admitted to the Crovvn Yonge Arthure also Duke of Bretaigne by his mother Constance that matched vvith Geffray K. Henrie the secondes sonne vvas declared by K. Richard his Pol. lib. 15 Flor. hist 1208. vncle at his departure tovvardes Ierusalem and by the vvhole Realm for lavvfull heire apparent to the Crovvne of England though he vvere borne in Bretaigne out of English alleagiaunce and so he vvas taken and adiudged by all the vvorlde at that day albeit after king Richards death his Kinge Iohâ— a Tyraunt other vncle Iohn moste Tyrannouslie toke both his kingdome and his lyfe from him For vvhich notable iniustice he vvas detested of all men both abrode at home and most apparentlie scourged by God vvith grieuous and manifolde plagues both vppon him selfe and vppon the Realme vvhich yeelded to his vsurpation So that by this also it appeareth vvhat the practize of our countrie hath bene from tyme to tyme in this case of forreine birth vvhich practize is the best interpretor of our common English lavv vvhich dependeth especialie and moste of al vpon custome nor can the aduersarie aleage anie one example to the contrarie Their sixt is of the iudgement and sentence of K. The sixt reason The iudgement and sentence of K Henry the seuenth Henrie the seueÌ„th and of his Councell vvho being together in consulation at a certaine tyme about the mariage of Margaret his eldest daughter into Scotland some of his Councell moued this doubt vvhat should ensue if by chaunce the kinges issue male should faile and so the succession deuolue to the heires of the said Margaret as novv it doth VVherunto that vvise and moste prudent Prince made ansvvere that if anie such euent should be it could not be preiudicial to England being the bigger parte but rather beneficial for that it should dravve Scotland to EnglaÌ„d that is the lesser to the more euen as in tymes paste it hapened in Nor mandie Aquitane and some other Prouinces VVhich ansvvere apeased all doubtes and gaue singular contention to thes of his Councell as Polidore vvriteth that liued at that tyme and vvrote the special matters of that reigne by the kinges ovvn instruction So that hereby vve see no question made of K. Henrie or his Councellours tovvching forreine birth to let the succession of Ladie Margarets issue vvhich no doubt vvould neuer haue bene omitted in that learned assemblie if anie lavv at that tyme had bene estemed or imagined to barre the same And thes are sixe of their principalest reasons to proue that neither by the vvordes nor meaning of our common lavves nor yet by custom or practize of our Realm an Alien may be debarred froÌ„ claime of his interest to the Crovvn vvhen it falleth to him by rightful discent in blood and successioÌ„ But in the particular case of the Q. of Scottes and her The seuenth reason The Q of Scot. and her sonne no Aliens sonne they do ad another reason or tvvo therby to proue theÌ„ in verie deed to be no Aliens Not only in respect of their often coÌ„tinual mixture vvith English blood froÌ„ the beginning and especialie of late the Q GrauÌ„dmother husbaÌ„d being English so her sonne begoten of an English father but also for tvvo other causes reasoÌ„s vvhich seme in trueth of verie good importaunce The first is for that Scotland by al Englishe men hovv so euer the Scottes denie the same is taken holdeÌ„ as subiect to EnglaÌ„d by vvay of Homage vvhich manie of their kinges at diuers tymes haue acknovvledged coÌ„sequeÌ„tlie the Q. and her sonne being borne in Scotland are not borne out of the aleagiaunce of England and so no forreyners The second cause or reason is for that the forenamed statute of forreyners in the fyue and tvventie yeare of K. Edvvard the third is intituled of those that are borne beyond the seas And in the bodie of the same statute the doubt is moued of children borne out of English aleagiaunce beyond the seas vvherby cannot be vnderstood ScotlaÌ„d for that it is a peece of the coÌ„tinent land vvithin the seas And al our olde recordes in England that talke of seruice to be done vvithin thes tvvo countries haue vsualy thes latin vvordes infra quatuor Maria or in frensh deins lez quatre mers that is vvithin the foure seas vvherby must needes be vnderstood as vvel Scotland as England and that perhapes for the reason before mentioned of the subiectioÌ„ of Scotland by vvay of Homage to the Crovvn of England In respect vvherof it may be that it vvas accompted of olde but one dominion or aleagiaunce And consequently no man borne therin can be accompted an Alien to England And this shal suffice for the first point touching forreine Natiuitie For the secoÌ„d impedimeÌ„t obiected vvhich is the The second impediment against the Q. of Scot. and her sonne vvhich is K. HeÌ„rie the eight his Testament TestameÌ„t of K. HeÌ„rie the eight authorized by parliameÌ„t vvherby they affirme the successioÌ„ of Scotland to be excluded it is not precisely true that they are excluded but only that they are put back behiÌ„d the succession of the house of Suffolk For in that pretended TestameÌ„t vvhich after shal be proued to be none indeed king Henrie so disposeth that after his ovvn children if they should chaunce to die vvithout issue the Crovvn shal passe to the heirs of Fraunces and of Elenore his neipces by his yonger sister Marie Q. of Fraunce and after them deceasing also vvithout issue â—he succession to returne to the next heires againe VVherby it is euideÌ„t that the successioÌ„ of Margaret Q. of ScotlaÌ„d his eldest sister is not excluded but thrust back only froÌ„ their due place and order to expect the remainder vvhich may in tyme be left by the yonger VVherof in mine opinion do ensue some considerations Forreine birth no impediment in the iudgment of K. Henry the eight against the present pretenders them selues First that in K. Henries iudgement the former pretended rule of forreine birth vvas no sufficient impedimeÌ„t against ScotlaÌ„d for if it had bene no doubt but that he vvould haue named the same in his aleaged Testament and therby haue vtterlie excluded that succession But there is no such thing in the Testament Secondlie yf they admit this Testament vvhich The succession of Scotland nexte by the iudgment of the coÌ„petitours alloteth the Crovvn to ScotlaÌ„d next after Suffolk then seing that al the house of Suffolk by thes mens assertion is cexcluded by Bastardie it must needes folovv that Scotland by their ovvn iudgement is next and so this testament vvil make against them as indeed it doth in al pointes moste apparentlie but onelie that it preferreth the house of Suffolk before that of Scotland And therfore I think Sir that you mistake somvvhat about their opinion in aleaging this Testament For I suppose that no man of my Lord of Huntingtons faction vvil aleage or vrge the testimonie of
For first they affirme that Hērie Marques Dorset vvhen he married the Ladie Fraunces had to vvife the olde Earle of Arundels sister vvho liued both then and manie years after and had a prouision out of his liuing to her dying day vvherby that mariage could no vvay be good Secondlie that the Ladie Katherin daughter to the said Lady Fraunces by the Marques by vvhom the Earle of Hartford had his children vvas lavvfulie maried to the Earle of Penbrook that novv liueth and consequentlie could haue no lavvful issue by anie other during his life Thirdlie that the said Katherin vvas neuer lavvfulie maried to the said Earle of Hartford but bare him thos childrē as his Concubine VVhich as they say is defined and regestred in the Archbisshop or Cāturburies Court vpon due examination taken by order of her Ma. that novv reigneth and this is in effect so much as I haue heard them aleage about thes affaires SCHOL It is much quoth I that you haue said if it may be al proued Marie yet by the vvay I cannot but smile to heare my Lord of Leycester alovve of so manie bastardies novv vppon the issue of Ladie Fraunces vvhom in tyme paste vvhen lane her Leicester dealing vvith the house of Suffolk eldest daughter vvas married to his brother he aduaunced in legitimation before both the daughters of K. Henrie the eight But to the purpose I vvould gladie knovv vvhat groundes of veritie thes alegations haue and hovv far in trueth they may stoppe from inheritance for indeed I neuer heard them so distinctlie aleaged before GENTL VVherto ansvvered the Gentleman that our friend the Lavvier could best resolue that if it pleased him to speak vvythout his fee though in some points aleaged euerie other man quoth he that knovveth the state and common gouernment of England may easily giue his iudgement also As in the case of Bastardie if the matter may be proued Bastardy ther is no difficultie but that no right to inheritaunce can iustlie be pretended as also perhaps Forreyne byrth in the case of forreine birth though in this I am not so cunning but yet I see by experience that forreiners borne in other landes can hardlie come and claime inheritaunce in England albeit to the contrarie I haue heard great and long disputes but such as indeed passed my capacitie And if it might please our friēd here present to expound the thing vnto vs more clearly I for my parte vvould gladlie bestovv the hearing and that vvith attention LAVV. To this