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 his other uncle Iohn most tyrannously took both his kingdome and
other difference between us to judge or disceâne with indifferency Nay truly sâid the Gentleman for my pârt I thinke not so for that reason is reason in what religion soever And for my selfe I may protest that I beare the honest Papist if there be any no malice for his deceived conscience wheâof among others yâur selfe can be a witnes maty hâs Practices against the state I cannot in any wise digest and much lâsse may the Common-wealth beare the same wherof we all depend being a sinne of all other the most hainous and least pardonable And therfore seeing in this you grant the Papist both in generall âbroad and at home and in particular such as are condemned execuâed and named in this booke to be guilty how can you insinuate as you doe that there is more presumed or enforâed upon them by this booke then there is just cause so to doe Good Sir said the otheâ I stand not here to examine the doings of my superiours or to dâfend the guilty but wish hartily rather their puâishment that have deserved the âame Only this I say for âxplication of my former speech that men of a diffârent religâon fâom âhe state wherin they live may be said to deale against the same state in two sorts the one by dealing for the increase of âheir said different religion which is alwâies either directly or indirectly against the state Dâectly when the said religion containeth aây point or article directly impugning the said âaâe as perhaps you will say that the Roman Râligion doth against the present state of England in the poânt of Supremâcy and Indirectly for that every different religion divideth in a sort and draweth from the state in that there is no man who in his heart would not wish to have the chief Governour and state âo be of his religâon if he could and conseqâently misliketh the other in respâct of that and in this kind not only those whom you call busie Papists in England but also those whom we call hot Puritans among you whose difference from the state especially in matters of governement is very well known may be called all traytors in mine opinion for that every one of these indeed do labour indirectly if not more against the state in how much soever each one endâavoureth to increase his part or faction that ââsiâeth a Governour of his own religion And in this case also are the Protestants in France and Flanders under Catholike Princes the Calvinists as they are called under the Dâke of Saxony who is a Lutheran the Lutherans under Casimere that favoureth Câlvinists the Grecians and other Christians under the Emperor of Constantinople under the Sophy under the great Chame of Tarraây and under other Princes that agrâe not with them in religion All which Subjâcts doe wish no doubt in their hearts that thây had a Prince and state of their owne religion instead of that which now governeth them and consâquently in this first sense they may be called all trâyâors and every act they doe for advaââement of their said diffeâent âeligion dividing between the state and them tendeth to treason which their Princes supposing do sometimes make divers of their acts treasonable or punâshable for treason Buâ yet so long as thây bâeake âot forth unto the second kind of treason which containeth some actuall attempâ or treaty against the life of the Prince or state by rebellion or oâheâwise Wee doe not properly condemne them for traytors though they doe some acts of their religion made treason by the Prince his lawes who is of a different faith And so to apply this to my purposâ I thinke Sir in good sooth that in the first kind of treason as well the zealous Pâpist as also the Puritans in England may well be called and proved traytors but in the second sort whereof wee speake properly at this time it cannot be so precisely answered for that there may be both guilty and guilties in each religion And as I cannot excuse all Pâritans in this point so you cannot condemne all Papists as long as you take me and some other to be as we are I grant your distinction of treasons to be true said the Gentleman as also your application thereof to the Papists and Puritans as you call them not to want reason if there be any of them that mislike the present state as perhaps there be alâeit for my part I thiâke these two kinds of treasons which you have put down be rather divers degrees then divers kinds wherin I will refer mee to the judgement of our Cambridge friend here present whose skill is more in logicall distinctions But yet my reason is this that indeed the one is but a step or degree to the other not differing in nature but rather in time ability or oportunity For if as in your former examples you have shewed the Grecians under the Turke and other Christians under other Princes of a different religion and as also the Papists and Puritans as you âearme them in England for now this word shall passe betweene us for distinction sake have such alienation of mind from their present regiment and doe covet so much a governour and state of their owne religion then no doubt but they are also resolved to imply their forces for accomplishing and bringing to passe their desires if they had oportunity and so being now in the first degree or kind of treason doe want but occasion or ability to breake into the second True Sir said the Lawyer if there be no other cause or circumstance that may withhold them And what cause or circumstance may stay them I pray you