A TREATISE TOVVCHING THE RIGHT TITLE AND INTEREST OF THE MOST excellent Princesse Marie Queene of Scotland And of the most noble king Iames her Graces sonne to the succession of the Croune of England VVherein is conteined asvvell a Genealogie of the Competitors pretending title to the same Croune as a resolution of their obiections Compiled and published before in latin and after in Englishe by the right reuerend father in God Iohn Lesley Byshop of Rosse VVith an exhortation to the English and Scottish nations for vniting of them selues in a true league of Amitie An 1584. All Britaine Yle dissentions ouer past In peace faith will growe to one at last Encrease of blesse expected long In Britain was begonne VVhen suche a mother dyd bring foorth VVith so good happe a sonne MARIA SCOTORVM REGINA IACOBVS VI SCOTORVM REX Through princelie grace and pietie Great is the mothers fame The king her sonne doth yeeld muche hope To imitate the same TO THE SACRED AND MOST MIGHTIE EMPEROVR AND TO THE MOST HIGH AND PVISSANT kynges and Soueraigne Princes of Christendome Iohn Lesley Byshop of Rosse wysheth peace and perpetuall felicitie SACRED AND MOST MIGHTIE Emperour and ye most puyssant kynges and Princes Christian yf you call to mynde and memorye all formes of common wealthes wherein diuerse people in tymes past aswell heathen as Christians haue bene preserued you shall finde none eyther for peace and tranquyllitie more established or for Maiestie more gloriouse than that where one hathe gouerned whiche laufullie entred as right heyr in succession and moderated all thinges with sincere indifferencio as a Iust and vpright Iudge And to omitt that this forme of Gouernemēt resembleth that regimēt wherwith God ruleth the whole world and how therfore it is the best to omitt also that the leagues of forrain Princes with their mariages and mutuall agreementes in loue and amitie are herein also included and how therfore it is profitable Likewyse to lett passe the generall peace quiett and tranquillitie whiche this assureth to all men and how therfore it is amiable the trueth of this matter will more euidentlye appear if you deeply consider what iniuries and calamities the people of that country is forced to endure where an vsurping Tyrāne not by right of successiō as laufull heir vnto his auncestor but by ambition stronghand violently intrudeth hym selfe vpon an other mans right possession For suche a one by vexing his subiectes with continuall fear oppressing them with wicked exactions and more wicked morders sticketh not to subuert all lawes of God man to the ende that he may rule all alone Thus whiles he most cruelly tirannizeth ouer his subiects and they most mortally doe hate hym what mischiefes and miseries do not burst in vpon any nation by suche a desperate head and suche discorde of membres Vherupon it foloweth well in my Iudgement that the good will of Princes toward their subiectes and the loue of Subiectes toward their Princes is the surest meanes to keepe and preserue the publick weal of any Countrie In somuche as what Region so euer wanteth this must eyther be deuided in it selfe and torne in peces with domesticall troubles or fall in to the handes of straungers Therfore of all nations that haue bene in any age I finde none that by this coniunction of mutuall amitie hathe not bene aduaunced with great felicitye and none on the other syde that by want therof hathe not eyther lyke a sore diseased or wounded bodye languished miserablye or vtterly deuolued in to extreme ruyne and destruction Yea suche misruled nations haue not alone tasted the calamities of their enormityes but haue wickedlye also casten out their vonim vpon others and with suche contagious poyson haue infected their neighboures rownd about them So as all Princes Christian that desire long to Raigne haue hereby to note and learne how it behoueth them not onlie to rule their own Countries without all manner of Tirannie but allso to prouyde so muche as in them lyeth that their neighbours be not oppressed by Tyrannes For suche neyghborhoode can not be but contagiouse because it is the nature of Tyrannes first to ransake and spoyle their own people and afterward to breake owt vpon others and to ruyne them all manner of wayes And this I wryte to the ende that all Christian Princes aswell for their own sake as for Charitie also toward their Christian neighbours should haue some speciall care to helpe that my Soueraigne Ladye Marye Queene of Scotland and the most noble King her sonne be not excluded and barred frome their right of inheritance and succession to the Croune of England after the laufull yssues of King Henrye the eyght be all deceassed Least that by vniust intrusion and inuasion of vnlaufull vsurpers the true heyr be defeated that florishing Kyngedome by tyrannie ruyned and the neighbours adioyning contagiouslye annoyed Fort sithe it is euidently knowen that all those commodities and riches wherwith England hathe plentifully furnished not onlye it selfe but other countries also haue growen specially by this occasion that it hathe bene hitherto sweetlye and peaceablye gouerned by the true and laufull heyrs to the great honour of the Gouernours and commoditie of the Subiectes and seing it is also manifest that after the deceases of all the yssues laufullie descended from Kyng Henrie the eight as I sayd before the Kyngdome of England by right euery waye belongeth vnto Marye the Queene of Scotland who seeth not that if the same Ladye be excluded from her right then not only that Realm shall be spoyled of their own commodities and their neighboures want those helpes which they haue long enioyed but also that Region wil be a neast of Tyrannes where euery familie shall robbe it selfe and as mere straungers spoile and morder one an other Now then because some vniust Competitors incensed with desire of rule doe couer their ambition by pretending a title to the Croune of England I thought it to be a part of my duetie to infringe their vntrue surmises and by strong and weightie argumentes to proue and ratifie the laufull title and right of the Queene and Kynge my Soueraigne Princes For so I hope it will fall owt that all Christian Kinges and Potentates will more reddelye performe suche honorable offices of Courtesie and Charitie as all Princes owe one to an other and that speciallie when they shall see the veritie integritie and iustice of this cause so expresselie declared as no scruple therof can stick in the hart of any indifferent persone For thoughe generallie all Christian Kynges are as it wer so lynked to gether as they should aide and defende eache others honour and dignitie in respect that they are Kynges Yet euery one of them in some one or other particulrr respecte is so allied vnto the Queene and Kyng of Scotland as they owght to take her part and to ioyne with her against her enemies And to surcease from speaking any more of the
matter groweth to faction and from factiō bursteth out to plain and open hostilitie wherevpō foloweth passing great perilles and oftentimes detestable alterations and subuersions of the plublick state For the better auoyding of suche and lyke inconueniences albeit at the beginning Princes reigned not by descent of blood and succession VVhy all the vvorld almost embraceth succession of princes rather than election but by choyse and election of the worthiest the world was for the most part constreyned to reiect and abandon election and so oftentimes in stead of a better and woorthier to take for their Gouernour some certain issue ofspring of one family though otherwyse perhappes not so mete VVhich defecte is so supplied partly by the greate benefit of the good reast and quyetnesse that the people vniuersally enioye by this course of succession and partly by the industrie and trauail of graue and sage personages whose counseil Princes doe vse in their affaires that the whole world in a manner these many thousand yeres hath embrased successiō by blood rather than by election And all politike Princes wanting issue of their own bodies to succede them haue euer had a speciall care foresight for auoyding of ciuil dissention that the people allwayes myght knowe the true and certain heyr apparent of the Croune specially when there appeared any lykelyhode of varitie of opinions or factions to ensue about the true and laufull succession in gouernement The care of English kinges to haue the successour to be knovvn This care and foresight doeth manifestly appear to haue bene not only in manye Princes of forain Countreis but also in the kynges of England aswell before as after the Conquest namely in S. Edward kyng of England that holie Confessour by declaring and appoynting Edgar Atheling his nephews fonne Flores hist anno 1057 to be his heyre as also in kynge Richard the first who before he interprised his Iourney to Ierusalem Richard Chanon of the Trinitie ī Londō assembled his Nobilitie and Commons together and by their consentes declared Arthure sonne of his brother Duke of Britain to be his next heir and Successour of the Croune Of whiche Arthure flores hist anno 1190 Poli. l. 14. as also of the sayd Edgar Atheling we will speake more hereafter This care also had king Richard the second what time by authoritie of Parlament he declared for heir apparent of the Croune the Lord Edmond Mortymer that Maried Philip daughter and heyr of his vnkle Leonell Polid. l. 20. duke of Clarence And to descend to later times the late kyng Henry the eight shewed as it is knowen his prudence and zelous care in this behalfe before his last voyage in to Fraunce And nowe if almightie God should as we be all bothe prince and others subiecte to mortall chaunces once bereaue the Realme of England of their present Queene the hartes and mindes of men being no better nor more firmely setled and stayed towardes the expectation of a certain succession than they seme now to be then woe alas it woundeth my very hart euen once to thinke vpon the imminent and almost ineuitable perilles of that noble Realme being lyke to be ouerwhelmed with the raiging roaring waues stormes of mutuall discorde and to be consumed with the terrible fire of ciuil dissention The feare whereof is the more by reason that already in these later yeres some flames of this horrible fire haue sparkled and flushed abroad some part of the rage of those fluddes haue beaten vpon the Englishe shores I mean the hote contention that hath there bene sturred in so many places and among so many persones Of bookes also dispersed abroode so many wayes fashioned framed as either depraued affection peruersely lusted or zelous defense of truthe sincerely moued men Seing therfore that there is iust cause of fear and of great daunger lykely to happen by this varietie of mennes myndes and opinions so diuersely affected aswell of the meaner sort of menne as of greate personages I take it to be the parte of euery naturall Englishe man of suche as fauoure them to labour and trauaile eache man for his possibilitie and for suche talent as God hath gyuen hym that this so imminent a mischiefe may be in conuenient time preuented VVe see what witt policye paynes and charges men employe with dammes weares and all kynde of ingenious deuises to prouide that the sea or other riuers doe not ouerflowe or burst the bankes in suche places as are most subiecte to suche daunger VVe knowe also what politike prouision is made in many good Cities and townes that no daungerous fires do aryse through negligence and that the furie therof if any happen may speedilye be repressed with diligence VVherein Augustus the Emperour among other his famours actes is woorthely commended honored for appointing in Rome an ordinary wache of seuen companies in seuerall places to preuent suche mischiefes as come by fyre being hereunto induced by reason that the Citie was set on fire in seuen seuerall places in