ansvvered the Lavvyer I vvil gladie Sir tel you my mind in anie thīg that it shal please you demaund much more in this matter vvherin by occasiō of oftē cōference I am somevvhat perfect The impedimētes vvhich thes men aleage against the succession of K. Henrie the 8. his sisters are of tvvo kindes as you see The one knovven and alovved in our lavv as you haue vvel said if it may be proued and that is bastardie vvherby they seck Bastardies lauful stops to disable al the vvhole Line and race of Suffolk as also Arbella of the second and later house of Scotlād VVherof it is to smal purpose to speak any thing here seing the vvhole controuersie stādeth vpon a matter of fact onlie to be proued or improued by recordes and vvitnesses Onlie this I vvil say that some of thes bastardies before named are rife in manie mens mouthes auovved by diuers that yet liue but let other men loke to this vvho haue moste interest therin and may be moste damnified by them if they fal out true The impedimentes agaīst Scotland three in number The other impedimentes vvhich are aleaged onlie against the Q of Scottes and her sonne are in number three as you recite them that is forreine birth K Henries Testamēt and religion vvherof I am contente to say somevvhat seing you desire it albeit ther be so much published alredy in bokes of diuers languages beyond the sea as I am enformed concerning this matter as more cannot be said But yet so much as I haue heard passe among Lavvyers my betters in conference of thes affaires I vvil not let to recite vnto you vvith this Prouiso A protestation and protestation alvvayes that vvhat I speake I speak by vvay of recital of other mens opinions not meaning my self to incurre the statute of affirming or auovving any persons title to the Crovvn vvhatsoeuer First then touching forreine birth ther be some Touchīg the first impediment of f 〈…〉 yue by 〈…〉 men in the vvorld that vvil say that it is a common and general rule of our lavv that no straunger at al may inherit anie thing by anie meanes vvithin the lād vvhich in trueth I take to be spoken vvithout ground in that general sense For I could neuer yet come to the sight of anie such common or vniuersal rule and I knovv that diuers examples may be alleaged in sundrie cases to the contrarie and by that vvhich is expreslie set dovvne in the seuenth and ninthe yeares of K. Edvvard the fouerth and in the eleuenth and fouertienth of Henrie the fourth it appeareth plainlie that a An Alien may purchasse straunger may purchase landes in England as also inherite by his vvife if he marrie an inheritrix VVherfore this common rule is to be restreined from that generalitie vnto proper inheritaunce onlie in vvhiche sense I doe easilie graunte The true Maxima against Aliens that our common lavv hathe bene of auncient and is at this day that no person borne out of the aleagiaunce of the kinge of England vvhos father and mother vvere not of the same aleagiaunce at the tyme of his birthe shal be able to haue or demaunde anie heretage vvithin the The statute of K. Edvvard vvhence the Maxima is gathered same aleagiaunce as heire to anie person And this rule of our common lavve is gathered in thes selfe same vvordes of a statute made in the 25. yeare of K. Edvvarde the thirde vvhiche in deede is the only place of effecte that can be aleaged out of our lavve against the inheritaunce of straungers in suche sense and cases as vve novv treate of Reasons vvhy the Scottish title is not leted by the Maxima Against Aliens And albeit novv the cōmon lavv of our countrie do runne thus in general yet vvil the friends of the Scottishe clayme affirme that hereby that title is nothing let or hindered at al tovvards the Crovvn and that for diuers manifest and vveighty reasons vvherof the principal are thes vvhich ensue First it is common and a general rule of our The first reason English lavves that no rule Axiome or Maxima of lavv be it neuer so general can touche or binde the Crovvn except expresse mētion be made therof in the same for that the king and Crovvn haue great preuiledge and prerogatiue aboue the state and affayres of subiectes and great differences alovved in pointes of lavv As for example
death of K. Edvvard by â—he said Dudley this mans father vvho at one blovv procured to dispatâ—h from al possession of the Crovvn al three children of the said noble king And yet in the middest of those bloodie practizes against her Ma. that novv is and her sister vvherin also this felovvs hand vvas so far as for his age he could thrust the same vvythin sixetiene dayes before K. Edvvardes death he knovving belike that the king should die vvrote moste flatering Deep dissimulatioÌ„ letters to the Ladie Marie as I haue heard by them vvho then vvere vvyth her promissing al loyaltie and true seruice to her after the discease of her brother vvyth no lesse painted vvordes then this man novv doth vse to Q Elizabeth So delt he then vvyth the moste deare children of his good king master by vvhom he had bene no lesse exalted and trusted then this man is by her Ma. And so deeplie dissembled he then vvhen he had in hand the plot to destroye them both And vvhat then alas may not vve feare and doubt of this his sonne vvho in outragious ambition and desire of reigne is not inferiour to his father or to anie other aspiring spirit in the vvorld but far more insolent cruel vindicatiue expert potent subtile fine and fox-like then euer he vvas I like vvel the good Sir Fran. VValsing ham motion propounded by the foresaid gentleman to his friend at the same tyme and do assure my self it vvould be moste pleasaunt to the Realm and profitable to her Ma. to vvyt that this mans actions might be called publiquelie to tryal and libertie giuen to good subiectes to say vvhat they knevv Edmund Dudley against the same as it vvas permitted in the first yeare of K. Henrie the eight against his Graundfather and in the first of Q. Marie against his father Ihoâ— Dudley and then I vvould not doubt but yf thes tvvo his auncestors vvere found vvorthie to leese their Robert Dudley heades for treason this man vvould not be found vnvvorthie to make the third in kinred vvhose trecheries doe far surpasse them both LAVV. After the Gentleman had said this the Lavvyer stood stil somevvhat smyling to him self and looking round about him as though he had bene half afeard and then said My masters do you read ouer or studie the statutes that come foorth haue you not heard of the PROVISO made in the last Parliament for punishmeÌ„t of those vvho speak so broad of such men as my L. of Leycester is GENTL Yes said the gentleman I haue heard hovv that my L. of Leycester vvas verie careful and diligent at that tyme to haue such a lavv to passe against talkers hoping belike that his L. vnder that generall The lavv agaynst talking restreint might lye the more quyetlye in harbrough from the tempest of mens tongues vvhich tatled busilie at that tyme of diuers his Lordships actions affaires vvhich perhaps him self vvould haue vvished to passe vvith more secretsie As of his discontentemeÌ„t preparation to rebellion vpon Monsieurs first comming into the land of his disgrace and checks receyued in court of the fresh death of the noble Erle of Essex and of this mans hastie snatching vp of the vvidovv vvhom he sent ActioÌ„s of Leicester vvherof hevvould haue no speech vp and dovvn the countrie from house to house by priuie vvayes therby to auoid the sight knovvledg of the Q. Ma. And albeit he had not onlie vsed her at his good liking before for satisfying of his ovvn lust but also married and remarried her for contentation of her friendes yet denyed he the same by solemne othe to her Ma. and receiued the holie coÌ„munion thervpon so good a coÌ„science he hath and consequentlie threatned moste sharp reuenge tovvards al subiectes vvhich should dare to speak therof so for the concealing both of this and other his doinges vvhich he desired not to haue publik no maruaile though his Lordship vvere so diligent a procurer of that lavv for silence SCHOL In deed said I it is verie probable that his Lordship vvas in great distres about that tyme vvhen Monsieurs maters vvere in hand and that he did manie thinges and purposed more vvherof he desired lesse speeche among the people especialie aftervvardes vvhen his said designmentes toke not place I vvas my self that yeare not far from VVarvvike vvhen he came thither from the Coutt a ful Mal-Content vvhen it vvvas thought moste certainlie throughout the Realm that he vvould haue taken armes soone after yf the mariage of her Ma. vvyth Monsieur had gone forvvard The thing in CaÌ„bridge in al the coÌ„trie as I rode vvas in euerie maÌ„s mouth it vvas a vvounder to see not onelie the contenaunces but also the behauior to heare the bold speeches of al such as vvere of his faction My Lord him self had giuen out a litle before at Killing vvorth that the mater vvoulde coste manie Leicester Preparatiues to rebellion vpoÌ„ MoÌ„sieurs mariage broken heades before Michelmasse daye next and my Lord of VVarvvik had said openly at his table in Green vviche Sir Thomas Hennige being by if I be not deceyued that it vvas not to be suffred I meane the mariage vvhich vvordes of his once comming abrode albeit