forrein and Barbarous nation the Englysh Saxons And the lett of that Mariage proceded of the Englyshe whose vse is to seek to wynne that of the Scottes by manacing wordes and force of armes whiche they should desyre by fayr meanes termes of freendlye good will And there wanteth not occasion to suspecte that they dyd it of purpose to the end that by breakyng of that mariage some of them might haue a more reddye accesse to the vsurpation of the Croune of England How soeuer it was the Scottysh Nation was not mynded to yeeld by force and yet scarse able to forbeare were constreyned to craue ayde of the Frenshe whiche they could not obteyne onlesse they sent theyr Queene into Fraunce as an hostage for their fidelitie But there was nothing that the Scottish nation more estemed and desyred at that day than the vnion of those two regions by that mariage as may well be proued by the common opinion and sayeing of the people there before the matter was attempted by way of force and armes vve vnderstand the English mans language sayd the people they oures vve inhabit all one Yland and almost in nothing doe vvee differre but that vvee are gouerned by tvvo seuerall Princes And in dede it is euidently knowne that the Scottishe Nation many yeres before dyd greatlye desyre and wyshe this manner of coniunction in amitye and namely at suche tyme as they maried the noble Lady Margaret the only heire of the croune of Scotlād daughter of Alexander their King to the fyrst Kyng Edward of England By whiche maryage those two kyngdomes had bene vnited had not that noble virgin deceassed before she came to the fyght of her husband Seing then the case thus standeth there is no cause whye eyther the Englysh or Scottishe should vpbraide or reproue one an other but they ought rather to agree all together in one voyce and consent that yf there were none alyue to whome the Soueraigntie of the whole Yland by right could belonged one generall Prince ouer all might be elected by voyce or lott So as at last the whole weale publicque and people might enioye perpetuall peace and be no more with partiall parttakinge sectes factions disturbed Euen as wee rede that the Persians in olde tyme verie prouidently in a like case vsed them selues For as Iustine reporteth when they had slayne their Mages great was their glorie and renowme for the recouerye of their Kyngdome but muche greater for that in contendyng about the gouernement they coulde agree among them selues There was among them many equall in vertue and nobilitie as it was hard for the people to make an election of a gouernour Therfore theyr nobility deuised among them selues an indifferent mean whereby to cōmit the iudgement of their woorthinesse to their goddes They agreed among them selues on a day appointed to lead all theyr horses before the Palace earlye in the mornyng and that he whose horse fyrst dyd neyghe before the rising of the sunne should be kyng The next day after when all were assembled at the houre appointed the horse of Darius sonne of Hydaspes dyd first neygh and gaue that happy signe of good fortune to his maister Immediatlye the modestye of all the rest was suche as vpon the first heearing of the good notice so gyuen they all leapt from their horses and dyd theyr homage to Darius as to their King and all the commons foloweing the iugement of the nobles willyngly confirmed the election accepted hym for theyr Soueraign Thus the kyngdome of Persians wherof at one time there was seuen noble competitors was in a moment reduced to the regiment of one And this they dyd withe suche incredible zeale and pietie towardes theyr Countrye as for the delyuerey therof from trouble and miserye they could haue bene content euery one to haue lost his lyfe Thus farre Iustin Immortall is the honour and renoume of those noble men whiche willinglie preferred the wellfare of their countrey before their priuate ambition But allmightie God hathe eased you well of this doubt For he hathe Layd it open before your eyes what persone it is to whome the Soueraigntie of the whole Yland euen by the lawes of the realm after the decease of the now Queene of England without laufull issue of her body ought to descend and come I mean the most noble Ladye Marye the woorthie Quene of Scotland whose apparēt pietie and vnuincible constancie in aduersitie vniuersally well knowne and talked of through the whole world doeth gyue a plain demonstration how vain and friuolous the Iudgment of those men is which represse and reiect the Regiment of women To this Ladye therfore may the regiment of the whole Yland at length descend according as it was once before to her adiuged by the sentence of her great graundfather Kyng Henry the seauenth and of his Counseill as Polydor reporteth Kyng Iames of Scotland the third saieth he dyd honorably intertein Richard Fox Byshop of durisme Ambassadour sent to him by Kyng Henry the seuēth and at their fyrst meting he showed hym selfe muche greued for the late slaughter of his subiectes but easilie he remitted the iniurie Afterward when they were together alone the Kyng tolde hym how auncient and iust causes of frendshipp had bene betweene Kyng Henry and hym and how greatly he desired the assurance therof that they two myght be tyed together in a more fast knot of loue and amitie whiche out of doubt will folow sayd the Kyng yf King Henry wolde bestow on hym his eldest daughter the Ladye Margaret in Mariage To this the Amhassadour answered coldlie but yet promised his helpe and furtherance and put the Kyng in good hope of the matter if he wold send an Ambassadour directly to that end The Ambassadour vpon hys returne home reported to Kyng Henry the whole matter whiche pleased Kyng Henrye wonderous well as one whiche delyted muche in peace VVithin fewe dayes after this the Ambassadours of Kynge Iames came to request the Ladye Margaret in Mariage Kyng Henrye after audience referred the matter to his Counseil among whome some there were whiche suppected that the kingdome might in processe of tyme be deuolued to the same Ladye Margaret and therfore thought it not good to marie her to a forain Prince whereunto the Kyng made answere and sayd what then Yf any suche thing happen whiche God forbid yet I see our kyngdome should take no harme therby for England should not be added to Scotland but Scotland vnto England as to the farre most noble head of the whole Yland for we see it so fallen owt in all thinges that the lesse is for honour sake euer adioyned to that whiche is farre greater as Normandie in time past came to be vnder the dominion and power of the Kynges of England our auncestors The Kynges Iudgement was greatly commended the whole Counseil approued the matter with a full consent and the sayd Ladye and virgin Margaret was maried to Kyng Iames. Thus
sufficient to satisfie euery honest and indifferent persone and able to persuade all such as are not obstinatly bent to their own partiall affections or not gyuen ouer to some sinister meanyng and factiouse dealing TO THE NOBILITIE AND people of England and Scotland A Poesie made by T. V. Englishman Dravve neare vvith heedfull eyes this booke peruse VVho that desires assuredlie to knovve Those iust decrees that English people vse For rightfull heyres to whom the Croune dothe grovve VVith gloriouse Rases of so riche a soyle And golden bondes of most assured peace VVhiche after vvarres and many a bloodie broyle Hath long time lasted and dothe still encrease By Henries vvyfe vvhom Stories seuenth doe name From vvhose renoumed stocke and princelie straine Marie novv present Quene of Scotland came And Iames her sonne as king to rule and raigne Vnder that Pole vvhiche vve the Northern call This ladie by her predecessors right Dothe looke the Englishe Croune to her shall fall Vertue to defend and people by her Might To guyde in peace vvhen Henries heyres are dead VVhiche vvas the eight in great renoume of late For then vvith right pretence vvho can procede To gayn saye her and spoyle her of her state And right to beare the svvaye in Englishe land But lest the simple man should grovve in doubt VVhat lavve allovves her for their heyr to stand Lesley vvell knovveing all the cause throughout As one that loues his Quene and common peace By busie toyle hathe brought this thing aboute And dothe his best to make false practise cease You Britaine 's therfore vvith attentiue heede Dravve neer and reape the croppe of this his seede Esteme his vvorke and vveighe his vvarninges vvyse That telles the truthe still one in vvoorde and mynde Regarde the right of her vvho once may ryse And rule in state your Quene to heauens resigned That onlie Realm is in most happie state VVhiche beares no Tyrannes rule nor blody band And whose renowmed Prince doeth euell hate And rules in peace the people of her land A TREATISE TOVVCHING THE RIGHT TITLE AND interest asvvell of the most excellent Princesse Marye Queene of Scotland as of the most noble Kyng Iames her Graces sonne to the succession of the Croune of England And first touching the Genealogie or pedegrue of suche Competitors as pretend title to the same Croune A DECLARATION OF THE TABLE folovveing touching the rase progenie of suche persones as descēding from the Princely families of Yorke and Lacastre doe eyther Iustlye clame or vniustlye aspire vnto the Croune of England set foorthe for this speciall intent that all men may clearlye see as by a plain demonstration and by the best proofe that can be of a true and laufull succession hovv the most Graciouse Princesse Marye Queene of Scotland and from by her the most noble King Iames the sixt of that name her Graces sonne ought Iustlye to barre all others contending to intrude them selues into the Royal Throne of the Realme of England before their time CERTAINE IT IS Queene of Scots right heir apparent of the Croune of England and assuredlie tried and knowen to all men that after the decease of Elizabeth now Queene of England without laufull yssue of her bodie the Soueraigne Gouernement of that Realme