doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
is set foorth VVherein it may appearo at first sight how by the Mariage of King Henry the seauenth and Queene Elizabeth his wyfe the vndoubted title of that Croune was shut vp in them two in their issue How they lost but thre children hauinge yssue to witt King Henry the Eight Margaret their eldest daughter wyfe of Iames the .4 King of Scot. And mary wyfe of Charles Duke of Suffolk And that after the decesses of K. Henry the .8 and of his issue the right of succession of the said Croune is to remayn to the yssue of the sayd Margaret before all others And that is to the most gracious Lady Mary now Queene of Scotland and from and by her to the sixt King Iames of Scotland her Graces most noble sonne To the wellwilling Reder Here thou haist wellwilling Reder the cōtinuall Rase processe of Succession of the triumphāt Croune of England set forth before thy eyes not so muche thereby to gratifye my vndoubted Soueraignes as to dissolue all doubtes touching the laufull succession of that Croune to shew some aduise for the dignitie peace and weale publique of the whole yle of Britaine to the ende that all matter of sedition may be extinguished Farewell and take in good parte this my trauail IOHN LESLEY Byshop of Rosse VVilliam Duke of Normandie subdued and slewe in battail at hay stinges Herold the vsurpor in the yere of our lorde 1066. and obteined the kingdome to hym selfe whose posteritye hath enioyed the same till this daye 1. Kyng VVilliam Conquerour 2. Kyng VVilliam Rufus 3. Kyng Henry 1. Maried to Maude daughter of Malcom 3. K. of Scot. Maude daughter of Henry .1 maried to Henry .5 Emperour first husband of Maude Geoffrey Plātagenet second Husband of maude 5 King Henry 2. sonne of maude by G. Pl. 6. Kyng Richard 1. Called cuer de Lyon 7. Kyng Iohn Ioan wyfe of Alexāder .2 Kyng of Scotlād Alexander 2. Kyng of Scotland Alexander 3. Kyng of Scotland 8. Kyng Henry the third The house of Lancastre Edmond Erle of Lancastre Henry Erle of Lancastre Henry Duke of Lancastre Blāche heir of Henry D. of Lancastre vvife of Iohn of Gaunt Margaret wyfe of Alexāder .3 Kyng of Scotland 9. Kyng Eddward the first 10. Kyng Edward the second maried to Isabel daughter of Philip le beau Kyng of France Ioan wyfe of Dauid de bruise king of Scotlād Dauid de bruise Kyng of Scotland 11. King Edward the thyrd Iohn of Gaunt D. of Iāc in right of his wife Philip wyfe of Iohn 1. Kyng of Portugal Edward Kyng of Portugal The line of Poratugl Ferdinand Emanuel Kyng of Portugal Isabel the eldest daughter of Emanuel and vvife of Charles 5 Emper. Philip Kyng of Spayn D. Iames. D. Philip. Eleonor wyfe of Frederik Emperour Maximilian .1 Emperour Philip king of Castill in right of his wife Catharin wyfe of Henry .3 Kyng of Castil The lyne of Castil Iohn Kyng of Castil Elizabeth heyr of Castil vvyfe to the Kyng of Aragon Iohn Quene heir of Castil wyfe of Philip. Charles .5 Emperour and kyng of Spayn Ferdimand Emperour and Archeduke of Austriche Maximilian Emperour Archeduke of Austriche Mary daughter of Charles and vvife of Maximillam Emperour Rudolphe Emperour archeduke of Austriche Anne wife of Philip kyng of Spayn 13. Kyng Henry the foworth 14. King Henry the fift 15. King Henry the sixt Edward Iohn Erle of Somerset Ioan wyfe of Iames .1 king of Scotland Iames .1 Kyng of Scotland The lyne Iames .2 Kyng of Scotland Iames .3 Kyng of Scotland Iames .4 king of Scotland maried to Iohn Duke of Somerset Margaret maried to Edmond Erle of Richemōd 19. Kyng Henry the seauenth maried to Margaret first maried to King Iames 4. and after to Of Scotland Iames .5 Kyng of Scotland Marye Queene of Scotlād maried to Archebald Erle of Angus secōd husbād to Queene Margaret Margaret wyfe of Mathew Erle of Leneux Henry Stuart second husband of Mary Queene of Scotland Iames .6 Kyng of Scotland Mathew Stuart Erle of leneux Charles Stuart maried to Elizabeth Canendish Arbella 20. King Henry the eight 21. king Edward the sixt 23. Queene Elizabeth 22. Queene Marye Edward called the blacke prince 12. King Richard the second Lionel Duke of Glarence Philip maried to Edmōd mortimer Erle of marche The house Edmond of langley Duke of Yorke Richard Erle of Cambridge maried to Anne mortimer Anne mortimer maried to Richard Erle of cambringe Roger mortimer and Eleonor hys sister died vvithout yssue Rogermor timer .4 Erle of marche Edmond mortimer .5 Erle of marche died without isse of Yorke Richard Plantagonet Duke of Yorke 18. King Richard the third Edward dyed without issue George Duke of Glarence Margaret Countise of Sarisbury maried to R. Pole Reinald Pole Cardinal and Geffrey Pole Henry Pole Baron of Montague The house of huntingdon VVenefride wyfe of Barington knight