one daye And shall not then euery man for his part and vocation haue a vigilant care and respect to extinguishe and quenche fuche a fyre alreadye bursten owt as may if the matter be not wyselye looked vnto subuert distroy and consume not one Citie onlye but also a whole Realme Countrye VVhiche to suppresse one ready and commodiouse waye as I thinke is that the Countrey men people of that nation may throughly vnderstand and knowe from time to time in what persone the right of succession of the Croune of that Realme doeth stande and remayne For now many men partly through ignorance of the sayd right title partly through sinister persuasion of some lewd pamphlets whereunto they haue too lightly giuen credit are seduced and caried away quite from the right opinion and good meaning whiche once they had conceiued and from the reuerence and duetie that they other wyse woulde and shoulde haue VVhiche corruption of Iudgement and opinion I doe hartely wishe to be plucked out of the hartes and mindes of men and shall in this Treatise doe my best indeuoure with moste strong reasons and prooses to remoue the same not presuminge vpon my selfe that I am better able than all others this to doe but vpon duety and zeal to open a waye fot the knoulege of trueth whiche by so many indirect meanes is restreined obscured and persecutde after reading and vewing of suche bookes and the argumentes therof as haue bene set forth by the aduersaires to the contrarie whiles I was in England Ambassador for my most gratiouse Soueraigne ladye the Quene of Scotland I attempted this woork not vnrequested of some noble personages then of great accompte nor without the aduise counsail and Iudgement of some verie skillfull in the customes lawes and statutes of that Realme VVherein I verily hope to showe suche good matter for euident demōstration of the truth as semeth to me
sufficient to satisfie euery honest and indifferent persone and able to persuade all such as are not obstinatly bent to their own partiall affections or not gyuen ouer to some sinister meanyng and factiouse dealing TO THE NOBILITIE AND people of England and Scotland A Poesie made by T. V. Englishman Dravve neare vvith heedfull eyes this booke peruse VVho that desires assuredlie to knovve Those iust decrees that English people vse For rightfull heyres to whom the Croune dothe grovve VVith gloriouse Rases of so riche a soyle And golden bondes of most assured peace VVhiche after vvarres and many a bloodie broyle Hath long time lasted and dothe still encrease By Henries vvyfe vvhom Stories seuenth doe name From vvhose renoumed stocke and princelie straine Marie novv present Quene of Scotland came And Iames her sonne as king to rule and raigne Vnder that Pole vvhiche vve the Northern call This ladie by her predecessors right Dothe looke the Englishe Croune to her shall fall Vertue to defend and people by her Might To guyde in peace vvhen Henries heyres are dead VVhiche vvas the eight in great renoume of late For then vvith right pretence vvho can procede To gayn saye her and spoyle her of her state And right to beare the svvaye in Englishe land But lest the simple man should grovve in doubt VVhat lavve allovves her for their heyr to stand Lesley vvell knovveing all the cause throughout As one that loues his Quene and common peace By busie toyle hathe brought this thing aboute And dothe his best to make false practise cease You Britaine 's therfore vvith attentiue heede Dravve neer and reape the croppe of this his seede Esteme his vvorke and vveighe his vvarninges vvyse That telles the truthe still one in vvoorde and mynde Regarde the right of her vvho once may ryse And rule in state your Quene to heauens resigned That onlie Realm is in most happie state VVhiche beares no Tyrannes rule nor blody band And whose renowmed Prince doeth euell hate And rules in peace the people of her land A TREATISE TOVVCHING THE RIGHT TITLE AND interest asvvell of the most excellent Princesse Marye Queene of Scotland as of the most noble Kyng Iames her Graces sonne to the succession of the Croune of England And first touching the Genealogie or pedegrue of suche Competitors as pretend title to the same Croune A DECLARATION OF THE TABLE folovveing touching the rase progenie of suche persones as descēding from the Princely families of Yorke and Lacastre doe eyther Iustlye clame or vniustlye aspire vnto the Croune of England set foorthe for this speciall intent that all men may clearlye see as by a plain demonstration and by the best proofe that can be of a true and laufull succession hovv the most Graciouse Princesse Marye Queene of Scotland and from by her the most noble King Iames the sixt of that name her Graces sonne ought Iustlye to barre all others contending to intrude them selues into the Royal Throne of the Realme of England before their time CERTAINE IT IS Queene of Scots right heir apparent of the Croune of England and assuredlie tried and knowen to all men that after the decease of Elizabeth now Queene of England without laufull yssue of her bodie the Soueraigne Gouernement of that Realme by right and iust title of a laufull succession is to remayn and come to Marie the most noble Queene of Scotland and from her to the sayd Kyng Iames. And this is suche an vndoubted truthe as the Aduersaries them selues are not able to denye it yf they will cast away all partiall affection of priuate quarrelles and sincerely discouer their owne consciences For A vvomā may haue the kingdome of England to let passe as sufficiently by others aunswered and clearly confuted that absurde paradox heretical assertion blowen abrode by vndiscrete and seditiouse libells against the regiment of women I make this full accoumpt and reckening as of a thing most clearly knowne and confessed in the hartes and myndes of euery true English man and as agreable with the lawes of God and nature that for default of heyr male inheritable to the Croune of England the next heir female in an ordinary course of inheritance succession is to be inuited called to the laufull possession of the Croune And that aswell by the auncient common lawe and custome of England yet in force as also by the Statutes and actes of Parliaments of that Realm and by the vsuall construction and continuall practise of the same In like manner it is euident and playne that the right noblye renoumed Princesse of famouse memorye Lady Margaret some tyme Queene of Scotland eldest daughter of the seuenth Henry King of England and of his most noble wyfe Queene Elizabeth the vndouted heir of the howse of Yorke was maried to Iames King of Scotland the fowerth of that name by whome she had one only sonne called king Iames the fift that the said most excellent Princesse Marye now Queene of Scotland is the sole daughter of the same King Iames the fift VVherupon it falleth owt that after the decesses of the heirs males of the bodies of the sayed kyng Henry the seuenth and Queene Elizabeth his sayd wyfe whithout laufull issue of their bodies then the right title and interest to the Croune of England ought to descend Margaret King Hēry the seuenth his eldest daughter graundmother to the Scottish Queene and come by a laufull course of inheritaunce and succession first before all others to the sayd most gracious Lady Marie Queene of Scotland as next heir in a laufull descent from her sayd graundmother the sayd Queene Margaret eldest daughter of the sayd King Henry the seuenth and of Queene Elizabeth his sayd wyfe Now this is a briefe narration of suche an vndoubted truthe as should nede no further explication if men were deuoutlye inclined to credit a truthe But because some men are by ambition so blynded caried away with their own phantasies as they mynd nothing more than with cōtentiouse quarrelles to obscure and deface this matter I must fet a further course and though the thing be playn enough of it selfe yet must it be delated with a larger discourse of many proofes experimentes and examples to the intent that all those Competitors and Chalengers whiche oppose them selues against her Maiesties right albeit of them selues they will not yeeld to reason may neuerthelesse be so conuinced and daunted as they shall haue nothing left to gaynsaye when the truthe of the cause shal be clearlye reuealed and sincerely layd open to the vewe of Princes and people of all nations Fyrst therefore I will set downe a Genealogie The argumēt of this vvorke and Pedegrue of the Kinges of England And I will deriue the same frome king Edward the thirde And so frome the most noble houses of Yorke and Lancastre in manner of an historie vntil these our dayes Then will I duelie examin suche argumētes as the Competitours
doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
the Lady Margaret Countesse of Sarisburie afterward maried to Pole The third brother Richard duke of Glocestre after the deceasse of his brother King Edward the fowerth caused the yong kyng Edward the fyft his said brothers sonne traiterously to be mordered lyke a Tyranne vsurped the Croune and called him selfe king Richard the third but as he iustly deserued he dyed dishonorably and was slain in the battail beside Bosseworth by king Hēry the seuēth so dyed without issue This seuenth king Henry descended of the house of Lancastre was then the principal persone of the other partie agaynst the house of York But to take away the matter of that contention he maried the said Elizabeth daughter to the sayd King Edward the fouerth The vnion of the houses of York and Lancastre then right heir of the house of York and so by vniting those two houses he dyd cut of all those long and perniciouse broyles Thus I haue brieflye set downe the original cause and the finall ende also of that so great and troublessome faction Yet to procede further touching the said king The yssue of Kinge Henry the seuenth Henry the seuenth he had by his said wyfe Quene Elizabeth a sonne called king Henry the eight for his other sonnes I omit because they died in the life tyme of their father and without issue And he had also two daughters Margaret wyfe of the fowerth kyng Iames of Scotland and Marie the wyfe of the twelueth king Lewes of Fraunce This king Henry the eight had for his first wyfe Catharin daughter to Ferdinando king of Spayn and by her he had a daughter the Ladye Marye afterward Queene of England But vnder a pretence that the sayd Catharin was the wyfe of his deceassed brother Arthur he putt her awaye and brought in Anne Bolleine daughter of Syr Thomas Bolleine knight and by her he had a daughter the most renowmed Lady Elizabeth now Queene of England And afterward he stroke of the head of the sayd Anne and Maryed the Ladye Iane Semer a knyghtes daughter by whom he had his sonne Edward whiche afterward was Kinge Edward the sixt and dyed without yssue Then were called to the crown by succession first the sayd Lady Marie and after her the sayd Ladye Elizabeth now Queene After whose deceasses without any laufull yssue of their bodyes the next place in succession ought of right to remayn to the sayd most noble Ladye Marye now Queene of Scotland But before I enter into the explication of this matter it shall not be farre from the purpose somewhat to speake of these other personnes that chalenge the right of fuccession as properly to them selues belonging King Henry therfore the seuenth by the sayd Queene Elizabeth daughter to king Edward the fowerth had as you haue heard his said sonne king Henry the eight and his sayd two daughters the Lady Margaret wyfe to king Iames of Scotland the fowerth the said Lady Mary wyfe to the sayd king Lewes of Fraunce the twelueth by whom she had no yssue The yssue of Queene Margaret of Scotlād And the sayd king Henry the eight had as I haue sayd by diuerse venters his sayd thre children king Edward Queene Marie and Queene Elizabeth Of the sayd Queene Margaret eldest daughter to the