A TREATISE touching THE RIGHT, TITLE, AND INTEREST OF THE MOST excellent Princess Marie, Queen of Scotland, And of the most noble king james, her Grace's son, to the succession of the Crown of England. Wherein is contained aswell a Genealogy of the Competitors pretending title to the same Crown: as a resolution of their objections. Compiled and published before in latin, and after in English, by the right reverend father in God, john Lesley, Bishop of Rosse. With an exhortation to the English and Scottish nations, for uniting of themselves in a true league of Amity. An 1584. All Britain Isle (dissensions over past) In peace & faith, will grow to one at last. Increase of bless expected long In Britain was begun: When such a mother did bring forth With so good hap a son. MARIA SCOTORUM REGINA JACOBUS VI SCOTORUM REX Through princely grace and piety Great is the mother's fame, The king her son doth yield much hope To imitate the same. TO THE SACRED AND MOST MIGHTY EMPEROR: AND TO THE MOST HIGH AND PVISSANT kings and Sovereign Princes of Christendom, john Lesley, Bishop of Rosse wisheth peace and perpetual felicity. SACRED AND MOST MIGHTY Emperor, and ye most puissant kings and Princes Christian, if you call to mind and memory all forms of common wealths, wherein diverse people in times past (aswell heathen as Christians) have been preserved: you shall find none, either for peace and tranquyllitie more established, or for Majesty more glorious, than that, where one hath governed, which lawfully entered, as right heir in succession: and moderated all things with sincere indifferencio, as a Just and upright judge. And, to omit, that this form of Government resembleth that regiment, wherewith God ruleth the whole world, and how therefore it is the best: to omit also that the leagues of foreign Princes, with their marriages, and mutual agreements in love and amity are herein also included, and how therefore it is profitable: Likewise to let pass the general peace, quiett, and tranquility which this assureth to all men, and how therefore it is amiable, the truth of this matter will more evidently appear, if you deeply consider what injuries and calamities the people of that country is forced to endure, where an usurping tyrant, not by right of succession, as lawful heir unto his ancestor, but by ambition & stronghand violently intrudeth himself upon an other man's right & possession. For such a one, (by vexing his subjects with continual fear, & oppressing them with wicked exactions, and more wicked murders) sticketh not to subvert all laws of God & man, to the end that he may rule all alone. Thus whiles he most cruelly tirannizeth over his subjects, and they most mortally do hate him: what mischiefs and miseries do not burst in upon any nation by such a desperate head and such discord of membres? Vherupon it followeth well in my judgement, that the good will of Princes toward their subjects, and the love of Subjects toward their Princes is the surest means to keep and preserve the public weal of any Country: In somuch as, what Region so ever wanteth this, must either be divided in itself, and torn in pieces with domestical troubles: or fall in to the hands of strangers. Therefore of all nations that have been in any age, I find none, that by this conjunction of mutual amity hath not been advanced with great felicity: and none on the other side, that by want thereof hath not, either like a sore diseased or wounded body languished miserably: or utterly devolved in to extreme ruin and destruction. Yea, such misruled nations have not alone tasted the calamities of their enormities: but have wickedly also casten out their vonim upon others: and with such contagious poison, have infected their neighbours round about them. So as all Prince's Christian, that desire long to Reign, have hereby to note and learn, how it behoveth them, not only to rule their own Countries without all manner of Tyranny: but also to provide (so much as in them lieth) that their neighbours be not oppressed by tyrants. For such neyghborhoode can not be but contagious: because it is the nature of tyrants, first to ransack and spoil their own people, and afterward to break out upon others, and to ruin them, all manner of ways. And this I write, to the end, that all Christian Princes, aswell for their own sake, as for Charity also toward their Christian neighbours, should have some special care to help, that my Sovereign Lady mary, Queen of Scotland, and the most noble King her son be not excluded, and barred from their right of inheritance and succession to the Crown of England, after the lawful issues of King Henrye the eight be all deceased: Lest that, by unjust intrusion and invasion of unlawful usurpers, the true heir be defeated, that flourishing Kingdom by tyranny ruined, and the neighbours adjoining contagiouslye annoyed. Fort sith it is evidently known, that all those commodities and riches wherewith England hath plentifully furnished, not only itself, but other countries also, have grown specially by this occasion, that it hath been hitherto sweetly and peaceably governed by the true and lawful heirs, to the great honour of the Governors, and commodity of the Subjects: and seeing it is also manifest, that after the deceases of all the issues lawfully descended from King Henry the eight (as I said before) the Kingdom of England by right every way belongeth unto mary the Queen of Scotland: who seethe not, that if the same Lady be excluded from her right: than not only that Realm shall be spoiled of their own commodities, and their neighbours want those helps which they have long enjoyed: but also, that Region willbe a nest of tyrants, where every family shall rob itself, and as mere strangers spoil and morder one an other? Now then, because some unjust Competitors incensed with desire of rule, do cover their ambition by pretending a title to the Crown of England: I thought it to be a part of my duty, to infringe their untrue surmises: and by strong and weighty arguments to prove, and ratify the lawful title and right of the Queen and King my Sovereign Princes. For so, I hope it will fall out, that all Christian Kings and Potentates will more reddelye perform such honourable offices of Courtesy and Charity, as all Princes own one to an other: and that specially, when they shall see the verity, integrity, and justice of this cause so expressly declared, as no scruple thereof can stick in the heart of any indifferent person. For though generally all Christian Kings are (as it were) so linked together, as they should aid and defend each others honour and dignity in respect that they are Kings: Yet every one of them in some one or other particulrr respect is so allied unto the Queen and King of Scotland, as they ought to take her part, and to join with her against her enemies. And (to surcease from speaking any more of the common bond of love among all Princes generally) I may not herein over pass that godly father which sitteth in the holy Seat, and (as it is well known) like a second Samuel will not anoint with holy oil, (that is to say, confirm by his authority) any other to be rulers over Christians, than such Princes as might well seem to be saul's and David's, which represented the persons of all lawful Kings. For beside her undoubted right of Succession (which is accounted a kind of divine calling and choice to a Kingdom) this may specially persuade him to defend her as his daughter, which neither by straightness of prison, nor by any kind of affliction could be hitherto seduced from honouring him as her father. What need is there to call upon the most sacred Emperor, and other Kings and Princes in particular, sith they are all allied unto the said noble Queen, either by a sure knot of amity, and friendship, or by a most fast bond of consanguinity and kindred? Neither is it necessary to prove this by genealogies and pedegrues, seeing the world allredye knoweth that she is descended, both by father and mother, from the most noble Princes, Kings, and Emperors of the whole Christian world. As for the nobility and Commons of England, this should move them to love her, that she is come so many ways of English blood, and had her great Grandmother out of the Princely house of Somerset, and had for her Grandmother the Lady Margaret, eldest daughter to King Henrye the seventh. And is not this much to move them further, that she was by this means so much affected toward the English Nation, as in her troubles & afflictions at home, she rather hoped for relief at their hands, and therefore trusted the now Queen of England, upon her, promises, so far, as she made her choice, rather to come for succour to the English (where now she liveth in prison) than to other Princes her special friends: of whom she was assured to have found relief and secure? Add this withal, that before all other Christian Princes, she choase an English man to be her husband, and by him brought forth a son, heir to the same Kingdom. What should I report of the signs and tokens of her piety which now she showeth in England, or of her Courtesy, good will and love toward the English Nation: how friendly she thinketh of them, how honourably she speaketh of them, and how nobly she writeth of them, yea how that by long conversing with them, she hath now so perfectly learned their manners, their language, and their customs, as having almost forgot all other fashions, she seemeth to be brought in to this world, by the providence of God, justly to govern the people of England? Wherefore, sith this our Queen is the worthy heir, and the righteous heir of the English Crown: it standeth agreeably with your charity, which you, as Kings, are wont to use toward Queens, and with those offices of courtesy and kindness which you own, as Allies, to your friends, or as Cosaines to your kynsewomen, to provide (by all possible means) that she be not defeated of her right: nor barred from that dignity, which by many titles is due unto her: lest that the harms which fall upon her by such losses, do procure great perils to you and your posterity. And the better to avoid all stops which might breed in you by any obscure or brief relation, I here present unto your Majesties with all humility this book, containing a full discourse of the whole cause, which during my abode in England, about the affairs of my said Sovereign, I caused to be published in English, to the use of English men: and have now augmented it, with a Genealogy of the Competitors, which by descent from two Princely families in that Realm, to wit, York and Lancastre, pretend title to the Crown. And herein the cavils and surmises of the adversaries are so refuted, their sleights so discovered and avoided, and their arguments which they lean upon so overthrown, as the scruples and dowbtes (which before nevertheless to men of equal and indifferent judgements were plain enough) may well seem to be removed and pulled out of the hearts and minds of the adversaries. I humbly therefore beseech your Majesties, to accept that friendly which I present unto you: to mark that attentively which in writing I set down before you: and to perform that