misliked by his ovvn Ladie theÌ„ also present euerie Seruing-man common compaignion toke then vp in defence of his Lordships part agaist the Q. Ma. Such tunning ther vvas such sending posting about the Realm such amplification of the povvers forces of Cassimere other Princes redie as vvas affirmed to present them selues vnto his aide for defence of the Realm religioÌ„ against straungers for that vvas holdeÌ„ to be his cause such numbring of parties complices vvythin the Realm vvherof him self shevved the To Sir Th Layton Catalogue to some of his frieÌ„des for their comfort such debasing of them that fauoured the mariage especialie tvvoe or three Councellors by name L. Treasurer L. Chamber layne M CoÌ„ptroler vvho vvere said to be the cause of al and for that vvere appointed out to be sharplie punished to the terrour of al others such letters vvere vvriten and intercepted of purpose importing great povvers to be redie so manie other thiÌ„ges done designed tending al to manifest open vvarre as I began hartelie to be afeard and vvished my self back at CaÌ„bridge againe hoping that being ther my scholars govvne should excuse me from necessitie of fighting or if not I vvas resolued by my Lordes good leaue to folovv Aristotle vvho preferreth alvvay the Lyon before the Beare assuring my self vvythal that his Lordship should haue no better successe in this if it came to tryal theÌ„ his father had in as bad a cause so much the more for that Ivvas priuie to the mindes of some of his friendes vvho meant to haue deceyued him if the matter had broken out And amongest other ther vvas a certeine VicepresideÌ„t in the vvorld vvho
shevv the mans good fortune in seeing them dead vvhom for causes he vvould not haue to liue And for his arte of poysoning it is such novv and reacheth so far as he holdeth al his foes in EnglaÌ„d and els vvher as also a good manie of his friendes in feare therof and if it vvere knovven hovv manie he hath dispatched or assaulted that vvaye it vvould be meruailous to the The Lord Chamber layne posteritie The late Earle of Sussex vvanted not a scruple for manie yeares before his death of some dramme receyued that made him incurable And vnto that noble gentleman MoÌ„sieur Simiers Monsieur Symiers is vvas disconuered by great prouideÌ„ce of God that his lyfe vvas to be attempted by that arte and that not taking place as it did not through his ovvne good circumspection it vvas concluded that the same should be assaulted by violeÌ„ce vvherof I shal haue occasion to saye more herafter It hath byn told me also by some of the seruaunts of the late Ladie Lenox vvho vvas also of the blood Royall by ScotlaÌ„d as all men knovv coÌ„sequentlie The poisoning of the Ladie Lenox lytle lyked by Lecester that a lytle before her death or syknes my L. toke the paynes to come and visit her vvith extraordinarie kyndenes at her house at Hackeny bestovviÌ„g loÌ„ge discourses vvith her in priuate but as soone as he vvas departed the good Ladie fell into such a Flux as by no meanes could be staied so long as she had liffe in her bodie vvhervpon both she her selff and all such as vvere neare about her and savv her disease and ending daye vvere fullie of opinion that my Lorde had procured her dispatche at his being ther. VVherof let the vvomen that serued her be examined as also Fovvler that then had the chiefe doinges in her affayres and synce hath byne enterteined by my L. of Lecester Mallet also a straunger borne that then vvas about her a sober and zelous man in religion and othervvise vvell qualified can say somevvhat in this poynt as I think if he vvere demauÌ„ded So that this arte and exercise of poysoning is much more perfect vvith my Lord then praying and he seemeth to take more pleasure therin Novv for the second point vvhich I named touching mariages and contractes vvyth vvomen you must not meruayle though his Lordship be somvvhat diuers variable and inconstant vvyth him Leycester moste variable dealing vvyth vvemeÌ„ in coÌ„tractes mariages self for that according to his profit or his pleasure and as his lust and lyking shal varie vvherin by the iudgement of all men he surpasseth not onlie Sardanapalus and Nero but euen Heliogabalus him self so his Lordship also chaungeth vviues and Minions by killing the one denying the other vsing the third for a tyme and the favvning vpon the fourth And for this cause he hath his tearmes pretences I vvarrant you of Contractes Precontractes Postcontractes Protractes and Retractes as for example after he had killed his first vvyfe and so broken that contract then forsooth coÌ„tractes vvould he needes make him self husband to the Q. Ma. and so defeat al other Princes by vertue of his precontract But after this his lust compelling him Preconts actes Postcontractes to an other place he vvould needes make a postcoÌ„tract vvyth the Ladie Scheffield and so he did begetting tvvo children vpon her the one a boye called Robin Sheffield novv lyuing some tyme brought vp at Nevvington and the other a daughter borne as is knovven at Dudley Castle But yet after his concupiscence chaunging agayne as it neuer stayeth he resolued to make a retracte Retract of this postcoÌ„tract though it vvere as surelie done as I haue said as Bed and Bible could make the same to make a certaine nevv protract vvhich Protract is a contynuation of vsing her for a tyme vvyth the vvidovv of Essex But yet to stop the mouthes Leycester tvvo TestameÌ„ts of-out-cryars and to burie the Synagogue vvyth some honour for thes tvvo vvyues of Leycester vvere merrilie vvittilie called his olde and nevv Testamentes by a person of great excelleÌ„cie vvithin the Realm he vvas content to assigne to the former a thovvsand povvndes in money vvyth other petie considerations the pitifullest abused that euer vvas poore Ladie and so betake his lymmes to the later vvhich later notvvythstanding he so vseth as vve see novv confessing novv forsvvearing novv dissembling the mariage as he vvyll alvvayes yet kepe a voyde place for a nevv surcontract vvyth anie other vvhen occasion shall require SCHOL Novv by my truth Sir quoth I I neuer heard nor red the like to this in my lyfe yet haue I red much in my tyme of the carnalitie and lycentiousnes of diuers outragious persons in this kind of sinne as namlie these vvhom you haue mentioned before especialie the Emperour Heliogabalus vvho passed all other and vvas called Varius of the varietie of filth vvhich he vsed in this kinde of carnalitie varius Heliogabalus his moste in famous death or carnall beastlines VVhose death vvas that being at length odious to al men and so slaine by his ovvn souldiours vvas dravven through the Citie vpoÌ„ the ground like a dogge caste into the coÌ„mon priuie vvyth this Epitaphe Hic proiectus An Epitaphe est indomitae rabide libidinis catulus Here is throvven in the VVhelp of vnâ—evvlie and raging luste vvhich epitaphe may also one day chance to serue my L. of Lecester vvhom you cal the Beare-vvhelp yf he go forvvarde as he hath begonne and die as he deserueth But good Sir vvhat a commpassion is this that amonge vs christians and namlie in so vvel gouerned A pitteful permissioÌ„ and religious a common vvealth as ours is such a riot should be permitted vpon mens vviues in a subiect vvheras vve read that among the verie heatheÌ„s lesse offences then these in the same kinde vvere extremelie punished in Princes them selues and that not onlie in the person delmquent alone but also by extirpatioÌ„ of the vvhole familie for his The extirpation of the Tarquinians sake as apeareth in the example of the Tarquinians amonge the Romans And here also in our ovvn Realm vve haue regestred in Chronicle hovv that one king Edvvin aboue six huÌ„dreth years past vvas An. Do 959. depriued of his kingdom for much lesse scandalous factes then thes GENTL I remeÌ„ber vvel the storie quoth the gentleman ther by do easilie make coÌ„iecture vvhat differeÌ„ce ther is betvvyxt those tymes of olde our dayes novv seing theÌ„ a Crovvned Prince could not passe vnpunished vvyth one or tvvo ontragious actes vvheras novv a subiect raysed vp but yesterday froÌ„ the meaner sorte rangeth at his pleasure in al licentiousnes The into lerable licentiousnes of Lei. carnalitie and that vvith secuâ—itie void of feare both of God and man No mans vvife can be free from him vvhom his firie lust liketh to abuse nor their husbaÌ„des able to
