king and crowne have great priviledge and prerogative above the state and affaires of subjects and great differences allowed in points of law As for example it is a generall common rule of law that the wife after the decease of her husband shall enjoy the third of his lands but yet the Queene shall not enjoy the third part of the Crowne after the Kings death as well appeareth by experience and is to be seene by law Anno 5. and 21. of Edward the third and Anno 9. and 28. of Henry the sixt Also it is a common rule that the husband shall hold his wives lands after her death as tenant by courtesie during his life but yet it holdeth not in a Kingdome In like manner it is a generall and common rule that if a man dye feased of Land in Fee-simple having daughters and no sonne his lands shall be divided by equall portions among his daughters which holdeth not in the Crowne but rather the eldest Daughter inheriteâ—h the whole as if she were the issue male So also it is a common rule of our law that the executor shall have all the goods and chattels of the Testator but not in the Crowne And so in many other cases which might bee recited it is evident that the Crowne hath priviledge above others and cannot be subject to rule be it never so generall except expresse mention be made thereof in the same law as it is in the former place and a statute alledged but rather to the contrary as after shall be shewed there is expresse exception for the prerogative of such as descend of Royall bloud Their second reason is for that the demand oâ— title of a Crowne cannot in true sense bee comprehended under the words of the former statute forbidding aliens to demand heritage within the allegiance of England and that for two respects The one for that the Crowne it selfe cannot be called an heritage of allegiance or within allegiance for that it is holden of no superiour upon earth but immediately from God himselfe the second for that this statute treateth onely and meaneth of inheritance by descent as heyre to the same for I have shewed before that Aliens may hold lands by purchase within our Dominion and then say they the Crowne is a thing incorporate and descendeth not according to the common course of other private inheritances but goeth by succession as other incorporations doe In signe whereof it is evident that albeit the King be more favoured in all his doings then any common person shall be yet cannot hee avoyd by law his grants and letters patents by reason of his nonage as other infants and common heires under age may doe but alwayes be said to be of full age in respect of his Crown even as a Prior Parson Vicar Deane or other person incorporate shall be which cannot by any meanes in law bee said to be within age in respect of their incorporations Whiâ—h thing maketh an evident difference in our case from the meaning of the former statute for that a Prior Deane or Parson being Aliens and no Denizens might alwayes in time of peace demand lands in England in respect of their corporations notwithstanding the said statute or common law against Aliens as appeareth by many booke cases yet extant as also by the statute made in the time of King Richard the second which was after the foresaid statute of King Edward the third The third reason is for that in the former statute it selfe of King Eâ—ward there are excepted expresly from this generall rule Infantes du Roy that is the Kings off spring or issue as the word Infant doth signifie both in France Portugall Spaine and other Countries and as the Latine word Liberi which answereth the same is taken commonly in the civill 〈◊〉 Neither may we restraine the french words of that Satute Infantâ—s du Roy to the kings children onely of the first degree as some doe for that the barrâ—nnesse of our language doth yeeld us no other word for the same but rather that therby are understood as wâ—ll the nephewes and other discendants of the king or blood Royall as his immediate children For it were both unreasonable and ridiculous to imagin that king Edward by this statute would go about to disinherit his own nâ—phews if hâ— should have any borne out of his own allegiance as easily he might at that time his sons being mâ—ch abroad from England and the black Prince his eldest son having two children borne bâ—yond the seas and consequently it is apparent that this rule or maxime set down against Aliens is no way to be stretched against the descendants of the king or of the blood Royall Their fourth reason is that the meaning of king Edward and his children living at such time as this statute was made could not be that any of their linage or issue might be excluded in law from inheritance of their right to the Crowne by their foraine birâ—h wheresoever For otherwise it is not credible â—hat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other meanâ—s as Leoneâ— the kings third son was married in Millan and Iohn of Gaunt the fourth son gave his two daughters Philip