seuenth king Henry of England was by the sayd King Iames the fowerth her first busband begotten and borne the fift king Iames of Scotland father to the sayd most noble Ladye Marie now Queene of Scotland And after the decease of the sayd king Iames the fowerth the same Queene Margaret was maried to Archebald Erle of Anguish and by him had a daughter called the Ladie Margaret Duglasse sometyme the wyfe of Mathew Steward Erle of Leneux by whom she had two sonnes Henry and Charles of whom I will speake here after Mary the yonger daughter of king Henry the seuenth after the decease of her first husband the twelueth king Lewes of Fraunce The yssue of Marye the Frēche Queene by whom she had no yssue was maried to Charles Brandon Duke of Sulffolk by whom she had two daughters Frācise Eleonor For of her sōnes I omitt to speak because they died without issue The said Lady Francise was maried to Henry Gray Marquesse of Dorcestre afterward Duke of Suffolke This Henry Gray begat of her thre daughters to witt Iane Catharin Mary The same Lady Iane eldest of those thre was maried to Gilford Dudley the sonne of Iohn duke of Northumberland a mariage begunne in an vnfortunate houre for it brought with it destruction aswell to them bothe as to their parents and many others The sayd Ladye Catharin was espoused to Henry Harbert eldest sonne of VVilliam Erle of Pembroche And the Ladye Marye yongest of the said three was betrothed to Arthur Gray sonne of VVilliam Gray But bothe those contractes afterward by the procurement and special labour of the parentes rather than vpon good matter as I haue heard were in open court dissolued and pronounced to be of no validitie in law The like happened touching a priuie contract made betwene the same Lady Chatharin the Erle of Hartforde by whom she had two sonnes yet lyuing Of whome I will speak hereafter And thus farre touching the issue of the Lady Francise th one of the sayd two daughters of Charles Brandon by Mary the Frenche Queene Now let vs come to the sayd Lady Eleonor the other daughter of the sayd Mary This Eleonor was maried to George Clyfford Erle of Cumberland who had by her a daughter the Lady Margaret now wyfe to the Erle of Darby whiche two haue issue betwene them yet liuing And this is the true genealogie and pedegrue forsomuch as I could euer learn of all suche issue and ofspring descended of king Henry the seuenth and Queene Elizabeth his wyfe as at this day can claime any right title or interest in the Croune of England The remayn is to adde hereunto somewhat touching the progenie of the before named king Edward the fowerth The yssue of King Edvvard the fouerth This king Edward the fowerth the principall personne of the faction of the whyte Rose had two sonnes whom his brother Richard aspiring to the Croune a patern of the worst marke that euer was in the memory of man caused to be mordred And he had also fower daughters the eldest was Queene Elizabeth the before named wyfe of King Henry the seuenth the cheefe of the faction of the reade Rose as is before mentioned An other of the daughters was the Lady Catharin wyfe to VVilliā Courtney Erle of Deuonshire Of the other two daughters there is left no issue and therfore I omitt them This Lady Catharin had by the sayd Erle of deuonshire a sonne called Henrie Courtney whom his Cosin germain king Henry the eight caused to be beheaded vpon a pretense of treason This Henry Courtney left one onlye sonne called Edward Courtney whom in his tender yeres king Henry the
eight imprisoned in the Tower of london where he remayned many yeres till the death of king Edward the sixt At whiche time that patterne of singular clemencie Queene Marie dyd not only delyuer hym but also restored hym to his auncient estate of blood and dignitie This yong noble man afterward dyed without issue at Padua in Italie but if he had liued he might with best right haue claimed the Croune of England after the issues of king Henry the seuenth and Queene Elizabeth his wyfe had bene extinguishhed In this Courtney now deceased the progenie of King Edward the fowerth had bene determined as concerning the streight line if the ofspring of king Henry the seuenth and Quene Elizabeth his wyfe were not yet liuing But if that at any tyme faile then must they seke for an heyr in the collateral line Therfore it is to be noted The collaterall lyne of the succession that the before mentioned Richard Plantagenet Duke of York which was slayn by Henry the sixt in the battail of wakefeild and of whose progenie we now speake had three sonnes to witt king Edward the fowerth George Duke of Clarence and Richard Duke of Glocestre Now then for default of issue in lineal descent from Edward the eldest brother we must haue recourse as is before sayd vnto the collateral descent that is to George Duke of Clarenee the second brother and to his succession For to speak any more of Richard the yongest brother whiche dyed without issue it were superfluouse George then duke of Clarēce yonger brother to Edward the fowerth had by his vyfe Isabell Countesse of VVarwik and Sarisbury two children to witt Edward and Margaret This George vpon suspition of treason to affect the kyngdome was by kyng Edward his brother priuilye put to deathe And his sonne Edward being but a child emprisoned in the Tower of lond where he was deteined vntill at last vpon lyke surmise kinge Henry the seuenth stroke of his head But the sayd Lady Margaret Countesse of Sarisburie was maried to Sir Richard pole knight by whom she had diuers sonnes to wytt Henry Arthur Geffray Reinald the same which afterward for his rare vertues and singular wisdome and learning was aduaunced to the dignitie of a Cardinal Cardinal Pole and called Cardinal Pole Henry the eldest brother to omitt the rest had two daughters Catharin Pole the elder sister whiche was maried to Francise Hastinges Erle of Huntingdon and VVenefride the yonger sister Of whiche VVenefride there is no nede to speak any more because there is yet liuing descended of the sayd Ladye Catharin a plentifull generation Thus it is euident and very playn that whan the lineal descent in bloode from king Henry the seuenth and Queene Elizabeth his wyfe shall fayle then must the right of the white Rose that is to saye of the house of Yorke whiche dyd spring of king Edward the fowerth be transplanted and be deriued by a collateral lyne from George Duke of Clarence vnto the house of the Poles and so vnto the house of haftings or Hūtingdon Yet is there an other braunche sprong out of the same stock The novv Emperor and King Philip are descended from King Edvvard the third I mean from Edward the third in a long course of descent And that is Philip the king Catholique of Spayn descended from Iohn of Gaunt Duke of Lancastre third sonne of king Edward the third For the sayd Iohn of Gaunt had two daughters Philipp and Catharin This Ladye Philipp was mother to Edward king of Portugal of whome all other the kings of Portugal sithince that tyme till this day are descended This Edward king of Portugal was father to Eleonor the Emperesse whiche was mother to Maximilian the Emperor father to Philipp king of Castil father to that most victoriouse Emperour Charles the fift father to the most prudent Prince Philipp the King Catholik of Spayn now raigning to the most graciouse Ladye Marie mother to Rudolphus now Emperour But no to omitt any thing which apperteyneth to the Royall succession I think it good to adde a word or two touching the Lady Margaret Duglasse Aunt that is to saye sister to the father of my Soueraign Lady now Queene of Scotland her mean whiche was maried to the Erle of Leneux a mariage verie plausible to king Henrye the eight or he indued her with great possessiōs in England this Ladye Margaret had by the sayd Erle two sonnes Henry and Charles Atferward the same Henry went in to Scotland to visit his father and sing in the Court there a comely yong gentlemā verie personable and of great expectation fownd suche fauour in the sight of that most Gratiouse Queene of Scotland as her Maiestie created hym Duke of Albanie Erle of Rosse And there withal she made a speciall choyse of hym to be her husband thynking therby that because he was born and brought vp in England her right and title might be more fortifyed and all surmised defectes supplied yf any thing there were that coulde be obiected against her Maiestie After this Mariage betwene that most noble Queene and the sayd Henry was solemnized and consummate her Grace had by hym a sonne my said Soueraign now king of Scotland called Iames the sixt A noble Prince of heroical towardnesse and of the best hope the vndoubted laufull heir of that most gratiouse Queene representing allwayes from his infancie a liuely Image of his mother and of her beautie vertues and graces Thus muche in few woordes concerning the succession of the Croune of England and of those persones which clame any interest therein But to the ende that all thinges may be more perfectlye discerned I haue caused to be sett downe in a table hereunto annexed all the degrees of descents both lineal and collaterall from king Edward the third from whome eyther of those two families of York Lancastre doe take their begynning In whiche table the whole order and processe of that noble stocke hanging together in a continuall course of succession may most easily appeare at the first sight Here is to folowe a Table of the sayd Genealogie A table of the Rase and progenye of suche persones as descending from the princely families of Yorke Lācastre doe eyther iustly clame or ambytiously couet the title of successiō to the Croune of Englād VVhere by all men may see by what right and in what course eache of the yssues of King Henry the seauenth and Queene Elizabeth his wife are to be orderly called to the Croune of that Realme A genealogie of the Kinges of Englād from VVilliam Duke of Normandie called VVilliam the cōquerour vntill this present yere of our Lorde 1584. VVhereas some persones ambitiouslie coueting the Croune of England doe practize sinisterly to discredit the right title of the laufull heyres and seke priu ilye to aduaunce I knowe not what new titles of their owne creation Therefore to remoue all scruples that hereupon may growe this table
