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A05354 A treatise tovvching the right, title, and interest of the most excellent Princess Marie, Queene of Scotland, and of the most noble king Iames, her Graces sonne, to the succession of the croune of England VVherein is conteined asvvell a genealogie of the competitors pretending title to the same croune: as a resolution of their obiections. Compiled and published before in latin, and after in Englishe, by the right reuerend father in God, Iohn Lesley, Byshop of Rosse. VVith an exhortation to the English and Scottish nations, for vniting of them selues in a true league of amitie.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France. Selections Leslie, John, 1527-1596. 1584 (1584) STC 15507; ESTC S108494 94,307 147

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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 Corsetū 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 Oōquerors 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 consideratiōs 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 Eodē anno Rex cū in diebus suis processisset Aeldredū Vigornensē Episcopū ad Regē Hungariae transmittens reuocauit inde filium fratris sui Edmundi Eduardum cū tota familia sua vt vel ipse ver filii eiꝰ 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 Edmūd 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 lēf de reg Anglorū ad Regem Henr. ● 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 accōpted 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 compositiō not by proximitie of blood Rex Stephanus omni haerede viduatus praeter solū modo Ducē Henricum recognouit in conuētu Episcoporū aliorum de regno Optimatum quod Dux Henr. ius haereditariū ī regnū Angliae habebat Et Dux benigne concessit vt Rex Stephanꝰ tota vita sua suū Regnū pacifice possideret Ita tamen confirmatū est pactū quod ipse Rex ipsi tunc praesentes cū caeteris regni optimatibꝰ iurarēt quod Dux Henr. post mortē Regis si illum super●iueret regnum sine aliqua cōntradictione 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 successiō 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
and so impatient desire to rule and Raigne caried awaye the cruell mynde of an outragiouse Tyranne But I woote well that none of you at this day doe fauoure such aspirynge myndes ambitiouse desirers of Souereintye except those whiche seek their own priuate gayne by the generall discōmoditie of the whole Yle and preferre the doctrine of Machiauel before the institution of a Christian I hope therfore now that the olde reproche that was wont to be obiected against the English wil be quite forgotten It is a common prouerbe sayth Polidor that English menne by an olde custome haue least regarde of all other nations to the common wealthe of their own Countrie euer inclined to factions and by that meanes haue layed their countrie open to the spoyle and pray of their enemies And this to haue hapned to that nation experience teacheth vs. For in the begynnyng of that kyngdome as Polidor in his first booke reporteth when euery mightye manne sought to be a kyng great ciuil warres continued there so long till at the last the whole Soueraingntie came into the hādes of fyue Tyrannes Therfore throughe domesticall trouble and sedition it was then a barbarous cruell age For these inflamed with ambition to rule and incensed with mutuall hatred among them selues afflicted the inhabitantes of that countrey miserablye But at last when they had destroyed one an other the whole gouernement of the common wealthe was referred to one of the same countrey and by hym all thinges were reduced to vnitie and after long warres peace was established Cornelius Tacitus making mention of the factions of those rulers sayeth that the Britaine 's were so diuersely mynded and distracted in suche and so many parties as scarsely any two Cities wolde ioyne together against a common perill and thus whiles one dyd stryue against an other they went all to wrecke Besyde all this the lyke dissention fallynge amōg your Auncestours the Britaines of the South and the Britaine 's of the Northe nowe called Scottes brought the kyngdome of the one side vnto the Englyshe Saxones For these beyng called in by the Southern Britaines to ayd thē against the Scottish turned their weapōs against the Southern spoyled them of they re kyngdome Thus by experience the Britaines found these wordes to be true whiche Vigetius sayeth ciuill hatred maketh menne rashe to annoy their enemye and heedlesse to defende them selues But those Englishe Saxones when they had gotten the kyngdome were by discorde and factions very sone diuided in so muche as of one kyngdome there dyd seuen aryse and so many kinges withall by whose dissentions the publike weale was a long while dismembred till at last after many yeres the Soueraigntie of all came to Egbert alone He was the first that called the Southeparte of Britaine by the name of England Nowe then the Englishe Saxones recouered a force and waxed stronge Vherevpon the Scottyshe Britaines vnder the gouernement of king Achaius doubting that the Saxones wold seke to tyrannize ouer them as they had ouer the others entered in to a firme perpetuall league of allyance amitie with Charles the great called Charlemain King of Fraunce to the end that those two nations Frenshe and Scottishe should from tyme to tyme for euer ayde and succour one an other against their common enemye By occasion of a lyke dissention that fell among these Englyshe Saxones the Danes vnder conduct of kyng Swayn bereft the Saxones of the kyngdome of England And at last the Normannes vnder the leading of Duke VVilliam the Bastard cōquered the Realme of England And since that tyme hitherto the whole Yland hath remained vnder the gouernement only of two kynges VVhoe neuerthelesse being so fewe could not yet keepe peace and concorde amonge them selues But yf a man will seke to know a reason whye Britaine can not brooke the regiment of many Soueraignes as Germanie Italie and the famouse state of venice doe he shall fynde euen among them that there is but one vvhiche is the heade For thoughe the Princes of Germanie Lyue in great Libertie yet are they neuerthelesse all subiect to the authoritie of one Emperour a thing very commodious for preseruation of peace and concorde amonge them And for trueth in Italie there is no stayed forme of Gouernement sythe it is subiect to the rule and dominion not of one but of many in respecte whereof some writers are of opinion that it is lesse fortunate if not miserable As for the state of Venice Conteranus hath in effect witten thus For so muche saythe he as euery Citie by peace and vnion in mynde and consent is compact and buylt and that this vniformitie in consent and will can not be reteyned except some one persone haue a preeminence ouer all other aswell magistrates as Commons whiche may as it were of many seuerall dispersed members fashion and frame one entyre bodye It was therfore most wysely prouided and