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
title by inheritance Whereby it appeareth of how great account was the right of inheritance in his judgement and in the judgement of the people at that time Also Richard the third who after a farre more wicked maner vsurped the croun Sir THO. MOORE in his hist of RICH. the 3. judged not that anie approbation which hee might haue by Parliament could serue his turne except he did forge himself a title by deuising and publishing an vntruth to his owne mothers infamie which was that his brother King Edward was vnlawfullie begotten and that therefore his children coulde not lawfullie succeed to the croun so much did euen that wicked vsurper attribute to the nighnesse of the right lawfull blood in his owne conscience And not onelie the example of these two Kings but also of all the Princes which we haue had from King Edward the third hitherto whereof manie are renowmed for their rare wisdome and justice sheweth vs plainlie in how great regarde we ought justly to haue the right of succession by the next lawfull blood in that sundrie of them haue with armes pursued and maintained their title to the crowne of France whereof once they had possession by right of blood and none of them hitherto hath forgone their said title notwithstanding whatsoeuer frenche Lawes and acts of Parliament to the contrarie The like also hath beene the iudgement of our Parliaments concerning this matter of succession as it hath alwaies appeared by their consent in approuing the title of our Kings to the crowne of France and by their owne statutes approouing the right of the next lawfull blood to the crowne of England so oft as the ouer great power and authoritie of such as vsurped the Kingdome did not restraine their liberty By all these examples alledged by mee appeareth the great prerogatiue which is due to the next lawfull inheritour of the croune Wherefore I am perswaded that as hir Maiestie and the Parliament haue not hitherto made anie such act as is alledged by Dolman or anie other that might bee prejudiciall to the King of Scotlands title so they wil heerafter rather further him by declaring him publiklie right lawful inheritour of the Kingdom than anie wise go about to stop or hinder him not onelie in respect of his vndoubted right and of the prerogatiue and fauour due to the same but also for the manifold and great benefits which the Realm shall receaue by his admission as by the discourse following shal be made manifest A discourse shevving hovv expedient and necessarie it is for the Realme of England that the King of Scotland be in due time acknowledged and admitted for lawfulll successour to her Maiestie HAuing hitherto sufficientlie declared the King of Scotlands just title to the croune of England and disprooued such obiections as are made against the same I thought good brieflie to shew how expedient and necessarie it is for the weale publike of this Realme that he be in due time acknowledged receaued for lawfull successour to hir Maiestie To begin therefore with the consideration of his right there is no doubt but in respect thereof his admission will procure greater peace and quietnesse to the common wealth than the vnlawfull intrusion of any other For all the honest and faithfull subiects of this Kingdome will in conscience and dutie submit themselues more willinglie to the next lawfull heire succeeding according to the auncient lawes and custome of this countrie than to another comming to the croune by vnlawfull vsurpation And such as for their own priuate advantage or other respects would wish and go about to procure the disturbance of the common wealth wil haue the lesse pretence occasiō and meanes to effect their wicked desires and intentions the next lawful heire being aduanced Yea euen they who pretend any title to the croun would be rather perswaded and content to yeeld to him than to anie other of their competitors hauing lesse right Also the preferment of the next lawfull heire in that he is alreadie a King wil procure the greater peace quietnes to the common wealth For the titlers themselues the rest of our noble-men whose example and authoritie draweth commonly the people after them in matters belonging to the Royal succession will rather submit themselues to the next lawfull heire beeing alreadie a soueraigne Prince than to another not hauing so just a title and beeing but of their own rank and degree And trulie it behooueth them so to do for that if any of themselues be preferred before the rest they may haue the juster occasion to feare the jealousie and suspition of one advanced from the degree of a subject to the dignity of a King The advancement of which kinde of persons hath manie times as both our own histories others testifie procured the destruction not onlie of such as resisted them but also of those who assisted furthered them to the croun yea and of such of their own blood as they suspected might haue any wise disturbed or endangered their estate The trueth heereof is manifest by the example of King Edward the fowrth and Richard the third who both not onlie destroied and bannished their enemies of the house of Lancaster with their adherents but also the former of them put to death his