justly which best beseemeth you. So far ye well: and favour the cause of a most lawful Queen. TO THE MOST EXCELLENT, AND MOST gracious QVENE MARIE, AND TO THE MOST noble king james her son, Queen and king of Scotland, his undoubted sovereign's, john Lesley, Bishop of Rosse wisheth all true felicity. O FALL the most excellent gifts and benefits, which God of his goodness hath bestowed upon mankind, I know not whether there be any one, for profit, more fruitful, or in estimation more excelling, than is the inclination among men to mutual love and amity. For such is the force thereof in matters of great importance, as the person in whom it is once well established can not be at any time, either by counsel seduced, by iniquity of time embased, by fortunes frowning disquieted, nor by any violence shaken, much less overthrown or destroyed: In somuch as, I must needs say that, whosoever wanteh this guyft of nature: he is not only far from all commendation of constancy and wisdom in great affairs: but also putteth of all humanity, and is become impious, wild, and savage. And this sense or feeling of love and amity, although it be naturally planted in every man and woman: yet is it most especially in them, that are by blood and kindred most nearly conjoined together. Wherefore, so often as I consider the tender love of parents toward their children, & the piety of children toward their parents: I always acknowledge this natural inclination to love and amity (without which no common wealth can endure, nor any family stand) to be a special benefit of God, bestowed upon mankind. And so often also (most gracious Princes) I find just cause to move me in the behalfs of your Majesties, and of your subjects, to rejoice, and to give God thanks, for that these laws of nature and gifts of grace in you by God singularly planted, you have reserved and kept whole and inviolate, from the injury of the time, and from the malytiouse stings of perverse detractors: in such sort as, you could not, by any other occasion, have given a better testimony of honourable courtesy and virtue: nor have raised in the hearts of your subjects a more assured hope of the best mean to preserve, yea and to enlarge also, and amplify your kingdom. For to me, and to all your loving subjects nothing can be more grateful, than this firm and fast love and agreement between you: nothing that aught to be more acceptable to yourselves: nothing more agreeable to the general welfare of all men. earnestly therefore, and in the most deutifull manner that I can devise, I humbly beseech your Majesties, at no time to suffer the accustomed heat of your mutual love, in any one point, to cool: but that it take such deep hold, and daily increase so much within your gracious breasts, as it never be extinguished, either by treason of false detractors, by the cruel fickleness of fortune, or by any flagitious means that the malice of this world may procure. So use the matter, as this lovying conjunction of your two hearts may be unto you a brazen wall: defend you this wall stoutly, that double tongued Sycophants may dread it: let this work such an effect in you, as all those be out of your favours which carry in their mouth a flattering word, and in their hand a cruel weapon: such as pretend peace by word, & practise war by deed: such as in peace use deceit, and in war outrageous violence: and so by deceit kill men's souls: and by violence destroy their bodies. Now, as touching the exceeding tender love and zeal of mothers towards their children: it is of such force, as hath wrought very much profit, not only to private families, but also to whole common wealths, yea and to the greatest empires. Hereupon arose the honourable fame of Eurydice of Dalmatia, for that being a banished woman in Illyria, & well strooken in age, she applied her mind wholly to learning: to the end she might better instruct her own children. But, (to come somewhat nearer to your Majesty, my dear Sovereign lady) if the care of this woman over her children, and of all other mother's whosoever, be compared your wonted singular love towards your son: so much further shall you exceed them all, as it hath been harder in this iron age, constantly to hold that course of virtuous love, which your Grace, with continual care, and great fortitude, hath kept and performed towards his Majesty. But how careful you have been for his safety (being your only son, well beseeming such a mother as yourself, and right worthy to be your best beloved) your motherly affection hath been declared many ways in your own person: As your great instancy, & earnest travail in commending him to the tuition of such as were thought most faithful, hath given good proof thereof. Even so when those horrible broils were begun in your Country, all things by seditious tumults overturned, and the face of your common wealth with the administration thereof (by violent expulsion of a lawful authority, and by injurious intrusion of others) transeformed and deformed: then (alas) what fear and dread possessed your tender heart, what anguish and vexation your careful mind endured for his sake, that is to you most dear: all the world may easily judge: and they best of all, that know what it is to be a mother of an infant, being under the ward of his mortal enemies. But with what faithful diligence your Grace dealt for his safety, aswell with the nobility, as with those which had the custody of him, (not by letters only but by messengers also: and by great rewards aswell as by other gentle entreaty) I myself, am a present witness, and (as I think) no man either can better testify, or aught more plainly to manifest the same. For, at that time I was by your majesties appointment made privy to all those matters: and in the execution of my commission they passed through my hands: yea I have oftentimes with great compassion & pity beholden your Grace shed abundance of devout tears, kneeling upon your knees in devout prayer to God for his welfare. And afterward, when the matter came to this issue, that you might have been delivered upon certain conditions: you preferred the honour of your son, and the advancement of his Royal dignity before all worldly things, and (as I may well say) before your own life: In so much as even then you did most constantly affirm, that you would never give your consent to any thing that might be hurtful, or prejudicial unto him: albeit you had been oftentimes solicited, and sore urged to the contrary: An honourable saying (truly) well beseeming your motherly piety, and Royal descent: and a special good proof of your singular good will towards your son. And as to your majesty (most noble king, of whom the world conceiveth so great hope, and whose judgement surmounteth your age) when you shall well wegh these and many other great arguments of this your mother's natural love and pure good will (whereof you should have been advertised long before this time, by most trusty messengers and many letters, if opportunity had served) you shall find good cause to say to yourself: Doth neither Mother's love, nor virtue of thy kind Force thy desire to tread her steps aright, To bear like love, like faith, like piety in mind, And trust her best above each mortal wight? But at the least, considering yourself to be so infortunately bereft of so good a mother, you may apply unto yourself (as a doleful swans song) that distich which Homer very fitly useth in the person of Thelemachus bewaling the loss of his brother, as a great calamity, in this sort. And me poor youth hath jove so left alone, That of my stock there now remains but one? Yea more occasion you have thus to complain than Thelemachus had: For the nearer in blood a man's mother is than a brother, somuch dearer ought she to be unto him. Therefore (to th'end you may more reddelye perform such offices as are expected in you) ponder with yourself (I humbly beseech you) beside her piety and natural kindness towards you, what mighty kingdoms, what ample Regions, what populous provinces may by right of succession fall unto you from her only, and under her title, if God grant you that happy long life which we daily pray for. And to make a plain demonstration hereof (omitting to speak of your right to the Crown of Scotland, whereof no man at home or abroad putteth any doubt at all) I thought it meet (and that not without good cause) to set down in writing what may (without cause of offence, justly, and lawfully) be hoped touching your right and interest to some other kingdoms and provinces. Now therefore, because some men perchance (both foreigners and inhabitants of the same Countries) are kept in suspense and doubt what to think touching the succession of so great dominions, & to the end that none may be Ignorant of the right, title, & interest, which your noble mother before all others, and yourself, her Graces only son, and heir, (after her) hath to the inheritance and succession of the Crown of England: and of all the dominions thereunto annexed or belonging, upon the decease of the now Queen thereof without lawful issue of her body: I present unto your two Majesties this Treatise: wherein is set down the state of the whole cause, and the right, Title, due order, course, and process of that succession, with a plain confutation of all those objections which your adversaries pretend to the contrary. And this travail long ago whiles I was Ambassador in England I did willingly take in hand: aswell, thereby to win the good wills of many unto you, as for the honour and general commodity of your Country: Wherein at that time I had much conference with some of the most expert and skilfullest judges & best practised counseilers towards the laws of that land: and after many discourses and much debating, I clearly sifted out their opinions, and judgements, touching this matter. And not long after upon mature deliberation: when I had well revolved these things in my mind: I thought it every way agreeable to my duty toward your Majesties & your Country, to contrive in some little volume what I had learned in so long time: being also hereunto induced by the persuasion of diverse Christian Princes: whom, after my departure out of England, coming to visit them, I had made acquainted with this matter: which they were glad to hear, and for their better instruction desirous to be informed thereof at more length by writing. Whereupon, first to satisfy the honourable meaning of those noble personages, I compiled and published a Treatise of this matter in latin. And now further to accomplish my duty in defence of your Royal Dignities, and to settle the minds of the wavering commonalty, and for the general commodity of all such as have any interest in this matter, I have set forth this Treatise in English. And I verily hope (such is your princely good meaning, my most undoubted Sovereigns) that you will accept in good part this my travail, as a testimony of my dutiful good will, reverence, & service to your Majesties: and that you will construe my intention and advise to this attempt, as (in your judgement) agreeable to the weight of so great a cause: and allow thereof, for the manifold commodities that