sufficient to satisfie euery honest and indifferent persone and able to persuade all such as are not obstinatly bent to their own partiall affections or not gyuen ouer to some sinister meanyng and factiouse dealing TO THE NOBILITIE AND people of England and Scotland A Poesie made by T. V. Englishman Dravve neare vvith heedfull eyes this booke peruse VVho that desires assuredlie to knovve Those iust decrees that English people vse For rightfull heyres to whom the Croune dothe grovve VVith gloriouse Rases of so riche a soyle And golden bondes of most assured peace VVhiche after vvarres and many a bloodie broyle Hath long time lasted and dothe still encrease By Henries vvyfe vvhom Stories seuenth doe name From vvhose renoumed stocke and princelie straine Marie novv present Quene of Scotland came And Iames her sonne as king to rule and raigne Vnder that Pole vvhiche vve the Northern call This ladie by her predecessors right Dothe looke the Englishe Croune to her shall fall Vertue to defend and people by her Might To guyde in peace vvhen Henries heyres are dead VVhiche vvas the eight in great renoume of late For then vvith right pretence vvho can procede To gayn saye her and spoyle her of her state And right to beare the svvaye in Englishe land But lest the simple man should grovve in doubt VVhat lavve allovves her for their heyr to stand Lesley vvell knovveing all the cause throughout As one that loues his Quene and common peace By busie toyle hathe brought this thing aboute And dothe his best to make false practise cease You Britaine 's therfore vvith attentiue heede Dravve neer and reape the croppe of this his seede Esteme his vvorke and vveighe his vvarninges vvyse That telles the truthe still one in vvoorde and mynde Regarde the right of her vvho once may ryse And rule in state your Quene to heauens resigned That onlie Realm is in most happie state VVhiche beares no Tyrannes rule nor blody band And whose renowmed Prince doeth euell hate And rules in peace the people of her land A TREATISE TOVVCHING THE RIGHT TITLE AND interest asvvell of the most excellent Princesse Marye Queene of Scotland as of the most noble Kyng Iames her Graces sonne to the succession of the Croune of England And first touching the Genealogie or pedegrue of suche Competitors as pretend title to the same Croune A DECLARATION OF THE TABLE folovveing touching the rase progenie of suche persones as descēding from the Princely families of Yorke and Lacastre doe eyther Iustlye clame or vniustlye aspire vnto the Croune of England set foorthe for this speciall intent that all men may clearlye see as by a plain demonstration and by the best proofe that can be of a true and laufull succession hovv the most Graciouse Princesse Marye Queene of Scotland and from by her the most noble King Iames the sixt of that name her Graces sonne ought Iustlye to barre all others contending to intrude them selues into the Royal Throne of the Realme of England before their time CERTAINE IT IS Queene of Scots right heir apparent of the Croune of England and assuredlie tried and knowen to all men that after the decease of Elizabeth now Queene of England without laufull yssue of her bodie the Soueraigne Gouernement of that Realme by right and iust title of a laufull succession is to remayn and come to Marie the most noble Queene of Scotland and from her to the sayd Kyng Iames. And this is suche an vndoubted truthe as the Aduersaries them selues are not able to denye it yf they will cast away all partiall affection of priuate quarrelles and sincerely discouer their owne consciences For A vvomā may haue the kingdome of England to let passe as sufficiently by others aunswered and clearly confuted that absurde paradox heretical assertion blowen abrode by vndiscrete and seditiouse libells against the regiment of women I make this full accoumpt and reckening as of a thing most clearly knowne and confessed in the hartes and myndes of euery true English man and as agreable with the lawes of God and nature that for default of heyr male inheritable to the Croune of England the next heir female in an ordinary course of inheritance succession is to be inuited called to the laufull possession of the Croune And that aswell by the auncient common lawe and custome of England yet in force as also by the Statutes and actes of Parliaments of that Realm and by the vsuall construction and continuall practise of the same In like manner it is euident and playne that the right noblye renoumed Princesse of famouse memorye Lady Margaret some tyme