of châ—ef rule vnder other pretences and after to deuise vpoÌ„ the title at his leysure But novv to come to the third argument I saie The 3. argument The nature of the cause it self more and aboue al this that the nature and staâ—e of the matter it self permitteth not that my L. of Leycester should meane sincerelie the Crovvn for Huntington especialie seing ther hath passed betvven them so many yeares of dislike and enimity vvhich albeit for the time present commodity be couered and pressed dovvn yet by reason and experience vve knovv that aftervvard vvhen they shal deale together againe in matters of importaunce and vvhen ielousie shal be ioyned to other circumstaunces of their actioÌ„s it is impossible that the former mislike should not breake out in far higher degre then euer before As vve savve in the examples of the reconciliation The nature of olde reconciled enimyty made betvvixt this mans father and Edvvard Duke of Somerset bearing rule vnder king Edvv. the sixt and betvven Richard of York Edmund Duke of Somerset bearing rule in the time of king Henry the 6. Both vvhich Dukes of Somerset after reconciliatioÌ„ vvyth their olde craftie ambitious enimies vvere brought by the same to their destruction soone after VVherof I doubt not but my L. of Leycester vvil take good heed in ioyning by reconciliation vvyth Huntington after so long a breach and vvil not be so improuident as to make him his soueraign vvho novv is but his dependeÌ„t He remembreth to vvel the successe of the L. StaÌ„ley vvho helped K. HeÌ„rie the 7. to the Crovvn of the Duke of Buckingham vvho did â—he same for Richard the 3. of the Earle of VVarvvick vvho set vp K. Edvvard the 4. and of â—he three Percies vvho aduauÌ„ced to the Scepter K. Henry â—he 4. Al vvhich noble men vpon occasions that after fel out vvere revvarded vvyth death by the self same Princes vvhom they had preferred And that not vvythout reason as Siegnior Machauel The reason of Machauel my L. Councellor affirmeth For that such Princes aftervvard can neuer giue sufficient satisfaction to such friendes for so great a benefit receiued And consequentlie least vpon discontentmeÌ„t they may â—haunce do as much for others against them as they haue done for them against others the surest vvay is to recompence them vvyth such a revvarde as they shal neuer after be able to complaine of VVherfore I can neuer think that my L. of Leycester vvil put him self in daunger of the Like successe at Huntingtons haÌ„des but rather vvil folovv The meaninge of the Duke of Nortâ—umber vvyth Suffolk the plot of his ovvn father vvyth â—he Duke of Suffolk vvhom no doubt but he meant onelie to vse for a pretext and help vvherby to place him self in supreame dignitie and aftervvardes vvhat so euer had befallen of the state the others head could neuer haue come to other end theÌ„ it enioyed For yf Q. Marie had not cut it of K. Iohn of NorthuÌ„berland vvould haue done the same in tyme and so al men do vvel knovv that vvere priuie to anie of his cunning dealinges And vvhat Huntingtons secret opinion of Leycester is notvvythstanding this ovvtvvarde shevv of depeÌ„dence â—t vvas my chauÌ„ce to learne from the South hovvse mouth of a special man of that Hastie king vvhoe vvas his ledger or agent in London and at a tyme faling in talke of his masters title declared that he had heard him diuers tymes in secret complaine to his Ladie Leycesters sister as greatlie fearing that in the end he vvould offer him vvrong and pretend some title for him selfe LAVV. VVel quoth the Lavvyer it seemeth by this last point that thes tvvo Lords are cunning practisioners in the arte of dissimulation but for the former vvherof you spake in truth I haue hearde men of good dicourse affyrme that the Duke of The meaniâ—g of the D. of Noâ—thuÌ„ tovvards the D of Suffolk Northumberland had straunge deuises in his head for deceauing of Suffolk vvho vvas nothing so fine as him self and for bringing the Crovvn to his ovvn familie And among other deuises it is thought that he had most certaine intention to marrie the Ladie Marie him self after once he had brought her into his ovvn handes and to haue bestovved her Ma. that novv is vpon some one of his children yf it should haue bene thought best to giue her lyfe so coÌ„sequentlie to haue shaken of Suffolk and his pedegre vvyth condigne punishment for his bolde behauiour in that behalf SCHOL Verilie quoth I this had bene an excellent Stratageme yf it had taken place But I pray you Sir hovv could him self haue taken the Ladie Matie to vvyfe seing he vvas at that tyme married to an other GENTL Oh quoth the Gentlemen you question like a Scholar As though my L. of Leycester had not a vvyfe a liue vvhen he first began to pretend mariahe to the Q. Ma. Doe not you remember the storie of K Richard the third vvho at such tyme as he thought best for the establishing of his title The practise of K. Richard for dispatching his vvyfe to marrie his ovvn nepce that aftervvard vvas married to king Henrie the seueÌ„th hovv he caused secretlie to be giuen abroode that his ovvn vvyfe vvas dead vvhom al the vvorld knevv to be then a liue and in good health but yet soone aftervvard she vvas sene dead indeed Thes great personages in matters of such vveight as is a kingdom haue priuileges to dispose of vvomens bodies mariages liues and deathes as shal be thought for the tyme moste conuenient And vvhat do you think I pray you of this nevv A nevv Triumuirate betvveÌ„ Ley. Talbot the CouÌ„tesse of Shreâ—sbury TRIVMVIRAT so latelie concluded about Arbella for so I must cal the same though one of the three persons be no Vir but Virago I meane of the mariage betvvene yong DeÌ„bigh the litle daughter of Lenox vvherby the father in lavve the Grandmother the vncle of the nevv designed Queene haue conceyued to them selues a singular tryumphant reigne But vvhat doe you think may ensue hereof is ther nothing of the olde plot of duke Iohn of Northumberland in this LAVV. Marie Sir quoth the Lavvyer yf this be so I dare assure you ther is sequele enough pretended hereby And first no doubt but ther goeth a deep drift by the vvife and sonne against olde Abraham the husband and father vvith the vvel lyned large poutch And secondlie a far deeper by trustie Robert against his best Mistres but dâ—â—pest of â—l by the vvhole Cravv against the designememes of the Hastie Earle vvho thirsteth a kingdome Huntington vvith great intemperaunce and seemeth yf there vvere plaine dealing to hope by thes good people to quenshe shortlie his drought But either parte in truth seeketh to deceyue other and therfore it his hard to saye vvher the game in fine vvil reste GENTL VVel hovv so euer that be quoth
reuenge As also doth the disdeigne of certaine checkes disgraces receyued at some tymes especialie that of his last mariage vvhich irketh him so much the more by hovv much greater feare and daunger it brought him into at that tyme and did put his vvidovve in such open phrensie as she raged manie monethes after against her Ma. and is not cold yet but remayneth as it vvere a svvorne enimie for that iniurie and standeth like a fiend or furie at the elbovve of her Amadis to stirre him forvvard vvheÌ„ occasion shal serue And vvhat effect such female suggestioÌ„s may The force of female suggestions vvorke vvhen they finde an humour proude and pliable to their purpose you may remember by the example of the Duches of Somerset vvho inforced her husbaÌ„de to cut of the head of his onely deare brother to his ovvn euident destruction for her contentation VVherfore to conclude this matter vvythout An euident CoÌ„clusion that the executioÌ„ is meatâ— tyme of her Ma. further dispute or reasoÌ„ seyng ther is so much discouered in the case as ther is so great desire of reigne so great impatience of delay so great hope and habilitie of succes if it be attempted vnder the good fortune and present authoritie of the competitors seing the plattes be so vvel layde the preparation so forvvarde the fauorers so furnished the tyme so propitious and so manie other causes conuiting together seing that by differring al may be hazarded and by hastening litle can be indaungered the state and condition of thinges vvel vveyed finding also the bandes of duetie so broken alredie in the conspiratours the causes of mislike and hatred so manifest and the solicitours to execution so potent and diligent as vvomen malice and ambition are vvount to be it is more then probable that they vvil not leese their present commoditie especialie seing they haue learned by their Architype or Protoplote vvhich they folovv I meane the conspiracie of Nortumberland and Suffolk in An error of the father novv to be corrected by the sonne king Edvvards dayes that herein ther vvas some error committed at that tyme vvhich ouerthrevv the vvhole land that vvas the differring of some thinges vntil after the kinges death vvhich should haue bene put in execution before For yf in the tyme of their plotting vvhen as yet theyr desygnementes vvere not publyshed to the vvorld they had vnder the countenance of the kinge as vvel they might haue done gotten into their handes the tvvo sisters and dispatched some other fevv affaires before they had caused the yong Prince to die no doubt but in mans reason the vvhole designement had taken place and consequentlie it is to be presupposed that thes men being no fooles in their ovvn affaires vvil take heed of falling into the like errour by delay but rather vvil make al sure by striking vvhile the iron is hoat as our prouerbe vvarneth them LAVV It can not be denied in reason quoth the Lavvier but that they haue manie helpes of doing vvhat they list n 〈…〉 vnder the present fauour countenauÌ„ce authoritie of her Ma. vvhich they should not haue after her highnes discease vvhen ech man shal remain more at libertie for his supreame obedience by reason of the statute ptouided for vncertentie of the next successor and therfore I for my parte vvould rather counsail them to make much of her Ma. lyfe for after that they litle knovv vvhat may ensue ot befal their designementes GENTL