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
matter groweth to faction and from factiō bursteth out to plain and open hostilitie wherevpō foloweth passing great perilles and oftentimes detestable alterations and subuersions of the plublick state For the better auoyding of suche and lyke inconueniences albeit at the beginning Princes reigned not by descent of blood and succession VVhy all the vvorld almost embraceth succession of princes rather than election but by choyse and election of the worthiest the world was for the most part constreyned to reiect and abandon election and so oftentimes in stead of a better and woorthier to take for their Gouernour some certain issue ofspring of one family though otherwyse perhappes not so mete VVhich defecte is so supplied partly by the greate benefit of the good reast and quyetnesse that the people vniuersally enioye by this course of succession and partly by the industrie and trauail of graue and sage personages whose counseil Princes doe vse in their affaires that the whole world in a manner these many thousand yeres hath embrased successiō by blood rather than by election And all politike Princes wanting issue of their own bodies to succede them haue euer had a speciall care foresight for auoyding of ciuil dissention that the people allwayes myght knowe the true and certain heyr apparent of the Croune specially when there appeared any lykelyhode of varitie of opinions or factions to ensue about the true and laufull succession in gouernement The care of English kinges to haue the successour to be knovvn This care and foresight doeth manifestly appear to haue bene not only in manye Princes of forain Countreis but also in the kynges of England aswell before as after the Conquest namely in S. Edward kyng of England that holie Confessour by declaring and appoynting Edgar Atheling his nephews fonne Flores hist anno 1057 to be his heyre as also in kynge Richard the first who before he interprised his Iourney to Ierusalem Richard Chanon of the Trinitie ī Londō assembled his Nobilitie and Commons together and by their consentes declared Arthure sonne of his brother Duke of Britain to be his next heir and Successour of the Croune Of whiche Arthure flores hist anno 1190 Poli. l. 14. as also of the sayd Edgar Atheling we will speake more hereafter This care also had king Richard the second what time by authoritie of Parlament he declared for heir apparent of the Croune the Lord Edmond Mortymer that Maried Philip daughter and heyr of his vnkle Leonell Polid. l. 20. duke of Clarence And to descend to later times the late kyng Henry the eight shewed as it is knowen his prudence and zelous care in this behalfe before his last voyage in to Fraunce And nowe if almightie God should as we be all bothe prince and others subiecte to mortall chaunces once bereaue the Realme of England of their present Queene the hartes and mindes of men being no better nor more firmely setled and stayed towardes the expectation of a certain succession than they seme now to be then woe alas it woundeth my very hart euen once to thinke vpon the imminent and almost ineuitable perilles of that noble Realme being lyke to be ouerwhelmed with the raiging roaring waues stormes of mutuall discorde and to be consumed with the terrible fire of ciuil dissention The feare whereof is the more by reason that already in these later yeres some flames of this horrible fire haue sparkled and flushed abroad some part of the rage of those fluddes haue beaten vpon the Englishe shores I mean the hote contention that hath there bene sturred in so many places and among so many persones Of bookes also dispersed abroode so many wayes fashioned framed as either depraued affection peruersely lusted or zelous defense of truthe sincerely moued men Seing therfore that there is iust cause of fear and of great daunger lykely to happen by this varietie of mennes myndes and opinions so diuersely affected aswell of the meaner sort of menne as of greate personages I take it to be the parte of euery naturall Englishe man of suche as fauoure them to labour and trauaile eache man for his possibilitie and for suche talent as God hath gyuen hym that this so imminent a mischiefe may be in conuenient time preuented VVe see what witt policye paynes and charges men employe with dammes weares and all kynde of ingenious deuises to prouide that the sea or other riuers doe not ouerflowe or burst the bankes in suche places as are most subiecte to suche daunger VVe knowe also what politike prouision is made in many good Cities and townes that no daungerous fires do aryse through negligence and that the furie therof if any happen may speedilye be repressed with diligence VVherein Augustus the Emperour among other his famours actes is woorthely commended honored for appointing in Rome an ordinary wache of seuen companies in seuerall places to preuent suche mischiefes as come by fyre being hereunto induced by reason that the Citie was set on fire in seuen seuerall places in one daye And shall not then euery man for his part and vocation haue a vigilant care and respect to extinguishe and quenche fuche a fyre alreadye bursten owt as may if the matter be not wyselye looked vnto subuert distroy and consume not one Citie onlye but also a whole Realme Countrye VVhiche to suppresse one ready and commodiouse waye as I thinke is that the Countrey men people of that nation may throughly vnderstand and knowe from time to time in what persone the right of succession of the Croune of that Realme doeth stande