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england_n homage_n king_n scot_n 8,703 5 11.3292 5 true
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A50030 Leicester's common-wealth conceived, spoken and published with most earnest protestation of dutifull goodwill and affection towards this realme / by Robert Parsons Jesuite ; whereunto is added Leicesters-ghost.; Leycesters commonwealth. Parsons, Robert, 1546-1610.; Rogers, Thomas, 1573 or 4-1609 or 10. Leicester's ghost. 1641 (1641) Wing L969; Wing L970_VARIANT; ESTC R12740 146,895 230

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he were borne in Britaine out of English allegiance and so he was taken and judged by all the world at that day albeit after king Richards death his other uncle Iohn most tyrannously took both his kingdome and his life from him For which notable injustice he was det●sted of all men both abroad and at home most apparently scourged by God with grievous and manifold plagues both upon himself and the Realm which yeelded to his usurpation So that by this also it appeareth what the practice of our Countrey hath beene from time to time in this case of forraine birth which practice is the best int●rpre●er of our common English law which dependeth especially and most of all upon custome nor can ●he adversary alledge any one example to the contrary Their sixt is of the judgement and sentence of King Henry the seventh and of his Councell who being together in consultation at a certaine time about the marriage of Margaret his eldest daugh●er into Scotland some of his Councell moved this doubt what should ensue if by chance the kings issue male should faile and so the succession devolve to the heyres of the said Margaret as now it doth Wh●reunto that w●se and most prudent Prince made answer th●t if any such event should be it could not be prejudicial● to Engl●nd being the bigger part but rather beneficiall for that it should draw Scotland to England that is the lesser to the more even as in times past it happened in Normandy Aquitaine ●nd some other Provinces Which answer appeased all doubts and gave singular content to those of his Councell as Polidore writeth that lived at that time and wrote the speciall matters of that reigne by the kings owne instruction So that hereby wee see no question made of king Henry or his Councellors touching forraine birth to let the succession of Lady Margarets issue which no doubt would never have beene omitted in that learned assembly if any law at that time had beene esteemed or imagined to beare the same And these are six of their principallest reasons to prove that neither by the words nor meaning of our common lawes nor yet by custome or practice of our Realme an Alien may bee debarred f●om claim of his interest to the Crowne when it falleth to him by righfull descent in blood and succ●ssion But in the particular case of the Queen of Scots and ●erson they doe adde another reason or ●wo th●reby to prove them in very deed to be no Aliens Not only in respect of their often and continuall mixture with English blood from the beginning and especially of late the Queens Grandmother and husband being English and so her sonne b●go●ten of an English father but also for two other causes and reasons which seeme in truth of very good importance The first is for that Scotland by all Englishmen howsoever the Scots deny the same is t●ken and holden as subject to England by way of Homage which many of their kings at divers times have acknowledged and consequently th● Queene and her son being borne in Scotland are not borne out of the allegiance of England and so no forrainers The second cause or reason is for that the forenamed statute of forrainers in the 25 yeare of King Edward the third is intitled of those that are borne beyond the seas And in the body of the said statute the doubt is moved of children borne out of English allegiance beyond the seas whereby cannot bee understood Scotland for that it is a piece of the continent land within the seas And all our old Records in England that talke of service to bee done within these two countries have usually these Latin words Infraquatuor m●ria or in French deins l●zqu●tre mers that is within the foure Seas whereby must needs be understood as well S●otland as England and that perhaps for the reason before mentioned of the subjection of Scotland by way of Homage to the Crowne of England In respect whereof it may be that it was accounted of old but one dominion or allegiance And consequently no man borne therein can bee accounted an alie● to Engla●● And this shal suffice for the first point touching foragine Nativity For the second impediment objected wh●ch is the testament of King Henry the eight authorized by Parliament wherby they affirm the succession of Scotland to be excluded it is not precisely true that they are excluded but onely that they ●re put back behinde the succession of the hous of Suffolk For in that pretended Testament which after sh●ll be proved to be none indeed King Henry so disposeth that after his own children ●f they shold chance to dye without issue the Crowne shall passe to the heires of Frances of Elenor his neeces by his yonger sister Mary Queene of France and after them deceasi●g also without issue the succession to returne to the next heire againe Wh●rby it is evident that the succession of Margar●t Queene of Scotland his eldest sister is not excluded but thrust back onely from their due place and order to expect the remainder which may in time be left by the yonger Whereof in mine opinion doe ensue some considerations against the present pretenders themselves First ●hat in King Henries judgement the former pretended rule of foraine birth was no sufficient impediment agai●st Scotland for if it had bin no doubt but that he would have named the same in his alleaged testament and thereby have utterly excluded that successiō But there is no such thing in the testament Secondly if they admit this testament which alotteth the Crown to Scotland next after Suffolk then seeing that all the house of Suffolk by these mens assertions is excluded by bastardy it must needs follow that Scotland by their own judgement is next so this testament wil make against them ●s indeed it doth in all points most apparantly but only that it preferreth the house of Su●●olk before that of Scotland And therefore I think sir that you mistake somewhat about their opinion in alleaging this testament For I suppose that no man of my Lord of Huntingtons faction will alleage or urge the testimony of this testament but rather some friend of the house of S●ff●lk in whose favour I take it that it was first of ●ll f●rged It may be qu●th the Gentleman nor will I stand obstinatly in the contrary for that it is hard sometime to judge of what faction each one is who discours●th of these aff●ir●s But yet I marvel ●f it were as you say w●y L●ycesters Father ●f●er K. Edward● death made no mention therof in the favor of Suffolk in the other testament which then he proclaimed as made by K. Edward deceased for preferment of Suffolk before his own sisters The cause of this is ●vident quoth the Lawyer for that it made not s●ffi●iently for his purpose which was to disinherit ●he two d●ughters of King Henry himselfe and advance the