said the Gentleman when they shall have ability and oportunity to doe a thing which thây so much desire Divers causes quoth the Lawyer but especially and above all other if it be at home in their owne Country the fear of servitude under forraine nations may restraine them from such attempts as we see in Germany that both Catholiques and Protestants would joyne together against any stranger that should offer danger to their liberty And so thây did against Charles the fifth And in France not long agoe albeit the Protestants were up in armes agâinst their King and could have been content by the help of us in England to have put him down and placed another of their own religion yet when they saw us once seazed of New haven and so like to proceed to the recovery of some part of our states on that side the Sea thây quickly joyned with their owâe Catholiques againe to âxpell us In Flanders lâkewise though Monsieur were called thither by the Protestants especially for defence of thâir religion against the Spaniard yet we see how dainty divers chief proââstants of Antwerp Gaunt and Bruges were in admitting him and how quick in expelling so soon as he put them in the least feare of
yâeld money he thaâ makâth title to what land or other thing he please and driveth the parties to compound for thâ same same he that âakeâh in whole Forests Commons Woods and Pastures to himsâlfe compelling the Tenants to make him pay new rent and what he cesseth he that vexeth and oppââsseth whomsoever hee lâst taketh fâom any whât hee lâât and maketh his owne claime suiâ and end as he list he thât selleth his favour with the Prince both abroad in forraine countries and at home and setteâth the price thereof what himselfe will demand he that hath and doth all this and besides this hath infinite presents daily brought unto him of great vâlue both in Jewels Plâte aâl kinde of Furniture and reâdy Come this man I sây may easily beare his owâe expences and yet lay up sâfficiently also to weary hââ Prince when need shall require You hâve said much sir qâoth âhâ Lawyer and such matter as toucheth nearly bâth her Majesty and the Commonwealth and yet in my conscience if I were to plead at âhe barre for my Lord I could not tell which of all these members to deny But for that which you mention in the last part of hâs gaining by her Mâjesties favour both at home and abâoad Touching his home-gaine it is evident seeing all that he hath is gotten onely by the opinion of her Majesties favour towards him and many men doe repaire unto him with fat presents rather for that âhey suppose he may by his favour do them hurt if he feele not their reward then for that they hope he will labour any thing in their affaires You remember I doubt not the story of him that offered his Prince a great yearly rent to have but this favour onely that hee might come every day in open audience and say in his eare God save your Majesty assuring himselfe that by the opinion of confidence and secret favour which hereby the people would conceive to be in the Prince towards him he should easily get up his rent againe double told Wherefore my Lord of Leycester receiving daily from her Majesty greater tokens of grace and favour then this and himselfe being no evill Merchant to make his owne bargaine for the best of his commodities cannot but gaine exceedingly at home by his favour And for his lucre abroad upon the same cause I leave to other men to conceive what it may bâ sithence the beginning of her Majesties reigne the times whereof and condition of all Christendome hath beene suâh as all the Princes and Potentaâes round about us have beene constrained at one time or other to sue to hâr Highnesse for aid grace or favour in all which sutes men use not to forget as you know the parties most able by their câedât to further or let the same In particular onely this I can say that I have heard of sundry Frenchmen that at such time as the treaty wâs betweene France and England for the re-delivery of Callis unto us againe in the first yeare of her Majesties reigne that now is when the Frenchmen were in great distresse and misâry and King Phiâip refused absolutely to make peace with them except Callis were restored to England whither for that purpose he had now delivered the French hostages the Frenchmen doe report I say that my Lord of Leycester stood them in gâeât stead at âhat necessity for his reward which you may well imagine was not small for a thing of such importance and became a suiter that peace might be conâluded with the release of Callis to the Frenchâ which was one of the most impiâus facts to say the truth that ever could be devised against his Common-wealth A small mâtter in him said the Gentleman for in this he did no more but as Christ said of the Jâwes âhat they filled up the measure of their Faâhers sinnes And so if you reade the story of Kiâg Edwards time you shall finde it most evident that this mans fâther before him sold Bulloâgâe âo the French by like treachery For it wâs dâlivered up upon compositâon wâthout necessiây or reason thâ five and twentieâh of April in âhe fourth year of King Edward the sixt when he I meaââ Duke Dudley had now put in the Tower the Lord Protector and thrust out of the Couâcell whom he listed as namâly thâ Earlâs of Aâundel and Southâmpton and so invaded the whole government himseâfe to sell spoile or dispose at his pleasure Wherefore this is but naturall to my Lord of Leycester by discent to make merchândise of the Sâaâe for his Grandfather Edmund