and remayne For now many men partly through ignorance of the sayd right title partly through sinister persuasion of some lewd pamphlets whereunto they haue too lightly giuen credit are seduced and caried away quite from the right opinion and good meaning whiche once they had conceiued and from the reuerence and duetie that they other wyse woulde and shoulde haue VVhiche corruption of Iudgement and opinion I doe hartely wishe to be plucked out of the hartes and mindes of men and shall in this Treatise doe my best indeuoure with moste strong reasons and prooses to remoue the same not presuminge vpon my selfe that I am better able than all others this to doe but vpon duety and zeal to open a waye fot the knoulege of trueth whiche by so many indirect meanes is restreined obscured and persecutde after reading and vewing of suche bookes and the argumentes therof as haue bene set forth by the aduersaires to the contrarie whiles I was in England Ambassador for my most gratiouse Soueraigne ladye the Quene of Scotland I attempted this woork not vnrequested of some noble personages then of great accompte nor without the aduise counsail and Iudgement of some verie skillfull in the customes lawes and statutes of that Realme VVherein I verily hope to showe suche good matter for euident demōstration of the truth as semeth to me
the Lady Margaret Countesse of Sarisburie afterward maried to Pole The third brother Richard duke of Glocestre after the deceasse of his brother King Edward the fowerth caused the yong kyng Edward the fyft his said brothers sonne traiterously to be mordered lyke a Tyranne vsurped the Croune and called him selfe king Richard the third but as he iustly deserued he dyed dishonorably and was slain in the battail beside Bosseworth by king Hēry the seuēth so dyed without issue This seuenth king Henry descended of the house of Lancastre was then the principal persone of the other partie agaynst the house of York But to take away the matter of that contention he maried the said Elizabeth daughter to the sayd King Edward the fouerth The vnion of the houses of York and Lancastre then right heir of the house of York and so by vniting those two houses he dyd cut of all those long and perniciouse broyles Thus I haue brieflye set downe the original cause and the finall ende also of that so great and troublessome faction Yet to procede further touching the said king The yssue of Kinge Henry the seuenth Henry the seuenth he had by his said wyfe Quene Elizabeth a sonne called king Henry the eight for his other sonnes I omit because they died in the life tyme of their father and without issue And he had also two daughters Margaret wyfe of the fowerth kyng Iames of Scotland and Marie the wyfe of the twelueth king Lewes of Fraunce This king Henry the eight had for his first wyfe Catharin daughter to Ferdinando king of Spayn and by her he had a daughter the Ladye Marye afterward Queene of England But vnder a pretence that the sayd Catharin was the wyfe of his deceassed brother Arthur he putt her awaye and brought in Anne Bolleine daughter of Syr Thomas Bolleine knight and by her he had a daughter the most renowmed Lady Elizabeth now Queene of England And afterward he stroke of the head of the sayd Anne and Maryed the Ladye Iane Semer a knyghtes daughter by whom he had his sonne Edward whiche afterward was Kinge Edward the sixt and dyed without yssue Then were called to the crown by succession first the sayd Lady Marie and after her the sayd Ladye Elizabeth now Queene After whose deceasses without any laufull yssue of their bodyes the next place in succession ought of right to remayn to the sayd most noble Ladye Marye now Queene of Scotland But before I enter into the explication of this matter it shall not be farre from the purpose somewhat to speake of these other personnes that chalenge the right of fuccession as properly to them selues belonging King Henry therfore the seuenth by the sayd Queene Elizabeth daughter to king Edward the fowerth had as you haue heard his said sonne king Henry the eight and his sayd two daughters the Lady Margaret wyfe to king Iames of Scotland the fowerth the said Lady Mary wyfe to the sayd king Lewes of Fraunce the twelueth by whom she had no yssue The yssue of Queene Margaret of Scotlād And the sayd king Henry the eight had as I haue sayd by diuerse venters his sayd thre children king Edward Queene Marie and Queene Elizabeth Of the sayd Queene Margaret eldest daughter to the seuenth king Henry of England was by the sayd King Iames the fowerth her first busband begotten and borne the fift king Iames of Scotland father to the sayd most noble Ladye Marie now Queene of Scotland And after the decease of the sayd king Iames the fowerth the same Queene Margaret was maried to Archebald Erle of Anguish and by him had a daughter called the Ladie Margaret Duglasse sometyme the wyfe of Mathew Steward Erle of Leneux by whom she had two sonnes Henry and Charles of whom I will speake here after Mary the yonger daughter of king Henry the seuenth after the decease of her first husband the twelueth king Lewes of Fraunce The yssue of Marye the Frēche Queene by whom she had no yssue was maried to Charles Brandon Duke of Sulffolk by whom she had two daughters Frācise Eleonor For of her sōnes I omitt to speak because they died without issue The said Lady Francise was maried to Henry Gray Marquesse of Dorcestre afterward Duke of Suffolke This Henry Gray begat of her thre daughters to witt Iane Catharin Mary The same Lady Iane eldest of those thre was