They vvyl make the most therof quoth the GeÌ„tleman for their ovvn aduantage but after that vvhat is like to folovv the examples of Edvvard Richard the secoÌ„d as also of Henrie Edvvard the sixt doe sufficientlie for vvarne vs vvhos liues vvere prolonged vntil their deathes vvere thought more profitable to the conspirators not longer Her Ma. lyfe and â—eath to serue the conspirators turn And for the statute you speak of procured by them selues for establishing the incertaintie of the next true sucessor vvheras al our former statutes vvere vvount to be made for the declaration certentie of the same it is vvyth PROVISO as you knovv that it shal not endure longer then the lyfe of her Ma. that novv reigneth that is indeed no longer then vntil them selues be redie to place an other A proclamation vvyth halters For then no doubt but vve shal see a faire proclamation that my L. of Huntington is the onelie next heire vvith a bundle of halters to haÌ„g al such as shal dare once open their mouth for deniall of the same LAVV. At thes vvordes the olde Lavvyer stepped back as some vvhat astonied and began to make crosses Papistical â—lessing in the ayer after theyr fashyon vvherat vve laughed and then he said truelie my masters I had thought that no man had conceyued so euil imagination of this statute as my self but novv I perceiue The statute of coÌ„cealiÌ„g the heire apparent that I alone am not malitious For my ovvn parte I must confesse vnto you that as often as I reade ouer this statute or think of the same as by diuers occasions manie tymes I do I feele my self much greeued and afflicted in minde vpon feares vvhich I conceyue vvhat may be the end of this statute to our countrie and vvhat priuie meaning the chiefe procurers therof might haue for their ovvn driftes against the Realm and lyfe of her Ma. that novv reigneth And so much more it maketh me to doubt for Richard going tovvards HierusaleÌ„ begaÌ„ the custome by parlement as Polydore noteth Anno 10. of Rich. 2. to declare the next heire that in al our recordes of lavv you shal not finde to my remembraunce anie one example of such a deuise for concealing of the true inheritour but rather in all ages states and tymes especiallie from Richard the first dovvnevvard you shal finde statutes ordinaunces and prouisions for declaration and manifestation of the same as you haue vvel obserued and tovvched before And therfore this straunge nevv deuise must needes haue some straunge and vnaccustomed meaning God of his mercie graunt that it haue not some straunge and vnexpected euent In sight of al men this is alredie euident that The daunger of our countrie by coÌ„cealing the next heire neuer countrie in the vvorld vvas brought into more apparent daunger of vtter ruin then ours is at this daye by pretence of this statute For vvher as ther is no Gentleman so meane in the Realm that cannot giue a gesse more or lesse vvho shal be his next heire and his tennauntes soone coniecture vvhat manner of person shal be theyr next Lord in the title of our noble Crovvn vvherof al the rest dependeth nether is her Ma. permitted to knovv or saye vvho shal be her next successor nor her subiectes allovved to vnderstand or imagine vvho in right may be their future soueraigne An intollerable iniurie in a matter of so singular importaunce For alas vvhat should become of
Henrie Earle of RichmoÌ„d discending but of the last sonne and third vvyfe of Iohn of Gaunt Duke of LaÌ„caster vvas so respected for that onelie by the vniuersal Realm as they inclyned vvholie to cal him from banishment to make him king vvith the deposition of Richard vvhich then ruled of the house of York vpon condition onlie that the said Henrie should take to vvyfe a daughter of the contrarie familie so great vvas in thos dayes the affection of English hartes tovvards the line of Lancaster for the great vvorthynes of such kinges as had reigned of that race hovv good or bad so euer their title vvere vvhich I stand not heare at this tyme to discus but onlie to insinuate vvhat partie the same found in our Realm in tymes past and consequentlie hovv extreame daungerous the contention for the same may be herafter especialie seing that at this day The line of Portugal the remander of that title is pretended to rest vvholie in a straunger vvhos povver is verie great VVhich vve Lavvyers are vvount to esteme as a point of no smal importaunce for iustifying of anie mans title to a kingedom SCHOL You Lavvyers vvant not reason in that Sir quoth I hovv so euer you vvant right for if you vvil examine the succession of gouernmentes from the begnining of the vvorld vnto this daye either among Gentile Ievve or Christian people you shal find that the svvord hath bene alvvayes better The svvord of greate force to iustifie the title of a kingdom then half the title to get establishe or mainteyne a kingdom vvhich maketh me the more apalled to heare you dicourse in such sorte of nevv coÌ„tentioÌ„s and forraine titles accoÌ„pained vvyth such povver and strength of the titlers VVhich cannot be but infinitelie daungerous and fatal to our Realm yf once it come to action both for the diuision that is like to be at home and the varietie of parties from abrode For as the Prince vvhom you signifie vvil nor faile by al likeliehood to pursue his title vvyth al forces that he can make if occasion vvere offered so reason of state and pollicie vvil enforce other Princes adioyniÌ„g to let hinder him therin Greate dangers vvhat they can and so by this meanes shal vve become Iuda Israel among our selues one killing and vexing the other vvyth the svvord and to forraine Princes vve shal be as the Iland of Salamina vvas in olde tyme to the Athenians and Megarians and as the Iland of Cicilia vvas aftervvard to the Grecians Carthaginians and Romans and as in our dayes the kingdom of Naples hath bene to the Spaniards Frenchemen Germans and Venetians That is a bayte to feed vpon and a game to fight for VVherfore I beseech the Lord to auerte from vs all occasions of such miseries And I pray you Sir for that vve are fallen into the meÌ„tion of thes matters to take so much paines as to open vnto me the grovvnd of thes controuersies so long novv quiet betvven York and Lancaster seing they are novv like to be raised againe For albeit in general I haue heard much therof yet in particular I either conceaue not or remember not the foundation of the same and much lesse the state of theire seueral titles at this daye for that it is a studie not properlie perteyning vnto my profession LAVV. The controuersie betvvene the houses of York and Lancaster quoth the Lavvyer tooke his actual beginning in the issue of K. Edvvard the third The beginning of the coÌ„trouersie betvvixt York and LaÌ„caster vvho died somevvhat more then tvvo hundreth yeares gone but the occasion pretence or cause of that quarrel began in the children of K. Henrie the third vvho died an hundreth yeares before that and left tvvo sonnes Edvvard vvho vvas king after him by the name of Edvvard the first and vvas Graundfather to Edvvard the third and Edmond for his deformitie called Crookback Earle of Lancaster and beginner of that house vvhos inheritaunce aftervvard in the fovverth discent fel vpon a daughter named Blanche vvho vvas married to the fourth sonne of king Edvvard the third named Iohn of Gaunt for that he vvas Edmond Crooke-back begiâ—ner of the house of LaÌ„caster borne in the Citye of Gaunt in Flaunders and so by this his first vvyfe he became Duke of Lancaster and heire of that house And for that his sonne Henrie of Bolingbrook aftervvarde called K. Henrie the fourth pretended among other thinges that Edmond Crookback great graundfather to Blanche his mother vvas the elder Blanche sonne of K. Henrie the third and iniustelie put by the inheritaunce of the Crovvn for that Iohn of Gaunt he vvas Crookebacked and deformed he toke by force the kingdom from Richard the second Hovv the kingdom vvas first broght to the house of Lancaster nephevv to king Edvvard the third by his first sonne placed the same in the house of LaÌ„caster vvhere it remained for three vvhole disceÌ„tes vntil aftervvarde Edvvard Duke of York descended of Iohn of Gauntes yonger brother making clayme to the Crovvn by title of his graundmother that vvas heire to Lionel Duke of Clarence Iohn of Gauntes elder brother toke the same by force from Henrie the sixt of the house of Lancaster and brought it backe againe to the house of Yoâ—â— vvher it contineued vvith much trouble in tvvo kinges onlie vntil bothe houses vvere ioyned together in king Henrie the seuenth and his noble issue Hereby vve see hovv the issue of Iohn of Gaunt Duke of Lancaster fourth sonne to K. Edvvard the third pretended right to the Crovvn by Edmond Crookbacke before the issue of al the other thre sonnes of Edvvard the third albeit they vvere the elder brothers vvherof vve vvil speake The issue of Iohn of Gaunt more hereafter Novv Iohn of Gaunt though he had manie children yet had he fovver onlie of vvhom issue remaine tvvo sonnes and tvvo daughters The first sonne vvas Henrie of Bolingbrooke Duke of Lancaster vvho toke the Crovvn from K. Richard the second his vnkles sonne as hath bene said and first of al planted the same in the house of Lancaster vvhere it remayned in tvvo discentes after him that is in his sonne Henrie the first and in his nephevv Henrie the sixt vvho vvas aftervvard destroyed together vvith Henry Prince of VVales his only sonne heire and consequelie al that Line of Henrie Bolingbrok extinguished by Edvvard the fourth of the house of York The other soÌ„ne of Iohn of GauÌ„t vvas Iohn Duke of Somerset by Katherin S Finsford his third vvife The pedegree of K Henrie the 7. vvhich Iohn had issue an other Iohn and he Margaret his daughter heire vvho being married to Edmond Tyder Earle of Richmond had issue Henrie Earle of Richmond vvho after vvas named K. Henrie the seuenth vvhos Line yet endureth The tvvoe daughters of Iohn of Gaunt vvere married to Portugal and Castile that is Philippe The tvvo daughteâ—s