Queene of Scotland eldest daughter of the seuenth Henry King of England and of his most noble wyfe Queene Elizabeth the vndouted heir of the howse of Yorke was maried to Iames King of Scotland the fowerth of that name by whome she had one only sonne called king Iames the fift that the said most excellent Princesse Marye now Queene of Scotland is the sole daughter of the same King Iames the fift VVherupon it falleth owt that after the decesses of the heirs males of the bodies of the sayed kyng Henry the seuenth and Queene Elizabeth his sayd wyfe whithout laufull issue of their bodies then the right title and interest to the Croune of England ought to descend Margaret King Hēry the seuenth his eldest daughter graundmother to the Scottish Queene and come by a laufull course of inheritaunce and succession first before all others to the sayd most gracious Lady Marie Queene of Scotland as next heir in a laufull descent from her sayd graundmother the sayd Queene Margaret eldest daughter of the sayd King Henry the seuenth and of Queene Elizabeth his sayd wyfe Now this is a briefe narration of suche an vndoubted truthe as should nede no further explication if men were deuoutlye inclined to credit a truthe But because some men are by ambition so blynded caried away with their own phantasies as they mynd nothing more than with cōtentiouse quarrelles to obscure and deface this matter I must fet a further course and though the thing be playn enough of it selfe yet must it be delated with a larger discourse of many proofes experimentes and examples to the intent that all those Competitors and Chalengers whiche oppose them selues against her Maiesties right albeit of them selues they will not yeeld to reason may neuerthelesse be so conuinced and daunted as they shall haue nothing left to gaynsaye when the truthe of the cause shal be clearlye reuealed and sincerely layd open to the vewe of Princes and people of all nations Fyrst therefore I will set downe a Genealogie The argumēt of this vvorke and Pedegrue of the Kinges of England And I will deriue the same frome king Edward the thirde And so frome the most noble houses of Yorke and Lancastre in manner of an historie vntil these our dayes Then will I duelie examin suche argumētes as the Competitours
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
is set foorth VVherein it may appearo at first sight how by the Mariage of King Henry the seauenth and Queene Elizabeth his wyfe the vndoubted title of that Croune was shut vp in them two in their issue How they lost but thre children hauinge yssue to witt King Henry the Eight Margaret their eldest daughter wyfe of Iames the .4 King of Scot. And mary wyfe of Charles Duke of Suffolk And that after the decesses of K. Henry the .8 and of his issue the right of succession of the said Croune is to remayn to the yssue of the sayd Margaret before all others And that is to the most gracious Lady Mary now Queene of Scotland and from and by her to the sixt King Iames of Scotland her Graces most noble sonne To the wellwilling Reder Here thou haist wellwilling Reder the cōtinuall Rase processe of Succession of the triumphāt Croune of England set forth before thy eyes not so muche thereby to gratifye my vndoubted Soueraignes as to dissolue all doubtes touching the laufull succession of that Croune to shew some aduise for the dignitie peace and weale publique of the whole yle of Britaine to the ende that all matter of sedition may be extinguished Farewell and take in good parte this my trauail IOHN LESLEY Byshop of Rosse VVilliam Duke of Normandie subdued and slewe in battail at hay stinges Herold the vsurpor in the yere of our lorde 1066. and obteined the kingdome to hym selfe whose posteritye hath enioyed the same till this daye 1. Kyng VVilliam Conquerour 2. Kyng VVilliam Rufus 3. Kyng Henry 1. Maried to Maude daughter of Malcom 3. K. of Scot. Maude daughter of Henry .1 maried to Henry .5 Emperour first husband of Maude Geoffrey Plātagenet second Husband of maude 5 King Henry 2. sonne of maude by G. Pl. 6. Kyng Richard 1. Called cuer de Lyon 7. Kyng Iohn Ioan wyfe of Alexāder .2 Kyng of Scotlād Alexander 2. Kyng of Scotland Alexander 3. Kyng of Scotland 8. Kyng Henry the third The house of Lancastre Edmond Erle of Lancastre Henry Erle of Lancastre Henry Duke of Lancastre Blāche heir of Henry D. of Lancastre vvife of Iohn of Gaunt Margaret wyfe of Alexāder .3 Kyng of Scotland 9. Kyng Eddward the first 10. Kyng Edward the second maried to Isabel daughter of Philip le beau Kyng of France Ioan