maried to Gilford Dudley the sonne of Iohn duke of Northumberland a mariage begunne in an vnfortunate houre for it brought with it destruction aswell to them bothe as to their parents and many others The sayd Ladye Catharin was espoused to Henry Harbert eldest sonne of VVilliam Erle of Pembroche And the Ladye Marye yongest of the said three was betrothed to Arthur Gray sonne of VVilliam Gray But bothe those contractes afterward by the procurement and special labour of the parentes rather than vpon good matter as I haue heard were in open court dissolued and pronounced to be of no validitie in law The like happened touching a priuie contract made betwene the same Lady Chatharin the Erle of Hartforde by whom she had two sonnes yet lyuing Of whome I will speak hereafter And thus farre touching the issue of the Lady Francise th one of the sayd two daughters of Charles Brandon by Mary the Frenche Queene Now let vs come to the sayd Lady Eleonor the other daughter of the sayd Mary This Eleonor was maried to George Clyfford Erle of Cumberland who had by her a daughter the Lady Margaret now wyfe to the Erle of Darby whiche two haue issue betwene them yet liuing And this is the true genealogie and pedegrue forsomuch as I could euer learn of all suche issue and ofspring descended of king Henry the seuenth and Queene Elizabeth his wyfe as at this day can claime any right title or interest in the Croune of England The remayn is to adde hereunto somewhat touching the progenie of the before named king Edward the fowerth The yssue of King Edvvard the fouerth This king Edward the fowerth the principall personne of the faction of the whyte Rose had two sonnes whom his brother Richard aspiring to the Croune a patern of the worst marke that euer was in the memory of man caused to be mordred And he had also fower daughters the eldest was Queene Elizabeth the before named wyfe of King Henry the seuenth the cheefe of the faction of the reade Rose as is before mentioned An other of the daughters was the Lady Catharin wyfe to VVilliā Courtney Erle of Deuonshire Of the other two daughters there is left no issue and therfore I omitt them This Lady Catharin had by the sayd Erle of deuonshire a sonne called Henrie Courtney whom his Cosin germain king Henry the eight caused to be beheaded vpon a pretense of treason This Henry Courtney left one onlye sonne called Edward Courtney whom in his tender yeres king Henry the
ere the first yere of his vsurped reigne turned about he was spoiled and turned out of both Croune and his life withal Yea his vsurpatiō occasioned the cōquest of the whole realme by VVilliā Duke of Normandie bastard sonne to Robert the sixt Duke of the same And may you thinke al safe sound now from like dāger if you should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice VVhat shal I now speake of the cruel ciuil warres betwene king Stephen and king Henry the second whiche warres rose by reason that the said Henry was vniustly kept from the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lamēt with the lamentable losse of Normandie Aquitaine the possibilitie of the Dukedome of Britanie and with the losse of other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawfull vsurping of him against his nephew Arthur VVell let vs leaue these greuouse and lothsome remembrances let vs yet seeke if we may finde any later interpretatiō either of the said statute or rather of the common law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exāples would not serue prouided a later but so good so sure apt mete interpretatiō for our cause as any reasonable hart may desire The interpretatiō directly toucheth our case I meane by the mariage of the Lady Margaret eldest daughter to King Hēry the vij vnto the fourth king Iames of Scotland and by the opinion of the same most prudent Prince in bestowing his said daughter into Scotlād a matter sufficient enough to ouerthrow all those cauilling inuētiōs of the aduersaries For what time King Iames the fourth sent his Ambassadour to King Henry the seuenth to obteine his good will to espouse the said Lady Margaret Polid. 26. there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not well like upon the said Mariage saying it might so fal out that the right title of the Croune might be deuolued to the Lady Margaret and her children and the Realme therby might be subiect to Scotland To the whiche the prudent and wise king answered King H. 7. vvith his Counsaile is a good interpretor of our present cause that in case any suche deuolution should happen it would be nothing preiudiciall to England For England as the chief and principal and worthiest parte of the I le should drawe Scotland to it as it did Normandie from the time of the Conquest VVhich answere was wonderfully well liked of all the Counsaile And so consequently the Mariage toke effect as appereth by Polydor the Historiographer of that Realme and suche a one as wrote the Actes of that time by the instruction of the king him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband Englād could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of that Realme VVherevpon I may well inferre that the said newe Maxime of these men whereby they would rule and ouer rule the successiō of Princes was not knowen to the said wise king neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of my Soueraigne Lady Queene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender cōsideration the aduersaries haue gone about to strayne the worde Infantes or children to the first degree only