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
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
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
Queene of Scotland to the succession of the Croune of England The obiections of the aduersaries touching the pretensed vvill of King Henry the eight are clearlie auoided The statutes of King H. 8. touching the succession of the Croune IT doth appeare by the said statute of .28 of king Henry the eight that there was authoritie geuen him by the same to declare limite appoint assigne the succession of the Croune by his Letters Patentes or by his last VVill signed with his owne hande It appeareth also by the foresaid statute made .35 of the said King that it was by the same enacted that the Croune of that Realme of England should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first sonne of his body betwene him and the Ladie Iane then his wife begotten for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten for defaut of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten for defaut of such issue vnto suche person or persones in remainder or reuersion as should please the said king Henry the eight and according to such estate and after such manner order and condition as should be expressed declared named and limited in his Letters Patentes or by his last VVill in writing signed with his owne hande By vertue of which said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last VVill in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Ladie Elizabethe to dye without issue of their bodies lawfully begotten then the Croune of that Realme of England should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and the eldest daughter of the French Queene And for the defaulte of suche issue to the heires of the body of the Ladie Eleonour his Neece second daughter to the French Queene lawfully begotten And if it happened the sayd Ladie Eleonour to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires VVherevpon the aduersaries do inferre that the succession of the Croune ought to go to the chyldren of the said Ladie Francis and to their heyres according to the sayd supposed will of the said king Henry the eight and not vnto Ladie Marie Queene of Scotlande that nowe is To this it is An ansvver to the foresaid statute on the behalf of my said soueraign Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the pretensed will with his own hand and that therfore the said will can not be any whit preiudicial to the said Queene The effect of the aduersaries arguments for the exclusion of the Queene of Scotlād by a pretēsed vvil of King H. 8. Against which answere for the defence and vpholding of the saide will it is replied by the Aduersaries first that there were diuers copies of his wil found signed with his own hande or at the least wise enterlined and some for the most part written with his owne hande out of the whiche it is likely that the original will commonly called King Henry the eightes will was taken fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the common wealth and for the auoiding of the vncerteintie of the succession he well liked vpon and accepted the authoritie geuen him by Parlament and signed with his owne hande the said originall will whiche had the said limitation and assignation of the Croune And these presumptiōs are the more enforced for that he had no cause why he should beare any affectiō either to the said Queene of Scotlād or to the Lady Leneux and hauing withal no cause to be greeued or offended with his sisters the Frenche Queenes children but to put the matter quite out of all ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the King who were present at the signing of the said VVill and subscribed their names to the same Yea that the chief Lordes of the Counsaile were made and appointed executours of the said VVill and that they and other had greate Legacies geuen them in the said VVill which were paid and other thinges comprised in the VVill accomplished accordingly There passed also purchases and Letters Patentes betwene King Edward and the executors of the said VVill and others for the execution and performāce of the same Finally the said Testament was recorded in the Chancerie VVherefore they affirme that there ought no manner of doubt moue any man to the contrarie and that either we must graunt this VVill to be signed with his hand or that he made no VVill at all bothe must be graunted or both denied If any will deny it in case he be one of the witnesses he shall impugne his own testimonie if he be one of the executours he shall ouerthrow the foundation of all his doinges in procuring the said will to be inrolled set forth vnder the great Seale And so by their dublenes they shall make them selues no mete witnesses Nowe a man can not lightly imagine how any other bysids these two kind of witnesses for some of them and of the executors were suche as were continually wayting vpon the kinges person may impugne this will and proue that the king did not signe the same But if any such impugne the will it would be considered how many they are and what they are it wil be very harde to proue negatiuam facti But it is euidēte say they that there was neuer any such lawful proofe against the said will producted For if it had ben it would haue bene published in the Starrechamber preached at Poules Crosse declared by Acte of Parlamēt proclamed in euerie quarter of the Realm Yea admitting say they that it were proued that the said pretensed will lacked the kinges hande yet neuerthelesse say they the very copies we haue spoken of being written signed or at least interlined with his owne hande may be saide a sufficient signing with his owne hande For seing the scope and final purpose of the statute was to haue the succession prouided for and asserteined whiche is sufficiently done in the said will and seing his owne hande was required but onely for eschewing euil sinister dealing whereof there is no suspicion in this will to be gathered what matter in the worlde or what difference is there when the king fulfilled and accomplished this gratiouse Acte that was loked for at his hādes whether he signed the wil with is owne hāde or no If it be obiected that the king was obliged and bound to a certaine precise order and forme which he could in no
