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B12208 The copie of a leter, vvryten by a Master of Arte of Cambrige, to his friend in London concerning some talke past of late betvven tvvo vvorshipful and graue men, about the present state, and some procedinges of the Erle of Leycester and his friendes in England. Conceyued, spoken and publyshed, vvyth most earnest protestation of al duetyful good vvyl and affection, tovvardes her most excellent Ma. and the realm, for vvhose good onely it is made common to many. Morgan, Thomas, 1543-1606, attributed name.; Parsons, Robert, 1546-1610, attributed name. 1584 (1584) STC 5742.9; ESTC S108682 125,586 206

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Henrie Earle of Richmōd discending but of the last sonne and third vvyfe of Iohn of Gaunt Duke of Lācaster vvas so respected for that onelie by the vniuersal Realm as they inclyned vvholie to cal him from banishment to make him king vvith the deposition of Richard vvhich then ruled of the house of York vpon condition onlie that the said Henrie should take to vvyfe a daughter of the contrarie familie so great vvas in thos dayes the affection of English hartes tovvards the line of Lancaster for the great vvorthynes of such kinges as had reigned of that race hovv good or bad so euer their title vvere vvhich I stand not heare at this tyme to discus but onlie to insinuate vvhat partie the same found in our Realm in tymes past and consequentlie hovv extreame daungerous the contention for the same may be herafter especialie seing that at this day The line of Portugal the remander of that title is pretended to rest vvholie in a straunger vvhos povver is verie great VVhich vve Lavvyers are vvount to esteme as a point of no smal importaunce for iustifying of anie mans title to a kingedom SCHOL You Lavvyers vvant not reason in that Sir quoth I hovv so euer you vvant right for if you vvil examine the succession of gouernmentes from the begnining of the vvorld vnto this daye either among Gentile Ievve or Christian people you shal find that the svvord hath bene alvvayes better The svvord of greate force to iustifie the title of a kingdom then half the title to get establishe or mainteyne a kingdom vvhich maketh me the more apalled to heare you dicourse in such sorte of nevv cōtentiōs and forraine titles accōpained vvyth such povver and strength of the titlers VVhich cannot be but infinitelie daungerous and fatal to our Realm yf once it come to action both for the diuision that is like to be at home and the varietie of parties from abrode For as the Prince vvhom you signifie vvil nor faile by al likeliehood to pursue his title vvyth al forces that he can make if occasion vvere offered so reason of state and pollicie vvil enforce other Princes adioynīg to let hinder him therin Greate dangers vvhat they can and so by this meanes shal vve become Iuda Israel among our selues one killing and vexing the other vvyth the svvord and to forraine Princes vve shal be as the Iland of Salamina vvas in olde tyme to the Athenians and Megarians and as the Iland of Cicilia vvas aftervvard to the Grecians Carthaginians and Romans and as in our dayes the kingdom of Naples hath bene to the Spaniards Frenchemen Germans and Venetians That is a bayte to feed vpon and a game to fight for VVherfore I beseech the Lord to auerte from vs all occasions of such miseries And I pray you Sir for that vve are fallen into the mētion of thes matters to take so much paines as to open vnto me the grovvnd of thes controuersies so long novv quiet betvven York and Lancaster seing they are novv like to be raised againe For albeit in general I haue heard much therof yet in particular I either conceaue not or remember not the foundation of the same and much lesse the state of theire seueral titles at this daye for that it is a studie not properlie perteyning vnto my profession LAVV. The controuersie betvvene the houses of York and Lancaster quoth the Lavvyer tooke his actual beginning in the issue of K. Edvvard the third The beginning of the cōtrouersie betvvixt York and Lācaster vvho died somevvhat more then tvvo hundreth yeares gone but the occasion pretence or cause of that quarrel began in the children of K. Henrie the third vvho died an hundreth yeares before that and left tvvo sonnes Edvvard vvho vvas king after him by the name of Edvvard the first and vvas Graundfather to Edvvard the third and Edmond for his deformitie called Crookback Earle of Lancaster and beginner of that house vvhos inheritaunce aftervvard in the