therehence may arise. Now then, as a right and lawful combination of many Regions by just title of succession belonging to you, most manifestly argueth and convinceth a Regal Sovereignty, derived unto you by many famous kings, your majesties Ancestors: so doth the same require and exact of you an union and conjunction of minds, and a full consent in the virtue and religion of your forefathers. For nothing can be more agreeable with the name and title of a king, and with the honour and renown of so noble a succession, as so fortunately proceedeth from such a mother to such a son, than that with such an undoubted title & right to rule a kingdom, there be annexed an uniform profession in sincere Religion. To which end, as the mother hitherto most religiously following the virtue, faith, and piety of her noble progenitors hath evermore showed such constancy, as that Sex scarcely beareth: so the young king her son in succession going with her, must diligently foresee, that in a sincere profession of one self same Catholic religion, he be not behind her: but that, as he hath truly imitated all her other virtues, wherein she wonderfully excelleth her own self: so he resemble her in true faith and in uniformity of the Catholic Religion. And thus the mother can have no occasion offered her to remit any part of her true love, and affection towards her son: but by daily increase of natural affections between them, she will so answer him in courteous kindness: as, though she be forestalled of his presence, yet shall she enjoy great comfort of him in his absence: in so much as, all the world at home and abroad shall admire and wonder at their laudable emulation in offices of natural zeal and piety: Yea, thus it will fall out, that your own people (moved by your example) will induce one an other to peace and amity: and freely of their own accord, without any contention, will offer up unto you, such kingdoms, regions, & provinces, as are, or shallbe due unto you by right: and desire nothing more than to be under the dominion of them, whom they see in one mind, faith, and religion, with good laws and true justice moderate their common wealth. Which kingdoms and the Subjects thereof, God the king of all kings which ruleth the hearts of all Princes grant you grace well to govern, to the glory of his, holy name, to the propagation of his holy church, and to the maintenance of common peace and tranquility. Amen. A PREFACE CONTAINING THE ARGUMENT OF THIS TREATISE, WITH THE CAUSES moving the Author to write the same. THE deep providence of Almighty God, who of nothing created all things, most evidently in this point showeth itself, that by his power ineffable he hath not only created all things, but by the same power, hath also endued every living creature, with a special guyft & grace to continue, to renew, and to preserve; each his own kind. But in this consideration, the condition of man kind, among and above all earthly things, hath a peerless prerogative of wit and reason: wherewith he only is of God graciously endued and adorned. Man by the guyft of wit & reason hath a great fresight of things to come. For by these excellent gifts and graces of wit and reason, he doth not only provide for his present necessity and safeguard (as do naturally, after their sort, all brute beasts, and every other thing void of reason) but also, pregnantly discoursing from cause to cause, and prudently applying their several courses & events, he gaineth a great foresight of the dangers and perils that many years after may happen, either to himself, or to his Country: and then by diligence and careful provision doth invent some apt and meet remedies, for the eschewing of such mischiefs, as might outrageously afterward occur. And the greater the fear is of more imminent mischief: so much more care, and speedier diligence is used to prevent and cut of the same. And it is most certain, by the confession of all the world, that this care (which I speak of) ought principally to be employed of every man (as opportunity serveth) to this end, that thereby the Authority of the Prince may be kept whole and sound: the public weal of his country assured: and the common peace & tranquility of both preserved. subjects ought to love their king, and to know the heir apparent to the Crown. For the obtaining whereof, as there are many branches of policy to be desired: so one special part is for subjects, lovingly and reverently to honour, and obediently to serve their Sovereign, which for the time hath the rule and government: the next, to foreknow to whom they own their allegiance, after the decease of their present prince and Governor. Which being once certain, and assuredly known, procureth (when time doth come) ready and serviceable obedience, with great comfort in the mean while, and afterward universal rest and quietness of all good Subjects: as on the contrary part, through discord, variance, and diversity of minds and opinions, about a Successor, the matter groweth to faction: and from faction bursteth out to plain and open hostility: whereupon followeth passing great perils, and oftentimes detestable alterations and subversions of the plublick state. For the better avoiding of such and like inconveniences (albeit at the beginning Princes reigned, not by descent of blood and succession, Why all the world, almost, embraceth succession of princes, rather than election. but by choice and election of the worthiest) the world was for the most part constrained to reject and abandon election: and so oftentimes in stead of a better and worthier, to take for their Governor, some certain issue & offspring of one family, though otherwise perhaps not so mete. Which defect is so supplied, partly by the great benefit of the good rest and quietness that the people universally enjoy by this course of succession: and partly by the industry and travail of grave and sage personages, whose counsel Princess do use in their affairs: that the whole world, in a manner, these many thousand years, hath embraced succession by blood, rather than by election. And all politic Princes wanting issue of their own bodies to succeed them, have ever had a special care & foresight (for avoiding of civil dissension) that the people always might know the true and certain heir apparent of the Crown: specially, when there appeared any likelihood of variety of opinions, or factions to ensue, about the true and lawful succession in government. The care of English kings to have the successor to be known. This care and foresight doth manifestly appear to have been not only in many Princes of foreign Countries, but also in the kings of England, aswell before, as after the Conquest: namely in S. Edward, king of England, that holy Confessor, by declaring and appointing Edgar Atheling, his nephew's son, Flores hist. anno 1057 to be his heir: as also in king Richard the first: who, before he enterprised his journey to jerusalem, Richard canon of the Trinity in London assembled his Nobility and Commons together, and by their consents declared Arthure, son of his brother, Duke of Britain, to be his next heir and Successor of the Crown. Of which Arthure, flores hist. anno 1190 Poli. l. 14. as also of the said Edgar Atheling, we will speak more hereafter. This care also had king Richard the second, what time by authority of Parliament he declared for heir apparent of the Crown, the Lord Edmond Mortymer, that Married Philip daughter and heir of his uncle leonel, Polid. l. 20. duke of Clarence. And (to descend to later times) the late king Henry the eight showed (as it is known) his prudence and zealous care in this behalf, before his last voyage in to France. And now, if almighty God should (as we be all, both prince and others, subject to mortal chances) once bereave the Realm of England of their present Queen: the hearts and minds of men being no better, nor more firmly settled and stayed towards the expectation of a certain succession, than they seem now to be: then woe & alas, it woundeth my very heart, even once to think upon the imminent, and almost inevitable perils of that noble Realm, being like to be overwhelmed with the raiging, & roaring waves, & storms of mutual discord, and to be consumed with the terrible fire of civil dissension. The fear whereof is the more, by reason that already in these later years, some flames of this horrible fire have sparkled and flushed abroad: & some part of the rage of those floods have beaten upon the English shores: I mean the hot contention that hath there been stirred in so many places, and among so many persons: Of books also dispersed abroad, so many ways fashioned & framed, as either depraved affection perversely lusted, or zealous defence of truth sincerely moved men. Seeing therefore, that there is just cause of fear, and of great danger likely to happen, by this variety of men's minds and opinions, so diversely affected, aswell of the meaner sort of men, as of great personages: I take it to be the part of every natural English man, & of such as favour them, to labour and travail (each man for his possibility, and for such talon as God hath given him) that this so imminent a mischief may be in convenient time prevented. We see what, wit, policy, pains, and charges men employ, with dams, wears, and all kind of ingenious devices, to provide, that the sea or other rivers do not overflow or burst the banks, in such places, as are most subject to such danger. We know also, what politic provision is made, in many good Cities and towns, that no dangerous fires do arise through negligence: and that the fury thereof (if any happen) may speedily be repressed with diligence. Wherein Augustus the Emperor, among other his famours acts, is worthily commended & honoured, for appointing in Rome an ordinary watch of seven companies in several places, to prevent such mischiefs, as come by fire: being hereunto induced, by reason that the City was set on fire in seven several places in one day. And shall not then every man, for his part and vocation, have a vigilant care and respect to extinguish and quench such a fire already bursten out, as may (if the matter be not wisely looked unto) subvert, destroy and consume, not one City only, but also a whole Realm & Country? Which to suppress, one ready and commodious way (as I think) is, that the Country men & people of that nation may thoroughly understand and know, from time to time, in what person the right of succession of the Crown of that Realm doth stand and remain. For now, many men, partly through ignorance of the said right & title, & partly through sinister persuasion of some lewd pamphlets (whereunto they have too lightly given credit) are seduced and carried away quite from the right opinion and good meaning, which once they had conceived, and from the reverence and duty, that they other wise would, and should have. Which corruption of judgement and opinion, I do heartily wish to be plucked out of the hearts and minds of men: and shall in this Treatise, do my best endeavour, with most strong reasons and prooses, to remove the same: not presuming upon myself, that I am better able than all others this to do: but