croune by descent of blood falleth vppon IAMES the sixt King of Scotland by lineall succession heire to the Ladie Margaret eldest daughter of King Henrie the seauenth aswell of his fathers side as of his mothers The truth whereof being so manifest as it can not be denied some fauorers of the house of Suffolk and others alledge certain impediments to debarre him from his right If I would followe the example of others and especiallie of such as maintaine the false titles of the King of Spaine his sister I might alledge impediments of no little importance against the titlers of the foresaid house of Suffolke But the King of Scotlands right needeth no furtherance by stayning of any others birth or honor by reason that the obiections which are made against him beeing disprooued as easilie they may bee his right by descent of blood can not with anie reason or probabilitie be brought in question The impediments objected against him are in number three which God willing I will sufficientlie disprooue eschewing so far as I may all tediousnes The first is forrain birth the second a pretended testament of King Henrie the eight the third an acte of association alledged to haue bene made in Parliament the 27. yeare of her Maiesties reigne THE OBIECTION OF FORRAIN birth is clearlie avoided THE first by such as obiect the same is grounded vpon an alledged maxime or generall assertion of the common law which is that who soeuer is borne out of England and of father mother not beeing vnder the obedience of the King of England can not be capable of anie inheritance in England Heereunto I answere that this maxime is vntrue in that generall sense as it appeareth expreslie by that which is set doun by law in the seuenth ninth yeares of King Edward the fowrth in the eleuenth and fourteenth of King Henrie the fowrth That a stranger may purchase land in England as also that hee may inherite by his wife if he marie an inheretrix But the true maxime or rule against the inheritance of strangers is grounded onelie vpon a statute made in the 25. yeare of King Edward the third and is to be restrained vnto proper inheritances onlie to wit that no person borne out of the alleageance of the King of England whose father and mother were not of the same alleageance at the time of his birth shal be able to haue or demand anie heritage within the same alleageance as heire to anie person Which rule for sundrie reasons can not be prejudiciall to the King of Scotlands right First for that it is a common and generall rule of the Lawe of England that no rule or maxime of the law be it neuer so generall can touche or be vnderstood of matters concerning the croun except expresse mention be made thereof and that the croun is priuiledged in manie points aboue private heritages The second reason is for that the demand title of a croun can not be cōprehended vnder the words of the foresaid statute against aliens and that for two respects First for that the croun can not properlie be called an inheritance of alleageance or within alleageance as the wordes of the saide statute doe stand for that it is not holden of anie superiour nor with alleageance but immediatlie of God and secondly for that the statute meaneth plainlie of inheritance by descent for otherwise as is said an alien may holde by purchase But the croun is a thing incorporate descendeth not according to the course of other priuate inheritances but rather goeth by succession as other incorporations doe In signe whereof no King can by law auoyd his letters patents by reason of his none-age as other common heires vnder age do But he is euer presumed to be of full age in respect of his croun And as a Parson Deane or other head incorporate though he be an alien might inherite or demand landes in England for his incorporation notwithstanding the former statute so much more the inheritour to the croun though he bee borne out of the dominion of England may notwithstanding the said statute succeed justlie to the kingdome The third reason is that in the statute itself ther is expresse exceptiō of Infants du Roy by which words according to the vse of them in the french language wherein this statute is written as also of the word Liberi in latine is vnderstood not onlie the Kings issue of the first degree but also his ofspring in other degrees following For otherwise this exception would be to no purpose considering that according to the words of the statute Subjects children in the first degree borne out of the Kings alleageance may haue or demand heritages as heires to their parents or others Also the Kings children in the first degree needed no such exception because the words of the statute debarring those that should be borne of parents not being of the Kings alleageance could no wise be prejudiciall to them but rather to those of the Kings ofspring who in degrees farther remooued might bee borne in forraine dominions as sundrie of king Edward the thirds ofspring were comming of his sonns maried in diuers countries for whose behoof especiallie it seemeth that this exception was added by him to the former statute And if this exception of infants du Roy be vnderstood onlie in respect of priuate