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prince_n castille_n king_n marry_v 2,309 5 9.5488 5 false
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A05353 A treatise concerning the defence of the honour of the right high, mightie and noble Princesse, Marie Queene of Scotland, and Douager of France with a declaration, as wel of her right, title, and interest, to the succession of the croune of England: as that the regiment of women is conformable to the lawe of God and nature. Made by Morgan Philippes, Bachelar of Diuinitie, An. 1570.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France Leslie, John, 1527-1596. 1571 (1571) STC 15506; ESTC S106704 132,510 314

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only Of the like weight is his other cōsideration imaginīg and surmising this statute to be made bicause the King had so many occasiōs to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takē as a declaratiō of the cōmon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother Edmūd Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine Violāt daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid coūtreies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womē might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this mā swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters where●oeuer they be borne Al the doubt was for other persons as appeareth euidētly by the tenour of the statute whether by the cōmon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driuē to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childrē and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin cōprised so vpō these Frēch wordes Les enfants de Roy he noteth in the Margēt The Kings childrē but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takē strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritāce and not for the Cround as most men take it and as it may be as we haue said very wel takē and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childrē the Croune also is meant yet neither may we enforce the rule of foraine borne vpō the kings children which are by the●presse wordes of the statute excepted neither enforce the word In●●●s to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the cōtrarie seing that the right of the Croune falling vpō them they may wel be called the kings Childrē or at the lest the childrē of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expoūded of the same the said Queene is out of the reach and cōpasse of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England