fovverth discent fel vpon a daughter named Blanche vvho vvas married to the fourth sonne of king Edvvard the third named Iohn of Gaunt for that he vvas Edmond Crooke-back begi●ner of the house of Lācaster borne in the Citye of Gaunt in Flaunders and so by this his first vvyfe he became Duke of Lancaster and heire of that house And for that his sonne Henrie of Bolingbrook aftervvarde called K. Henrie the fourth pretended among other thinges that Edmond Crookback great graundfather to Blanche his mother vvas the elder Blanche sonne of K. Henrie the third and iniustelie put by the inheritaunce of the Crovvn for that Iohn of Gaunt he vvas Crookebacked and deformed he toke by force the kingdom from Richard the second Hovv the kingdom vvas first broght to the house of Lancaster nephevv to king Edvvard the third by his first sonne placed the same in the house of Lācaster vvhere it remained for three vvhole discētes vntil aftervvarde Edvvard Duke of York descended of Iohn of Gauntes yonger brother making clayme to the Crovvn by title of his graundmother that vvas heire to Lionel Duke of Clarence Iohn of Gauntes elder brother toke the same by force from Henrie the sixt of the house of Lancaster and brought it backe againe to the house of Yo●● vvher it contineued vvith much trouble in tvvo kinges onlie vntil bothe houses vvere ioyned together in king Henrie the seuenth and his noble issue Hereby vve see hovv the issue of Iohn of Gaunt Duke of Lancaster fourth sonne to K. Edvvard the third pretended right to the Crovvn by Edmond Crookbacke before the issue of al the other thre sonnes of Edvvard the third albeit they vvere the elder brothers vvherof vve vvil speake The issue of Iohn of Gaunt more hereafter Novv Iohn of Gaunt though he had manie children yet had he fovver onlie of vvhom issue remaine tvvo sonnes and tvvo daughters The first sonne vvas Henrie of Bolingbrooke Duke of Lancaster vvho toke the Crovvn from K. Richard the second his vnkles sonne as hath bene said and first of al planted the same in the house of Lancaster vvhere it remayned in tvvo discentes after him that is in his sonne Henrie the first and in his nephevv Henrie the sixt vvho vvas aftervvard destroyed together vvith Henry Prince of VVales his only sonne heire and consequelie al that Line of Henrie Bolingbrok extinguished by Edvvard the fourth of the house of York The other sōne of Iohn of Gaūt vvas Iohn Duke of Somerset by Katherin S Finsford his third vvife The pedegree of K Henrie the 7. vvhich Iohn had issue an other Iohn and he Margaret his daughter heire vvho being married to Edmond Tyder Earle of Richmond had issue Henrie Earle of Richmond vvho after vvas named K. Henrie the seuenth vvhos Line yet endureth The tvvoe daughters of Iohn of Gaunt vvere married to Portugal and Castile that is Philippe The tvvo daughte●s
religion for thes are not al said he do cōsequentlie vvishe and labour some chaunge in the state but yet vvhether so far furth in so deep a degre of proper treason as here in this boke both in general and patticular is presumed and inforced that quoth he is somvvhat hard I vvene for you or me in respect of some other differēce betvvene vs to iudge or discerne vvith indifferencie GENTLEMAN Nay truelie said the gentleman for my parte I think not so for that reason is reason in vvhat religion so euer And for my self I may protest that I beare the honest Papist if ther be anie no malice for his deceiued cōscience vvherof among others your self can be a vvitnes mary his Practizes against The Papistes practizes against the state the state I cannot in anie vvise disgiest and much lesse may the cōmon vvealth beare the same vvher of vve al depend beyng a sinne of al other the most heinous and least perdonable And therfore seing in this you graunt the Papist both in general abrode at home and in particular such as are condempned executed and named in this boke to be guiltie hovv can you insinuate as you do that ther is more presumed or enforced vpon them by this boke then ther is iust cause so to do LAVVYER Good Sir said the other I stand not here to examine the doinges of my superiours or to defend the guiltie but vvish hartely rather their punishment that haue deserued the same Onlie this I say for explication of my former speech that men of a different religion from the state vvherin they liue may Tvvoe s●●tes of dealinge against the state be said to deale against the same state in tvvo sortes the one by dealing for the encrease of their said different religion vvhich is alvvaies either directlie or