heritages that may fall to them in which onlie sense it seemeth to haue relation to the words of the statute making mention of heritages within the kings allegeance how much more is the priviledge contained therein due to the inheritour of the croun who by all right and equity may claime a greater praerogatiue in his succession to the kingdom than any other of the kings ofspring in his priuate inheritance The fourth reason is that sundrie borne out of the Realme and of parents that were not of the allegeance of England when they were born as namely king Steuen and king Henrie the second were admitted to the croune without contradiction in respect of their forraine birth Which argueth that by the common course of our old common lawes there was no such stop against aliens and that if the statute made in King Edward the thirds dayes woulde haue derogated or abridged this auncient libertie it wold haue made speciall mention thereof which it doeth not The fifth reason is the judgement of King Henrie the seauenth and of his counsell concerning this matter POLID VERG hist lib. 26. For they being in consultation together about the mariage of Margaret the kings eldest daughter with Iames the fowrth at that time King of Scotland some of them mooued a doubt to wit what should ensue if by chance the Kings issue male shuld faile and the succession descend to the said Margaret as it now doth Whereunto that moste wise and prudent Prince made answere That if so it chanced England being the cheef and principall parte of the Iland should thereby receaue no domage
then was Treasurer the Earls of Arundel and Pembroke together with his sonne and my Lord of Lecester with others met together vpon that matter And after long conference about the foresaid pretended Will and manie proofes laid downe why it could not be true the olde Earle of Pembrok protesting that hee was with the King in his chamber from the first day of his sicknes to the last houre and that thereby he could assure them this pretended will to be false and counterfait at length by some of them it was mooued that from that place they should go with the rest of the Nobilitie and proclaime the Scottish Queene heire apparent in Cheapside And albeit for some causes to thēselues best known they proceeded not in publishing of the same yet my Lord of Pembrok now liuing can bear witnesse that this much is true that his father the olde Erle told him openly at that time before the noble men that he had brought him to that assembly to instruct him in the truth and charged him to witnesse the same to defend it also with his sword if neede required after his death The remembrance and due regard of which admonition as yet no doubt remaineth in the minde of that noble man All these reasons and proofes being more than sufficient to disproue this pretended Testament I proceed forward to the confutation of the third and last obiection THE ALLEDGED ACT OF ASSOciation is disprooued and vpon occasion offered thereby is declared the great force and prerogative of right by inheritance to the succession of a Kingdome THE third obiection which is an alledged act of association is vrged by a fugitiue and seditious traitour disguising himself vnder the name of Dolman in a conference which he hath published touching the Royal succession wherein going about to disprooue the right and titles of all such as are extract of the blood Royall since King Henrie the sixt and to currie fauour with the King of Spain and the Infanta by forging them titles and interest to the croun of England he sheweth himself most malitious against the King of Scotland aboue all others moouing doubts and surmises though full of notorious vanitie and falshood to bring his right in question to disgrace his person for that hee is assured nothing will so much ouerthwart the desire and purpose that he and his like haue of betraying their natiue countrie to the enemies thereof as the acknowledging accepting of the King of Scotland for right and lawfull inheritour to the croun But the onlie obiection which he auoucheth how shameles soeuer he be to be such as can not be aunswered is an act of association alledged by him to haue beene made in Parliament the 27. yeare of her Maiesties reigne containing these words That whosoeuer shal be conuinced to conspire attempt or procure the death of the Queen or to be priuie or accessarie to the same shall loose all right claime or actiō that the same parties or their heires haue or may haue to the croun of England Wherunto he addeth that vpon this statute the late Queene of Scotland being condemned and executed by authoritie of the saide Parliament it seemeth euident that this King who pretendeth al his right to the croun of England by his saide mother can haue none at all This is the somme of Dolmans obiection which is clearlie disprooued by the manifest vntruth of that which he alledgeth For neither any such act of Parliament hath euer bene made neither also is it true that the king hath no other right to the croun of Englād than by his mother for that hee may likewise justlie claime the same by his father as appeareth manifestlie by the descent of kindred set doun in the