desired peace which ever since wee have enjoyed by the raigne of their two most noble issue so the plot that now is in hand for the cutting off the residue of that issue and for recalling backe of the whole Title to the House of Yorke againe is like to plung us deeper then ever in civile discord and to make us the bait of all forraine Princes seeing there be among them at this day some of no small power as I have said who pretend to bee the next heires by the House of Lancaster and consequently are not like to give over or abandon their owne right if once the doore bee opened to contention for the same by disanulling the Line of King Henry the seventh wherein onely the keyes of all concord remaine knit together And albeit I know well that such as be of my Lord of Huntingtons party will make small accompt of the Title 〈◊〉 Lancasteâ— as lesse rightfull a great deale then that of Yorke and I for my part meane not greatly to avow the same as now it is placed being my selfe no favourer of forraine Titles yet indifferent men have to consider how it was taken in times past and how it may againe in time to come if contention should arise how many Noble personages of our Realme did offer themselves to die in defence thereof how many Oaths and Lawes were given and received throughout the Realme for maintenance of the same against the other House of Yorke for ever how many worthy Kings were crowned and raigned of that House and Race to wit the foure most Noble Henries one after another the fourth the fift the sixt and the seventh who both in number government sanctity courage and feats of armes were nothing inferiour if not superiour to those of the other House and Line of Yorke after the division betweene the Families It is to bee considered also as a speciall signe of the favour and affection of our whole Nation unto that Family that Henry Earle of Richmond though discending but of the last Sonne and third Wife of John of Gaunt Duke of Lancaster was so respected for that onely by the universall Realme as they inclined wholly to call him from banishment and to make him King with the deposition of Richard which then ruled of the House of Yorke upon condition onely that the said Henry should take to Wife a Daughter of the contrary Family so great was in those dayes the affection of English hearts towards the Line of Lancaster for the great worthinesse of such Kings as had raigned of that Race how good or bad soever their Title were which I stand not here at this time to discusse but onely to insinuate what party the same found in our Realme in times past and consequently how extreame dangerous the contention for the same may be hereafter especially seeing that at this day the remainder of that Title is pretended to rest wholly in a stranger whose power is very great Which we Lawyers are wont to esteeme as a point of no smaâ—l importance for justifying of any mans title â—o a Kingdome You Lawyers want not reason in that Sir quoth I howsoever you want right for if you will examine the succession of governements from the beginning of the Wâ—rld untill this day either among Gentile Jew or Christian people you shall finde that the sword haâ—h â—eene alwayes bâ—tter thâ—n halfe the title to get estâ—bliâ—h or maintaâ—ne a Kingdome which maketh 〈◊〉 â—hâ—â—ore apalled to heare you discourse in such sort of new contentions and forraine titles accompanied wâ—th such power and strength of the titlers which cannot bee but infinitely dangerous and fatall to our Realme if once it come to actâ—on both for the division thâ—t is like to be at home and the variety of partâ—es from abâ—oad For as the Prince whoâ— you signifie will not faile by all likelyhood to pursue his title with all forces that hee can make if occasion were offered so reason of state and policy will enforce other Princes adjoyning to let and hinder him therein what they can and so by this meanes shâ—ll we become Juda and Isrâ—el among our selves one killing and vexing the othâ—r with the sword and to forraine Princes we shall be as the Iland of Salamina was in old time to the Athenians and Megatians and as the Iland of Cicilia was afterward to the Grecians Carthaginians and Romans and as in our dayes the Kingdome of Naples hath beene to the Spaniards French-men Germans and Venetians That is a bait to feed upon and a game to fight for Wherefore I beseech the Lord to avert from us all occasions of such miseries And I pray you Sir for that wee are fallen into the mention of these matters to take so much paines as to open unto me the ground of these controversies so long now quiet betweene Yorke and Lancaster seeing they are now like to bee raised againe For albeit in generall I have heard much thereof yet in particular I either conceive not or remember not the foundation of the same and much lesse thâ— state of their severall titles at this day for that it is a study not properly pertaining unto my profession The controversie betweene the Houses of Yorke and Lancaster quoth the Lawyer took his actuall beginning in the issue of King Edward the third who died somewhat more then two hundred yeares agone but the occasion pretence or cause of that quarrell began in the children of King Henry the third who died an hundred yeares before that and left two Sonnes Edward who was King after him by the name of Edward the first and was Grandfather to Edward the third and Edmond for his deformity called Crookebacke Earle of Lancaster and beginner of that House whose inheritance afterward in the fourth discent fell upon a Daughter named Blanch who was married to the fourth Son of King Edward the third named John of Gaunt for that he was borne in the City of Gaunt in Flanders and so by this his first wife hee became Duke of Lancaster and heire of that House And for that his Son Henry of Bolingbrooke afterward called King Henry the fourth pretended among other things that Edmond Crookeback great Grandfather to Blanch his mother was the elder Sonne of King Henry the third and unjustly put by the inheritance of the Crowne for that he was Crook-backed and deformed hee tooke by force the Kingdome from Richard the second Nephew to King Edward the third by his first Sonne and placed the same in the House of Lancaster where it remained for three whole discents untill afterward Edward Duke of Yorke descended of Iohn of Gaunts yonger brother making claime to the Crowne by title of his Grandmother that was heire to Lionel Duke of Clarence Iohn of Gaunts elder Brother tooke the same by force from Henry the sixt of the House of Lancaster and brought it backe againe to the
