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A05354 A treatise tovvching the right, title, and interest of the most excellent Princess 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.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France. Selections Leslie, John, 1527-1596. 1584 (1584) STC 15507; ESTC S108494 94,307 147

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cōmon lawe of that realme that hath bene taken by any iust cōstruction to extende vnto or bind the King or his Croune I will not denie but that to declare set forth the prerogatiue and Iurisdiction of the King they may shewe many rules of the lawe but to binde hym as I haue sayde they can shewe none The obiections of the aduersaries touching Aliens borne are clearlie auoided OVR aduersaries in a booke gyuen out by them touching this succession doe alleige for a Maxime in lawe most manifest that who so euer is borne out of England and of father and mother not being vnder obediēce of the King of England can not be capable to inherite any thing in England VVhiche rule being generall without any wordes of exception they also say must nedes extende vnto the Croune VVhat they meane by lawe I knowe not But if they meane as I thinke they do the common lawe of England I answere there is no suche Maxime in the common lawe of the Realme of Englande as hereafter I shall manifestly proue But if it were for argumentes sake admitted for this time that it be a Maxime or general rule of the common lawe of England yet to saye that it is so general as that no exception can be taken against the same rule they shewe them selues either ignorant 25. E. 3. or els very carelesse of their credite For it doth plainely appeare by the Statute of 25. E. 3. being a declaration of that rule of the lawe which I suppose they meane in terminge it a Maxime that this rule extendeth not vnto the Kinges children VVhereby it moste euindently appeareth that it extendeth not generally to all And if it extende not to binde the Kinges children in respect of any inheritance descended vnto them from any of their Auncestours it is an Argument á for●iori that it doth not extende to binde the king or his Croune And for a full short answere to their Authorities sett foorth in their marginall Notes as 5. Edvvard 3. tt Ayl● 1● Edvva 3. tt Bref 31. Edvva 3. tt Cosen 42 Ed. 3 fol. 2 22 Henric. 6 fol. 42. 11. Henric. 4. 23. 24. Litleton ca. vile●age it may plainly appeare vnto all that will reade and peruse those Bookes that there is none of them all that doth so muche as with a peece of a word or by any colour or shadow seeme to intende that the title of the Croune is bounde by this their supposed generall rule or Maxime For euerie one of the said Cases argued and noted in the said Booke are onely concerning the dishabilitie of an Alien borne and not Denizon to demaunde any landes by the lawes of the Realme by suite and action onely as a subiect vnder the King The aduersaries case perteineth to subiectes onely and nothing touching any dishabilitie to be laied to the King hymselfe or to his subiectes Is there any cōtrouersie about the title of the Croune by reason of any suche dishabilitie touched in any of these Bookes No verely not one woord I dare boldely say As it may most manifestly appeare to them that will reade and pervse those bookes And yet the aduersaries are not ashamed to note them as sufficient authorities for the maintenance of their euill purpose and intent But as they would seeme to vnderstand that their rule of dishabilitie is a generall Maxime of the lawe so me thinketh they should not be ignorant that it is also as general No Maxime of the lavve bindeth the Croune vnles the Croune specially be named yea a more general rule Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the king or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is their sayd supposed Maxime and yet neither the king nor the Croune is by any of them bound As for example it is very plaine 1. Of Tenant by the curtesy that the rule of Tenante by the Curtesie is general without any exception at all And yet the same bindeth not the Croune neither doth extende to geue any benefite to him that shall Marie the Queene of England As it was plainely agreed by all the lawiers of that Realme when king Philip was maried vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philip and Queene Marie and of all the states of that Realme it was enacted 2. Nor that the landes shal be diuided among the daughters that king Philip should not clame any title to be Tenaunt by the Curtesie It is also a general rule that if a man dye seysed of any landes in Fee simple without yssue male hauing diuerse daughters the lande shal be equally diuided among the daughters VVhich rule the learned men in the lawes of that Realme agreed in the lyfe of the late noble Prince Edwarde and also euery reasonable man knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth all 3. Nor the vvife shall haue the third part as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed haue the third parte of the best possessions of her husband And yet it is verie clere 5. E. 3. Tit. praeroga 21. E. 3. 9. 28. H. 6. that a Queene shall not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3. 9. 28. H. 6. and diuers other bookes Bysides this the rule of Possessio fratris 4. Nor the rule of Possessio fratris c. being generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shall succede and not the sister of the whole blood as may appeare by Iustice Moile and may be proued by King Etheldred brother and successor to king Edward the Martyr and by kyng Edward the Confessor brother to king Edmunde and by diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister VVho both in all recordes of the lawe wherein their seuerall rightes and titles to the Croune are pleaded as by daily experience in the Exchequer in all other Courtes is manifest doe make their conueiance as heires in blood the one to the other whiche if they were cōmon or priuate persons they could not be allowed in lawe they as is well knowen being of the halfe blood one to the other that is to wit begotten of one father 5. Nor that the executour shall haue the goods and Chattles of the testatour 7. H. 4. fol. 42. but borne of sundrie mothers It is also a generall rule in the lawe that the executour shall haue the goodes and
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