sufficient to satisfie euery honest and indifferent persone and able to persuade all such as are not obstinatly bent to their own partiall affections or not gyuen ouer to some sinister meanyng and factiouse dealing TO THE NOBILITIE AND people of England and Scotland A Poesie made by T. V. Englishman Dravve neare vvith heedfull eyes this booke peruse VVho that desires assuredlie to knovve Those iust decrees that English people vse For rightfull heyres to whom the Croune dothe grovve VVith gloriouse Rases of so riche a soyle And golden bondes of most assured peace VVhiche after vvarres and many a bloodie broyle Hath long time lasted and dothe still encrease By Henries vvyfe vvhom Stories seuenth doe name From vvhose renoumed stocke and princelie straine Marie novv present Quene of Scotland came And Iames her sonne as king to rule and raigne Vnder that Pole vvhiche vve the Northern call This ladie by her predecessors right Dothe looke the Englishe Croune to her shall fall Vertue to defend and people by her Might To guyde in peace vvhen Henries heyres are dead VVhiche vvas the eight in great renoume of late For then vvith right pretence vvho can procede To gayn saye her and spoyle her of her state And right to beare the svvaye in Englishe land But lest the simple man should grovve in doubt VVhat lavve allovves her for their heyr to stand Lesley vvell knovveing all the cause throughout As one that loues his Quene and common peace By busie toyle hathe brought this thing aboute And dothe his best to make false practise cease You Britaine 's therfore vvith attentiue heede Dravve neer and reape the croppe of this his seede Esteme his vvorke and vveighe his vvarninges vvyse That telles the truthe still one in vvoorde and mynde Regarde the right of her vvho once may ryse And rule in state your Quene to heauens resigned That onlie Realm is in most happie state VVhiche beares no Tyrannes rule nor blody band And whose renowmed Prince doeth euell hate And rules in peace the people of her land A TREATISE TOVVCHING THE RIGHT TITLE AND interest asvvell of the most excellent Princesse Marye Queene of Scotland as of the most noble Kyng Iames her Graces sonne to the succession of the Croune of England And first touching the Genealogie or pedegrue of suche Competitors as pretend title to the same Croune A DECLARATION OF THE TABLE folovveing touching the rase progenie of suche persones as descēding from the Princely families of Yorke and Lacastre doe eyther Iustlye clame or vniustlye aspire vnto the Croune of England set foorthe for this speciall intent that all men may clearlye see as by a plain demonstration and by the best proofe that can be of a true and laufull succession hovv the most Graciouse Princesse Marye Queene of Scotland and from by her the most noble King Iames the sixt of that name her Graces sonne ought Iustlye to barre all others contending to intrude them selues into the Royal Throne of the Realme of England before their time CERTAINE IT IS Queene of Scots right heir apparent of the Croune of England and assuredlie tried and knowen to all men that after the decease of Elizabeth now Queene of England without laufull yssue of her bodie the Soueraigne Gouernement of that Realme by right and iust title of a laufull succession is to remayn and come to Marie the most noble Queene of Scotland and from her to the sayd Kyng Iames. And this is suche an vndoubted truthe as the Aduersaries them selues are not able to denye it yf they will cast away all partiall affection of priuate quarrelles and sincerely discouer their owne consciences For A vvomā may haue the kingdome of England to let passe as sufficiently by others aunswered and clearly confuted that absurde paradox heretical assertion blowen abrode by vndiscrete and seditiouse libells against the regiment of women I make this full accoumpt and reckening as of a thing most clearly knowne and confessed in the hartes and myndes of euery true English man and as agreable with the lawes of God and nature that for default of heyr male inheritable to the Croune of England the next heir female in an ordinary course of inheritance succession is to be inuited called to the laufull possession of the Croune And that aswell by the auncient common lawe and custome of England yet in force as also by the Statutes and actes of Parliaments of that Realm and by the vsuall construction and continuall practise of the same In like manner it is euident and playne that the right noblye renoumed Princesse of famouse memorye Lady Margaret some tyme Queene of Scotland eldest daughter of the seuenth Henry King of England and of his most noble wyfe Queene Elizabeth the vndouted heir of the howse of Yorke was maried to Iames King of Scotland the fowerth of that name by whome she had one only sonne called king Iames the fift that the said most excellent Princesse Marye now Queene of Scotland is the sole daughter of the same King Iames the fift VVherupon it falleth owt that after the decesses of the heirs males of the bodies of the sayed kyng Henry the seuenth and Queene Elizabeth his sayd wyfe whithout laufull issue of their bodies then the right title and interest to the Croune of England ought to descend Margaret King Hēry the seuenth his eldest daughter graundmother to the Scottish Queene and come by a laufull course of inheritaunce and succession first before all others to the sayd most gracious Lady Marie Queene of Scotland as next heir in a laufull descent from her sayd graundmother the sayd Queene Margaret eldest daughter of the sayd King Henry the seuenth and of Queene Elizabeth his sayd wyfe Now this is a briefe narration of suche an vndoubted truthe as should nede no further explication if men were deuoutlye inclined to credit a truthe But because some men are by ambition so blynded caried away with their own phantasies as they mynd nothing more than with cōtentiouse quarrelles to obscure and deface this matter I must fet a further course and though the thing be playn enough of it selfe yet must it be delated with a larger discourse of many proofes experimentes and examples to the intent that all those Competitors and Chalengers whiche oppose them selues against her Maiesties right albeit of them selues they will not yeeld to reason may neuerthelesse be so conuinced and daunted as they shall haue nothing left to gaynsaye when the truthe of the cause shal be clearlye reuealed and sincerely layd open to the vewe of Princes and people of all nations Fyrst therefore I will set downe a Genealogie The argumēt of this vvorke and Pedegrue of the Kinges of England And I will deriue the same frome king Edward the thirde And so frome the most noble houses of Yorke and Lancastre in manner of an historie vntil these our dayes Then will I duelie examin suche argumētes as the Competitours
doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
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
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
coÌ„mon lawe of that realme that hath bene taken by any iust coÌ„struction to extende vnto or bind the King or his Croune I will not denie but that to declare set forth the prerogatiue and Iurisdiction of the King they may shewe many rules of the lawe but to binde hym as I haue sayde they can shewe none The obiections of the aduersaries touching Aliens borne are clearlie auoided OVR aduersaries in a booke gyuen out by them touching this succession doe alleige for a Maxime in lawe most manifest that who so euer is borne out of England and of father and mother not being vnder obedieÌ„ce of the King of England can not be capable to inherite any thing in England VVhiche rule being generall without any wordes of exception they also say must nedes extende vnto the Croune VVhat they meane by lawe I knowe not But if they meane as I thinke they do the common lawe of England I answere there is no suche Maxime in the common lawe of the Realme of Englande as hereafter I shall manifestly proue But if it were for argumentes sake admitted for this time that it be a Maxime or general rule of the common lawe of England yet to saye that it is so general as that no exception can be taken against the same rule they shewe them selues either ignorant 25. E. 3. or els very carelesse of their credite For it doth plainely appeare by the Statute of 25. E. 3. being a declaration of that rule of the lawe which I suppose they meane in terminge it a Maxime that this rule extendeth not vnto the Kinges children VVhereby it moste euindently appeareth that it extendeth not generally to all And if it extende not to binde the Kinges children in respect of any inheritance descended vnto them from any of their Auncestours it is an Argument á forâ—iori that it doth not extende to binde the king or his Croune And for a full short answere to their Authorities sett foorth in their marginall Notes as 5. Edvvard 3. tt Aylâ— 1â— Edvva 3. tt Bref 31. Edvva 3. tt Cosen 42 Ed. 3 fol. 2 22 Henric. 6 fol. 42. 11. Henric. 4. 23. 24. Litleton ca. vileâ—age it may plainly appeare vnto all that will reade and peruse those Bookes that there is none of them all that doth so muche as with a peece of a word or by any colour or shadow seeme to intende that the title of the Croune is bounde by this their supposed generall rule or Maxime For euerie one of the said Cases argued and noted in the said Booke are onely concerning the dishabilitie of an Alien borne and not Denizon to demaunde any landes by the lawes of the Realme by suite and action onely as a subiect vnder the King The aduersaries case perteineth to subiectes onely and nothing touching any dishabilitie to be laied to the King hymselfe or to his subiectes Is there any coÌ„trouersie about the title of the Croune by reason of any suche dishabilitie touched in any of these Bookes No verely not one woord I dare boldely say As it may most manifestly appeare to them that will reade and pervse those bookes And yet the aduersaries are not ashamed to note them as sufficient authorities for the maintenance of their euill purpose and intent But as they would seeme to vnderstand that their rule of dishabilitie is a generall Maxime of the lawe so me thinketh they should not be ignorant that it is also as general No Maxime of the lavve bindeth the Croune vnles the Croune specially be named yea a more general rule Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the king or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is their sayd supposed Maxime and yet neither the king nor the Croune is by any of them bound As for example it is very plaine 1. Of Tenant by the curtesy that the rule of Tenante by the Curtesie is general without any exception at all And yet the same bindeth not the Croune neither doth extende to geue any benefite to him that shall Marie the Queene of England As it was plainely agreed by all the lawiers of that Realme when king Philip was maried vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philip and Queene Marie and of all the states of that Realme it was enacted 2. Nor that the landes shal be diuided among the daughters that king Philip should not clame any title to be Tenaunt by the Curtesie It is also a general rule that if a man dye seysed of any landes in Fee simple without yssue male hauing diuerse daughters the lande shal be equally diuided among the daughters VVhich rule the learned men in the lawes of that Realme agreed in the lyfe of the late noble Prince Edwarde and also euery reasonable man knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth all 3. Nor the vvife shall haue the third part as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed haue the third parte of the best possessions of her husband And yet it is verie clere 5. E. 3. Tit. praeroga 21. E. 3. 9. 28. H. 6. that a Queene shall not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3. 9. 28. H. 6. and diuers other bookes Bysides this the rule of Possessio fratris 4. Nor the rule of Possessio fratris c. being generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shall succede and not the sister of the whole blood as may appeare by Iustice Moile and may be proued by King Etheldred brother and successor to king Edward the Martyr and by kyng Edward the Confessor brother to king Edmunde and by diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister VVho both in all recordes of the lawe wherein their seuerall rightes and titles to the Croune are pleaded as by daily experience in the Exchequer in all other Courtes is manifest doe make their conueiance as heires in blood the one to the other whiche if they were coÌ„mon or priuate persons they could not be allowed in lawe they as is well knowen being of the halfe blood one to the other that is to wit begotten of one father 5. Nor that the executour shall haue the goods and Chattles of the testatour 7. H. 4. fol. 42. but borne of sundrie mothers It is also a generall rule in the lawe that the executour shall haue the goodes and
