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B00559 A treatise declaring, and confirming against all obiections the just title and right of the moste excellent and worthie prince, Iames the sixt, King of Scotland, to the succession of the croun of England. Whereunto is added a discourse shewing how necessarie it is for the realme of England, that he be in due time acknowledged and admitted to the succession of the kingdome. Philodikaios, Irenicus. 1599 (1599) STC 19881.5; ESTC S94721 21,845 46

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A TREATISE DECLARING AND confirming against all obiections the just title and right of the moste excellent and worthie Prince IAMES the sixt King of Scotland to the succession of the croun of England WHEREVNTO IS ADDED A DISCOVRSE Shewing how necessarie it is for the Realme of England that he be in due time acknowledged and admitted to the succession of the Kingdome The Preface SEING the great diuersitie of opinions which is found in men of all Estates throughout this Realme concerning the Royall succession and fore-seing the manifest danger of ciuill and forraine warres which thence are lyke to ensue to the notable hurte and domage if not to the vtter ruine of this noble Kingdome except the subjects thereof bee in due time rightlie informed to whom by right the croun falleth next after her Maiestie I thought it my dutie being a member of one bodie with them trulie to informe so manie of them as I might concerning this matter by publishing this treatise wherein the right of the next lawfull successour is declared and confirmed against all obiections And for that I know it to be the opinion of sundry men that in this present controuersie it is not onlie to be considered to whom by right the croune appertaineth but also whether his admission may be auailable or hurtfull to the common wealth I thought good to adde to the saide declaration defence of his right a discourse shewing howe necessarie and expedient it is for the common wealth that hee be in due time acknowledged and admitted to the succession of this Kingdome Both which parts I haue brieflie handled thinking it ynough to proue and confirme them with a competent number of weighty and forceable arguments the rather for that the former part hath beene more at length declared and confirmed by others in treatises alreadie published and the other point is of it self so cleare and manifest as fewer reasons than I alledge may be sufficient for the certain proofe and euidencie therof I hope that you my deare countrie-men for whose instruction and behoofe I haue published this little pamphlet will thankfully accept this my good meaning and honest endeuour making your profite therof by embtacing and furthering so iuste and honorable a cause as is heere recommended vnto you and procuring thereby together with your owne safetie and advantage the peace honour prosperitie of this your natiue countrie With which happie fore-sight beseeching God to indue you I hartilie bid you fare-well IRENICVS PHILODIKAIOS The right of the King of Scotland by descent of kindred is declared BEing to declare who by all right is next to our soueraigne Ladie Queen Elizabeth in the succession of the kingdom I thought it needeles to draw the descent of such as with anie reason or probabilitie may after her Maiesties decease lay claime to the croun further of than from the vnion of the houses of Lancaster and York in the persons of the most renowmed King Henrie the seauenth and of Elizabeth eldest daughter to King Edward the fourth right and lawfull heires of both the Royall families For as for the Erle of Huntington and others descended from George Duke of Clarence youngest brother to King Edward the fourth they may not justlie be greeued if they be placed in rank after such as are lawfullie descēded from the heire of their own house of York joyned in mariage to the head of the familie of Lancaster And as for the king of Spaine and his sister the Infanta for whome farre sought titles haue beene forged by some fugitiue Persons of our own nation desiring for the alteration of Religion to make this flourishing common wealth a praie to the enemies therof I am perswaded there is none that hath the hart of a true subiect or naturall English-man how soeuer hee bee affected in Religion that will not vtterlie abhorre and detest the defending or approouing of anie such titles tending to the great dishonour and vtter subuersion of this Realm and to the notable disgrace of so manie worthie Princes as since the time of King Henrie the sixt hitherto therin haue reigned But desisting from the mention of titles no les false than odious I come to the orderlie descent of Henrie the seuenths progenie King Henrie the seuenth of that name had issue by Queene Elizabeth besides Prince Arthur and an other who deceased without succession Prince Henrie Ladie Margaret and Ladie Marie King Henrie the eight who succeeded to his father had issue King Edward Queene Marie and Queene Elizabeth now reigning Ladie Margaret eldest daughter to King Henrie the seauenth was maried to Iames the fourth King of Scotland who begat on her Iames the fift father to Marie Queen of Scotland Douagier of France whose onlie sonne and heire is King Iames the sixt who at this present reigneth and hath alreadie issue Prince Henrie Ladie Elizabeth and another daughter The said Queen Margaret after the death of King Iames the fourth was maried to Archibald Earle of Angus and by him had a daughter called the Ladie Margaret Dowglasse which was wife to Mathew Stewart Earle of Lenox by whome shee had two sonnes Henrie Lord Darlie and Charles whereof Henrie beeing the elder was ioyned in mariage to Marie Queen of Scotland and of her begat the king that now is And Charles the younger brother maried Elizabeth the daughter of Sir William Candish by whome he had one only daughter yet liuing named the Ladie Arbella Marie the younger daughter of King Henrie the seuenth after the decease of her first husband Lewes the twelth King of France by whome shee had no issue was maried to Charles Brandon Duke of Suffolke by whome she had two daughters Ladie Frances and Ladie Eleonor The Ladie Frances was maried to Henrie Gray Marques of Dorcester afterward Duke of Suffolke who begat of her three daughters Iane Katherine and Marie The eldest of them Ladie Iane was maried to Gilford Duldey the sonne of Iohn Duke of Northūberland of whom she had no issue being sone after her mariage put to death by Queene Marie for taking on her the croun Ladie Catherine first espoused to Henrie Harbert eldest sonne of William Erle of Pembroke this contract being dissolued had by the Earle of Hartford after a priuie contract made betwixt them as they both alledged the Lord Beauchamp and his brother who are yet liuing Ladie Marie the youngest who was betrouthed to Arthur Lord Gray of Wilton died without issue Ladie Eleonor the second daughter of Ladie Marie Duchesse of Suffolke was maried to Henrie Clifford Erle of Cumberland who had by her a daughter named Margaret that was married to Henrie Stanley Erle of Darbie by whome shee had issue Fernande William and Frances This is the orderlie succession of such as are descended from the vnion of both the Royall families of York and Lancaster whereby it is euident that the issue of King Henrie the eight failing in our soueraigne Ladie Queene Elizabeth the right of the
but rather great aduantage for that it would draw to it self the kingdome of Scotland as before it had done Normandie and Aquitaine with other prouinces the which answere gaue full satisfaction and contentment to the counsell The same answere also both in respect of the truth thereof and of the person that made it may justlie perswade vs that the admission of the King of Scotland to the croun is no wise vnlawfull or prejudiciall to the publique weale But besides all these reasons showing manifestlie that neither by anie maxime of the common Lawe nor by the wordes of the alledged statute nor yet by the practise and custome of our Realme an alien may bee repelled from succession to the kingdome when by right of blood it falleth to him there are other two reasons which in particular make for the King of Scotland The one reason is that Scottishmen are in our Chronicles accounted as subjectes by way of homage howsoeuer they denie it In respect whereof it seemeth that the auncient records making mention of seruice to be done within this Iland containe the frenche words Dens les quatre mers or the latine Infra quatuor maria within the foure seas in which bounds Scotland being within the North sea is comprised The other reason is that the former statute of king Edward the third is intituled Of them that are borne beyond the seas and that in the bodie of the same statute the doubt is mooued of children borne out of the alleageance of England beyond the seas whereby can not bee vnderstood Scotland it being a part of the same Iland By all which reasons the obiection of forraine birth is clearlie and sufficientlie auoided Wherefore I go on forward to the confutation of the pretended Testament of king Henrie the eight THE OBIECTION OF KING Henries pretended testament is confuted IN the 28 and 35. yeares of King Henries raigne vpon some doubt which then he himselfe seemed to haue about the order of succession in his owne children and for taking away all occasion of controuersie which after his death might arise thereupon the Parliament gaue authoritie to the king to debate and determine that matter himself wirh his learned counsell who best knew the lawes of the Realme titles that anie might haue to the croun and what succession he should declare as right lawful vnder his letters patents sealed or by his last will and testament lawfullie made and signed with his own hand that the same should be receaued for good and lawfull Vpon pretence whereof soone after the kings death there was shewed a will with the kings stamp at the same the names of diuerse witnesses wherin the succession of the croun after his own children was assigned to Ladie Frances and Ladie Eleonors successours who were neeces to the King by his youngest sister Which assignation being as it were a meere gift made to Frances and Eleonor in prejudice of his eldest sisters right was founde to bee against all law reason and nature and therefore not thought to proceed from so wise a Prince as king Henrie was but rather forged and the kings stamp set to by others either when he was past vnderstanding or after his death And heereof there want not most euident reasons and proofes First it is not credible that King Henrie would against lawe and justice disherite the line of his eldest sister and so giue occasion of ciuill and forrain wars especiallie seing in such a case of so apparent wrong in so great a matter hee might well fore-see that the authoritie of a Parliament would take little effect against the true lawfull inheritour as appeared not long before in Henrie the sixt Edward the fourth Richard the third In whose reignes diuerse and contrarie Parliaments made against the next inheritour held no longer with anie of them than while he was able to make his owne part good Secondlie there be manie incongruities and indignities in the said pretended will to proceed from such a Prince as King Henrie was For what can be more ridiculous than to giue the croune to Frances and Eleonors heires and not to themselues And yet by this Testament the sonne of Abraham Stokes who maried the same Frances after the death of her first husband the Marques of Dorset beeing but her owne seruant should haue claimed before her if he had had anie by her Of lyke absurditie is it that in the same Will the King is saide to binde his owne daughters to marie by direction of his counsell or otherwise to loose the benefite of succession whereas the daughters of his neeces Frances and Eleonor were not bound thereby to anie such conditioun Thirdlie there bee diuerse arguments alledged in law why this Will is not authenticall First for that it is not aggreable to the minde and meaning of the Parliament which intended onlie to giue authoritie for declaration of the true title and not for donation or intricating thereof Also for that there is no lawfull or authenticall copie extant of the same but onlie a bare inrolment in the Chancerie which is not sufficient in so waightie an affaire no witnesse of the priuie counsell or of the nobilitie to the same which could not haue wanted in so great a cause for the best of the witnesses therein named was Sir Iohn Gates whose miserable death is well knowne No publique notarie nor probation of the will before anie Bishop or anie lawfull court appointed for that purpose no examination of the witnesses or other things ordinarilie done for lawfull confirming of such a matter But of all other things this is of moste importance that the King neuer set his own hand to the foresaid Will but his stamp was set thereto by others either after his death or when hee was past remembrance which is confirmed by witnesses farre more worthie credite in respect of their degree and reputation than Sir Iohn Gates the others whose names were subscribed For first the Lord Paget in the beginning of Queene Maries daies being of her priuie counsell discouered the same of his owne accorde and vpon meere motion of conscience confessing before the whole counsell and after before the whole Parliament how that himself was priuie thervnto and partly also culpable being drawne thereto through the instigation forcible authoritie of others Also Sir Edward Montague Lord chief justice that had bene present and priuie to the same doings and one William Clerk that put the stamp to the paper confessed the whole premisses to be true Vpon which discouerie Queen Marie her counsel caused presentlie the said inrolment lying in the Chancerie to be cancelled defaced and abolished And since that time in hir Maiesties daies that now liueth about the 11. or 12. yeare of her reigne by occasiō of a certain book spred abroad at the same time verie secretlie for advancing of the house of Suffolke by pretence of this Testament the Duke of Norfolk the Marques of Winchester which