House of Yorke where it continued with much trouble in two Kings onely untill both Houses were joyned together in King Henry the seventh and his noble issue Hereby wee see how the issue of Iohn of Gaunt Duke of Lancaster fourth Son to King Edward the third pretended right to the Crowne by Edmond Crookebacke before the issue of all the other three Sonnes of Edward the third albeit they were the elder Brothers whereof wee will speake more hereafter Now Iohn of Gaunt though hee had many children yet had he foure onely of whom issue remaine two Sonnes and two Daughters The first Son was Henry of Bolingbrooke Duke of Lancaster who tooke the Crowne from King Richard the second his Unkles Sonne as hath beene said and first of all planted the same in the House of Lancaster where it remained in two discents after him that is in his Son Henry the fift and in his Nephew Henry the sixt who was afterward destroyed together with Henry Prince of Wales his onely Sonne and Heire and consequently all that Line of Henry Bolingbâ—ooke extinguished by Edward the fourth of the House of Yorke The other Son of Iohn of Gaunt was Iohn Duke of Somersâ—t by Katherine Sfinsford his third wife which Iohn had issue another Iohn and he Margaret his Daughter and Heire who being married to Edmond Tyder Earle of Richmond had issue Henry Earle of Richmond who after was named King Henry the seventh whose Line yet endureth The two Daughters of John of Gaunt were married to Portugall and Castile that is Philip borne of Blanch Heire to Edmond Crookeback as hath beene said was married to Iohn King of Portugall of whom is descended the King that now possesseth Portugall and the other Princes which have or may make title to the same and Katherin borne of Constanâ—e Heire of Castile was married back againe to Henry King of Castile in Spaine of whom King Philip is also descended So that by this wee see where the remainder of the House of Lancaster resteth if the Line of King Henry the seventh were extinguished and what pretext forraine Princes may have to subdue us if my Lord of Huntington either now or after hâ—r Majesties dayes will open to them the doore by shutting out the rest of King Henries Line and by drawing backe the title to the onely House of Yorke againe which he pretendeth to doe upon this that I will now declare King Edward the third albeit he had many children yet five onely will we speake of at this time Whereof three were elder then Jâ—hn of Gaunt and one yonger The first of the elder was named Edward the blacke Prince who died before his Father leaving one onely Sonne named Richard who afterward being King and named Richard the second was deposed without issue and put to death by his Cosin germain named Henry Bolingbrooke Duke of Lancaster Son to John of Gaunt as hath beene said and so there ended the Line of King Edwards first Sonne King Edwards second Sonne was William of Hatfâ—â—ld that died without issue His third Sonne was Leonell Duke of Clarence whose onely Daughter and Heire called Phâ—â—ip was married to Edmond Mortimer Earle oâ— Marcâ— and after that Anneâ—he â—he Daughter and Heire of Mortimer was married to Richard Plantagiâ—et Duke of Yorke Son and Heire to Edmond of Langâ—â—y the first Duke of Yorkâ— which Edmond was the fift Son of King Edward the third and younger Brother to John of Gaunt And this Edmond of Lanâ—ley may bee called the first beginner of the Hâ—use of Yorke even as Edmond Crookback the beginner of the House of Lancaster This Edmond Langley then having a Sonne named Richard that married Anne Mortimer sole Heire to Leonell Duke of Clarence joyned two Lines and two Titles in one I meane the Line of Leonell and of Edmond Langley who were as hath bin said the third and the fift Sonnes to King Edward the third And for this cause the childe that was borne of this marriage named after his Father Richard Plantaginet Duke of Yorke seeing himselfe strong and the first Line of King Edward the thirds eldest Son to be extinguished in the death of King Richard the second and seeing William of Hatfield the second Sonne dead likewise without issâ—e made demand of the Crowne for the House of Yorke by the title of Leonell the third Sonne of King Edward And albeit hee could not obtaine the same in his dayes for that hee was slaine in a Battell against King Henry the sixt at Wakefield yet his Sonne Edward got the same and was called by the name of King Edward the fourth This King at his death left divers children as namely two Sonnes Edward the fift and his Brother who after were both murdered in the Tower as shall be shewed and also five Daughters to wit Elizabeth Cicily Anne Katherine and Briget Whereof the first was married to Henry the seventh The last became a Nunne and the other three were bestowed upon divers other husbands Hee had alâ—o two Brothers the first was called George Duke of â—larence who afterward upon his deserts as is to be supposed was put to death in Callis by commandement of the King and his attainder allowed by Parliamâ—nt And this man left behinde him a Sonne named Edward Earle of Warwick put to death afterward without issue by King Henry the seventh and a Daughter named Margaret Countessâ— of â—alisâ—ury who was married to a meane Gentleman named Richarâ— Poole by whom she had issue Cardinall Poole that died without marriage and Henry Poole that was attainted and executed â—n King