also was such a kinde of Copesman An evill race of Merchants for the Common-wealth quoth the Lâwyer but yât Sir I pray you said he expound unto me somewhât more at large the nature of these licences which you named as also the changing of lands with her Mâjesty if you can set it downe any plainer for they seeme to be things of excâssive gaine especially his way of gaining by offending her Majesty or by her Highnesse offââce towards him for it seemeth to be a device above all skill or reasoâ Not so quoth the Gentleman for yoâ know that every falling out must have an attonement agâine whereof hee being suâe by the many ând puissant meanes of his frâends in Court as I have shewed before who shall not gâive her Majesty rest untill it be done then for this aââonement and in perfâct reconciliation on hâr Mâjâsties part she must gâant my Lord some suââ or other which he will have alwayeâ ready pâovided for that purpose and this sute shall hee well âble to reward his friends that laboured for his âecoâcilement and leave also a good remainder for himselfe And this is now so ordinary a practice with him as all thâ Realâe obsârvâth the same and disdaineth that her Majesty should bee so unworthily abâsed For if her Hâghnesse fall not out with him as often as he desireâh to gaine this way then he picketh some quarrell or other to shew himselfe discontented with her so that one way or other this gainfull reconciliation must be made and that often for his commodâty The like art he exerciseth in inviting her Majesty to his banquets and to his hoâses where if shee come she must grant him in sutes tenne times so muâh as the charges of all amount unto so that Robiâ playeth the Broker in all hiâ affâires and maketh the uttermost pânny of her Mâjesty every way Now for his change of lands I thinke I have beene reasonable plaine before yet for your fuller satisfaction you shall understand his further dealing therein to be in this sort Besides the good lands and of ancient possession to the Crowne procured at her Majesties hand and used as bâfore was declared hee useth the same tricke for his worst lands that he possesseth any way whether âhey come to him by extort meanes and plaiâe oppression or
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
against all the house and Line of Suffolke for first they say that Charlâs Bâandon Duke of Suffolke had a knowen wife alive wâen he married Mary Queen of France and consequently that neither the Lady Frances nor Elenor borne of that marriage can be lawfully borne And this is all I can heaâe them say against the succession of the Counâesse of Darby descended of Elenor. But against my Lord of Hartfords châldren âhat came from Franâes the eldest daughter I heare them alledge two or three bastardies more besides this of the first marriage For first they affirme that Henry Marquesse Dorset when hee married the Lady Frances had to wife the old Earl of Arundels sister who lived both then and many yeares after and had a provision out of his living to her dying day· wherby that marriage could no way be good Secondly that the lady Katherine daughter to the said Lady Frances by the Marques by whom the Earl of Hartford had his children was lawfully married to the Earle of Pembroke that now liveth and consequently could have no lawfull issue by any other during his life 3ly that the said Katherine waâ never lawfully married to the said Earl Hartford but bare him those children as his Concubine which âs they say is defined and registred in the Archb. of Canterburies court upon due examination taken by order of her Majesty that now reigneth and this is in effect so muâh as I have heard them all aledge about their affars It is much quoth I that you have said if it may be all proved Marry yet by the way I cannot but smile to heare my Lord of Leyâester allow of so many bastardies now upon the issue of Lady Frances whom in time past when Iane her eldest daughter was married to his brother he advanced in legitimation before both the daughters of king Henry the eight But to the purpose I would gladly know what grounds of verity these allegations have and how far in truth they may stoppe from inheritance for in deed I never heard them so distinctly alledged before Whereto answeâed the Gentleman that our friend thâ Lâwyâr could best resoâve that if it pleased hâm to spâake without his fee though in some points alledged every other man quoth he that knoweth the state and common government of England may easily give his judgement also And iâ the case of bastardy if the matter may be proved there is no dâfficulty but that no right to inheritance can justly bee pretended as also perhaps in the case of forraine birth though in this I am not so cunning but yet I see by experience that forrainers borne in other lands can hardly come and claime inheritance in England albeit to the contrary I have heard great and long dispâtes but such as indeed passed ây capacity And if it might please our friend here present to expound the thing unto us more clearly I for my part would gladly bestow the hearing and that with attention To this answered the Lawyer I will glâdly siâ tell you my minde in any thing that it shall please you demand and much more in this matter wherein by occasion of often conference I am somewhat perfect The impedâments which these men alledge against the succession of king Henry the 8. his sisters are of two kinds as you see The one knowne and allowed in our law as you have well said if it may be proved and