indirectlie against the state Directly vvhen the said religion conteineth anie point or article directlie Directly impugning the said state as perhappes you vvill saie that the Romane Religion doth against the present state of England in the point of Supremacie and Indirectlie for that euerie different Indi●lye religion deuideth in a sorte and dravveth from the state in that ther is no man vvho in his hart vvould not vvish to haue the chiefe Gouernour and state to be of his religion if he could and consequentlie misl●keth the other in respect of that and in this kinde not onelie those vvhō you cal busie Papistes in England but also those vvhom vve cal hote Puritanes among you vvhose difference from the state especialie in maters of gouernment is verie vvel knovven may be called al traitors in mine opiniō for that euery one of thes in deed do labour īdirectlie if not more against the state in hovv much soeuer ech one ēdeuoreth to encrease his parte or factiō that desireth a gouernour of his ovvn religion And in this case also are the protestantes in Fraunce Flaunders vnder Catholique Princes the Caluinists as they are called vnder the Duke of Saxonie vvho is a Lutherane the Lutherans vnder Cassimere The state of al subiectes in a state of different religion that fauoureth Caluinistes the Grecians and other Christians vnder the Emperour of Constantinople vnder the Sophie vnder the Great Chame of Tartarie and vnder other Princes that agree not vvith them in religion Al vvhich subiectes do vvish no doubt in their hartes that they had a Prince and state of their ovvn religion in stead of that vvhich novv gouerneth them and cōsequentlie in this first sense they may be called altraitors euerie act they do for aduauncement of their said different religion deuiding betvven the state and them tendeth to treason vvhich their Princes supposing do sometimes make diuers of their actes tresonable or punishable for treason But yet so long as they break not forth vnto the second kinde of treason vvhich cōteyneth some actual attēpt The seconde kinde of treason or treatie against the life of the Prince or state by rebellion or othervvise vve do not properlie condemne thē for traytors though they do some actes of their religion made treason by the Prince his lavves vvho is of a different fayth And so to applie this to my purpose I think Sir in The application of the former example good sooth that in the first kinde of treason asvvel the zealous Papist as also the Puritanes in England may vvel be called and proued traytors but in the second sorte vvherof vve speake properlye at this tyme it can not bee so precyslye ansvvered for that ther may be both guiltie guiltles in eche religion And as I cannot excuse al Puritanes in this point so you cannot condemne al Papistes as long as you take me and some other to be as vve are GENTL I graunt your distinction of treasons to be true said the gentleman as also your application therof to the Papistes and Puritans as you cal them not to vvant reason if ther be anie of them that mislike the present state as perhaps ther be albeit for my parte I think thes tvvo kindes of treasons vvhich you haue put dovvn be rather diuers degrees then diuers kindes vvherin I vvil refer me to the iudgement of our Cambridge friend here present vvhose skil is more in logical distinctiōs But yet my reason is this that indeed the one is but a step or degree to the other not differing in nature but ra●her in tyme abilitie or oportunitie For if as in your former examples you haue shevved the Grecians vnder the Turk and other Christians vnder other Princes of a different religion and as also the Papistes and Puritanes as you terme them in England for novv this vvord shal passe betvven vs for distinction sake haue such alienation of minde from their present regiment and do couet so much a gouuernour and state of their ovvn religion Tvvo degrees of treason then no doubt but they are also resolued to imploye their forces for accomplisshing and bringing to passe their desires if they had oportunitie and so being novv in the first degree or kinde of treason do vvant but occasion or abilitie to break into the second LAVV. True Sir said the lavvier if ther be no other cause or circumstance that may vvythholde them GENTL And vvhat cause or circumstance may staye them I pray you said the gentleman vvhen they shal haue abilitie and oportunitie to do a thing vvhich they so much desire LAVV. Diuers causes quoth the lavvyer but especialie and aboue al other if it be at home in their ovvn countrie the feare of seruitude vnder forreyn nations may restrayne them from such attemptes As vve see in Germanie that both Catholiques and protestantes vvould ioyne together against anie straunger that should offer daunger to their libertie And so they did against Charles the fift And in Fraunce not long agoe albeit the protestants Feare of forrayne op●ressiō maketh friēdship at home vvere vp in armes agaynst their