Henry the eight his time as also her selfe was and this Henry Poole left a Daughter married afterward to the Earle of Huntington by whom this Earle that now is maketh title to the Crowne And this is the effect of my Lord of Huntingtons title The second Brother of King Edward the fourth was Richard Duke of Gâ—ocester who after the Kings death caused his two Sonnes to be murdered in the Tower and tooke the Kingdome to himselfe And afterward he being slaine by King Henry the seventh at Bosâ—â—orth-field left no issue behind him Wherefore King Henry the seventh descending as hath bin shewed of the House of Lancaster by John of Gaunts last Sonne and third Wife and taking to Wife Lady â—lizabeth eldest daughter of King Edward the fourth of the House of Yorke joyned most happily the two Families together and made an end of all controversies about the title Now King Henry the seventh had issue three Children of whom remaineth posterity First Henry the eighth of whom is descended our Soveraigne her Majesty that now happily raigneth and is the last that remaineth alive of that first Line Secondly he had two Daughters whereof the first named Margaret was married twice first to James King of Scotland from whom are directly discended the Queene of Scotland that now liveth and her Sonne and
King James being dead Margaret was married againe to Archihald Douglas Earle of Anguish by whom shee had a Daughter named Margaret which was married afterward to Mathew Steward Earle of Lenâ—x whose Sonne Charles Steward was married to Elizabâ—th Candish Daughter to the present Countesse of Shrewsbury and by her hath left his onely Heire a little Daughter named Arbella of whom you have heard some speech before And this is touching the Line of Scotland descending from the first and eldest Daughter of King Henry the seventh The second Daughter of King Henry the seventh called Mary was twice married also first to the King of France by whom she had no issue and after his death to Charles Brandon Duke of Suffolke by whom she had two Daughters that is Francis of which the Children of my Lord of Hartford do make their claime and Elenor by whom the issue of the Earle of Darby pretendeth right as shall be declared For that Francis the first Daughter of Charles Brando4 by the Queene of France was married to the Marquesse of Dorset who after Charles Brandons death was made Duke of Suffolke in right of his Wâ—fe and was beheaded in Queene Maries time for his conspiracy with my Lord of Leycesters Father And she had by this man three Daughters that is Jane that was married to my Lord of Leycesters Brother and proclaimed Queene after King Edwards death for which both shee and her husband were executed Katherine the second Dâ—ughter who had two Sonnes yet living by the Earle of Hartford and Mâ—ry the third Dâ—ugter which left no Children The other Daughter of Chaâ—lâ—s Brandon by the Queene of France called Elenor was married to Georgâ— Cliffâ—rd Earle of Cumberland who left a Daughter by her named Maâ—gâ—reâ— married to the Earle of Darby which yet liveth and hath issue And this is the title of the Hâ—use of Suffolke descended from the second Daughter of K. Henry the seventh married as hath been shewed to Charles Brandon Duke of Suffolke And by this you may see also how many there be who do thinke their titles to be far before that of my Lord of Huntingtonâ— if either râ—ght lâ—w reason or coâ—sideration of home affaires may take place in our Realm or if not yet you cannot but imagine how many great Princes and Potentatâ—s abroad are like to joyne and buckle with Huntingâ—ons Line for the preeminence â—f once the matter fall againe to contention by excluding the Line of King Henry the seventh which God forbid Truly Sir quoth I I well perceive that my Lords turne is not so nigh as I had thought whether he exclude the Line of King Henry or noâ— for if he exclude thâ—t then must he enter the Combat with forraine titlers of the House of Lancaster and if he â—xclude it not then in all apparance of reason and in Law to as you have said the succession of the two Dâ—ughters of King Henâ—y the seventh whiâ—h you distâ—nguâ—sh by the two names of Scotland and Suffolke must needs bee as clearely before him and his Lâ—ne that decended only from Edward the fourth his Brother as the Queenes title that new reigneth is before him For thâ—â—â—oth Scotland Suffolke and her Majesty do hold all by one foundâ—tion which is the union of both Houses and Titles together in King Henry the seventh her Majesties Grandfather That is true quoth the Gentleman and evidenâ— enough in every mans eye and therefore no doubt but as â—hat much is meant â—gâ—inst hâ—r Majesty if oc4â—sion serve â—s against thâ— rest thâ—t hold by the same â—itle Albeit her Mâ—iesti4s state the Lord be praised be such at thi◠〈◊〉 as it is not safâ—y to pretend so much against hâ—r as against the rest whatsoever be meant And that in â—ruth more should be ment agâ—inst her hâ—ghnes theâ— agâ—inst all â—he rest there is this reaâ—on for tâ—at her Majesty by hâ—r present possession letteth more their desires then all the rest â—ogether with their future pretences But as I have said it is not safety for them nor yet good pâ—lâ—cy to declare openly what they meane aâ—ainst her Majesty It is the best way for the pâ—esent to â—hew downe the rest and to leave her Majesty for the last â—low and upshot to their gâ—me For which câ—use they will â—eeme to make great difference at this day betweene her Majesties title and the rest that descend in likewise from King Henrâ— the seventh avowing the one and disallowâ—ng the other Albeit my Lord of Leicesters Father preferred that of Suffolke when 〈◊〉 was before this of her Mâ—jâ—sty and coâ—pelleâ— the whâ—le Realme to sweare thereunto Such is thâ— variable policy of men that serve the time or rather that serve themselves of all times for their purposes I remember quoth I that time of â—he Duke and was present my selfe at some of his Proclamations for