ordeyned by our predecessors that in our Citie there should be a certaine Royall power that one should be chosen which should be called Prince or Soueraign Hereupon I thynk it clear manifest that the Soueraigntie of one onlie persone is of all other most necessarye for a common wealthe And this playnly maybe perceyued not only in ciuil policie but in other matters also For by the prouidence of one God the whole worlde is ruled so is the bodye of man by one soule gouerned a shippe by one master is guyded and one howsehold or familye is directed by one father wherupon it foloweth that your Yle of Britaine can not commodiouslye be gouerned by manye Soueraignes This affection therfore to faction and cōtentiouse parttaking is to be of all men eschewed and abhorred specially of those whiche are brought vp in the house of God For it is theyr part dutye all partialitie priuate quarrells sett a syde to moue and exhort others as Sainct Augustin dyd to all thinges that among christians serue for the abolishing of stryfe and establyshing of concord whiche is nothing else but a quyetuesse and peace of minde fastened and fortifyed with the bond of loue and Charitie and suche a one as hateth all enmitie and priuye grudge and loueth all alyke For Charitie as Sainct Paul sayeth is patient 1 Cor. 13. benigne Charitie enuyeth not dealeth not peruersely is not puffed vpp is not ambitiouse thinketh not euell reioyseth not vpon iniquitie but reioyseth with truthe suffereth all thinges beleueth all thinges hopeth all thinges beareth all thinges Yf you embrace this sentence you will sone lay asyde all hatred disbourden your myndes of all disdeyn and arrogance and cast away your madde armure wherwith hitherto you haue vainly contended and without all fraud and guyle you will establyshe a perpetuall Christian profitable and assured peace vnder the quiet and stedfast gouernement of one Prince For so doeth bothe honestie and profitt admonishe vs to doe all our own aswell priuate as publique affayre requyre and exact the same
he meant to geue the same by his wil could not enioye it by the lawe VVherevpon ye may plainely see not onely the great vnlikelihod that King Henry the eight would make any such wil with such slender aduise but also that by the limitation of the said will the succcession of the Croune is made more vncertaine and doubtfull then it was before the making of the said Actes of Parlament VVhich is contrary to the meaning and intent of the said Actes and therefore without any sufficient warrant in law But peraduenture some here will say that although these daungers vncertainties might haue ensewed vpō the limitation of the said wil yet forasmuch as they haue not happened neither be like to happen they are therefore not to be spoken of Ye as verely it was not to be omitted For although these things haue not happened and therefore the more tolerable yet for as much as they might haue happened by the limitation of the said supposed will contrary to the meaning of the said Actes the will can not by any meanes be said to be made according to the meaning and intent of the makers of the said statutes And therefore in that respect the said will is insufficient in lawe And to aggrauate the matter farther ye shall vnderstand of great inconueniences and imminent daungers which as yet are likely to ensue if that supposed will should take place It is not vnknowen but that at the time of the making of the said will the said Lady Frācis had no issue male but onely three daughters betwene her Henrie Duke of Suffolke Afterward in the time of the late soueraigne Lady Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him VVhiche issue if it were a sonne be also yet liuing by the wordes of the said supposed will is to inherite the Croune of that Realme before the daughters betwene her and the said late Duke of Suffolke begotten whiche thing was neither intended nor meant by the makers of the said Actes VVho can with any reason or cōmō sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his letters Patents or last will to disherit the Queene of Scotland linially descended of the blood royal of that Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King Gouernour ouer that noble Realme of England The inconueniences whereof as also of the like that might haue followed of the pretensed Mariage of M. Keies the late Sergeante Porter I referre to the graue considerations and iudgementes of the honorable and worshipfull of that Realme Some peraduenture will say that King Henry the eight meant by his will to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten not vnto the heires by any other person to be begotten VVhich meaning although it might very hardly be gathered vpon the said supposed will yet can not the same be without as great inconueniences as the other For if the Croune should now remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of that Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is cōpted in law a ioynt purchase doth make all the issue female inheritable a like and can not go according to the aunciēt law of a descent to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differences be in law where one cometh to any Title by descent and where as a purchassor And also if the one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors so might their issue being heirs femals make the gouernmēt grow infinite VVhich thing was most farre frō the meaning of the makers of that Acte of Parlament VVhat if the said King had by his last will disposed that realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent that Realme into partes Had this bene according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto the heires of the body of the said Lady Francis by the said supposed will Now to complete and finish this our Treatise touching the Queene of Scotlāds Title to the succession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed wil was signed with the kings own hand Let the heires of the Lady Frācis come forth in Gods name lay forth to the world their demaund supposed right against the said Q. of Scotlāds interest The Queene on the other side to fortifie strēghten her clame layeth foorth to the open sight of all the worlde her iust title and interest signed and alwaies a fore this time allowed not onely as with the Seales but with the othes also of al the kings that euer were in England taken at the time of their Coronation for the continuance of the lawes of that noble Realme of England signed and allowed I say almost of all the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Frācis or others bringe foorth to ground their iust clame and demaund vpon VVhen all is done they are faine to runne and catche hold vpō king Henry the eightes written will signed with his owne hāde VVel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original will It is well knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some authentical record of the same It is also notorious that they can not If then the foundation of