Of the like weight is their other consideration imagining and surmising this statute to be made bicause the king had so many occasions to be so oft ouer the sea with his spouse the Queene As though diuers kings before him vsed not oftē to passe ouer the seas As though this were a personal statute made of a special purpose and not to be taken as a declaration of the common law VVhiche to say is most directely repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries The mariages of King E. 3. sonnes as Iohn of Gaunt Duke of Lancastre that Maried Peters the king of Castiles eldest daughter by whose right he clamed the Croune of Castile as his brother Edmund Erle of Camhridge that maried the yongest daughter as Lionell Duke of Clarence that maried at Milaine Violant daughter and heir to Galeatius Duke of Milan But especialy Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascoine and his other sonne Richard that succeded his grandfather was borne at Burdeaux And as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philip to the King of Portugall and his daughter Catherin to the king of Spaine his Neece Iohan daughter to his sonne Erle of Somerset was ioyned in mariage to the king of Scottes Iohan daughter to his brother Thomas of wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britānie Now by these mennes interpretation none of the issue of all these noble women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Aūcestours VVhich surely had bene against the auncient presidentes examples that we haue declared and against the common Lawe the whiche must not be thought by this Statute any thing taken away but only declared and against all good reason also For as the kings of England would haue thought that Realme greatly iniuried if it had bene defrauded of Spaine or any of the foresaid countreies being deuolued to the same by the foresaid Mariages so the issue of the foresaide noble women might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretations and gloses as these men nowe frame and make vpon the statute woulde then haue serued nor nowe will serue A fond imagination of the Aduersaries of the statute of 25. E. 3. But of all other their friuolous and folish ghessing vpō the clause of the statute for Infantes de Roy there is one most fond of all For they would make vs beleue
eight imprisoned in the Tower of london where he remayned many yeres till the death of king Edward the sixt At whiche time that patterne of singular clemencie Queene Marie dyd not only delyuer hym but also restored hym to his auncient estate of blood and dignitie This yong noble man afterward dyed without issue at Padua in Italie but if he had liued he might with best right haue claimed the Croune of England after the issues of king Henry the seuenth and Queene Elizabeth his wyfe had bene extinguishhed In this Courtney now deceased the progenie of King Edward the fowerth had bene determined as concerning the streight line if the ofspring of king Henry the seuenth and Quene Elizabeth his wyfe were not yet liuing But if that at any tyme faile then must they seke for an heyr in the collateral line Therfore it is to be noted The collaterall lyne of the succession that the before mentioned Richard Plantagenet Duke of York which was slayn by Henry the sixt in the battail of wakefeild and of whose progenie we now speake had three sonnes to witt king Edward the fowerth George Duke of Clarence and Richard Duke of Glocestre Now then for default of issue in lineal descent from Edward the eldest brother we must haue recourse as is before sayd vnto the collateral descent that is to George Duke of Clarenee the second brother and to his succession For to speak any more of Richard the yongest brother whiche dyed without issue it were superfluouse George then duke of Clarēce yonger brother to Edward the fowerth had by his vyfe Isabell Countesse of VVarwik and Sarisbury two children to witt Edward and Margaret This George vpon suspition of treason to affect the kyngdome was by kyng Edward his brother priuilye put to deathe And his sonne Edward being but a child emprisoned in the Tower of lond where he was deteined vntill at last vpon lyke surmise kinge Henry the seuenth stroke of his head But the sayd Lady Margaret Countesse of Sarisburie was maried to Sir Richard pole knight by whom she had diuers sonnes to wytt Henry Arthur Geffray Reinald the same which afterward for his rare vertues and singular wisdome and learning was aduaunced to the dignitie of a Cardinal Cardinal Pole and called Cardinal Pole Henry the eldest brother to omitt the rest had two daughters Catharin Pole the elder sister whiche was maried to Francise Hastinges Erle of Huntingdon and VVenefride the yonger sister Of whiche VVenefride there is no nede to speak any more because there is yet liuing descended of the sayd Ladye Catharin a plentifull generation Thus it is euident and very playn that whan the lineal descent in bloode from king Henry the seuenth and Queene Elizabeth his wyfe shall fayle then must the right of the white Rose that is to saye of the house of Yorke whiche dyd spring of king Edward the fowerth be transplanted and be deriued by a collateral lyne from George Duke of Clarence vnto the house of the Poles and so vnto the house of haftings or Hūtingdon Yet is there an other braunche sprong out of the same stock The novv Emperor and King Philip are descended from King Edvvard the third I mean from Edward the third in a long course of descent And that is Philip the king Catholique of Spayn descended