and Katherine to Portugall and Câ—stâ—le and his neece Joan to the king of Scots as Thomas of Woodstocke also the yongest brother married his two daughters the one to the king of Spaine and the other to Dâ—ke of Britaine Which no doubt they being wise Princes and so neer of the blood Royal would never have done if they had imagined that hereby their issue should have lost all claime and title to the Crown of England and therefore it is most evident that no such bar was then extant or imagin'd The fift reason is that divers persons born out of all English dominion and allegiance both before the Conquest and since have bin admitted to the succession of our Crown as lawfull inheritours without any exception against them for their foraine birth As before the Conquest is evident in yong Eâ—gar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Confâ—ssor with full consent of the whole Realm the B. of Worcester being sent as Ambassador to fetch him home with his father named Edward the out-law And since the Conquest it appeareth plainly in king Stephen and king Henry the second both of them borne out of English dominions and of Parents that at their birth were not of the English allegiance and yet were they both admitted to the Crowne Yong Arthur also Duke of Britain by his mother Constance that matched with Geffray king Henry the seconds sonne was declared by king Richard his unckle at his departure towards Jerusalem and by the whole Realme for lawfull heire apparent to the Crowne of England though
hee was going towards the place of his appoynted destiny there was given up into his hands a detection of the whole treason with request to read the same presently which he upon confidence omitted to doe Wee read also of Alexander the great how hee was not onely forbidden by a learned man to enter into Babylon whither he was then going for that there was treason meant against him in the place but also that he was foretold of Antipaters mischievous meaning against him â—n particular Buâ— the yong Prince hâ—ving so well deserved of Antipatâ—r could not bâ— brought to mistâ—ust the man that was so deaâ—e unto him and by that meanes was poysoned in a banquâ—t by three sons of Antipater which were of most credit and confidence in the Kings Chamber Here truly my heart did somewhat tremble with feare horror and detâ—station of such events And I said unto the Gentlemâ—n I beseech you Sir to talke no more of these matters for I cannot well abide to heare them named hoping in the Lord thâ—t there is no câ—use nor ever shâ—ll be to doubt the like in England especially from thâ—se mâ—n who are so much bound to her Majesty and so forward in seeking out and pursuing all such aâ— may be tâ—ought to be dâ—ngerous to her Majesties peâ—son as by the â—undâ—y late executions wee have have seâ—n and by the punishments every way of Papists we mâ—y perceive Truth it is quoth the Gentlemâ—n that justice hath bin done upon divers of late which contenteth me gâ—eatly for the terrouâ— and râ—straint of others of what sect or religion soâ—ver they be And it is most necâ—ssary doubtles for the compressing of paâ—tiâ—s that greâ—t vigilance be used in thaâ— behalfe But when I consider that only one kind of men are touched heâ—ein and that all speeâ—h regard doubt distrust â—nd watch is of them alone without reflection of eye upon other mens doings or dâ—signements when I see the double diligence and vehemency of câ—rtaine instruments which I like not bent wholly to raise wonder and admiration of the people feare terrour and attention to the dâ—inâ—s sayings and meanings of one part or â—action alone and of that namely and only which these conspirators esteem for most dangerous and opposite to themselves I am beleeve me often tempted to suspect fraud and false measure and that these men deale as wolves by nature in other Countries are wont to do Which going together in great numbers to assaile a flocke of sheep by night doe set some one or two of their company upon the wind side of the fold a far off who parly by their sent and oâ—her bruteling which of purpose they make may draw the dogs and shepheards to pursue them alone whiles the other doe enter and slay the whole flock Or as rebels that meaning to surprize a Town to turne away the Inhabitants from considering of the danger and from defence of that place where they intend to enter doe set on fire some other parts of the Towne further off and doe sound a false alarme at some gate where is meant least danger Which art was used cunningly by Richard D. of Yorke in the time of King Henrie the sixt when he to cover his owne intâ—nt brought all the Realme in doubt of the doings of Edmond Duke of Somerset his enemy But Iohn of Northamberland father to my Lord of Leycester used the same art much more skilfully when hee put all England in a maze and musing of the Protector and of his friends as though nothing could be safe about the yong King untill they were suppressâ—d