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 inheriteâh 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 Whiâh 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 Eâward 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 ãâã Neither may we restraine the french words of that Satute Infantâs du Roy to the kings children onely of the first degree as some doe for that the barrânnesse of our language doth yeeld us no other word for the same but rather that therby are understood as wâll 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 nâphews if hâ should have any borne out of his own allegiance as easily he might at that time his sons being mâch abroad from England and the black Prince his eldest son having two children borne bâyond 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 birâh wheresoever For otherwise it is not credible âhat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other meanâs 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 Câstâle 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 Dâke 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 Eâgar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Confâssor 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 he were borne in Britaine out of English allegiance and so he was taken and judged by all the world at that day albeit after king Richards death
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 Lenâx whose Sonne Charles Steward was married to Elizabâth 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 Wâfe 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 Dâughter who had two Sonnes yet living by the Earle of Hartford and Mâry the third Dâugter which left no Children The other Daughter of Chaâlâs Brandon by the Queene of France called Elenor was married to Georgâ Cliffârd Earle of Cumberland who left a Daughter by her named Maâgâreâ married to the Earle of Darby which yet liveth and hath issue And this is the title of the Hâuse 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 râght lâw reason or coâsideration of home affaires may take place in our Realm or if not yet you cannot but imagine how many great Princes and Potentatâs abroad are like to joyne and buckle with Huntingâons Line for the preeminence âf 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 thât then must he enter the Combat with forraine titlers of the House of Lancaster and if he âxclude it not then in all apparance of reason and in Law to as you have said the succession of the two Dâughters of King Henây the seventh whiâh you distânguâsh by the two names of Scotland and Suffolke must needs bee as clearely before him and his Lâne that decended only from Edward the fourth his Brother as the Queenes title that new reigneth is before him For thâââoth Scotland Suffolke and her Majesty do hold all by one foundâtion 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 âhat much is meant âgâinst hâr Majesty if oc4âsion serve âs against thâ rest thât hold by the same âitle Albeit her Mâiesti4s state the Lord be praised be such at thiâ ãâã as it is not safây to pretend so much against hâr as against the rest whatsoever be meant And that in âruth more should be ment agâinst her hâghnes theâ agâinst all âhe rest there is this reaâon for tâat her Majesty by hâr present possession letteth more their desires then all the rest âogether with their future pretences But as I have said it is not safety for them nor yet good pâlâcy to declare openly what they meane aâainst her Majesty It is the best way for the pâesent to âhew downe the rest and to leave her Majesty for the last âlow and upshot to their gâme For which câuse they will âeeme 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 disallowâng the other Albeit my Lord of Leicesters Father preferred that of Suffolke when ãâã was before this of her Mâjâsty and coâpelleâ the whâle 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 âhe Duke and was present my selfe at some of his Proclamations for that purpose wherein my Lord his Sonne that now liveth âeing then a doer as I can tell he was I marvile how he can deale so contrary now preferring not onely her Majesties title bâfore 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 Wherefoâe 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 frienâs and favourers to tell me what are the barres and lets which they doe alledge why the house of Scoâland and Suffolk descendâd 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 vâry plaine They want not pretences of barres and lets against them all quoth the Gentleman which I will lây 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 consâquently incapâble of inheritance within the same another for that by a speciâl testament of king H. 8. authorised by 2. severall pârliam thây are excluded 3 for that they are enemies to the religion now among us therefore to be debarred Against the second marriage of Maâgâret with Aâchibald Douglas whââeof Aâbella 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