purpose of the Parlament is satisfied for such causes as we haue and shall hereafter more largely declare And if it were otherwise true yet doth this only defect of the Kinges hand breake infringe the whole Acte VVhy the stampe can not counteruaile the Kinges hand in this case For this is a statute correctorie and derogatorie to the commō course of the lawe as cutting away the succession of the lawfull true inheritours It is also as appeareth by the tenour of the same a most greuouse penal lawe and therfore we may not shift or alter the wordes of the lawe Neither may we supply the manner and doing of the acte prescribed by any other act equiualent So that albeit in some other thing the Stampe or the Kinges certaine knowen consente may counterpaise his hande yet as the case standeth here it will not serue the turne by reason there is a precise order and forme prescribed appointed VVerfore if by a statue of a Citie Ioan Andr in adit specul tit derequisit consul ad finem there be certaine persones appointed to do a certaine acte and the whole people do the same acte in the presence of the said persones the acte by the iudgement of learned Ciuilians is vitious of no valewe yea though the reason of the lawe cease yet must the forme be obserued For it is a rule and a maxime that where the law appointeth prescribeth a certaine platforme L. Si fundus ff de rebus eorum c. de rebus Ecclesiae in 6. whereby the Acte must be bound and tyed in that case though the reason of the lawe ceasse yet is the acte voyd and naught And whereas the Aduersaries obiecte against this rule the Parlamentes made by Queene Marie An ansvvere to the aduersaries touchinge Actes of Parlament alleaged to proue that the Kinges ovvne hād vvas not necessarie to the supposed vvil without the vsual style called somoned this obiection may sone be answered For it may sone appeare to all them that reade and pervse the said statute of Anno 35. Henrici octaui conteining the said style that by any especial words therin mētioned it is not there limited appointed that the forme of the style therin sette foorth should be obserued in euery writ And therfore not to be compared vnto the said statutes of 28. and 35. Henrici octaui wherein by special wordes one expresse forme order for the limiting of the succession of the Croune by the King is declared and set forth Bysides that the said writtes being made both according to the auncient forme of the Regester and also by expresse commaundement of the Prince vtterly refusing the said style could neither be derogatorie to the said Queenes Maiestie and her Croune nor meaning of the said statute Cōcerning the said style and for a final and ful answere vnto this matter it is to be noted that the writtes being the Actes of the Court though they want the prescript forme set foorth either by the cōmon law or statute yet are not they nor the iudgements subsequent ther vpon abated or void but only abatable and voidable by exception of the partie by iudgemēte of the the Court. 18. E. 3. fo 30. 3. H. 4 fol. 3. 11. 11. H. 4. fol. 67. 9. H. 6. fol. 6. 19. H. 6 fo 7. 10 35. H. 6. fo 12. 10. H. 6. fol. 16. 3. H. 6 fo 8. 33. E. 3. fo 13. Vide Prisot 33. H. 6. fol. 35. For if the partie without any exceptiō doe admitte the forme of the said VVritte and pleade vnto the matter whervpon the Court doth procede then doth the VVritte the iudgement there vpon following remanine good and effectual in lawe And therefore admiting that the said statute of 35. H. 8. had by speciall wordes appointed the said style to be put in euery VVritte and that for that cause the said VVritts of Somons were vitious wanting their prescript forme yet when the parties vnto the said VVrittes had admitted them for good both by theyr election and also by their appearence vpon the same the lawe doth admit the said VVrittes al actes subsequent vpon the same to be good and effectuall And yet this maketh no prooffe that therfore the said supposed will wanting the prescript order fourme should likewise be good and effectual in lawe For as touching specialties estates and conueiances or any other externall acte to be done or made by any person whose forme and order is prescribed either by the common lawe or by statute 9. H. 6. fol. 35. 35. H. 6. fo 34. 40. E. 3. fol. 2. if they want any part of their prescript forme they are accompted in law to be of no validitie or effect As for example the lawe doth appoint euery Specialtie or Deede to be made either in the first persone or in the third persone Therefore if parte of a Deede be made in the first person and the residue in the third person that Deede is not effectual but void in the Law Bysides that the lawe hath appointed 40. E. 3. fol. 35. 21. E. 4. fo 97 7. H. 7. fo 15. that in euery Deede mentioned should be made that the partie hath put to his Seale to the same If therfore any Deede doth want that special clause and mention although the partie in deede hath put his Seale vnto the same yet is that Dede or Specialtie void in law So lykewise the lawe geueth authoritie to the Lord to distraine vpon the land holden of him for his rentes seruices due for the same And farther doth appoint to carie or driue the same distresse vnto the pound there to remaine as a gage in lawe for his said rentes seruices 9. E. 4. fol. 2. 22. E. 4 fo 47. 29. H. 6. fo 6. 29. lib. Assis P. 64. If the Lord shal either distraine his Tenant out of his Fee or Seignory or if he shal labour and occupie the Chatles distrained the distresse so taken by him is iniurious wrōgful in law forasmuch as he hath not done according to the prescribed order of the lawe The statute made An. 32. H. 8. geueth authoritie vnto Tenant in taile and to others being seised of land in the right of their wiues or Churches to make leases of the same VVherin also a prescript order and forme for the same is set foorth If any of the said persons shal make any Lease wherin he doth not obserue the same prescribed order in all pointes the same lease is not warranted in any point by the said statute Likewise the statute made in Anno 27. 27. H. 8. 6. 10. Henrici octaui of Bargaines and sales of land appointeth a forme and order for the same that they must be by writing indented sealed and enrolled within six monethes next after the dates of the same writings If any bargaine and sale of land be made wherein any of the thinges appointed by the said
