doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
and so impatient desire to rule and Raigne caried awaye the cruell mynde of an outragiouse Tyranne But I woote well that none of you at this day doe fauoure such aspirynge myndes ambitiouse desirers of Souereintye except those whiche seek their own priuate gayne by the generall discōmoditie of the whole Yle and preferre the doctrine of Machiauel before the institution of a Christian I hope therfore now that the olde reproche that was wont to be obiected against the English wil be quite forgotten It is a common prouerbe sayth Polidor that English menne by an olde custome haue least regarde of all other nations to the common wealthe of their own Countrie euer inclined to factions and by that meanes haue layed their countrie open to the spoyle and pray of their enemies And this to haue hapned to that nation experience teacheth vs. For in the begynnyng of that kyngdome as Polidor in his first booke reporteth when euery mightye manne sought to be a kyng great ciuil warres continued there so long till at the last the whole Soueraingntie came into the hādes of fyue Tyrannes Therfore throughe domesticall trouble and sedition it was then a barbarous cruell age For these inflamed with ambition to rule and incensed with mutuall hatred among them selues afflicted the inhabitantes of that countrey miserablye But at last when they had destroyed one an other the whole gouernement of the common wealthe was referred to one of the same countrey and by hym all thinges were reduced to vnitie and after long warres peace was established Cornelius Tacitus making mention of the factions of those rulers sayeth that the Britaine 's were so diuersely mynded and distracted in suche and so many parties as scarsely any two Cities wolde ioyne together against a common perill and thus whiles one dyd stryue against an other they went all to wrecke Besyde all this the lyke dissention fallynge amōg your Auncestours the Britaines of the South and the Britaine 's of the Northe nowe called Scottes brought the kyngdome of the one side vnto the Englyshe Saxones For these beyng called in by the Southern Britaines to ayd thē against the Scottish turned their weapōs against the Southern spoyled them of they re kyngdome Thus by experience the Britaines found these wordes to be true whiche Vigetius sayeth ciuill hatred maketh menne rashe to annoy their enemye and heedlesse to defende them selues But those Englishe Saxones when they had gotten the kyngdome were by discorde and factions very sone diuided in so muche as of one kyngdome there dyd seuen aryse and so many kinges withall by whose dissentions the publike weale was a long while dismembred till at last after many yeres the Soueraigntie of all came to Egbert alone He was the first that called the Southeparte of Britaine by the name of England Nowe then the Englishe Saxones recouered a force and waxed stronge Vherevpon the Scottyshe Britaines vnder the gouernement of king Achaius doubting that the Saxones wold seke to tyrannize ouer them as they had ouer the others entered in to a firme perpetuall league of allyance amitie with Charles the great called Charlemain King of Fraunce to the end that those two nations Frenshe and Scottishe should from tyme to tyme for euer ayde and succour one an other against their common enemye By occasion of a lyke dissention that fell among these Englyshe Saxones the Danes vnder conduct of kyng Swayn bereft the Saxones of the kyngdome of England And at last the Normannes vnder the leading of Duke VVilliam the Bastard cōquered the Realme of England And since that tyme hitherto the whole Yland hath remained vnder the gouernement only of two kynges VVhoe neuerthelesse being so fewe could not yet keepe peace and concorde amonge them selues But yf a man will seke to know a reason whye Britaine can not brooke the regiment of many Soueraignes as Germanie Italie and the famouse state of venice doe he shall fynde euen among them that there is but one vvhiche is the heade For thoughe the Princes of Germanie Lyue in great Libertie yet are they neuerthelesse all subiect to the authoritie of one Emperour a thing very commodious for preseruation of peace and concorde amonge them And for trueth in Italie there is no stayed forme of Gouernement sythe it is subiect to the rule and dominion not of one but of many in respecte whereof some writers are of opinion that it is lesse fortunate if not miserable As for the state of Venice Conteranus hath in effect witten thus For so muche saythe he as euery Citie by peace and vnion in mynde and consent is compact and buylt and that this vniformitie in consent and will can not be reteyned except some one persone haue a preeminence ouer all other aswell magistrates as Commons whiche may as it were of many seuerall dispersed members fashion and frame one entyre bodye It was therfore most wysely prouided and ordeyned by our predecessors that in our Citie there should be a certaine Royall power that one should be chosen which should be called Prince or Soueraign Hereupon I thynk it clear manifest that the Soueraigntie of one onlie persone is of all other most necessarye for a common wealthe And