wyfe of Dauid de bruise king of Scotlād Dauid de bruise Kyng of Scotland 11. King Edward the thyrd Iohn of Gaunt D. of Iāc in right of his wife Philip wyfe of Iohn 1. Kyng of Portugal Edward Kyng of Portugal The line of Poratugl Ferdinand Emanuel Kyng of Portugal Isabel the eldest daughter of Emanuel and vvife of Charles 5 Emper. Philip Kyng of Spayn D. Iames. D. Philip. Eleonor wyfe of Frederik Emperour Maximilian .1 Emperour Philip king of Castill in right of his wife Catharin wyfe of Henry .3 Kyng of Castil The lyne of Castil Iohn Kyng of Castil Elizabeth heyr of Castil vvyfe to the Kyng of Aragon Iohn Quene heir of Castil wyfe of Philip. Charles .5 Emperour and kyng of Spayn Ferdimand Emperour and Archeduke of Austriche Maximilian Emperour Archeduke of Austriche Mary daughter of Charles and vvife of Maximillam Emperour Rudolphe Emperour archeduke of Austriche Anne wife of Philip kyng of Spayn 13. Kyng Henry the foworth 14. King Henry the fift 15. King Henry the sixt Edward Iohn Erle of Somerset Ioan wyfe of Iames .1 king of Scotland Iames .1 Kyng of Scotland The lyne Iames .2 Kyng of Scotland Iames .3 Kyng of Scotland Iames .4 king of Scotland maried to Iohn Duke of Somerset Margaret maried to Edmond Erle of Richemōd 19. Kyng Henry the seauenth maried to Margaret first maried to King Iames 4. and after to Of Scotland Iames .5 Kyng of Scotland Marye Queene of Scotlād maried to Archebald Erle of Angus secōd husbād to Queene Margaret Margaret wyfe of Mathew Erle of Leneux Henry Stuart second husband of Mary Queene of Scotland Iames .6 Kyng of Scotland Mathew Stuart Erle of leneux Charles Stuart maried to Elizabeth Canendish Arbella 20. King Henry the eight 21. king Edward the sixt 23. Queene Elizabeth 22. Queene Marye Edward called the blacke prince 12. King Richard the second Lionel Duke of Glarence Philip maried to Edmōd mortimer Erle of marche The house Edmond of langley Duke of Yorke Richard Erle of Cambridge maried to Anne mortimer Anne mortimer maried to Richard Erle of cambringe Roger mortimer and Eleonor hys sister died vvithout yssue Rogermor timer .4 Erle of marche Edmond mortimer .5 Erle of marche died without isse of Yorke Richard Plantagonet Duke of Yorke 18. King Richard the third Edward dyed without issue George Duke of Glarence Margaret Countise of Sarisbury maried to R. Pole Reinald Pole Cardinal and Geffrey Pole Henry Pole Baron of Montague The house of huntingdon VVenefride wyfe of Barington knight Catharin maried to Frācis Erle of hūtingdon Henry Erle of huntingdon George hastings others Arthur Pole Mary wyfe of Iohn Stannay Margaret wyfe of tho fitzherbert 16. kyng Edward the fowerth Elizabeth maried to king Henry the seuenth The howse of Suffolke Mary daughter of K. Henry 7 maried to Charles Duk of Suffolk Francise wyfe of marques dorcet 1. Iane wyfe of Guilford dudley 2. Catharin Henry sonne of Catharin by the Erle of hereford Edward 3. Mary Eleonor maried to George Erle of cūberlād Margaret maried to the Erle of darby Ferdinand VVillyam Francis 17. Kyng Edward the fyft Adela wife of Stephan Erle of Bloys 4. Kyng Stephan A FVRTHER PROOFE OF THE SAYD TITLE OF SVCCESSION VVITH A RESOLVTION OF the obiections of the Aduersaries VVE SAY THEN and affirme that the next right Heire Successour apparent vnto the Croune of the Realme of England is at this time suche a one as for the excellent guiftes of God and nature in her most princely appearing is worthie to inherit either that noble Realme or any other be it of much more dignitie and worthines But nowe I clame nothing for the worthines of the persone whiche God forbid should be any thing preiudiciall to the iust title of others Yf most open and manifeste right iustice and title do not concurre with the woorthines of the persone then let the praise and woorthines remaine where it is and the right where God and the lawe hath placed it But seing God Nature and the lawe doth call the person to this expectation whose interest and clame I do now prosequute I meane my vndouted soueraine Ladye Marye Queene of Scotlande I hope that when her right and iuste title shal be throughly heard and considered by the indifferent Reader if he be persuaded already for her right he shal be more firmelye setled in his true and good opinion and that the other parties being of a contrarie minde shall finde good causes and groundes to remoue them from the same and to geue ouer and yelde to the truthe Her Graces Title then as it is