Catharin maried to Frācis Erle of hūtingdon Henry Erle of huntingdon George hastings others Arthur Pole Mary wyfe of Iohn Stannay Margaret wyfe of tho fitzherbert 16. kyng Edward the fowerth Elizabeth maried to king Henry the seuenth The howse of Suffolke Mary daughter of K. Henry 7 maried to Charles Duk of Suffolk Francise wyfe of marques dorcet 1. Iane wyfe of Guilford dudley 2. Catharin Henry sonne of Catharin by the Erle of hereford Edward 3. Mary Eleonor maried to George Erle of cūberlād Margaret maried to the Erle of darby Ferdinand VVillyam Francis 17. Kyng Edward the fyft Adela wife of Stephan Erle of Bloys 4. Kyng Stephan A FVRTHER PROOFE OF THE SAYD TITLE OF SVCCESSION VVITH A RESOLVTION OF the obiections of the Aduersaries VVE SAY THEN and affirme that the next right Heire Successour apparent vnto the Croune of the Realme of England is at this time suche a one as for the excellent guiftes of God and nature in her most princely appearing is worthie to inherit either that noble Realme or any other be it of much more dignitie and worthines But nowe I clame nothing for the worthines of the persone whiche God forbid should be any thing preiudiciall to the iust title of others Yf most open and manifeste right iustice and title do not concurre with the woorthines of the persone then let the praise and woorthines remaine where it is and the right where God and the lawe hath placed it But seing God Nature and the lawe doth call the person to this expectation whose interest and clame I do now prosequute I meane my vndouted soueraine Ladye Marye Queene of Scotlande I hope that when her right and iuste title shal be throughly heard and considered by the indifferent Reader if he be persuaded already for her right he shal be more firmelye setled in his true and good opinion and that the other parties being of a contrarie minde shall finde good causes and groundes to remoue them from the same and to geue ouer and yelde to the truthe Her Graces Title then as it is
the Lady Margaret Countesse of Sarisburie afterward maried to Pole The third brother Richard duke of Glocestre after the deceasse of his brother King Edward the fowerth caused the yong kyng Edward the fyft his said brothers sonne traiterously to be mordered lyke a Tyranne vsurped the Croune and called him selfe king Richard the third but as he iustly deserued he dyed dishonorably and was slain in the battail beside Bosseworth by king Hēry the seuēth so dyed without issue This seuenth king Henry descended of the house of Lancastre was then the principal persone of the other partie agaynst the house of York But to take away the matter of that contention he maried the said Elizabeth daughter to the sayd King Edward the fouerth The vnion of the houses of York and Lancastre then right heir of the house of York and so by vniting those two houses he dyd cut of all those long and perniciouse broyles Thus I haue brieflye set downe the original cause and the finall ende also of that so great and troublessome faction Yet to procede further touching the said king The yssue of Kinge Henry the seuenth Henry the seuenth he had by his said wyfe Quene Elizabeth a sonne called king Henry the eight for his other sonnes I omit because they died in the life tyme of their father and without issue And he had also two daughters Margaret wyfe of the fowerth kyng Iames of Scotland and Marie the wyfe of the twelueth king Lewes of Fraunce This king Henry the eight had for his first wyfe Catharin daughter to Ferdinando king of Spayn and by her he had a daughter the Ladye Marye afterward Queene of England But vnder a pretence that the sayd Catharin was the wyfe of his deceassed brother Arthur he putt her awaye and brought in Anne Bolleine daughter of Syr Thomas Bolleine knight and by her he had a daughter the most renowmed Lady Elizabeth now Queene of England And afterward he stroke of the head of the sayd Anne and Maryed the Ladye Iane Semer a knyghtes daughter by whom he had his sonne Edward whiche afterward was Kinge Edward the sixt and dyed without yssue Then were called to the crown by succession first the sayd Lady Marie and after her the sayd Ladye Elizabeth now Queene After whose deceasses without any laufull yssue of their bodyes the next place in succession ought of right to remayn to the sayd most noble Ladye Marye now Queene of Scotland But before I enter into the explication of this matter it shall not be farre from the purpose somewhat to speake of these other personnes that chalenge the right of fuccession as properly to them selues belonging King Henry therfore the seuenth by the sayd Queene Elizabeth daughter to king Edward the fowerth had as you haue heard his said sonne king Henry the eight and his sayd two