and consequently all brought into his owne authority without obstacle I speake not this to excuse Papists or to wish them any way spared wherein they offend but onely to signifie that in a Countrey where so potent factions bee it is not safe to suffer the one to make it selfe so puissant by pursuit of the other as afterwards the Prince must remaine at the devotion of the stronger but rather as in a body molested and troubled with contrarie humours if all cannot be purged the best Physick is without all doubt to reduce and hold them at such an equality as destruction may not be feared of the predominant To this said the Lawyer laughing yea marry Sir I would to God your opinion might prevaile in this matter for then should wee bee in other tearmes then now we are I was not long since in company of a cetaine honourable Lady of the Court who after some speech passed by Gentlemen that were present of some apprehended and some executed and such like affâ—ires brake into a great complaint of the present time and therewith I assure you moved all the hearers to griefe as women you know are potent in stirring of affections and caused them all to wish that her Majesty had beene nigh to have heard her words I doe well remember quoth she the first dosen yeares of her Highnesse reigne how happy pleasant and quiet they were with all manner of comfort and consolation There was no mention then of fâ—ctions in religion neither was any man much noted or rejected for that cause so otherwise his conversation were civill and couâ—teous No suspition of treason no talke of bloudshed no complaint of troubles miseries or vexations All was peace all was love all was joy all was delight Her Mâ—jestie I am sure took more Recreation at that time in one day than shee doth now in a whole week and wee that served her Highnesse enjoyed more contentation in a weeke than we can now in divers yeares For now there are so many suspitions every where for this thing and for that as we cannot tell whom to trust So mâ—ny melancholick in the Court that seem male-contented so many complayning or suing for their friends that are in trouble others slip over the Sea or retire themselves upon the suddaine so many tales brought us of this or that danger of this man suspected of that man sent for up and such lâ—ke unpleasant â—nd unsavorie stuffe as we can never almost bee merry one whole day together Wherefore quoth this Lady wee that are of her Majesties traine and speciall service and doe not onely feele these things in our selves but much more in the grief of her most excellent Majesty whom we see dayly molested herewith being one of the best natures I am sure that ever noble Princesse was indued withall wee cannot but mone to behold contentions advanced so far forth as they are and we could wish most heartily that for the time to come these matters might passe with such peace friendship and tranquillity as they doe in other Countryes where difference in religion breaketh not the band of good fellowship or fidelity And with this in a smiling manner she brake off asking pardon of the company if she had spoken her opinion over boldly like a woman To whom answered a Courtier that
Majesty bâ—â—his statute Gentleman The hastning of the Conspiratours Schollar The Watch-word or the Conspiratours Lawyer Schollar Are you â—atled A great mistery Lawyer Assemblies at Communions Strangers within the Land The perill of our Countrey if Huntingtons claime take place Gentleman The Red Rose â—he White The misery of England by the contention betweene Yorke and Lanâ—aster Guelphians and Gibilâ—neâ— Edward Plantaginet Earle of Warwick The Battell by Taâ—â—â—ster on Pâ—lme Sunday An. 1460. The danger of Huntingtons claime to the Reâ—lme and to her Majesty Lawyer How Huntington maketh hiâ— titâ—e before hâ—r Majesty * The most of Huâ—tingtons Ancestâ—â—s by whoâ— hee makeâ—h â—iâ—le aâ—tainâ—ed of Treason The fâ—mous device â—f king Richard the third â—â—lowed by Huâ—tington Anno 1. Mariae A point to be noâ—ed by her Majesty The joyning of both houses The Line of Portugâ—ll The old estimation of the House of Lancaster Henry Earle of Richmond The Line of Portugall Scholar The sword of greaâ— fâ—rce â—o juâ—tifie the title of a kingdome Great dangers The beginning of the controveâ—sie betwixt York and Lancaster Edmond Crook-back beginner of the House of Lancaster Blanch. Iohn of Gaunt How the Kingdome was first brought to the House of Lancaster The issue of Iohn of Gaunt The pedegree of king Henry the seventh The two Daughters married to Portugall and Castile Forraine titles The issue of king Edwarâ— thâ— 3. Two Edmonds the two beginnerâ— of the two Houses of Lancasteâ— and Yorke The claime and title of Yorke The issue of king Edâ—ard the fourth The Duke of Clarence attainted by Parliament Huntingtonâ— title by the Duke of Clarence King Richard the third The happy conjunction of the two Houses The issue of King Henry the seventh The Line and Title