croune by descent of blood falleth vppon IAMES the sixt King of Scotland by lineall succession heire to the Ladie Margaret eldest daughter of King Henrie the seauenth aswell of his fathers side as of his mothers The truth whereof being so manifest as it can not be denied some fauorers of the house of Suffolk and others alledge certain impediments to debarre him from his right If I would followe the example of others and especiallie of such as maintaine the false titles of the King of Spaine his sister I might alledge impediments of no little importance against the titlers of the foresaid house of Suffolke But the King of Scotlands right needeth no furtherance by stayning of any others birth or honor by reason that the obiections which are made against him beeing disprooued as easilie they may bee his right by descent of blood can not with anie reason or probabilitie be brought in question The impediments objected against him are in number three which God willing I will sufficientlie disprooue eschewing so far as I may all tediousnes The first is forrain birth the second a pretended testament of King Henrie the eight the third an acte of association alledged to haue bene made in Parliament the 27. yeare of her Maiesties reigne THE OBIECTION OF FORRAIN birth is clearlie avoided THE first by such as obiect the same is grounded vpon an alledged maxime or generall assertion of the common law which is that who soeuer is borne out of England and of father mother not beeing vnder the obedience of the King of England can not be capable of anie inheritance in England Heereunto I answere that this maxime is vntrue in that generall sense as it appeareth expreslie by that which is set doun by law in the seuenth ninth yeares of King Edward the fowrth in the eleuenth and fourteenth of King Henrie the fowrth That a stranger may purchase land in England as also that hee may inherite by his wife if he marie an inheretrix But the true maxime or rule against the inheritance of strangers is grounded onelie vpon a statute made in the 25. yeare of King Edward the third and is to be restrained vnto proper inheritances onlie to wit that no person borne out of the alleageance of the King of England whose father and mother were not of the same alleageance at the time of his birth shal be able to haue or demand anie heritage within the same alleageance as heire to anie person Which rule for sundrie reasons can not be prejudiciall to the King of Scotlands right First for that it is a common and generall rule of the Lawe of England that no rule or maxime of the law be it neuer so generall can touche or be vnderstood of matters concerning the croun except expresse mention be made thereof and that the croun is priuiledged in manie points aboue private heritages The second reason is for that the demand title of a croun can not be cōprehended vnder the words of the foresaid statute against aliens and that for two respects First for that the croun can not properlie be called an inheritance of alleageance or within alleageance as the wordes of the saide statute doe stand for that it is not holden of anie superiour nor with alleageance but immediatlie of God and secondly for that the statute meaneth plainlie of inheritance by descent for otherwise as is said an alien may holde by purchase But the croun is a thing incorporate descendeth not according to the course of other priuate inheritances but rather goeth by succession as other incorporations doe In signe whereof no King can by law auoyd his letters patents by reason of his none-age as other common heires vnder age do But he is euer presumed to be of full age in respect of his croun And as a Parson Deane or other head incorporate though he be an alien might inherite or demand landes in England for his incorporation notwithstanding the former statute so much more the inheritour to the croun though he bee borne out of the dominion of England may notwithstanding the said statute succeed justlie to the kingdome The third reason is that in the statute itself ther is expresse exceptiō of Infants du Roy by which words according to the vse of them in the french language wherein this statute is written as also of the word Liberi in latine is vnderstood not onlie the Kings issue of the first degree but also his ofspring in other degrees following For otherwise this exception would be to no purpose considering that according to the words of the statute Subjects children in the first degree borne out of the Kings alleageance may haue or demand heritages as heires to their parents or others Also the Kings children in the first degree needed no such exception because the words of the statute debarring those that should be borne of parents not being of the Kings alleageance could no wise be prejudiciall to them but rather to those of the Kings ofspring who in degrees farther remooued might bee borne in forraine dominions as sundrie of king Edward the thirds ofspring were comming of his sonns maried in diuers countries for whose behoof especiallie it seemeth that