that purpose wherein my Lord his Sonne that now liveth â—eing then a doer as I can tell he was I marvile how he can deale so contrary now preferring not onely her Majesties title bâ—fore that of Suffolk whereof I wonder lessâ— because it is more gainfull to him but also another much further of Buâ— you have signified the cause in that the times are changeâ— and other bargaines are in hand of more importance for him Wherefoâ—e leaving this to be considered by others whom it concerneth I beseech you Sir for that I know your worship hath beeene much conversant among their frienâ—s and favourers to tell me what are the barres and lets which they doe alledge why the house of Scoâ—land and Suffolk descendâ—d of king Henry the seventh his daughters should not succeed in the Crowne of England after her Majesty who ended the line of the same king by his son for in my sight the matter appeareth vâ—ry plaine They want not pretences of barres and lets against them all quoth the Gentleman which I will lâ—y downe in order as I have heard them alledged First in the line of Scotland there are three persons as you know that may pretend right that is the Queen and her son by the first marriage of Margaret and Arbella by the second And against the first marriage I heare nothing affirmed but against the two persons proceeding thereof I heare them alledge three stops one for that they are strangers born out of the land consâ—quently incapâ—ble of inheritance within the same another for that by a speciâ—l testament of king H. 8. authorised by 2. severall pâ—rliam thâ—y are excluded 3 for that they are enemies to the religion now among us therefore to be debarred Against the second marriage of Maâ—gâ—ret with Aâ—chibald Douglas whâ—â—eof Aâ—bella is descended they alledge that the said Archibald had a former wife at the time of that marriage which lived long after and so neither that marriage lawfull nor the issue therof legitimate The same barre they have
against all the house and Line of Suffolke for first they say that Charlâ—s Bâ—andon Duke of Suffolke had a knowen wife alive wâ—en he married Mary Queen of France and consequently that neither the Lady Frances nor Elenor borne of that marriage can be lawfully borne And this is all I can heaâ—e them say against the succession of the Counâ—esse of Darby descended of Elenor. But against my Lord of Hartfords châ—ldren â—hat came from Franâ—es the eldest daughter I heare them alledge two or three bastardies more besides this of the first marriage For first they affirme that Henry Marquesse Dorset when hee married the Lady Frances had to wife the old Earl of Arundels sister who lived both then and many yeares after and had a provision out of his living to her dying day· wherby that marriage could no way be good Secondly that the lady Katherine daughter to the said Lady Frances by the Marques by whom the Earl of Hartford had his children was lawfully married to the Earle of Pembroke that now liveth and consequently could have no lawfull issue by any other during his life 3ly that the said Katherine waâ— never lawfully married to the said Earl Hartford but bare him those children as his Concubine which â—s they say is defined and registred in the Archb. of Canterburies court upon due examination taken by order of her Majesty that now reigneth and this is in effect so muâ—h as I have heard them all aledge about their affars It is much quoth I that you have said if it may be all proved Marry yet by the way I cannot but smile to heare my Lord of Leyâ—ester allow of so many bastardies now upon the issue of Lady Frances whom in time past when Iane her eldest daughter was married to his brother he advanced in legitimation before both the daughters of king Henry the eight But to the purpose I would gladly know what grounds of verity these allegations have and how far in truth they may stoppe from inheritance for in deed I never heard them so distinctly alledged before Whereto answeâ—ed the Gentleman that our friend thâ— Lâ—wyâ—r could best resoâ—ve that if it pleased hâ—m to spâ—ake without his fee though in some points alledged every other man quoth he that knoweth the state and common government of England may easily give his judgement also And iâ— the case of bastardy if the matter may be proved there is no dâ—fficulty but that no right to inheritance can justly bee pretended as also perhaps in the case of forraine birth though in this I am not so cunning but yet I see by experience that forrainers borne in other lands can hardly come and claime inheritance in England albeit to the contrary I have heard great and long dispâ—tes but such as indeed passed â—y capacity And if it might please our friend here present to expound the thing unto us more clearly I for my part would gladly bestow the hearing and that with attention To this answered the Lawyer I will glâ—dly siâ— tell you my minde in any thing that it shall please you demand and much more in this matter wherein by occasion of often conference I am somewhat perfect The impedâ—ments which these men alledge against the succession of king Henry the 8. his sisters are of two kinds as you see The one knowne and allowed in our law as you have well said if it may be proved and that is bastardy whereby they seek to disable all the whole Line and race of Suffolke as also Arbella of the second and later house of Scotland Whereof it is to small purpâ—se to speak any thing here seeing the whole controversie standeth upon a matter of fact onely to be proved or improved by records and witnesses Onely this I will say that some of these bastardies before named are rife in many mens mouthes and avowed by divers that yet live but let other men looke to this who have most interest therein and may be most damnified by them if they fall out true The other impediments which are alledged onely against the Qâ—eene of Scots and her 〈◊〉 are in number three â—s you recite them thâ—â— is forraine birth king Henries testament and Religion