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
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
exclude the said Queene of Scotland being called to the Croune by the Title of generall heritage then is the municipial law of France likewise good and effectual consequeÌ„tly the kings of England haue made all this while an vniust wrongfull clame to the Croune of FraÌ„ce But now to go somewhat further in the matter or rather to come neerer home and to touche the quicke we say as there was some apparent good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Queene Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and will whiche may easely be altered and counterfeyted and least of all make suche assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison This supposed vvill geueth occasion of ambitious aspiring For the Kinges example and boldnes in interrupting and cutting away so many branches of the neerest side and line might soone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the Kinge him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis And did not I pray you this drift and deuise fall out euen so tending to the vtter exclusion of the late Queene Marie and her Sister Queene Elizabeth if God had not repressed and ouerthrowen the same These reasones then presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of the Aduersaries grounded vpon vncertaine and mere surmises ghesses and coÌ„iectures as among other that the king was offended with the Queene of Scotland and with the Ladie Leneux VVhich is not true And as for the Ladie Leneux it hath no maÌ„ner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the king would haue especially at that time for suche cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realme or was it thinke ye euer thought by the Parlament that the king should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offeÌ„ded with the Frenche Queenes children why did he disherite the Ladie Francis and the Ladie Eleonor also Their other presumption which they ground vpon the auoyding of the vncertenty of the succession by reason of his will is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure as contrarywise it is subiecte to more vncerteintie and to lesse suertie than before Succession to the Croune more vncerten by the supposed vvill than before For whereas before the right and clame to the Croune hong vpon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vpon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoyded so now depending vpon the statute onely it is as easie by an other statute to be infringed and ouerthrowen and depending vpon a Testament it is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the witnesses vnexamined for many other like coÌ„sideratioÌ„s The Monuments of all antiquitie Much forgerie and counterfeyting of TestameÌ„ts the memorie of al ages of our owne age dayly experience can tel and shewe vs many lamentable examples of many a good lawfull TestameÌ„t by vndue and craftie meanes by false suborned witnesses by the couetous bearing and maintenance of such as be in authoritie quite vndone and ouerthrowne VVherefore Valerius Maximus crieth out against M. Crassus Valerius Maximus dict et fa. lib. 9. 6. 4. and Q Horiensius Lumina Curiae ornamenta Fori quod â—celus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presuÌ„ption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the king would not hasard the weight and importance of such a matter to reste vpon the validitie or inualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare will and Testament Ye shall nowe heare also why we thinke he did neuer attempt or enterprise any such thing It is well knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of all Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse full and sufficient proofe necessarily enforce creditte that the King to his no present commoditie and aduantage but yet to his greate dishonour and to the greate obloquie of his subiectes and other Countries to the notable disherison of so may the next royall blood did vse any such authoritie as is surmised Againe if he had made any suche assignation who doubteth but that as he coÌ„ditioned in the said pretensed will with his noble daughters In this supposed vvill is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters to marie with his Counsels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Eleonours heirs to the same condition Further more I am driuen to thinke that there passed no such limitation by the said king Henries will by reason there is not nor was these many yeares any original copy therof nor any authentical Record in the ChaÌ„cerie or els where to be shewed in all England as the Aduersaries them selues confesse And in the copies that be spread abrode the witnesses pretended to be preseÌ„t at the signing
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