by right and iust title of a laufull succession is to remayn and come to Marie the most noble Queene of Scotland and from her to the sayd Kyng Iames. And this is suche an vndoubted truthe as the Aduersaries them selues are not able to denye it yf they will cast away all partiall affection of priuate quarrelles and sincerely discouer their owne consciences For A vvomā may haue the kingdome of England to let passe as sufficiently by others aunswered and clearly confuted that absurde paradox heretical assertion blowen abrode by vndiscrete and seditiouse libells against the regiment of women I make this full accoumpt and reckening as of a thing most clearly knowne and confessed in the hartes and myndes of euery true English man and as agreable with the lawes of God and nature that for default of heyr male inheritable to the Croune of England the next heir female in an ordinary course of inheritance succession is to be inuited called to the laufull possession of the Croune And that aswell by the auncient common lawe and custome of England yet in force as also by the Statutes and actes of Parliaments of that Realm and by the vsuall construction and continuall practise of the same In like manner it is euident and playne that the right noblye renoumed Princesse of famouse memorye Lady Margaret some tyme Queene of Scotland eldest daughter of the seuenth Henry King of England and of his most noble wyfe Queene Elizabeth the vndouted heir of the howse of Yorke was maried to Iames King of Scotland the fowerth of that name by whome she had one only sonne called king Iames the fift that the said most excellent Princesse Marye now Queene of Scotland is the sole daughter of the same King Iames the fift VVherupon it falleth owt that after the decesses of the heirs males of the bodies of the sayed kyng Henry the seuenth and Queene Elizabeth his sayd wyfe whithout laufull issue of their bodies then the right title and interest to the Croune of England ought to descend Margaret King Hēry the seuenth his eldest daughter graundmother to the Scottish Queene and come by a laufull course of inheritaunce and succession first before all others to the sayd most gracious Lady Marie Queene of Scotland as next heir in a laufull descent from her sayd graundmother the sayd Queene Margaret eldest daughter of the sayd King Henry the seuenth and of Queene Elizabeth his sayd wyfe Now this is a briefe narration of suche an vndoubted truthe as should nede no further explication if men were deuoutlye inclined to credit a truthe But because some men are by ambition so blynded caried away with their own phantasies as they mynd nothing more than with cōtentiouse quarrelles to obscure and deface this matter I must fet a further course and though the thing be playn enough of it selfe yet must it be delated with a larger discourse of many proofes experimentes and examples to the intent that all those Competitors and Chalengers whiche oppose them selues against her Maiesties right albeit of them selues they will not yeeld to reason may neuerthelesse be so conuinced and daunted as they shall haue nothing left to gaynsaye when the truthe of the cause shal be clearlye reuealed and sincerely layd open to the vewe of Princes and people of all nations Fyrst therefore I will set downe a Genealogie The argumēt of this vvorke and Pedegrue of the Kinges of England And I will deriue the same frome king Edward the thirde And so frome the most noble houses of Yorke and Lancastre in manner of an historie vntil these our dayes Then will I duelie examin suche argumētes as the Competitours
doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
the Lady Margaret Countesse of Sarisburie afterward maried to Pole The third brother Richard duke of Glocestre after the deceasse of his brother King Edward the fowerth caused the yong kyng Edward the fyft his said brothers sonne traiterously to be mordered lyke a Tyranne vsurped the Croune and called him selfe king Richard the third but as he iustly deserued he dyed dishonorably and was slain in the battail beside Bosseworth by king Hēry the seuēth so dyed without issue This seuenth king Henry descended of the house of Lancastre was then the principal persone of the other partie agaynst the house of York But to take away the matter of that contention he maried the said Elizabeth daughter to the sayd King Edward the fouerth The vnion of the houses of York and Lancastre then right heir of the house of York and so by vniting those two houses he dyd cut of all those long and perniciouse broyles Thus I haue brieflye set downe the original cause and the finall ende also of that so great and troublessome faction Yet to procede further touching the said king The yssue of Kinge Henry the seuenth Henry the seuenth he had by his said wyfe Quene Elizabeth a sonne called king Henry the eight for his other sonnes I omit because they died in the life tyme of their father and without issue And he had also two daughters Margaret wyfe of the fowerth kyng Iames of Scotland and Marie the wyfe of the twelueth king Lewes of Fraunce This king Henry the eight had for his first wyfe Catharin daughter to Ferdinando king of Spayn and by her he had a daughter the Ladye Marye afterward Queene of England But vnder a pretence that the sayd Catharin was the wyfe of his deceassed brother Arthur he putt her awaye and brought in Anne Bolleine daughter of Syr Thomas Bolleine knight and by her he had a daughter the most renowmed Lady Elizabeth now Queene of England And afterward he stroke of the head of the sayd Anne and Maryed the Ladye Iane Semer a knyghtes daughter by whom he had his sonne Edward whiche afterward was Kinge Edward the sixt and dyed without yssue Then were called to the crown by succession first the sayd Lady Marie and after her the sayd Ladye Elizabeth now Queene After whose deceasses without any laufull yssue of their bodyes the next place in succession ought of right to remayn to the sayd most noble Ladye Marye now Queene of Scotland But before I enter into the explication of this matter it shall not be farre from the purpose somewhat to speake of these other personnes that chalenge the right of fuccession as properly to them selues belonging King Henry therfore the seuenth by the sayd Queene Elizabeth daughter to king Edward the fowerth had as you haue heard his said sonne king Henry the eight and his sayd two daughters the Lady Margaret wyfe to king Iames of Scotland the fowerth the said Lady Mary wyfe to the sayd king Lewes of Fraunce the twelueth by whom she had no yssue The yssue of Queene Margaret of Scotlād And the sayd king Henry the eight had as I haue sayd by diuerse venters his sayd thre children king Edward Queene Marie and Queene Elizabeth Of the sayd Queene Margaret eldest daughter to the seuenth king Henry of England was by the sayd King Iames the fowerth her first busband begotten and borne the fift king Iames of Scotland father to the sayd most noble Ladye Marie now Queene of Scotland And after the decease of the sayd king Iames the fowerth the same Queene Margaret was maried to Archebald Erle of Anguish and by him had a daughter called the Ladie Margaret Duglasse sometyme the wyfe of Mathew Steward Erle of Leneux by whom she had two sonnes Henry and Charles of whom I will speake here after Mary the yonger daughter of king Henry the seuenth after the decease of her first husband the twelueth king Lewes of Fraunce The yssue of Marye the Frēche Queene by whom she had no yssue was maried to Charles Brandon Duke of Sulffolk by whom she had two daughters Frācise Eleonor For of her sōnes I omitt to speak because they died without issue The said Lady Francise was maried to Henry Gray Marquesse of Dorcestre afterward Duke of Suffolke This Henry Gray begat of her thre daughters to witt Iane Catharin Mary The same Lady Iane eldest of those thre was maried to Gilford Dudley the sonne of Iohn duke of Northumberland a mariage begunne in an vnfortunate houre for it brought with it destruction aswell to them bothe as to their parents and many others The sayd Ladye Catharin was espoused to Henry Harbert eldest sonne of VVilliam Erle of Pembroche And the Ladye Marye yongest of the said three was betrothed to Arthur Gray sonne of VVilliam Gray But bothe those contractes afterward by the procurement and special labour of the parentes rather than vpon good matter as I haue heard were in open court dissolued and pronounced to be of no validitie in law The like happened touching a priuie contract made betwene the same Lady Chatharin the Erle of Hartforde by whom she had two sonnes yet lyuing Of whome I will speak hereafter And thus farre touching the issue of the Lady Francise th one of the sayd two daughters of Charles Brandon by Mary the Frenche Queene Now let vs come to the sayd Lady Eleonor the other daughter of the sayd Mary This Eleonor was maried to George Clyfford Erle of Cumberland who had by her a daughter the Lady Margaret now wyfe to the Erle of Darby whiche two haue issue betwene them yet liuing And this is the true genealogie and pedegrue forsomuch as I could euer learn of all suche issue and ofspring descended of king Henry the seuenth and Queene Elizabeth his wyfe as at this day can claime any right title or interest in the Croune of England The remayn is to adde hereunto somewhat touching the progenie of the before named king Edward the fowerth The yssue of King Edvvard the fouerth This king Edward the fowerth the principall personne of the faction of the whyte Rose had two sonnes whom his brother Richard aspiring to the Croune a patern of the worst marke that euer was in the memory of man caused to be mordred And he had also fower daughters the eldest was Queene Elizabeth the before named wyfe of King Henry the seuenth the cheefe of the faction of the reade Rose as is before mentioned An other of the daughters was the Lady Catharin wyfe to VVilliā Courtney Erle of Deuonshire Of the other two daughters there is left no issue and therfore I omitt them This Lady Catharin had by the sayd Erle of deuonshire a sonne called Henrie Courtney whom his Cosin germain king Henry the eight caused to be beheaded vpon a pretense of treason This Henry Courtney left one onlye sonne called Edward Courtney whom in his tender yeres king Henry the