A TREATISE TOVVCHING THE RIGHT TITLE AND INTEREST OF THE MOST excellent Princesse 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 An 1584. All Britaine Yle dissentions ouer past In peace faith will growe to one at last Encrease of blesse expected long In Britain was begonne VVhen suche a mother dyd bring foorth VVith so good happe a sonne MARIA SCOTORVM REGINA IACOBVS VI SCOTORVM REX Through princelie grace and pietie Great is the mothers fame The king her sonne doth yeeld muche hope To imitate the same TO THE SACRED AND MOST MIGHTIE EMPEROVR AND TO THE MOST HIGH AND PVISSANT kynges and Soueraigne Princes of Christendome Iohn Lesley Byshop of Rosse wysheth peace and perpetuall felicitie SACRED AND MOST MIGHTIE Emperour and ye most puyssant kynges and Princes Christian yf you call to mynde and memorye all formes of common wealthes wherein diuerse people in tymes past aswell heathen as Christians haue bene preserued you shall finde none eyther for peace and tranquyllitie more established or for Maiestie more gloriouse than that where one hathe gouerned whiche laufullie entred as right heyr in succession and moderated all thinges with sincere indifferencio as a Iust and vpright Iudge And to omitt that this forme of Gouernemēt resembleth that regimēt wherwith God ruleth the whole world and how therfore it is the best to omitt also that the leagues of forrain Princes with their mariages and mutuall agreementes in loue and amitie are herein also included and how therfore it is profitable Likewyse to lett passe the generall peace quiett and tranquillitie whiche this assureth to all men and how therfore it is amiable the trueth of this matter will more euidentlye appear if you deeply consider what iniuries and calamities the people of that country is forced to endure where an vsurping Tyrāne not by right of successiō as laufull heir vnto his auncestor but by ambition stronghand violently intrudeth hym selfe vpon an other mans right possession For suche a one by vexing his subiectes with continuall fear oppressing them with wicked exactions and more wicked morders sticketh not to subuert all lawes of God man to the ende that he may rule all alone Thus whiles he most cruelly tirannizeth ouer his subiects and they most mortally doe hate hym what mischiefes and miseries do not burst in vpon any nation by suche a desperate head and suche discorde of membres Vherupon it foloweth well in my Iudgement that the good will of Princes toward their subiectes and the loue of Subiectes toward their Princes is the surest meanes to keepe and preserue the publick weal of any Countrie In somuche as what Region so euer wanteth this must eyther be deuided in it selfe and torne in peces with domesticall troubles or fall in to the handes of straungers Therfore of all nations that haue bene in any age I finde none that by this coniunction of mutuall amitie hathe not bene aduaunced with great felicitye and none on the other syde that by want therof hathe not eyther lyke a sore diseased or wounded bodye languished miserablye or vtterly deuolued in to extreme ruyne and destruction Yea suche misruled nations haue not alone tasted the calamities of their enormityes but haue wickedlye also casten out their vonim vpon others and with suche contagious poyson haue infected their neighboures rownd about them So as all Princes Christian that desire long to Raigne haue hereby to note and learne how it behoueth them not onlie to rule their own Countries without all manner of Tirannie but allso to prouyde so muche as in them lyeth that their neighbours be not oppressed by Tyrannes For suche neyghborhoode can not be but contagiouse because it is the nature of Tyrannes first to ransake and spoyle their own people and afterward to breake owt vpon others and to ruyne them all manner of wayes And this I wryte to the ende that all Christian Princes aswell for their own sake as for Charitie also toward their Christian neighbours should haue some speciall care to helpe that my Soueraigne Ladye Marye Queene of Scotland and the most noble King her sonne be not excluded and barred frome their right of inheritance and succession to the Croune of England after the laufull yssues of King Henrye the eyght be all deceassed Least that by vniust intrusion and inuasion of vnlaufull vsurpers the true heyr be defeated that florishing Kyngedome by tyrannie ruyned and the neighbours adioyning contagiouslye annoyed Fort sithe it is euidently knowen that all those commodities and riches wherwith England hathe plentifully furnished not onlye it selfe but other countries also haue growen specially by this occasion that it hathe bene hitherto sweetlye and peaceablye gouerned by the true and laufull heyrs to the great honour of the Gouernours and commoditie of the Subiectes and seing it is also manifest that after the deceases of all the yssues laufullie descended from Kyng Henrie the eight as I sayd before the Kyngdome of England by right euery waye belongeth vnto Marye the Queene of Scotland who seeth not that if the same Ladye be excluded from her right then not only that Realm shall be spoyled of their own commodities and their neighboures want those helpes which they haue long enioyed but also that Region wil be a neast of Tyrannes where euery familie shall robbe it selfe and as mere straungers spoile and morder one an other Now then because some vniust Competitors incensed with desire of rule doe couer their ambition by pretending a title to the Croune of England I thought it to be a part of my duetie to infringe their vntrue surmises and by strong and weightie argumentes to proue and ratifie the laufull title and right of the Queene and Kynge my Soueraigne Princes For so I hope it will fall owt that all Christian Kinges and Potentates will more reddelye performe suche honorable offices of Courtesie and Charitie as all Princes owe one to an other and that speciallie when they shall see the veritie integritie and iustice of this cause so expresselie declared as no scruple therof can stick in the hart of any indifferent persone For thoughe generallie all Christian Kynges are as it wer so lynked to gether as they should aide and defende eache others honour and dignitie in respect that they are Kynges Yet euery one of them in some one or other particulrr respecte is so allied vnto the Queene and Kyng of Scotland as they owght to take her part and to ioyne with her against her enemies And to surcease from speaking any more of the