whereof â— am content to say somewhat seeing you desire it albeit there be so much published already in bookes of divers languages beyond the sea as I am informed concerning this matter as more cannot be said But yâ—t so much as I have heard passe among Lawyers my betters in conference of these affaires I will not let to recite unto you with this proviso and protestation alwayes that what I speake I speak by way of recitall of other mens opinions not meaning my selfe to incurre the statute of affirming or avowing any persons title to the crown whatsoever First then touching forraine birth there bee some men in the world that will say that it is a common and generall rule of our law that no stranger at al may inherit any thing by any means within the Land which in truth I take to be spoken without ground in that generall sense For I could never yet come to the sight of any such common or universall rule and I know that divers examples may be alledged in sundry cases to the contrary and by that which is expresly set downe in the seventh 〈◊〉 ninth years of king Ed. the 4. and in the â—lâ—venth â—nd fourteenth of Hen. thâ— 4. it appearâ—â—h plainâ—y that â— stranger mâ—y â—urchase lands in England as also â—â—herit by hâ—s wife if he marry an inheritrix Wherefore this common rule 〈◊〉 to bee restraâ—neâ— from that generality unto proper inheritance only â—n which sense I do easily grant that our common Law hath been of ancient and is at this day that no person born out of the â—llegâ—ance of the king of England whose father mâ—thâ—r were not of the same allegiance at the time of his birth shall be able to have or dâ—maâ—d any heritage within the same allegiance as heire to any person And this rule of our common Lâ—w is gathered in these sâ—lf same words of a statute made in the 25. year of king Ed. the third which indeed is the onely place of effect that can be alledged out of our law against the inheritance of strangers in such sense and cases as we â—re now to treat of And albeit now the commoâ— Law of our Country do runne thus in generall yet will theâ— friends of the Scottish claime affirme that hereby that title is nothing let or hindred at all towâ—rds the Crowne and that for divers manifest and weighty reasons whereof the principâ—ll are these which ensue First it is common and a generall rule of our English lawes that no rule Axâ—ome or Mâ—xima of law be it â—ever so generall can touch or bind the Crown except expresse mention bee made thereof in the same for that the
king and crowne have great priviledge and prerogative above the state and affaires of subjects and great differences allowed in points of law As for example it is a generall common rule of law that the wife after the decease of her husband shall enjoy the third of his lands but yet the Queene shall not enjoy the third part of the Crowne after the Kings death as well appeareth by experience and is to be seene by law Anno 5. and 21. of Edward the third and Anno 9. and 28. of Henry the sixt Also it is a common rule that the husband shall hold his wives lands after her death as tenant by courtesie during his life but yet it holdeth not in a Kingdome In like manner it is a generall and common rule that if a man dye feased of Land in Fee-simple having daughters and no sonne his lands shall be divided by equall portions among his daughters which holdeth not in the Crowne but rather the eldest Daughter inheriteâ—h the whole as if she were the issue male So also it is a common rule of our law that the executor shall have all the goods and chattels of the Testator but not in the Crowne And so in many other cases which might bee recited it is evident that the Crowne hath priviledge above others and cannot be subject to rule be it never so generall except expresse mention be made thereof in the same law as it is in the former place and a statute alledged but rather to the contrary as after shall be shewed there is expresse exception for the prerogative of such as descend of Royall bloud Their second reason is for that the demand oâ— title of a Crowne cannot in true sense bee comprehended under the words of the former statute forbidding aliens to demand heritage within the allegiance of England and that for two respects The one for that the Crowne it selfe cannot be called an heritage of allegiance or within allegiance for that it is holden of no superiour upon earth but immediately from God himselfe the second for that this statute treateth onely and meaneth of inheritance by descent as heyre to the same for I have shewed before that Aliens may hold lands by purchase within our Dominion and then say they the Crowne is a thing incorporate and descendeth not according to the common course of other private inheritances but goeth by succession as other incorporations doe In signe whereof it is evident that albeit the King be more favoured in all his doings then any common person shall be yet cannot hee avoyd by law his grants and letters patents by reason of his nonage as other infants and common heires under age may doe but alwayes be said to be of full age in respect of his Crown even as a Prior Parson Vicar Deane or other person incorporate shall be which cannot by any meanes in law bee said to be within age in respect of their incorporations Whiâ—h thing maketh an evident difference in our case from the meaning of the former statute for that a Prior Deane or Parson being Aliens and no Denizens might alwayes in time of peace demand lands in England in respect of their corporations notwithstanding the said statute or common law against Aliens as appeareth by many booke cases yet extant as also by the statute made in the time of King Richard the second which was after the foresaid statute of King Edward the third The third reason is for that in the former statute it selfe of King Eâ—ward there are excepted expresly from this generall rule Infantes du Roy that is the Kings off spring or issue as the word Infant doth signifie both in France Portugall Spaine and other Countries and as the Latine word Liberi which answereth the same is taken commonly in the civill 〈◊〉 Neither may we restraine the french words of that Satute Infantâ—s du Roy to the kings children onely of the first degree as some doe for that the barrâ—nnesse of our language doth yeeld us no other word for the same but rather that therby are understood as wâ—ll the nephewes and other discendants of the king or blood Royall as his immediate children For it were both unreasonable and ridiculous to imagin that king Edward by this statute would go about to disinherit his own nâ—phews if hâ— should have any borne out of his own allegiance as easily he might at that time his sons being mâ—ch abroad from England and the black Prince his eldest son having two children borne bâ—yond the seas and consequently it is apparent that this rule or maxime set down against Aliens is no way to be stretched against the descendants of the king or of the blood Royall Their fourth reason is that the meaning of king Edward and his children living at such time as this statute was made could not be that any of their linage or issue might be excluded in law from inheritance of their right to the Crowne by their foraine birâ—h wheresoever For otherwise it is not credible â—hat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other meanâ—s as Leoneâ— the kings third son was married in Millan and Iohn of Gaunt the fourth son gave his two daughters Philip and Katherine to Portugall and Câ—stâ—le and his neece Joan to the king of Scots as Thomas of Woodstocke also the yongest brother married his two daughters the one to the king of Spaine and the other to Dâ—ke of Britaine Which no doubt they being wise Princes and so neer of the blood Royal would never have done if they had imagined that hereby their issue should have lost all claime and title to the Crown of England and therefore it is most evident that no such bar was then extant or imagin'd The fift reason is that divers persons born out of all English dominion and allegiance both before the Conquest and since have bin admitted to the succession of our Crown as lawfull inheritours without any exception against them for their foraine birth As before the Conquest is evident in yong Eâ—gar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Confâ—ssor with full consent of the whole Realm the B. of Worcester being sent as Ambassador to fetch him home with his father named Edward the out-law And since the Conquest it appeareth plainly in king Stephen and king Henry the second both of them borne out of English dominions and of Parents that at their birth were not of the English allegiance and yet were they both admitted to the Crowne Yong Arthur also Duke of Britain by his mother Constance that matched with Geffray king Henry the seconds sonne was declared by king Richard his unckle at his departure towards Jerusalem and by the whole Realme for lawfull heire apparent to the Crowne of England though
Majesty bâ—â—his statute Gentleman The hastning of the Conspiratours Schollar The Watch-word or the Conspiratours Lawyer Schollar Are you â—atled A great mistery Lawyer Assemblies at Communions Strangers within the Land The perill of our Countrey if Huntingtons claime take place Gentleman The Red Rose â—he White The misery of England by the contention betweene Yorke and Lanâ—aster Guelphians and Gibilâ—neâ— Edward Plantaginet Earle of Warwick The Battell by Taâ—â—â—ster on Pâ—lme Sunday An. 1460. The danger of Huntingtons claime to the Reâ—lme and to her Majesty Lawyer How Huntington maketh hiâ— titâ—e before hâ—r Majesty * The most of Huâ—tingtons Ancestâ—â—s by whoâ— hee makeâ—h â—iâ—le aâ—tainâ—ed of Treason The fâ—mous device â—f king Richard the third â—â—lowed by Huâ—tington Anno 1. Mariae A point to be noâ—ed by her Majesty The joyning of both houses The Line of Portugâ—ll The old estimation of the House of Lancaster Henry Earle of Richmond The Line of Portugall Scholar The sword of greaâ— fâ—rce â—o juâ—tifie the title of a kingdome Great dangers The beginning of the controveâ—sie betwixt York and Lancaster Edmond Crook-back beginner of the House of Lancaster Blanch. Iohn of Gaunt How the Kingdome was first brought to the House of Lancaster The issue of Iohn of Gaunt The pedegree of king Henry the seventh The two Daughters married to Portugall and Castile Forraine titles The issue of king Edwarâ— thâ— 3. Two Edmonds the two beginnerâ— of the two Houses of Lancasteâ— and Yorke The claime and title of Yorke The issue of king Edâ—ard the fourth The Duke of Clarence attainted by Parliament Huntingtonâ— title by the Duke of Clarence King Richard the third The happy conjunction of the two Houses The issue of King Henry the seventh The Line and Title of Scotland by Margaret eldest Daughter to King Henryâ—he â—he 7. Arbâ—â—â—â— The Line and Title of Suffolke by Mary second daughter to King â—enry the 7. The issue of Francis eldest Daughter to Charles Brandon Duke of Suffolke The issue of Francis eldest daughter to Charles Brandon Duke of Suffolk The issue of Elenor second daughter to Charles Brandon Scholar Huntington bebehind many other titles Gentleman The policy of the conspiratours for the deceiving of her Maiesty Scholar Leycesters variability Gentleman Barres pretended against the claâ—m of Scotland and Suffolke Against the Queen of Scotland and her sonne Against Arbella Against Darby Against the children of Hartford Scholar Leycesters dealing with the house of Suffolk Gentleman Bastardy Forraine biâ—th Lawyeâ— Bastardie laâ—â—â—l stops The impediments against Scotland three in number A protestation Touching the first impediment of foâ—raine birth An Alien may purchase The true Maxima against Alienâ— The statute of King Edward whence the Maxima is gathered Reasons why the Scottish title is not letted by the Maxima against Aliens The first reason The rule of thirds Tenant by courtesie Division among daughters Executorâ— The 2 reason