most open and euidente so it is moste conformable to the lawe of God of Nature and of that Realme And consequentlye in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Royal blood She is a Kinges and a Queenes daughter her selfe a Queene daughter as is before declared to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to the late King Henrie the eight VVhose daughter also the late Ladie Lenoux was by a later husbande But Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Eleonour late wife to the Earle of Cumberlande and their Progenie proceede from the Lady Marie Dowager of Fraunce yongest Sister of the sayd King Henrye late wyfe to Charles Brandon Duke of Suffolke as is before declared I might here fetche foorth olde farne dayes I might reache backe to the noble worthie Kings long before the Conquest of whose Royal blood she is descended VVhiche I Intend not to treat vpon at this tyme. And though perhappes it might seme not much to enforce her title yet may it serue to proue her no stranger to England being of so long continuance and so many wayes descended of the kings and Royal blood of that Realme But the Argumentes and prouffes whiche we meane to alleage and bring forth for the confirmation of her right and title in Succession as Heire apparent to the Croune of England are gathered and grounded vpon the lawes of God and nature and not onely receaued in the Ciuile policies of other nations but also in the olde lawes and Customes of the Realme of England by reason approued by vsage and longe continuance of tyme obserued from the first constitution of that Realme in politicall order vnto this present day And yet for all that hath it bene and yet is by some men attempted artificiallye to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the sayd iust title the whiche they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And though it were enough for vs our cause being so firmely and suerly established vpon all good reason and lawe to stande at defence and only to auoide as easely we may their obiections whiche principally and chiefly are grounded vpon the common lawes and Statutes of that Realme yet for the bettering and strengthening of the same we shall Lay forth sundrie great inuincible reasons conioyned with good and sufficient authoritie of the lawe so approued and confirmed that the Aduersaries shal neuer be able iustly to impugne them And so as we trust after the reading of this Treatise and the effectes of the same well digested no maner of scruple ought to remaine in any indifferent mans hart concerning her right and title VVhose expectation and conscience allthough we truste fully in this Discourse to satisfie doubt nothing of the righteousnes of our cause yet must we nedes confesse the manner forme to entreate therof to be full of difficulty perplexity For such causes of Princes as they be seldome and rare so is it more rare strange to finde them discoursed discussed and determined by any lawe or statute albeit nowe then some statutes tende that waye Inst de iust iure â— fin Neither do the lawes of England nor the Corps of the Romaine and Ciuil lawes medle so muche with the direction of the right L. princeps â— de leg l. dignuÌ„ vâ—x C. eodem and titles of kings as with priuate mens causes And yet this notwithstanding for the better iustification of our cause albeit it I denie not but that by the common lawe it must be knowen who ought to haue the Croune and that the common lawe muste discerne the right aswel of the Croune as of subiectes yet I saye that there is a great difference betwene the Kings right and the right of others The common lavve of England is rather grounded vpon a generall custome than vpon any lavve vvritten And that the title of the Croune of that Realme of England is not subiect to the rules and principles of the common lawe of that Realme as to be ruled and tryed after suche order and course as the inheritance of priuate persones is by the same For the proofe whereof let vs consider what the common lawe of that Realme is and how the rules thereof be grounded and do take place It is very manifeste and plaine In Prologo suo eiusdeÌ„ li. fo 1. 2. De dict Ranulpho Glanuilla vide Giraldum Cambren in topogra de VVallia that the common lawe of the Realme of England is no lawe written but is grounded onely vpon a common and generall custome throughout the whole Realme as appeareth by the Treatise of the auncient famous VVriter of the lawes of the Realme named Ranulphus de Glanuilla who wrote in the time of the noble King Henrie the second of the lawe and Custome of the Realme of England being then and also in the time of the raigne of King Richarde the firste the chiefe Counsailour and Iustice of the same king and also by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncellour of England De laudibus Legum Angliae Fortescue de lau Leg. Angl. c. 17. 8. E. 4. 19. 33. H. 6. 51. Pinsons prime And by 33. H. 6. 51. and by E. 4. 19. VVhiche Custome by vsage and continuall practise heretofore had in the kinges Courts within that Realme is onely knowen and mainteined wherein the English nation seeme much agreable to the olde Lacedemonians who many hundred yeres past Inst de in re natura gent. ciuil §. ex non script most politikely and famously gouuerned their common VVealth with lawe vnwritten whereas among the Athenians the writen lawes bare all the sway This thing being so true as with any reason or good authoritie it can not be denied then we are further to consider whether the kinges title to the Croune can be examined tried and ordered by this common Custome or no. Yf it may then must yt be proued by some recorde that it hath bene so vsed otherwise the aduersaries only say it and nothing at all proue it For nothing can be sayde by lawe to be subiecte to any custome vnlesse the same hath bene vsed accordingly and by force of the same custome But I am well assured The Aduersaries haue shevved no rule of the common lavve that bindeth the Croune that the aduersaries are not able to proue the vsage and practise thereof by any record in any of the Kings courts Yea I will further say and also proue that they neither haue shewed nor can shew any one rule general or special of the
Chattles of the testatour not the heyre And yet is it other wise in the case of the Croune For there the successour shall haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente 6. VVhich rule although it be generall yet it extendeth not to the descente or succession of the Croune Nor that a traitour is vnable to take lādes by discēte and vvithout pardō although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Ricarde Duke of Yorke and king Edward his son and also of king Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto any of them to receaue the Croune by lawfull succession But to this the aduersaries wold seeme to answere in their said booke sayeing that Henry the seuenth not with standing his attainder came to the Croune as caste vpon him by the order of the lawe for so much as when the Croune was caste vpon him that dishabilitie ceassed VVherein they confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful successiō then must they say that he was not lawful King but an vsurpet And therfore in confessing Henry the seuenth to be a lawful king and that the Croune was lawfully caste vpon him they confesse directly thereby that before he was kinge in possession there was no dishabilitie in him to take the Croune by lawful succession his said Attainder not withstanding whiche is as muche as I would wish them to graunt But in conclusion vnderstanding them selues that this their reason can not mainteine their intent An aunsvvere to the aduersary making a difference betvvene attainder the birth out of the allegeance they goe about an other way to helpe them selues making a difference in the lawe betwene the case of Attainder the case of foraine birth out of the kinges allegeance sayeinge that in the case of the Attainder necessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise they say the Croune shall not descēde to any But vpon the birth out of the kinges allegeāce they say it is otherwise And for proofe thereof they put a case of I. S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I. S. his father and after I. S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had bene they say if A. had bene borne beyond the sea I. S. breaking his allegeance to the king and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now they say B. shall inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in theyr case of I. S. the lande did then peraduenture there had bene some affinitie betwene theyr said case and the case of the Croune But there is no suche matter Bysides that they muste consider that the king cometh to the Croune not onely by descent but also chiefly by succession as vnto a corporation And therefore they might easely haue sene a difference in theyr cases betwene the kinges Maiestie and I. S. a subiecte And also betwene landes holden of a Lorde aboue the Croune holden of no earthly Lorde but of God almighty onely But yet for arguments sake I woulde faine knowe where they finde their difference and what authoritie they can shew for the proof thereof They haue made no marginal note of any authoritie therefore vnlesse they also saye that they are Pythagoras I will not beleue theyr difference VVel I am assured that I can shew good outhoritie to the contrarie and that there is no difference in theyr cases Yf they peruse 22. H. 6 22. H. 6. fol. 43. there may they see the opinion of Iustice Newton that there is no difference in theyr cases but that in both theyr cases the lande shall eschete vnto the Lorde And Prisote being then of Counsaile with the party that clamed lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in lawe vpon the title This authoritie is against theyr differēce this authoritie I am well asseured is better then any that they haue shewed to proue their difference But if we shall admit their difference to be according to the lawe yet their cases where vnto they applie their difference are nothing like as I haue said before Now then to procede on in the proofe of our purpose as it doth appeare that neither the King nor his Croune is bound by these generall rules whiche before I haue shewed so do I likewise say of all the residue of the general rules Maximes of the lawe being in a manner infinite The supposed Maxime of the aduersaries toucheth not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. But to retourne againe vnto their onely supposed Maxime whiche they make so general concerning the dishabilitie of persones borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of the Realme of Englande as it may appeare by king Stephen and by king Henry the second who were both straungers and Frenchemen borne out of the kinges allegeance and neither were they kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull kinges of England nor their title was by any man at any time defaced or comptrolled for any suche consideration or exception of foraine birth The aduersaris obiection touching King H. 2. auoided And it is a worlde to see how the aduersaries would shifte their handes from the said king Henry the second They say he came not to the Croune by order of the lawe but by capitulation for asmuche as his mother by whome he conueied his Title was then liuing VVell admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abylitie And although I did also admit that he had not the Croune by order of the lawe during his mothers life yet after his mothers death no man hath hitherto doubted but that he was king by lawfull succession and not against the lawes and Customes of that Realme For so might they put a doubt in all the Kinges of that Realme that euer gouerned sithens VVhiche thing