from Iohn of Gaunt Duke of Lancastre third sonne of king Edward the third For the sayd Iohn of Gaunt had two daughters Philipp and Catharin This Ladye Philipp was mother to Edward king of Portugal of whome all other the kings of Portugal sithince that tyme till this day are descended This Edward king of Portugal was father to Eleonor the Emperesse whiche was mother to Maximilian the Emperor father to Philipp king of Castil father to that most victoriouse Emperour Charles the fift father to the most prudent Prince Philipp the King Catholik of Spayn now raigning to the most graciouse Ladye Marie mother to Rudolphus now Emperour But no to omitt any thing which apperteyneth to the Royall succession I think it good to adde a word or two touching the Lady Margaret Duglasse Aunt that is to saye sister to the father of my Soueraign Lady now Queene of Scotland her mean whiche was maried to the Erle of Leneux a mariage verie plausible to king Henrye the eight or he indued her with great possessiōs in England this Ladye Margaret had by the sayd Erle two sonnes Henry and Charles Atferward the same Henry went in to Scotland to visit his father and sing in the Court there a comely yong gentlemā verie personable and of great expectation fownd suche fauour in the sight of that most Gratiouse Queene of Scotland as her Maiestie created hym Duke of Albanie Erle of Rosse And there withal she made a speciall choyse of hym to be her husband thynking therby that because he was born and brought vp in England her right and title might be more fortifyed and all surmised defectes supplied yf any thing there were that coulde be obiected against her Maiestie After this Mariage betwene that most noble Queene and the sayd Henry was solemnized and consummate her Grace had by hym a sonne my said Soueraign now king of Scotland called Iames the sixt A noble Prince of heroical towardnesse and of the best hope the vndoubted laufull heir of that most gratiouse Queene representing allwayes from his infancie a liuely Image of his mother and of her beautie vertues and graces Thus muche in few woordes concerning the succession of the Croune of England and of those persones which clame any interest therein But to the ende that all thinges may be more perfectlye discerned I haue caused to be sett downe in a table hereunto annexed all the degrees of descents both lineal and collaterall from king Edward the third from whome eyther of those two families of York Lancastre doe take their begynning In whiche table the whole order and processe of that noble stocke hanging together in a continuall course of succession may most easily appeare at the first sight Here is to folowe a Table of the sayd Genealogie A table of the Rase and progenye of suche persones as descending from the princely families of Yorke Lācastre doe eyther iustly clame or ambytiously couet the title of successiō to the Croune of Englād VVhere by all men may see by what right and in what course eache of the yssues of King Henry the seauenth and Queene Elizabeth his wife are to be orderly called to the Croune of that Realme A genealogie of the Kinges of Englād from VVilliam Duke of Normandie called VVilliam the cōquerour vntill this present yere of our Lorde 1584. VVhereas some persones ambitiouslie coueting the Croune of England doe practize sinisterly to discredit the right title of the laufull heyres and seke priu ilye to aduaunce I knowe not what new titles of their owne creation Therefore to remoue all scruples that hereupon may growe this table
most open and euidente so it is moste conformable to the lawe of God of Nature and of that Realme And consequentlye in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Royal blood She is a Kinges and a Queenes daughter her selfe a Queene daughter as is before declared to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to the late King Henrie the eight VVhose daughter also the late Ladie Lenoux was by a later husbande But Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Eleonour late wife to the Earle of Cumberlande and their Progenie proceede from the Lady Marie Dowager of Fraunce yongest Sister of the sayd King Henrye late wyfe to Charles Brandon Duke of Suffolke as is before declared I might here fetche foorth olde farne dayes I might reache backe to the noble worthie Kings long before the Conquest of whose Royal blood she is descended VVhiche I Intend not to treat vpon at this tyme. And though perhappes it might seme not much to enforce her title yet may it serue to proue her no stranger to England being of so long continuance and so many wayes descended of the kings and Royal blood of that Realme But the Argumentes and prouffes whiche we meane to alleage and bring forth for the confirmation of her right and title in Succession as Heire apparent to the Croune of England are gathered and grounded vpon the lawes of God and nature and not onely receaued in the Ciuile policies of other nations but also in the olde lawes and Customes of the Realme of England by reason approued by vsage and longe continuance of tyme obserued from the first constitution of that Realme in politicall order vnto this present day And yet for all that hath it bene and yet is by some men attempted artificiallye to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the sayd iust title the whiche they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And though it were enough for vs our cause being so firmely and suerly established vpon all good reason and lawe to stande at defence and only to auoide as easely