upon duty and zeal to open a way for the knowledge of truth, which by so many indirect means is restrained, obscured, and persecutde: after reading and viewing of such books, and the arguments thereof, as have been set forth by the adversaries to the contrary, (whiles I was in England, Ambassador for my most gracious Sovereign lady, the Queen of Scotland) I attempted this work, not unrequested of some noble personages, then of great account: nor without the advise, counsel, and judgement of some, very skilful in the customs, laws, and statutes of that Realm. Wherein I verily hope to show such good matter, for evident demonstration of the truth, as seemeth to me sufficient to satisfy every honest and indifferent person: and able to persuade all such as are not obstinately bend to their own partial affections, or not given over to some sinister meaning, and factious dealing. TO THE NOBILITY AND people of England and Scotland, A Poesy made by T. V Englishman. Draw near, with heedful eyes this book peruse: Who that desires assuredly to know Those just decrees, that English people use, For rightful heirs, to whom the Crown doth grow: With glorious Races of so rich a soil, And golden bonds of most assured peace, Which (after wars and many a bloody broil) Hath long time lasted, and doth still increase, By Henry's wife, whom Stories seventh do name: From whose renowned stock and princely strain, Marry now present Queen of Scotland came, And james her son, as king to rule and reign, Under that Pole, which we the Northern call. This lady by her predecessors right Doth look the English Crown to her shall fall, Virtue to defend, and people (by her Might) To guide in peace, when Henry's heirs are dead: Which was the eight, in great renown of late. For then, with right pretence, who can proceed To gain say her, and spoil her of her state, And right, to bear the sway in English land? But lest the simple man should grow in doubt, What law allows her, for their heir to stand, Lesley well knowing all the cause throughout, As one that loves his Queen, and common peace, By busy toil, hath brought this thing about, And doth his best to make false practice cease. You Britaines therefore, with attentive heed, Draw near, and reap the crop of this his seed. Esteem his work, and weigh his warnings wise, That tells the truth, still one in word and mind: Regard the right of her, who once may rise And rule in state: your Queen to heavens resigned. " That only Realm is in most happy state, " Which bears no tyrants rule, nor bloody band: " And whose renowned Prince doth evil hate, " And rules in peace the people of her land. A TREATISE touching THE RIGHT, TITLE, AND interest aswell of the most excellent Princess, mary, Queen of Scotland, as of the most noble King james, her Grace's son, to the succession of the Crown of England. And first, touching the Genealogy, or pedigree of such Competitors, as pretend title to the same Crown. A DECLARATION OF THE TABLE following, touching the race & progeny of such persons as, descending from the Princely families of York and Lacastre, do either justly claim, or unjustly aspire unto the Crown of England: set forth for this special intent, that all men may clearly see (as by a plain demonstration, and by the best proof that can be of a true and lawful succession) how the most gracious Princess, mary Queen of Scotland, and from & by her, the most noble King james, the sixth of that name, her Grace's son, ought justly to bar all others, contending to intrude themselves into the Royal Throne of the Realm of England, before their time. CERTAIN IT IS, Queen of Scots right heir apparent of the Crown of England. and assuredly tried and known to all men, that (after the decease of Elizabeth, now Queen of England, without lawful issue of her body) the Sovereign Government of that Realm (by right and just title of a lawful succession) is to remain and come to Marie, the most noble Queen of Scotland, and from her to the said King james. And this is such an undoubted truth, as the Adversaries themselves are not able to deny it, if they will cast away all partial affection of private quarrels, and sincerely discover their own consciences. For, A woman may have the kingdom of England. (to let pass as sufficiently by others answered and clearly confuted, that absurd paradox, & heretical assertion blown abroad, by undiscrete and seditious libels, against the regiment of women) I make this full account and reckoning, as of a thing most clearly known, and confessed in the hearts and minds of every true English man, and as agreeable with the laws of God and nature: that for default of heir male, inheritable to the Crown of England, the next heir female in an ordinary course of inheritance & succession, is to be invited & called to the lawful possession of the Crown: And that, aswell by the ancient common law and custom of England, yet in force: as also by the Statutes and acts of Parliaments of that Realm, and by the usual construction and continual practice of the same. In like manner it is evident and plain, that the right nobly renowned Princess, of famous memory, Lady Margaret, some time Queen of Scotland, & eldest daughter of the seventh Henry, King of England, and of his most noble wife, Queen Elizabeth, the undoubted heir of the house of York, was married to james, King of Scotland, the fourth of that name: by whom she had one only son called king james the fift: & that the said most excellent Princess, mary, now Queen of Scotland, is the sole daughter of the same King james the fift. Whereupon it falleth out, that after the decesses of the heirs males of the bodies of the said king Henry the seventh and Queen Elizabeth his said wife, without lawful issue of their bodies, than the right, title, and interest to the Crown of England ought to descend, Margaret King Henry the seventh his eldest daughter, grandmother to the Scottish Queen. and come, by a lawful course of inheritance and succession, first & before all others, to the said most gracious Lady, Marry Queen of Scotland, as next heir, in a lawful descent, from her said grandmother, the said Queen Margaret, eldest daughter of the said King Henry the seventh, and of Queen Elizabeth his said wife. Now, this is a brief narration of such an undoubted truth, as should need no further explication, if men were devoutly inclined to credit a truth. But because some men are by ambition so blinded, & carried away with their own fantasies, as they mind nothing more, than with contentious quarrels, to obscure and deface this matter: I must fet a further course: and though the thing be plain enough of itself: yet must it be delated with a larger discourse of many proofs, experiments and examples: to the intent that all those Competitors and Challengers, which oppose themselves against her majesties right (albeit of themselves they will not yield to reason) may nevertheless be so convinced, and daunted, as they shall have nothing left to gainsay, when the truth of the cause shallbe clearly revealed, and sincerely laid open, to the view of Princes, and people of all nations. first therefore, I will set down a Genealogy, The argument of this work. and Pedegrue of the Kings of England: And I will derive the same from king Edward the third: And so from the most noble houses of York and Lancastre, in manner of an history, until these our days. Then will I duly examine such arguments, as the Competitors do alleige for their proof, to the end that by such discourse on both parties, the truth may better appear. King Henry the seventh, The process of the descent of the houses of York & Lancastre, and their diversities in Armurye. being descended of the house of Lancastre, had for his wife, Elizabeth eldest daughter of king Edward the fourth, and right heir of the house of York, By which marieage, the bloody broils & cruel factions of those two noble houses, which so many years had miserably afflicted the state of England (being called the factions of the white Rose and the read: meaning by the white Rose, the house of York, and by the read Rose, the house of Lancastre: upon that diversity in Armurie) were by the merciful providence of God broken and ended, For those two mighty families (descending, th'one from john of Gaunt Duke of Lancastre, the other from Edmond Duke of York, two of the sons of king Edward the third) striving for the kingdom, did draw after them, in contrary parties, all the nobles and Commons of that Realm. And no end nor measure of civil dissensions, slaughters, and murders could be found, until such time as the titles & interests of those two houses, were by the said marriage combined in one, and closed together: and thereby all factions, and domestical dissensions ceased and determined. The original cause of those dissensions was, as here after followeth. The cause of debate, between the houses of York and Lancastre. King Edward of England the third had four sons, of whom there was issue: to wit, Edward Prince of wales, which was the eldest son: Lionel duke of Clarence, the next: john of Gaunt duke of Lancastre, the third: And Edmund of Langley, Duke of York the fourth son. Edward Prince of wales died before his father & left a son which succeeded his Grand father, & was called king Richard the second. This Richard was, by his cousin germane, Henry (son of the said john of Gaunt by Blanch his wife) deposed from his kingdom, and died in prison, without issue. And then the kingdom was translated to the heirs of the third brother: and so to the house of Lancastre▪ by this means. Lionel, the second of the said four brothers, Duke of Clarence, had one only daughter, & heir, called Philippe: she was Married to Edmund Mortimer Earl of March: and by him had a son called Roger Mortimer Earl of March: whose daughter and sole heir, called Anne, was the wife of Richard earl of Cambringe: And by him had issue, Richard Plantagenet. Duke of York, heir in descent to Edmund of Langley, the fourth brother before named. Thus the house of york, by marriage of the said Anne, heir of the house of Clarence, gained a nearer title to the Crown of England. And therupon followed privy grudge, malice, & hatred: and afterward horrible wars between those two families. The third brother, john of Gaunt had to his first wife, the Lady Blanch daughter and sole heir of Henry Duke of Lancaster, descended of Edmond earl of Lancastre, called Edmonde crowcheback, son of king Henry the third. Polidor li. 16 〈◊〉. Some there were (as Polidor writeth) which afterward reported that this Edmond crowchebacke was the eldest son of the said king Henry the third, and therefore his heir, but by reason of his deformity his brother Edward was perferred to the Crown: In so much as under pretence hereof the before named Henry, son of john of Gaunt by the said Blanch (which deposed king Richard the second) as is before mensioned, to show some colour of good title to the Crown, and for to avoid suspicion of injurious intrusion, was advised by his friends at the time of his coronation to claim that kingdom in the right of his mother, the said Lady Blanch. But because that pretence was misliked, the same king