eight imprisoned in the Tower of london where he remayned many yeres till the death of king Edward the sixt At whiche time that patterne of singular clemencie Queene Marie dyd not only delyuer hym but also restored hym to his auncient estate of blood and dignitie This yong noble man afterward dyed without issue at Padua in Italie but if he had liued he might with best right haue claimed the Croune of England after the issues of king Henry the seuenth and Queene Elizabeth his wyfe had bene extinguishhed In this Courtney now deceased the progenie of King Edward the fowerth had bene determined as concerning the streight line if the ofspring of king Henry the seuenth and Quene Elizabeth his wyfe were not yet liuing But if that at any tyme faile then must they seke for an heyr in the collateral line Therfore it is to be noted The collaterall lyne of the succession that the before mentioned Richard Plantagenet Duke of York which was slayn by Henry the sixt in the battail of wakefeild and of whose progenie we now speake had three sonnes to witt king Edward the fowerth George Duke of Clarence and Richard Duke of Glocestre Now then for default of issue in lineal descent from Edward the eldest brother we must haue recourse as is before sayd vnto the collateral descent that is to George Duke of Clarenee the second brother and to his succession For to speak any more of Richard the yongest brother whiche dyed without issue it were superfluouse George then duke of Clarēce yonger brother to Edward the fowerth had by his vyfe Isabell Countesse of VVarwik and Sarisbury two children to witt Edward and Margaret This George vpon suspition of treason to affect the kyngdome was by kyng Edward his brother priuilye put to deathe And his sonne Edward being but a child emprisoned in the Tower of lond where he was deteined vntill at last vpon lyke surmise kinge Henry the seuenth stroke of his head But the sayd Lady Margaret Countesse of Sarisburie was maried to Sir Richard pole knight by whom she had diuers sonnes to wytt Henry Arthur Geffray Reinald the same which afterward for his rare vertues and singular wisdome and learning was aduaunced to the dignitie of a Cardinal Cardinal Pole and called Cardinal Pole Henry the eldest brother to omitt the rest had two daughters Catharin Pole the elder sister whiche was maried to Francise Hastinges Erle of Huntingdon and VVenefride the yonger sister Of whiche VVenefride there is no nede to speak any more because there is yet liuing descended of the sayd Ladye Catharin a plentifull generation Thus it is euident and very playn that whan the lineal descent in bloode from king Henry the seuenth and Queene Elizabeth his wyfe shall fayle then must the right of the white Rose that is to saye of the house of Yorke whiche dyd spring of king Edward the fowerth be transplanted and be deriued by a collateral lyne from George Duke of Clarence vnto the house of the Poles and so vnto the house of haftings or Hūtingdon Yet is there an other braunche sprong out of the same stock The novv Emperor and King Philip are descended from King Edvvard the third I mean from Edward the third in a long course of descent And that is Philip the king Catholique of Spayn descended from Iohn of Gaunt Duke of Lancastre third sonne of king Edward the third For the sayd Iohn of Gaunt had two daughters Philipp and Catharin This Ladye Philipp was mother to Edward king of Portugal of whome all other the kings of Portugal sithince that tyme till this day are descended This Edward king of Portugal was father to Eleonor the Emperesse whiche was mother to Maximilian the Emperor father to Philipp king of Castil father to that most victoriouse Emperour Charles the fift father to the most prudent Prince Philipp the King Catholik of Spayn now raigning to the most graciouse Ladye Marie mother to Rudolphus now Emperour But no to omitt any thing which apperteyneth to the Royall succession I think it good to adde a word or two touching the Lady Margaret Duglasse Aunt that is to saye sister to the father of my Soueraign Lady now Queene of Scotland her mean whiche was maried to the Erle of Leneux a mariage verie plausible to king Henrye the eight or he indued her with great possessiōs in England this Ladye Margaret had by the sayd Erle two sonnes Henry and Charles Atferward the same Henry went in to Scotland to visit his father and sing in the Court there a comely yong gentlemā verie personable and of great expectation fownd suche fauour in the sight of that most Gratiouse Queene of Scotland as her Maiestie created hym Duke of Albanie Erle of Rosse And there withal she made a speciall choyse