And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌ„de After vvhose deathe she retorned to her father yet did kinge HeÌ„ry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ„ the saide kinge did reuiue aÌ„d renevve the like othe of allegeaÌ„ce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌ„de imagination to vvchyngeâ—k Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ„ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌ„ge other thinges by kinge Richard the secoÌ„d who succeded his grandfather kinge Edwarde the thirde which Richarde had diâ—ers worthy aÌ„d noble vncles who neither for lacke of knowledge coulde be ignoraÌ„te of their right Diuersitie of opinioÌ„s towchinge the vncle aÌ„d nephewe whether of them ovvght to be preferred in the royall gouernemeÌ„t neither for lacke of Frendes cowrage aÌ„d power be enforced to forbeare to chaleÌ„ge theire title aÌ„d intereste yet shoulde he haue had some countenance of reason aÌ„d ê“babilitye by cause many argumeÌ„tes aÌ„d the authoritie of many learned aÌ„d notable ciuiliaÌ„s do coÌ„curre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ„ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ„ taken for other then for an vsurper by excludinge him The possessioÌ„s of the crowne of â—nglands that were beyoÌ„de the seas seased into the Frenche kiÌ„gs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ„ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ„ by the practise and ambitioÌ„ of Quene Elenour hys mother aÌ„d by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ„ hym self which moste fowle and shamefull acte the saide IohnÌ„ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌ„de And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâ—hur in Bristowe castle where she miserablie ended her life Yf that gaâ—e Maxime wolde have serued to have excluded theis two children by cawse theye were straÌ„gers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ„ that the birthe owte of the legeance of Englande by father aÌ„d mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌ„de beinge then at dissention with the saide kinge IohnÌ„ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌ„s kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ„ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌ„che kinges sonne claimed the crovne of this realme iÌ„ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France †Pro here ditatevxoris iâ—re scilicet neptis Reg Io. vsque â—d mortem 〈◊〉 necessitas exigeret decertabâ— pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌ„ples are sufficieÌ„te I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâ—aued for a good suer aÌ„d substanciall interpÌ„tation of the coÌ„mon lawe And yt were not altogether froÌ„ the purpose here to coÌ„sider aÌ„d weighe with what aÌ„d howe greauouse plagues this realme hath bene ofte afflicted aÌ„d scowrged by reason of wroÌ„gfull aÌ„d vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌ„d noÌ„ber of the same plagues aswell otherwise as especiallie by the contentioÌ„ of the noble howses aÌ„d famelies of yorke aÌ„d LaÌ„caster â–ª Seinge yt ys so fortunatelie and almoste with in maÌ„s remeÌ„braÌ„ce extiÌ„ctâ— aÌ„d buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌ„r Hunt histâ— Angliae li. 6. I will nowe putt the gentle Reader in remeÌ„braÌ„ce of those onlie with whose vsurpinge titles we are nowe pÌ„sentlie in haÌ„de And to begiÌ„ne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
became I praye you of Harolde that by briberie aÌ„d helpe of his kiÌ„red vsurped the crowne against the foresaide yonge Eadgar as I haue saide aÌ„d as the olde monumeÌ„rs of our historiopraphers do plainlie testifie was the trewe aÌ„d lawful hâ—ire Cui de iure debebatÌ„ regnuÌ„ Anglo ruÌ„ Io. â—od in chronic Angliae Coulde he thincke you enioye his ambitiouse aÌ„d nawghtie vsurpinge one whole aÌ„d eÌ„tier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled aÌ„d turned owt bothe of crovne aÌ„d †Rex Edvvardê° misit c. Vt velâ—pÌ„e Edvvardê° vel filiae eâ—ê° sibi succedereÌ„t c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all FadeÌ„ verba sunt in Mat. vvestmo 1Ì„ flor hist Anâ—o 1066. Yea his vsurpatioÌ„ occasioÌ„ed the coÌ„queste of the whole realme by williaÌ„ Duke of NormaÌ„die bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe aÌ„d sownde nowe from like danger yf vve shoulde treade the saide