own brother George Duke of Clarence and the other murthered his young nephues Edward the fift and his brother yea the principal men who of subiects made them Kings were by them destroied to wit the Earle of Warwick by King Edward the Duke of Buckinghame with others by King Richard As the like inconuenience might be justly feared if any of our owne titlers should be preferred before the rest so there is no meanes so effectuall to make such as are of the blood Royall and the reste of our nobilitie free from all such dangers and from all suspition and feare therof as the preferring of a Prince whose preheminence in dignitie far aboue them joined with the certaintie of his manifest right and the confidence which he may iustlie put in so many meanes and helpes as hee shall haue to assure his estate will make him to stand the lesse in jealousie and mistrust of others and consequently not to vse those wicked practises which inferiour persons raised from the degree of subiects to the dignitie of Princes and that by no iust title woulde by all likliehood vse for their establishment Which inconuenience is so much the lesse to bee feared in the advancement of the present King of Scotland as he hath alreadie giuen sufficient proof of his tender affection and bountie towardes such as are of his kindred and of his fauour and clemencie towards such of his Nobilitie as haue not shewed themselues ouer malitious and obstinate in offending him How much more then is it iustlie to be looked for that he will shew himselfe thankfull bountifull towardes all such of our Nobilitie and other good subiects as will highlie deserue his
naturall reason it seemeth most meete that since both countries are but one Iland they should bee also vnder one dominion Which being brought to passe we shall not neede to feare the malice and power of any enemies be they neuer so mightie Another commoditie is the reduction and keping of the Irishry vnder the obedience of the croun of England For either willingly they will submit themselues to the King of Scotlands authoritie in respect of their auncient friendship and often alliance with the Scottish nation and of the said Kings descent by blood from their auncient Kings especiallie seeing the offences they haue committed hitherto haue not bene made against him or else if vvilfullie and obstinatlie they shall persist in their rebellion they may being of the one side assaulted with our forces of the other by the Scottish nation hardened no lesse than they are to all kinde of trauaile and suffering within short time be vtterlie subdued Moreouer it will be no small advantage to vs that the Princes nobilitie and people of France Germany Denmark and other Christian nations among whome the King of Scotlands right to the crowne of England is not vnknowne will approue our vprightnesse and justice in this point and be the more willing and ready to maintain friendship entercourse traffick with vs whereas refusing the King of Scotlād his right we should procure their hatred and enemitie against vs with the danger of forraine inuasion of beeing made a praie to strangers as before I haue declared It is also a singular benefit offred vs by God that the Prince who is to succeed in the Kingdome hath issue likewise to succeed him so as we need not feare new disturbance of the common wealth for the vncertaintie of succession after his reigne For he hath alreadie three children whereof the Prince which is the eldest being past fiue yeares is of such towardnesse as great expectation may be justlie had of him Since therefore the willing admission of the King of Scotland in due time will procure so manie and great commodities to this realme as also the withstanding him in his juste cause so great inconueniences and dangers as I haue hitherto declared truelie they are to be condemned of extreme follie madnesse who being caried away with vain conceits and with the remmbrance of olde quarrels which haue bene betwixt both countries wil repine grudge at the advancement of the King of Scotland so just and necessarie for our common wealth As these men remember olde quarrels so would I wish them to remēber that there hath bene also anciēt friendship betwixt both nations especially betwixt their kings as the often alliance made betweene them doth witnesse For besids alliances made before the conquest Iane King Iohns daughter was maried to Alexander King of Scotland Margaret the daughter of his next successour Henry the third to an other Alexander Iane daughter of Edward the second to King Dauid Iane daughter to Iohn Duke of Somerset grandfather to Henrie the seauenth was maried to Iames the first lastly Margaret eldest daughter of King Henrie the seauenth to King Iames the fowrth This often alliance sheweth that there hath beene olde friendship betuixt the Kings of both nations though interrupted from time to time with quarrels and warres the principall cause wherof hauing bene the diuision of this Iland into diuerse kingdomes the vniting therof vnder one dominion will out of all doubt be the only meanes to procure peace and concord betwixt all the inhabitants thereof Which vnion as it hath beene sought heretofore though in vain by sundrie of our own Kings with no small