wise shift but that the Acte without it muste perish and be of no valewe then say they wee vndoe whole Parlamentes aswel in Queene Maries time as in kings Henry the eightes time In Queene Maries time bicause she omitted the Style appointed by Parlamente Anno Henrici octaui tricesimo quinto An. H. 8.35 An. H. 8.33 21. In kinge Henries tyme by reason there was a statute that the kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hāde though he be not there personally And yet did the saied king supplie full ofte his consente by the stampe only This yet notwithstanding the said Parlamentes for the omission of these formes so exactely and precisely appointed are not destroyed and disannulled An ansvver by the vvay of reioinder to the same After this sorte in effecte haue the Aduersaries replied for the defence of the said pretensed will To this we will make our reioynder saye Firste that our principal matter is not to ioyne an issewe whether the saide kinge made and ordeyned any sufficient will or no. VVe leaue that to an other time But whether he made any Testamēt in suche order and forme as the statute requireth VVherefore if it be defectiue in the said forme as wee affirme it to be were it otherwise neuer so good and perfect though it were exemplified by the great Seale and recorded in Chancerie and taken commonly for his VVil and so accomplished it is nothing to the principal question It resteth then for vs to cōsider the weight of the aduersaries presumptions whereby they would inforce a probabilitie that the Testamēt had the foresaid requisite forme Yet first it is to be considered what presumptions and of what force number do occurre to auoide and frustrate the Aduersaries presumptions and all other like Diuers presumptions reasons against this supposed vvill VVe say then there occurre many likelyhoddes many presumptions many great and weightie reasons to make vs to thinke that as the king neuer had good and iuste cause to minde enterprise suche an Acte as is pretended so likewise he did enterprise no such Acte in deede I deny not but that ther was such authoritie geuen him neither I deny but that he might also in some honorable sort haue practised the same to the honour and wealthe of the Realme and to the good contentation of the same Realme But that he had either cause or did exercise the said authoritie in suche strange dishonorable sort as is pretended I plainely denie For being at the time of this pretēsed will furnished and adorned with issue the late king Edward and the Ladies Marie and Elizabeth their state and succession being also lately by Acte of Parlament established what neede or likelyhod was there for the king then to practise such newe deuises as neuer did I suppose any King in that Realme before and fewe in any other byside And where they were practised commonly had infortunate and lamentable successe VVhat likelyhode was there for him to practise such deuises especially in his later daies when wisdome the loue of God and his Realm should haue bene moste ripe in him that were likely to sturre vppe a greater fier of greeuouse contention and wofull destruction in England then euer did the deadly faction of the read Rose the white lately by the incorporation and vnion of the house of Yorke and Lancastre in the person of his father through the mariage of Ladye Elizabeth eldest daughter of King Edwarde the fourth moste happily extinguished and buried And though it might be thought or said that there vould be no such cause of feare by reason the matter passed by Parlament yet could not he be ignorāt that neither Parlamēts made for Hēry the fourth or cōtinuance of twoo Descentes which toke no place in geuing any Title touching the Croune in King Henry the sixt nor Parlamentes made for King Richard the third nor Parlaments of attainder made against his father could either preiudice his fathers right or releaue other against such as pretended iust right and title And as he could not be ignorant therof so it is not to be thought that he would abuse the great confidence put vpon him by the Parlament and disherite without any apparent cause the next roial blood and thinke all thinges sure by the colour of Parlamēt The litle force whereof against the right inheritour he had to his fathers and his owne so ample benefit so lately and so largely sene and felt And yet if he minded at any time to preiudice the said Lady Marie Queene of Scotland of all times he would not haue done it then when all his care was by all possible meanes to contriue and compasse a mariage betwene his sonne Edward and the said Lady and Queene Surely he was to wise of him selfe and was furnished with to wise Counsailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherison for any speciall inclinatiō or fauour he bare to the French Queene his sisters children For there haue bene of his neere priuie Counsaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howesoeuer this matter goeth certeine it is that if this pretensed will be true he transferred and transposed the reuersion of the Croune not only from the Queene of Scotland from the Ladie Leneux and their issue but euen from the Lady Francis the Ladie Eleonour also daughters to the Frēche Queene whiche is a thing in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remembrance of two other most pregnant and notable cōiectures and presumptions For among all other inconueniences and absurdities that do and may accompanie this rash vnaduised acte by this pretensed wil inconsiderately mainteined it is principally to be noted The supposed vvill is preiudicial to the Croune of England for the clame of the Croune of France that this Acte geueth apparent iust occasion of perpetual disherison of the Style Title of France incorporated and vnited to the Croune of England For whereby do or haue the Frenchemen hitherto excluded the kinges of that Realme claming the Croune of France by the title of Edward the third fallen vpon him by the right of his mother other than by a politike and ciuil law of their owne that barreth the female frō the right of the Croune And what doeth this pretensed Act of king Henrie but iustifie and strengthen their quarel and ouerthrow the foundatiō bulworke wherby the kings of England maintene their foresaid title and clame For if they may by their municipial lawe of England
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