Henry the fourth devised other matter▪ of title, and published the same by proclamation, Polidor li. 21. in initio. as Polidor also writeth: and under pretence thereof claimed the kingdom, and called himself king Henry the fourth. After him succeeded his son, king Henry the fift: married the Lady Catharin, the only daughter of the sixth king Charles of France: and by her had a son called Henry the sixth: whom king Edward the fourth, descended of the house of York, did cast into prison (where he died) recovered the kingdom to himself: and after the battle of Teukesbury, caused Edward, son of the same king Henry the sixth, privily to be put to death. Yet nevertheless, the house of Lancastre did stand. For john of Gaunt before named, by his third and last wife, had a son, called john Earl of Somerset, and Marquis of Dorcestre. And this john had a son, named john Duke of Somerset, and Earl of Montague: and a daughter called joan: she was married to the first james king of Scotland, the third of the house of Stewards, after the two Roberts, the second and third. This james the first was father to james the second, father of james the third, father of james the fourth, kings of Scotland. Which james the fourth married the said Queen Margaret, eldest sister to king Henry of England the eight: and by her had james the fift, father of Marie now Queen of Scotland. The said john Duke of Somerset and earl of Montague had one only Daughter called Margaret, Duchess of Somerset: which was married to Edmond, afterward Earl of Richemond brother, of the half blood, to king Henry the sixth, by one & the same mother, the said Queen Catharin: for his father's name was Owen Teuther, the second husband of the same Queen Catharin. This Edmond had, by the said Lady Margaret, Duchess of Somerset, a son called Henry, who upon the death of that Tyrant, the third king Richard, obtained the kingdom of England, and was named king Henry the seventh. But (to come to the house of york, descended of the fourth son of king Edward the third) so it is that Richard the before named Earl of Cambridge, by his said wife the Lady Anne mortime before named the only heir of the house of Clarence, had (as is before said) a son called Richard Duke of York. This Richard, (the principal person of the faction which did bear the white Rose) after great wars with king Henry the sixth) the chief of that side which did bear the read Rose (was slain in the battle of Wakefeild: And had three sons) Edward Duke of York, George Duke of Clarence: and Richard Duke of Glocestre. This Edward Duke of York (as is before mentioned) put the sixth king Henry in prison, obtained the kingdom, and so brought the Crown to the house of York, and was called king Edward the fourth. He had a son which succeeded him, and was called king Edward the fift: and a Daughter, the Lady Elizabeth, afterward wife to king Henry the seventh. The second brother George Duke of Clarence was by his brother king Edward the fourth put to death: he had a daughter, the Lady Margaret, Countess of Sarisburie, afterward married to Pole. The third brother, Richard duke of Glocestre, after the decease of his brother King Edward the fourth, caused the young king, Edward the fift, his said brother's son, traitorously to be mordered: & like a Tyrant usurped the Crown, and called himself king Richard the third: but (as he justly deserved) he died dishonourably, and was slain in the battle beside Bosseworth, by king Henry the seventh, & so died without issue. This seventh king Henry, descended of the house of Lancastre, was then the principal person of the other party against the house of York. But (to take away the matter of that contention) he married the said Elizabeth daughter to the said King Edward the fourth, The union of the houses of York and Lancastre. then right heir of the house of York: and so by uniting those two houses, he did cut of all those long and pernicious broils: Thus I have briefly: set down the original cause, and the final end also, of that so great and troublessome faction. Yet to proceed further touching the said king The issue of King Henry the seventh. Henry the seventh: he had by his said wife, Queen Elizabeth, a son called king Henry the eight (for his other sons I omit, because they died in the life time of their father, and without issue.) And he had also two daughters, Margaret, wife of the fourth king james of Scotland, and Marie▪ the wife of the twelfth king jews of France. This king Henry the eight had for his first wife, Catharin daughter to Ferdinando king of spain: and by her he had a daughter, the Lady mary, afterward Queen of England. But under a pretence that the said Catharin was the wife of his deceased brother Arthur, he put her away, and brought in Anne Bolleine, daughter of Sir Thomas Bolleine knight: and by her he had a daughter the most renowned Lady, Elizabeth, now Queen of England: And afterward he struck of the head of the said Anne, and Married the Lady jane Semer, a knights daughter: by whom he had his son Edward: which afterward was King Edward the sixth, and died without issue. Then were called to the crown by succession, first the said Lady Marie: and after her, the said Lady Elizabeth now Queen. After whose deceases, without any lawful issue of their bodies, the next place in succession ought of right to remain to the said most noble Lady mary, now Queen of Scotland, But before I enter into the explication of this matter, it shall not be far from the purpose, somewhat to speak of these other persons that challenge the right of fuccession, as properly to themselves belonging. King Henry therefore the seventh, by the said Queen Elizabeth daughter to king Edward the fourth had (as you have heard) his said son king Henry the eight, and his said two daughters, the Lady Margaret, wife to king james of Scotland the fourth, & the said Lady Mary, wife to the said king jews of France the twelfth: by whom she had no issue. The issue of Queen Margaret of Scotland. And the said king Henry the eight had (as I have said) by diverse venter's his said three children, king Edward, Queen Marie, and Queen Elizabeth. Of the said Queen Margaret, eldest daughter to the seventh king Henry of England, was by the said King james the fourth, her first busband, begotten and borne, the fift king james of Scotland, father to the said most noble Lady, Marry, now Queen of Scotland. And after the decease of the said king james the fourth, the same Queen Margaret was married to Archebald Earl of Anguish, and by him had a daughter, called the Lady Margaret Duglasse, sometime the wife of Matthew Steward, earl of Leneux, by whom she had two sons, Henry and Charles, of whom I will speak here after. Marry the younger daughter of king Henry the seventh after the decease of her first husband the twelfth, king jews of France, The issue of mary the French Queen. by whom she had no issue, was married to Charles Brandon, Duke of Sulffolk: by whom she had two daughters: Francise & Eleonor. For of her sons I omit to speak, because they died without issue. The said Lady Francise was married to Henry Grace marquess of Dorcestre, afterward Duke of Suffolk. This Henry Grace begat of her, three daughters, to wit, jane, Catharin, & Mary. The same Lady jane eldest of those three, was married to Gilford Dudley, the son of john duke of Northumberland: a marriage begun in an unfortunate hour: for it brought with it destruction aswell to them both, as to their parents, and many others. The said Lady Catharin was espoused to Henry Harbert eldest son of William Earl of Pembroche. And the Lady mary youngest of the said three, was betrothed to Arthur Grace, son of William Grace: But both those contracts afterward, by the procurement and special labour of the parents, rather than upon good matter (as I have heard) were in open court dissolved, and pronounced to be of no validity in law. The like happened touching a privy contract made between the same Lady Chatharin & the Earl of Hartford, by whom she had two sons yet living. Of whom I will speak hereafter. And thus far touching the issue of the Lady Francise, th'one of the said two daughters of Charles Brandon by Mary the French Queen. Now let us come to the said Lady Eleonor, the other daughter of the said Mary. This Eleonor was married to George Clyfford, earl of Cumberland: who had by her a daughter, the Lady Margaret, now wife to the Earl of Derby: which two have issue between them yet living. And this is the true genealogy and pedigree (forsomuch as I could ever learn) of all such issue and offspring descended of king Henry the seventh, and Queen Elizabeth his wife, as at this day can claim any right title, or interest in the Crown of England. The remain is to add hereunto somewhat touching the progeny of the before named king Edward the fourth. The issue of King Edward the fourth This king Edward the fourth, the principal person of the faction of the white Rose, had two sons: whom his brother Richard, aspiring to the Crown (a pattern of the worst mark that ever was in the memory of man) caused to be murdered: And he had also four daughters: the eldest was Queen Elizabeth the before named wife of King Henry the seventh, the chief of the faction of the read Rose, as is before mentioned. An other of the daughters was the Lady Catharin, wife to William Courtney, earl of Devonshire. Of the other two daughters, there is left no issue, and therefore I omit them. This Lady Catharin had by the said Earl of devonshire, a son called Henry Courtney, whom his Cousin germane, king Henry the eight caused to be beheaded upon a pretence of treason. This Henry Courtney left one only son called Edward Courtney, whom in his tender years king Henry the eight imprisoned in the Tower of london, (where he remained many years) till the death of king Edward the sixth: At which time that pattern of singular clemency Queen Marie did not only deliver him, but also restored him to his ancient estate of blood and dignity. This young noble man afterward died without issue at Padua in Italy: but if he had lived: he might with best right have claimed the Crown of England, after the issues of king Henry the seventh, and Queen Elizabeth his wife had been extinguishhed. In this Courtney now deceased, the progeny of King Edward the fourth had been determined, as concerning the straight line, if the offspring of king Henry the seventh, and Queen. Elizabeth his wife, were not yet living. But if that (at any time) fail: then must they seek for an heir in the collateral line. Therefore it is to be noted, The collateral line of the succession. that the before mentioned Richard Plantagenet Duke of York (which was slain by Henry the sixth in the battle of wakefeild, and of whose progeny we now speak,) had three sons: to wit, king Edward the fourth: George Duke of Clarence, and Richard Duke of Glocestre. Now then, for default of issue in lineal descent from Edward the eldest brother, we must have recourse (as is before said) unto the collateral descent, that is, to George Duke of Clarenee, the second brother, and to his succession. For to speak any more of Richard the youngest brother, which died