of hym to be her husband thynking therby that because he was born and brought vp in England her right and title might be more fortifyed and all surmised defectes supplied yf any thing there were that coulde be obiected against her Maiestie After this Mariage betwene that most noble Queene and the sayd Henry was solemnized and consummate her Grace had by hym a sonne my said Soueraign now king of Scotland called Iames the sixt A noble Prince of heroical towardnesse and of the best hope the vndoubted laufull heir of that most gratiouse Queene representing allwayes from his infancie a liuely Image of his mother and of her beautie vertues and graces Thus muche in few woordes concerning the succession of the Croune of England and of those persones which clame any interest therein But to the ende that all thinges may be more perfectlye discerned I haue caused to be sett downe in a table hereunto annexed all the degrees of descents both lineal and collaterall from king Edward the third from whome eyther of those two families of York Lancastre doe take their begynning In whiche table the whole order and processe of that noble stocke hanging together in a continuall course of succession may most easily appeare at the first sight Here is to folowe a Table of the sayd Genealogie A table of the Rase and progenye of suche persones as descending from the princely families of Yorke Lācastre doe eyther iustly clame or ambytiously couet the title of successiō to the Croune of Englād VVhere by all men may see by what right and in what course eache of the yssues of King Henry the seauenth and Queene Elizabeth his wife are to be orderly called to the Croune of that Realme A genealogie of the Kinges of Englād from VVilliam Duke of Normandie called VVilliam the cōquerour vntill this present yere of our Lorde 1584. VVhereas some persones ambitiouslie coueting the Croune of England doe practize sinisterly to discredit the right title of the laufull heyres and seke priu ilye to aduaunce I knowe not what new titles of their owne creation Therefore to remoue all scruples that hereupon may growe this table
the woord nepos A nephevv that is to say a sonnes sōne or daughters sonne though not by the propertie of the voice or speache L. Filius de S.C. Maced L. Senatus de ritu nupt L. quod si nepo tes ff test cū notatis ibid. Infantes in Frenche coūtervaileth this vvorde liberi in lat yet by interpretation admittable in all suche thinges as the lawe disposeth of And as touching this word Infants in French we say that it reacheth to other descēdantes as well as to the first degree VVherein I do referre me to suche as be expert in the saide tongue There is no worde in English for the barennes of that tongue to coūterpaise the said French word Infantes or the Latin word Liberi Therefore doe they supply it as wel as they may by this worde Children The Spaniardes also vse this worde Infantes in this ample sense when they call the nexte heire to the heire apparent Infant of Spaine euen as the late deceased Lord Charles of Austrich was called his father grandfather then liuing Yf then then the original woord of the statute declaring the said rule may naturally properly apperteine to all the Descendants why should we straine and bynde it to the first degree only otherwise than the nature of the worde or reason will beare For I suppose verely The grand fathers call their nephues sonnes L. Gallus § Instituens ff de liber Et post I. ff C. de impub. Aliis substan c. 1. q. 4. Father and son cōpted in person flesh in maner one that it wil be very harde for the Aduersarie to geue any good substantial reason why to make a diuersitie in the cases But touching the contrarie there are good and probable considerations which shall serue vs for the second cause As for that the grandfathers call their nephewes as by a more pleasant plausible name not only their children but their sonnes also for that the sonne being deceased the grandfather suruiuing not only the grādfathers affection but also such right title and interest as the sonne hath by the lawe and by proximitie of blood growe and drawe al to the nephew who representeth and supplieth the fathers place the father and the sonne beinge compted in person and in flesh in manet but as one VVhy shall then the bare and naked consideration of the external and accidental place of the birth only seuer and sunder suche an entier inwarde and natural cōiunction Adde there vnto the many great absurdities that may hereof spring and ensue Diuerse of the kinges of the Realme