The Crowne no such inherâ—tance as is meant in the statute The Crowne a corporation The â— reason The Kings issue excepted by name Liberorum F. de verb. sign The fourth reason The Kings meaning The matches of England with foraigners The fift reason Examples of forainers admited Flores hist. Anno 1066. Pol. lib. 15. Flor. hist. 1208. K. Iohn a tyrant The 6. reason The iudgement and sentence of K. Henry the seventh The 7. reason The Queene of Scots and her son no Aliens The second impediment against the Q of Scots her son which is K. Henry the â— his testament Forain birth no impediment in the â—udgement of K. Henry the â— The succession of Scotland next by the iudgement of the competitors Gentleman Lawyer The Duke of Northumberlandâ— drift Gentleman The mutable dealing of the house of Dudley Lawyer The authority and occasion of King Henries testament The Kingâ— Testament forged The first reason Injustice and improprobabilitâ— The example of France The second reason Incongruities and indignities Adrian Stokes The third reason The presupposed Will is not authenticall The disproving of the Wil by witnesses The Loâ—d Paget Sir Edw. Montague William Claâ—ke A meeting together about this matter of the Nobility Mâ— Lord of Lâ—â—â—est againe plâ—yâ—â— double The old Earle of Penbrooks admonition to the Earl his son yet living The thiâ—d impediment of religion Princes of Germany Qu. Mary Queen Elizabeth * The Dudleis Monsieur King of Navarre Prince of Condy. My Lord of Huntingtons reâ—igion The title of those that ensue the Queene of Scots Schollar The yong King of Scotland Gentl. The device to set out her Majesty with the young King of Scotland The intolerable prâ—ceedings of câ—rtâ—iâ—â—inistâ—rs in Sâ—otlâ—nd aâ—ainst tâ—eir â—iâ—g â— subornation of his enemies in Englaâ—â— Schollar Sir Patriâ—k Adâ—m on Archbish. of St. Andrewes Gentl. Treasons plotted against the King of Scots Leycesters cunning device for overthrowing the D. of Norf. The impudency of Iudas Tâ—e speeches of Leycester â—o the Duke of Norf. Leycest cousenâ—ge of tâ—e Queene The Duke of Norf. flying into Norfolke Machivilian slights Leycesters devices for the overthrow of Sir Christopher Hatton Leycesters devices against the Earle of Shrewsbury Leycesteâ—s contâ—mpt of the ancient Nobility of England Lawyer New men most contemptuous D. Dudlies jest at the Earle of Arundell Gentl. The oft abiect behaâ—iour of Duke Dudley in adverse fortunes Schollar Leycesters base behaviour in adversitie Leycâ—steâ—s deceiving of Sir Chrâ—stopher Hatton A pretie shift of my Lord of Leycester Her Maiesties speech of Leycestâ—r to the Tâ—eâ—suâ—eâ— Gentl. The danger of her Majesty by oppression of the favourers of the Scottish title A Similie true Earle of Leycester Earle of Huntington The old Countesse of Huntingtons speech of hâ—r sonne Lawyer Neaâ—enesse in competitors doth incite thâ—m to adventure Henr. Bullingbâ—ook after King H. the 4 Richard Duke of Gloucester after King Richard the third The great wiâ—edome of her Majesty in conserving the next heires of Scotland The K. of Scotlands dâ—struction of more importance to the conspirators then his mothers The Earle of Salisbury disâ—racâ—d by the competitors Gentl. Tâ—e vigilant eye that her Maiesties 〈◊〉 hâ—d to the â—olatâ—rall liâ—e Persons executed of the hâ—use of Claâ—eÌ„ce The example of Iulius Caesaâ—s destruction Too much confidence verie perillous in a Prince The example of Alexander the gâ—eat bow hee was foretold his danger Schollar Lâ—te executions Gentl. Fraud to be feared in pursuing one part or faction only The comparison of Wolves and Rebels Richard Duke of Yorke D. Dudly A good rule of policy The speech of a certain Lady of the Court. More moderation wished in matters of faction The speech of a Courtier The perill of divisions factions in a Commonwealth The dangerous sequel of dissention in our Realme Gentl. Examples of tolleration in matters of religion Germany The breach reunion again in France Flanders Moderation impugned by the conspira Cicero Cateline The Conspirators opportunitie Leycester to be called to account The death K Philip of Macedonie and cause there of Pausâ—â—ias Kings of England oveâ—tâ—râ—wn by too much favouring of some particular men K. Edw. 2 K Râ—ch 2. K. Henr. 6. Pol. lib. 23 hist. Angl. Lawyer The punishment of William Duke of Suffolk The punishment of Edmond Dudley Gentl. The causes why Princes are chosen and do receive obedience Leycesters Thefts Leycesters murthers A heap of Leycesters enormities that would be ready at the day of his triall Schollar Her Maiesties tender heart towards the â—ealme Gentl. Lâ—ycestâ—rs dâ—sire that men should thnike â—er Maiesty to stand in fâ—are of him Cicero in Officio A rule of Machivell observed by the Dudlies Leycester strong onely by her Maiesties favour An offer made for taking and tying the Beare Leicester what hee receiveth from his ancestors The comparison of Leycester with his father The weaknesse 〈◊〉 Leycesâ—â—r if â—er Majâ—sty turne but her counteâ—â—ce from him Lawyer The end and departure from the Gallerie The wicked mans pomp His joy His pride His fall His children His old age His bread His restitution His punishment His wickednesse His griefe His affliction His damnation His posterity