we may their obiections whiche principally and chiefly are grounded vpon the common lawes and Statutes of that Realme yet for the bettering and strengthening of the same we shall Lay forth sundrie great inuincible reasons conioyned with good and sufficient authoritie of the lawe so approued and confirmed that the Aduersaries shal neuer be able iustly to impugne them And so as we trust after the reading of this Treatise and the effectes of the same well digested no maner of scruple ought to remaine in any indifferent mans hart concerning her right and title VVhose expectation and conscience allthough we truste fully in this Discourse to satisfie doubt nothing of the righteousnes of our cause yet must we nedes confesse the manner forme to entreate therof to be full of difficulty perplexity For such causes of Princes as they be seldome and rare so is it more rare strange to finde them discoursed discussed and determined by any lawe or statute albeit nowe then some statutes tende that waye Inst de iust iure â— fin Neither do the lawes of England nor the Corps of the Romaine and Ciuil lawes medle so muche with the direction of the right L. princeps â— de leg l. dignuÌ„ vâ—x C. eodem and titles of kings as with priuate mens causes And yet this notwithstanding for the better iustification of our cause albeit it I denie not but that by the common lawe it must be knowen who ought to haue the Croune and that the common lawe muste discerne the right aswel of the Croune as of subiectes yet I saye that there is a great difference betwene the Kings right and the right of others The common lavve of England is rather grounded vpon a generall custome than vpon any lavve vvritten And that the title of the Croune of that Realme of England is not subiect to the rules and principles of the common lawe of that Realme as to be ruled and tryed after suche order and course as the inheritance of priuate persones is by the same For the proofe whereof let vs consider what the common lawe of that Realme is and how the rules thereof be grounded and do take place It is very manifeste and plaine In Prologo suo eiusdeÌ„ li. fo 1. 2. De dict Ranulpho Glanuilla vide Giraldum Cambren in topogra de VVallia that the common lawe of the Realme of England is no lawe written but is grounded onely vpon a common and generall custome throughout the whole Realme as appeareth by the Treatise of the auncient famous VVriter of the lawes of the Realme named Ranulphus de Glanuilla who wrote in the time of the noble King Henrie the second of the lawe and Custome of the Realme of England being then and also in the time of the raigne of King Richarde the firste the chiefe Counsailour and Iustice of the same king and also by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncellour of England De laudibus Legum Angliae Fortescue de lau Leg. Angl. c. 17. 8. E. 4. 19. 33. H. 6. 51. Pinsons prime And by 33. H. 6. 51. and by E. 4. 19. VVhiche Custome by vsage and continuall practise heretofore had in the kinges Courts within that Realme is onely knowen and mainteined wherein the English nation seeme much agreable to the olde Lacedemonians who many hundred yeres past Inst de in re natura gent. ciuil §. ex non script most politikely and famously gouuerned their common VVealth with lawe vnwritten whereas among the Athenians the writen lawes bare all the sway This thing being so true as with any reason or good authoritie it can not be denied then we are further to consider whether the kinges title to the Croune can be examined tried and ordered by this common Custome or no. Yf it may then must yt be proued by some recorde that it hath bene so vsed otherwise the aduersaries only say it and nothing at all proue it For nothing can be sayde by lawe to be subiecte to any custome vnlesse the same hath bene vsed accordingly and by force of the same custome But I am well assured The Aduersaries haue shevved no rule of the common lavve that bindeth the Croune that the aduersaries are not able to proue the vsage and practise thereof by any record in any of the Kings courts Yea I will further say and also proue that they neither haue shewed nor can shew any one rule general or special of the
of her this Henry the second being in FraÌ„ce VVhervpon the said king did reuiue and renue the like othe of allegeance aswell to her as to her sonne after her VVith the like false persuasion the Aduersaries abuse them selues and their Readers touchinge Arthur Duke of Britanie Nephewe to king Richard the first As though forsooth he were iustly excluded by kinge Iohn his vncle bycause he was a forainer borne If they had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of that Realme as may well appeare among other thinges by king Richard the second who succeded his grand father king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chaleng their title interest then should they haue had some countenaÌ„ce of reason probabilitie bicause many arguments the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficieÌ„t barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a moste vnsure and false grounde seeing it is moste true that Kinge Richard the first as we haue said declared the said Arthur borne in Britanie and not sonne of a King but his brother Geffreys sonne Duke of Britanie to be heire apparent his vncle Iohn yet liuing And for such a one is he taken in all our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other than for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away The possessions of the Croune of England