of Scotland by Margaret eldest Daughter to King Henryâ—he â—he 7. Arbâ—â—â—â— The Line and Title of Suffolke by Mary second daughter to King â—enry the 7. The issue of Francis eldest Daughter to Charles Brandon Duke of Suffolke The issue of Francis eldest daughter to Charles Brandon Duke of Suffolk The issue of Elenor second daughter to Charles Brandon Scholar Huntington bebehind many other titles Gentleman The policy of the conspiratours for the deceiving of her Maiesty Scholar Leycesters variability Gentleman Barres pretended against the claâ—m of Scotland and Suffolke Against the Queen of Scotland and her sonne Against Arbella Against Darby Against the children of Hartford Scholar Leycesters dealing with the house of Suffolk Gentleman Bastardy Forraine biâ—th Lawyeâ— Bastardie laâ—â—â—l stops The impediments against Scotland three in number A protestation Touching the first impediment of foâ—raine birth An Alien may purchase The true Maxima against Alienâ— The statute of King Edward whence the Maxima is gathered Reasons why the Scottish title is not letted by the Maxima against Aliens The first reason The rule of thirds Tenant by courtesie Division among daughters Executorâ— The 2 reason The Crowne no such inherâ—tance as is meant in the statute The Crowne a corporation The â— reason The Kings issue excepted by name Liberorum F. de verb. sign The fourth reason The Kings meaning The matches of England with foraigners The fift reason Examples of forainers admited Flores hist. Anno 1066. Pol. lib. 15. Flor. hist. 1208. K. Iohn a tyrant The 6. reason The iudgement and sentence of K. Henry the seventh The 7. reason The Queene of Scots and her son no Aliens The second impediment against the Q of Scots her son which is K. Henry the â— his testament Forain birth no impediment in the â—udgement of K. Henry the â— The succession of Scotland next by the iudgement of the competitors Gentleman Lawyer The Duke of Northumberlandâ— drift Gentleman The mutable dealing of the house of Dudley Lawyer The authority and occasion of King Henries testament The Kingâ— Testament forged The first reason Injustice and improprobabilitâ— The example of France The second reason Incongruities and indignities Adrian Stokes The third reason The presupposed Will is not authenticall The disproving of the Wil by witnesses The Loâ—d Paget Sir Edw. Montague William Claâ—ke A meeting together about this matter of the Nobility Mâ— Lord of Lâ—â—â—est againe plâ—yâ—â— double The old Earle of Penbrooks admonition to the Earl his son yet living The thiâ—d impediment of religion Princes of Germany Qu. Mary Queen Elizabeth * The Dudleis Monsieur King of Navarre Prince of Condy. My Lord of Huntingtons reâ—igion The title of those that ensue the Queene of Scots Schollar The yong King of Scotland Gentl. The device to set out her Majesty with the young King of Scotland The intolerable prâ—ceedings of câ—rtâ—iâ—â—inistâ—rs in Sâ—otlâ—nd aâ—ainst tâ—eir â—iâ—g â— subornation of his enemies in Englaâ—â— Schollar Sir Patriâ—k Adâ—m on Archbish. of St. Andrewes Gentl. Treasons plotted against the King of Scots Leycesters cunning device for overthrowing the D. of Norf. The impudency of Iudas Tâ—e speeches of Leycester â—o the Duke of Norf. Leycest cousenâ—ge of tâ—e Queene The Duke of Norf. flying into Norfolke Machivilian slights Leycesters devices for the overthrow of Sir Christopher Hatton Leycesters devices against the Earle of Shrewsbury Leycesteâ—s contâ—mpt of the ancient Nobility of England Lawyer New men most contemptuous D. Dudlies jest at the Earle of Arundell Gentl. The oft abiect behaâ—iour of Duke Dudley in adverse fortunes Schollar Leycesters base behaviour in adversitie Leycâ—steâ—s deceiving of Sir Chrâ—stopher Hatton A pretie shift of my Lord of Leycester Her Maiesties speech of Leycestâ—r to the Tâ—eâ—suâ—eâ— Gentl. The danger of her Majesty by oppression of the favourers of the Scottish title A Similie true Earle of Leycester Earle of Huntington The old Countesse of Huntingtons speech of hâ—r sonne Lawyer Neaâ—enesse in competitors doth incite thâ—m to adventure Henr. Bullingbâ—ook after King H. the 4 Richard Duke of Gloucester after King Richard the third The great wiâ—edome of her Majesty in conserving the next heires of Scotland The K. of Scotlands dâ—struction of more importance to the conspirators then his mothers The Earle of Salisbury disâ—racâ—d by the competitors Gentl. Tâ—e vigilant eye that her Maiesties 〈◊〉 hâ—d to the â—olatâ—rall liâ—e Persons executed of the hâ—use of Claâ—eÌ„ce The example of Iulius Caesaâ—s destruction Too much confidence verie perillous in a Prince The example of Alexander the gâ—eat bow hee was foretold his danger Schollar Lâ—te executions Gentl. Fraud to be feared in pursuing one part or faction only The comparison of Wolves and Rebels Richard Duke of Yorke D. Dudly A good rule of policy The speech of a certain Lady of the Court. More moderation wished in matters of faction