maried to Portugal Castile borne of Blanche heire to Edmond Crookback as hath bene said vvas married to Iohn king of Portugal of vvhom is descended the king that novv possesseth Portugal and the other Princes vvhich haue or may make title to the same and Katherin borne of Constance heire of Castile vvas married back againe to Hentie king of Castile in Spaine of vvhom king Philip is also descended So that by this vve see vvhere the remainder of the house of Lancaster resteth yf the Line of K. Henrie the seuenth vvere extinguished vvhat pretext forreine Forrayne titles Princes may haue to subdue vs yf my L. of Huntington either novv or after her Ma. dayes vvil open to them the doore by shuting out the rest of K. HeÌ„ries Line by dravving back the title to the onlie house of York againe vvhich he pretendeth to do vpon this that I vvil novv declare King Edvvard the third albeit he had manie children yet fiue onlie vvil vve speak of at this tyme. The issue of king Edvvard the third VVherof thre vvere elder then Iohn of Gaunt and one yonger The first of the elder vvas named Edvvard the Black Prince vvho died before his father leauing one onlie sonne named Richard vvho aftervvard being king and named Richard the second vvas deposed vvythout issue and put to death by his Cosin germain named Henrie Bolingbrook Duke of Lancaster sonne to Iohn of Gaunt as hath bene said and so there ended the Line of K. Edvvardes first sonne King Edvvardes second sonne vvas VVilliam of Hatfield that died vvythout issue His thirde sonne vvas Leonell Duke of Clacence vvhos onlie daughter heire called Philippe vvas married to Edmond Mortymer Earle of Marche and after that Anne the daughter and heire of Mortymer vvas married to Richard Plantaginet Tvvoe EdmuÌ„des the tvvoe begiÌ„ners of the tvvoe houses of Lancaster York Duke of York sonne and heire to Edmund of Langley the first Duke of York vvhich Edmund vvas the fift sonne of K. Edvvard the third and yonger brother to Iohn of Gaunt And this Edmund of Langley may be called the first beginner of the house of York euen as Edmund Croocbacke the beginner of the house Lancaster This Edmund Langley then hauing a sonne named Richard that married An 〈…〉 â—ortymer sole heire to Leonel Duke of ClareÌ„ce ioined tvvo Lines and tvvoe titles in one I meane the Line of Leonel and of Edmund Langley vvho vvere as hath bene said the third and the fift sonnes to K. Edvvard the third And for this cause the childe that vvas borne of this marriage named after his father Richard Plantaginet Duke of York seing him self strong and the first line of K. Edvvard the thirds eldest sonne to be extinguished in the death of K. Richard the second and seing VVilliam of Hatfield the secoÌ„d soÌ„ne dead likevvise vvythout issue made demaund of the Crovvn for the house of York by The claime title of York the title of Leonel the third sonne of K. Edvvard And albeit he could not obteine the same in his daies for that he vvas slaine in a bataille against K. Henrie the 6. at VVakefield yet his sonne Edvvard got the same vvas called by the name of king Edvvard the fovverth This king at his death lefte diuers children as namlie tvvoe sonnes Edvvard the fift and his brother The issue of king Edvvard the 4. vvho after vvere both murdered in the Tovver as shal be shevved also fiue daughters to vvit Elyzabeth Cicilie Anne Katherine and Briget VVherof the first vvas maried to HeÌ„ry the 7. The last became a NuÌ„ne the other thre vvere bestovved vpon diuers other husbandes He had also tvvo brothers the first vvas called George Duke of Clarence vvho aftervvard vpon his desertes as is to be supposed vvas put to death in Callys by commandement of the king his attaynder The Duk of Clarence attaynted by parlament allovved by parlament And this man left behind him a sonne named Edvvard Erle of VVarvvik put to death aftervvard vvythout issue by king Henrie the seuenth and a daughter named Margaret Countesse of Salisburie vvho vvas married to a meane GentlemaÌ„ named Richard Poole by vvhom she had issue Cardinal Poole that died vvythout Mariage HeÌ„rie Poole that vvas attainted execuded in K. Henrie the 8. his tyme as also her self vvas this HeÌ„ry Poole left a daughter married HuntiÌ„gtons title by the Duke of ClareÌ„ce aftervvard to the Earle of HuntingtoÌ„ by vvho this Earle that novv is maketh title to the Crovvn And this is the effect of my L. of HuntingtoÌ„s title The second brother of king Edvvard the fourth vvas Richard Duke of Glocester vvho after the K. K. Rich. the third death caused his tvvo sonnes to be murdered in the Tovver and toke the kingedom to him self And aftervvard he being slaine by king Henry the 7. at Bosvvorth fielde left no issue behind him VVherfore king Henry the 7. descending as hath bene shevved of the house of Lancaster by Ihon of The happie coÌ„iuÌ„ctioÌ„ of the tvvoe houses Gaunts last sonne third vvife taking to vvyfe ladie Elizabeth eldest daughter of K. Edvvard the fourth of the house of York ioyned most happely the tvvo famylies together and made an end of al controuersies about the title Novv K. Henrie the 7. had issue three children The issue of king HeÌ„ry the seuenth of vvhom remayneth posterity First Henry the 8. of vvhom is descended our soueraine her Ma. that novv happilie raigneth and is the last that remaineth a liue of that first Line SecoÌ„dlie he had tvvo daughters vvherof the first named Margaret vvas married tvvice first to Iames king of Scotland froÌ„ The Line and title of Scotland by Margar. eldeste daughter to king HeÌ„ry the seuenth vvhome are directlie discended the Q. of Scotland that novv liueth and her sonne K. Iames being dead Margaret vvas married againe to Archybalde Douglas Earle of Anguishe by vvhom she had a daughter named Margaret vvhich vvas married aftervvard to Mathevv Stevvard Earle of Lenox vvhos sonne Charles Stevvard vvas married to Elizabeth CaÌ„dishe daughter to the preseÌ„t CouÌ„tesse of of Shrevvsburie by her hath left his onlie heire Arbella a litle daughter named Arbella of vvhom you haue heard some speech before And this is tovvching the Line of Scotland descending from the first eldest daughter of K. Henrie the seuenth The second daughter of K. Henrie the seuenth The Lyne title of Suffolke by Marie seconde daughter to king Henry 7. called Marie vvas tvvice maried also first to the kig of Frannce bâ— vvhom she had no issue and after his death to Charles Brandon Duke of Suffolk by vvhom she had tvvo daughters that is FrauÌ„cis of vvhich the childreÌ„ of my L. of Hartford doe make their clayme Elenore by vvhom the issue of the Earle of Darbie preteÌ„deth right as shal be declared For that FrauÌ„cis the first daughter of
it is a general and common The rule of thirds rule of lavv that the vvyfe after the decease of her husband shal enioy the thyrd of his landes but yet the Queene shal not enioye the third parte of the Crovvn after the kings death as vvel appeareth by experience and is to be seene by lavv Anno. 5. 21. of Edvvard the third and Tennant by courtisie Anno. 9. 