that is bastardy whereby they seek to disable all the whole Line and race of Suffolke as also Arbella of the second and later house of Scotland Whereof it is to small purpâse to speak any thing here seeing the whole controversie standeth upon a matter of fact onely to be proved or improved by records and witnesses Onely this I will say that some of these bastardies before named are rife in many mens mouthes and avowed by divers that yet live but let other men looke to this who have most interest therein and may be most damnified by them if they fall out true The other impediments which are alledged onely against the Qâeene of Scots and her ãâã are in number three âs you recite them thââ is forraine birth king Henries testament and Religion whereof â am content to say somewhat seeing you desire it albeit there be so much published already in bookes of divers languages beyond the sea as I am informed concerning this matter as more cannot be said But yât so much as I have heard passe among Lawyers my betters in conference of these affaires I will not let to recite unto you with this proviso and protestation alwayes that what I speake I speak by way of recitall of other mens opinions not meaning my selfe to incurre the statute of affirming or avowing any persons title to the crown whatsoever First then touching forraine birth there bee some men in the world that will say that it is a common and generall rule of our law that no stranger at al may inherit any thing by any means within the Land which in truth I take to be spoken without ground in that generall sense For I could never yet come to the sight of any such common or universall rule and I know that divers examples may be alledged in sundry cases to the contrary and by that which is expresly set downe in the seventh ãâã ninth years of king Ed. the 4. and in the âlâventh ând fourteenth of Hen. thâ 4. it appearââh plainây that â stranger mây âurchase lands in England as also ââherit by hâs wife if he marry an inheritrix Wherefore this common rule ãâã to bee restraâneâ from that generality unto proper inheritance only ân which sense I do easily grant that our common Law hath been of ancient and is at this day that no person born out of the âllegâance of the king of England whose father mâthâr were not of the same allegiance at the time of his birth shall be able to have or dâmaâd any heritage within the same allegiance as heire to any person And this rule of our common Lâw is gathered in these sâlf same words of a statute made in the 25. year of king Ed. the third which indeed is the onely place of effect that can be alledged out of our law against the inheritance of strangers in such sense and cases as we âre now to treat of And albeit now the commoâ Law of our Country do runne thus in generall yet will theâ friends of the Scottish claime affirme that hereby that title is nothing let or hindred at all towârds the Crowne and that for divers manifest and weighty reasons whereof the principâll are these which ensue First it is common and a generall rule of our English lawes that no rule Axâome or Mâxima of law be it âever so generall can touch or bind the Crown except expresse mention bee made thereof in the same for that the
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
the matter But of all other things this is most of importance that the King never set his owne hand to the foresaid Will but his stampe was put thereunto by others either after his death or when he was past remembrance as the late Lord Paget in the beginning of Queen Maries dayes being of the Privie Councell fiâst of all other discovered the same of his owne accord and upon meere motion of conscience confessing before the whole Councell and afterward also before the whole Parlament how that himselfe was privy thereunto and partly also culpable being drawn therunto by the instigation and forcible authority of others but yet afterward upon other more godly motions detested the device and so of his owne free-will very honourably went and offered the discoverie thereof to the Councell As also did Sir Eâward Montague Lord chiefe Iustice that had been pâivy and present at the said doings and one William Clarke that was the man who put the stampe unto the paper and is ascribed among the otâer pretenâed witnesses confessed the whole premisses to be true and purchased his pardon foâ his offence therein Whereupon Queen Marie and her Councell caused presently the said Inrolement lying in the Chancerie to be cancelled defaced and âbolished And sithence that time in her Majesties dayes that now liveth about the 11. or 12. yeare of her reigne if I count not amiste by occasion of a cârtaine little booke spread abroad at that time vâry sâcretly for advancing of the house of Suffolke by pretence of this Testament I remember well the place where the late Duke of Norfolke the Marquâsse of Winchester which then was Treasuâer the old Eaâles of Arundell and Penbrooâe that now are dead with my Lord of Penbrook that yet liveth as also my Lord of Leycester himsâlfe if I bee not deceived with divert others met together upon this matter and after long conference about the foresaid pretensed will and many proofes and reasons laid downe why it could not be tâue or authenticall the old Earle of Penbrook protesting that he was with the King in his chamber from the first day of his sicknesse unto his last houre and thereby could well assure the falsification thereof at length it was moved that from that place they should goe