Majesty bââhis statute Gentleman The hastning of the Conspiratours Schollar The Watch-word or the Conspiratours Lawyer Schollar Are you âatled 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 âhe White The misery of England by the contention betweene Yorke and Lanâaster Guelphians and Gibilâneâ Edward Plantaginet Earle of Warwick The Battell by Taâââster on Pâlme Sunday An. 1460. The danger of Huntingtons claime to the Reâlme and to her Majesty Lawyer How Huntington maketh hiâ titâe before hâr Majesty * The most of Huâtingtons Ancestââs by whoâ hee makeâh âiâle aâtainâed of Treason The fâmous device âf king Richard the third ââlowed by Huâtington Anno 1. Mariae A point to be noâed by her Majesty The joyning of both houses The Line of Portugâll The old estimation of the House of Lancaster Henry Earle of Richmond The Line of Portugall Scholar The sword of greaâ fârce âo juâtifie the title of a kingdome Great dangers The beginning of the controveâsie 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 Edâard 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 Henryâhe âhe 7. Arbââââ The Line and Title of Suffolke by Mary second daughter to King âenry 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 claâm 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 biâth Lawyeâ Bastardie laâââl stops The impediments against Scotland three in number A protestation Touching the first impediment of foâraine 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 inherâtance 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 âudgement 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 Loâd Paget Sir Edw. Montague William Claâke A meeting together about this matter of the Nobility Mâ Lord of Lâââest againe plâyââ double The old Earle of Penbrooks admonition to the Earl his son yet living The thiâd impediment of religion Princes of Germany Qu. Mary Queen Elizabeth * The Dudleis Monsieur King of Navarre Prince of Condy. My Lord of Huntingtons reâigion 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 prâceedings of cârtâiââinistârs in Sâotlând aâainst tâeir âiâg â subornation of his enemies in Englaââ Schollar Sir Patriâk Adâm 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 Tâe speeches of Leycester âo the Duke of Norf. Leycest cousenâge of tâe 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 Leycesteâs contâmpt of the ancient Nobility of England Lawyer New men most contemptuous D. Dudlies jest at the Earle of Arundell Gentl. The oft abiect behaâiour of Duke Dudley in adverse fortunes Schollar Leycesters base behaviour in adversitie Leycâsteâs deceiving of Sir Chrâstopher Hatton A pretie shift of my Lord of Leycester Her Maiesties speech of Leycestâr to the Tâeâsuâeâ 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 hâr sonne Lawyer Neaâenesse in competitors doth incite thâm to adventure Henr. Bullingbâook after King H. the 4 Richard Duke of Gloucester after King Richard the third The great wiâedome of her Majesty in conserving the next heires of Scotland The K. of Scotlands dâstruction of more importance to the conspirators then his mothers The Earle of Salisbury disâracâd by the competitors Gentl. Tâe vigilant eye that her Maiesties ãâã hâd to the âolatârall liâe Persons executed of the hâuse of ClaâeÌce The example of Iulius Caesaâs destruction Too much confidence verie perillous in a Prince The example of Alexander the gâeat bow hee was foretold his danger Schollar Lâte 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 Pausââias Kings of England oveâtârâwn by too much favouring of some particular men K. Edw. 2 K Râch 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 âealme Gentl. Lâycestârs dâsire that men should thnike âer Maiesty to stand in fâare 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 ãâã Leycesââr if âer Majâsty turne but her counteââce 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
his other uncle Iohn most tyrannously took both his kingdome and his life from him For which notable injustice he was detâsted of all men both abroad and at home most apparently scourged by God with grievous and manifold plagues both upon himself and the Realm which yeelded to his usurpation So that by this also it appeareth what the practice of our Countrey hath beene from time to time in this case of forraine birth which practice is the best intârpreâer of our common English law which dependeth especially and most of all upon custome nor can âhe adversary alledge any one example to the contrary Their sixt is of the judgement and sentence of King Henry the seventh and of his Councell who being together in consultation at a certaine time about the marriage of Margaret his eldest daughâer into Scotland some of his Councell moved this doubt what should ensue if by chance the kings issue male should faile and so the succession devolve to the heyres of the said Margaret as now it doth Whâreunto that wâse and most prudent Prince made answer thât if any such event should be it could not be prejudicialâ to Englând being the bigger part but rather beneficiall for that it should draw Scotland to England that is the lesser to the more even as in times past it happened in Normandy Aquitaine ând some other Provinces Which answer appeased all doubts and gave singular content to those of his Councell as Polidore writeth that lived at that time and wrote the speciall matters of that reigne by the kings owne instruction So that hereby wee see no question made of king Henry or his Councellors touching forraine birth to let the succession of Lady Margarets issue which no doubt would never have beene omitted in that learned assembly if any law at that time had beene esteemed or imagined to beare the same And these are six of their principallest reasons to prove that neither by the words nor meaning of our common lawes nor yet by custome or practice of our Realme an Alien may bee debarred fâom claim of his interest to the Crowne when it falleth to him by righfull descent in blood and succâssion But in the particular case of the Queen of Scots and âerson they doe adde another reason or âwo thâreby to prove them in very deed to be no Aliens Not only in respect of their often and continuall mixture with English blood from the beginning and especially of late the Queens Grandmother and husband being English and so her sonne bâgoâten of an English father but also for two other causes and reasons which seeme in truth of very good importance The first is for that Scotland by all Englishmen howsoever the Scots deny the same is tâken and holden as subject to England by way of Homage which many of their kings at divers times have acknowledged and consequently thâ Queene and her son being