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B12208 The copie of a leter, vvryten by a Master of Arte of Cambrige, to his friend in London concerning some talke past of late betvven tvvo vvorshipful and graue men, about the present state, and some procedinges of the Erle of Leycester and his friendes in England. Conceyued, spoken and publyshed, vvyth most earnest protestation of al duetyful good vvyl and affection, tovvardes her most excellent Ma. and the realm, for vvhose good onely it is made common to many. Morgan, Thomas, 1543-1606, attributed name.; Parsons, Robert, 1546-1610, attributed name. 1584 (1584) STC 5742.9; ESTC S108682 125,586 206

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admitted to the Crovvn Yonge Arthure also Duke of Bretaigne by his mother Constance that matched vvith Geffray K. Henrie the secondes sonne vvas declared by K. Richard his Pol. lib. 15 Flor. hist 1208. vncle at his departure tovvardes Ierusalem and by the vvhole Realm for lavvfull heire apparent to the Crovvne of England though he vvere borne in Bretaigne out of English alleagiaunce and so he vvas taken and adiudged by all the vvorlde at that day albeit after king Richards death his Kinge Ioh● a Tyraunt other vncle Iohn moste Tyrannouslie toke both his kingdome and his lyfe from him For vvhich notable iniustice he vvas detested of all men both abrode at home and most apparentlie scourged by God vvith grieuous and manifolde plagues both vppon him selfe and vppon the Realme vvhich yeelded to his vsurpation So that by this also it appeareth vvhat the practize of our countrie hath bene from tyme to tyme in this case of forreine birth vvhich practize is the best interpretor of our common English lavv vvhich dependeth especialie and moste of al vpon custome nor can the aduersarie aleage anie one example to the contrarie Their sixt is of the iudgement and sentence of K. The sixt reason The iudgement and sentence of K Henry the seuenth Henrie the seuēth and of his Councell vvho being together in consulation at a certaine tyme about the mariage of Margaret his eldest daughter into Scotland some of his Councell moued this doubt vvhat should ensue if by chaunce the kinges issue male should faile and so the succession deuolue to the heires of the said Margaret as novv it doth VVherunto that vvise and moste prudent Prince made ansvvere that if anie such euent should be it could not be preiudicial to England being the bigger parte but rather beneficial for that it should dravve Scotland to Englād that is the lesser to the more euen as in tymes paste it hapened in Nor mandie Aquitane and some other Prouinces VVhich ansvvere apeased all doubtes and gaue singular contention to thes of his Councell as Polidore vvriteth that liued at that tyme and vvrote the special matters of that reigne by the kinges ovvn instruction So that hereby vve see no question made of K. Henrie or his Councellours tovvching forreine birth to let the succession of Ladie Margarets issue vvhich no doubt vvould neuer haue bene omitted in that learned assemblie if anie lavv at that tyme had bene estemed or imagined to barre the same And thes are sixe of their principalest reasons to proue that neither by the vvordes nor meaning of our common lavves nor yet by custom or practize of our Realm an Alien may be debarred frō claime of his interest to the Crovvn vvhen it falleth to him by rightful discent in blood and successiō But in the particular case of the Q. of Scottes and her The seuenth reason The Q of Scot. and her sonne no Aliens sonne they do ad another reason or tvvo therby to proue thē in verie deed to be no Aliens Not only in respect of their often cōtinual mixture vvith English blood frō the beginning and especialie of late the Q Graūdmother husbād being English so her sonne begoten of an English father but also for tvvo other causes reasōs vvhich seme in trueth of verie good importaunce The first is for that Scotland by al Englishe men hovv so euer the Scottes denie the same is taken holdē as subiect to Englād by vvay of Homage vvhich manie of their kinges at diuers tymes haue acknovvledged cōsequētlie the Q. and her sonne being borne in Scotland are not borne out of the aleagiaunce of England and so no forreyners The second cause or reason is for that the forenamed statute of forreyners in the fyue and tvventie yeare of K. Edvvard the third is intituled of those that are borne beyond the seas And in the bodie of the same statute the doubt is moued of children borne out of English aleagiaunce beyond the seas vvherby cannot be vnderstood Scotlād for that it is a peece of the cōtinent land vvithin the seas And al our olde recordes in England that talke of seruice to be done vvithin thes tvvo countries haue vsualy thes latin vvordes infra quatuor Maria or in frensh deins lez quatre mers that is vvithin the foure seas vvherby must needes be vnderstood as vvel Scotland as England and that perhapes for the reason before mentioned of the subiectiō of Scotland by vvay of Homage to the Crovvn of England In respect vvherof it may be that it vvas accompted of olde but one dominion or aleagiaunce And consequently no man borne therin can be accompted an Alien to England And this shal suffice for the first point touching forreine Natiuitie For the secōd impedimēt obiected vvhich is the The second impediment against the Q. of Scot. and her sonne vvhich is K. Hērie the eight his Testament Testamēt of K. Hērie the eight authorized by parliamēt vvherby they affirme the successiō of Scotland to be excluded it is not precisely true that they are excluded but only that they are put back behīd the succession of the house of Suffolk For in that pretended Testamēt vvhich after shal be proued to be none indeed king Henrie so disposeth that after his ovvn children if they should chaunce to die vvithout issue the Crovvn shal passe to the heirs of Fraunces and of Elenore his neipces by his yonger sister Marie Q. of Fraunce and after them deceasing also vvithout issue ●he succession to returne to the next heires againe VVherby it is euidēt that the successiō of Margaret Q. of Scotlād his eldest sister is not excluded but thrust back only frō their due place and order to expect the remainder vvhich may in tyme be left by the yonger VVherof in mine opinion do ensue some considerations Forreine birth no impediment in the iudgment of K. Henry the eight against the present pretenders them selues First that in K. Henries iudgement the former pretended rule of forreine birth vvas no sufficient impedimēt against Scotlād for if it had bene no doubt but that he vvould haue named the same in his aleaged Testament and therby haue vtterlie excluded that succession But there is no such thing in the Testament Secondlie yf they admit this Testament vvhich The succession of Scotland nexte by the iudgment of the cōpetitours alloteth the Crovvn to Scotlād next after Suffolk then seing that al the house of Suffolk by thes mens assertion is cexcluded by Bastardie it must needes folovv that Scotland by their ovvn iudgement is next and so this testament vvil make against them as indeed it doth in al pointes moste apparentlie but onelie that it preferreth the house of Suffolk before that of Scotland And therfore I think Sir that you mistake somvvhat about their opinion in aleaging this Testament For I suppose that no man of my Lord of Huntingtons faction vvil aleage or vrge the testimonie of
it is a general and common The rule of thirds rule of lavv that the vvyfe after the decease of her husband shal enioy the thyrd of his landes but yet the Queene shal not enioye the third parte of the Crovvn after the kings death as vvel appeareth by experience and is to be seene by lavv Anno. 5. 21. of Edvvard the third and Tennant by courtisie Anno. 9. 28. of Henrie the sixte Also it is a common rule that the husband shal hold his vvyues lands after her death as tennaunt by courtisie duringe his life but yet it holdeth not in a kingdom In like maner it is a general and common rule Diuision among daughters that if a man die seased of lād in fee simple hauing daughters and no sonne his landes shal be deuided by equal portions among his daughters vvhich holdeth not in the Crovvn but rather the eldest daughter inheriteth the vvhole as if she vvere the issue male So also it is a common rule of our lavv Executours that the executour shal haue al the goodes and chattels of the testatour but yet not in the Crovvn And so in manie other cases vvhich might be recited it is euident that the Crovvn hath priuiledge aboue others and can be subiect to no rule be it neuer so general except expresse mention be made therof in the same lavv as it is not in the former place and a statute alleaged but rather to the contrarie as after shal be shevved ther is expresse exception for the prerogatiue of such as descend of Royal blood Their second reason is for that the demaund or The secōd reason title of a Crovvn cannot in true sense be comprehended vnder the vvordes of the former statute forbidding Aliens to demaund heritage vvithin The Crovvn no such inheritaunce as is meant in the statute the alegiaunce of England and that for tvvoe respectes The one for that the Crovvn it self cannot be called an heritage of alegiaunce or vvithin alegiaunce for that it is holden of no superior vpon earth but immediatelie from God him self the seconde for that this statute treateth onlie and meaneth of inheritaunce by discēt as heire to the same for I haue shevved before that Aliens may holde lādes by pourchase vvithin our dominion then say they the Crovvn is a thing incorporat descēdeth not according to the cōmon course of other priuate inheritaunces but goeth by succession as other incorporations do In signe vvherof it is euident The Crovvn a corporation that albeit the king be more fauoured in al his doinges then anie common person shal be yet cannot he auoide by lavv his grauntes and letters patentes by reason of his nonage as other infantes common heires vnder age may do but alvvayes be said to be of ful age in respecte of his Crovvn euen as a Prior Person Vicare Deane or other person incorporat shal be vvhiche cannot by anie meanes in lavv be said to be vvithin age in respect of their incorporations VVhich thing maketh an euident difference in our case frō the meaning of the former statute for that a Prior Deane or Person being aliens and no denizens might alvvayes in tyme of peace demaund landes in England in respect of their corporations notvvythstanding the sayd statute or common lavv against aliens as apeateth by manie boke cases yet extant as also by the statute made in the tyme of K. Richard the secōd vvhich vvas after the foresaid statute of king Edvvard the third The third reason is for that in the former statute The third reason it selfe of K. Edvvard ther are excepted expreslie frō this general rule INFANTES DV ROY that is the The Kīgs issue excepted by name kings ofspring or issue as the vvord INFANT doth signifie bothe in Fraunce Portugale Spaine and other countries as the latin vvord liberi vvhich ansvvereth the same is taken commonlie in the L. liberorum F. de verb sign Ciuil lavv Neither may vve restreine the french vvordes of that statute INFANTES DV ROY to the kings childrē onlie of the first degre as some do for that the barraynnes of our lāguage doth yeld vs no other vvorde for the same but rather that therby are vnderstood as vvel the nephevves and other discendantes of the king or blood Royal as his immediate children For it vvere both vnreasonable and ridiculous to imagine that K. Edvvar● by this statute vvould goe about to disinherit hi● ovvn nephevves yf he shoulde haue any borne ou● of his ovvn aleagiaunce as easilie he myght a● that tyme his sonnes being much abrode from England and the blacke Prince his eldest sonne hauing tvvoe children borne beyonde the seas and consequentlie it is apparent that this rule o● Maxima set dovvn against Aliens is no vvay to be stretched against the descendantes of the king or of the blood Royal. Their fourth reason is that the meaning of king The fovvrth reason The kīgs meaning Edvvard and his children liuing at such tyme as this statute vvas made could not be that anie of their linage or issue might be excluded in lavv from inheritaunce of their right to the Crovvn by their forreine byrth vvhersoeuer For othervvise it is not credible that they vvould so much haue dispersed their ovvn bloode in other countries as they did by giuing their daughters to straungers and other meanes As Leonel the The matches of England vvyth forreyners kinges third sonne vvas married in Millan and Iohn of Gaunte the fourth sonne gaue his tvvoe daughters Phylippe and Katherine to Portugal Castile and his neipce Ioan to the king of Scottes as Thomas of VVoodstock also the yongest brother married his tvvoe davvghters the one to the king of Spain and the other to the Duke of Brytane VVhich no doubt they being vvyse Princes and so neere of the bloode Royal vvould neuer haue done yf they had imagined that herebie their issue should haue lost al clayme and title to the Crovvn of England and therfore it is moste euident that no such barre vvas then extante or imagined Their fift reasō is that diuers persons borne out The fifte reason Exāples of forreiners admitted of al English dominion and aleagiaunce both before the conquest and sithence haue bene admitted to the succession of oure Crovvne as lavvful inheritours vvythoute anie exception againste them for theyr forreyne byrthe As before the conquest is euident in yong Edgar Etheling borne in Hungarie and thence called home to inherit the Crovvn by his great vncle king Edvvard the Confessor vvith ful consent of the vvhole Realm the Bishop of VVorcester being sent as Ambassador to Flores hist An. 1066. fetch him home vvith his father named Edvvard the ovvtlavve And since the conquest it appeareth plainlie in kinge Stephen and kinge Henrie the seconde bothe of them borne out of English dominions and of Parentes that at their birth vvere not of the English alleagiaunce and yet vvere they both
of Condie in the contrarie parte vvould King of Nauarre Prince of Condye think them selues greatlie iniuried by the state of Fraunce vvhich is different from them in religion at this day if after the death of the king that novv is his brother vvithout issue yf God so dispose they should be barred frō inheriting the Crovvn vnder pretence onlie of their religion My Lord of Huntingtō him self also is he not knovvē to be of My L. of Huntingtons religion a different religiō from the present state of Englād and that yf he vvere king to morovve next he vvould alter the vvhole gouernment order condition state of religion novv vsed estblished vvythin the Realm But as I said in the beginning yf one of a vvhole familie or of diuers families be culpable or to be The title of thos vvhiche ensevve the Q. of Scottes touched herein vvhat haue the rest offēded therby vvil you exclude al for the mislike of one And to descend in order yf the first in K. Henries line after her Ma. may be touched in this point yet vvhy should the rest be damnified therby The king of Scotland her sonne that next ensueth to speake in equitie vvhie should he be shut out for his religion And are not al the other in like maner protestantes vvhos discent is consequent by nature order and degre SCHOL For the yong king of Scotland quoth I the trueth is that alvvayes for mine ovvn parte I haue had great hope and expectation of him not onlie The yōg k●ng of Scotland for the conceipt vvhich commonlie men haue of such Orient youthes borne to kingdomes but especialie for that I vnderstod frō tyme to time that his educatiō vvas in allearning prīcelie exercises instruction of true religiō vnder rare and vertuous men for that purpose VVherby I conceyued hope that he might not onelie become in tyme an honorable and profitable neighbour vnto vs for assurance of the ghospel in thes partes of the vvorld but also yf God should depriue vs of her Maiesty vvhithout issue might be a meane by his suc●ssion to vnite in Concord and Gouernment the tvvoe Realmes together vvhich heretofore hath bene sought by the price of manie a thousand mens blood and not obteyned Marie yet novv of late I knovv not by vvhat meanes ther is begon in mens hartes a certaine mislike or grudge against him for that it is giuen ou● euerie vvhere that he is inclyned to be a Papist an enimie to her Ma. proceedinges VVhich argueth him verelie of singular ingratitude if it be true considering the great helpes and protection vvhich he hath receyued from her highnes euer sithence he vvas borne GENTL And are you so simple quoth the Genleman as to beleeue euerie report that you heare of this matter knovv you not that it is expedient for my L. of Leycester and his factiō that this youth aboue al other be held in perpetual disgrace vvyth her Ma. and vvyth this Realm You knovv that Richard The deuice to set out her Ma vvith the yong king of Scotlād of Glocester had neuer bene able to haue vsurped as he did if he had not first persvvaded kīg Edvvard the fovverth to hate his ovvn brother the Duke of Clarence vvhich Duke stood in the vvaye betvvene Richard and the thing vvhich he moste of al thinges coueted That is the possibility to the Crovvn and so in this case is ther the lyke deuice to be obserued For truelie for the yong king of Scotlands religion it is euident to as manie as haue reason that it cā be no other of it self but inclined to the best both in respect of his education instruction cōuersation vvith thos of true religion as also by hi● former Actions Edictes Gouernment and priuat● behauiour he hath declared Marie thes men vvhos profit is nothing lesse then that he or any other of that race should do vvel do not cease daylie by al secrete vvayes driftes and molestations possible to driue him either to mislke of our religion or els to incur the suspitiō therof vvith such of our Realm as othervvise vvould be his best friendes or if not this yet for verie need feare of his ovvn lyfe to make recourse to such other Princes abrode as may most offend or mislik this state And for this cause they suborne certaine busie felovves of their ovvn crevv and faction perteyning to the ministerie of Scotland but vnvvorthy of so vvorthie a calīg to vse such insolēcy tovvards The intolerable procedinges of certayne Ministers in Scotlād agaīst they● kig by s●bornation of ●ys ●●ymyes in England their king and Prince as is not onlie vndecent but intollerable For he may do no thing but they vvil examin and discusse the same in pulpit If he go but on hunting vvhen it pleaseth them to cal him to their preaching if he make but a dinner or supper vvhen or vvhere or vvyth vvhom they like not if he receiue but a coople of horses or other presēt frō his friendes or kinsmen beyond the seas yf he salute or vse courteouslie anie mā or messiger vvhich cōmeth from them as you knovv Princes of their nobilitie courtesie are accustomed though they come frō their enimies as often hath bene seene highlie commended in her Ma. of England yf he deale familiarlie vvyth anie Ambassadour vvhich liketh not them or finalie if he do say or signifie any one thing vvhatsoeuer that pleaseth not their humour they vvil presentlie as seditious tribunes of the people exclame in publique and stepping to the pulpit vvher the vvord of the Lord only ought to be preached vvil excite the commonaltie to discontentation inveying against their souerain vvith such bitternes of speech vnreuerend tearmes and insolēt controlmentes as is not to be spokē Novv imagine vvhat her Ma. her graue coūcell vvould do in England if such procedinges should be vsed by the cleargie against them STHOL No doubt quoth I but that suche vnquiet spirites should be punished in our Realm And so I said of late to their moste Reuerend and vvorthie Prelat Primat the Archbisshop of S. Andrevves vvith vvhom it vvas my Luck to come acquainted Sir Patrik Adamson Archbishop of S. Andrevves in London vvhether he vvas come by his kings apointment as he said to treate certaine affaires vvith our Quene and Councell And talking vvith him of this disorder of his Ministerie he confessed the same vvith much greife of minde tolde me that he had preached therof before the king him self detesting and accusing diuers heades therof for vvhich cause he vvas become verie odious to them and other of their faction both in Scotland Englād But he said that as he had giuen the reasons of his doinges vnto our Quene so meaneth he shortlie to do the same vnto Monsieur Beza and to the vvhole church of Geneua by sending thither the articles of his and their doinges Protesting vnto me that the procedinges