with the rest of the Nobility and proclâime the Queen of Scotland heâre apparent in Cheap-side Wherein my Lord of Leycester aâ I take it was then as forward as any man else how bee it now for his profit he be turned aside and would turne back again to morrow next for a greater commodity And albeit for some causes to themselves best known they proceeded not in the open publishing of their determination at that time yet my Lord of Penbrook now living can beare witnesse that thus much is true and that his father the old Earle at that time told him openly before the other Noblemen that he had brought him to that assembly and place to instruct him in that truth ând to charge him to witnesse the same and to defend it also with his sword if need required after his death And I know that his Lordship is of that honour and Nobility as he cannot leave off easily the remembrance or due regard of so worthy an admonition And this shall suffice for tâe second âmpâdiment imaginâd to proceed of this supposed Testament of King Henrie the eighth As for the third impediment of religion it is not generall to all for that only one person if I be not deceived of all the Competitors in K. Henries Line can bee touched âith suspition of different Religion from the present state of England Which person notwithstanding as is well knowne while shee was in goveânment in her owne Realme of Scotland permitted all lâberty of Conscience and free exercise of Religion to those of the contrary profâssion and opinion without restraint And if she had not yet doe I not see either by prescript of law or practice of these our times that diversity of Religion may stay just Inheritors from enjoying their due possessions in any state or degree of private men and much lesse in the claime of a Kingdome which alwayes in this behalfe as hath been said before is preferred in priviledge This we see by experience in divers Countries and parts of the world at this day as in Germany where among so many Princes and so divided in religion as they be yet every one succeedeth to the state whereto he hath right without resistance for his religion The exâmples also of her Majesty that now is and of her sister before is evident who being known to be of two different inclinations in religion and the whole Realme divided in opinion for the same cause yet both of them at their severall times with generall consent of all were admitted to their lawfull inheritance excepting onely a feâ trâiâors against the fârmer who withstood her right as also in her the right of her Maiestie that is present and that not for Religion as appeâred by their owne confession after but for âmbition and desire of reigne Monsieur the Kings brother and heire of France as all the world knoweth is well acceptâd favoured and admitted for successor of that Crowne by all the Pâotestants at this dây of that Counâry notwithstanding his opinion in religion knowne to be different And I doubt not but thâ King of Navarre or Prince of Condy in the contrary part would thinke themselves greâtly injured by the stâte of ârance which is dâfferent from them in religion at this dây if after the death of thâ Kiâg that now is and his brother without issue if God so dispose they should be barred from inheriting the Crowne under pretence onely of theiâ Religion My Lord of Huntington himselfe also is he not knowne to bâe of a different religion from thâ present state of Englând and rhât if he weâe King to morrow nâxt he would alter the whoâe government order condiâion and state of râligion now used and established within the Realme But as I said in the beginning if one of a whole family or of divers families be culpable or to be touched herein what have the rest offended thereby will you exclude all for the mislike of one And to descend in order if the first in K. Henries line after her Majesty may be touched in this point yet why should the rest be damnified thereby The K of Scotland her son that next ensueth to speak in equity why should he bee shut out for his religion And are not all the other in like manner Protestants whose discent iâ consequent by nature order and degree For the yong K. of Scotland quoth I the truth is that alwayes for mine own part I have had great hope and expectation of him not onely for the conceipt which commonly men have of such Orient youths borne to kingdomes but especially for that I understood
hee was going towards the place of his appoynted destiny there was given up into his hands a detection of the whole treason with request to read the same presently which he upon confidence omitted to doe Wee read also of Alexander the great how hee was not onely forbidden by a learned man to enter into Babylon whither he was then going for that there was treason meant against him in the place but also that he was foretold of Antipaters mischievous meaning against him ân particular Buâ the yong Prince hâving so well deserved of Antipatâr could not bâ brought to mistâust the man that was so deaâe unto him and by that meanes was poysoned in a banquât by three sons of Antipater which were of most credit and confidence in the Kings Chamber Here truly my heart did somewhat tremble with feare horror and detâstation of such events And I said unto the Gentlemân I beseech you Sir to talke no more of these matters for I cannot well abide to heare them named hoping in the Lord thât there is no câuse nor ever shâll be to doubt the like in England especially from thâse mân who are so much bound to her Majesty and so