daughters the Lady Margaret wyfe to king Iames of Scotland the fowerth the said Lady Mary wyfe to the sayd king Lewes of Fraunce the twelueth by whom she had no yssue The yssue of Queene Margaret of Scotlād And the sayd king Henry the eight had as I haue sayd by diuerse venters his sayd thre children king Edward Queene Marie and Queene Elizabeth Of the sayd Queene Margaret eldest daughter to the seuenth king Henry of England was by the sayd King Iames the fowerth her first busband begotten and borne the fift king Iames of Scotland father to the sayd most noble Ladye Marie now Queene of Scotland And after the decease of the sayd king Iames the fowerth the same Queene Margaret was maried to Archebald Erle of Anguish and by him had a daughter called the Ladie Margaret Duglasse sometyme the wyfe of Mathew Steward Erle of Leneux by whom she had two sonnes Henry and Charles of whom I will speake here after Mary the yonger daughter of king Henry the seuenth after the decease of her first husband the twelueth king Lewes of Fraunce The yssue of Marye the Frēche Queene by whom she had no yssue was maried to Charles Brandon Duke of Sulffolk by whom she had two daughters Frācise Eleonor For of her sōnes I omitt to speak because they died without issue The said Lady Francise was maried to Henry Gray Marquesse of Dorcestre afterward Duke of Suffolke This Henry Gray begat of her thre daughters to witt Iane Catharin Mary The same Lady Iane eldest of those thre was maried to Gilford Dudley the sonne of Iohn duke of Northumberland a mariage begunne in an vnfortunate houre for it brought with it destruction aswell to them bothe as to their parents and many others The sayd Ladye Catharin was espoused to Henry Harbert eldest sonne of VVilliam Erle of Pembroche And the Ladye Marye yongest of the said three was betrothed to Arthur Gray sonne of VVilliam Gray But bothe those contractes afterward by the procurement and special labour of the parentes rather than vpon good matter as I haue heard were in open court dissolued and pronounced to be of no validitie in law The like happened touching a priuie contract made betwene the same Lady Chatharin the Erle of Hartforde by whom she had two sonnes yet lyuing Of whome I will speak hereafter And thus farre touching the issue of the Lady Francise th one of the sayd two daughters of Charles Brandon by Mary the Frenche Queene Now let vs come to the sayd Lady Eleonor the other daughter of the sayd Mary This Eleonor was maried to George Clyfford Erle of Cumberland who had by her a daughter the Lady Margaret now wyfe to the Erle of Darby whiche two haue issue betwene them yet liuing And this is the true genealogie and pedegrue forsomuch as I could euer learn of all suche issue and ofspring descended of king Henry the seuenth and Queene Elizabeth his wyfe as at this day can claime any right title or interest in the Croune of England The remayn is to adde hereunto somewhat touching the progenie of the before named king Edward the fowerth The yssue of King Edvvard the fouerth This king Edward the fowerth the principall personne of the faction of the whyte Rose had two sonnes whom his brother Richard aspiring to the Croune a patern of the worst marke that euer was in the memory of man caused to be mordred And he had also fower daughters the eldest was Queene Elizabeth the before named wyfe of King Henry the seuenth the cheefe of the faction of the reade Rose as is before mentioned An other of the daughters was the Lady Catharin wyfe to VVilliā Courtney Erle of Deuonshire Of the other two daughters there is left no issue and therfore I omitt them This Lady Catharin had by the sayd Erle of deuonshire a sonne called Henrie Courtney whom his Cosin germain king Henry the eight caused to be beheaded vpon a pretense of treason This Henry Courtney left one onlye sonne called Edward Courtney whom in his tender yeres king Henry the
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
sufficient to satisfie euery honest and indifferent persone and able to persuade all such as are not obstinatly bent to their own partiall affections or not gyuen ouer to some sinister meanyng and factiouse dealing TO THE NOBILITIE AND people of England and Scotland A Poesie made by T. V. Englishman Dravve neare vvith heedfull eyes this booke peruse VVho that desires assuredlie to knovve Those iust decrees that English people vse For rightfull heyres to whom the Croune dothe grovve VVith gloriouse Rases of so riche a soyle And golden bondes of most assured peace VVhiche after vvarres and many a bloodie broyle Hath long time lasted and dothe still encrease By Henries vvyfe vvhom Stories seuenth doe name From vvhose renoumed stocke and princelie straine Marie novv present Quene