common bond of loue among all Princes generallye I may not herein ouer passe that godlye father which sittethe in the holy Seat and as it is well knowen like a second Samuel will not anoint with holye oyle that is to say confirme by his authoritie any other to be rulers ouer Christians than suche Princes as might well seme to be Sauls and Dauids whiche represented the persones of all laufull Kynges For beside her vndoubted right of Succession which is accounted a kynd of diuine callyng and choyse to a Kyngdome this may speciallie persuade hym to defend her as his daughter whiche neyther by straitnesse of prison nor by any kinde of affliction could be hitherto seduced from honoring him as her father VVhat nede is there to call vpon the most sacred Emperour and other Kynges and Princes in particular sith they are all allied vnto the sayd noble Queene eyther by a sure knot of amitie and frendship or by a most fast bond of consanguinitie and kynred Neyther is it necessarie to proue this by genealogies and pedegrues seing the world allredye knoweth that she is descended both by father and mother from the most noble Princes Kynges and Emperours of the whole Christian worlde As for the nobilitie and Commons of England this should moue them to loue her that she is come so many wayes of English blood and had her great Grandmother out of the Princelie house of Somerset and had for her Grandmother the Lady Margaret eldest daughter to King Henrye the seuenth And is not this muche to moue them further that she was by this meanes so muche affected toward the Englishe Nation as in her troubles afflictions at home she rather hoped for relefe at their handes and therfore trusted the now Queene of England vpon her promises so farre as she made her choyse rather to come for succoure to the Englishe where now she liueth in prison than to other Princes her speciall freends of whome she was assured to haue found relefe and succour Adde this withall that before all other Christian Princes she choase an Englishe man to be her husband and by hym brought foorthe a sonne heyr to the same Kyngdome VVhat should I report of the signes and tokens of her pietie wiche now she showeth in England or of her Courtesie good will and loue towarde the English Nation how freendlye she thinketh of them how honorably she speaketh of them and how nobly she writeth of them yea how that by long conuersing with them she hath now so perfectlie lerned their manners their language and their customes as hauing almost forgot all other fashions she seemeth to be brought in to this world by the prouidence of God iustlie to gouerne the people of England VVherefore sithe this our Queene is the woorthie heir and the righteous heir of the English Croune it standeth agreablie with your charitie whiche you as Kinges are wont to vse toward Queenes and vith those offices of courtesie and kyndenesse whiche you owe as Allies to your freendes or as Cosaines to your kynsewomen to prouide by all possible meanes that she be not defeated of her right nor barred from that dignitie whiche by many titles is due vnto her lest that the harmes whiche fall vpon her by suche losses doe procure great perilles to you and youre posteritie And the better to auoyde all stoppes whiche might brede in you by any obscure or breefe relation I here present vnto your Maiesties with all humilitie this booke conteyning a full discourse of the whole cause whiche during my abode in England about the affaires of my sayd Soueraigne I caused to be published in Englishe to the vse of Englishe menne and haue now augmented it with a Genealogie of the Competitors whiche by discent from two Princelie families in that Realme to wit Yorke and Lancastre pretend title to the Croune And herein the cauilles and surmises of the aduersaries are so refuted their sleightes so discouered and auoided and their argumentes whiche they leane vpon so ouerthrowen as the scruples and dowbtes whiche before neuerthelesse to menne of equall and indifferent iudgementes were playne enoughe may well seme to be remoued and pulled out of the hartes and myndes of the aduersaries I humblie therfore beseche your Maiesties to accept that freendly whiche I present vnto you to mark that attentiuelie whiche in writing I sett downe before you and to performe that Iustlie whiche best beseemeth you So fare ye well and fauour the cause of a most laufull Queene TO THE MOST EXCELLENT AND MOST GRACIOVSE QVENE MARIE AND TO THE MOST noble king Iames her sonne Quene and kyng of Scotland his vndoubted Souereignes Iohn Lesley Byshop of Rosse wisheth all true felicitie O FALL the most excellent guyftes and benefites which God of his goodnesse hathe bestowed vpon mankynde I knowe not whether there be any one for profit more fruitfull or in estimation more excellinge than is the inclination among menne to mutuall loue and amitie For suche is the force thereof in matters of greate importance as the persone in whome it is once well establyshed can not be at any time eyther by counseil seduced by iniquitie of time imbased by fortunes frowning disquyeted nor by any violence shaken muche lesse ouerthrowen or destroyed In somuche as I must nedes saye that whosoeuer wanteh this guyft of nature he is not onlye farre from all commendation of constancie and wysedome in greate affaires but also putteth of all humanitie and is become impious wylde and sauage And this sense or feling of loue and amitie although it be naturally planted in euery man and woman yet is it most especiallye in them that are by blood and kynred most neerly conioyned together VVherfore so often as I consider the tender loue of parents toward their children the pietie of children toward their parents I alwayes acknowleige this naturall inclinatiō to loue and amitie without whiche no common wealth can endure nor any famylie stand to be a speciall benefit of God bestowed vpon mankynde And so often also most graciouse Princes I fynde iust cause to moue me in the behalfes of your Maiesties and of your subiectes to reioyse and to gyue God thankes for that these lawes of nature and guyftes of grace in you by God singularlye planted you haue reserued and kept whole and inuiolate from the iniurie of the time and from the malytiouse stinges of peruerse detractours in suche sorte as you could not by any other occasion haue gyuen a better testimonie of honorable courtesie and vertue nor haue raised in the hartes of your subiectes a more assured hope of the best mean to preserue yea and to enlarge also and amplyfie your kyngdome For to me and to all your louinge subiects nothing can be more gratefull than this firme and fast loue and agrement betwene you nothing that ought to be more acceptable to your selues nothinge more agreable to the generall wellfare of all men Ernestlie therfore and in the