this exception was added by him to the former statute And if this exception of infants du Roy be vnderstood onlie in respect of priuate heritages that may fall to them in which onlie sense it seemeth to haue relation to the words of the statute making mention of heritages within the kings allegeance how much more is the priviledge contained therein due to the inheritour of the croun who by all right and equity may claime a greater praerogatiue in his succession to the kingdom than any other of the kings ofspring in his priuate inheritance The fourth reason is that sundrie borne out of the Realme and of parents that were not of the allegeance of England when they were born as namely king Steuen and king Henrie the second were admitted to the croune without contradiction in respect of their forraine birth Which argueth that by the common course of our old common lawes there was no such stop against aliens and that if the statute made in King Edward the thirds dayes woulde haue derogated or abridged this auncient libertie it wold haue made speciall mention thereof which it doeth not The fifth reason is the judgement of King Henrie the seauenth and of his counsell concerning this matter POLID VERG hist lib. 26. For they being in consultation together about the mariage of Margaret the kings eldest daughter with Iames the fowrth at that time King of Scotland some of them mooued a doubt to wit what should ensue if by chance the Kings issue male shuld faile and the succession descend to the said Margaret as it now doth Whereunto that moste wise and prudent Prince made answere That if so it chanced England being the cheef and principall parte of the Iland should thereby receaue no domage
but rather great aduantage for that it would draw to it self the kingdome of Scotland as before it had done Normandie and Aquitaine with other prouinces the which answere gaue full satisfaction and contentment to the counsell The same answere also both in respect of the truth thereof and of the person that made it may justlie perswade vs that the admission of the King of Scotland to the croun is no wise vnlawfull or prejudiciall to the publique weale But besides all these reasons showing manifestlie that neither by anie maxime of the common Lawe nor by the wordes of the alledged statute nor yet by the practise and custome of our Realme an alien may bee repelled from succession to the kingdome when by right of blood it falleth to him there are other two reasons which in particular make for the King of Scotland The one reason is that Scottishmen are in our Chronicles accounted as subjectes by way of homage howsoeuer they denie it In respect whereof it seemeth that the auncient records making mention of seruice to be done within this Iland containe the frenche words Dens les quatre mers or the latine Infra quatuor maria within the foure seas in which bounds Scotland being within the North sea is comprised The other reason is that the former statute of king Edward the third is intituled Of them that are borne beyond the seas and that in the bodie of the same statute the doubt is mooued of children borne out of the alleageance of England beyond the seas whereby can not bee vnderstood Scotland it being a part of the same Iland By all which reasons the obiection of forraine birth is clearlie and sufficientlie auoided Wherefore I go on forward to the confutation of the pretended Testament of king Henrie the eight THE OBIECTION OF KING Henries pretended testament is confuted IN the 28 and 35. yeares of King Henries raigne vpon some doubt which then he himselfe seemed to haue about the order of succession in his owne children and for taking away all occasion of controuersie which after his death might arise thereupon the Parliament gaue authoritie to the king to debate and determine that matter himself wirh his learned counsell who best knew the lawes of the Realme titles that anie might haue to the croun and what succession he should declare as right lawful vnder his letters patents sealed or by his last will and testament lawfullie made and signed with his own hand that the same should be receaued for good and lawfull Vpon pretence whereof soone after the kings death there was shewed a will with the kings stamp at the same the names of diuerse witnesses wherin the succession of the croun after his own children was assigned to Ladie Frances and Ladie Eleonors successours who were neeces to the King by his youngest sister Which assignation being as it were a meere gift made to Frances and Eleonor in prejudice of his eldest sisters right was founde to bee against all law reason and nature and therefore not thought to proceed from so wise a Prince as king Henrie was but rather forged and the kings stamp set to by others either when he was past vnderstanding or after his death And heereof there want not most euident reasons and proofes First it is not credible that King Henrie would against lawe and justice disherite the line of his eldest sister and so giue occasion of ciuill and forrain wars