vvroÌ„ge steppes vvithe Harolde forsakinge the right aÌ„d highe vvaye of lavve aÌ„d iustice What shall I nowe speake of the crevvell aÌ„d ciuill vvarres betvvene kinge Stephen and kinge HeÌ„rie the secoÌ„de Which vvarres rose by reasoÌ„ the saide HeÌ„ry vvas vniustlie kepte froÌ„ the crovne devë to his mother mavvde aÌ„d to him aftervvardes The petifull reigne of the saide IohnÌ„ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpiÌ„g of kinge Harrold K. Stephen and IohnÌ„ aÌ„d vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the coÌ„mon lavve for our purpose And lôa the greate goodnes and ê“uidence of God vvho hathe yf the foresaide exaÌ„ples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge HeÌ„rie the seaveÌ„the vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficieÌ„t inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth senâ—e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interpÌ„tour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right aÌ„d title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the coÌ„queste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so coÌ„sequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructioÌ„ of the kinge him self I saye theÌ„ the vvise worthy SalomoÌ„ foreseinge that suche deuolutioÌ„ might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasoÌ„ of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and â—klender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childreÌ„ to the first degre onlie Of the like weight ys his other consideration imageninge aÌ„d surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the coÌ„mon lawe Whiche to saie ys moste directlie repugnaÌ„te and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as IohnÌ„ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile IohnÌ„ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece IohaÌ„ dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes IohaÌ„ dawghter to his brother Thâ— mas of Wodstocke Duke of GloÌ„cester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womeÌ„ coulde have enioyed the crowne of Englande wheÌ„ yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncientâ— presidentes and examples that we
c. Possessio fratris beiÌ„ge gnÌ„rall Neither hathe bene or caÌ„ be stretched to the inheritaÌ„ce of the croune for the brother of the half bloud shall succede aÌ„d not the sister of the vvhole bloud as maye appeare by Iustice Moile aÌ„d †34 H 6. 58. Red. printe maie be ê“ued by kinge Etheldred brother aÌ„d successor to kinge Edwarde the Martyr and by kinge Edvvarde the confessour brother to Kinge EdmuÌ„de aÌ„d diuers others who succeded in the crovvne of EnglaÌ„de beinge but of the halfe bloud As vvas also the late Quene Marie aÌ„d ys at this present our gratious Souereigne Elizabethe Who bothe in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded as by daylie experience asvvell in the exchequer al also in all other covvrtes ys manifeste do make theire conueiance as heires in bloude the one to the other vvhiche yf they vvere coÌ„mon or priuate persones they coulde not be allovved in lavve they as ys vvell knowen beinge of the half bloude one to the other Nor that the executour shall haue the goodes and chatelle of the testatour that ys to vvitt begotten of one father but borne of sondrie mothers Yt ys also a generall rule in the lavve that the executours shall haue the goodes aÌ„d chattelles of the testatour and not the heire aÌ„d yet ys yt othervvise in the case of the crovvne for there the successor shall haue them and not the executour as appearethe in 7 H. 4 by Gascoine 7 H. 4. fo 43 11 H. 4 9. Yt ys likevvise a generall rule that a man Attainted of felonie or treason his heire throwghe the corruption of bloude Nor that a traitour is vnhable to take land by disceÌ„t withoute pardon vvithoute pardon and restitutioÌ„ of bloude ys vnable to take any landes by discente Which rule althowghe yt be generall yet yt extendethe not to the discente or succession of the crovvne althovvghe the same Attainder were by acte of ê‘liameÌ„te as maie appeare by the Attainder of Richarde Duke of yorke and kinge Edvvarde his sonne and also of kinge Henrie the seaueÌ„the whoe were attainted by acte of parliamente and never restored and yet no dishabilitie thereby vnto Edvvarde the fovvrethe nor vnto Henry the seaventhe to receave the crovvne by lavvfull succession But to thys you wolde seame to ansvvere in your saide booke saienge that Henry the seaventhe not vvithstandinge hys Attainder came to the crowne as cast vpon him by the order of the lawe For as muche that vvhen the crovvne vvas caste vpoÌ„ him that dishabilitie ceased Wherein ye confesse directlie that the Attainder ys no dishabilitie at all to the successioÌ„ of the crovvne For althovvghe no dishabilitie can be alleaged in him that hathe the crovvne in possession yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession then muste ye saie that he vvas not lavvfull kinge but an vsurper And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge and that the crovvne vvas lavvfullie caste vpon hym ye confesse directlie thereby that before he Was kinge in possession there vvas no dishabilitie in hym to take the crovvne by lavvfull succession hys saide Attainder not vvith standinge Whiche ys as muche as I vvolde vvishe you to graunte But in conclusion vnderstandinge your self that this your reason can not mainteine your intente you go abovvte an other vvaye to helpe your selfe An ansvvere to the aduersarie makiÌ„ge a difference betwene attaiÌ„der the birthe ovvte of the alleageance makinge a difference in the lavve betvvene the case of Attainder and the case of forren birthe ovvte of the kinges alleagance sainge that in the case of the Attainder necessitie dothe enforce the succession of the crovvne vpon the partie attainted For othervvise ye saie the crovvne shall not descende to anye But vpon the birthe ovvte of the kinges allegeance ye saie yt ys othervvise And for prouf therof ye put a case of I. S. beinge seased of landes and havinge issevve A and B. A ys attainted in the life of I. S. his father and after I. S. diethe A livinge vnrestored Novve the lande shall not descende either to A or B. But shall goe to the lorde of the fee by vvaye of eschete Othervvise yt had bene ye saie yf A had bene borne beyonde the sea I S. breakinge his allegeance to the kinge and after I S. cometh againe into the realme aÌ„d hathe issevve B. and diethe for novve ye saie B. shall inherite hys fathers landes Yf the crowne had bene holden of any person to whom yt might haue escheted as in your case of I S. the lande did Then paraduenture there had bene some affinitie betwene your saide case and the case of the crowne But there ys no suche matter Besides that ye muste consider that the kinge cometh to the crovvne not onlie by discente but also and cheifelie by succession as vnto a corporation And therefore ye might easelie haue sene a difference in your cases betvvene the kinges Maiestie and I S. a subiecte And also betwene landes holden of a lorde above and the crowne holden of no earthlie lorde but of God almightie onlie But yet for argumentes sake I wolde faine knowe vvhere you finde your difference aÌ„d vvhat aucthoritie you can shevve for the proof therof Ye haue made no marginall note of any aucthoritie And therefore vnlesse ye also saie that ye are Pythagoras I will not beleve your difference Well I am assuered that I can shewe you good aucthoritie to the contrarie And that there ys no difference in your cases Pervse I praie you 22. H. 6. and there maye you see the opinioÌ„ of Iustice NewtoÌ„ 22. H. â— fol. 43. that there ys no difference in your cases but that in bothe your cases the lande shall eschete vnto the lorde And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discente Where the eldeste sonne vvas borne beyonde the seas durste not abide in lavve vpon that title This aucthoritie ys againste your difference and this aucthoritie I am well assuerid ys better then any that you haue shewed to proue your difference But yf We shall admitt your difference to be accordinge to the lavve yet your cases Whervnto you applye your differeÌ„ce are nothiÌ„ge like as I have saiede before But to procede on in the proof of our purpose as yt dothe appeare The supposed maxime of the adâ—saries tovchethe not kinges borne beyoÌ„de the sea as appeareth by kinge Stephen and kiÌ„ge H. 2. that neither the kiÌ„ge nor his crovne ys bownde by theys general rules which before I haue shevved So do I like wise saie of all the residewe of the generall rules aÌ„d maximes of the lawe beinge in a maÌ„ner infinite But to retorne againe vnto your onlie supposed Maxime whiche you make so generall coÌ„cerninge the dishabilitie of persoÌ„s borne beyonde the seas yt ys verie plaine