that vvere beyond the seas seased into the Frenche kings haÌ„ds for the murther of Arthur For the whiche facte the French king seased vpon all the goodly Countries in Fraunce belonging to the kinge of England as forfeited to him being the chiefe Lorde By this outragious deede of king Iohn the kings of EnglaÌ„d lost Normandie withal and their possibilitie to the inheritance of all Britanie for the right and Title to the saide Britanie was dewe to the said Arthur and his heires by the right of his mother ConstaÌ„ce And though the said king Iohn by the practise ambition of Queene Eleonour his mother and by the special procurement of Hubert then Archebishop of Caunterburie of some other factious persones in England preuented the said Arthur his nephew as it was easy for him to do hauing gotten into his handes all his brother Richardes treasures besides many other rentes then in England and the said Arthour being an infant remaining beyond the sea in the custody of the said Constance yet of this fact being against all Iustice aswell the said Archebishop as also many of the other did after most earnestly repent considering the cruell and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himselfe Polid 15. Flor histo An. 1208 VVhich most foul and shameful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had bene barred to inherit the Croune of England And much lesse to haue imprisoned that moste innocent Ladie Eleonour sister to the sayd Arthur in Bristow Castle wher she miserably ended her lyfe if that gay Maxime would haue serued to haue excluded these two children bicause they were strangers borne in the partes beyond the seas Yea it appeareth in other doinges also of the said time and by the storie of the sayd Iohn that the birth out of the allegeance of England by father mother forain was not taken for a sufficient repulse and reiection to the right and title of the Croune For the Barons of England being then at dissention with the said king Iohn and renouncing their allegeance to him receaued Lewis the eldest soÌ„ne of Philip the FreÌ„ch king to be their king in the right of Blanche his wife which was a stranger borne all be it the lawful Neece of the said Richard daughter to AlphoÌ„se king of Castil begotten on the bodie of Eleonour his wife Levvis the French Kings son claimed the Croune of that Realme in the title of his vvyf Pro hereditate vxoris meae scilicet neptis Regis Ioanusque ad mortem si necessitas exigere decertabo Flor histo Anno. 1216. Haroldus muneribus genere fretê° regni diadema inuasiit H. Hunte hist Angli lib. 6. Cui regnum iure hereditario debebatur Ealredus Rhiual in histo R. Angliae ad H. 2. Cui de iure debebatur regnuÌ„ anglorum Io. Lond. in Chro. Angliae EadeÌ„ verba sunt in Math. VVestmon in flor hist a. 1066. VVhat calamities fell to the Realme by the vsurping of King Harolde King Stephen and Iohn Rex Edwardus misit c. vt vel ipse Eduardus filius ieus sibi succedereÌ„t c. Rich. Cicest vid. VVil. Malmest de reg Angl. E. 2 c. 4â— lib. 3. c. 5. one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn VVhich storie I alleage only to this purpose thereby to gather the opinion of the time that so raine birth was then thought no barre in the Title of the Croune For ortherwise how could Lewis of France pretend title to the Croune in the right of the said Blanche his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolus imaginations or otherwise worse depraued for a good sure and substantial interpretation of the common law And it were not altogether from the purpose here to consider and weigh with what how greuous plagues that Realme hath bene oft afflicted and scourged by reason of wrongfull vsurped titles I will not reuiue by odious rehearsal the greatenes and number of the same plagues as well otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remembrance extinct and buried I will now put the gentle Reader in remeÌ„brance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncient what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monuments of Historiographers do plainly testifie was the true lawful Heire Could he think you enioy his ambitious and naughty vsurping on whole entier yere No surely
and auoyd all mutuall stryfe contention Lyke answer was made to Scipio surnamed Aphricanê° who hauing by many conflictes daunted the Numantines and broken their great forces asked of Tyresius Prince of the Celtanes how it happened that Numantia whiche so long tyme before had bene inuincible was at the last ouerthrowen bycause sayd Tyresius the amitye and concorde of the Citizens before made them victorious and nowe their discorde hath brought their destructioÌ„ For as there is nothing so weake slender whiche by concorde may not be strengthened so nothing is so strong but discorde can ouerturne it And it is manifestlye knowne what famouse common welthes haue bene defaced and ruyned by discorde and sedition and that no Empire is so wel fortified no Citie so surely established nor house so firmelye builded but that by hatred and dissention it may be ouerturned pulled in pieces dismeÌ„bred and destroyed For discord as Liuie sayeth maketh two Cities of one VVe see how the controuersie bettwene the two brothers Aristobulus and Hircanus brought the kingedome of Iewes in subiection to the Romanes whiles the one called in Pompey for ayd against the other Euenso the dissention of Christian Princes translated the Empire of Constantinople to the TiraÌ„ny of turkes Yea all Syria was by the noble Duke Godfrey of Bullon recouered and had bene