of Englād as well before the time of King Edwarde the third in whose time this statute was made as after him gaue their daughters out to foraine and sometimes to meane Princes in mariage Great absurditie in excluding the true right successour for the place of his birth onely VVhich they would neuer so often times haue done if they had thought that whyle they went aboute to set fotth and aduaunce their issue their doinges should haue tended to the disheriting of them from so great large and noble a Realme as that is whiche might haue chaunced if the daughter hauing a sonne or daughter had died her father liuing For there should this supposed Maxime haue ben a barre to the childrē to succede their grandfather This absurditie would haue bene more notable if it had chaunced about the time of Kinge Henry the second or this King Edward or King Henry the firste and sixte when the possessions of the Croune of that Realme were so amply enlargid in other Countries beyond the seas And yet neuer so notable as it might haue bene hereafter in our fresh memorie and remēbrance if any such thing had chaunced as by possibilitie it might haue chaunced by the late mariage of King Philippe and Queene Marie For admitting their daughter maried to a foraine Prince should haue dyed before them she leauing a sonne furuiuing his father and grandmother they hauing none other issue so nigh in degree then would this late framed Maxime haue excluded the same sonne lamentably and vnnaturally from the succession of the Croune of Englande and also the same Croune from the inheritance of the Realmes of Spain of both Sicilies with their appurtenances of the Dukedom of Milan and other landes and Dominions in Lumbardy and Italie as also from the Dukedomes of Brabant Luxemburg Geldres Zutphan Burgundie Friseland from the Countreies of Flādres Artois Holland Zealand Namurs and from the new found lands parcel of the said kingdome of Spaine VVhich are vnlesse I be deceiued more ample by dubble or treble than all the Countreies now rehearsed Al the whiche Countreies by the foresaid Mariage should haue bene by al right deuolued to the said sonne if any such child had bene borne If either the same by the force of this iolie new found Maxime had bene excluded from the Croune of England or the saide Croune from the inheritance of the foresaid Countreies were there any reason to be yelded for the maintenance of this supposed rule or Maxime in that case Or might there possibly rise any commodity to the Realme by obseruinge there in this rigourous pretensed rule that should by one hundred part counteruaile this importable losse and spoile of the Croune and of the lawfull inheritour of the same But perchāce for the auoiding of this exceptiō limited vnto the blood roial some wil say An euasion auoided pretending the priuilege of the Kīgs children not to be in respect of the Croune but of other lādes that the same was but a priuilege graunted to the kinges children not in respect of the succession of the Croune but of other landes descending to them from their Auncestours VVhiche although we might very well admit allowe yet can it not be denied but that the same priuilege was graunted vnto the Kinges children and other descendantes of the Blood royall by reason of the dignitie and worthines of the Croune whiche the King their father did enioy and the great reuerence whiche the lawe geueth of dewtie therevnto And therefore if the aduersaries would go about to restraine withdraw from the Croune that priuilege which the law geueth to the kings childrē for the Crounes sake they should doo therein contarie to al reason against the rules of the Arte of Reasoning which saith that Propter quod vnumquodque illud magis Beside that I would faine knowe by what reason might a man saye that they of the Kinges Blood born out of the allegeance of England may inherite landes within that Realme as heires vnto theyr Ancestours and yet not to be able to inherite the Croune Truly in mine opiniō it were against all reason But on the contrarie side the very force of reason muste driue vs to graunt the like The royall blood beareth his honour vvith it vvhereso euer it be Yea more great and ample priuilege and benefit of the lawe