beginning of this treatise The ground whereon Dolman hath deuised his forged act of Parliament was an act or Instrument of association made by some Lordes of the counsell not long before the Scottish Queens arraignement wherin were contained certain promises to be made for the preseruation of the Queens Maiesties person by such as should subscribe therunto Among which promises one is That they shall neuer desist from all maner of forcible pursute to the vttermost extermination of all such persons or their abettors that shall by anie act counsell or consent doe anie thing that shall tend to the harme of her Maiesties Royall person And if anie such wicked attempt shal be taken in hand or procured whereby anie that haue may or shall pretend title to come to the croune by the vntimelie death of hir Maiestie so wickedlie procured may be advanced they bind themselues jointly and seuerallie neuer to accept allow or fauour anie such pretēded successor by whom or for whom any such detestable act shall be committed or attempted or anie that may any way claime by or from such a person or pretended successour This act of association being sent throughout the Realme to be with oath ratified and subscribed was by sundry men of honourable degree and good conscience thought so hard and wrongfull by reason of the clause concerning such as might claime by or from anie person culpable of anie attempt against her Maiesties person as they refused their oathes subscription therunto Wherevpon the next Parliament following an act was made limiting and restraining this penaltie and exclusion onelie to those pretenders By whom or by whose meanes assent or priuitie any inuasiō or rebellion shall bee had or made into or within anie of her Maiesties Realmes or dominions or any acte attempted tending to the hurt of hir Maiesties Royal person the same being first denounced by such a nūber of persons of such estate and in such manner as is expressed in the said act Wherunto is also added That if any such detestable act should be executed against her Maiesties person whereby her life should be taken away that then euerie such person by or for whom any such act should be executed and their issues beeing in anie wise assenting or priuie to the same should by vertue of this act be excluded dishabled for euer to haue or claime or to pretend to haue or claime the croun of this Realme or anie other her Maiesties Dominions This act of Parliament whereby the former act of counsell is limited restrained no wise debarreth the King of Scotland from the croun as euidentlie appeareth by that part thereof which I haue rehearsed and by the rest of the same act published among the other acts of that Parliament seeing he is free as the world knoweth from all suspition of anie wicked attempt against her Maiesties person and from al cōsent or priuitie therunto And trulie it is not credible that her Maiestie or the Parliament would go about to debarre him by any such act as is alledged by Dolman seing they may with reason perswade themselues that no such act would stay him from claiming pursuing his right nor such as are in England wel affected towards
naturall reason it seemeth most meete that since both countries are but one Iland they should bee also vnder one dominion Which being brought to passe we shall not neede to feare the malice and power of any enemies be they neuer so mightie Another commoditie is the reduction and keping of the Irishry vnder the obedience of the croun of England For either willingly they will submit themselues to the King of Scotlands authoritie in respect of their auncient friendship and often alliance with the Scottish nation and of the said Kings descent by blood from their auncient Kings especiallie seeing the offences they haue committed hitherto haue not bene made against him or else if vvilfullie and obstinatlie they shall persist in their rebellion they may being of the one side assaulted with our forces of the other by the Scottish nation hardened no lesse than they are to all kinde of trauaile and suffering within short time be vtterlie subdued Moreouer it will be no small advantage to vs that the Princes nobilitie and people of France Germany Denmark and other Christian nations among whome the King of Scotlands right to the crowne of England is not vnknowne will approue our vprightnesse and justice in this point and be the more willing and ready to maintain friendship entercourse traffick with vs whereas refusing the King of Scotlād his right we should procure their hatred and enemitie against vs with the danger of forraine inuasion of beeing made a praie to strangers as before I haue declared It is also a singular benefit offred vs by God that the Prince who is to succeed in the Kingdome hath issue likewise to succeed him so as we need not feare new disturbance of the common wealth for the vncertaintie of succession after his reigne For he hath alreadie three children whereof the Prince which is the eldest being past fiue yeares is of such towardnesse as great expectation may be justlie had of him Since therefore the willing admission of the King of Scotland in due time will procure so manie and great commodities