we suppose they are ouer wise to goe about Bysides this I haue hard some of the aduersaries for further helpe of their intention in this matter say that king Henry the second was a Queenes childe so king by the rule of the common lawe Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by king Stephen And therefore king Henry the second can not iustly be sayed to be a Queene of Englandes childe nor yet any kynges childe vnlesse ye would intend the kinges children by the wordes of Infantes de Roy c to be children of further degree descended from the right line of the king for so ye might say truely that he was the child of king Henry the first being in deede the sonne and heire of Maude the Emperesse As touching Arthur King Richardes nephevve Vt autem pax ista suÌ„ma dilectio tam multiplici quam arctiori vinculo connectatur praedictis curiae vestrae magnatiê° id ex parte vestra tractantibus Domino disponeÌ„te condiximus inter ArthuruÌ„ egregium DuceÌ„ Britanniae nepoteÌ„ nostruÌ„ haeredeÌ„ si forte sine prole obire nos coÌ„tigerit filiaÌ„ vestraÌ„ matrimonium coatrahendum c. In trastatu pacis inter Richa 1. TancreduÌ„ RegeÌ„ Siciliae Vide Reg. Houeden Richardum Canonicum S. Trinitatis Londiu daughter and heire of kinge Henry the first VVhereby the saide rule of the aduersaries is here fowly foiled And therefore they would for the maintenance of theyr pretensed Maxime catche some holde vpon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde They say then like good and ioly Antyquaries that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected from the Croune for that cause it is very false Neither haue they any authoritie to proue theyr vaine opinion in this pointe For it is to be proued by the Cronicles of that Realme that king Richarde the first vncle vnto the sayd Arthur taking his iourney toward Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune which would not haue bene if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although king Iohn did vsurpe aswell upon the said king Richard the first his eldest brother as also vpon the sayd Arthur his nephewe yet that is no proof that he was reiected bycause he was borne out of the Realme Yf these menne could proue that then had they shewed some reason and president to proue their intent whereas hytherto they haue shewed none at all nor I am wel assured shall euer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by the Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of England These reasons and authorities may for this time suffice to proue that the Croune of that Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same VVhiche thing being true all the obiections of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of that Realme are fully answered and thereby clearly wiped away Yet for further arguments sake and to the ende we might haue all matters sifted to the vttermost and therby all things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of that Realme were to be examined and tried by the rules and principles of the common lawe and then let vs consider and examin further whether ther be any rule of the common lawe or els any statute that by good iust construction can seeme to impugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente from king Henry the seuenth and by his eldest daughter as we haue shewed there is no man so impudent to denie VVhat is there then to be obiected among all the rules Maximes and iugements of the common law of that Realm Only one rule as a general Maxime is obiected against her And yet the same rule is so vntruely set forth that I can not well agree that it is any rule or Maxime of the common lawe of the Realme of England Their pretensed Maxime is whosoeuer is borne out of the realme of England and of father and mother not being vnder the obedience of the king of England A false Maxime set forth by the aduersaries 7. E. 4. fol. 28. 9. E. 4 fol. 5. 11. H. 4. fol. 25. 14. H. 4. fol. 10. cannot be capable to inherite any thing in England VVhiche rule is nothing true but altogether false For euery stranger and Alien is hable to purchace the inheritance of landes within that Realm as it may appeare in 7. 9. of king Edward the fourth and also in 11. 14. of king Henrie the fourth And although the same purchasse is of some men accounted to be to the vse of the king yet vntill such time as the king be intitled there vnto by matter of Record the inheritance remaineth in the Alien by the opinion of all men And so is a very Alien capable of inheritance within that Realme And then it must nedes fall out verye plainlye that this generall Maxime where vpon the aduersaries haue talked and bragged so muche is now become no rule of the common lawe of that Realme And if it be so then haue they vtered very many woordes to small purpose But yet let vs see further whether there be any rule or Maxime in the common lawe that may seeme any thing like to that rule wherevpon any matter may be gathered against the title of the said Marie Queene of Scotland There is one rule of the common lawe in woordes some what like vnto that whiche hath bene alleaged by the aduersaries VVhich rule is set forth and declared by a statute made anno 25. of king Edward the third VVhiche statute reciting the doubt that then was whether infants borne out of the allegeance of England should be hable to demaund any heritage within the same allegeance or no it was by the same statute ordeined that all infantes inheritours whiche after that time should be borne out of the allegeaÌ„ce of the king whose father and mother at the time of their birth were of the faith and allegeance of the king of England should enioy the same benefittes and aduantages to haue and holde heritage within the said allegeance
as other heires should VVhervpon it is to be gathered by dew iust cōstruction of the same statute and hath bene heretofore commonly taken that the common lawe alwayes was yet is that no persone born out of the allegeāce of the king of England whose father and mother were not of the same allegeance should be able to haue or demaund any heritage within the same algeance as heire to any person VVhiche rule I take to be the same supposed Maxime that the aduersaries do meane But to stretche it generally to all inheritāces as the aduersaries woulde seeme to do by any reasonable meanes can not be The statute of Edvv. 3. An. 25. touchetb inberitance not purchase 11. H. 4. fol. 25. For as I haue said before euery stranger and Alien borne may haue and take inheritance as a purchaser And if an Alien do Marie a woman inheritable the inheritance therby is both in the Alien also in his wife the Alien thereby a purchaser No man doubteth but that a Denizon maye purchase landes to his owne vse but to inherit landes as heire to any person within the allegeance of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also Denyzons doth onely extend to Descentes of inheritance and not to the hauing of any lande by purchse Now will we then consider whether this rule by any reasonable cōstruction can extend vnto the Lady Marie the Queene of Scotland for and concerning her title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland whiche realm is out of the allegeance of England her father and mother not being of the same allegeāce therfore by the said rule she is not inheritable to the Croune of England Though I might at the beginning very wel and orderly deny the consequent of this argumente yet I wil first examin the Antecedent euen by the cōmon opinion and sentence of English men then will I consider vpon the consequent And this I intend of purpose only to discouer the improuidence of the aduersaries whiche in a matter where they couet most to looke vnto them selues there they least of all prouide for the warrantize of theyr cause by their owne pretensed lawes of the Realme of England But I mynde not hereupon so to ouer rule the matter as any preiudice may thereby be created against the Kynges of Scotland who haue alwayes kept and still doe kepe and enioye with a plain profession most iust clame in their owne right ouer their subiectes a supreme authoritie power not depending by any lawe right or custome vpon any other Prince or potentate in the world VVell then to come to the Antecedent so it is that the Queene of Scotland was borne in Scotland it must nedes be graunted but that Scotland is out of the allegeance of England though the sayde Queene and all her subiectes doe iustlye affirme the same yet there is a verie greate number of men in England both learned and others whiche are not of that opinion but earnestly auouche the contrary being led persuaded therunto as they say by diuerse Histories Registers Recordes and Instruments remayninge in the Treasurie of that Realme wherin is mentioned as they also saye that the Kynges of Scotland haue acknouleged the Kyng of England to be the superiour Lorde ouer the Realme of Scotland haue done homage and fealtie for the same VVhich being true though all Scotsmen denie it as Iustlie they may for the homage fealtie whiche those men speake of was not exhibited nor done in any such respect as they surmise but in consideration of the tenures of certein Segnories Lands tenements hereditaments lyeing in Northumberland Cumberland other Shyres of England whiche now the Kinges of Scotland want and then did enioye holde of the Kyng of England As cōmonlie it is sene in sondrie parts of Christindome Kyngs and Princes hauyng distinct and absolute regiments not depending of any other potentate to holde neuerthelesse one of an other diuerse landes townes and countries lyeing within the marches of the one or the others dominions But admit it to be true whiche these men doe so auouche then Scotlande must nedes be accompted within the allegeance of England euen by their owne lawes of the same Realme and by the common opinion of their owne nation And although sins the tyme of Kinge Henry the sixt none of the Kinges of Scotlande haue done the said seruice vnto the Kinges of England yet that is no reason in the lawe of England to saye that therefore the Realme of Scotland at the tyme of the birth of the sayd Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of the late Kinge Henrie the eight was out of the allegeance of the Kinges of England For the lawe of that Realme is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie The Lorde loseth not his seignorie though the tenante doth not his seruice For the lande still remaineth within his Fee Seignorie that notwithstanding But peraduenture some will obiecte and saye that by this reason France should likewise be said to be within the allegeance of England forasmuch as the possessiō of the Croune of France hath bene within a litle more then the space of one hundred yeares nowe last past laufully vested in the Kinges of England whose right and title still remaineth To that obiection it may be answered that there is a great differēce betwene the right title which the kings of England clame to the Realm of Frāce the right title which they clame to the Realme of Scotlād For although it be true that the kings of Englād haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the said Realme of Fraunce the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiectiō which they did owe vnto the kings of England haue geuen submitted them selues vnder the obediēce allegeāce of the frēsh But as for the Realme of Scotlande it is otherwise For the Title whiche the Kinges of England by the opinion of these men may clame to the Realme of Scotland is not in the possession of the lande and Croune of Scotlande but onely in the seruice of homage and fealtie for the same And though the Kinges of Scotland many yeres haue intermitted to doe the said homage fealtie vnto the Kinges of Englande yet for all that the Kinges of Scotland can not by any reason or lawe be called vsurpers and vniust possessors And thus all indifferente men not ledd by affections may well see by the recordes testimonies of