nature and said that he alvvayes mistrusted the same considering hovv much his Lordship vvas in debt to him and he made pryuie to his Lordship fovvle secretes vvhich secrets he vvould ther presentely haue vttered in the face of all the vvorld but that he feared tormētes or speedie death vvith some extraordinarie crueltie if he should so haue donne and therefore he disclosed the same onely to a Gentleman of vvorshippe vvhom he trusted speciallie vvhose name I may not vtter for some causes but it beginneth vvith H. I am in hope ere it be long by means of a friēd of myne to haue a sight of that discourse reporte of Gates vvhich hytherto I haue not sene nor euer spake I vvith the Gētleman that keepeth it though I be vvel assured that the vvhole mater passed insubstance as I haue here recounted it SCHOL VVherunto I ansvvered that in good faith it vvere pittye that this relation should be lost for that it is very lyke that many rare thinges be declared This relation of Gates may serue hereafter for an addition in the secōd editiō of this boke therin seing it is donne by a man so priuie to the affayres them selfes vvherin also he had bene vsed an instrument I vvill haue it quoth the Gentleman or els my friendes shal fayle me hovvbeit not so soone as I vvould for that he is in the vvest countrie that should procure it for me vvill not returne for certaine monethes but after I stall see him agayne I vvill not leaue him vnril he procure it fot me as he hath promissed vvell quoth I but vvhat is become of that euidence founde in Ireland vnder my Lords hand vvhich no man dare pursue auouche or behold GENTL Treulie said the Gentilman I am informed that it lyeth safelie reserued in good custodie to be brought furth and auovvched vvhen so ouer it shal please God so to dispose of her Ma. hart as to lend an indifferent eare asvvell to his accusers as to him self in iudgement Neither must you think that this is straunge nor that the thinges are fevv vvhich are in such sorte reserued in deck for the tyme to come euen amōg The deck reserued for Leycester great personages and of high calling for seing the present state of his povver to be such and the tempest of his tyrannie to be so strong and boisterous as no man may stand in the rage therof vvithout peril for that euen from her Ma. her self in the lenitie of her Princelie nature he extorteth vvhat he designeth either by fraud flattery false informatiō Leycester puyssant vyolence vvith the Prince her self request pretence or violent importunitie to the ouer-bearing of al vvhom he meaneth to oppresse No maruaile then though manie euen of the best and faythfullest subiectes of the land do yeeld to the present tyme and do keep silence in some matters that othervvise they vvould take it for duetie to vtter And in this kinde it is not long sithence a vvorshipful and vvise friende of myne tolde me a testimonie in secret from the mouth of as noble and graue a Councellor as England hath enioyed thes The Erle of Sussex his speech of the Erl of Leices manie hundreth yeares I meane the late L. Chamberlayne vvith vvhom my said friend being alone at his house in London not tvventie daies before hsi death conferred somvvhat familiarlie about thes and like maters as vvith a true father of his countrie and common vvealth and after manie complaintes in the behalf of diuers vvho had opened their griefes vnto Councellors and savve that no notice vvould be taken therof the said noble man turning him self somvvhat about from the vvater for he satte neare his pond syde vvher he beheld the taking of a pike or carpe said to my friend It is no maruaile Sir for vvho dareth intermedle him self in my Lords affaires I vvil tel yovv quoth he in confidence betvven you and me ther is as vvyse a man and as graue and as faythful a Councellor as England breedeth meaning therby The L. B●rghlei the L. Treasurer vvho hath asmuch in his keping of Leycesters ovvn hand vvriting as is sufficient to hang him if either he durst present the same to her Ma. or her Ma. do iustice vvhen it should be presented But indeed quoth he the time permitteth neither of them both therfore it is