this playnly maybe perceyued not only in ciuil policie but in other matters also For by the prouidence of one God the whole worlde is ruled so is the bodye of man by one soule gouerned a shippe by one master is guyded and one howsehold or familye is directed by one father wherupon it foloweth that your Yle of Britaine can not commodiouslye be gouerned by manye Soueraignes This affection therfore to faction and cōtentiouse parttaking is to be of all men eschewed and abhorred specially of those whiche are brought vp in the house of God For it is theyr part dutye all partialitie priuate quarrells sett a syde to moue and exhort others as Sainct Augustin dyd to all thinges that among christians serue for the abolishing of stryfe and establyshing of concord whiche is nothing else but a quyetuesse and peace of minde fastened and fortifyed with the bond of loue and Charitie and suche a one as hateth all enmitie and priuye grudge and loueth all alyke For Charitie as Sainct Paul sayeth is patient 1 Cor. 13. benigne Charitie enuyeth not dealeth not peruersely is not puffed vpp is not ambitiouse thinketh not euell reioyseth not vpon iniquitie but reioyseth with truthe suffereth all thinges beleueth all thinges hopeth all thinges beareth all thinges Yf you embrace this sentence you will sone lay asyde all hatred disbourden your myndes of all disdeyn and arrogance and cast away your madde armure wherwith hitherto you haue vainly contended and without all fraud and guyle you will establyshe a perpetuall Christian profitable and assured peace vnder the quiet and stedfast gouernement of one Prince For so doeth bothe honestie and profitt admonishe vs to doe all our own aswell priuate as publique affayre requyre and exact the same
touching the Succession They putte their whole trust vpon the King as one whome they thought most earnestly to minde the wealth of the Realme as one that would and could best and most prudently consider and weigh the matter of the Succession and prouide for the same accordingly If the doinges of the King do not plainely and euidently tende to this ende and scope if a Zealous minde to the common wealth if prudence wisdome did not rule measure all these doinges but contrariewise partial affection and displeasure if this arbitrement putteth not away all contentions and striffes if the mind and purpose of the honorable Parlament be not satisfied if there be dishonorable deuises assignements of the Croune in this will and Testament L. 1. ff qui TestameÌ„ta facâ—re if there be a new Succession vnnaturally deuised finally if this be not a Testament and last will such as Modestinus defineth Testamentum est iusta voluntatis nostrae sententia de eo The definition of a Testament quod quis post mortem suaÌ„ fieri velit then though the Kinges hand were put to it the matter goeth not altogether so wel so smothe But that there is good and great cause further to consider and debate vpon it whether it be so or no let the indifferent when they haue wel thought vpon it iudge accordingly The Aduersaries them selues can not altogether denie but that this Testament is not correspondeÌ„t to such expectation as men worthely should haue of it VVhiche thing they do plainly confesse For in vrging their presumptions whereof we haue spoken and minding to proue that this wil whiche they say is commonly called King Henries VVill was no new VVil deuised in his sicknes but euen the very same wherof as they say were diuers olde copies they inferre these wordes saying thus For if it be a nevve vvill then deuised vvho could thinke that either h m selfe vvould or any man durst haue moued him to put therin so many thinges contrary to his honour Much lesse durst they them selues deuise any nevv succession or moue him to alter it othervvise then they found it vvhen they savv that naturally it could not be othervvise disposed VVherein they say very truely For it is certaine that not only the common lawe of that Realm but nature it selfe telleth vs that the Queene of Scotland after the said Kinges children is the next and rightful Heire of the Croune VVherefore the King if he had excluded her he had done an vnnatural act Ye will say he had some cause to doo this by reason she was a forainer and borne out of the Realme Yet this notwithstanding he did very vnnaturally yea vnaduisedly inconsideratly and wrongfully and to the great preiudice and danger of his owne Title to the Croune of France as we haue already declared And moreouer it is well to be weighed that reason and equitie and Ius Gentium doth require craue that as the kings of that Realm would thinke them selues to be iniuriously handled and openly wronged if they mariyng with the heires of Spaine Scotland or any other Countrey where the sucession of the Croune deuolueth to the woman were shutte out and barred from their said right due to them by the wiues as we haue said so likewise they ought to think of womeÌ„ of their royal blood that marie in Scotland that they may wel iudge and take them selues muche iniuried vnnaturally and wrongfully dealt withall to be thruste from the succession of that Croune being thereto called by the nexte proximitie of the royal blood And such deuolutions