of her this Henry the second being in FraÌ„ce VVhervpon the said king did reuiue and renue the like othe of allegeance aswell to her as to her sonne after her VVith the like false persuasion the Aduersaries abuse them selues and their Readers touchinge Arthur Duke of Britanie Nephewe to king Richard the first As though forsooth he were iustly excluded by kinge Iohn his vncle bycause he was a forainer borne If they had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of that Realme as may well appeare among other thinges by king Richard the second who succeded his grand father king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chaleng their title interest then should they haue had some countenaÌ„ce of reason probabilitie bicause many arguments the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficieÌ„t barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a moste vnsure and false grounde seeing it is moste true that Kinge Richard the first as we haue said declared the said Arthur borne in Britanie and not sonne of a King but his brother Geffreys sonne Duke of Britanie to be heire apparent his vncle Iohn yet liuing And for such a one is he taken in all our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other than for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away The possessions of the Croune of England that vvere beyond the seas seased into the Frenche kings haÌ„ds for the murther of Arthur For the whiche facte the French king seased vpon all the goodly Countries in Fraunce belonging to the kinge of England as forfeited to him being the chiefe Lorde By this outragious deede of king Iohn the kings of EnglaÌ„d lost Normandie withal and their possibilitie to the inheritance of all Britanie for the right and Title to the saide Britanie was dewe to the said Arthur and his heires by the right of his mother ConstaÌ„ce And though the said king Iohn by the practise ambition of Queene Eleonour his mother and by the special procurement of Hubert then Archebishop of Caunterburie of some other factious persones in England preuented the said Arthur his nephew as it was easy for him to do hauing gotten into his handes all his brother Richardes treasures besides many other rentes then in England and the said Arthour being an infant remaining beyond the sea in the custody of the said Constance yet of this fact being against all Iustice aswell the said Archebishop as also many of the other did after most earnestly repent considering the cruell and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himselfe Polid 15. Flor histo An. 1208 VVhich most foul and shameful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had bene barred to inherit the Croune of England And much lesse to haue imprisoned that moste innocent Ladie Eleonour sister to the sayd Arthur in Bristow Castle wher she miserably ended her lyfe if that gay Maxime would haue serued to haue excluded these two children bicause they were strangers borne in the partes beyond the seas Yea it appeareth in other doinges also of the said time and by the storie of the sayd Iohn that the birth out of the allegeance of England by father mother forain was not taken for a sufficient repulse and reiection to the right and title of the Croune For the Barons of England being then at dissention with the said king Iohn and renouncing their allegeance to him receaued Lewis the eldest soÌ„ne of Philip the FreÌ„ch king to be their king in the right of Blanche his wife which was a stranger borne all be it the lawful Neece of the said Richard daughter to AlphoÌ„se king of Castil begotten on the bodie of Eleonour his wife Levvis the French Kings son claimed the Croune of that Realme in the title of his vvyf Pro hereditate vxoris meae scilicet neptis Regis Ioanusque ad mortem si necessitas exigere decertabo Flor histo Anno. 1216. Haroldus muneribus genere fretê° regni diadema inuasiit H. Hunte hist Angli lib. 6. Cui regnum iure hereditario debebatur Ealredus Rhiual in histo R. Angliae ad H. 2. Cui de iure debebatur regnuÌ„ anglorum Io. Lond. in Chro. Angliae EadeÌ„ verba sunt in Math. VVestmon in flor hist a. 1066. VVhat calamities fell to the Realme by the vsurping of King Harolde King Stephen and Iohn Rex Edwardus misit c. vt vel ipse Eduardus filius ieus sibi succedereÌ„t c. Rich. Cicest vid. VVil. Malmest de reg Angl. E. 2 c. 4â— lib. 3. c. 5. one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn VVhich storie I alleage only to this purpose thereby to gather the opinion of the time that so raine birth was then thought no barre in the Title of the Croune For ortherwise how could Lewis of France pretend title to the Croune in the right of the said Blanche his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolus imaginations or otherwise worse depraued for a good sure and substantial interpretation of the common law And it were not altogether from the purpose here to consider and weigh with what how greuous plagues that Realme hath bene oft afflicted and scourged by reason of wrongfull vsurped titles I will not reuiue by odious rehearsal the greatenes and number of the same plagues as well otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remembrance extinct and buried I will now put the gentle Reader in remeÌ„brance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncient what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monuments of Historiographers do plainly testifie was the true lawful Heire Could he think you enioy his ambitious and naughty vsurping on whole entier yere No surely
Queene of Scotland to the succession of the Croune of England The obiections of the aduersaries touching the pretensed vvill of King Henry the eight are clearlie auoided The statutes of King H. 8. touching the succession of the Croune IT doth appeare by the said statute of .28 of king Henry the eight that there was authoritie geuen him by the same to declare limite appoint assigne the succession of the Croune by his Letters Patentes or by his last VVill signed with his owne hande It appeareth also by the foresaid statute made .35 of the said King that it was by the same enacted that the Croune of that Realme of England should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first sonne of his body betwene him and the Ladie Iane then his wife begotten for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten for defaut of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten for defaut of such issue vnto suche person or persones in remainder or reuersion as should please the said king Henry the eight and according to such estate and after such manner order and condition as should be expressed declared named and limited in his Letters Patentes or by his last VVill in writing signed with his owne hande By vertue of which said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last VVill in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Ladie Elizabethe to dye without issue of their bodies lawfully begotten then the Croune of that Realme of England should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and the eldest daughter of the French Queene And for the defaulte of suche issue to the heires of the body of the Ladie Eleonour his Neece second daughter to the French Queene lawfully begotten And if it happened the sayd Ladie Eleonour to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires VVherevpon the aduersaries do inferre that the succession of the Croune ought to go to the chyldren of the said Ladie Francis and to their heyres according to the sayd supposed will of the said king Henry the eight and not vnto Ladie Marie Queene of Scotlande that nowe is To this it is An ansvver to the foresaid statute on the behalf of my said soueraign Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the pretensed will with his own hand and that therfore the said will can not be any whit preiudicial to the said Queene The effect of the aduersaries arguments for the exclusion of the Queene of Scotlād by a pretēsed vvil of King H. 8. Against which answere for the defence and vpholding of the saide will it is replied by the Aduersaries first that there were diuers copies of his wil found signed with his own hande or at the least wise enterlined and some for the most part written with his owne hande out of the whiche it is likely that the original will commonly called King Henry the eightes will was taken fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the common wealth and for the auoiding of the vncerteintie of the succession he well liked vpon and accepted the authoritie geuen him by Parlament and signed with his owne hande the said originall will whiche had the said limitation and assignation of the Croune And these presumptiōs are the more enforced for that he had no cause why he should beare any affectiō either to the said Queene of Scotlād or to the Lady Leneux and hauing withal no cause to be greeued or offended with his sisters the Frenche Queenes children but to put the matter quite out of all ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the King who were present at the signing of the said VVill and subscribed their names to the same Yea that the chief Lordes of the Counsaile were made and appointed executours of the said VVill and that they and other had greate Legacies geuen them in the said VVill which were paid and other thinges comprised in the VVill accomplished accordingly There passed also purchases and Letters Patentes betwene King Edward and the executors of the said VVill and others for the execution and performāce of the same Finally the said Testament was recorded in the Chancerie VVherefore they affirme that there ought no manner of doubt moue any man to the contrarie and that either we must graunt this VVill to be signed with his hand or that he made no VVill at all bothe must be graunted or both denied If any will deny it in case he be one of the witnesses he shall impugne his own testimonie if he be one of the executours he shall ouerthrow the foundation of all his doinges in procuring the said will to be inrolled set forth vnder the great Seale And so by their dublenes they shall make them selues no mete witnesses Nowe a man can not lightly imagine how any other bysids these two kind of witnesses for some of them and of the executors were suche as were continually wayting vpon the kinges person may impugne this will and proue that the king did not signe the same But if any such impugne the will it would be considered how many they are and what they are it wil be very harde to proue negatiuam facti But it is euidēte say they that there was neuer any such lawful proofe against the said will producted For if it had ben it would haue bene published in the Starrechamber preached at Poules Crosse declared by Acte of Parlamēt proclamed in euerie quarter of the Realm Yea admitting say they that it were proued that the said pretensed will lacked the kinges hande yet neuerthelesse say they the very copies we haue spoken of being written signed or at least interlined with his owne hande may be saide a sufficient signing with his owne hande For seing the scope and final purpose of the statute was to haue the succession prouided for and asserteined whiche is sufficiently done in the said will and seing his owne hande was required but onely for eschewing euil sinister dealing whereof there is no suspicion in this will to be gathered what matter in the worlde or what difference is there when the king fulfilled and accomplished this gratiouse Acte that was loked for at his hādes whether he signed the wil with is owne hāde or no If it be obiected that the king was obliged and bound to a certaine precise order and forme which he could in no