in vaine for anie man to struggle vvith him Thes vvere that noble mans vvordes vvherby you may consider vvhether my L. of Leicester be strong this daye in Councell or no and vvhether his fortification be sufficient in that place But novv if out of the Councell vve vvil turne Leycester povver in the country abrod but our eye in the countrie abrode vve shal finde as good fortification also ther as vve haue pervsed alredie in Court and Councell and shal vvel perceiue that this mans plot is no fond or indiscrete plot but excellent vvel grounded and such as in al proportions hath his due correspondence Consider then the chiefe and principal partes of this land for martial affaires for vse and commoditie of armoure for strength for opportunitie for libertie of the people as dvvelling farthest of from the presence and aspect of their Prince such partes I saye as are fittest for sudden entreprises vvithout daunger of interception as are the Northe the VVest the countries of VVales the Ilandes round about the land and sundry other places vvythin the same Are they not al at this day at his disposition are they not all by his procurement in the onelie handes of his friendes and allies or of such as by other matches haue the same complot and purpose vvith him Yorke Erle of Huntington In York is president the man that of al other is fittest for that place that is his nearest in affinitie his dearest in friendship the head of his faction open competitor of the Scepter In Barvvik is Captaine Barvvick The L. Hunsdē his vvyues vncle moste assured to him self Huntinghtō as one vvho at conuenient tyme may as much aduaunce their designementes as anie one man in England In VVales the chiefe authoritie from the Prince VVales Si● Hērie Sidney The Er. of Pēbrook The vvest Earle of Bedford is in his ovvn brother in lavv bu● among the people of natural affectiō is in the Earle of Penbrook vvho both by Mariage of his sisters daughter is made his allie and by dependence is knovven to be vvholie at his dispositiō The vvest parte of Englād is vnder Bedford a man vvholie deuoted to his the Puritanes faction In Irelād vvas gouernour of The L. Grey † Her Ma. as he saith for stricking of M. Fortescue called him lame vvretch that gryeued h●m so for that he vvas hurt in her seruice at Lyeth as he said he vvould liue to be reuenged late the principall instrument appointed for their purposes both in respect of his heat and affection tovvard their
it is a general and common The rule of thirds rule of lavv that the vvyfe after the decease of her husband shal enioy the thyrd of his landes but yet the Queene shal not enioye the third parte of the Crovvn after the kings death as vvel appeareth by experience and is to be seene by lavv Anno. 5. 21. of Edvvard the third and Tennant by courtisie Anno. 9. 28. of Henrie the sixte Also it is a common rule that the husband shal hold his vvyues lands after her death as tennaunt by courtisie duringe his life but yet it holdeth not in a kingdom In like maner it is a general and common rule Diuision among daughters that if a man die seased of lād in fee simple hauing daughters and no sonne his landes shal be deuided by equal portions among his daughters vvhich holdeth not in the Crovvn but rather the eldest daughter inheriteth the vvhole as if she vvere the issue male So also it is a common rule of our lavv Executours that the executour shal haue al the goodes and chattels of the testatour but yet not in the Crovvn And so in manie other cases vvhich might be recited it is euident that the Crovvn hath priuiledge aboue others and can be subiect to no rule be it neuer so general except expresse mention be made therof in the same lavv as it is not in the former place and a statute alleaged but rather to the contrarie as after shal be shevved ther is expresse exception for the prerogatiue of such as descend of Royal blood Their second reason is for that the demaund or The secōd reason title of a Crovvn cannot in true sense be comprehended vnder the vvordes of the former statute forbidding Aliens to demaund heritage vvithin The Crovvn no such inheritaunce as is meant in the statute the alegiaunce of England and that for tvvoe respectes The one for that the Crovvn it self cannot be called an heritage of alegiaunce or vvithin alegiaunce for that it is holden of no superior vpon earth but immediatelie from God him self the seconde for that this statute treateth onlie and meaneth of inheritaunce by discēt as heire to the same for I haue shevved before that Aliens may holde lādes by