borne in Scotland are not borne out of the allegiance of England and so no forrainers The second cause or reason is for that the forenamed statute of forrainers in the 25 yeare of King Edward the third is intitled of those that are borne beyond the seas And in the body of the said statute the doubt is moved of children borne out of English allegiance beyond the seas whereby cannot bee understood Scotland for that it is a piece of the continent land within the seas And all our old Records in England that talke of service to bee done within these two countries have usually these Latin words Infraquatuor mâria or in French deins lâzquâtre mers that is within the foure Seas whereby must needs be understood as well Sâotland as England and that perhaps for the reason before mentioned of the subjection of Scotland by way of Homage to the Crowne of England In respect whereof it may be that it was accounted of old but one dominion or allegiance And consequently no man borne therein can bee accounted an alieâ to Englaââ And this shal suffice for the first point touching foragine Nativity For the second impediment objected whâch is the testament of King Henry the eight authorized by Parliament wherby they affirm the succession of Scotland to be excluded it is not precisely true that they are excluded but onely that they âre put back behinde the succession of the hous of Suffolk For in that pretended Testament which after shâll be proved to be none indeed King Henry so disposeth that after his own children âf they shold chance to dye without issue the Crowne shall passe to the heires of Frances of Elenor his neeces by his yonger sister Mary Queene of France and after them deceasiâg also without issue the succession to returne to the next heire againe Whârby it is evident that the succession of Margarât Queene of Scotland his eldest sister is not excluded but thrust back onely from their due place and order to expect the remainder which may in time be left by the yonger Whereof in mine opinion doe ensue some considerations against the present pretenders themselves First âhat in King Henries judgement the former pretended rule of foraine birth was no sufficient impediment agaiâst Scotland for if it had bin no doubt but that he would have named the same in his alleaged testament and thereby have utterly excluded that successioÌ But there is no such thing in the testament Secondly if they admit this testament which alotteth the Crown to Scotland next after Suffolk then seeing that all the house of Suffolk by these mens assertions is excluded by bastardy it must needs follow that Scotland by their own judgement is next so this testament wil make against them âs indeed it doth in all points most apparantly but only that it preferreth the house of Suââolk before that of Scotland And therefore I think sir that you mistake somewhat about their opinion in alleaging this testament For I suppose that no man of my Lord of Huntingtons faction will alleage or urge the testimony of this testament but rather some friend of the house of Sâffâlk in whose favour I take it that it was first of âll fârged It may be quâth the Gentleman nor will I stand obstinatly in the contrary for that it is hard sometime to judge of what faction each one is who discoursâth of these affâirâs But yet I marvel âf it were as you say wây Lâycesters Father âfâer K. Edwardâ death made no mention therof in the favor of Suffolk in the other testament which then he proclaimed as made by K. Edward deceased for preferment of Suffolk before his own sisters The cause of this is âvident quoth the Lawyer for that it made not sâffiâiently for his purpose which was to disinherit âhe two dâughters of King Henry himselfe and advance the
house of Suffolk bâfore them both A notable change quoâh the Gântleman that a title so much exalted of late by the Father above all order right ranke and degree should now be so âuch debased by the Son as thouâh it were not worthy to hold any degree but rather to be troden under-foot for plain bastardy And you see by thâs how true it is which I told you before that the race of Dudlies are most cunning merchants to make their gaine of all thângs men and times And as we have seene now two testâments 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 begân greatly to fear that we may chance to see sâortly a third Testâment of her Mâjesty for the tituling of Huntington and exurpation of King Henries blood thât 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 aâd 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 coâsideration of some doubt aâd irâesolution which the King himselfe had shewed to have about the order of succâssion 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 âhose matters himselfe together with his learned councell who best knew the lawes of the Realme and titles that any man might hâve thereby and that whatsoever succâssion his Majesty should declare as most right and lawfull under his letters patents sealed or by his last Will and Tâstâment rightfully made and signed with his owne hand that the sâme 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 esteâmed 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 probâble 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 mâtter the authoritie of Paâlament taketh little effect against the true and lawfull inheritâr 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 âgainst the neât 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 Fâance in the right of his mother though he were excludâd 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 Adâian 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 Reâlme 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 Nobilitâe 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 puâpose no examination of the witnessâs or other thing orderly done for lawfull authorizing of