especiallie seing in such a case of so apparent wrong in so great a matter hee might well fore-see that the authoritie of a Parliament would take little effect against the true lawfull inheritour as appeared not long before in Henrie the sixt Edward the fourth Richard the third In whose reignes diuerse and contrarie Parliaments made against the next inheritour held no longer with anie of them than while he was able to make his owne part good Secondlie there be manie incongruities and indignities in the said pretended will to proceed from such a Prince as King Henrie was For what can be more ridiculous than to giue the croune to Frances and Eleonors heires and not to themselues And yet by this Testament the sonne of Abraham Stokes who maried the same Frances after the death of her first husband the Marques of Dorset beeing but her owne seruant should haue claimed before her if he had had anie by her Of lyke absurditie is it that in the same Will the King is saide to binde his owne daughters to marie by direction of his counsell or otherwise to loose the benefite of succession whereas the daughters of his neeces Frances and Eleonor were not bound thereby to anie such conditioun Thirdlie there bee diuerse arguments alledged in law why this Will is not authenticall First for that it is not aggreable to the minde and meaning of the Parliament which intended onlie to giue authoritie for declaration of the true title and not for donation or intricating thereof Also for that there is no lawfull or authenticall copie extant of the same but onlie a bare inrolment in the Chancerie which is not sufficient in so waightie an affaire no witnesse of the priuie counsell or of the nobilitie to the same which could not haue wanted in so great a cause for the best of the witnesses therein named was Sir Iohn Gates whose miserable death is well knowne No publique notarie nor probation of the will before anie Bishop or anie lawfull court appointed for that purpose no examination of the witnesses or other things ordinarilie done for lawfull confirming of such a matter But of all other things this is of moste importance that the King neuer set his own hand to the foresaid Will but his stamp was set thereto by others either after his death or when hee was past remembrance which is confirmed by witnesses farre more worthie credite in respect of their degree and reputation than Sir Iohn Gates the others whose names were subscribed For first the Lord Paget in the beginning of Queene Maries daies being of her priuie counsell discouered the same of his owne accorde and vpon meere motion of conscience confessing before the whole counsell and after before the whole Parliament how that himself was priuie thervnto and partly also culpable being drawne thereto through the instigation forcible authoritie of others Also Sir Edward Montague Lord chief justice that had bene present and priuie to the same doings and one William Clerk that put the stamp to the paper confessed the whole premisses to be true Vpon which discouerie Queen Marie her counsel caused presentlie the said inrolment lying in the Chancerie to be cancelled defaced and abolished And since that time in hir Maiesties daies that now liueth about the 11. or 12. yeare of her reigne by occasiō of a certain book spred abroad at the same time verie secretlie for advancing of the house of Suffolke by pretence of this Testament the Duke of Norfolk the Marques of Winchester which
him whereof there wanteth not a great nomber of the moste honorable and best sorte from assisting and furthering him to the Kingdome The example heerof hath bene sene not manie ages past in some of our own Kings as namelie in Edward the fowrth and Henrie the seauenth For albeit Richard Duke of Yorke HOLING an 38. HEN 6. and Edward his sonne were attainted by act of Parliament and both they and their posteritie to the ninth degree therby excluded from succeeding to anie heritage yet Edward the fowrth esteeming himself as also he was accounted by a great part of the realme next to the crowne by right of succession wanted neither courage nor assistance to pursue and win the same HOLING an 2. RICH. 3. Also though Henrie the seauenth was attainted by Parliament in King Richards daies yet at such time as remaining banished in France he had made a solemne oath and promise to espouse Ladie Elizabeth daughter and heire to King Edward the fowrth offered him in mariage by her Mother the Queene hauing then with his own claime to the croune ioyned also the right of the house of York hee was in a maner at the same time saluted honoured as King by the Earle of Oxford and other noble-men who were there present comming sone after into England wanted not assistāce to depriue the vsurper king Richard both of life and kingdome By which examples it is manifest of how little force is the authoritie of Parliament to exclude a Prince from the right due to him by inheritance or to withdraw such as fauour him from giuing him assistance or the people from the dutie and alleageance which they owe him Yea