pourchase vvithin our dominion then say they the Crovvn is a thing incorporat descēdeth not according to the cōmon course of other priuate inheritaunces but goeth by succession as other incorporations do In signe vvherof it is euident The Crovvn a corporation that albeit the king be more fauoured in al his doinges then anie common person shal be yet cannot he auoide by lavv his grauntes and letters patentes by reason of his nonage as other infantes common heires vnder age may do but alvvayes be said to be of ful age in respecte of his Crovvn euen as a Prior Person Vicare Deane or other person incorporat shal be vvhiche cannot by anie meanes in lavv be said to be vvithin age in respect of their incorporations VVhich thing maketh an euident difference in our case frō the meaning of the former statute for that a Prior Deane or Person being aliens and no denizens might alvvayes in tyme of peace demaund landes in England in respect of their corporations notvvythstanding the sayd statute or common lavv against aliens as apeateth by manie boke cases yet extant as also by the statute made in the tyme of K. Richard the secōd vvhich vvas after the foresaid statute of king Edvvard the third The third reason is for that in the former statute The third reason it selfe of K. Edvvard ther are excepted expreslie frō this general rule INFANTES DV ROY that is the The Kīgs issue excepted by name kings ofspring or issue as the vvord INFANT doth signifie bothe in Fraunce Portugale Spaine and other countries as the latin vvord liberi vvhich ansvvereth the same is taken commonlie in the L. liberorum F. de verb sign Ciuil lavv Neither may vve restreine the french vvordes of that statute INFANTES DV ROY to the kings childrē onlie of the first degre as some do for that the barraynnes of our lāguage doth yeld vs no other vvorde for the same but rather that therby are vnderstood as vvel the nephevves and other discendantes of the king or blood Royal as his immediate children For it vvere both vnreasonable and ridiculous to imagine that K. Edvvar● by this statute vvould goe about to disinherit hi● ovvn nephevves yf he shoulde haue any borne ou● of his ovvn aleagiaunce as easilie he myght a● that tyme his sonnes being much abrode from England and the blacke Prince his eldest sonne hauing tvvoe children borne beyonde the seas and consequentlie it is apparent that this rule o● Maxima set dovvn against Aliens is no vvay to be stretched against the descendantes of the king or of the blood Royal. Their fourth reason is that the meaning of king The fovvrth reason The kīgs meaning Edvvard and his children liuing at such tyme as this statute vvas made could not be that anie of their linage or issue might be excluded in lavv from inheritaunce of their right to the Crovvn by their forreine byrth vvhersoeuer For othervvise it is not credible that they vvould so much haue dispersed their ovvn bloode in other countries as they did by giuing their daughters to straungers and other meanes As Leonel the The matches of England vvyth forreyners kinges third sonne vvas married in Millan and Iohn of Gaunte the fourth sonne gaue his tvvoe daughters Phylippe and Katherine to Portugal Castile and his neipce Ioan to the king of Scottes as Thomas of VVoodstock also the yongest brother married his tvvoe davvghters the one to the king of Spain and the other to the Duke of Brytane VVhich no doubt they being vvyse Princes and so neere of the bloode Royal vvould neuer haue done yf they had imagined that herebie their issue should haue lost al clayme and title to the Crovvn of England and therfore it is moste euident that no such barre vvas then extante or imagined Their fift reasō is that diuers persons borne out The fifte reason Exāples of forreiners admitted of al English dominion and aleagiaunce both before the conquest and sithence haue bene admitted to the succession of oure Crovvne as lavvful inheritours vvythoute anie exception againste them for theyr forreyne byrthe As before the conquest is euident in yong Edgar Etheling borne in Hungarie and thence called home to inherit the Crovvn by his great vncle king Edvvard the Confessor vvith ful consent of the vvhole Realm the Bishop of VVorcester being sent as Ambassador to Flores hist An. 1066. fetch him home vvith his father named Edvvard the ovvtlavve And since the conquest it appeareth plainlie in kinge Stephen and kinge Henrie the seconde bothe of them borne out of English dominions and of Parentes that at their birth vvere not of the English alleagiaunce and yet vvere they both