forward in seeking out and pursuing all such aâ may be tâought to be dângerous to her Majesties peâson as by the âundây late executions wee have have seân and by the punishments every way of Papists we mây perceive Truth it is quoth the Gentlemân that justice hath bin done upon divers of late which contenteth me gâeatly for the terrouâ and râstraint of others of what sect or religion soâver they be And it is most necâssary doubtles for the compressing of paâtiâs that greât vigilance be used in thaâ behalfe But when I consider that only one kind of men are touched heâein and that all speeâh regard doubt distrust ând watch is of them alone without reflection of eye upon other mens doings or dâsignements when I see the double diligence and vehemency of cârtaine instruments which I like not bent wholly to raise wonder and admiration of the people feare terrour and attention to the dâinâs sayings and meanings of one part or âaction alone and of that namely and only which these conspirators esteem for most dangerous and opposite to themselves I am beleeve me often tempted to suspect fraud and false measure and that these men deale as wolves by nature in other Countries are wont to do Which going together in great numbers to assaile a flocke of sheep by night doe set some one or two of their company upon the wind side of the fold a far off who parly by their sent and oâher bruteling which of purpose they make may draw the dogs and shepheards to pursue them alone whiles the other doe enter and slay the whole flock Or as rebels that meaning to surprize a Town to turne away the Inhabitants from considering of the danger and from defence of that place where they intend to enter doe set on fire some other parts of the Towne further off and doe sound a false alarme at some gate where is meant least danger Which art was used cunningly by Richard D. of Yorke in the time of King Henrie the sixt when he to cover his owne intânt brought all the Realme in doubt of the doings of Edmond Duke of Somerset his enemy But Iohn of Northamberland father to my Lord of Leycester used the same art much more skilfully when hee put all England in a maze and musing of the Protector and of his friends as though nothing could be safe about the yong King untill they were suppressâd and consequently all brought into his owne authority without obstacle I speake not this to excuse Papists or to wish them any way spared wherein they offend but onely to signifie that in a Countrey where so potent factions bee it is not safe to suffer the one to make it selfe so puissant by pursuit of the other as afterwards the Prince must remaine at the devotion of the stronger but rather as in a body molested and troubled with contrarie humours if all cannot be purged the best Physick is without all doubt to reduce and hold them at such an equality as destruction may not be feared of the predominant To this said the Lawyer laughing yea marry Sir I would to God your opinion might prevaile in this matter for then should wee bee in other tearmes then now we are I was not long since in company of a cetaine honourable Lady of the Court who after some speech passed by Gentlemen that were present of some apprehended and some executed and such like affâires brake into a great complaint of the present time and therewith I assure you moved all the hearers to griefe as women you know are potent in stirring of affections and caused them all to wish that her Majesty had beene nigh to have heard her words I doe well remember quoth she the first dosen yeares of her Highnesse reigne how happy pleasant and quiet they were with all manner of comfort and consolation There was no mention then of fâctions in religion neither was any man much noted or rejected for that cause so otherwise his conversation were civill and couâteous No suspition of treason no talke of bloudshed no complaint of troubles miseries or vexations All was peace all was love all was joy all was delight Her Mâjestie I am sure took more Recreation at that time in one day than shee doth now in a whole week and wee that served her Highnesse enjoyed more contentation in a weeke than we can now in divers yeares For now there are so many suspitions every where for this thing and for that as we cannot tell whom to trust So mâny melancholick in the Court that seem male-contented so many complayning or suing for their friends that are in trouble others slip over the Sea or retire themselves upon the suddaine so many tales brought us of this or that danger of this man suspected of that man sent for up and such lâke unpleasant ând unsavorie stuffe as we can never almost bee merry one whole day together Wherefore quoth this Lady wee that are of her Majesties traine and speciall service and doe not onely feele these things in our selves but much more in the grief of her most excellent Majesty whom we see dayly molested herewith being one of the best natures I am sure that ever noble Princesse was indued withall wee cannot but mone to behold contentions advanced so far forth as they are and we could wish most heartily that for the time to come these matters might passe with such peace friendship and tranquillity as they doe in other Countryes where difference in religion breaketh not the band of good fellowship or fidelity And with this in a smiling manner she brake off asking pardon of the company if she had spoken her opinion over boldly like a woman To whom answered a Courtier that
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