The speech of a Courtier The perill of divisions factions in a Commonwealth The dangerous sequel of dissention in our Realme Gentl. Examples of tolleration in matters of religion Germany The breach reunion again in France Flanders Moderation impugned by the conspira Cicero Cateline The Conspirators opportunitie Leycester to be called to account The death K Philip of Macedonie and cause there of Pausâ—â—ias Kings of England oveâ—tâ—râ—wn by too much favouring of some particular men K. Edw. 2 K Râ—ch 2. K. Henr. 6. Pol. lib. 23 hist. Angl. Lawyer The punishment of William Duke of Suffolk The punishment of Edmond Dudley Gentl. The causes why Princes are chosen and do receive obedience Leycesters Thefts Leycesters murthers A heap of Leycesters enormities that would be ready at the day of his triall Schollar Her Maiesties tender heart towards the â—ealme Gentl. Lâ—ycestâ—rs dâ—sire that men should thnike â—er Maiesty to stand in fâ—are of him Cicero in Officio A rule of Machivell observed by the Dudlies Leycester strong onely by her Maiesties favour An offer made for taking and tying the Beare Leicester what hee receiveth from his ancestors The comparison of Leycester with his father The weaknesse 〈◊〉 Leycesâ—â—r if â—er Majâ—sty turne but her counteâ—â—ce from him Lawyer The end and departure from the Gallerie The wicked mans pomp His joy His pride His fall His children His old age His bread His restitution His punishment His wickednesse His griefe His affliction His damnation His posterity
Sunday before the Earles deaâ—h ensuing the Friday after and when she wâ—s dead hâ—r body was swolne unto a monstrous bignesse and deformity whereof the good Earle hearing the day following lamented the case greatly and said in the presence of his Servants Ah poore Alice the cup was not prepared for thee albeit it were thy hard destiny to taste thereof Yong Honnies also whose father is Master of the châ—ldren of her Mâ—jesties chappell being at that time Page to the said Earle and accustomed to take the taste of his drinke though since entertâ—ined also among other by my Lord of Leicester for better covering of matter by his taste that he then tooke of the compound cup though in very small-quantity as you know the fashion is yet was he like to have lost his life but escaped in the end being yong with the losse onely of his haire which the Earle perceiving and taking compassion of the youth called for a cup of drinke a little before his death and drunke to Honnies saying I drinke to thee my Robin and be not afraid for thiâ— is a better cup of drinke then that whereof thou tookest the taste when we were both poysoned and whereby thou hast lost thy haire and I must lose my life This hath yong Honnies reported openly in divers places and before divers Gentlemen of worship siâ—hence his coming into England and the foresaid Lea Iâ—ishman at his passage this way towards France after he had been present at the forenamed Mistris Draykâ—ts death with some other of the Eaâ—les servants have and doe most constantly report the same where they may do it without the terrour of my Lord of Leicesters revenge Whâ—refore in this matter there is no doubt at all though most extreame vile and intollerable indignity that such a man should be so openly murdered without punishment What Noble-man within the Realme may be safe if this be suffered or what worthy personage will adventure his life in her Majesties service if this shall be his reward But Sir I pray you pardon me for I am somewhat perhaps too vehement in the case of this my Patron and noble Peere of our Realme And therefore I beseech you to goe forward in your talke whereas you left I was recounting unto you others said the Gentleman made away by my Lord of Leicâ—ster with like art and the next in order I think was Sir Nicelas Throgmarton who was a man whom my Lord of Leicester used a great while as all the World knoweth to overthwart and crosse the doings of my Lord Treasurer then Sir William Cicill a man specially misliked alwayes of Leicester both in respect of his old Master the Duke of Somerset as also for that his great wisdome zeale and singular fidelity to the Realme was like to hinder much this mans designments wherefore understanding after a certaine time that these two Knights were secretly made friends and that Sir Nicholas was lâ—ke to detect his doings as he imagined which might turne to some prejudice of his purposes having conceived also a sâ—cret grudge and griefe against him for that he had written to her Majesty at his being Embassadour in France that he heard reported at Duke Memorances table that the Queene of England had a meaning to marry her Horsâ—keeper he invited the said Sir Nicholas to a supper at his house in London and at supper time departed to the Court being called for as he said upon the sudden by her Mâ—jesty and so perforce would needs have Sir Nicholas to sit and occupie his Lordships place and therein to be served as he