as other heires should VVhervpon it is to be gathered by dew iust cōstruction of the same statute and hath bene heretofore commonly taken that the common lawe alwayes was yet is that no persone born out of the allegeāce of the king of England whose father and mother were not of the same allegeance should be able to haue or demaund any heritage within the same algeance as heire to any person VVhiche rule I take to be the same supposed Maxime that the aduersaries do meane But to stretche it generally to all inheritāces as the aduersaries woulde seeme to do by any reasonable meanes can not be The statute of Edvv. 3. An. 25. touchetb inberitance not purchase 11. H. 4. fol. 25. For as I haue said before euery stranger and Alien borne may haue and take inheritance as a purchaser And if an Alien do Marie a woman inheritable the inheritance therby is both in the Alien also in his wife the Alien thereby a purchaser No man doubteth but that a Denizon maye purchase landes to his owne vse but to inherit landes as heire to any person within the allegeance of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also Denyzons doth onely extend to Descentes of inheritance and not to the hauing of any lande by purchse Now will we then consider whether this rule by any reasonable cōstruction can extend vnto the Lady Marie the Queene of Scotland for and concerning her title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland whiche realm is out of the allegeance of England her father and mother not being of the same allegeāce therfore by the said rule she is not inheritable to the Croune of England Though I might at the beginning very wel and orderly deny the consequent of this argumente yet I wil first examin the Antecedent euen by the cōmon opinion and sentence of English men then will I consider vpon the consequent And this I intend of purpose only to discouer the improuidence of the aduersaries whiche in a matter where they couet most to looke vnto them selues there they least of all prouide for the warrantize of theyr cause by their owne pretensed lawes of the Realme of England But I mynde not hereupon so to ouer rule the matter as any preiudice may thereby be created against the Kynges of Scotland who haue alwayes kept and still doe kepe and enioye with a plain profession most iust clame in their owne right ouer their subiectes a supreme authoritie power not depending by any lawe right or custome vpon any other Prince or potentate in the world VVell then to come to the Antecedent so it is that the Queene of Scotland was borne in Scotland it must nedes be graunted but that Scotland is out of the allegeance of England though the sayde Queene and all her subiectes doe iustlye affirme the same yet there is a verie greate number of men in England both learned and others whiche are not of that opinion but earnestly auouche the contrary being led persuaded therunto as they say by diuerse Histories Registers Recordes and Instruments remayninge in the Treasurie of that Realme wherin is mentioned as they also saye that the Kynges of Scotland haue acknouleged the Kyng of England to be the superiour Lorde ouer the Realme of Scotland haue done homage and fealtie for the same VVhich being true though all Scotsmen denie it as Iustlie they may for the homage fealtie whiche those men speake of was not exhibited nor done in any such respect as they surmise but in consideration of the tenures of certein Segnories Lands tenements hereditaments lyeing in Northumberland Cumberland other Shyres of England whiche now the Kinges of Scotland want and then did enioye holde of the Kyng of England As cōmonlie it is sene in sondrie parts of Christindome Kyngs and Princes hauyng distinct and absolute regiments not depending of any other potentate to holde neuerthelesse one of an other diuerse landes townes and countries lyeing within the marches of the one or the others dominions But admit it to be true whiche these men doe so auouche then Scotlande must nedes be accompted within the allegeance of England euen by their owne lawes of the same Realme and by the common opinion of their owne nation And although sins the tyme of Kinge Henry the sixt none of the Kinges of Scotlande haue done the said seruice vnto the Kinges of England yet that is no reason in the lawe of England to saye that therefore the Realme of Scotland at the tyme of the birth of the sayd Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of the late Kinge Henrie the eight was out of the allegeance of the Kinges of England For the lawe of that Realme is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie The Lorde loseth not his seignorie though the tenante doth not his seruice For the lande still remaineth within his Fee Seignorie that notwithstanding But peraduenture some will obiecte and saye that by this reason France should likewise be said to be within the allegeance of England forasmuch as the possessiō of the Croune of France hath bene within a litle more then the space of one hundred yeares nowe last past laufully vested in the Kinges of England whose right and title still remaineth To that obiection it may be answered that there is a great differēce betwene the right title which the kings of England clame to the Realm of Frāce the right title which they clame to the Realme of Scotlād For although it be true that the kings of Englād haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the said Realme of Fraunce the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiectiō which they did owe vnto the kings of England haue geuen submitted them selues vnder the obediēce allegeāce of the frēsh But as for the Realme of Scotlande it is otherwise For the Title whiche the Kinges of England by the opinion of these men may clame to the Realme of Scotland is not in the possession of the lande and Croune of Scotlande but onely in the seruice of homage and fealtie for the same And though the Kinges of Scotland many yeres haue intermitted to doe the said homage fealtie vnto the Kinges of Englande yet for all that the Kinges of Scotland can not by any reason or lawe be called vsurpers and vniust possessors And thus all indifferente men not ledd by affections may well see by the recordes testimonies of
suche is their skill that this statute touching Infantes de Roy was made for the great doubte more in them than in other persones touching their inheritance to their Auncestours For being then a Maxime saie they in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the king seing the king him selfe could not be vnder obedience it plainely seemed that the kinges children were of farre worse condition than others quite excluded And therefore they saie that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children standeth rather in the superficial parte of the woorde than in any effect Nowe among other thinges they saye as we haue shewed before that this word Infantes de Roy in this statute mentioned There vvas no doubt made of the Kinges children borne beyonde the seas must be taken for the children of the first degree whiche they seeme to proue by a note taken out of M. Rastal But to this we answer that these men swetely dreamed when they imagined this fonde and fantasticall expositiō And that they shewed them selues very infants in lawe and reason For this was no Maxime or at least not so certaine before the making of this statute whiche geueth no new right to the kinges children nor answereth any doubt touching them and their inheritance but this it saieth that the law of the Croune of England is and alwaies hath bene which lawe saith the king say the Lordes say the Commons we allowe affirme for euer that the kinges children shal be hable to inherite the landes of their Auncesters wheresoeuer they be borne All the doubt was for other persones as appeareth euidētly by the tenour of the statute whether by the cōmon law they being born out of the allegeance of the king were heritable to their Auncestours And it appeareth that the aduersaries are driuē to the hard wall when they are faine to catch holde vpō a selie poore marginal note of M. Rastal of the kinges children not of the kings childrens childrē VVhich yet nothing at al serueth their purpose touching this statute But they or the Printer or whosoeuer he be as they drawe out of the text many other notes of the matter therin cōprised so vpon these French wordes Les enfants de Roy they note in the Margent The Kinges Children but how farre that worde reacheth they saie neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be taken strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritance and not for the Croune as moste men take it and as it may be as we haue said very well taken and allowed then doeth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the Kings children the Croune also is meant yet neither may we enforce the rule of foraine borne vpō the kings childrē which are by the expresse wordes of the statute excepted neither enforce the word Infants to the first degree onely for such reasons presidents and examples and other proouffes largely by vs before set forth to the contrarie seing that the right of the Croune falling vpon thē they may well be called the kings Children or at the lest the children of the Croune Ther is also one other cause why though this statute reach to the Croune This statute toucheth not the Q. of Scotlād as one not borne beyond the seas and may and ought to be expounded of the same the said Queene is out of the reach and compasse of the said statute For the said statute can not be vnderstanded of any persones borne in Scotlande or wales but onely of persones borne beyond the sea out of the allegeance of the king of England that is to witte