without issue, it were superfluous. George then, duke of Clarence (, younger brother to Edward the fourth) had by his vyfe, Isabella (Countess of Warwik and Sarisbury) two children, to wit, Edward and Margaret. This George upon suspicion of treason to affect the kingdom, was by king Edward his brother privily put to death: And his son Edward being but a child imprisoned in the Tower of land, where he was detained until at last, upon like surmise, king Henry the seventh stroke of his head But the said Lady Margaret, Countess of Sarisburie, was married to Sir Richard pole knight, by whom she had divers sons: to wit, Henry, Arthur, Geffray, & Reinald, the same, which afterward for his rare virtues and singular wisdom and learning, was advanced to the dignity of a Cardinal, Cardinal Pole. and called Cardinal Pole. Henry the eldest brother (to omit the rest) had two daughters: Catharin Pole the elder sister, which was married to Francise hastings, Earl of Huntingdon: and Winifred the younger sister. Of which Winifred there is no need to speak any more: because there is yet living, descended of the said Lady Catharin, a plentiful generation. Thus it is evident and very plain that when the lineal descent in blood from king Henry the seventh and Queen Elizabeth, his wife shall fail: then must the right of the white Rose, that is to say, of the house of York, which did spring of king Edward the fourth be transplanted, and be derived by a collateral line from George Duke of Clarence unto the house of the Poles, and so unto the house of hafting or Huntingdon. Yet is there an other branch sprung out of the same stock, The now Emperor and King Philip are descended from King Edward the third. I mean from Edward the third in a long course of descent. And that is Philip the king Catholic of spain descended from john of Gaunt Duke of Lancastre, third son of king Edward the third. For the said john of Gaunt had two daughters: Philipp and Catharin. This Lady Philipp was mother to Edward king of Portugal: of whom all other the kings of Portugal, sithince that time till this day, are descended. This Edward king of Portugal was father to Eleonor the Empress, which was mother to Maximilian, the Emperor: father to Philipp king of Castil, father to that most victorious Emperor Charles the fift, father to the most prudent Prince, Philipp, the King catholic of spain, now reigning, & to the most gracious Lady Marie, mother to Rudolphus now Emperor. But (no to omit any thing which appertaineth to the Royal succession) I think it good to add a word or two touching the Lady Margaret Duglasse, Aunt (that is to say, sister to the father) of my Sovereign Lady, now Queen of Scotland: her mean which was married to the Earl of Leneux: a marriage very plausible to king Henrye the eight, or he endued her with great possessions in England: this Lady Margaret had by the said Earl two sons, Henry and Charles. Atferward the same Henry went in to Scotland to visit his father: and sing in the Court there, a comely young gentleman, very personable, and of great expectation, found such favour in the sight of that most gracious Queen of Scotland, as her Majesty created him Duke of Albany & earl of Rosse: And there withal she made a special choice of him to be her husband: thinking thereby, that (because he was born and brought up in England) her right and title might be more fortified, and all surmised defects supplied, if any thing there were that could be objected against her Majesty. After this Marriage between that most noble Queen and the said Henry was solemnised and consummate: her Grace had by him a son, my said Sovereign now king of Scotland, called james the sixth: A noble Prince, of heroical towardness, and of the best hope: the undoubted lawful heir of that most gracious Queen: representing always from his infancy a lively Image of his mother and of her beauty, virtues and graces. Thus much in few words concerning the succession of the Crown of England, and of those persons which claim any interest therein. But (to the end that all things may be more perfectly discerned) I have caused to be set down, in a table hereunto annexed, all the degrees of descents, both lineal and collateral from king Edward the third, from whom either of those two families of York & Lancastre do take their beginning: In which table, the whole order and process of that noble stock, hanging together in a continual course of succession, may most easily appear at the first sight. Here is to follow a Table of the said Genealogy. A table of the Raze and progeny of such persons as descending from the princely families of York & Lancastre, do either justly claim, or ambytiously covet the title of succession to the Crown of England. Where by all men may see by what right, and in what course each of the issues of King Henry the seventh and Queen Elizabeth his wife: are to be orderly called to the Crown of that Realm. A genealogy of the Kings of England from William Duke of Normandy called William the conqueror until this present year of our Lord. 1584. Whereas some persons ambitiously coveting the Crown of England do practise sinisterly to discredit the right title of the lawful heirs, and seek to advance I know not what new titles of their own creation: Therefore to remove all scruples that hereupon may grow, this table is set forth: Wherein it may appearo at first sight, how by the Marriage of King Henry the seventh and Queen Elizabeth his wife, the undoubted title of that Crown was shut up in them two, & in their issue: How they lost but three children having issue: to wit, King Henry the Eight: Margaret their eldest daughter, wife of james the .4. King of Scot And marry wife of Charles Duke of Suffolk. And that after the decesses of K. Henry the .8. and of his issue, the right of succession of the said Crown is to remain to the issue of the said Margaret before all others. And that is to the most gracious Lady Mary now Queen of Scotland: and from and by her to the sixth King james of Scotland, her Grace's most noble son. To the wellwilling Reder. Here thou hast (wellwilling Reder) the continual Raze & process of Succession of the triumphant Crown of England: set forth before thy eyes, not so much thereby to gratify my undoubted Sovereigns, as to dissolve all doubts touching the lawful succession of that Crown: & to show some advise for the dignity, peace, and weal public of the whole isle of Britain: to the end that all matter of sedition may be extinguished. Farewell: and take in good part this my travail. JOHN LESLEY Bishop of Rosse. William Duke of Normandy subdued and slew in battle at hay stings Herold the usurpor, in the year of our lord. 1066. and obtained the kingdom to himself, whose posterity hath enjoyed the same till this day. 1. King William Conqueror. 2. King William Rufus. 3. King Henry 1. Married to. Maude daughter of Malcom. 3. K. of Scot Maude daughter of Henry .1. married to. Henry .5. Emperor first husband of Maude Geoffrey Plantagenet second Husband of maud. 5 King Henry 2. son of maud by G. Pl. 6. King Richard 1. Called cuer de lion. 7. King john. joan wife of Alexander .2. King of Scotland. Alexander 2. King of Scotland. Alexander 3. King of Scotland. 8. King Henry the third. The house of Lancastre. Edmond Earl of Lancastre. Henry Earl of Lancastre. Henry Duke of Lancastre. Blanch heir of Henry D. of Lancastre, wife of john of Gaunt. Margaret wife of Alexander .3. King of Scotland. 9 King Eddward the first. 10. King Edward the second married to. Isabel daughter of Philip le beau King of France. joan wife of David de bruise king of Scotland. David de bruise King of Scotland. 11. King Edward the third. john of Gaunt D. of janc. in right of his wife Philip wife of john 1. King of Portugal. Edward King of Portugal. The line of Poratugl. Ferdinand. Emanuel King of Portugal. Isabel the eldest daughter of Emanuel, and wife of Charles 5 Emper. Philip King of spain. D. james. D. Philip. Eleonor wife of Frederik Emperor. Maximilian .1. Emperor. Philip king of Castill in right of his wife. Catharin wife of Henry .3. King of Castil. The line of Castil. john King of Castil. Elizabeth heir of Castil wife to the King of Arragon. john Queen & heir of Castil, wife of Philip. Charles .5. Emperor and king of spain. Ferdimand Emperor, and archduke of ostrich. Maximilian Emperor Archeduke of ostrich. Marry daughter of Charles, and wife of Maximillam Emperor. Rudolphe Emperor, & archduke of ostrich. Anne wife of Philip king of spain. 13. King Henry the foworth. 14. King Henry the fift. 15. King Henry the sixth. Edward. john Earl of Somerset. joan wife of james .1. king of Scotland. james .1. King of Scotland. The line. james .2. King of Scotland. james .3. King of Scotland james .4. king of Scotland married to. john Duke of Somerset. Margaret married to Edmond earl of Richemond 19 King Henry the seventh married to. Margaret first married to King james: 4. and after to Of Scotland. james .5. King of Scotland. Marry Queen of Scotland married to. Archebald Earl of Angus second husband to Queen Margaret. Margaret wife of Matthew earl of Leneux. Henry Stuart second husband of Mary Queen of Scotland. james .6. King of Scotland. Matthew Stuart Earl of leneux. Charles Stuart married to Elizabeth Canendish. Arbella. 20. King Henry the eight. 21. king Edward the sixth. 23. Queen. Elizabeth 22. Queen mary. Edward called the black prince. 12. King Richard the second. Lionel Duke of Glarence. Philip married to Edmond mortime Earl of march. The house. Edmond of langley Duke of York. Richard Earl of Cambridge married to Anne mortime. Anne mortime married to Richard earl of cambringe. Roger mortime, and Eleonor his sister died without issue. Rogermor timer .4. earl of march Edmond mortime .5. earl of march died without isse. of York. Richard Plantagonet Duke of York. 18. King Richard the third. Edward died without issue. George Duke of Glarence. Margaret Countise of Sarisbury married to R. Pole. Reinald Pole Cardinal and Geffrey Pole. Henry Pole Baron of Montague. The house of huntingdon. Winifred wife of Barington knight. Catharin married to Francis earl of huntingdon. Henry Earl of huntingdon. George hastings & others. Arthur Pole. Marry wife of john Stannay. Margaret wife of tho fitzherbert. 16. king Edward the fourth. Elizabeth married to king Henry the seventh. The house of Suffolk. Marry daughter of K. Henry. 7 married to Charles Duke of Suffolk Francise wife of marquess dorcet. 1. jane wife of Guildford dudley. 2. Catharin. Henry son of Catharin by the Earl of hereford. Edward. 3. Mary. Eleonor married to George earl of cumberland. Margaret married to the Earl of derby. Ferdinand. William. Francis. 17. King Edward the fift. Adela wife of Stephan earl of Bloys. 