obiections whiche your aduersaries pretend to the contrarie And this trauaille longe agoe whiles I was Ambassadour in England I dyd willynglye take in hand aswell thereby to wynne the good willes of many vnto you as for the honour and generall commoditie of your Countrie VVherein at that time I had muche conference with some of the most expert and skillfullest Iudges best practized counseilers towardes the lawes of that land and after many discourses and muche debatinge I clearly sifted owt their opinions and Iudgementes touching this matter And not longe after vpon mature deliberation whē I had well reuolued these thinges in my mind I thought it euery waye agreable to my deutie towarde your Maiesties your Countrie to contriue in some litle volume what I had learned in so longe tyme being also hereunto induced by the persuasion of diuerse Christian Princes whome after my departure out of England coming to visit them I had made acquainted with this matter whiche they were glad to hear and for their better instruction desirous to be infourmed therof at more length by writing VVherevpon first to satisfie the honorable meanynge of those noble personages I compiled and published a Treatise of this matter in latin And now further to accomplishe my deutie in defence of your Royall Dignities and to setle the myndes of the wauering communaltie and for the generall commoditie of all suche as haue any interest in this matter I haue sett forthe this Treatise in English And I verilye hope suche is your princelie good meanyng my most vndoubted Soueraignes that you will accept in good parte this my trauaile as a testimonie of my duetifull good will reuerence seruice to your Maiesties and that you will construe my intention and aduise to this attempte as in your iudgement agreable to the weight of so great a cause and allowe thereof for the manyfold commodities that therehence may arise Now then as a right and laufull combination of manye Regions by iust title of succession belongyng to you most manifestlie argueth and conuinceth a Regall Soueraigntie deriued vnto you by many famouse kynges your Maiesties Auncestors so doeth the same require and exact of you an vnion and coniunction of mindes and a full consent in the vertue and religion of your forefathers For nothinge can be more agreable with the name and title of a king and with the honour and renoume of so noble a successiō as so fortunatly procedeth from suche a mother to suche a sonne than that with suche an vndoubted title right to rule a kyngdome there be annexed an vniforme profession in sincere Religion To whiche ende as the mother hitherto most religiouslie foloweinge the vertue faith and pietie of her noble progenitoures hathe euermore showed suche constancie as that Sexe scarsely beareth so the yong kyng her sonne in succession goeng with her must diligently foresee that in a sincere profession of one selfe same Catholik religion he be not behynd her but that as he hath truely imitated all her other vertues wherein she woonderfully excelleth her own selfe so he resemble her in true faith and in vniformitie of the Catholique Religion And thus the mother can haue no occasion offered her to remitt any part of her true loue and affection towardes her sonne but by daily encrease of naturall affectiōs betwene them she will so answer hym in courteouse kyndnesse as thoughe she be forestalled of his presence yet shall she enioye great comfort of hym in his absence in so muche as all the world at home and abrode shall admire and wonder at their laudable emulation in offices of naturall zeale and pietie Yea thus it will fall out that your own people moued by your example will induce one an other to peace and amitie and freely of their own accorde without any contention will offer vppe vnto you suche kyngdomes regions prouinces as are or shal be due vnto you by right and desire nothinge more than to be vnder the dominion of them whome they see in one mynde faythe and religion with good lawes and true Iustice moderate their common wealthe VVhiche kyngdomes and the Subiectes thereof God the kynge of all kynges which ruleth the hartes of all Princes graunt you grace well to gouerne to the glorye of his holy name to the propagation of his holy churche and to the maintenance of common peace and tranquillitie Amen A PREFACE CONTEYNING THE ARGVMENT OF THIS TREATISE VVITH THE CAVSES mouyng the Author to wryte the same THE deepe prouidence of Almightie God who of nothinge created all thinges most euidently in this poynt showeth it selfe that by his power ineffable he hath not onlye created all thinges but by the same power hath also endewed euery liuyng creature with a speciall guyft grace to continue to renewe and to preserue eache his owne kynde But in this consideration the condition of man kynde amonge and aboue all earthly thinges hath a pearlesse prerogatiue of witt and reason wherewith he onlye is of God graciously indued and adourned Man by the guyft of vvitt reasō hath a greate fresight of thinges to come For by theese excellent guiftes and graces of witt and reason he doeth not onlye prouide for his present necessitie and sauegarde as doe naturally after their sort all brute beastes and euery other thinge voide of reason but also pregnantlie discoursinge from cause to cause and prudentlie applyeng their seuerall courses euentes he gayneth a greate foresight of the daungers and perilles that many yeres after may happen either to him selfe or to his Countrey and then by diligence and carefull prouision doeth inuent some apt and meete remedies for the eschewinge of suche mischiefes as might outragyously afterward occurre And the greater the fear is of more imminent mischief so muche more care and speedier diligence is vsed to preuent and cutt of the same And it is most certaine by the confession of all the world that this care whiche I speake of ought principally to be imployed of euerie man as oportunitie serueth to this ende that therby the Authoritie of the Prince may be kept whole and sound the publik weal of his countrey assured and the cōmon peace tranquillitie of bothe preserued Subiects ought to loue their kinge and to knovv the heyr apparent to the Croune For the obteining whereof as there are many braunches of policie to be desired so one special parte is for subiectes louinglye and reuerentlye to honour and obedientlie to serue their Soueraigne which for the time hath the rule and gouernement the next to foreknowe to whome they owe their alleageāce after the deceasse of their present prince and Gouernour VVhiche being once certain and assuredly knowen procureth when tyme doeth come readie and seruiceable obedience with great comfort in the mean while and afterwarde vniuersal reast and quietnesse of all good Subiectes as on the contrary part throughe discord variance and diuersitie of mindes and opinions about a Successour the