France Flādres such like For England Scotland and wales be all within one Territorie and not diuided by any sea And all old Recordes of the law concerning seruice to be done in those two Countries haue these words Infra quatuor Maria within the fower seas which must nedes be vnderstād in Scotland wales aswel as in England bicause they be all within one continent compassed with fower seas And likewise be many auncient statutes of that Realme written in the Normane French whiche haue these wordes deins les quatre mers that is within the fower seas Nowe concerninge the statute the title of the same is of those that are born beyond the sea the doubt moued in the corps of the said statute is also of childrē borne beyond the sea out of the allegeance Vide statuta VValliae in magna Charta VVales vvas vnder the allegeance of England before it vvas vnited to the Croune with diuers other branches of the statute tending that way VVherby it seemeth that no part of the statute toucheth these that are born in VVales or Scotlād And albeit at this time and before in the reigne of Edward the first VVales was fully reduced annexed vnited to the proper Dominion of England yet was it before subiected to the Croune and King of England as to the Lorde and Seigniour VVherefore if this statute had bene made before the time of the said Edward the first it semeth that it could not haue bene stretched to VVales no more then it can now to Scotland I doe not therefore a litle meruaile that euer these men for pure shame could finde in their hartes so childishly to wrangle vpon this word Infants and so openly to detort depraue and corrupt the common law and the Actes of Parlament And thus may you see gentle Reader that nothing can be gathered either out of the saide supposed generall rule or Maxime or of any other rule or Principle of the lawe that by any good and reasonable construction can seeme to impugne the title of my said soueraign Lady Mary now Queene of Scotland of and to the Croune of the Realme of England as is aforesaid VVe are therefore now last of all to consider whether there be any statute or acte of Parlament that doth seeme either to take away or preiudice the title of the said Queene And bycause touching the foresaid mentioned statute of the 25. yere of King Edward the thirde being onely a declaration of the common lawe we haue already sufficiently answered we will passe it ouer and consider vpon the statute of 28 and 35. of King Henrye the eight being the onely shoteanker of all the Aduersaries whether there be any matter therein conteined or depending vpon the same that can by any meanes destroye or hurt the title of the said
touching the Succession They putte their whole trust vpon the King as one whome they thought most earnestly to minde the wealth of the Realme as one that would and could best and most prudently consider and weigh the matter of the Succession and prouide for the same accordingly If the doinges of the King do not plainely and euidently tende to this ende and scope if a Zealous minde to the common wealth if prudence wisdome did not rule measure all these doinges but contrariewise partial affection and displeasure if this arbitrement putteth not away all contentions and striffes if the mind and purpose of the honorable Parlament be not satisfied if there be dishonorable deuises assignements of the Croune in this will and Testament L. 1. ff qui TestameÌ„ta facâ—re if there be a new Succession vnnaturally deuised finally if this be not a Testament and last will such as Modestinus defineth Testamentum est iusta voluntatis nostrae sententia de eo The definition of a Testament quod quis post mortem suaÌ„ fieri velit then though the Kinges hand were put to it the matter goeth not altogether so wel so smothe But that there is good and great cause further to consider and debate vpon it whether it be so or no let the indifferent when they haue wel thought vpon it iudge accordingly The Aduersaries them selues can not altogether denie but that this Testament is not correspondeÌ„t to such expectation as men worthely should haue of it VVhiche thing they do plainly confesse For in vrging their presumptions whereof we haue spoken and minding to proue that this wil whiche they say is commonly called King Henries VVill was no new VVil deuised in his sicknes but euen the very same wherof as they say were diuers olde copies they inferre these wordes saying thus For if it be a nevve vvill then deuised vvho could thinke that either h m selfe vvould or any man durst haue moued him to put therin so many thinges contrary to his honour Much lesse durst they them selues deuise any nevv succession or moue him to alter it othervvise then they found it vvhen they savv that naturally it could not be othervvise disposed VVherein they say very truely For it is certaine that not only the common lawe of that Realm but nature it selfe telleth vs that the Queene of Scotland after the said Kinges children is the next and rightful Heire of the Croune VVherefore the King if he had excluded her he had done an vnnatural act Ye will say he had some cause to doo this by reason she was a forainer and borne out of the Realme Yet this notwithstanding he did very vnnaturally yea vnaduisedly inconsideratly and wrongfully and to the great preiudice and danger of his owne Title to the Croune of France as we haue already declared And moreouer it is well to be weighed that reason and equitie and Ius Gentium doth require craue that as the kings of that Realm would thinke them selues to be iniuriously handled and openly wronged if they mariyng with the heires of Spaine Scotland or any other Countrey where the sucession of the Croune deuolueth to the woman were shutte out and barred from their said right due to them by the wiues as we haue said so likewise they ought to think of womeÌ„ of their royal blood that marie in Scotland that they may wel iudge and take them selues muche iniuried vnnaturally and wrongfully dealt withall to be thruste from the succession of that Croune being thereto called by the nexte proximitie of the royal blood And such deuolutions of other Kingdoms to the Croune of England by foraine mariage might by possibilitie often times haue chaunced and was euen nowe in this our time very like to haue chanced for Scotland if the intended mariage with the Queene of Scotland that nowe is and the late King Edward the sixt with his longer life some issue had taken place But now that she is no suche forainer as is not capable of the Croune we haue at large already discussed Yea I will now say farther that supposing the Parlament minded to exclude her and might rightfuly so doe and that the King by vertue of this statute did exclude her in his supposed will yet is she not a plaine forainer and incapable of the Croune For if the lawfull heires of the said Ladie Francis and of the Ladie Eleonour should happen to faile whiche seeme now to faile at the least in the Ladie Katherin and her issue for whose title great sturre hath lately ben made by reason of a late senteÌ„ce definitiue geuen against her pretensed mariage with the Earle of Herford then is there no stay or stoppe either by the Parlament or by the supposed VVill but that she the said Quene of Scotlande and her Heires may haue and obteine their iust Title and clame For by the said pretensed will it is limited that for default of the lawfull Heyres of the said Ladie Francis Elenour the Croune shall remaine and come to the next rightful Heires But if she shall be said to be a forainer for the time for the induction of farther argument then what saye the Aduersaries to the Ladie Leneux borne at Herbottel in England and from thirtene yeares of age brought vppe also in England and commonly taken and reputed as well of the King and Nobilitie as of other the lawefull Neece of the said king Yea to turn now to the other sister of the King maried to Charles BraÌ„don Duke of Suffolke and her children the Ladie Francis and the Ladie Eleonour why are they also disherited Surely if there be no iust cause neither in the Lady Leneux nor in the other it seemeth the King hath made a plaine Donatiue of the Croune VVhiche thinge whether he could doe or whether it be conformable to the expectation of the Parlament or for the Kinges honour or for the honour of the Realme I leaue it to the further consideration of other Nowe what causes should moue the Kinge to shutte them out by his pretensed will from the Title of the Croune I minde not nor neede not especially seeing I take no notice of any suche will touching the limitation of the said Croune here to prosecute or examine Yet am I not ignorant what impedimentes many doo talke of and some as well by printed as vnprinted Bookes doe writte of VVherein I will not take vpon me any asseueration any resolution or iudgement This onely will I propound as it were by the way of consideratioÌ„ duely depely to be wayghed and thought vpon that is for as muche as the benefitte of this surmised will tendeth to the extrusion of the Queene of Scotland and others altogether and to the issue of the French Queene whether in case the King had no cause to be offended with his sisters the Frenche Queenes Children as the Aduersaries them selues confesse he had not and that there was no lawfull impediment in them to