in the succession of the Croune For the Roial blood where so euer it be found will be taken as a pretious and singular Iewell and will carie with it his worthie estimation honour with the people and where it is dew his right withall Vide Anto CorsetuÌ„ de potest et excell regi q. 100. By the Ciuill lawe the right of the inheritance of priuate persones is hemmed and inched within the bandes of the tenth degre The Blood Roial runneth a farther race so farre as it may be found therfore the great mightie Conquerors are glad faine to ioyne in affinitie with the blood Roial OoÌ„querors glad to ioine vvith the royall blood Henry the first euer fearing the weaknes of their owne bloddie sworde in respect of the greate force and strength of the other For this cause was Henrie the firste called for his learning wisedome Beauclerke glad to consociate and couple him selfe with the auncient Roial blood of the Saxons whiche continueing in the Princely succession from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and reunited From this Edward my sayd souueraine ladie the Queene of Scotland taketh her noble auncient Pedegrue These then and diuers other reasons causes mo may be alleaged for the weighing setting foorth of the true meaning and intent of the said law Now in case these two causes and consideratioÌ„s will not satisfie the aduersaries we wil adioine there vnto an other whiche they shall neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward VVe stand vpon the interpretation of the common law recited and declared by the said statute L. fin ff de legibus how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the law is custome Common vse and practise the best interpretation of the lavve EodeÌ„ anno Rex cuÌ„ in diebus suis processisset AeldreduÌ„ VigornenseÌ„ EpiscopuÌ„ ad RegeÌ„ Hungariae transmittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota familia sua vt vel ipse ver filii eiê° sibi succederent in regnum Flor. histo 1057. But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and suche as were plainely borne out of the kinges allegeance The foresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other king Eduard the Confessour being destitute of a lawful Heire whithin the Realme sent into Hungary for Edward his Nephew surnamed Out law son to king EdmuÌ„d called Ironside after many yeres of his exile to returne into England to the intent the said Outlaw should inherite that Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the sayd king Edward his Vncle. After whose death the said king appointed Eadgar Adeling sonne of the said Outlaw being his next cosen to be his heire as he was of right to the Croune of England And for that the said Eadgar was but of yong and tender yeres and not able to take vpon him so great a gouernement the said king committed the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to welde the state of a king Flor. bislo 1066. Aelredus Regional leÌ„f de reg AngloruÌ„ ad Regem Henr. â— VVhich Harold neuerthelesse contrary to the trust supplanted the said yong Prince of the kingdome and put the Croune vpon his owne head By this it is apparent that foraine birth was not accoÌ„pted before the time of the Conquest to be a iust cause to repel and reiect any man beinge of the next proximitie in blood from the Title of the Croune And though the said king Edward the Confessors will and purpose tooke no suche force and effect King Stephen and King H. 2. as he desired and the lawe craued yet the like succession tooke place effectuouslye in king Stephen and king Henry the second as we haue already declared Neither will the Aduersaries shift of forainers borne of father and mother which be not of the kings allegeance The aduersaries fond imagination that H. 2. should come to the Croune by compositioÌ„ not by proximitie of blood Rex Stephanus omni haerede viduatus praeter soluÌ„ modo DuceÌ„ Henricum recognouit in conueÌ„tu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux Henr. ius haereditariuÌ„ iÌ„ regnuÌ„ Angliae habebat Et Dux benigne concessit vt Rex Stephanê° tota vita sua suuÌ„ RegnuÌ„ pacifice possideret Ita tamen confirmatuÌ„ est pactuÌ„ quod ipse Rex ipsi tunc praesentes cuÌ„ caeteris regni optimatibê° iurareÌ„t quod Dux Henr. post morteÌ„ Regis si illum superâ—iueret regnum sine aliqua coÌ„ntradictione obtineret Flor. histo An. 1153 The like fond imagination touching King Richardes nephevv Diuersitie of opinions touching the vncle nephue vvhetherof them ought to be preferred in the royall gouuernement help them forasmuche as this clause of the said statute is not to be applied to the kings children but to others as appeareth in the same statute And these two kings Stephen and Henrie the .2 as they were borne in a forain place so their fathers and mothers were not of the kings allegeance but mere Aliens and strangers And how