of other Kingdoms to the Croune of England by foraine mariage might by possibilitie often times haue chaunced and was euen nowe in this our time very like to haue chanced for Scotland if the intended mariage with the Queene of Scotland that nowe is and the late King Edward the sixt with his longer life some issue had taken place But now that she is no suche forainer as is not capable of the Croune we haue at large already discussed Yea I will now say farther that supposing the Parlament minded to exclude her and might rightfuly so doe and that the King by vertue of this statute did exclude her in his supposed will yet is she not a plaine forainer and incapable of the Croune For if the lawfull heires of the said Ladie Francis and of the Ladie Eleonour should happen to faile whiche seeme now to faile at the least in the Ladie Katherin and her issue for whose title great sturre hath lately ben made by reason of a late senteÌ„ce definitiue geuen against her pretensed mariage with the Earle of Herford then is there no stay or stoppe either by the Parlament or by the supposed VVill but that she the said Quene of Scotlande and her Heires may haue and obteine their iust Title and clame For by the said pretensed will it is limited that for default of the lawfull Heyres of the said Ladie Francis Elenour the Croune shall remaine and come to the next rightful Heires But if she shall be said to be a forainer for the time for the induction of farther argument then what saye the Aduersaries to the Ladie Leneux borne at Herbottel in England and from thirtene yeares of age brought vppe also in England and commonly taken and reputed as well of the King and Nobilitie as of other the lawefull Neece of the said king Yea to turn now to the other sister of the King maried to Charles BraÌ„don Duke of Suffolke and her children the Ladie Francis and the Ladie Eleonour why are they also disherited Surely if there be no iust cause neither in the Lady Leneux nor in the other it seemeth the King hath made a plaine Donatiue of the Croune VVhiche thinge whether he could doe or whether it be conformable to the expectation of the Parlament or for the Kinges honour or for the honour of the Realme I leaue it to the further consideration of other Nowe what causes should moue the Kinge to shutte them out by his pretensed will from the Title of the Croune I minde not nor neede not especially seeing I take no notice of any suche will touching the limitation of the said Croune here to prosecute or examine Yet am I not ignorant what impedimentes many doo talke of and some as well by printed as vnprinted Bookes doe writte of VVherein I will not take vpon me any asseueration any resolution or iudgement This onely will I propound as it were by the way of consideratioÌ„ duely depely to be wayghed and thought vpon that is for as muche as the benefitte of this surmised will tendeth to the extrusion of the Queene of Scotland and others altogether and to the issue of the French Queene whether in case the King had no cause to be offended with his sisters the Frenche Queenes Children as the Aduersaries them selues confesse he had not and that there was no lawfull impediment in them to
forrein and Barbarous nation the Englysh Saxons And the lett of that Mariage proceded of the Englyshe whose vse is to seek to wynne that of the Scottes by manacing wordes and force of armes whiche they should desyre by fayr meanes termes of freendlye good will And there wanteth not occasion to suspecte that they dyd it of purpose to the end that by breakyng of that mariage some of them might haue a more reddye accesse to the vsurpation of the Croune of England How soeuer it was the Scottysh Nation was not mynded to yeeld by force and yet scarse able to forbeare were constreyned to craue ayde of the Frenshe whiche they could not obteyne onlesse they sent theyr Queene into Fraunce as an hostage for their fidelitie But there was nothing that the Scottish nation more estemed and desyred at that day than the vnion of those two regions by that mariage as may well be proued by the common opinion and sayeing of the people there before the matter was attempted by way of force and armes vve vnderstand the English mans language sayd the people they oures vve inhabit all one Yland and almost in nothing doe vvee differre but that vvee are gouerned by tvvo seuerall Princes And in dede it is euidently knowne that the Scottishe Nation many yeres before dyd greatlye desyre and wyshe this manner of coniunction in amitye and namely at suche tyme as they maried the noble Lady Margaret the only heire of the croune of Scotlād daughter of Alexander their King to the fyrst Kyng Edward of England By whiche maryage those two kyngdomes had bene vnited had not that noble virgin deceassed before she came to the fyght of her husband Seing then the case thus standeth there is no cause whye eyther the Englysh or Scottishe should vpbraide or reproue one an other but they ought rather to agree all together in one voyce and consent that yf there were none alyue to whome the Soueraigntie of the whole Yland by right could belonged one generall Prince ouer all might be elected by voyce or lott So as at last the whole