28. of Henrie the sixte Also it is a common rule that the husband shal hold his vvyues lands after her death as tennaunt by courtisie duringe his life but yet it holdeth not in a kingdom In like maner it is a general and common rule Diuision among daughters that if a man die seased of lād in fee simple hauing daughters and no sonne his landes shal be deuided by equal portions among his daughters vvhich holdeth not in the Crovvn but rather the eldest daughter inheriteth the vvhole as if she vvere the issue male So also it is a common rule of our lavv Executours that the executour shal haue al the goodes and chattels of the testatour but yet not in the Crovvn And so in manie other cases vvhich might be recited it is euident that the Crovvn hath priuiledge aboue others and can be subiect to no rule be it neuer so general except expresse mention be made therof in the same lavv as it is not in the former place and a statute alleaged but rather to the contrarie as after shal be shevved ther is expresse exception for the prerogatiue of such as descend of Royal blood Their second reason is for that the demaund or The secōd reason title of a Crovvn cannot in true sense be comprehended vnder the vvordes of the former statute forbidding Aliens to demaund heritage vvithin The Crovvn no such inheritaunce as is meant in the statute the alegiaunce of England and that for tvvoe respectes The one for that the Crovvn it self cannot be called an heritage of alegiaunce or vvithin alegiaunce for that it is holden of no superior vpon earth but immediatelie from God him self the seconde for that this statute treateth onlie and meaneth of inheritaunce by discēt as heire to the same for I haue shevved before that Aliens may holde lādes by pourchase vvithin our dominion then say they the Crovvn is a thing incorporat descēdeth not according to the cōmon course of other priuate inheritaunces but goeth by succession as other incorporations do In signe vvherof it is euident The Crovvn a corporation that albeit the king be more fauoured in al his doinges then anie common person shal be yet cannot he auoide by lavv his grauntes and letters patentes by reason of his nonage as other infantes common heires vnder age may do but alvvayes be said to be of ful age in respecte of his Crovvn euen as a Prior Person Vicare Deane or other person incorporat shal be vvhiche cannot by anie meanes in lavv be said to be vvithin age in respect of their incorporations VVhich thing maketh an euident difference in our case frō the meaning of the former statute for that a Prior Deane or Person being aliens and no denizens might alvvayes in tyme of peace demaund landes in England in respect of their corporations notvvythstanding the sayd statute or common lavv against aliens as apeateth by manie boke cases yet extant as also by the statute made in the tyme of K. Richard the secōd vvhich vvas after the foresaid statute of king Edvvard the third The third reason is for that in the former statute The third reason it selfe of K. Edvvard ther are excepted expreslie frō this general rule INFANTES DV ROY that is the The Kīgs issue excepted by name kings ofspring or issue as the vvord INFANT doth signifie bothe in Fraunce Portugale Spaine and other countries as the latin vvord liberi vvhich ansvvereth the same is taken commonlie in the L. liberorum F. de verb sign Ciuil lavv Neither may vve restreine the french vvordes of that statute INFANTES DV ROY to the kings childrē onlie of the first degre as some do for that the barraynnes of our lāguage doth yeld vs no other vvorde for the same but rather that therby are vnderstood as vvel the nephevves and other discendantes of the king or blood Royal as his immediate children For it vvere both vnreasonable and ridiculous to imagine that K. Edvvar◠by this statute vvould goe about to disinherit hi◠ovvn nephevves yf he shoulde haue any borne ou◠of his ovvn aleagiaunce as easilie he myght a◠that tyme his sonnes being much abrode from England and the blacke Prince his eldest sonne hauing tvvoe children borne beyonde the seas and consequentlie it is apparent that this rule o◠Maxima set dovvn against Aliens is no vvay to be stretched against the descendantes of the king or of the blood Royal. Their fourth reason is that the meaning of king The fovvrth reason The kīgs meaning Edvvard and his children liuing at such tyme as this statute vvas made could not be that anie of their linage or issue might be excluded in lavv from inheritaunce of their right to the Crovvn by their forreine byrth vvhersoeuer For othervvise it is not credible that they vvould so much haue dispersed their ovvn bloode in other countries as they did by giuing their daughters to straungers and other meanes As Leonel the The matches of England vvyth forreyners kinges third sonne vvas married in Millan and Iohn of Gaunte the fourth sonne gaue his tvvoe daughters Phylippe and Katherine to Portugal Castile and his neipce Ioan to the king of Scottes as Thomas of VVoodstock also the yongest brother married his tvvoe davvghters the one to the king of Spain and the other to the Duke of Brytane VVhich no doubt they being vvyse Princes and so neere of the bloode Royal vvould neuer haue done yf they had imagined that herebie their issue should haue lost al clayme and title to the Crovvn of England and therfore it is moste euident that no such barre vvas then extante or imagined Their fift reasō is that diuers persons borne out The fifte reason Exāples of forreiners admitted of al English dominion and aleagiaunce both before the conquest and sithence haue bene admitted to the succession of oure Crovvne as lavvful inheritours vvythoute anie exception againste them for theyr forreyne byrthe As before the conquest is euident in yong Edgar Etheling borne in Hungarie and thence called home to inherit the Crovvn by his great vncle king Edvvard the Confessor vvith ful consent of the vvhole Realm the Bishop of VVorcester being sent as Ambassador to Flores hist An. 1066. fetch him home vvith his father named Edvvard the ovvtlavve And since the conquest it appeareth plainlie in kinge Stephen and kinge Henrie the seconde bothe of them borne out of English dominions and of Parentes that at their birth vvere not of the English alleagiaunce and yet vvere they both
this Testament but rather some friend of the house of Suffolk in vvhos fauour I take it that it vvas first of al forged GENTL It may be quoth the Gentleman nor vvil I stand obstinatlie in the coÌ„trarie for that it is hard sometyme to iudge of vvhat faction eche one is vvho discourseth of thes affaires But yet I maruail yf it vvere as you say vvhie Leycesters father after king Edvvardes death made no mention therof in the fauour of Suffolk in the other Testament vvhych then he proclaymed as made by K. Edvvard deceased for prefermeÌ„t of Suffolk before his ovvne sisters LAVV. The cause of this is euident quoth the Lavvyer The Duk of Northumbeâ—landes drift for that it made not sufficientlie for his purpose vvhich vvas to disinherit the tvvo daughters of K. Henrie him selfe aduaunce the house of Suffolk before them both GENTL A notable chaunge quoth the Gentleman that a title so much exalted of late by the father aboue al order right rank and degre should novv be so much debased by the sonne as though it vvere not vvorthie to hold anie degre but rather to be trodeÌ„ vnder foote for plaine bastardie And you see by this hovv true it is vvhich I tolde you before The mutable dealig of the house of Dudley that the race of Dudleys are moste cunning Marchantes to make their gaine of al thinges men tymes And as vve haue seene novv tvvo testameÌ„tes aleaged the one of the king father the other of the king sonne both of them in preiudice of the testators true successours so manie good subiectes begin greatlie to feare that vve may chaunce to see shortlie a third testament of her Ma. for the intituling of Huntington and extirpation of K. Henries blood that before her Ma. can think of sicknes vvherin I beseech the Lord I be no Prophet But novv Sir to the forsaid vvil testameÌ„t of K. HeÌ„ry I haue often heard in trueth that the thing vvas counterfeit or at the leaste not able to be proued and that it vvas discouered reiected and defaced in Q. Maries tyme but I vvould gladlie vnderstand vvhat you Lavvyers esteme or iudge therof LAVV. Touching this matter quoth the Lavvyer it cannot be denied but that in the tvventy and eight and thirtie and sixt yeares of king Henries reigne vpon consideration of some doubt irresolution The authoritie and occasion of K. Henries testameÌ„â— vvhych the king him selfe had shevved to haue about the order of succession in his ovvn children as also for taking avvay al occasions of controuersies in thos of the next blood the vvhole parliament gaue authoritie vnto the said king to debate determine thos matters him self together vvyth his learned councell vvho best knevv the lavves of the Realm and titles that anie man might haue therby and that vvhat soeuer succession his Ma. should declare as moste right and lavvful vnder his letters patentes sealed or by his last vvil and testament rightfullie made and signed vvyth his ovvn hand that the same should be receyued for good and lavvful Vppon pretence vvherof soone after K. Henries death ther vvas shevved a vvil vvyth the kings stamp at the same the names of diuers vvytnesses vvherin as hath bene bene said the succession of the Crovvn after the kings ovvn children is assigned to the heires of Fraunces and of Elenore neipces to the king by his yonger sister VVhich assignatioÌ„ of the Crovvn being as it vvere a mere guifte in preiudice of the elder sisters right as also of the right of Fraunces and Elenore them selues vvho vvere omitted in the same assignation their heires intituled onlie vvas esteemed to be against al reason lavv and nature consequentlie not thought to proceed from so vvise and sage a The kiÌ„gs TestameÌ„t forged Prince as K. Henrie vvas knovveÌ„ to be but rather ether the vvhole forged or at Leastvvyse that clause inserted by other and the kinges stampe set vnto it after his death or vvhen his Ma. lay novv past vnderstanding And hereof there vvanteth not diuers moste euident reasons and proofes For first it is not probable or credible that K. The first reason Henrie vvould euer go about against lavv and reason to disinherit the line of his eldest sister vvythout Iniustice improbabilitie anie profit or interest to him self and therby giue moste euident occasion of Ciuil vvarre and discorde vvyrhin the Realm seing that in such a case of manifest and apparent vvrong in so great a matter the authoritie of parliament taketh litle effect against the true lavvful inheritour as vvel apeared in the former tymes conteÌ„tions of Henrie the sixt Edvvard the fourth and Richard the third in vvhose reignes the diuers and contrarie parliamentes made and holden against the next inheritour held no longer vvyth anie man then vntil the other vvas able to make his ovvn partie good So Likevvise in the case of king Edvvard the The example of Fraunce third his succession to Fraunce in the right of his mother though he vvere excluded by the general assemblie and consent of their parliamentes yet he esteemed not his right extinguished therby as neither did other kinges of our countrie that ensued after him And for our present case yf nothing els shoulde haue restreyned king Henrie from such open iniustice tovvardes his eldest sister yet this cogitation atleast vvould haue stayed him that by geuing example of supplanting his elder Sisters Line by vertue of a testament or pretence of parliament some other might take occasion to displace his children by like pretence as vve see that Duke Dudley did soone after by a forged testament of K. Edvvard the sixt So redie Scholars ther are to be found vvhich easilie vvil learne such The secoÌ„d reason IncoÌ„gruities indignities Lessons of iniquitie Secondlye ther be to manye incongruyties and indignities in the sayd pretended VVyll to proceed from suche a Prince and learned Councell as king HeÌ„ries vvas For first vvhat can be more ridiculous then to giue the Crovvn vnto the heires of Fraunces and Elenore and not to anie of them selues or vvhat had they offended that their heires should enioye the Crovvn in their right and not they them selues VVhat yf king Henries children should haue died vvhiles Ladie Fraunces had bene yet a liue vvho should haue possessed the kingdoÌ„ before her seing her Line vvas next and yet by this testament she could not preteÌ„d her self to obteine Adrian Stokes it But rather hauing married Adrain Stokes her horskeper she must haue suffred her sonne by him yf she had anie to enioy the Crovvn and so AdriaÌ„ of a seruing-man and master of horses should haue become the Great Master Protector of EnglaÌ„d Of like absurditie is that other clause also vvherin the king bindeth his ovvn daughters to marrie by coÌ„sent directioÌ„ of his counsell or othervvise to leese the benefit of their succession but yet bindeth not his neipces
and had borne him out in certaine of his vvickednes or at least not punished the same after it vvas detected and complained vpon the parties grieued accompting the crime more proper and hainous on the parte of him vvho by office should do iustice and protect other then of the perpetrator vvho folovveth but his ovvn passion and sensualitie let passe Attalus and made their reuenge vpon the blood and life of the king him self by one Pausanias Pausanias suborned for that purpose in the mariage day of the kings ovvn daughter Great store of like examples might be repeated out of the stories of other countries nothing being more vsual or frequēt amōg al nations then the afflictions of Realmes and kingedomes and the ouerthrovv of Princes and great potentates them selues by their to much affection tovvardes some vnvvorthie particular persons a thing inded so common and ordinarie as it may vvel seme to be the specialest rock of al other vvherat kinges and Princes do make their shipvvrackes For if vve loke into the states and Monarchies of al Christendom and consider the ruines that haue bene of anie Prince or ruler vvithin the same vve shal finde this point to haue bene a great and principal parte of the cause therof and in our ovvn state coūtry the matter is toto euidēt For vvheras Kinges of Englād ouer throvven by to much fauoring of some particular men since the conquest vve number principalie thre iust and lavvful kinges to haue come to cōfusion by alienation of their subiectes that is Edvvard the second Richard the second and Henry the sixt this onlie point of to much fauour tovvardes vvicked persons vvas the chiefest cause of destruction in al thre As in the first the excessiue fauour tovvardes Peter Gauesten and tvvo of the Spencers In the second the like extraordinarie and indiscrete affection K. Edvvard 2. tovvardes Robert Vere Earle of Oxeford and Marques of Dubline and Thomas Movvbray tvvo K. Richard 2. moste turbulent and vvicked men that set the kinge againste his ovvne vncles and the nobilitie In the third being a simple and holie man albeit no great exorbitant affection vvas sene tovvards K. Henrie 6. any yet his vvife Quene Margarets to much fauour and credit by him not controled tovvards the Marques of Suffolke that after vvas made Duke by vvhos instinct and vvicked Counsail she made avvay first the noble Duke of Glocester and aftervvard committed other thinges in great preiudice of the Realm and suffred the said moste impious sinful Duke to range make hauock of al sorte of subiectes at his pleasure much after the fashion of the Earle of Leycester novv though yet not in so high and extreme a degre this I say vvas the principal and original cause both before God and man as Polidore vvel noteth of al the Pol. lib. 23. hist Angl. calamitie and extreme desolation vvhich after ensued both to the kinge Queene and theyr onelie child vvith the vtter extirpation of theyr familie And so likevvyse novv to speak in our particular case if ther be anie grudge or griefe at this day anie mislike repining complaint or murmure against her Ma. gouernment in the hartes of her true and faithful subiectes vvho vvish amendmēt of that vvhich is amisse and not the ouerthrovv of that vvhich is vvel as I trovv it vvere no vvisdom to imagine ther vvere none at al I dare auouch vpon conscience that either al or the greatest parte therof procedeth from this man vvho by the fauour of her Ma. so afflicteth her people as neuer did before him either Gauestō or Spēcer or Vere or Movvbray or anie other mischieuous Tyraunt that abused moste his Princes fauour vvithin our Realm of England VVherby it is euident hovv profitable a thing it should be to the vvhole Realme hovv honorable to her Ma. and hovv grateful to al her subiectes if this man at length might be called to his accompt LAVV. Sir quoth the Lavvyer you aleage great reason and verilie I am of opinion that if her Ma. knevv but the tenth parte of this vvhich you haue here spoken as also her good subiectes desires and complaint in this behalfe she vvould vvel shevv that her highnes feareth not to permit iustice to passe vpon Leycester or anie other vvithin her Realm for satisfaction of her people vvhat soeuer some men may think and report to the contrarie or hovv soeuer othervvise of her ovvne mylde disposition or good affection tovvardes the person she haue borne vvith him hitherto For so vve see that vvise Princes can do at tymes conuenient for peace tranquilitie and publique vveale though contrarie to their ovvn particular and peculiar inclination As to goe no furder then to the last example named and aleaged by your self before though Queene Margaret the vvife of K. Henrie the sixt The punishemēt of VVilliā Duke of Suffolke had fauoured moste vnfortunatlie manie yeares together VVillm Duke of Suffolke as hath bene said vvherby he committed manifold outrages afflicted the Realm by sundrie meanes yet she being a vvoman of great prudence vvhen she savv the vvhole communaltie demaund iustice vppon him for his demerites albeit she liked and loued the man still yet for satisfaction of the people vpon so general a complaint she vvas content An. 30. of King◠Hērie 6. first to commit him to prison and aftervvard to banish him the Realm but the prouidence of God vvould not permit him so to escape for that he being incountred and taken vpon the sea in his passage he vvas beheaded in the ship and so receyued some parte of condigne punishment for his most vvicked loose and licentious life And to seeke no more examples in this case vve knovv into vvhat fauour and special grace Sir Edmond Dudley my Lord of Leycesters good Graundfather vvas crept vvith king Henrie the seuenth in the later end of his reigne and vvhat intollerable vvickednes mischiefe he vvrought againste the vvhole Realme and againste infinit particular persons of the same by the poolinges oppressions vvhich he practised vvherby though the king receyued great temporal commoditie at that tyme as her Ma. doth nothing at al by the present extorsions of his nephevv yet for iustice sake for meere compassion tovvardes The punishmēt of Edmond Dudley his afflicted subiectes that complained greuouslie of this iniquitie that moste vertuous and vvise Prince K. Henrie vvas content to put from him this levvde instrument and deuillishe suggestour of nevv exactions vvhom his sonne Henrie that insued in the Crovvn caused presentlie before al other busines to be called publiquelie to accompt and for his desertes to leese his head So as vvhere the interest of a vvhole Realm or cōmon cause of manie taketh place the priuate fauour of anie one cannot stay a vvise and godlie Prince such as al the vvorld knovveth her Ma. to be frō permitting iustice to haue her free passage GENTL Truelie it should not quoth the