was and soone after by a surfeit there taken he died of a strange and incurable vomit But tâ—e day before his death he declared to a deare friend of his all the circumstance and cause of his disease which he affirmed plainly to be of poison given him in a Salet at supper inveying most earnestly against the Earles cruâ—lty and bloody disposition affirming him to be the wickedest most perilous and peâ—fidious man under heaven But what availed this when he had now received the bait This then is to shew the mans good fortune in seeing them dead whom for causes he would not have to live And for his art of poisoning it is such now and teaâ—heth so far as he holdeth all his foes in England and elsewhere as also a good many of his friends in fear therof and if it were knowne how many he hâ—th dispatched or assaulted that way it would be marvailous to the posterity The late Eale of Sussex wanted not a scruple for many yeers before his death of some dram received that made him incurable And unto that noble Gentleman Monsieur Simiers it was discovered by great providence of God that his life was to be attempted by that art and that not taking place as it did not through his owne good circumspection it was concluded that the same should be assâ—ulted by violence whereof I shall have occasion to say more hereafter It haâ—h beene told me also by some of the servaâ—ts of the late Lady Lenox who was also of the blood Royall by Scotland as all men know and consequently lâ—ttle liked by Leicester that a little before her death or siâ—knesse my Lord tooke the paines to come and visit her with extraordinary kindnesse at her house at Hackney bestowing long discourses with her in private but as soone as he was departed the good Lady fell into such a flâ—x as by no meanes could be slayed so long as she had life in her body whereupon both she her selfe and all such as were neere about her saw her disease and ending day were fully of opinion that my Lord had procured her dispatch at his being there Whereof let the women that served hâ—r be examined as also Fowler that then had the chiefe doings in her affâ—iâ—es and since hath beene entertained by my Lord of Leicester Maâ—et also a stranger borne tbat then was about her a sober and zealous man in religion and otherwise well qualified can say somewhat in this point as I thinke if he were demanded So that this art and exercise of poisoning is much more perfect with my Lord then praying and he seemeth to take more pleasure therein Now for the second point which I named touching marriages and contracts with Women you must not marvaile though his Lordship be somewhat divers variable and inconstant with himselfe for that according to his profit or pleasure and as his lust and liking shall vary wherein by the judgement of all men he surpasseth not onely Sardâ—napaâ—us and Nero â—ut even Heliogâ—batus himselfe so his Lordshâ—p also changeth Wâ—ves and Minions by killing the one denying the other using the third for a time and he fawning upon the fourth And for this câ—use he hath his tearmes and pretences I warrant you of Contracts Precontracts Postcontracts Protracts and Retracts as for example after he had killed
he were borne in Britaine out of English allegiance and so he was taken and judged by all the world at that day albeit after king Richards death his other uncle Iohn most tyrannously took both his kingdome and his life from him For which notable injustice he was detâ—sted of all men both abroad and at home most apparently scourged by God with grievous and manifold plagues both upon himself and the Realm which yeelded to his usurpation So that by this also it appeareth what the practice of our Countrey hath beene from time to time in this case of forraine birth which practice is the best intâ—rpreâ—er of our common English law which dependeth especially and most of all upon custome nor can â—he adversary alledge any one example to the contrary Their sixt is of the judgement and sentence of King Henry the seventh and of his Councell who being together in consultation at a certaine time about the marriage of Margaret his eldest daughâ—er into Scotland some of his Councell moved this doubt what should ensue if by chance the kings issue male should faile and so the succession devolve to the heyres of the said Margaret as now it doth Whâ—reunto that wâ—se and most prudent Prince made answer thâ—t if any such event should be it could not be prejudicialâ— to Englâ—nd being the bigger part but rather beneficiall for that it should draw Scotland to England that is the lesser to the more even as in times past it happened in Normandy Aquitaine â—nd some other Provinces Which answer appeased all doubts and gave singular content to those of his Councell as Polidore writeth that lived at that time and wrote the speciall matters of that reigne by the kings owne instruction So that hereby wee see no question made of king Henry or his Councellors touching forraine birth