matter groweth to faction and from factiō bursteth out to plain and open hostilitie wherevpō foloweth passing great perilles and oftentimes detestable alterations and subuersions of the plublick state For the better auoyding of suche and lyke inconueniences albeit at the beginning Princes reigned not by descent of blood and succession VVhy all the vvorld almost embraceth succession of princes rather than election but by choyse and election of the worthiest the world was for the most part constreyned to reiect and abandon election and so oftentimes in stead of a better and woorthier to take for their Gouernour some certain issue ofspring of one family though otherwyse perhappes not so mete VVhich defecte is so supplied partly by the greate benefit of the good reast and quyetnesse that the people vniuersally enioye by this course of succession and partly by the industrie and trauail of graue and sage personages whose counseil Princes doe vse in their affaires that the whole world in a manner these many thousand yeres hath embrased successiō by blood rather than by election And all politike Princes wanting issue of their own bodies to succede them haue euer had a speciall care foresight for auoyding of ciuil dissention that the people allwayes myght knowe the true and certain heyr apparent of the Croune specially when there appeared any lykelyhode of varitie of opinions or factions to ensue about the true and laufull succession in gouernement The care of English kinges to haue the successour to be knovvn This care and foresight doeth manifestly appear to haue bene not only in manye Princes of forain Countreis but also in the kynges of England aswell before as after the Conquest namely in S. Edward kyng of England that holie Confessour by declaring and appoynting Edgar Atheling his nephews fonne Flores hist anno 1057 to be his heyre as also in kynge Richard the first who before he interprised his Iourney to Ierusalem Richard Chanon of the Trinitie ī Londō assembled his Nobilitie and Commons together and by their consentes declared Arthure sonne of his brother Duke of Britain to be his next heir and Successour of the Croune Of whiche Arthure flores hist anno 1190 Poli. l. 14. as also of the sayd Edgar Atheling we will speake more hereafter This care also had king Richard the second what time by authoritie of Parlament he declared for heir apparent of the Croune the Lord Edmond Mortymer that Maried Philip daughter and heyr of his vnkle Leonell Polid. l. 20. duke of Clarence And to descend to later times the late kyng Henry the eight shewed as it is knowen his prudence and zelous care in this behalfe before his last voyage in to Fraunce And nowe if almightie God should as we be all bothe prince and others subiecte to mortall chaunces once bereaue the Realme of England of their present Queene the hartes and mindes of men being no better nor more firmely setled and stayed towardes the expectation of a certain succession than they seme now to be then woe alas it woundeth my very hart euen once to thinke vpon the imminent and almost ineuitable perilles of that noble Realme being lyke to be ouerwhelmed with the raiging roaring waues stormes of mutuall discorde and to be consumed with the terrible fire of ciuil dissention The feare whereof is the more by reason that already in these later yeres some flames of this horrible fire haue sparkled and flushed abroad some part of the rage of those fluddes haue beaten vpon the Englishe shores I mean the hote contention that hath there bene sturred in so many places and among so many persones Of bookes also dispersed abroode so many wayes fashioned framed as either depraued affection peruersely lusted or zelous defense of truthe sincerely moued men Seing therfore that there is iust cause of fear and of great daunger lykely to happen by this varietie of mennes myndes and opinions so diuersely affected aswell of the meaner sort of menne as of greate personages I take it to be the parte of euery naturall Englishe man of suche as fauoure them to labour and trauaile eache man for his possibilitie and for suche talent as God hath gyuen hym that this so imminent a mischiefe may be in conuenient time preuented VVe see what witt policye paynes and charges men employe with dammes weares and all kynde of ingenious deuises to prouide that the sea or other riuers doe not ouerflowe or burst the bankes in suche places as are most subiecte to suche daunger VVe knowe also what politike prouision is made in many good Cities and townes that no daungerous fires do aryse through negligence and that the furie therof if any happen may speedilye be repressed with diligence VVherein Augustus the Emperour among other his famours actes is woorthely commended honored for appointing in Rome an ordinary wache of seuen companies in seuerall places to preuent suche mischiefes as come by fyre being hereunto induced by reason that the Citie was set on fire in seuen seuerall places in one daye And shall not then euery man for his part and vocation haue a vigilant care and respect to extinguishe and quenche fuche a fyre alreadye bursten owt as may if the matter be not wyselye looked vnto subuert distroy and consume not one Citie onlye but also a whole Realme Countrye VVhiche to suppresse one ready and commodiouse waye as I thinke is that the Countrey men people of that nation may throughly vnderstand and knowe from time to time in what persone the right of succession of the Croune of that Realme doeth stande and remayne For now many men partly through ignorance of the sayd right title partly through sinister persuasion of some lewd pamphlets whereunto they haue too lightly giuen credit are seduced and caried away quite from the right opinion and good meaning whiche once they had conceiued and from the reuerence and duetie that they other wyse woulde and shoulde haue VVhiche corruption of Iudgement and opinion I doe hartely wishe to be plucked out of the hartes and mindes of men and shall in this Treatise doe my best indeuoure with moste strong reasons and prooses to remoue the same not presuminge vpon my selfe that I am better able than all others this to doe but vpon duety and zeal to open a waye fot the knoulege of trueth whiche by so many indirect meanes is restreined obscured and persecutde after reading and vewing of suche bookes and the argumentes therof as haue bene set forth by the aduersaires to the contrarie whiles I was in England Ambassador for my most gratiouse Soueraigne ladye the Quene of Scotland I attempted this woork not vnrequested of some noble personages then of great accompte nor without the aduise counsail and Iudgement of some verie skillfull in the customes lawes and statutes of that Realme VVherein I verily hope to showe suche good matter for euident demōstration of the truth as semeth to me
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
as other heires should VVhervpon it is to be gathered by dew iust cōstruction of the same statute and hath bene heretofore commonly taken that the common lawe alwayes was yet is that no persone born out of the allegeāce of the king of England whose father and mother were not of the same allegeance should be able to haue or demaund any heritage within the same algeance as heire to any person VVhiche rule I take to be the same supposed Maxime that the aduersaries do meane But to stretche it generally to all inheritāces as the aduersaries woulde seeme to do by any reasonable meanes can not be The statute of Edvv. 3. An. 25. touchetb inberitance not purchase 11. H. 4. fol. 25. For as I haue said before euery stranger and Alien borne may haue and take inheritance as a purchaser And if an Alien do Marie a woman inheritable the inheritance therby is both in the Alien also in his wife the Alien thereby a purchaser No man doubteth but that a Denizon maye purchase landes to his owne vse but to inherit landes as heire to any person within the allegeance of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also Denyzons doth onely extend to Descentes of inheritance and not to the hauing of any lande by purchse Now will we then consider whether this rule by any reasonable cōstruction can extend vnto the Lady Marie the Queene of Scotland for and concerning her title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland whiche realm is out of the allegeance of England her father and mother not being of the same allegeāce therfore by the said rule she is not inheritable to the Croune of England Though I might at the beginning very wel and orderly deny the consequent of this argumente yet I wil first examin the Antecedent euen by the cōmon opinion and sentence of English men then will I consider vpon the consequent And this I intend of purpose only to discouer the improuidence of the aduersaries whiche in a matter where they couet most to looke vnto them selues there they least of all prouide for the warrantize of theyr cause by their owne pretensed lawes of the Realme of England But I mynde not hereupon so to ouer rule the matter as any preiudice may thereby be created against the Kynges of Scotland who haue alwayes kept and still doe kepe and enioye with a plain profession most iust clame in their owne right ouer their subiectes a supreme authoritie power not depending by any lawe right or custome vpon any other Prince or potentate in the world VVell then to come to the Antecedent so it is that the Queene of Scotland was borne in Scotland it must nedes be graunted but that Scotland is out of the allegeance of England though the sayde Queene and all her subiectes doe iustlye affirme the same yet there is a verie greate number of men in England both learned and others whiche are not of that opinion but earnestly auouche the contrary being led persuaded therunto as they say by diuerse Histories Registers Recordes and Instruments remayninge in the Treasurie of that Realme wherin is mentioned as they also saye that the Kynges of Scotland haue acknouleged the Kyng of England to be the superiour Lorde ouer the Realme of Scotland haue done homage and fealtie for the same VVhich being true though all Scotsmen denie it as Iustlie they may for the homage fealtie whiche those men speake of was not exhibited nor done in any such respect as they surmise but in consideration of the tenures of certein Segnories Lands tenements hereditaments lyeing in Northumberland Cumberland other Shyres of England whiche now the Kinges of Scotland want and then did enioye holde of the Kyng of England As cōmonlie it is sene in sondrie parts of Christindome Kyngs and Princes hauyng distinct and absolute regiments not depending of any other potentate to holde neuerthelesse one of an other diuerse landes townes and countries lyeing within the marches of the one or the others dominions But admit it to be true whiche these men doe so auouche then Scotlande must nedes be accompted within the allegeance of England euen by their owne lawes of the same Realme and by the common opinion of their owne nation And although sins the tyme of Kinge Henry the sixt none of the Kinges of Scotlande haue done the said seruice vnto the Kinges of England yet that is no reason in the lawe of England to saye that therefore the Realme of Scotland at the tyme of the birth of the sayd Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of the late Kinge Henrie the eight was out of the allegeance of the Kinges of England For the lawe of that Realme is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie The Lorde loseth not his seignorie though the tenante doth not his seruice For the lande still remaineth within his Fee Seignorie that notwithstanding But peraduenture some will obiecte and saye that by this reason France should likewise be said to be within the allegeance of England forasmuch as the possessiō of the Croune of France hath bene within a litle more then the space of one hundred yeares nowe last past laufully vested in the Kinges of England whose right and title still remaineth To that obiection it may be answered that there is a great differēce betwene the right title which the kings of England clame to the Realm of Frāce the right title which they clame to the Realme of Scotlād For although it be true that the kings of Englād haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the said Realme of Fraunce the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiectiō which they did owe vnto the kings of England haue geuen submitted them selues vnder the obediēce allegeāce of the frēsh But as for the Realme of Scotlande it is otherwise For the Title whiche the Kinges of England by the opinion of these men may clame to the Realme of Scotland is not in the possession of the lande and Croune of Scotlande but onely in the seruice of homage and fealtie for the same And though the Kinges of Scotland many yeres haue intermitted to doe the said homage fealtie vnto the Kinges of Englande yet for all that the Kinges of Scotland can not by any reason or lawe be called vsurpers and vniust possessors And thus all indifferente men not ledd by affections may well see by the recordes testimonies of
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
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
forrein and Barbarous nation the Englysh Saxons And the lett of that Mariage proceded of the Englyshe whose vse is to seek to wynne that of the Scottes by manacing wordes and force of armes whiche they should desyre by fayr meanes termes of freendlye good will And there wanteth not occasion to suspecte that they dyd it of purpose to the end that by breakyng of that mariage some of them might haue a more reddye accesse to the vsurpation of the Croune of England How soeuer it was the Scottysh Nation was not mynded to yeeld by force and yet scarse able to forbeare were constreyned to craue ayde of the Frenshe whiche they could not obteyne onlesse they sent theyr Queene into Fraunce as an hostage for their fidelitie But there was nothing that the Scottish nation more estemed and desyred at that day than the vnion of those two regions by that mariage as may well be proued by the common opinion and sayeing of the people there before the matter was attempted by way of force and armes vve vnderstand the English mans language sayd the people they oures vve inhabit all one Yland and almost in nothing doe vvee differre but that vvee are gouerned by tvvo seuerall Princes And in dede it is euidently knowne that the Scottishe Nation many yeres before dyd greatlye desyre and wyshe this manner of coniunction in amitye and namely at suche tyme as they maried the noble Lady Margaret the only heire of the croune of Scotlād daughter of Alexander their King to the fyrst Kyng Edward of England By whiche maryage those two kyngdomes had bene vnited had not that noble virgin deceassed before she came to the fyght of her husband Seing then the case thus standeth there is no cause whye eyther the Englysh or Scottishe should vpbraide or reproue one an other but they ought rather to agree all together in one voyce and consent that yf there were none alyue to whome the Soueraigntie of the whole Yland by right could belonged one generall Prince ouer all might be elected by voyce or lott So as at last the whole weale publicque and people might enioye perpetuall peace and be no more with partiall parttakinge sectes factions disturbed Euen as wee rede that the Persians in olde tyme verie prouidently in a like case vsed them selues For as Iustine reporteth when they had slayne their Mages great was their glorie and renowme for the recouerye of their Kyngdome but muche greater for that in contendyng about the gouernement they coulde agree among them selues There was among them many equall in vertue and nobilitie as it was hard for the people to make an election of a gouernour Therfore theyr nobility deuised among them selues an indifferent mean whereby to cōmit the iudgement of their woorthinesse to their goddes They agreed among them selues on a day appointed to lead all theyr horses before the Palace earlye in the mornyng and that he whose horse fyrst dyd neyghe before the rising of the sunne should be kyng The next day after when all were assembled at the houre appointed the horse of Darius sonne of Hydaspes dyd first neygh and gaue that happy signe of good fortune to his maister Immediatlye the modestye of all the rest was suche as vpon the first heearing of the good notice so gyuen they all leapt from their horses and dyd theyr homage to Darius as to their King and all the commons foloweing the iugement of the nobles willyngly confirmed the election accepted hym for theyr Soueraign Thus the kyngdome of Persians wherof at one time there was seuen noble competitors was in a moment reduced to the regiment of one And this they dyd withe suche incredible zeale and pietie towardes theyr Countrye as for the delyuerey therof from trouble and miserye they could haue bene content euery one to haue lost his lyfe Thus farre Iustin Immortall is the honour and renoume of those noble men whiche willinglie preferred the wellfare of their countrey before their priuate ambition But allmightie God hathe eased you well of this doubt For he hathe Layd it open before your eyes what persone it is to whome the Soueraigntie of the whole Yland euen by the lawes of the realm after the decease of the now Queene of England without laufull issue of her body ought to descend and come I mean the most noble Ladye Marye the woorthie Quene of Scotland whose apparēt pietie and vnuincible constancie in aduersitie vniuersally well knowne and talked of through the whole world doeth gyue a plain demonstration how vain and friuolous the Iudgment of those men is which represse and reiect the Regiment of women To this Ladye therfore may the regiment of the whole Yland at length descend according as it was once before to her adiuged by the sentence of her great graundfather Kyng Henry the seauenth and of his Counseill as Polydor reporteth Kyng Iames of Scotland the third saieth he dyd honorably intertein Richard Fox Byshop of durisme Ambassadour sent to him by Kyng Henry the seuēth and at their fyrst meting he showed hym selfe muche greued for the late slaughter of his subiectes but easilie he remitted the iniurie Afterward when they were together alone the Kyng tolde hym how auncient and iust causes of frendshipp had bene betweene Kyng Henry and hym and how greatly he desired the assurance therof that they two myght be tyed together in a more fast knot of loue and amitie whiche out of doubt will folow sayd the Kyng yf King Henry wolde bestow on hym his eldest daughter the Ladye Margaret in Mariage To this the Amhassadour answered coldlie but yet promised his helpe and furtherance and put the Kyng in good hope of the matter if he wold send an Ambassadour directly to that end The Ambassadour vpon hys returne home reported to Kyng Henry the whole matter whiche pleased Kyng Henrye wonderous well as one whiche delyted muche in peace VVithin fewe dayes after this the Ambassadours of Kynge Iames came to request the Ladye Margaret in Mariage Kyng Henrye after audience referred the matter to his Counseil among whome some there were whiche suppected that the kingdome might in processe of tyme be deuolued to the same Ladye Margaret and therfore thought it not good to marie her to a forain Prince whereunto the Kyng made answere and sayd what then Yf any suche thing happen whiche God forbid yet I see our kyngdome should take no harme therby for England should not be added to Scotland but Scotland vnto England as to the farre most noble head of the whole Yland for we see it so fallen owt in all thinges that the lesse is for honour sake euer adioyned to that whiche is farre greater as Normandie in time past came to be vnder the dominion and power of the Kynges of England our auncestors The Kynges Iudgement was greatly commended the whole Counseil approued the matter with a full consent and the sayd Ladye and virgin Margaret was maried to Kyng Iames. Thus
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