notorious a vaine thing it is that the Aduersaries would perswade vs that the said King Henrie the second rather came in by force of a composition then by the proximitie and nearenes of blood I leaue it to euery man to consider that hath any maner of feling in the discours of the stories of that realm The composition did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right thereby than was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no children And no dout in case she had had any children by the Emperour they should haue ben heires by successioÌ„ to the Croune of England After whose death she retourned to her father yet did king Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and afrer her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat
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
farre hath Polidor Thees are woordes of great importance putte our matter clear out of doubt for here it appeareth that the case solemnlie in counceil by a wyse and prudent King with wise graue and learned Counseilours was debated and with great wisedome resolued concluded and to this some lawyers of that land gyue great authoritie credit Thus it is euidently declared who are the true heires of the Crounes of Englād Scotlād and that the sayd mariage of Iames the fowerth and the sayd Lady Margaret is to be accompted a most fortunate benefit to the whole Yland For if it be true as in dede it is that the mariage of the seuenth Kyng Henrie with the daughter and heir of King Edward the fowerth was to be estemed as a most happie cōmoditie to all England because it dyd cutt of and dissolue all those tumultes and seditions betwene the howses of Yorke and Lancaster which so many yeres had miserablie afflicted all that nation I pray you what reckening is to be made of the matrimonie betwene King Iames the fowerth of Scotlād the Ladye Margaret daughter to the King of England sithe nowe at last by the benefit of this mariage bothe England and Scotland may be quite reskewed and deliuered from those most mortall warres and intestine dissentions whiche for preheminence sake haue bene so long continewed and maintened A happie prince therfore to Englād was King Henry the seuenth for that by him allmightie God abolished all seditions and vnited the two howses of yorke and Lancastre But most fortunate most gratiouse shall the renowmed Quene Mary of Scotland be her most noble sonne king Iames also to the Englishe and Scottishe Nations yf by them two the same God shall bringe the said twoe seuerall kyngdomes to a perfect vnitie reduce the whole Yle of Britaine to his moste auncient estate of dignitie and deliuer it from all ciuill warres and Barbarous crueltie Embrace therfore ye Britaine 's of all mortall men most fortunat and take holde of this singular great benefit when the same by the grace of the euerliuing God shal be bestowed vpō yow and in the mean time euer yeeld ye to him most hūble most hartie thankes for that he of his infinite clemency and benignitie hath at last produced out of booth you bloodes a Prince by whose helpe your domesticall troubles and dissentions may be extinguished a place left for this diuine lawe of peace and amitie to be planted by the same law a soueraigne safetye and wellfare of all the people establyshed For the wellfare of the people consisteth 〈◊〉 in peace and concord But perpetuall peace and quyetnesse can not be among you except these two Realmes be combined and made all one For the force of vnitie is suche as the preseruation therof is the vtter moste ende that nature intendeth Herehence also groweth among men charitie loue frendshipp so farre that many mindes are become all as one first to remember that they must be truely menne in dede and then that they leade a good blessed lyfe whiche is the last ende and perfection of mankinde Sithe therfore the matter goeth so if you will folow God and the law of nature if you desire the safety and wellfare of your countrie yf you will liue well and fortunatlie in this world and at last enioie the perfect blesse of eternall felicitie you must enforce your selues with all labour industrie and diligence that this dispersed people may be called together vnder the regiment of one rightfull Prince and Catholique Religion of their auncestors This will please allmightie God and bring great tranquilitie peace quiet to your selues and to all the people of England Scotland and Yreland And that it maye so be lett vs all continuallie pray to almightie God the supreme gouernour ruler of the whole worlde Amen