of Scotland came And Iames her sonne as king to rule and raigne Vnder that Pole vvhiche vve the Northern call This ladie by her predecessors right Dothe looke the Englishe Croune to her shall fall Vertue to defend and people by her Might To guyde in peace vvhen Henries heyres are dead VVhiche vvas the eight in great renoume of late For then vvith right pretence vvho can procede To gayn saye her and spoyle her of her state And right to beare the svvaye in Englishe land But lest the simple man should grovve in doubt VVhat lavve allovves her for their heyr to stand Lesley vvell knovveing all the cause throughout As one that loues his Quene and common peace By busie toyle hathe brought this thing aboute And dothe his best to make false practise cease You Britaine 's therfore vvith attentiue heede Dravve neer and reape the croppe of this his seede Esteme his vvorke and vveighe his vvarninges vvyse That telles the truthe still one in vvoorde and mynde Regarde the right of her vvho once may ryse And rule in state your Quene to heauens resigned That onlie Realm is in most happie state VVhiche beares no Tyrannes rule nor blody band And whose renowmed Prince doeth euell hate And rules in peace the people of her land A TREATISE TOVVCHING THE RIGHT TITLE AND interest asvvell of the most excellent Princesse Marye Queene of Scotland as of the most noble Kyng Iames her Graces sonne to the succession of the Croune of England And first touching the Genealogie or pedegrue of suche Competitors as pretend title to the same Croune A DECLARATION OF THE TABLE folovveing touching the rase progenie of suche persones as descēding from the Princely families of Yorke and Lacastre doe eyther Iustlye clame or vniustlye aspire vnto the Croune of England set foorthe for this speciall intent that all men may clearlye see as by a plain demonstration and by the best proofe that can be of a true and laufull succession hovv the most Graciouse Princesse Marye Queene of Scotland and from by her the most noble King Iames the sixt of that name her Graces sonne ought Iustlye to barre all others contending to intrude them selues into the Royal Throne of the Realme of England before their time CERTAINE IT IS Queene of Scots right heir apparent of the Croune of England and assuredlie tried and knowen to all men that after the decease of Elizabeth now Queene of England without laufull yssue of her bodie the Soueraigne Gouernement of that Realme by right and iust title of a laufull succession is to remayn and come to Marie the most noble Queene of Scotland and from her to the sayd Kyng Iames. And this is suche an vndoubted truthe as the Aduersaries them selues are not able to denye it yf they will cast away all partiall affection of priuate quarrelles and sincerely discouer their owne consciences For A vvomā may haue the kingdome of England to let passe as sufficiently by others aunswered and clearly confuted that absurde paradox heretical assertion blowen abrode by vndiscrete and seditiouse libells against the regiment of women I make this full accoumpt and reckening as of a thing most clearly knowne and confessed in the hartes and myndes of euery true English man and as agreable with the lawes of God and nature that for default of heyr male inheritable to the Croune of England the next heir female in an ordinary course of inheritance succession is to be inuited called to the laufull possession of the Croune And that aswell by the auncient common lawe and custome of England yet in force as also by the Statutes and actes of Parliaments of that Realm and by the vsuall construction and continuall practise of the same In like manner it is euident and playne that the right noblye renoumed Princesse of famouse memorye Lady Margaret some tyme Queene of Scotland eldest daughter of the seuenth Henry King of England and of his most noble wyfe Queene Elizabeth the vndouted heir of the howse of Yorke was maried to Iames King of Scotland the fowerth of that name by whome she had one only sonne called king Iames the fift that the said most excellent Princesse Marye now Queene of Scotland is the sole daughter of the same King Iames the fift VVherupon it falleth owt that after the decesses of the heirs males of the bodies of the sayed kyng Henry the seuenth and Queene Elizabeth his sayd wyfe whithout laufull issue of their bodies then the right title and interest to the Croune of England ought to descend Margaret King Hēry the seuenth his eldest daughter graundmother to the Scottish Queene and come by a laufull course of inheritaunce and succession first before all others to the sayd most gracious Lady Marie Queene of Scotland as next heir in a laufull descent from her sayd graundmother the sayd Queene Margaret