wise shift but that the Acte without it muste perish and be of no valewe then say they wee vndoe whole Parlamentes aswel in Queene Maries time as in kings Henry the eightes time In Queene Maries time bicause she omitted the Style appointed by Parlamente Anno Henrici octaui tricesimo quinto An. H. 8.35 An. H. 8.33 21. In kinge Henries tyme by reason there was a statute that the kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hāde though he be not there personally And yet did the saied king supplie full ofte his consente by the stampe only This yet notwithstanding the said Parlamentes for the omission of these formes so exactely and precisely appointed are not destroyed and disannulled An ansvver by the vvay of reioinder to the same After this sorte in effecte haue the Aduersaries replied for the defence of the said pretensed will To this we will make our reioynder saye Firste that our principal matter is not to ioyne an issewe whether the saide kinge made and ordeyned any sufficient will or no. VVe leaue that to an other time But whether he made any Testamēt in suche order and forme as the statute requireth VVherefore if it be defectiue in the said forme as wee affirme it to be were it otherwise neuer so good and perfect though it were exemplified by the great Seale and recorded in Chancerie and taken commonly for his VVil and so accomplished it is nothing to the principal question It resteth then for vs to cōsider the weight of the aduersaries presumptions whereby they would inforce a probabilitie that the Testamēt had the foresaid requisite forme Yet first it is to be considered what presumptions and of what force number do occurre to auoide and frustrate the Aduersaries presumptions and all other like Diuers presumptions reasons against this supposed vvill VVe say then there occurre many likelyhoddes many presumptions many great and weightie reasons to make vs to thinke that as the king neuer had good and iuste cause to minde enterprise suche an Acte as is pretended so likewise he did enterprise no such Acte in deede I deny not but that ther was such authoritie geuen him neither I deny but that he might also in some honorable sort haue practised the same to the honour and wealthe of the Realme and to the good contentation of the same Realme But that he had either cause or did exercise the said authoritie in suche strange dishonorable sort as is pretended I plainely denie For being at the time of this pretēsed will furnished and adorned with issue the late king Edward and the Ladies Marie and Elizabeth their state and succession being also lately by Acte of Parlament established what neede or likelyhod was there for the king then to practise such newe deuises as neuer did I suppose any King in that Realme before and fewe in any other byside And where they were practised commonly had infortunate and lamentable successe VVhat likelyhode was there for him to practise such deuises especially in his later daies when wisdome the loue of God and his Realm should haue bene moste ripe in him that were likely to sturre vppe a greater fier of greeuouse contention and wofull destruction in England then euer did the deadly faction of the read Rose the white lately by the incorporation and vnion of the house of Yorke and Lancastre in the person of his father through the mariage of Ladye Elizabeth eldest daughter of King Edwarde the fourth moste happily extinguished and buried And though it might be thought or said that there vould be no such cause of feare by reason the matter passed by Parlament yet could not he be ignorāt that neither Parlamēts made for Hēry the fourth or cōtinuance of twoo Descentes which toke no place in geuing any Title touching the Croune in King Henry the sixt nor Parlamentes made for King Richard the third nor Parlaments of attainder made against his father could either preiudice his fathers right or releaue other against such as pretended iust right and title And as he could not be ignorant therof so it is not to be thought that he would abuse the great confidence put vpon him by the Parlament and disherite without any apparent cause the next roial blood and thinke all thinges sure by the colour of Parlamēt The litle force whereof against the right inheritour he had to his fathers and his owne so ample benefit so lately and so largely sene and felt And yet if he minded at any time to preiudice the said Lady Marie Queene of Scotland of all times he would not haue done it then when all his care was by all possible meanes to contriue and compasse a mariage betwene his sonne Edward and the said Lady and Queene Surely he was to wise of him selfe and was furnished with to wise Counsailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherison for any speciall inclinatiō or fauour he bare to the French Queene his sisters children For there haue bene of his neere priuie Counsaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howesoeuer this matter goeth certeine it is that if this pretensed will be true he transferred and transposed the reuersion of the Croune not only from the Queene of Scotland from the Ladie Leneux and their issue but euen from the Lady Francis the Ladie Eleonour also daughters to the Frēche Queene whiche is a thing in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remembrance of two other most pregnant and notable cōiectures and presumptions For among all other inconueniences and absurdities that do and may accompanie this rash vnaduised acte by this pretensed wil inconsiderately mainteined it is principally to be noted The supposed vvill is preiudicial to the Croune of England for the clame of the Croune of France that this Acte geueth apparent iust occasion of perpetual disherison of the Style Title of France incorporated and vnited to the Croune of England For whereby do or haue the Frenchemen hitherto excluded the kinges of that Realme claming the Croune of France by the title of Edward the third fallen vpon him by the right of his mother other than by a politike and ciuil law of their owne that barreth the female frō the right of the Croune And what doeth this pretensed Act of king Henrie but iustifie and strengthen their quarel and ouerthrow the foundatiō bulworke wherby the kings of England maintene their foresaid title and clame For if they may by their municipial lawe of England
exclude the said Queene of Scotland being called to the Croune by the Title of generall heritage then is the municipial law of France likewise good and effectual consequeÌ„tly the kings of England haue made all this while an vniust wrongfull clame to the Croune of FraÌ„ce But now to go somewhat further in the matter or rather to come neerer home and to touche the quicke we say as there was some apparent good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Queene Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and will whiche may easely be altered and counterfeyted and least of all make suche assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison This supposed vvill geueth occasion of ambitious aspiring For the Kinges example and boldnes in interrupting and cutting away so many branches of the neerest side and line might soone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the Kinge him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis And did not I pray you this drift and deuise fall out euen so tending to the vtter exclusion of the late Queene Marie and her Sister Queene Elizabeth if God had not repressed and ouerthrowen the same These reasones then presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of the Aduersaries grounded vpon vncertaine and mere surmises ghesses and coÌ„iectures as among other that the king was offended with the Queene of Scotland and with the Ladie Leneux VVhich is not true And as for the Ladie Leneux it hath no maÌ„ner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the king would haue especially at that time for suche cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realme or was it thinke ye euer thought by the Parlament that the king should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offeÌ„ded with the Frenche Queenes children why did he disherite the Ladie Francis and the Ladie Eleonor also Their other presumption which they ground vpon the auoyding of the vncertenty of the succession by reason of his will is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure as contrarywise it is subiecte to more vncerteintie and to lesse suertie than before Succession to the Croune more vncerten by the supposed vvill than before For whereas before the right and clame to the Croune hong vpon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vpon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoyded so now depending vpon the statute onely it is as easie by an other statute to be infringed and ouerthrowen and depending vpon a Testament it is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the witnesses vnexamined for many other like coÌ„sideratioÌ„s The Monuments of all antiquitie Much forgerie and counterfeyting of TestameÌ„ts the memorie of al ages of our owne age dayly experience can tel and shewe vs many lamentable examples of many a good lawfull TestameÌ„t by vndue and craftie meanes by false suborned witnesses by the couetous bearing and maintenance of such as be in authoritie quite vndone and ouerthrowne VVherefore Valerius Maximus crieth out against M. Crassus Valerius Maximus dict et fa. lib. 9. 6. 4. and Q Horiensius Lumina Curiae ornamenta Fori quod â—celus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presuÌ„ption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the king would not hasard the weight and importance of such a matter to reste vpon the validitie or inualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare will and Testament Ye shall nowe heare also why we thinke he did neuer attempt or enterprise any such thing It is well knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of all Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse full and sufficient proofe necessarily enforce creditte that the King to his no present commoditie and aduantage but yet to his greate dishonour and to the greate obloquie of his subiectes and other Countries to the notable disherison of so may the next royall blood did vse any such authoritie as is surmised Againe if he had made any suche assignation who doubteth but that as he coÌ„ditioned in the said pretensed will with his noble daughters In this supposed vvill is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters to marie with his Counsels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Eleonours heirs to the same condition Further more I am driuen to thinke that there passed no such limitation by the said king Henries will by reason there is not nor was these many yeares any original copy therof nor any authentical Record in the ChaÌ„cerie or els where to be shewed in all England as the Aduersaries them selues confesse And in the copies that be spread abrode the witnesses pretended to be preseÌ„t at the signing
he meant to geue the same by his wil could not enioye it by the lawe VVherevpon ye may plainely see not onely the great vnlikelihod that King Henry the eight would make any such wil with such slender aduise but also that by the limitation of the said will the succcession of the Croune is made more vncertaine and doubtfull then it was before the making of the said Actes of Parlament VVhich is contrary to the meaning and intent of the said Actes and therefore without any sufficient warrant in law But peraduenture some here will say that although these daungers vncertainties might haue ensewed vpō the limitation of the said wil yet forasmuch as they haue not happened neither be like to happen they are therefore not to be spoken of Ye as verely it was not to be omitted For although these things haue not happened and therefore the more tolerable yet for as much as they might haue happened by the limitation of the said supposed will contrary to the meaning of the said Actes the will can not by any meanes be said to be made according to the meaning and intent of the makers of the said statutes And therefore in that respect the said will is insufficient in lawe And to aggrauate the matter farther ye shall vnderstand of great inconueniences and imminent daungers which as yet are likely to ensue if that supposed will should take place It is not vnknowen but that at the time of the making of the said will the said Lady Frācis had no issue male but onely three daughters betwene her Henrie Duke of Suffolke Afterward in the time of the late soueraigne Lady Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him VVhiche issue if it were a sonne be also yet liuing by the wordes of the said supposed will is to inherite the Croune of that Realme before the daughters betwene her and the said late Duke of Suffolke begotten whiche thing was neither intended nor meant by the makers of the said Actes VVho can with any reason or cōmō sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his letters Patents or last will to disherit the Queene of Scotland linially descended of the blood royal of that Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King Gouernour ouer that noble Realme of England The inconueniences whereof as also of the like that might haue followed of the pretensed Mariage of M. Keies the late Sergeante Porter I referre to the graue considerations and iudgementes of the honorable and worshipfull of that Realme Some peraduenture will