to this realme as also the withstanding him in his juste cause so great inconueniences and dangers as I haue hitherto declared truelie they are to be condemned of extreme follie madnesse who being caried away with vain conceits and with the remmbrance of olde quarrels which haue bene betwixt both countries wil repine grudge at the advancement of the King of Scotland so just and necessarie for our common wealth As these men remember olde quarrels so would I wish them to remēber that there hath bene also anciēt friendship betwixt both nations especially betwixt their kings as the often alliance made betweene them doth witnesse For besids alliances made before the conquest Iane King Iohns daughter was maried to Alexander King of Scotland Margaret the daughter of his next successour Henry the third to an other Alexander Iane daughter of Edward the second to King Dauid Iane daughter to Iohn Duke of Somerset grandfather to Henrie the seauenth was maried to Iames the first lastly Margaret eldest daughter of King Henrie the seauenth to King Iames the fowrth This often alliance sheweth that there hath beene olde friendship betuixt the Kings of both nations though interrupted from time to time with quarrels and warres the principall cause wherof hauing bene the diuision of this Iland into diuerse kingdomes the vniting therof vnder one dominion will out of all doubt be the only meanes to procure peace and concord betwixt all the inhabitants thereof Which vnion as it hath beene sought heretofore though in vain by sundrie of our own Kings with no small endeauour and trauaile as namely by Edward the first Edward the second and not long since by Edward the sixt so now a fit occasion is offered of bringing the same to passe at such time as both nations by the continuance of peace and amitie which hath remained betwixt them these fiftie yeares past and by their agrement in Religion may bee easily linked in perpetuall vnitie and concorde Neither is it anie such inconuenience as some mē imagine that the Prince who is to reigne ouer both nations is not born in England considering that he is so manie waies extract and that by father as wel as by mother of the blood Royall of England and that he hath bene alwaies and continueth yet a sure and faithful friend to our estate as his behauiour towards the same doth well declare For hauing bene inuited by sundrie fair promises and large offers made him by our most hatefull and mightie enemies and sollicited by some of his owne subjects vpon injuries as they alledged done him to break of friendship with vs yet his constant affection towardes our common wealth could neuer be altered What desire he hath alwaies had of keeping our frontiers from all annoiance no lesse than his own it is well ynough knowne by his continual carefulnesse concerning this point and especiallie by his sending not long since into our countrie for pledges of good order to be kept on his part the LL. of Bacleuch Cesford Wardens of the Scottish marches His patience also in waiting for the time appointed by God and not attempting ought vvhich might be any vvise prejudicial to the person or estate of our soueraigne Lady a rare example of patience and moderation in such as are to succeed to a kingdome may be to vs a sufficient warrant of his honorable disposition and constant affection tovvards hir Maiestie and the common wealth Wherewith are joyned manie other vertues and princelie qualities that may justlie mooue vs not onlie to admit him but also to inuite him to the succession of the Kingdome as his pietie and sinceritie in Religion his magnanimitie voide of ambition his good inclination to justice tempered with clemencie his temperate minde and behauiour not stained with anie spot of filthie lust or sensualitie his princelie liberalitie yet no powling or pilling of his subjects for entertainement thereof his extraordinarie painfulnesse and great dexteritie in reforming the disorders of his realme notwithstanding sundrie difficulties and impediments which are in this reformation Besides which and other princelie vertues wherewith he is indued when he shall haue the manifolde great advantages that the Monarche of this Kingdome hath aboue other Princes as the assistance of his obedient and dutifull Nobilitie the sage advise of moste wise and expert Counsellours the godlie exhortations of the learned Cleargie procuring obedience to the Prince and his Lawes the help and furtherance of faithfull Iudges carefull Officers and other good subiects to the execution of his Lawes commandements and finally the dutifull and reuerent affection of the people towardes their Prince there is no doubt but by his meanes this Kingdome shall flourish in continuall peace with all encrease of honour and prosperitie To conclude therefore since by the prouidence of God this worthie Prince is offered to vs whose title is so just whose admission is so expedient and necessarie whose person ought to be so acceptable to vs for his good deserts and Princelie vertues I hope that all good and faithfull subiects of all estates within this Realme will in due time willinglie admit and receaue him to the succession of the kingdome FINIS