weale publicque and people might enioye perpetuall peace and be no more with partiall parttakinge sectes factions disturbed Euen as wee rede that the Persians in olde tyme verie prouidently in a like case vsed them selues For as Iustine reporteth when they had slayne their Mages great was their glorie and renowme for the recouerye of their Kyngdome but muche greater for that in contendyng about the gouernement they coulde agree among them selues There was among them many equall in vertue and nobilitie as it was hard for the people to make an election of a gouernour Therfore theyr nobility deuised among them selues an indifferent mean whereby to cōmit the iudgement of their woorthinesse to their goddes They agreed among them selues on a day appointed to lead all theyr horses before the Palace earlye in the mornyng and that he whose horse fyrst dyd neyghe before the rising of the sunne should be kyng The next day after when all were assembled at the houre appointed the horse of Darius sonne of Hydaspes dyd first neygh and gaue that happy signe of good fortune to his maister Immediatlye the modestye of all the rest was suche as vpon the first heearing of the good notice so gyuen they all leapt from their horses and dyd theyr homage to Darius as to their King and all the commons foloweing the iugement of the nobles willyngly confirmed the election accepted hym for theyr Soueraign Thus the kyngdome of Persians wherof at one time there was seuen noble competitors was in a moment reduced to the regiment of one And this they dyd withe suche incredible zeale and pietie towardes theyr Countrye as for the delyuerey therof from trouble and miserye they could haue bene content euery one to haue lost his lyfe Thus farre Iustin Immortall is the honour and renoume of those noble men whiche willinglie preferred the wellfare of their countrey before their priuate ambition But allmightie God hathe eased you well of this doubt For he hathe Layd it open before your eyes what persone it is to whome the Soueraigntie of the whole Yland euen by the lawes of the realm after the decease of the now Queene of England without laufull issue of her body ought to descend and come I mean the most noble Ladye Marye the woorthie Quene of Scotland whose apparēt pietie and vnuincible constancie in aduersitie vniuersally well knowne and talked of through the whole world doeth gyue a plain demonstration how vain and friuolous the Iudgment of those men is which represse and reiect the Regiment of women To this Ladye therfore may the regiment of the whole Yland at length descend according as it was once before to her adiuged by the sentence of her great graundfather Kyng Henry the seauenth and of his Counseill as Polydor reporteth Kyng Iames of Scotland the third saieth he dyd honorably intertein Richard Fox Byshop of durisme Ambassadour sent to him by Kyng Henry the seuēth and at their fyrst meting he showed hym selfe muche greued for the late slaughter of his subiectes but easilie he remitted the iniurie Afterward when they were together alone the Kyng tolde hym how auncient and iust causes of frendshipp had bene betweene Kyng Henry and hym and how greatly he desired the assurance therof that they two myght be tyed together in a more fast knot of loue and amitie whiche out of doubt will folow sayd the Kyng yf King Henry wolde bestow on hym his eldest daughter the Ladye Margaret in Mariage To this the Amhassadour answered coldlie but yet promised his helpe and furtherance and put the Kyng in good hope of the matter if he wold send an Ambassadour directly to that end The Ambassadour vpon hys returne home reported to Kyng Henry the whole matter whiche pleased Kyng Henrye wonderous well as one whiche delyted muche in peace VVithin fewe dayes after this the Ambassadours of Kynge Iames came to request the Ladye Margaret in Mariage Kyng Henrye after audience referred the matter to his Counseil among whome some there were whiche suppected that the kingdome might in processe of tyme be deuolued to the same Ladye Margaret and therfore thought it not good to marie her to a forain Prince whereunto the Kyng made answere and sayd what then Yf any suche thing happen whiche God forbid yet I see our kyngdome should take no harme therby for England should not be added to Scotland but Scotland vnto England as to the farre most noble head of the whole Yland for we see it so fallen owt in all thinges that the lesse is for honour sake euer adioyned to that whiche is farre greater as Normandie in time past came to be vnder the dominion and power of the Kynges of England our auncestors The Kynges Iudgement was greatly commended the whole Counseil approued the matter with a full consent and the sayd Ladye and virgin Margaret was maried to Kyng Iames. Thus
