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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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doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
ere the first yere of his vsurped reigne turned about he was spoiled and turned out of both Croune and his life withal Yea his vsurpatiō occasioned the cōquest of the whole realme by VVilliā Duke of Normandie bastard sonne to Robert the sixt Duke of the same And may you thinke al safe sound now from like dāger if you should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice VVhat shal I now speake of the cruel ciuil warres betwene king Stephen and king Henry the second whiche warres rose by reason that the said Henry was vniustly kept from the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lamēt with the lamentable losse of Normandie Aquitaine the possibilitie of the Dukedome of Britanie and with the losse of other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawfull vsurping of him against his nephew Arthur VVell let vs leaue these greuouse and lothsome remembrances let vs yet seeke if we may finde any later interpretatiō either of the said statute or rather of the common law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exāples would not serue prouided a later but so good so sure apt mete interpretatiō for our cause as any reasonable hart may desire The interpretatiō directly toucheth our case I meane by the mariage of the Lady Margaret eldest daughter to King Hēry the vij vnto the fourth king Iames of Scotland and by the opinion of the same most prudent Prince in bestowing his said daughter into Scotlād a matter sufficient enough to ouerthrow all those cauilling inuētiōs of the aduersaries For what time King Iames the fourth sent his Ambassadour to King Henry the seuenth to obteine his good will to espouse the said Lady Margaret Polid. 26. there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not well like upon the said Mariage saying it might so fal out that the right title of the Croune might be deuolued to the Lady Margaret and her children and the Realme therby might be subiect to Scotland To the whiche the prudent and wise king answered King H. 7. vvith his Counsaile is a good interpretor of our present cause that in case any suche deuolution should happen it would be nothing preiudiciall to England For England as the chief and principal and worthiest parte of the I le should drawe Scotland to it as it did Normandie from the time of the Conquest VVhich answere was wonderfully well liked of all the Counsaile And so consequently the Mariage toke effect as appereth by Polydor the Historiographer of that Realme and suche a one as wrote the Actes of that time by the instruction of the king him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband Englād could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of that Realme VVherevpon I may well inferre that the said newe Maxime of these men whereby they would rule and ouer rule the successiō of Princes was not knowen to the said wise king neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of my Soueraigne Lady Queene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender cōsideration the aduersaries haue gone about to strayne the worde Infantes or children to the first degree only Of the like weight is their other consideration imagining and surmising this statute to be made bicause the king had so many occasions to be so oft ouer the sea with his spouse the Queene As though diuers kings before him vsed not oftē to passe ouer the seas As though this were a personal statute made of a special purpose and not to be taken as a declaration of the common law VVhiche to say is most directely repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries The mariages of King E. 3. sonnes as Iohn of Gaunt Duke of Lancastre that Maried Peters the king of Castiles eldest daughter by whose right he clamed the Croune of Castile as his brother Edmund Erle of Camhridge that maried the yongest daughter as Lionell Duke of Clarence that maried at Milaine Violant daughter and heir to Galeatius Duke of Milan But especialy 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 Gascoine and his other sonne Richard that succeded his grandfather was borne at Burdeaux And 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 Philip to the King of Portugall and his daughter Catherin to the king of Spaine his Neece Iohan daughter to his sonne Erle 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 Britānie Now by these mennes interpretation none of the issue of all 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 Aūcestours VVhich surely had bene against the auncient presidentes examples that we haue declared and against the common Lawe the whiche must not be thought by this Statute any thing taken away but only declared and against all good reason also For as the kings of England would haue thought that Realme greatly iniuried if it had bene defrauded of Spaine or any of the foresaid countreies being deuolued to the same by the foresaid Mariages so the issue of the foresaide noble women might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretations and gloses as these men nowe frame and make vpon the statute woulde then haue serued nor nowe will serue A fond imagination of the Aduersaries of the statute of 25. E. 3. But of all other their friuolous and folish ghessing vpō the clause of the statute for Infantes de Roy there is one most fond of all For they would make vs beleue
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