say that King Henry the eight meant by his will to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten not vnto the heires by any other person to be begotten VVhich meaning although it might very hardly be gathered vpon the said supposed will yet can not the same be without as great inconueniences as the other For if the Croune should now remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of that Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is cōpted in law a ioynt purchase doth make all the issue female inheritable a like and can not go according to the aunciēt law of a descent to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differences be in law where one cometh to any Title by descent and where as a purchassor And also if the one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors so might their issue being heirs femals make the gouernmēt grow infinite VVhich thing was most farre frō the meaning of the makers of that Acte of Parlament VVhat if the said King had by his last will disposed that realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent that Realme into partes Had this bene according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto the heires of the body of the said Lady Francis by the said supposed will Now to complete and finish this our Treatise touching the Queene of Scotlāds Title to the succession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed wil was signed with the kings own hand Let the heires of the Lady Frācis come forth in Gods name lay forth to the world their demaund supposed right against the said Q. of Scotlāds interest The Queene on the other side to fortifie strēghten her clame layeth foorth to the open sight of all the worlde her iust title and interest signed and alwaies a fore this time allowed not onely as with the Seales but with the othes also of al the kings that euer were in England taken at the time of their Coronation for the continuance of the lawes of that noble Realme of England signed and allowed I say almost of all the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Frācis or others bringe foorth to ground their iust clame and demaund vpon VVhen all is done they are faine to runne and catche hold vpō king Henry the eightes written will signed with his owne hāde VVel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original will It is well knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some authentical record of the same It is also notorious that they can not If then the foundation of
farre hath Polidor Thees are woordes of great importance putte our matter clear out of doubt for here it appeareth that the case solemnlie in counceil by a wyse and prudent King with wise graue and learned Counseilours was debated and with great wisedome resolued concluded and to this some lawyers of that land gyue great authoritie credit Thus it is euidently declared who are the true heires of the Crounes of Englād Scotlād and that the sayd mariage of Iames the fowerth and the sayd Lady Margaret is to be accompted a most fortunate benefit to the whole Yland For if it be true as in dede it is that the mariage of the seuenth Kyng Henrie with the daughter and heir of King Edward the fowerth was to be estemed as a most happie cōmoditie to all England because it dyd cutt of and dissolue all those tumultes and seditions betwene the howses of Yorke and Lancaster which so many yeres had miserablie afflicted all that nation I pray you what reckening is to be made of the matrimonie betwene King Iames the fowerth of Scotlād the Ladye Margaret daughter to the King of England sithe nowe at last by the benefit of this mariage bothe England and Scotland may be quite reskewed and deliuered from those most mortall warres and intestine dissentions whiche for preheminence sake haue bene so long continewed and maintened A happie prince therfore to Englād was King Henry the seuenth for that by him allmightie God abolished all seditions and vnited the two howses of yorke and Lancastre But most fortunate most gratiouse shall the renowmed Quene Mary of Scotland be her most noble sonne king Iames also to the Englishe and Scottishe Nations yf by them two the same God shall bringe the said twoe seuerall kyngdomes to a perfect vnitie reduce the whole Yle of Britaine to his moste auncient estate of dignitie and deliuer it from all ciuill warres and Barbarous crueltie Embrace therfore ye Britaine 's of all mortall men most fortunat and take holde of this singular great benefit when the same by the grace of the euerliuing God shal be bestowed vpō yow and in the mean time euer yeeld ye to him most hūble most hartie thankes for that he of his infinite clemency and benignitie hath at last produced out of booth you bloodes a Prince by whose helpe your domesticall troubles and dissentions may be extinguished a place left for this diuine lawe of peace and amitie to be planted by the same law a soueraigne safetye and wellfare of all the people establyshed For the wellfare of the people consisteth 〈◊〉 in peace and concord But perpetuall peace and quyetnesse can not be among you except these two Realmes be combined and made all one For the force of vnitie is suche as the preseruation therof is the vtter moste ende that nature intendeth Herehence also groweth among men charitie loue frendshipp so farre that many mindes are become all as one first to remember that they must be truely menne in dede and then that they leade a good blessed lyfe whiche is the last ende and perfection of mankinde Sithe therfore the matter goeth so if you will folow God and the law of nature if you desire the safety and wellfare of your countrie yf you will liue well and fortunatlie in this world and at last enioie the perfect blesse of eternall felicitie you must enforce your selues with all labour industrie and diligence that this dispersed people may be called together vnder the regiment of one rightfull Prince and Catholique Religion of their auncestors This will please allmightie God and bring great tranquilitie peace quiet to your selues and to all the people of England Scotland and Yreland And that it maye so be lett vs all continuallie pray to almightie God the supreme gouernour ruler of the whole worlde Amen
in the succession of the Croune For the Roial blood where so euer it be found will be taken as a pretious and singular Iewell and will carie with it his worthie estimation honour with the people and where it is dew his right withall Vide Anto CorsetuÌ„ de potest et excell regi q. 100. By the Ciuill lawe the right of the inheritance of priuate persones is hemmed and inched within the bandes of the tenth degre The Blood Roial runneth a farther race so farre as it may be found therfore the great mightie Conquerors are glad faine to ioyne in affinitie with the blood Roial OoÌ„querors glad to ioine vvith the royall blood Henry the first euer fearing the weaknes of their owne bloddie sworde in respect of the greate force and strength of the other For this cause was Henrie the firste called for his learning wisedome Beauclerke glad to consociate and couple him selfe with the auncient Roial blood of the Saxons whiche continueing in the Princely succession from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and reunited From this Edward my sayd souueraine ladie the Queene of Scotland taketh her noble auncient Pedegrue These then and diuers other reasons causes mo may be alleaged for the weighing setting foorth of the true meaning and intent of the said law Now in case these two causes and consideratioÌ„s will not satisfie the aduersaries we wil adioine there vnto an other whiche they shall neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward VVe stand vpon the interpretation of the common law recited and declared by the said statute L. fin ff de legibus how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the law is custome Common vse and practise the best interpretation of the lavve EodeÌ„ anno Rex cuÌ„ in diebus suis processisset AeldreduÌ„ VigornenseÌ„ EpiscopuÌ„ ad RegeÌ„ Hungariae transmittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota familia sua vt vel ipse ver filii eiê° sibi succederent in regnum Flor. histo 1057. But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and suche as were plainely borne out of the kinges allegeance The foresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other king Eduard the Confessour being destitute of a lawful Heire whithin the Realme sent into Hungary for Edward his Nephew surnamed Out law son to king EdmuÌ„d called Ironside after many yeres of his exile to returne into England to the intent the said Outlaw should inherite that Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the sayd king Edward his Vncle. After whose death the said king appointed Eadgar Adeling sonne of the said Outlaw being his next cosen to be his heire as he was of right to the Croune of England And for that the said Eadgar was but of yong and tender yeres and not able to take vpon him so great a gouernement the said king committed the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to welde the state of a king Flor. bislo 1066. Aelredus Regional leÌ„f de reg AngloruÌ„ ad Regem Henr. â— VVhich Harold neuerthelesse contrary to the trust supplanted the said yong Prince of the kingdome and put the Croune vpon his owne head By this it is apparent that foraine birth was not accoÌ„pted before the time of the Conquest to be a iust cause to repel and reiect any man beinge of the next proximitie in blood from the Title of the Croune And though the said king Edward the Confessors will and purpose tooke no suche force and effect King Stephen and King H. 2. as he desired and the lawe craued yet the like succession tooke place effectuouslye in king Stephen and king Henry the second as we haue already declared Neither will the Aduersaries shift of forainers borne of father and mother which be not of the kings allegeance The aduersaries fond imagination that H. 2. should come to the Croune by compositioÌ„ not by proximitie of blood Rex Stephanus omni haerede viduatus praeter soluÌ„ modo DuceÌ„ Henricum recognouit in conueÌ„tu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux Henr. ius haereditariuÌ„ iÌ„ regnuÌ„ Angliae habebat Et Dux benigne concessit vt Rex Stephanê° tota vita sua suuÌ„ RegnuÌ„ pacifice possideret Ita tamen confirmatuÌ„ est pactuÌ„ quod ipse Rex ipsi tunc praesentes cuÌ„ caeteris regni optimatibê° iurareÌ„t quod Dux Henr. post morteÌ„ Regis si illum superâ—iueret regnum sine aliqua coÌ„ntradictione obtineret Flor. histo An. 1153 The like fond imagination touching King Richardes nephevv Diuersitie of opinions touching the vncle nephue vvhetherof them ought to be preferred in the royall gouuernement help them forasmuche as this clause of the said statute is not to be applied to the kings children but to others as appeareth in the same statute And these two kings Stephen and Henrie the .2 as they were borne in a forain place so their fathers and mothers were not of the kings allegeance but mere Aliens and strangers And how notorious a vaine thing it is that the Aduersaries would perswade vs that the said King Henrie the second rather came in by force of a composition then by the proximitie and nearenes of blood I leaue it to euery man to consider that hath any maner of feling in the discours of the stories of that realm The composition did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right thereby than was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no children And no dout in case she had had any children by the Emperour they should haue ben heires by successioÌ„ to the Croune of England After whose death she retourned to her father yet did king Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and afrer her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat