift father to Marie Queen of Scotland Douagier of France whose onlie sonne and heire is King Iames the sixt who at this present reigneth and hath alreadie issue Prince Henrie Ladie Elizabeth and another daughter The said Queen Margaret after the death of King Iames the fourth was maried to Archibald Earle of Angus and by him had a daughter called the Ladie Margaret Dowglasse which was wife to Mathew Stewart Earle of Lenox by whome shee had two sonnes Henrie Lord Darlie and Charles whereof Henrie beeing the elder was ioyned in mariage to Marie Queen of Scotland and of her begat the king that now is And Charles the younger brother maried Elizabeth the daughter of Sir William Candish by whome he had one only daughter yet liuing named the Ladie Arbella Marie the younger daughter of King Henrie the seuenth after the decease of her first husband Lewes the twelth King of France by whome shee had no issue was maried to Charles Brandon Duke of Suffolke by whome she had two daughters Ladie Frances and Ladie Eleonor The Ladie Frances was maried to Henrie Gray Marques of Dorcester afterward Duke of Suffolke who begat of her three daughters Iane Katherine and Marie The eldest of them Ladie Iane was maried to Gilford Duldey the sonne of Iohn Duke of Northūberland of whom she had no issue being sone after her mariage put to death by Queene Marie for taking on her the croun Ladie Catherine first espoused to Henrie Harbert eldest sonne of William Erle of Pembroke this contract being dissolued had by the Earle of Hartford after a priuie contract made betwixt them as they both alledged the Lord Beauchamp and his brother who are yet liuing Ladie Marie the youngest who was betrouthed to Arthur Lord Gray of Wilton died without issue Ladie Eleonor the second daughter of Ladie Marie Duchesse of Suffolke was maried to Henrie Clifford Erle of Cumberland who had by her a daughter named Margaret that was married to Henrie Stanley Erle of Darbie by whome shee had issue Fernande William and Frances This is the orderlie succession of such as are descended from the vnion of both the Royall families of York and Lancaster whereby it is euident that the issue of King Henrie the eight failing in our soueraigne Ladie Queene Elizabeth the right of the
but rather great aduantage for that it would draw to it self the kingdome of Scotland as before it had done Normandie and Aquitaine with other prouinces the which answere gaue full satisfaction and contentment to the counsell The same answere also both in respect of the truth thereof and of the person that made it may justlie perswade vs that the admission of the King of Scotland to the croun is no wise vnlawfull or prejudiciall to the publique weale But besides all these reasons showing manifestlie that neither by anie maxime of the common Lawe nor by the wordes of the alledged statute nor yet by the practise and custome of our Realme an alien may bee repelled from succession to the kingdome when by right of blood it falleth to him there are other two reasons which in particular make for the King of Scotland The one reason is that Scottishmen are in our Chronicles accounted as subjectes by way of homage howsoeuer they denie it In respect whereof it seemeth that the auncient records making mention of seruice to be done within this Iland containe the frenche words Dens les quatre mers or the latine Infra quatuor maria within the foure seas in which bounds Scotland being within the North sea is comprised The other reason is that the former statute of king Edward the third is intituled Of them that are borne beyond the seas and that in the bodie of the same statute the doubt is mooued of children borne out of the alleageance of England beyond the seas whereby can not bee vnderstood Scotland it being a part of the same Iland By all which reasons the obiection of forraine birth is clearlie and sufficientlie auoided Wherefore I go on forward to the confutation of the pretended Testament of king Henrie the eight THE OBIECTION OF KING Henries pretended testament is confuted IN the 28 and 35. yeares of King Henries raigne vpon some doubt which then he himselfe seemed to haue about the order of succession in his owne children and for taking away all occasion of controuersie which after his death might arise thereupon the Parliament gaue authoritie to the king to debate and determine that matter himself wirh his learned counsell who best knew the lawes of the Realme titles that anie might haue to the croun and what succession he should declare as right lawful vnder his letters patents sealed or by his last will and testament lawfullie made and signed with his own hand that the same should be receaued for good and lawfull Vpon pretence whereof soone after the kings death there was shewed a will with the kings stamp at the same the names of diuerse witnesses wherin the succession of the croun after his own children was assigned to Ladie Frances and Ladie Eleonors successours who were neeces to the King by his youngest sister Which assignation being as it were a meere gift made to Frances and Eleonor in prejudice of his eldest sisters right was founde to bee against all law reason and nature and therefore not thought to proceed from so wise a Prince as king Henrie was but rather forged and the kings stamp set to by others either when he was past vnderstanding or after his death And heereof there want not most euident reasons and proofes First it is not credible that King Henrie would against lawe and justice disherite the line of his eldest sister and so giue occasion of ciuill and forrain wars especiallie seing in such a case of so apparent wrong in so great a matter hee might well fore-see that the authoritie of a Parliament would take little effect against the true lawfull inheritour as appeared not long before in Henrie the sixt Edward the fourth Richard the third In whose reignes diuerse and contrarie Parliaments made against the next inheritour held no longer with anie of them than while he was able to make his owne part good Secondlie there be manie incongruities and indignities in the said pretended will to proceed from such a Prince as King Henrie was For what can be more ridiculous than to giue the croune to Frances and Eleonors heires and not to themselues And yet by this Testament the sonne of Abraham Stokes who maried the same Frances after the death of her first husband the Marques of Dorset beeing but her owne seruant should haue claimed before her if he had had anie by her Of lyke absurditie is it that in the same Will the King is saide to binde his owne daughters to marie by direction of his counsell or otherwise to loose the benefite of succession whereas the daughters of his neeces Frances and Eleonor were not bound thereby to anie such conditioun Thirdlie there bee diuerse arguments alledged in law why this Will is not authenticall First for that it is not aggreable to the minde and meaning of the Parliament which intended onlie to giue authoritie for declaration of the true title and not for donation or intricating thereof Also for that there is no lawfull or authenticall copie extant of the same but onlie a bare inrolment in the Chancerie which is not sufficient in so waightie an affaire no witnesse of the priuie counsell or of the nobilitie to the same which could not haue wanted in so great a cause for the best of the witnesses therein named was Sir Iohn Gates whose miserable death is well knowne No publique notarie nor probation of the will before anie Bishop or anie lawfull court appointed for that purpose no examination of the witnesses or other things ordinarilie done for lawfull confirming of such a matter But of all other things this is of moste importance that the King neuer set his own hand to the foresaid Will but his stamp was set thereto by others either after his death or when hee was past remembrance which is confirmed by witnesses farre more worthie credite in respect of their degree and reputation than Sir Iohn Gates the others whose names were subscribed For first the Lord Paget in the beginning of Queene Maries daies being of her priuie counsell discouered the same of his owne accorde and vpon meere motion of conscience confessing before the whole counsell and after before the whole Parliament how that himself was priuie thervnto and partly also culpable being drawne thereto through the instigation forcible authoritie of others Also Sir Edward Montague Lord chief justice that had bene present and priuie to the same doings and one William Clerk that put the stamp to the paper confessed the whole premisses to be true Vpon which discouerie Queen Marie her counsel caused presentlie the said inrolment lying in the Chancerie to be cancelled defaced and abolished And since that time in hir Maiesties daies that now liueth about the 11. or 12. yeare of her reigne by occasiō of a certain book spred abroad at the same time verie secretlie for advancing of the house of Suffolke by pretence of this Testament the Duke of Norfolk the Marques of Winchester which
him whereof there wanteth not a great nomber of the moste honorable and best sorte from assisting and furthering him to the Kingdome The example heerof hath bene sene not manie ages past in some of our own Kings as namelie in Edward the fowrth and Henrie the seauenth For albeit Richard Duke of Yorke HOLING an 38. HEN 6. and Edward his sonne were attainted by act of Parliament and both they and their posteritie to the ninth degree therby excluded from succeeding to anie heritage yet Edward the fowrth esteeming himself as also he was accounted by a great part of the realme next to the crowne by right of succession wanted neither courage nor assistance to pursue and win the same HOLING an 2. RICH. 3. Also though Henrie the seauenth was attainted by Parliament in King Richards daies yet at such time as remaining banished in France he had made a solemne oath and promise to espouse Ladie Elizabeth daughter and heire to King Edward the fowrth offered him in mariage by her Mother the Queene hauing then with his own claime to the croune ioyned also the right of the house of York hee was in a maner at the same time saluted honoured as King by the Earle of Oxford and other noble-men who were there present comming sone after into England wanted not assistāce to depriue the vsurper king Richard both of life and kingdome By which examples it is manifest of how little force is the authoritie of Parliament to exclude a Prince from the right due to him by inheritance or to withdraw such as fauour him from giuing him assistance or the people from the dutie and alleageance which they owe him Yea this right of successiō by blood is accounted among al nations subject to this kinde of Monarchie a thing sacred and in no wise to be violated In confirmation whereof I might alledge manie examples of sundrie forraine kingdomes But for auoiding tediousnes I will onlie set doun heere two examples of the frenche nation the one verie auncient the other of our time At such time as the croun of France fell by inheritance to Charles for his dulnesse of wit and want of iudgement surnamed the simple Odo his kinsman PAVL AEMIL hist FR in regno CAR. SIMPL. was declared King and ruled ouer the greatest parte of the Kingdome by consent almost of al the Peeres and principall nobilitie thereof except the Earle of Flanders and the Archebishop of Rhemes who did homage to Charles But Odo neere the time of his death approouing the right of his cousen Charles spake these words to the nobilitie then present as PAVL AEMYL rehearseth them in Latine CAROLVS Balbi filius id quod jus aequumque postulat Rex vocitetur á quo amouere jus regni vniuersus terrarum orbis si conspiret non valeat etiamsi sceptra manu extorqueat That is to say Let CRARLES the sonne of Balbus according right and equitie be called King from whom all the world if it should conspire against him can not remooue the right of the kingdome though it should wrest the scepter out of his hand And as then Odo did acknowledge Charles to be onlie lawfull king so both then and in al ages following was he accounted by the frenche nation whereas Odo is not so much as reckoned in the register of the frenche kings Lately also it hath bene sene that the French king who now reigneth albeit after the death of the laste King his religion was different from the Romane religion publiklie professed in France yet was hee followed and assisted not onelie by the professors of his owne religion but also by al the cheef nobilitie gentlemen and best part of the people called Catholiques notwithstanding that the Cardinal of Bourbon one of the blood Royal and of their owne Religion was called King by the seditious followers of he League And at this time he is by al French-mē of whatsoeuer Religion ackowledged for their onlie lawfull King But in this point our own people hath neuer bene inferiour to the Frenche nation or anie other which is made euident by their faithful dutifull acknowledgement of the next lawfull blood so manie ages past but especiallie by a moste notable proofe which not long since they haue giuen of the same For when Lady Iane was by the deuise procurement of some noble-men and Lordes of the counsell proclaimed Queene in London and other where the towre beeing surprised and sundrie other politick meanes vsed for her establishing and for drawing of the people to her obedience yet was not Queene Marie the lawfull inheretrix of the Kingdome abandoned therfore by the good and faithfull subiects thereof but assisted and furthered by them to the winning and possession of the croune which Ladie Iane lost togeather with her head as also her father the Duke of Suffolk her father in law the Duke of Northumberland the authour principall actour of this Tragedie her husband sonne to the said Duke and sundrie other of her friends were partakers of her miserable end as they had bene of her vnlawfull aduancement By this example may bee euidentlie seene how great is the force of right by inheritance how hard it is to draw away the hearts of the people from the lawfull heire to the acknowledging of anie other Which being vnderstood by some of our kings who deposing or excluding the lawfull successours tooke the croun on themselues judged not anie authoritie of Parliament sufficient to justifie their vsurping and approoue it to the people except they had made some pretence of a title by right and lawfull inheritance King Henrie the fowrth who at the houre of his death speaking to his sonne HOLING an 14. HENR 4. seemed to acknowledge his wrongful vsurping at such time as he took on the croun albeit he was sure not to want the authority of Parliaments to establish him yet thought not that sufficient except he had laid claime to the crowne as being by right of inheritance next to the same that not as heire to his father Iohn of Gant or to his grand-father King Edward the third for hee knewe that both king Richard whome he had deposed and Roger Mortimer Earle of Marche declared alreadie by Parliament heire apparent were neerer than himself to the croun they being heires to his fathers two elder brethren but as right and lawful heire to Henrie the third as the verie wordes of the claime HOLING an 22. RICH. 2. Anno 1 HEN. 4. that he made before a great assemblie of the nobilitie people do plainlie testifie The cause heereof was a report made by some of his fauourers to wit that Edmond sonne to Henrie the third of whome he was descended by his mother Blanche was elder brother to Edward the first but defrauded of his right by the said Edward by reason of the deformitie of his crooked back But this was nothing else but a fable deuised to conueigh to him a