submitted to Christianes if a suddain discorde had not frustrated their victorie Sythe then vnanimitie in loue frendshippe is of such importance as therevpon the safetie of a common wealthe dependeth we must endeuour our selfes with all industrie and trauaile to cherishe defend and reteyn concorde among vs. Now therfore when I deeply consider with how many and howe greate benefites and singular guiftes allmightie God hathe endewed your Yland Britaine aboue many other Countries I can not but greatly meruaile what should be the cause whie you are not more carefull to confirme a perpetuall peace and amitie among your selues For you want but this one thinge to make you seeme the most happie people in the worlde This Yland is so full fraught with all thinges necessarie to mannes vse as nothing is there wanting whiche a man may well wishe for First it is furnished with great store of all thinges nedefull eyther for mannes profit or for his pleasure in so much as not only it hath no need of helpe of other Countries but it is also able to supplie the wantes and to serue the turne of forreyners And all this fertilitie and welthe as in a strong Yland enuironed euery waye by sea is sufficiently fenced and fortified by the naturall situation from all foraine incursions inrodes Bysyde all this the commoditie of soyle and eyr be it spoken without offence of other nations bringeth foorth menne and women eyther in respect of comelynesse of personage strengthe of bodye or excellencie of witt so perfect as else where in any place are hardlie to be found Britaine therfore may well be accompted an Yland framed by nature and fashioned not only to defend itselfe but also to beare a great swaye in the worlde And not without cause for the Yle Crete was in auncieÌ„t mennes opinion estemed to be conueniently situated to get and gayne the Empire of Grece by cause it was euery waye enclosed by sea being not farre distant from Peloponese of one syde very neare to Triopio on an other side And by that oportunitie Minos King of Crete became Lord and Soueraign of those seas inuaded the yles adioyning placed in them new inhabitaÌ„tes and if he had not dyed as Aristotle saithe when he went about to conquerre Sicilia he was lyke to haue greatly enlarged the kyndome and dominions of Crete But in how many degrees doeth your Yle excell Crete It is not to be doubted but that your auncestors had achiued famouse interprises with great honour if their naturall helpes and valiant attemptes had not bene frustrated by their Ciuile dissentions VVell reason persuadeth me that a speciall occasion of all your dissentions procedeth from the multitude of Gouernours and from diuersitie of opinions and parties among the communaltye for the regiment of many is verie muche subiecte to stryfe and dissention Therfore Aristotle regarding that consonant vniforme agrement of all thinges whiche appeareth in the whole frame of the world settyth downe this for a conclusion the vvorld vvas made by one God And Homere poetically imagining that there were many Goddes contendyng among them selues about the wellfare and wrecke of Troye whiles some were of opinion to destroye the Citie and some to saue it at last he breaketh out into this exclamation The regiment of many is not profitable let one Gouerne For where the state is suche as many may beare the swaye there oftentimes many controuersies doe growe and verie harde it is for a societie to stand fast and continue bycause the more a man excedeth in haughtinesse or fiercenesse rather of mynde lesse able he is to endure a compere according to that sayeing of the Poet. There is no faithe in peeres of Royall state For none that rules can friendlye brooke a mate Neyther can Caesar yeeld to any one Nor Pompey lyke but aye to rule alone These such like contentions among your Princes haue muche hindered and disturbed your peace more than two thowsand yeres In so much as their inordinate desire to rule whiche is the very seminarie and sede plott of all warres is by your Riches nourished and with your great trauailes paines and bloodeshed fostered and maynteyned Oh miserable people Oh wreched infortunate state which neuer could brooke good fortune neuer wolde be reformed by any necessitie nor was bredde by good destinye but by selfe will and blyndenesse allwayes ouerruled Of trueth it is mere madnesse to preferre the lust and gredynesse of a few Tyrannes before a mans selfe and all that is his and before the safetye and lybertie of his Countrie As they of Sychem dyd whiche vpon the dishonest motion of Abimelech submitted them selues vnto his gouernement Iudic. 9. Methinkes that I heare his troublesome and sediouse speche I am your mouthe sayd he and of your flesh bloode better therfore it vvere for you to take me as your king than my brothers vvhiche are foreyners VVherevpon that fonde people leaned to him and to his rule and gouernement and sayed he is our brother Then Abimelech cruellye dyd fall vpoÌ„ the fiftye laufully borne brothers mordered them that he himselfe a basterd might raigne alone Yet God afterward punished that foule fact in Abimelech hym selfe and requited them of Sichem as they had deserued for the curse of Ioathan fell vpoÌ„ them The lyke wickednesse was in England committed by that mischeuouse parricide the Tyranne Richard who to gain the kingdom neither regarded the honour of his brother then lately deceassed the lyues of his noble Countrie men the blood of his nephewes the right heires of the Croune nor yet the Chastitie of their mother the Queene so great