endeauour and trauaile as namely by Edward the first Edward the second and not long since by Edward the sixt so now a fit occasion is offered of bringing the same to passe at such time as both nations by the continuance of peace and amitie which hath remained betwixt them these fiftie yeares past and by their agrement in Religion may bee easily linked in perpetuall vnitie and concorde Neither is it anie such inconuenience as some mē imagine that the Prince who is to reigne ouer both nations is not born in England considering that he is so manie waies extract and that by father as wel as by mother of the blood Royall of England and that he hath bene alwaies and continueth yet a sure and faithful friend to our estate as his behauiour towards the same doth well declare For hauing bene inuited by sundrie fair promises and large offers made him by our most hatefull and mightie enemies and sollicited by some of his owne subjects vpon injuries as they alledged done him to break of friendship with vs yet his constant affection towardes our common wealth could neuer be altered What desire he hath alwaies had of keeping our frontiers from all annoiance no lesse than his own it is well ynough knowne by his continual carefulnesse concerning this point and especiallie by his sending not long since into our countrie for pledges of good order to be kept on his part the LL. of Bacleuch Cesford Wardens of the Scottish marches His patience also in waiting for the time appointed by God and not attempting ought vvhich might be any vvise prejudicial to the person or estate of our soueraigne Lady a rare example of patience and moderation in such as are to succeed to a kingdome may be to vs a sufficient warrant of his honorable disposition and constant affection tovvards hir Maiestie and the common wealth Wherewith are joyned manie other vertues and princelie qualities that may justlie mooue vs not onlie to admit him but also to inuite him to the succession of the Kingdome as his pietie and sinceritie in Religion his magnanimitie voide of ambition his good inclination to justice tempered with clemencie his temperate minde and behauiour not stained with anie spot of filthie lust or sensualitie his princelie liberalitie yet no powling or pilling of his subjects for entertainement thereof his extraordinarie painfulnesse and great dexteritie in reforming the disorders of his realme notwithstanding sundrie difficulties and impediments which are in this reformation Besides which and other princelie vertues wherewith he is indued when he shall haue the manifolde great advantages that the Monarche of this Kingdome hath aboue other Princes as the assistance of his obedient and dutifull Nobilitie the sage advise of moste wise and expert Counsellours the godlie exhortations of the learned Cleargie procuring obedience to the Prince and his Lawes the help and furtherance of faithfull Iudges carefull Officers and other good subiects to the execution of his Lawes commandements and finally the dutifull and reuerent affection of the people towardes their Prince there is no doubt but by his meanes this Kingdome shall flourish in continuall peace with all encrease of honour and prosperitie To conclude therefore since by the prouidence of God this worthie Prince is offered to vs whose title is so just whose admission is so expedient and necessarie whose person ought to be so acceptable to vs for his good deserts and Princelie vertues I hope that all good and faithfull subiects of all estates within this Realme will in due time willinglie admit and receaue him to the succession of the kingdome FINIS
they were much discouraged the Treasurer answered that he was not ignorant of the estate and condition of all such Englishmen as followed the king but for his part swearing a spanish oath or two he knew not any of them in regard of abilitie to doe the King seruice worth the straw that lay vnder his feet Moreouer at the verie time that the Duke of Parma lay at Bruges attending the Spanish fleet and making his preparations for England when our English pensioners expected as by all liklihood they might to be aboue others honored and aduanced they wer so far deceaued of their expectation that they were the onlie rejected contemned sort of all those that followed the court all other nations besides them beeing fauoured and releeued with some moneths paie And which is more whereas they mooued the Duke sundrie times to knowe his pleasure how hee would dispose of them in that enterprise telling him that vpon the wel vsing of them depēded much matter of importance as the winning of others of their kindred acquaintance and religion who vpon hope of like good vsage would be able to do great seruice at their landing whereas contrariwise seeing them come ouer so poore in shew without credite money or armes like lackies for so were the words of their request it would be a cause to discourage and withdraw their minds from the Kings seruice they were by the Duke scornfullie and with derision rejected neither did he vouchsafe to giue them anie other answere than onlie that he would think vpon it But on the night in which vpon the hurly burly and rumor of the approching of the Spanish navy they thought to imbark he