4. King Stephan. A FURTHER PROOF OF THE SAID TITLE OF SUCCESSION, WITH A RESOLUTION OF the objections of the Adversaries. WE SAY THAN and affirm, that the next right Heir & Successor apparent unto the Crown of the Realm of England, is at this time such a one, as for the excellent gifts of God and nature in her most princely appearing, is worthy to inherit either that noble Realm, or any other, be it of much more dignity and worthiness. But now I claim nothing, for the worthiness of the person, which God forbidden should be any thing prejudicial to the just title of others. If most open and manifest right, justice and title do not concur with the worthiness of the person: then let the praise and worthiness remain where it is, and the right where God and the law hath placed it. But seeing God, Nature and the law doth call the person to this expectation, whose interest and claim I do now prosecute (I mean my undoubted sovereign Lady, Marry Queen of scotland) I hope, that when her right and just title shallbe thoroughly heard and considered by the indifferent Reader, if he be persuaded already for her right, he shallbe more firmly settled in his true and good opinion: and that the other parties, being of a contrary mind, shall find good causes and grounds, to remove them from the same, and to give over and yield to the truth. Her Grace's Title then, as it is most open and evident, so it is most conformable to the law of God, of Nature, and of that Realm: And consequently, in a manner, of all other Realms in the world, as growing by the nearest proximity of the Royal blood. She is a Kings and a Queen's daughter, herself a Queen, daughter (as is before declared) to the late King james of scotland son to Lady Margarete the eldest Sister to the late King Henry the eight. Whose daughter also the late Lady Lenoux was, by a later husband. But Lady Francis, late wife to Henry Marques Dorsette, afterward Duke of Suffolk: and the Lady Eleonour, late wife to the Earl of Cumberlande, and their Progeny proceed from the Lady Marie, Dowager of France, youngest Sister of the said King Henrye, late wife to Charles Brandon Duke of Suffolk as is before declared. I might here fetch forth old farne days. I might reach back to the noble & worthy Kings long before the Conquest, of whose Royal blood she is descended. Which I Intent not to treat upon at this tyme. And though perhaps it might seem not much to enforce her title: yet may it serve to prove her no stranger to England, being of so long continuance, and so many ways descended of the kings, and Royal blood of that Realm. But the Arguments and proofs, which we mean to allege and bring forth for the confirmation of her right and title in Succession (as Heir apparent) to the Crown of England, are gathered and grounded upon the laws of God and nature: and not only received in the Civil policies of other nations, but also in the old laws and Customs of the Realm of England, by reason approved, & by usage and long continuance of time observed, from the first constitution of that Realm in political order, unto this present day. And yet for all that, hath it been, and yet is, by some men attempted, artificially to object and cast many misty dark clouds before men's eyes, to keep from them (if it may be) the clear light of the said just title, the which they would extinguish, or at the least blemish with some obscure shadow of law, but in deed against the law: and with the shadow of parliaments, but in deed against the true meaning of the parliaments. And though it were enough for us (our cause being so firmly and surely established upon all good reason and law) to stand at defence: and only to avoid (as easily we may) their objections, which principally and chief are grounded upon the common laws and Statutes of that Realm: yet, for the bettering and strengthening of the same, we shall Lay forth sundry great & invincible reasons, conjoined with good and sufficient authority of the law, so approved and confirmed, that the Adversaries shall never be able justly to impugn them: And so, as we trust, after the reading of this Treatise, and the effects of the same well digested, no manner of scruple ought to remain in any indifferent man's heart, concerning her right and title. Whose expectation and conscience although we trust fully in this Discourse to satisfy, & doubt nothing of the righteousness of our cause: yet must we needs confess, the manner & form to entreat thereof to be full of difficulty & perplexity. For such causes of Princes, as they be seldom and rare, so is it more rare & strange, to find them discoursed, discussed and determined by any law or statute: albeit now & then some statutes tend that way. Inst. de just & iure ● fin. Neither do the laws of England, nor the Corpse of the Roman and Civil laws meddle so much with the direction of the right, L. princeps ● de leg. l. dignum v●x. C. eodem. and titles of kings, as with private men's causes. And yet, this notwithstanding, for the better justification of our cause, albeit it, I deny not but that by the common law it must be known, who ought to have the Crown: and that the common law must discern the right, aswell of the Crown, as of subjects: yet I say, that there is a great difference between the King's right, and the right of others: The common law of England is rather grounded upon a general custom, than upon any law written. And that the title of the Crown of that Realm of England is not subject to the rules and principles of the common law of that Realm, as to be ruled and tried after such order and course, as the inheritance of private persons is by the same. For the proof whereof let us consider, what the common law of that Realm is, and how the rules thereof be grounded and do take place. It is very manifest and plain, In Prologo suo eiusdem. li. fo. 1. & 2. De dict. Ranulpho Glanuilla. vide Giraldum Cambren. in topogra. de Wallia. that the common law of the Realm of England is no law written, but is grounded only upon a common and general custom throughout the whole Realm, as appeareth by the Treatise of the ancient & famous Writer of the laws of the Realm named Ranulphus de Glanuilla, who wrote (in the time of the noble King Henry the second) of the law and Custom of the Realm of England: being then, and also in the time of the reign of King Richard the first, the chief counsellor and justice of the same king: and also by the famous justice, Fortescue, in his book which he wrote (being Chancellor of England) De laudibus Legum Angliae. Fortescue de lau. Leg. Angl. c. 17. 8. E. 4. 19 33. H. 6. 51. Pinsons' prime. And by 33. H. 6. 51. and by E. 4. 19 Which Custom by usage and continual practice heretofore had in the kings Courts within that Realm is only known and maintained: wherein the English nation seem much agreeable to the old Lacedæmonians, who, many hundred years past, Inst. de in re natura. gent. & civil. §. ex non script. most politicly and famously governed their common Wealth with law unwritten: whereas among the Athenians the written laws bore all the sway. This thing being so true, as with any reason or good authority it can not be denied: then we are further to consider, whether the kings title to the Crown can be examined, tried and ordered by this common Custom, or no. If it may: then must it be proved by some record, that it hath been so used: otherwise the adversaries only say it, and nothing at all prove it. For nothing can be said by law to be subject to any custom, unless the same hath been used accordingly, and by force of the same custom. But I am well assured, The Adversaries have showed no rule of the common law that bindeth the Crown. that the adversaries are not able to prove the usage and practise thereof, by any record in any of the King's courts. Yea I will further say, and also prove, that they neither have showed, nor can show any one rule, general or special, of the common law of that realm, that hath been taken, by any just construction, to extend unto, or bind the King or his Crown. I will not deny, but that (to declare & set forth the prerogative and jurisdiction of the King) they may show many rules of the law: but to bind him (as I have said) they can show none. The objections of the adversaries touching Aliens borne are clearly avoided. OUR adversaries, in a book given out by them touching this succession, do alleige for a Maxim in law most manifest, that who so ever is borne out of England, and of father and mother, not being under obedience of the King of England, can not be capable to inherit any thing in England. Which rule being general, without any words of exception, they also say, must needs extend unto the Crown. What they mean by law, I know not. But if they mean (as I think they do) the common law of England: I answer, there is no such Maxim in the common law of the Realm of England as hereafter I shall manifestly prove. But if it were (for arguments sake) admitted for this time, that it be a Maxim or general rule of the common law of England: yet to say, that it is so general, as that no exception can be taken against the same rule, they show themselves either ignorant, 25. E. 3. or else very careless of their credit. For it doth plainly appear by the Statute of 25. E. 3. (being a declaration of that rule of the law, which I suppose they mean in terming it a Maxim) that this rule extendeth not unto the kings children. Whereby it most evindently appeareth, that it extendeth not generally to all. And if it extend not to bind the kings children in respect of any inheritance descended unto them from any of their Ancestors: it is an Argument á for●iori, that it doth not extend to bind the king or his Crown. And for a full & short answer to their Authorities set forth in their marginal Notes, as 5. Edward. 3. tt. Ail 1●. Edwa. 3. tt. Bref. 31. Edwa 3. tt. cozen. 42 Ed. 3 fol. 2 22 Henric. 6 fol. 42. 11. Henric. 4. 23. & 24. Litleton. ca vilenage: it may plainly appear unto all, that will read and peruse those Books, that there is none of them all, that doth so much as with a piece of a word, or by any colour or shadow seem to intend, that the title of the Crown is bound by this their supposed general rule or Maxim. For every one of the said Cases argued and noted in the said Book are only concerning the disability of an Alien borne, and not denizen, to demand any lands by the laws of the Realm by suit and action only, as a subject under the King: The adversaries case pertaineth to subjects only. and nothing touching any disability to be laid to the King himself, or to his subjects. Is there any controversy about the title of the Crown, by reason of any such disability touched in any of these Books? No verily, not one word, I dare boldly say: As it may most manifestly appear to them, that will read and peruse those books. And yet the adversaries are not ashamed, to note them as sufficient authorities for the maintenance of their evil purpose and intent. But as they would seem to understand, that their rule of disability is a general Maxim of the law: so me thinketh they should not be ignorant, that it is also as general, No Maxim of the law bindeth the Crown, unless the Crown specially be named. yea a more general rule & Maxim of the law, that no Maxim or rule of the law can extend, to bind the king or the Crown, unless the same be specially mentioned therein, as may appear by diverse principles and rules of the law, which be as general, as is their said supposed Maxim: and yet neither the king, nor the Crown is by any of them bound. As for example: it is very plain, 1. Of Tenant by the courtesy. that the rule of tenant by the Courtesy is general without any exception at all. And yet the same bindeth not the Crown, neither doth extend to give any benefit to him that shall Marie the Queen of England. As it was plainly agreed by all the lawyers of that Realm, when king Philip was married unto Queen Marie: although (for the more surety and plain declaration of the intentes of King Philip and Queen Marie, and of all the states of that Realm) it was enacted, 2. Nor that the lands shallbe divided among the daughters. that king Philip should not claim any title to be Tenant by the Courtesy. It is also a general rule, that if a man die seized of any lands in Fee simple without issue male, having diverse daughters: the land shallbe equally divided among the daughters: Which rule the learned men in the laws of that Realm agreed (in the life of the late noble Prince Edward) and also every reasonable man knoweth (by usage) to take no place in the succession of the Crown. For, there the eldest enjoyeth all, 3. Nor the wife shall have the third part. as though she were issue male. Likewise it is a general rule, that the wife after the decease of her husband, shallbe endowed & have the third part of the best possessions of her husband. And yet it is very clear, 5. E. 3. Tit. praeroga. 