farre hath Polidor Thees are woordes of great importance putte our matter clear out of doubt for here it appeareth that the case solemnlie in counceil by a wyse and prudent King with wise graue and learned Counseilours was debated and with great wisedome resolued concluded and to this some lawyers of that land gyue great authoritie credit Thus it is euidently declared who are the true heires of the Crounes of Englād Scotlād and that the sayd mariage of Iames the fowerth and the sayd Lady Margaret is to be accompted a most fortunate benefit to the whole Yland For if it be true as in dede it is that the mariage of the seuenth Kyng Henrie with the daughter and heir of King Edward the fowerth was to be estemed as a most happie cōmoditie to all England because it dyd cutt of and dissolue all those tumultes and seditions betwene the howses of Yorke and Lancaster which so many yeres had miserablie afflicted all that nation I pray you what reckening is to be made of the matrimonie betwene King Iames the fowerth of Scotlād the Ladye Margaret daughter to the King of England sithe nowe at last by the benefit of this mariage bothe England and Scotland may be quite reskewed and deliuered from those most mortall warres and intestine dissentions whiche for preheminence sake haue bene so long continewed and maintened A happie prince therfore to Englād was King Henry the seuenth for that by him allmightie God abolished all seditions and vnited the two howses of yorke and Lancastre But most fortunate most gratiouse shall the renowmed Quene Mary of Scotland be her most noble sonne king Iames also to the Englishe and Scottishe Nations yf by them two the same God shall bringe the said twoe seuerall kyngdomes to a perfect vnitie reduce the whole Yle of Britaine to his moste auncient estate of dignitie and deliuer it from all ciuill warres and Barbarous crueltie Embrace therfore ye Britaine 's of all mortall men most fortunat and take holde of this singular great benefit when the same by the grace of the euerliuing God shal be bestowed vpō yow and in the mean time euer yeeld ye to him most hūble most hartie thankes for that he of his infinite clemency and benignitie hath at last produced out of booth you bloodes a Prince by whose helpe your domesticall troubles and dissentions may be extinguished a place left for this diuine lawe of peace and amitie to be planted by the same law a soueraigne safetye and wellfare of all the people establyshed For the wellfare of the people consisteth 〈◊〉 in peace and concord But perpetuall peace and quyetnesse can not be among you except these two Realmes be combined and made all one For the force of vnitie is suche as the preseruation therof is the vtter moste ende that nature intendeth Herehence also groweth among men charitie loue frendshipp so farre that many mindes are become all as one first to remember that they must be truely menne in dede and then that they leade a good blessed lyfe whiche is the last ende and perfection of mankinde Sithe therfore the matter goeth so if you will folow God and the law of nature if you desire the safety and wellfare of your countrie yf you will liue well and fortunatlie in this world and at last enioie the perfect blesse of eternall felicitie you must enforce your selues with all labour industrie and diligence that this dispersed people may be called together vnder the regiment of one rightfull Prince and Catholique Religion of their auncestors This will please allmightie God and bring great tranquilitie peace quiet to your selues and to all the people of England Scotland and Yreland And that it maye so be lett vs all continuallie pray to almightie God the supreme gouernour ruler of the whole worlde Amen
A TREATISE TOVVCHING THE RIGHT TITLE AND INTEREST OF THE MOST excellent Princesse Marie Queene of Scotland And of the most noble king Iames her Graces sonne to the succession of the Croune of England VVherein is conteined asvvell a Genealogie of the Competitors pretending title to the same Croune as a resolution of their obiections Compiled and published before in latin and after in Englishe by the right reuerend father in God Iohn Lesley Byshop of Rosse VVith an exhortation to the English and Scottish nations for vniting of them selues in a true league of Amitie An 1584. All Britaine Yle dissentions ouer past In peace faith will growe to one at last Encrease of blesse expected long In Britain was begonne VVhen suche a mother dyd bring foorth VVith so good happe a sonne MARIA SCOTORVM REGINA IACOBVS VI SCOTORVM REX Through princelie grace and pietie Great is the mothers fame The king her sonne doth yeeld muche hope To imitate the same TO THE SACRED AND MOST MIGHTIE EMPEROVR AND TO THE MOST HIGH AND PVISSANT kynges and Soueraigne Princes of Christendome Iohn Lesley Byshop of Rosse wysheth peace and perpetuall felicitie SACRED AND MOST MIGHTIE Emperour and ye most puyssant kynges and Princes Christian yf you call to mynde and memorye all formes of common wealthes wherein diuerse people in tymes past aswell heathen as Christians haue bene preserued you shall finde none eyther for peace and tranquyllitie more established or for Maiestie more gloriouse than that where one hathe gouerned whiche laufullie entred as right heyr in succession and moderated all thinges with sincere indifferencio as a Iust and vpright Iudge And to omitt that this forme of Gouernemēt resembleth that regimēt wherwith God ruleth the whole world and how therfore it is the best to omitt also that the leagues of forrain Princes with their mariages and mutuall agreementes in loue and amitie are herein also included and how therfore it is profitable Likewyse to lett passe the generall peace quiett and tranquillitie whiche this assureth to all men and how therfore it is amiable the trueth of this matter will more euidentlye appear if you deeply consider what iniuries and calamities the people of that country is forced to endure where an vsurping Tyrāne not by right of successiō as laufull heir vnto his auncestor but by ambition stronghand violently intrudeth hym selfe vpon an other mans right possession For suche a one by vexing his subiectes with continuall fear oppressing them with wicked exactions and more wicked morders sticketh not to subuert all lawes of God man to the ende that he may rule all alone Thus whiles he most cruelly tirannizeth ouer his subiects and they most mortally doe hate hym what mischiefes and miseries do not burst in vpon any nation by suche a desperate head and suche discorde of membres Vherupon it foloweth well in my Iudgement that the good will of Princes toward their subiectes and the loue of Subiectes toward their Princes is the surest meanes to keepe and preserue the publick weal of any Countrie In somuche as what Region so euer wanteth this must eyther be deuided in it selfe and torne in peces with domesticall troubles or fall in to the handes of straungers Therfore of all nations that haue bene in any age I finde none that by this coniunction of mutuall amitie hathe not bene aduaunced with great felicitye and none on the other syde that by want therof hathe not eyther lyke a sore diseased or wounded bodye languished miserablye or vtterly deuolued in to extreme ruyne and destruction Yea suche misruled nations haue not alone tasted the calamities of their enormityes but haue wickedlye also casten out their vonim vpon others and with suche contagious poyson haue infected their neighboures rownd about them So as all Princes Christian that desire long to Raigne haue hereby to note and learne how it behoueth them not onlie to rule their own Countries without all manner of Tirannie but allso to prouyde so muche as in them lyeth that their neighbours be not oppressed by Tyrannes For suche neyghborhoode can not be but contagiouse because it is the nature of Tyrannes first to ransake and spoyle their own people and afterward to breake owt vpon others and to ruyne them all manner of wayes And this I wryte to the ende that all Christian Princes aswell for their own sake as for Charitie also toward their Christian neighbours should haue some speciall care to helpe that my Soueraigne Ladye Marye Queene of Scotland and the most noble King her sonne be not excluded and barred frome their right of inheritance and succession to the Croune of England after the laufull yssues of King Henrye the eyght be all deceassed Least that by vniust intrusion and inuasion of vnlaufull vsurpers the true heyr be defeated that florishing Kyngedome by tyrannie ruyned and the neighbours adioyning contagiouslye annoyed Fort sithe it is euidently knowen that all those commodities and riches wherwith England hathe plentifully furnished not onlye it selfe but other countries also haue growen specially by this occasion that it hathe bene hitherto sweetlye and peaceablye gouerned by the true and laufull heyrs to the great honour of the Gouernours and commoditie of the Subiectes and seing it is also manifest that after the deceases of all the yssues laufullie descended from Kyng Henrie the eight as I sayd before the Kyngdome of England by right euery waye belongeth vnto Marye the Queene of Scotland who seeth not that if the same Ladye be excluded from her right then not only that Realm shall be spoyled of their own commodities and their neighboures want those helpes which they haue long enioyed but also that Region wil be a neast of Tyrannes where euery familie shall robbe it selfe and as mere straungers spoile and morder one an other Now then because some vniust Competitors incensed with desire of rule doe couer their ambition by pretending a title to the Croune of England I thought it to be a part of my duetie to infringe their vntrue surmises and by strong and weightie argumentes to proue and ratifie the laufull title and right of the Queene and Kynge my Soueraigne Princes For so I hope it will fall owt that all Christian Kinges and Potentates will more reddelye performe suche honorable offices of Courtesie and Charitie as all Princes owe one to an other and that speciallie when they shall see the veritie integritie and iustice of this cause so expresselie declared as no scruple therof can stick in the hart of any indifferent persone For thoughe generallie all Christian Kynges are as it wer so lynked to gether as they should aide and defende eache others honour and dignitie in respect that they are Kynges Yet euery one of them in some one or other particulrr respecte is so allied vnto the Queene and Kyng of Scotland as they owght to take her part and to ioyne with her against her enemies And to surcease from speaking any more of the
matter groweth to faction and from factiō bursteth out to plain and open hostilitie wherevpō foloweth passing great perilles and oftentimes detestable alterations and subuersions of the plublick state For the better auoyding of suche and lyke inconueniences albeit at the beginning Princes reigned not by descent of blood and succession VVhy all the vvorld almost embraceth succession of princes rather than election but by choyse and election of the worthiest the world was for the most part constreyned to reiect and abandon election and so oftentimes in stead of a better and woorthier to take for their Gouernour some certain issue ofspring of one family though otherwyse perhappes not so mete VVhich defecte is so supplied partly by the greate benefit of the good reast and quyetnesse that the people vniuersally enioye by this course of succession and partly by the industrie and trauail of graue and sage personages whose counseil Princes doe vse in their affaires that the whole world in a manner these many thousand yeres hath embrased successiō by blood rather than by election And all politike Princes wanting issue of their own bodies to succede them haue euer had a speciall care foresight for auoyding of ciuil dissention that the people allwayes myght knowe the true and certain heyr apparent of the Croune specially when there appeared any lykelyhode of varitie of opinions or factions to ensue about the true and laufull succession in gouernement The care of English kinges to haue the successour to be knovvn This care and foresight doeth manifestly appear to haue bene not only in manye Princes of forain Countreis but also in the kynges of England aswell before as after the Conquest namely in S. Edward kyng of England that holie Confessour by declaring and appoynting Edgar Atheling his nephews fonne Flores hist anno 1057 to be his heyre as also in kynge Richard the first who before he interprised his Iourney to Ierusalem Richard Chanon of the Trinitie ī Londō assembled his Nobilitie and Commons together and by their consentes declared Arthure sonne of his brother Duke of Britain to be his next heir and Successour of the Croune Of whiche Arthure flores hist anno 1190 Poli. l. 14. as also of the sayd Edgar Atheling we will speake more hereafter This care also had king Richard the second what time by authoritie of Parlament he declared for heir apparent of the Croune the Lord Edmond Mortymer that Maried Philip daughter and heyr of his vnkle Leonell Polid. l. 20. duke of Clarence And to descend to later times the late kyng Henry the eight shewed as it is knowen his prudence and zelous care in this behalfe before his last voyage in to Fraunce And nowe if almightie God should as we be all bothe prince and others subiecte to mortall chaunces once bereaue the Realme of England of their present Queene the hartes and mindes of men being no better nor more firmely setled and stayed towardes the expectation of a certain succession than they seme now to be then woe alas it woundeth my very hart euen once to thinke vpon the imminent and almost ineuitable perilles of that noble Realme being lyke to be ouerwhelmed with the raiging roaring waues stormes of mutuall discorde and to be consumed with the terrible fire of ciuil dissention The feare whereof is the more by reason that already in these later yeres some flames of this horrible fire haue sparkled and flushed abroad some part of the rage of those fluddes haue beaten vpon the Englishe shores I mean the hote contention that hath there bene sturred in so many places and among so many persones Of bookes also dispersed abroode so many wayes fashioned framed as either depraued affection peruersely lusted or zelous defense of truthe sincerely moued men Seing therfore that there is iust cause of fear and of great daunger lykely to happen by this varietie of mennes myndes and opinions so diuersely affected aswell of the meaner sort of menne as of greate personages I take it to be the parte of euery naturall Englishe man of suche as fauoure them to labour and trauaile eache man for his possibilitie and for suche talent as God hath gyuen hym that this so imminent a mischiefe may be in conuenient time preuented VVe see what witt policye paynes and charges men employe with dammes weares and all kynde of ingenious deuises to prouide that the sea or other riuers doe not ouerflowe or burst the bankes in suche places as are most subiecte to suche daunger VVe knowe also what politike prouision is made in many good Cities and townes that no daungerous fires do aryse through negligence and that the furie therof if any happen may speedilye be repressed with diligence VVherein Augustus the Emperour among other his famours actes is woorthely commended honored for appointing in Rome an ordinary wache of seuen companies in seuerall places to preuent suche mischiefes as come by fyre being hereunto induced by reason that the Citie was set on fire in seuen seuerall places in one daye And shall not then euery man for his part and vocation haue a vigilant care and respect to extinguishe and quenche fuche a fyre alreadye bursten owt as may if the matter be not wyselye looked vnto subuert distroy and consume not one Citie onlye but also a whole Realme Countrye VVhiche to suppresse one ready and commodiouse waye as I thinke is that the Countrey men people of that nation may throughly vnderstand and knowe from time to time in what persone the right of succession of the Croune of that Realme doeth stande and remayne For now many men partly through ignorance of the sayd right title partly through sinister persuasion of some lewd pamphlets whereunto they haue too lightly giuen credit are seduced and caried away quite from the right opinion and good meaning whiche once they had conceiued and from the reuerence and duetie that they other wyse woulde and shoulde haue VVhiche corruption of Iudgement and opinion I doe hartely wishe to be plucked out of the hartes and mindes of men and shall in this Treatise doe my best indeuoure with moste strong reasons and prooses to remoue the same not presuminge vpon my selfe that I am better able than all others this to doe but vpon duety and zeal to open a waye fot the knoulege of trueth whiche by so many indirect meanes is restreined obscured and persecutde after reading and vewing of suche bookes and the argumentes therof as haue bene set forth by the aduersaires to the contrarie whiles I was in England Ambassador for my most gratiouse Soueraigne ladye the Quene of Scotland I attempted this woork not vnrequested of some noble personages then of great accompte nor without the aduise counsail and Iudgement of some verie skillfull in the customes lawes and statutes of that Realme VVherein I verily hope to showe suche good matter for euident demōstration of the truth as semeth to me
eight imprisoned in the Tower of london where he remayned many yeres till the death of king Edward the sixt At whiche time that patterne of singular clemencie Queene Marie dyd not only delyuer hym but also restored hym to his auncient estate of blood and dignitie This yong noble man afterward dyed without issue at Padua in Italie but if he had liued he might with best right haue claimed the Croune of England after the issues of king Henry the seuenth and Queene Elizabeth his wyfe had bene extinguishhed In this Courtney now deceased the progenie of King Edward the fowerth had bene determined as concerning the streight line if the ofspring of king Henry the seuenth and Quene Elizabeth his wyfe were not yet liuing But if that at any tyme faile then must they seke for an heyr in the collateral line Therfore it is to be noted The collaterall lyne of the succession that the before mentioned Richard Plantagenet Duke of York which was slayn by Henry the sixt in the battail of wakefeild and of whose progenie we now speake had three sonnes to witt king Edward the fowerth George Duke of Clarence and Richard Duke of Glocestre Now then for default of issue in lineal descent from Edward the eldest brother we must haue recourse as is before sayd vnto the collateral descent that is to George Duke of Clarenee the second brother and to his succession For to speak any more of Richard the yongest brother whiche dyed without issue it were superfluouse George then duke of Clarēce yonger brother to Edward the fowerth had by his vyfe Isabell Countesse of VVarwik and Sarisbury two children to witt Edward and Margaret This George vpon suspition of treason to affect the kyngdome was by kyng Edward his brother priuilye put to deathe And his sonne Edward being but a child emprisoned in the Tower of lond where he was deteined vntill at last vpon lyke surmise kinge Henry the seuenth stroke of his head But the sayd Lady Margaret Countesse of Sarisburie was maried to Sir Richard pole knight by whom she had diuers sonnes to wytt Henry Arthur Geffray Reinald the same which afterward for his rare vertues and singular wisdome and learning was aduaunced to the dignitie of a Cardinal Cardinal Pole and called Cardinal Pole Henry the eldest brother to omitt the rest had two daughters Catharin Pole the elder sister whiche was maried to Francise Hastinges Erle of Huntingdon and VVenefride the yonger sister Of whiche VVenefride there is no nede to speak any more because there is yet liuing descended of the sayd Ladye Catharin a plentifull generation Thus it is euident and very playn that whan the lineal descent in bloode from king Henry the seuenth and Queene Elizabeth his wyfe shall fayle then must the right of the white Rose that is to saye of the house of Yorke whiche dyd spring of king Edward the fowerth be transplanted and be deriued by a collateral lyne from George Duke of Clarence vnto the house of the Poles and so vnto the house of haftings or Hūtingdon Yet is there an other braunche sprong out of the same stock The novv Emperor and King Philip are descended from King Edvvard the third I mean from Edward the third in a long course of descent And that is Philip the king Catholique of Spayn descended from Iohn of Gaunt Duke of Lancastre third sonne of king Edward the third For the sayd Iohn of Gaunt had two daughters Philipp and Catharin This Ladye Philipp was mother to Edward king of Portugal of whome all other the kings of Portugal sithince that tyme till this day are descended This Edward king of Portugal was father to Eleonor the Emperesse whiche was mother to Maximilian the Emperor father to Philipp king of Castil father to that most victoriouse Emperour Charles the fift father to the most prudent Prince Philipp the King Catholik of Spayn now raigning to the most graciouse Ladye Marie mother to Rudolphus now Emperour But no to omitt any thing which apperteyneth to the Royall succession I think it good to adde a word or two touching the Lady Margaret Duglasse Aunt that is to saye sister to the father of my Soueraign Lady now Queene of Scotland her mean whiche was maried to the Erle of Leneux a mariage verie plausible to king Henrye the eight or he indued her with great possessiōs in England this Ladye Margaret had by the sayd Erle two sonnes Henry and Charles Atferward the same Henry went in to Scotland to visit his father and sing in the Court there a comely yong gentlemā verie personable and of great expectation fownd suche fauour in the sight of that most Gratiouse Queene of Scotland as her Maiestie created hym Duke of Albanie Erle of Rosse And there withal she made a speciall choyse of hym to be her husband thynking therby that because he was born and brought vp in England her right and title might be more fortifyed and all surmised defectes supplied yf any thing there were that coulde be obiected against her Maiestie After this Mariage betwene that most noble Queene and the sayd Henry was solemnized and consummate her Grace had by hym a sonne my said Soueraign now king of Scotland called Iames the sixt A noble Prince of heroical towardnesse and of the best hope the vndoubted laufull heir of that most gratiouse Queene representing allwayes from his infancie a liuely Image of his mother and of her beautie vertues and graces Thus muche in few woordes concerning the succession of the Croune of England and of those persones which clame any interest therein But to the ende that all thinges may be more perfectlye discerned I haue caused to be sett downe in a table hereunto annexed all the degrees of descents both lineal and collaterall from king Edward the third from whome eyther of those two families of York Lancastre doe take their begynning In whiche table the whole order and processe of that noble stocke hanging together in a continuall course of succession may most easily appeare at the first sight Here is to folowe a Table of the sayd Genealogie A table of the Rase and progenye of suche persones as descending from the princely families of Yorke Lācastre doe eyther iustly clame or ambytiously couet the title of successiō to the Croune of Englād VVhere by all men may see by what right and in what course eache of the yssues of King Henry the seauenth and Queene Elizabeth his wife are to be orderly called to the Croune of that Realme A genealogie of the Kinges of Englād from VVilliam Duke of Normandie called VVilliam the cōquerour vntill this present yere of our Lorde 1584. VVhereas some persones ambitiouslie coueting the Croune of England doe practize sinisterly to discredit the right title of the laufull heyres and seke priu ilye to aduaunce I knowe not what new titles of their owne creation Therefore to remoue all scruples that hereupon may growe this table
ere the first yere of his vsurped reigne turned about he was spoiled and turned out of both Croune and his life withal Yea his vsurpatiō occasioned the cōquest of the whole realme by VVilliā Duke of Normandie bastard sonne to Robert the sixt Duke of the same And may you thinke al safe sound now from like dāger if you should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice VVhat shal I now speake of the cruel ciuil warres betwene king Stephen and king Henry the second whiche warres rose by reason that the said Henry was vniustly kept from the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lamēt with the lamentable losse of Normandie Aquitaine the possibilitie of the Dukedome of Britanie and with the losse of other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawfull vsurping of him against his nephew Arthur VVell let vs leaue these greuouse and lothsome remembrances let vs yet seeke if we may finde any later interpretatiō either of the said statute or rather of the common law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exāples would not serue prouided a later but so good so sure apt mete interpretatiō for our cause as any reasonable hart may desire The interpretatiō directly toucheth our case I meane by the mariage of the Lady Margaret eldest daughter to King Hēry the vij vnto the fourth king Iames of Scotland and by the opinion of the same most prudent Prince in bestowing his said daughter into Scotlād a matter sufficient enough to ouerthrow all those cauilling inuētiōs of the aduersaries For what time King Iames the fourth sent his Ambassadour to King Henry the seuenth to obteine his good will to espouse the said Lady Margaret Polid. 26. there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not well like upon the said Mariage saying it might so fal out that the right title of the Croune might be deuolued to the Lady Margaret and her children and the Realme therby might be subiect to Scotland To the whiche the prudent and wise king answered King H. 7. vvith his Counsaile is a good interpretor of our present cause that in case any suche deuolution should happen it would be nothing preiudiciall to England For England as the chief and principal and worthiest parte of the I le should drawe Scotland to it as it did Normandie from the time of the Conquest VVhich answere was wonderfully well liked of all the Counsaile And so consequently the Mariage toke effect as appereth by Polydor the Historiographer of that Realme and suche a one as wrote the Actes of that time by the instruction of the king him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband Englād could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of that Realme VVherevpon I may well inferre that the said newe Maxime of these men whereby they would rule and ouer rule the successiō of Princes was not knowen to the said wise king neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of my Soueraigne Lady Queene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender cōsideration the aduersaries haue gone about to strayne the worde Infantes or children to the first degree only Of the like weight is their other consideration imagining and surmising this statute to be made bicause the king had so many occasions to be so oft ouer the sea with his spouse the Queene As though diuers kings before him vsed not oftē to passe ouer the seas As though this were a personal statute made of a special purpose and not to be taken as a declaration of the common law VVhiche to say is most directely repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries The mariages of King E. 3. sonnes as Iohn of Gaunt Duke of Lancastre that Maried Peters the king of Castiles eldest daughter by whose right he clamed the Croune of Castile as his brother Edmund Erle of Camhridge that maried the yongest daughter as Lionell Duke of Clarence that maried at Milaine Violant daughter and heir to Galeatius Duke of Milan But especialy Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascoine and his other sonne Richard that succeded his grandfather was borne at Burdeaux And as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philip to the King of Portugall and his daughter Catherin to the king of Spaine his Neece Iohan daughter to his sonne Erle of Somerset was ioyned in mariage to the king of Scottes Iohan daughter to his brother Thomas of wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britānie Now by these mennes interpretation none of the issue of all these noble women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Aūcestours VVhich surely had bene against the auncient presidentes examples that we haue declared and against the common Lawe the whiche must not be thought by this Statute any thing taken away but only declared and against all good reason also For as the kings of England would haue thought that Realme greatly iniuried if it had bene defrauded of Spaine or any of the foresaid countreies being deuolued to the same by the foresaid Mariages so the issue of the foresaide noble women might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretations and gloses as these men nowe frame and make vpon the statute woulde then haue serued nor nowe will serue A fond imagination of the Aduersaries of the statute of 25. E. 3. But of all other their friuolous and folish ghessing vpō the clause of the statute for Infantes de Roy there is one most fond of all For they would make vs beleue
wise shift but that the Acte without it muste perish and be of no valewe then say they wee vndoe whole Parlamentes aswel in Queene Maries time as in kings Henry the eightes time In Queene Maries time bicause she omitted the Style appointed by Parlamente Anno Henrici octaui tricesimo quinto An. H. 8.35 An. H. 8.33 21. In kinge Henries tyme by reason there was a statute that the kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hāde though he be not there personally And yet did the saied king supplie full ofte his consente by the stampe only This yet notwithstanding the said Parlamentes for the omission of these formes so exactely and precisely appointed are not destroyed and disannulled An ansvver by the vvay of reioinder to the same After this sorte in effecte haue the Aduersaries replied for the defence of the said pretensed will To this we will make our reioynder saye Firste that our principal matter is not to ioyne an issewe whether the saide kinge made and ordeyned any sufficient will or no. VVe leaue that to an other time But whether he made any Testamēt in suche order and forme as the statute requireth VVherefore if it be defectiue in the said forme as wee affirme it to be were it otherwise neuer so good and perfect though it were exemplified by the great Seale and recorded in Chancerie and taken commonly for his VVil and so accomplished it is nothing to the principal question It resteth then for vs to cōsider the weight of the aduersaries presumptions whereby they would inforce a probabilitie that the Testamēt had the foresaid requisite forme Yet first it is to be considered what presumptions and of what force number do occurre to auoide and frustrate the Aduersaries presumptions and all other like Diuers presumptions reasons against this supposed vvill VVe say then there occurre many likelyhoddes many presumptions many great and weightie reasons to make vs to thinke that as the king neuer had good and iuste cause to minde enterprise suche an Acte as is pretended so likewise he did enterprise no such Acte in deede I deny not but that ther was such authoritie geuen him neither I deny but that he might also in some honorable sort haue practised the same to the honour and wealthe of the Realme and to the good contentation of the same Realme But that he had either cause or did exercise the said authoritie in suche strange dishonorable sort as is pretended I plainely denie For being at the time of this pretēsed will furnished and adorned with issue the late king Edward and the Ladies Marie and Elizabeth their state and succession being also lately by Acte of Parlament established what neede or likelyhod was there for the king then to practise such newe deuises as neuer did I suppose any King in that Realme before and fewe in any other byside And where they were practised commonly had infortunate and lamentable successe VVhat likelyhode was there for him to practise such deuises especially in his later daies when wisdome the loue of God and his Realm should haue bene moste ripe in him that were likely to sturre vppe a greater fier of greeuouse contention and wofull destruction in England then euer did the deadly faction of the read Rose the white lately by the incorporation and vnion of the house of Yorke and Lancastre in the person of his father through the mariage of Ladye Elizabeth eldest daughter of King Edwarde the fourth moste happily extinguished and buried And though it might be thought or said that there vould be no such cause of feare by reason the matter passed by Parlament yet could not he be ignorāt that neither Parlamēts made for Hēry the fourth or cōtinuance of twoo Descentes which toke no place in geuing any Title touching the Croune in King Henry the sixt nor Parlamentes made for King Richard the third nor Parlaments of attainder made against his father could either preiudice his fathers right or releaue other against such as pretended iust right and title And as he could not be ignorant therof so it is not to be thought that he would abuse the great confidence put vpon him by the Parlament and disherite without any apparent cause the next roial blood and thinke all thinges sure by the colour of Parlamēt The litle force whereof against the right inheritour he had to his fathers and his owne so ample benefit so lately and so largely sene and felt And yet if he minded at any time to preiudice the said Lady Marie Queene of Scotland of all times he would not haue done it then when all his care was by all possible meanes to contriue and compasse a mariage betwene his sonne Edward and the said Lady and Queene Surely he was to wise of him selfe and was furnished with to wise Counsailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherison for any speciall inclinatiō or fauour he bare to the French Queene his sisters children For there haue bene of his neere priuie Counsaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howesoeuer this matter goeth certeine it is that if this pretensed will be true he transferred and transposed the reuersion of the Croune not only from the Queene of Scotland from the Ladie Leneux and their issue but euen from the Lady Francis the Ladie Eleonour also daughters to the Frēche Queene whiche is a thing in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remembrance of two other most pregnant and notable cōiectures and presumptions For among all other inconueniences and absurdities that do and may accompanie this rash vnaduised acte by this pretensed wil inconsiderately mainteined it is principally to be noted The supposed vvill is preiudicial to the Croune of England for the clame of the Croune of France that this Acte geueth apparent iust occasion of perpetual disherison of the Style Title of France incorporated and vnited to the Croune of England For whereby do or haue the Frenchemen hitherto excluded the kinges of that Realme claming the Croune of France by the title of Edward the third fallen vpon him by the right of his mother other than by a politike and ciuil law of their owne that barreth the female frō the right of the Croune And what doeth this pretensed Act of king Henrie but iustifie and strengthen their quarel and ouerthrow the foundatiō bulworke wherby the kings of England maintene their foresaid title and clame For if they may by their municipial lawe of England
exclude the said Queene of Scotland being called to the Croune by the Title of generall heritage then is the municipial law of France likewise good and effectual consequeÌ„tly the kings of England haue made all this while an vniust wrongfull clame to the Croune of FraÌ„ce But now to go somewhat further in the matter or rather to come neerer home and to touche the quicke we say as there was some apparent good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Queene Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and will whiche may easely be altered and counterfeyted and least of all make suche assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison This supposed vvill geueth occasion of ambitious aspiring For the Kinges example and boldnes in interrupting and cutting away so many branches of the neerest side and line might soone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the Kinge him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis And did not I pray you this drift and deuise fall out euen so tending to the vtter exclusion of the late Queene Marie and her Sister Queene Elizabeth if God had not repressed and ouerthrowen the same These reasones then presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of the Aduersaries grounded vpon vncertaine and mere surmises ghesses and coÌ„iectures as among other that the king was offended with the Queene of Scotland and with the Ladie Leneux VVhich is not true And as for the Ladie Leneux it hath no maÌ„ner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the king would haue especially at that time for suche cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realme or was it thinke ye euer thought by the Parlament that the king should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offeÌ„ded with the Frenche Queenes children why did he disherite the Ladie Francis and the Ladie Eleonor also Their other presumption which they ground vpon the auoyding of the vncertenty of the succession by reason of his will is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure as contrarywise it is subiecte to more vncerteintie and to lesse suertie than before Succession to the Croune more vncerten by the supposed vvill than before For whereas before the right and clame to the Croune hong vpon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vpon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoyded so now depending vpon the statute onely it is as easie by an other statute to be infringed and ouerthrowen and depending vpon a Testament it is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the witnesses vnexamined for many other like coÌ„sideratioÌ„s The Monuments of all antiquitie Much forgerie and counterfeyting of TestameÌ„ts the memorie of al ages of our owne age dayly experience can tel and shewe vs many lamentable examples of many a good lawfull TestameÌ„t by vndue and craftie meanes by false suborned witnesses by the couetous bearing and maintenance of such as be in authoritie quite vndone and ouerthrowne VVherefore Valerius Maximus crieth out against M. Crassus Valerius Maximus dict et fa. lib. 9. 6. 4. and Q Horiensius Lumina Curiae ornamenta Fori quod â—celus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presuÌ„ption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the king would not hasard the weight and importance of such a matter to reste vpon the validitie or inualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare will and Testament Ye shall nowe heare also why we thinke he did neuer attempt or enterprise any such thing It is well knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of all Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse full and sufficient proofe necessarily enforce creditte that the King to his no present commoditie and aduantage but yet to his greate dishonour and to the greate obloquie of his subiectes and other Countries to the notable disherison of so may the next royall blood did vse any such authoritie as is surmised Againe if he had made any suche assignation who doubteth but that as he coÌ„ditioned in the said pretensed will with his noble daughters In this supposed vvill is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters to marie with his Counsels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Eleonours heirs to the same condition Further more I am driuen to thinke that there passed no such limitation by the said king Henries will by reason there is not nor was these many yeares any original copy therof nor any authentical Record in the ChaÌ„cerie or els where to be shewed in all England as the Aduersaries them selues confesse And in the copies that be spread abrode the witnesses pretended to be preseÌ„t at the signing