departed towards Dunkerk leauing thē all behind as vnworthie to bee called vpon or taken with him Whereupon the Earle of Westmerland my Lord Paget and sundrie of the better sort made their complaint to the Duke of Pastrana the King of Spaines base sonne by whom they were as baselie and scornfullie handled as by the other Which euill intreatie wroght so great an apprehension in my Lord Paget that he retired himself to Brussels where what with the conceit of this grief and what with other accidents he shortly ended his life The truth of al this haue I learned of men of good credite and reputation professing the Romane religion together with much more concerning this purpose which for auoiding tediousnesse I omit the rather for that I am perswaded manie of themselues are alreadie acquainted therewith Whereby the professours of that religion may perceaue what fauour they ought to look for at the Spaniards hands if they should conquer the land seing that they beeing but in a vain hope and conceat of prosperous successe did so despise the principal English noble-men and others that were in their company They haue therefore just cause as well as al other English-men to feare the tyrannie of Spaniards and to acknowledge rather the King of Scotland for right lawfull successour to the croun as no doubt but they knowe him to be than the King of Spaine whom they know to haue but a late forged and farre sought title Let them call to minde how the moste honorable and best sort of Frenchemen of their own Religion after the last Kings death woulde not acknowledge anie other then the King nowe reigning albeit at that time hee professed a Religion different from theirs and that there wanted not manie Princes of the house of Bourbon and of the Romane religion whom they might haue acknowledged How much more than should Englishmen howsoever they be affected in religion acknowledge rather the King of Scotlād who hath the right of both the Royal families of York Lancaster being a friend to all our nation and a Prince at whose handes through their faithful and dutifull behauiour they may look for grace and fauour than submit themselues in a slanish maner to the King of Spaine betraying their countrie to the most cruell enemies thereof with apparent and manifest danger of incurring so manie greuous calamities as I haue alreadie rehearsed I need not exhort our own professours of the gospell not to trust the Spaniards mercie I only warne and wish them to vse the right remedy of preuenting the great mischief which they haue just cause to fear if the Spaniards should preuaile And that is no other than to acknowledge receiue in due time the King of Scotland for next lawfull successour to her Majestie For he being thus acknowledged the quarrell which the King of Spaine pursueth against vs partly for reuenge of supposed injuries and partlie for his pretended title will be either whollie remooued or at least wise greatlie weakned For with what pretence of justice can he go about to dispossesse the King of Scotland of his known right whom he may not challenge for anie injurie done hitherto by him to his father or to himself It is very likly also that his courage and desire of inuading vs will be much quailed by this conjunction whereby hee shall perceaue that our power and meanes to defend our selues and offend him wil be redoubled But if proudly and obstinatly he will persist in the prosecution of his vniust quarrell the vniustnesse thereof will become more notorious to the world And not onelie England and Scotland but also the King of Scotlands confederats and friendes wil with al their power and might ioine togeather to withstand his malice and ambition and to be auenged of so manifest an iniurie Besides these commodities which I haue hitherto rehearsed our common wealth shall receaue sundry other great benefits by the due acknowledgement and timelie admission of the King of Scotland The first whereof is that the dominion and power of the crown of England will bee greatlie increased by the ioining therunto of his Kingdome which diuerse of our Kings haue endeauored to bring to passe as well by mariage vvith the heires of the Kingdome of Scotland as by other meanes Neither is it to be feared that the honour and dignitie of this realme vvill be thereby anie vvise empaired as vvas vvell considered and for-seene by the most noble and wise king Henrie the seauenth For when his eldest daughter Lady Margaret was to be maried to Iames the fourth King of Scotland some of his counsell fore-casting that which might fall out and saying that if his issue male failed the croun might be deuolued to the said Lady Margaret he most wisely answered that incace any such deuolution should happen it would be nothing prejudiciall to England for that it beeing the principall and more worthie part of the Iland would draw Scotland to it as it did Normandie and Aquitain with other prouinces from the time of the conquest This was the judgement of that most worthie and prudent Prince concerning the conjunction of both countries wherein without doubt al wise men and such as loue the honour and publik weale of this Realme will aggree with him And truely by all
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