house of Suffolk bâ—fore them both A notable change quoâ—h the Gâ—ntleman that a title so much exalted of late by the Father above all order right ranke and degree should now be so â—uch debased by the Son as thouâ—h it were not worthy to hold any degree but rather to be troden under-foot for plain bastardy And you see by thâ—s how true it is which I told you before that the race of Dudlies are most cunning merchants to make their gaine of all thâ—ngs men and times And as we have seene now two testâ—ments alleaged the one of the Kings father and the other of the kings sonne and both of them in prejudice of the testators true successors so many good subjects begâ—n greatly to fear that we may chance to see sâ—ortly a third Testâ—ment of her Mâ—jesty for the tituling of Huntington and exurpation of King Henries blood thâ—t before her Majesty can think of sicknessâ— wherein I beseech the Lord I be no Prophet But now sir to the foresaid Will and Testament of King Henry I have often heard in truth that the thing was counterfeit or at the least not able to be proved aâ—d that it was discovered rejected and defaced in Queen Maries time but I would gladly understand what you Lawyers esteeme or judge thereof Touching this matter quoth the Lawyer it cannot be denied but that in the 28. and 36 years of King Henries reign upon coâ—sideration of some doubt aâ—d irâ—esolution which the King himselfe had shewed to have about the order of succâ—ssion in his owne children as also for taking away all occasions of controversies in those of the next blood the whole Parliament gave authority unto the said King to debate and determine â—hose matters himselfe together with his learned councell who best knew the lawes of the Realme and titles that any man might hâ—ve thereby and that whatsoever succâ—ssion his Majesty should declare as most right and lawfull under his letters patents sealed or by his last Will and Tâ—stâ—ment rightfully made and signed with his owne hand that the sâ—me should bee received for good and lawfull Upon pretence whereof soon after King Henries death there was shewed a Will with the kings stamp at the same and the names of divers witnesses wherein as hath beene said the succession of the Crowne after the kingâ— owne children is assigned to the heyres of Frances and Elenore Neeces to the king by his younger Sister Which assignation of the Crown being as it were a meer gift in prejudice of the elder sisters right as also of the right of Frances and Elenor themselves who were omitted in the same assignation and their heires intituled onely was esteâ—med to be against all reason law and nature and consequently not thought to proceed from so wise and sage a Prince as K. Henrie was knowne to be but rather either the whole forged or at least wise that clause inserted by other and the Kings stamp set unto it after his death or when his Majesty lay now past understanding And hereof there wanteth not divers most evident reasons and proofes For first it is not probâ—ble nor credible that King Henrie would ever go about against law and reason to disinherit the line of his eldest sister without any profit or interest to himselfe and thereby give most evident occasion of Civill war and discord within the Realm seeing that in such a case of manifest and apparent wrong in so great a mâ—tter the authoritie of Paâ—lament taketh little effect against the true and lawfull inheritâ—r as well appeared in the former times and contentions of Henrie the sixth Edward the fourth and Richard the third in whose reignes the divers and contrarie Parliaments made and holden â—gainst the neâ—t inheritor held no longer with any man then untill the other was able to make his owne partie good So likewise in the case of King Edward the third his succession to Fâ—ance in the right of his mother though he were excludâ—d by the generall assembly and consent of their Parliaments yet he esteemed not his right extinguished thereby as neither did other Kings of our Countrie that ensued after him And for our present case if nothing else should have restrained King Henrie from such open injustice towards his eldest sister yet this cogitation at least would have stayed him that by giving example of supplanting his elder sisters Line by vertue of a testament or pretence of Parliament some other might take occasion to displace his children by like pretence as we see that Duke Dudley did soone after by a forged testament of King Edward the sixt So ready Schollars there are to be found which easily will learne such lessons of iniquity Secondly there be too many incongruities and indignities in the said pretended Will to proceed from such a Prince and learned councell as King Henries was For first what can be more ridiculous than to give the Crowne to the heires of Francis and Elenor and not to any of themselves or what had they offended that their heires should enjoy the Crowne in their right and not they themselves What if King Henries Children should have dyed whiles Lady Francis had been yet alive who should have possessed the Kingdome before her seeing her Line was next and yet by this testament shee could not pretend her selfe to obtaine it But rather having marryed Adrian Stokes her horse-keeper she must have suffered her sonne by him if she had any to enjoy the Crown and so Adâ—ian of a Serving man and Master of Horses should have become the great Master and Protector of England Of like absurditie is that other clause also wherein the King bindeth his owne daughters to marry by consent and direction of his counsell or otherwise to leese the benefit of their succession yet bindeth not hiâ— Neices daughters to wit the daughters of Francis Elenor if they had any to any such condition Thirdly there may bee divers causes and arguments alledged in law why this pretended will is not authenticall if otherwise it were certaine that King Henrie had meant it first for that it is not agreeable to the mind and meaning of the Parliament which intended onely to give authoritie for declaration and explication of the true title and not for donation or intricating of the same to the ruine of the Reâ—lme Secondly for that there is no lawfull and authenticall Copie extant thereof but onely a bare inrolement in the Chancerie which is not sufficient in so weighty an affaire no witnesse of the privie Councell or of Nobilitâ—e to the same which had been convenient in so great a case for the best of the witnesses therein named is Sir Iohn Gates whose miserable death is well knowne no publike Notary no probation of the will before any Bishop or any lawfull Court for that puâ—pose no examination of the witnessâ—s or other thing orderly done for lawfull authorizing of