this right of successiō by blood is accounted among al nations subject to this kinde of Monarchie a thing sacred and in no wise to be violated In confirmation whereof I might alledge manie examples of sundrie forraine kingdomes But for auoiding tediousnes I will onlie set doun heere two examples of the frenche nation the one verie auncient the other of our time At such time as the croun of France fell by inheritance to Charles for his dulnesse of wit and want of iudgement surnamed the simple Odo his kinsman PAVL AEMIL hist FR in regno CAR. SIMPL. was declared King and ruled ouer the greatest parte of the Kingdome by consent almost of al the Peeres and principall nobilitie thereof except the Earle of Flanders and the Archebishop of Rhemes who did homage to Charles But Odo neere the time of his death approouing the right of his cousen Charles spake these words to the nobilitie then present as PAVL AEMYL rehearseth them in Latine CAROLVS Balbi filius id quod jus aequumque postulat Rex vocitetur á quo amouere jus regni vniuersus terrarum orbis si conspiret non valeat etiamsi sceptra manu extorqueat That is to say Let CRARLES the sonne of Balbus according right and equitie be called King from whom all the world if it should conspire against him can not remooue the right of the kingdome though it should wrest the scepter out of his hand And as then Odo did acknowledge Charles to be onlie lawfull king so both then and in al ages following was he accounted by the frenche nation whereas Odo is not so much as reckoned in the register of the frenche kings Lately also it hath bene sene that the French king who now reigneth albeit after the death of the laste King his religion was different from the Romane religion publiklie professed in France yet was hee followed and assisted not onelie by the professors of his owne religion but also by al the cheef nobilitie gentlemen and best part of the people called Catholiques notwithstanding that the Cardinal of Bourbon one of the blood Royal and of their owne Religion was called King by the seditious followers of he League And at this time he is by al French-mē of whatsoeuer Religion ackowledged for their onlie lawfull King But in this point our own people hath neuer bene inferiour to the Frenche nation or anie other which is made euident by their faithful dutifull acknowledgement of the next lawfull blood so manie ages past but especiallie by a moste notable proofe which not long since they haue giuen of the same For when Lady Iane was by the deuise procurement of some noble-men and Lordes of the counsell proclaimed Queene in London and other where the towre beeing surprised and sundrie other politick meanes vsed for her establishing and for drawing of the people to her obedience yet was not Queene Marie the lawfull inheretrix of the Kingdome abandoned therfore by the good and faithfull subiects thereof but assisted and furthered by them to the winning and possession of the croune which Ladie Iane lost togeather with her head as also her father the Duke of Suffolk her father in law the Duke of Northumberland the authour principall actour of this Tragedie her husband sonne to the said Duke and sundrie other of her friends were partakers of her miserable end as they had bene of her vnlawfull aduancement By this example may bee euidentlie seene how great is the force of right by inheritance how hard it is to draw away the hearts of the people from the lawfull heire to the acknowledging of anie other Which being vnderstood by some of our kings who deposing or excluding the lawfull successours tooke the croun on themselues judged not anie authoritie of Parliament sufficient to justifie their vsurping and approoue it to the people except they had made some pretence of a title by right and lawfull inheritance King Henrie the fowrth who at the houre of his death speaking to his sonne HOLING an 14. HENR 4. seemed to acknowledge his wrongful vsurping at such time as he took on the croun albeit he was sure not to want the authority of Parliaments to establish him yet thought not that sufficient except he had laid claime to the crowne as being by right of inheritance next to the same that not as heire to his father Iohn of Gant or to his grand-father King Edward the third for hee knewe that both king Richard whome he had deposed and Roger Mortimer Earle of Marche declared alreadie by Parliament heire apparent were neerer than himself to the croun they being heires to his fathers two elder brethren but as right and lawful heire to Henrie the third as the verie wordes of the claime HOLING an 22. RICH. 2. Anno 1 HEN. 4. that he made before a great assemblie of the nobilitie people do plainlie testifie The cause heereof was a report made by some of his fauourers to wit that Edmond sonne to Henrie the third of whome he was descended by his mother Blanche was elder brother to Edward the first but defrauded of his right by the said Edward by reason of the deformitie of his crooked back But this was nothing else but a fable deuised to conueigh to him a