eldest daughter of the sayd King Henry the seuenth and of Queene Elizabeth his sayd wyfe Now this is a briefe narration of suche an vndoubted truthe as should nede no further explication if men were deuoutlye inclined to credit a truthe But because some men are by ambition so blynded caried away with their own phantasies as they mynd nothing more than with cōtentiouse quarrelles to obscure and deface this matter I must fet a further course and though the thing be playn enough of it selfe yet must it be delated with a larger discourse of many proofes experimentes and examples to the intent that all those Competitors and Chalengers whiche oppose them selues against her Maiesties right albeit of them selues they will not yeeld to reason may neuerthelesse be so conuinced and daunted as they shall haue nothing left to gaynsaye when the truthe of the cause shal be clearlye reuealed and sincerely layd open to the vewe of Princes and people of all nations Fyrst therefore I will set downe a Genealogie The argumēt of this vvorke and Pedegrue of the Kinges of England And I will deriue the same frome king Edward the thirde And so frome the most noble houses of Yorke and Lancastre in manner of an historie vntil these our dayes Then will I duelie examin suche argumētes as the Competitours
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
most open and euidente so it is moste conformable to the lawe of God of Nature and of that Realme And consequentlye in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Royal blood She is a Kinges and a Queenes daughter her selfe a Queene daughter as is before declared to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to the late King Henrie the eight VVhose daughter also the late Ladie Lenoux was by a later husbande But Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Eleonour late wife to the Earle of Cumberlande and their Progenie proceede from the Lady Marie Dowager of Fraunce yongest Sister of the sayd King Henrye late wyfe to Charles Brandon Duke of Suffolke as is before declared I might here fetche foorth olde farne dayes I might reache backe to the noble worthie Kings long before the Conquest of whose Royal blood she is descended VVhiche I Intend not to treat vpon at this tyme. And though perhappes it might seme not much to enforce her title yet may it serue to proue her no stranger to England being of so long continuance and so many wayes descended of the kings and Royal blood of that Realme But the Argumentes and prouffes whiche we meane to alleage and bring forth for the confirmation of her right and title in Succession as Heire apparent to the Croune of England are gathered and grounded vpon the lawes of God and nature and not onely receaued in the Ciuile policies of other nations but also in the olde lawes and Customes of the Realme of England by reason approued by vsage and longe continuance of tyme obserued from the first constitution of that Realme in politicall order vnto this present day And yet for all that hath it bene and yet is by some men attempted artificiallye to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the sayd iust title the whiche they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And though it were enough for vs our cause being so firmely and suerly established vpon all good reason and lawe to stande at defence and only to auoide as easely we may their obiections whiche principally and chiefly are grounded vpon the common lawes and Statutes of that Realme yet for the bettering and strengthening of the same we shall Lay forth sundrie great inuincible reasons conioyned with good and sufficient authoritie of the lawe so approued and confirmed that the Aduersaries shal neuer be able iustly to impugne them And so as we trust after the reading of this Treatise and the effectes of the same well digested no maner of scruple ought to remaine in any indifferent mans hart concerning her right and title VVhose expectation and conscience allthough we truste fully in this Discourse to satisfie doubt nothing of the righteousnes of our cause yet must we nedes confesse the manner forme to entreate therof to be full of difficulty perplexity For such causes of Princes as they be seldome and rare so is it more rare strange to finde them discoursed discussed and determined by any lawe or statute albeit nowe then some statutes tende that waye Inst de iust iure â— fin Neither do the lawes of England nor the Corps of the Romaine and Ciuil lawes medle so muche with the direction of the right L. princeps â— de leg l. dignuÌ„ vâ—x C. eodem and titles of kings as with priuate mens causes And yet this notwithstanding for the better iustification of our cause albeit it I denie not but that by the common lawe it must be knowen who ought to haue the Croune and that the common lawe muste discerne the right aswel of the Croune as of subiectes yet I saye that there is a great difference betwene the Kings right and the right of others The common lavve of England is rather grounded vpon a generall custome than vpon any lavve vvritten And that the title of the Croune of that Realme of England is not subiect to the rules and principles of the common lawe of that Realme as to be ruled and tryed after suche order and course as the inheritance of priuate persones is by the same For the proofe whereof let vs consider what the common lawe of that Realme is and how the rules thereof be grounded and do take place It is very manifeste and plaine In Prologo suo eiusdeÌ„ li. fo 1. 2. De dict Ranulpho Glanuilla vide Giraldum Cambren in topogra de VVallia that the common lawe of the Realme of England is no lawe written but is grounded onely vpon a common and generall custome throughout the whole Realme as appeareth by the Treatise of the auncient famous VVriter of the lawes of the Realme named Ranulphus de Glanuilla who wrote in the time of the noble King Henrie the second of the lawe and Custome of the Realme of England being then and also in the time of the raigne of King Richarde the firste the chiefe Counsailour and Iustice of the same king and also by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncellour of England De laudibus Legum Angliae Fortescue de lau Leg. Angl. c. 17. 8. E. 4. 19. 33. H. 6. 51. Pinsons prime And by 33. H. 6. 51. and by E. 4. 19. VVhiche Custome by vsage and continuall practise heretofore had in the kinges Courts within that Realme is onely knowen and mainteined wherein the English nation seeme much agreable to the olde Lacedemonians who many hundred yeres past Inst de in re natura gent. ciuil §. ex non script most politikely and famously gouuerned their common VVealth with lawe vnwritten whereas among the Athenians the writen lawes bare all the sway This thing being so true as with any reason or good authoritie it can not be denied then we are further to consider whether the kinges title to the Croune can be examined tried and ordered by this common Custome or no. Yf it may then must yt be proued by some recorde that it hath bene so vsed otherwise the aduersaries only say it and nothing at all proue it For nothing can be sayde by lawe to be subiecte to any custome vnlesse the same hath bene vsed accordingly and by force of the same custome But I am well assured The Aduersaries haue shevved no rule of the common lavve that bindeth the Croune that the aduersaries are not able to proue the vsage and practise thereof by any record in any of the Kings courts Yea I will further say and also proue that they neither haue shewed nor can shew any one rule general or special of the
we suppose they are ouer wise to goe about Bysides this I haue hard some of the aduersaries for further helpe of their intention in this matter say that king Henry the second was a Queenes childe so king by the rule of the common lawe Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by king Stephen And therefore king Henry the second can not iustly be sayed to be a Queene of Englandes childe nor yet any kynges childe vnlesse ye would intend the kinges children by the wordes of Infantes de Roy c to be children of further degree descended from the right line of the king for so ye might say truely that he was the child of king Henry the first being in deede the sonne and heire of Maude the Emperesse As touching Arthur King Richardes nephevve Vt autem pax ista suÌ„ma dilectio tam multiplici quam arctiori vinculo connectatur praedictis curiae vestrae magnatiê° id ex parte vestra tractantibus Domino disponeÌ„te condiximus inter ArthuruÌ„ egregium DuceÌ„ Britanniae nepoteÌ„ nostruÌ„ haeredeÌ„ si forte sine prole obire nos coÌ„tigerit filiaÌ„ vestraÌ„ matrimonium coatrahendum c. In trastatu pacis inter Richa 1. TancreduÌ„ RegeÌ„ Siciliae Vide Reg. Houeden Richardum Canonicum S. Trinitatis Londiu daughter and heire of kinge Henry the first VVhereby the saide rule of the aduersaries is here fowly foiled And therefore they would for the maintenance of theyr pretensed Maxime catche some holde vpon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde They say then like good and ioly Antyquaries that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected from the Croune for that cause it is very false Neither haue they any authoritie to proue theyr vaine opinion in this pointe For it is to be proued by the Cronicles of that Realme that king Richarde the first vncle vnto the sayd Arthur taking his iourney toward Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune which would not haue bene if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although king Iohn did vsurpe aswell upon the said king Richard the first his eldest brother as also vpon the sayd Arthur his nephewe yet that is no proof that he was reiected bycause he was borne out of the Realme Yf these menne could proue that then had they shewed some reason and president to proue their intent whereas hytherto they haue shewed none at all nor I am wel assured shall euer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by the Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of England These reasons and authorities may for this time suffice to proue that the Croune of that Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same VVhiche thing being true all the obiections of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of that Realme are fully answered and thereby clearly wiped away Yet for further arguments sake and to the ende we might haue all matters sifted to the vttermost and therby all things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of that Realme were to be examined and tried by the rules and principles of the common lawe and then let vs consider and examin further whether ther be any rule of the common lawe or els any statute that by good iust construction can seeme to impugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente from king Henry the seuenth and by his eldest daughter as we haue shewed there is no man so impudent to denie VVhat is there then to be obiected among all the rules Maximes and iugements of the common law of that Realm Only one rule as a general Maxime is obiected against her And yet the same rule is so vntruely set forth that I can not well agree that it is any rule or Maxime of the common lawe of the Realme of England Their pretensed Maxime is whosoeuer is borne out of the realme of England and of father and mother not being vnder the obedience of the king of England A false Maxime set forth by the aduersaries 7. E. 4. fol. 28. 9. E. 4 fol. 5. 11. H. 4. fol. 25. 14. H. 4. fol. 10. cannot be capable to inherite any thing in England VVhiche rule is nothing true but altogether false For euery stranger and Alien is hable to purchace the inheritance of landes within that Realm as it may appeare in 7. 9. of king Edward the fourth and also in 11. 14. of king Henrie the fourth And although the same purchasse is of some men accounted to be to the vse of the king yet vntill such time as the king be intitled there vnto by matter of Record the inheritance remaineth in the Alien by the opinion of all men And so is a very Alien capable of inheritance within that Realme And then it must nedes fall out verye plainlye that this generall Maxime where vpon the aduersaries haue talked and bragged so muche is now become no rule of the common lawe of that Realme And if it be so then haue they vtered very many woordes to small purpose But yet let vs see further whether there be any rule or Maxime in the common lawe that may seeme any thing like to that rule wherevpon any matter may be gathered against the title of the said Marie Queene of Scotland There is one rule of the common lawe in woordes some what like vnto that whiche hath bene alleaged by the aduersaries VVhich rule is set forth and declared by a statute made anno 25. of king Edward the third VVhiche statute reciting the doubt that then was whether infants borne out of the allegeance of England should be hable to demaund any heritage within the same allegeance or no it was by the same statute ordeined that all infantes inheritours whiche after that time should be borne out of the allegeaÌ„ce of the king whose father and mother at the time of their birth were of the faith and allegeance of the king of England should enioy the same benefittes and aduantages to haue and holde heritage within the said allegeance
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
of her this Henry the second being in FraÌ„ce VVhervpon the said king did reuiue and renue the like othe of allegeance aswell to her as to her sonne after her VVith the like false persuasion the Aduersaries abuse them selues and their Readers touchinge Arthur Duke of Britanie Nephewe to king Richard the first As though forsooth he were iustly excluded by kinge Iohn his vncle bycause he was a forainer borne If they had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of that Realme as may well appeare among other thinges by king Richard the second who succeded his grand father king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chaleng their title interest then should they haue had some countenaÌ„ce of reason probabilitie bicause many arguments the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficieÌ„t barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a moste vnsure and false grounde seeing it is moste true that Kinge Richard the first as we haue said declared the said Arthur borne in Britanie and not sonne of a King but his brother Geffreys sonne Duke of Britanie to be heire apparent his vncle Iohn yet liuing And for such a one is he taken in all our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other than for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away The possessions of the Croune of England that vvere beyond the seas seased into the Frenche kings haÌ„ds for the murther of Arthur For the whiche facte the French king seased vpon all the goodly Countries in Fraunce belonging to the kinge of England as forfeited to him being the chiefe Lorde By this outragious deede of king Iohn the kings of EnglaÌ„d lost Normandie withal and their possibilitie to the inheritance of all Britanie for the right and Title to the saide Britanie was dewe to the said Arthur and his heires by the right of his mother ConstaÌ„ce And though the said king Iohn by the practise ambition of Queene Eleonour his mother and by the special procurement of Hubert then Archebishop of Caunterburie of some other factious persones in England preuented the said Arthur his nephew as it was easy for him to do hauing gotten into his handes all his brother Richardes treasures besides many other rentes then in England and the said Arthour being an infant remaining beyond the sea in the custody of the said Constance yet of this fact being against all Iustice aswell the said Archebishop as also many of the other did after most earnestly repent considering the cruell and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himselfe Polid 15. Flor histo An. 1208 VVhich most foul and shameful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had bene barred to inherit the Croune of England And much lesse to haue imprisoned that moste innocent Ladie Eleonour sister to the sayd Arthur in Bristow Castle wher she miserably ended her lyfe if that gay Maxime would haue serued to haue excluded these two children bicause they were strangers borne in the partes beyond the seas Yea it appeareth in other doinges also of the said time and by the storie of the sayd Iohn that the birth out of the allegeance of England by father mother forain was not taken for a sufficient repulse and reiection to the right and title of the Croune For the Barons of England being then at dissention with the said king Iohn and renouncing their allegeance to him receaued Lewis the eldest soÌ„ne of Philip the FreÌ„ch king to be their king in the right of Blanche his wife which was a stranger borne all be it the lawful Neece of the said Richard daughter to AlphoÌ„se king of Castil begotten on the bodie of Eleonour his wife Levvis the French Kings son claimed the Croune of that Realme in the title of his vvyf Pro hereditate vxoris meae scilicet neptis Regis Ioanusque ad mortem si necessitas exigere decertabo Flor histo Anno. 1216. Haroldus muneribus genere fretê° regni diadema inuasiit H. Hunte hist Angli lib. 6. Cui regnum iure hereditario debebatur Ealredus Rhiual in histo R. Angliae ad H. 2. Cui de iure debebatur regnuÌ„ anglorum Io. Lond. in Chro. Angliae EadeÌ„ verba sunt in Math. VVestmon in flor hist a. 1066. VVhat calamities fell to the Realme by the vsurping of King Harolde King Stephen and Iohn Rex Edwardus misit c. vt vel ipse Eduardus filius ieus sibi succedereÌ„t c. Rich. Cicest vid. VVil. Malmest de reg Angl. E. 2 c. 4â— lib. 3. c. 5. one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn VVhich storie I alleage only to this purpose thereby to gather the opinion of the time that so raine birth was then thought no barre in the Title of the Croune For ortherwise how could Lewis of France pretend title to the Croune in the right of the said Blanche his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolus imaginations or otherwise worse depraued for a good sure and substantial interpretation of the common law And it were not altogether from the purpose here to consider and weigh with what how greuous plagues that Realme hath bene oft afflicted and scourged by reason of wrongfull vsurped titles I will not reuiue by odious rehearsal the greatenes and number of the same plagues as well otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remembrance extinct and buried I will now put the gentle Reader in remeÌ„brance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncient what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monuments of Historiographers do plainly testifie was the true lawful Heire Could he think you enioy his ambitious and naughty vsurping on whole entier yere No surely