in the succession of the Croune For the Roial blood where so euer it be found will be taken as a pretious and singular Iewell and will carie with it his worthie estimation honour with the people and where it is dew his right withall Vide Anto CorsetuÌ„ de potest et excell regi q. 100. By the Ciuill lawe the right of the inheritance of priuate persones is hemmed and inched within the bandes of the tenth degre The Blood Roial runneth a farther race so farre as it may be found therfore the great mightie Conquerors are glad faine to ioyne in affinitie with the blood Roial OoÌ„querors glad to ioine vvith the royall blood Henry the first euer fearing the weaknes of their owne bloddie sworde in respect of the greate force and strength of the other For this cause was Henrie the firste called for his learning wisedome Beauclerke glad to consociate and couple him selfe with the auncient Roial blood of the Saxons whiche continueing in the Princely succession from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and reunited From this Edward my sayd souueraine ladie the Queene of Scotland taketh her noble auncient Pedegrue These then and diuers other reasons causes mo may be alleaged for the weighing setting foorth of the true meaning and intent of the said law Now in case these two causes and consideratioÌ„s will not satisfie the aduersaries we wil adioine there vnto an other whiche they shall neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward VVe stand vpon the interpretation of the common law recited and declared by the said statute L. fin ff de legibus how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the law is custome Common vse and practise the best interpretation of the lavve EodeÌ„ anno Rex cuÌ„ in diebus suis processisset AeldreduÌ„ VigornenseÌ„ EpiscopuÌ„ ad RegeÌ„ Hungariae transmittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota familia sua vt vel ipse ver filii eiê° sibi succederent in regnum Flor. histo 1057. But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and suche as were plainely borne out of the kinges allegeance The foresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other king Eduard the Confessour being destitute of a lawful Heire whithin the Realme sent into Hungary for Edward his Nephew surnamed Out law son to king EdmuÌ„d called Ironside after many yeres of his exile to returne into England to the intent the said Outlaw should inherite that Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the sayd king Edward his Vncle. After whose death the said king appointed Eadgar Adeling sonne of the said Outlaw being his next cosen to be his heire as he was of right to the Croune of England And for that the said Eadgar was but of yong and tender yeres and not able to take vpon him so great a gouernement the said king committed the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to welde the state of a king Flor. bislo 1066. Aelredus Regional leÌ„f de reg AngloruÌ„ ad Regem Henr. â— VVhich Harold neuerthelesse contrary to the trust supplanted the said yong Prince of the kingdome and put the Croune vpon his owne head By this it is apparent that foraine birth was not accoÌ„pted before the time of the Conquest to be a iust cause to repel and reiect any man beinge of the next proximitie in blood from the Title of the Croune And though the said king Edward the Confessors will and purpose tooke no suche force and effect King Stephen and King H. 2. as he desired and the lawe craued yet the like succession tooke place effectuouslye in king Stephen and king Henry the second as we haue already declared Neither will the Aduersaries shift of forainers borne of father and mother which be not of the kings allegeance The aduersaries fond imagination that H. 2. should come to the Croune by compositioÌ„ not by proximitie of blood Rex Stephanus omni haerede viduatus praeter soluÌ„ modo DuceÌ„ Henricum recognouit in conueÌ„tu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux Henr. ius haereditariuÌ„ iÌ„ regnuÌ„ Angliae habebat Et Dux benigne concessit vt Rex Stephanê° tota vita sua suuÌ„ RegnuÌ„ pacifice possideret Ita tamen confirmatuÌ„ est pactuÌ„ quod ipse Rex ipsi tunc praesentes cuÌ„ caeteris regni optimatibê° iurareÌ„t quod Dux Henr. post morteÌ„ Regis si illum superâ—iueret regnum sine aliqua coÌ„ntradictione obtineret Flor. histo An. 1153 The like fond imagination touching King Richardes nephevv Diuersitie of opinions touching the vncle nephue vvhetherof them ought to be preferred in the royall gouuernement help them forasmuche as this clause of the said statute is not to be applied to the kings children but to others as appeareth in the same statute And these two kings Stephen and Henrie the .2 as they were borne in a forain place so their fathers and mothers were not of the kings allegeance but mere Aliens and strangers And how notorious a vaine thing it is that the Aduersaries would perswade vs that the said King Henrie the second rather came in by force of a composition then by the proximitie and nearenes of blood I leaue it to euery man to consider that hath any maner of feling in the discours of the stories of that realm The composition did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right thereby than was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no children And no dout in case she had had any children by the Emperour they should haue ben heires by successioÌ„ to the Croune of England After whose death she retourned to her father yet did king Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and afrer her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat