became I praye you of Harolde that by briberie aÌd helpe of his kiÌred vsurped the crowne against the foresaide yonge Eadgar as I haue saide aÌd as the olde monumeÌrs of our historiopraphers do plainlie testifie was the trewe aÌd lawful hâire Cui de iure debebatÌ regnuÌ Anglo ruÌ Io. âod in chronic Angliae Coulde he thincke you enioye his ambitiouse aÌd nawghtie vsurpinge one whole aÌd eÌtier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled aÌd turned owt bothe of crovne aÌd â Rex Edvvardê° misit c. Vt velâpÌe Edvvardê° vel filiae eâê° sibi succedereÌt c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all FadeÌ verba sunt in Mat. vvestmo 1Ì flor hist Anâo 1066. Yea his vsurpatioÌ occasioÌed the coÌqueste of the whole realme by williaÌ Duke of NormaÌdie bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe aÌd sownde nowe from like danger yf vve shoulde treade the saide vvroÌge steppes vvithe Harolde forsakinge the right aÌd highe vvaye of lavve aÌd iustice What shall I nowe speake of the crevvell aÌd ciuill vvarres betvvene kinge Stephen and kinge HeÌrie the secoÌde Which vvarres rose by reasoÌ the saide HeÌry vvas vniustlie kepte froÌ the crovne devë to his mother mavvde aÌd to him aftervvardes The petifull reigne of the saide IohnÌ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpiÌg of kinge Harrold K. Stephen and IohnÌ aÌd vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the coÌmon lavve for our purpose And lôa the greate goodnes and êuidence of God vvho hathe yf the foresaide exaÌples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge HeÌrie the seaveÌthe vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficieÌt inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth senâe his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interpÌtour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right aÌd title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the coÌqueste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so coÌsequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructioÌ of the kinge him self I saye theÌ the vvise worthy SalomoÌ foreseinge that suche deuolutioÌ might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasoÌ of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and âklender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childreÌ to the first degre onlie Of the like weight ys his other consideration imageninge aÌd surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the coÌmon lawe Whiche to saie ys moste directlie repugnaÌte and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as IohnÌ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile IohnÌ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece IohaÌ dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes IohaÌ dawghter to his brother Thâ mas of Wodstocke Duke of GloÌcester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womeÌ coulde have enioyed the crowne of Englande wheÌ yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncientâ presidentes and examples that we
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌde After vvhose deathe she retorned to her father yet did kinge HeÌry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ the saide kinge did reuiue aÌd renevve the like othe of allegeaÌce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌde imagination to vvchyngeâk Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌge other thinges by kinge Richard the secoÌd who succeded his grandfather kinge Edwarde the thirde which Richarde had diâers worthy aÌd noble vncles who neither for lacke of knowledge coulde be ignoraÌte of their right Diuersitie of opinioÌs towchinge the vncle aÌd nephewe whether of them ovvght to be preferred in the royall gouernemeÌt neither for lacke of Frendes cowrage aÌd power be enforced to forbeare to chaleÌge theire title aÌd intereste yet shoulde he haue had some countenance of reason aÌd êbabilitye by cause many argumeÌtes aÌd the authoritie of many learned aÌd notable ciuiliaÌs do coÌcurre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ taken for other then for an vsurper by excludinge him The possessioÌs of the crowne of ânglands that were beyoÌde the seas seased into the Frenche kiÌgs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ by the practise and ambitioÌ of Quene Elenour hys mother aÌd by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ hym self which moste fowle and shamefull acte the saide IohnÌ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌde And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâhur in Bristowe castle where she miserablie ended her life Yf that gaâe Maxime wolde have serued to have excluded theis two children by cawse theye were straÌgers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ that the birthe owte of the legeance of Englande by father aÌd mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌde beinge then at dissention with the saide kinge IohnÌ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌs kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌche kinges sonne claimed the crovne of this realme iÌ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France â Pro here ditatevxoris iâre scilicet neptis Reg Io. vsque âd mortem ãâã necessitas exigeret decertabâ pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌples are sufficieÌte I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâaued for a good suer aÌd substanciall interpÌtation of the coÌmon lawe And yt were not altogether froÌ the purpose here to coÌsider aÌd weighe with what aÌd howe greauouse plagues this realme hath bene ofte afflicted aÌd scowrged by reason of wroÌgfull aÌd vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌd noÌber of the same plagues aswell otherwise as especiallie by the contentioÌ of the noble howses aÌd famelies of yorke aÌd LaÌcaster ⪠Seinge yt ys so fortunatelie and almoste with in maÌs remeÌbraÌce extiÌctâ aÌd buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌr Hunt histâ Angliae li. 6. I will nowe putt the gentle Reader in remeÌbraÌce of those onlie with whose vsurpinge titles we are nowe pÌsentlie in haÌde And to begiÌne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
suche lawfull prouffe againste the saide will êducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌde yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌd sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole êliameÌtes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌte maye be geaven to an acte of parliameÌt by hys lettres pateÌtes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌmonlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌsumptions aÌd reasons agaiÌst the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌd welthe of the realme to the good coÌteÌtatioÌ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌd dishonorable sorte as ys pÌteÌded I plainlie denie For beinge at the time of this pÌtensed will furnissâed and adorned with issewe our late kiÌge Edward aÌd ladie Marie late Quene aÌd with our graciouse souereigne Elizabeth theire state aÌd successioÌ beinge also latelie by acte of êlameÌte established what nede or likelyhode was there for the kinge theÌ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌd fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ of the redd rose and the white lately by the incorporation and vnioÌ of the howses of yorke and Lancaster in the êsoÌ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌd buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌte yet coulde not he be ignorante that nether pÌliameÌtes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor êliamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a êliamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to êcure aÌd purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌche Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌd afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from