to let the succession of Lady Margarets issue which no doubt would never have beene omitted in that learned assembly if any law at that time had beene esteemed or imagined to beare the same And these are six of their principallest reasons to prove that neither by the words nor meaning of our common lawes nor yet by custome or practice of our Realme an Alien may bee debarred fâ—om claim of his interest to the Crowne when it falleth to him by righfull descent in blood and succâ—ssion But in the particular case of the Queen of Scots and â—erson they doe adde another reason or â—wo thâ—reby to prove them in very deed to be no Aliens Not only in respect of their often and continuall mixture with English blood from the beginning and especially of late the Queens Grandmother and husband being English and so her sonne bâ—goâ—ten of an English father but also for two other causes and reasons which seeme in truth of very good importance The first is for that Scotland by all Englishmen howsoever the Scots deny the same is tâ—ken and holden as subject to England by way of Homage which many of their kings at divers times have acknowledged and consequently thâ— Queene and her son being borne in Scotland are not borne out of the allegiance of England and so no forrainers The second cause or reason is for that the forenamed statute of forrainers in the 25 yeare of King Edward the third is intitled of those that are borne beyond the seas And in the body of the said statute the doubt is moved of children borne out of English allegiance beyond the seas whereby cannot bee understood Scotland for that it is a piece of the continent land within the seas And all our old Records in England that talke of service to bee done within these two countries have usually these Latin words Infraquatuor mâ—ria or in French deins lâ—zquâ—tre mers that is within the foure Seas whereby must needs be understood as well Sâ—otland as England and that perhaps for the reason before mentioned of the subjection of Scotland by way of Homage to the Crowne of England In respect whereof it may be that it was accounted of old but one dominion or allegiance And consequently no man borne therein can bee accounted an alieâ— to Englaâ—â— And this shal suffice for the first point touching foragine Nativity For the second impediment objected whâ—ch is the testament of King Henry the eight authorized by Parliament wherby they affirm the succession of Scotland to be excluded it is not precisely true that they are excluded but onely that they â—re put back behinde the succession of the hous of Suffolk For in that pretended Testament which after shâ—ll be proved to be none indeed King Henry so disposeth that after his own children â—f they shold chance to dye without issue the Crowne shall passe to the heires of Frances of Elenor his neeces by his yonger sister Mary Queene of France and after them deceasiâ—g also without issue the succession to returne to the next heire againe Whâ—rby it is evident that the succession of Margarâ—t Queene of Scotland his eldest sister is not excluded but thrust back onely from their due place and order to expect the remainder which may in time be left by the yonger Whereof in mine opinion doe ensue some considerations against the present pretenders themselves First â—hat in King Henries judgement the former pretended rule of foraine birth was no sufficient impediment agaiâ—st Scotland for if it had bin no doubt but that he would have named the same in his alleaged testament and thereby have utterly excluded that successioÌ„ But there is no such thing in the testament Secondly if they admit this testament which alotteth the Crown to Scotland next after Suffolk then seeing that all the house of Suffolk by these mens assertions is excluded by bastardy it must needs follow that Scotland by their own judgement is next so this testament wil make against them â—s indeed it doth in all points most apparantly but only that it preferreth the house of Suâ—â—olk before that of Scotland And therefore I think sir that you mistake somewhat about their opinion in alleaging this testament For I suppose that no man of my Lord of Huntingtons faction will alleage or urge the testimony of this testament but rather some friend of the house of Sâ—ffâ—lk in whose favour I take it that it was first of â—ll fâ—rged It may be quâ—th the Gentleman nor will I stand obstinatly in the contrary for that it is hard sometime to judge of what faction each one is who discoursâ—th of these affâ—irâ—s But yet I marvel â—f it were as you say wâ—y Lâ—ycesters Father â—fâ—er K. Edwardâ— death made no mention therof in the favor of Suffolk in the other testament which then he proclaimed as made by K. Edward deceased for preferment of Suffolk before his own sisters The cause of this is â—vident quoth the Lawyer for that it made not sâ—ffiâ—iently for his purpose which was to disinherit â—he two dâ—ughters of King Henry himselfe and advance the