21. E. 3. 9 & 28. H. 6. that a Queen shall not have the third part of the lands belonging to the Crown, as appeareth in 5. E. 3. Tit. praerogat. 21. E. 3. 9 & 28. H. 6. and divers other books. besides this, the rule of Possessio fratris, 4. Nor the rule of Possessio fratris, etc. being general, neither hath been, or can be stretched to the inheritance of the Crown. For the brother of the half blood shall succeed, and not the sister of the whole blood, as may appear by justice Moil: and may be proved by King Etheldred, brother and successor to king Edward the Martyr: and by king Edward the Confessor, brother to king edmund: and by divers other, who succeeded in the Crown of England, being but of the half blood: As was also the late Queen Marie: and is at this present her sister. Who both, in all records of the law, wherein their several rights and titles to the Crown are pleaded (as by daily experience, in the Exchequer, & in all other Courts is manifest) do make their conveyance as heirs in blood the one to the other: which, if they were common or private persons, they could not be allowed in law: they (as is well known) being of the half blood one to the other: that is to wit, begotten of one father, 5. Nor that the executor shall have the goods and Chattles of the testator. 7. H. 4. fol. 42. but borne of sundry mothers. It is also a general rule in the law, that the executor shall have the goods and Chattles of the testator, & not the heir. And yet is it other wise in the case of the Crown. For there the successor shall have them, and not the executor, as appeareth in 7. H. 4. by Gascoine. It is likewise a general rule, that a man attainted of felony or treason, his heir through the corruption of blood (without pardon and restitution of blood) is unable to take any lands by discente. 6. Which rule (although it be general) yet it extendeth not to the descent or succession of the Crown: Nor that a traitor is unable to take lands by discente, and without pardon. although the same Attainder were by act of parliament: as may appear by the Attainder of Ricarde Duke of York, and king Edward his son, and also of king Henry the seventh: who were attainted by act of Parliament, and never restored: and yet no disability thereby unto any of them, to receive the Crown by lawful succession. But to this the adversaries would seem to answer in their said book, saying, that Henry the seventh, not with standing his attainder, came to the Crown, as cast upon him by the order of the law: for so much as when the Crown was cast upon him, that disability ceased. Wherein they confess directly, that the Attainder is no disability at all to the succession of the Crown. For although no disability can be alleged in him, that hath the Crown in possession: yet if there were any disability in him before to receive and take the same by lawful succession: then must they say, that he was not lawful King, but an usurpet. And therefore in confessing Henry the seventh to be a lawful king, and that the Crown was lawfully cast upon him, they confess directly thereby, that before he was king in possession, there was no disability in him to take the Crown by lawful succession, his said Attainder not withstanding, which is as much as I would wish them to grant. But in conclusion, understanding themselves that this their reason can not maintain their intent: An answer to the adversary making a difference between attainder & the birth out of the allegiance. they go about an other way to help themselves, making a difference in the law between the case of Attainder, & the case of foreign birth out of the kings allegiance: saying, that in the case of the Attainder necessity doth enforce the succession of the Crown upon the party attainted. For otherwise, they say, the Crown shall not descend to any. But upon the birth out of the kings allegiance they say, it is otherwise. And for proof thereof they put a case of I. S. being seized of lands, and having issue A. and B. A. is attainted in the life of I. S. his father: and after I. S. dieth, A. living unrestored. Now the land shall not descend either to A. or B. but shall go to the Lord of the Fee by way of escheat. Otherwise it had been (they say) if A. had been borne beyond the sea, I. S. breaking his allegiance to the king, and after I. S. cometh again into the Realm, and hath issue B. and dieth: for now (they say) B. shall inherit his father's Lands. If the Crown had been holden of any person, to whom it might have escheated, as in their case of I. S. the land did: then peradventure there had been some affinity between their said case, and the case of the Crown. But there is no such matter. besides that they must consider, that the king cometh to the Crown, not only by descent, but also & chief by succession, as unto a corporation. And therefore they might easily have seen a difference in their cases between the kings Majesty, and I. S. a subject: And also between lands holden of a Lord above, & the Crown holden of no earthly Lord, but of God almighty only. But yet for arguments sake I would feign know, where they find their difference, and what authority they can show for the proof thereof? They have made no marginal note of any authority: & therefore unless they also say, that they are Pythagoras, I will not believe their difference. Well, I am assured, that I can show good outhoritie to the contrary, and that there is no difference in their cases. If they peruse. 22. H. 6: 22. H. 6. fol. 43. there may they see the opinion of justice Newton, that there is no difference in their cases: but that in both their cases the land shall escheat unto the Lord. And Prisote, being then of Counsel with the party that claimed lands by a descent, where the eldest son was borne beyond the seas, durst not abide in law upon the title. This authority is against their difference, & this authority I am well asseured is better, than any that they have showed to prove their difference. But if we shall admit their difference to be according to the law: yet their cases, where unto they apply their difference, are nothing like, as I have said before. Now then, to proceed on in the proof of our purpose, as it doth appear, that neither the King, nor his Crown is bound by these general rules, which before I have showed: so do I likewise say of all the residue of the general rules & Maxims of the law, being in a manner infinite. The supposed Maxim of the adversaries toucheth not Kings borne beyond the sea, as appeareth by King Stephen and King H. 2. But to return again unto their only supposed Maxim, which they make so general, concerning the disability of persons borne beyond the seas: it is very plain, that it was never taken, to extend unto the Crown of the Realm of England, as it may appear by king Stephen, and by king Henry the second, who were both strangers and frenchmen, borne out of the kings allegiance, and neither were they kings children immediate, nor their parents of the allegiance: and yet they have been always accounted lawful kings of England: nor their title was by any man at any time defaced or controlled for any such consideration or exception of foreign birth. The adversaris objection touching King H. 2. avoided. And it is a world to see, how the adversaries would shift their hands from the said king Henry the second. They say, he came not to the Crown by order of the law, but by capitulation, for asmuch as his mother, by whom he conveyed his Title, was then living. Well, admit that he came to the Crown by capitulation, during his mother's life: yet this doth not prove, that he was disabled to receive the Crown, but rather proveth his ability. And although I did also admit, that he had not the Crown by order of the law during his mother's life: yet after his mother's death, no man hath hitherto doubted, but that he was king by lawful succession, and not against the laws and Customs of that Realm. For so might they put a doubt in all the Kings of that Realm, that ever governed sithence. Which thing we suppose they are over wise to go about. besides this, I have hard some of the adversaries for further help of their intention in this matter say, that king Henry the second was a Queen's child, & so king by the rule of the common law. Truly I know, he was an Empress child, but no Queen of England's child. For although Maude the Empress, his mother, had a right and a good title to the Crown, and to be Queen of England, yet was she never in possession, but kept from the possession, by king Stephen. And therefore king Henry the second can not justly be said, to be a Queen of England's child, nor yet any kings child, unless ye would intend the kings children, by the words of Infants de Roy etc., to be children of further degree, & descended from the right line of the king: for so ye might say truly, that he was the child of king Henry the first, being in deed the son and heir of Maude the Empress, As touching Arthur King Richard's nephew. autem pax ista, & summa dilectio, tam multiplici, quam arctiori vinculo connectatur: praedictis curiae vestrae magnatius id ex part vestra tractantibus Domino disponente condiximus, inter Arthurum egregium Ducem Britanniae nepotem nostrum & haereden si forte sine prole obire nos contigerit, & filiam vestram matrimonium coatrahendum etc. In trastatu pacis inter Richa. 1. & Tancredun Regem Siciliae. Vide Reg. Hoveden. & Richardum Canonicum S. Trinitatis Londiu. daughter and heir of king Henry the first▪ Whereby the said rule of the adversaries is here foully foiled. And therefore they would (for the maintenance of their pretenced Maxim) catch some hold upon Arthur the son of jeffrey, one of the sons of the said Henry the second. They say then, like good and jolly antiquaries, that he was rejected from the Crown, because he was borne out of the Realm. That he was borne out of the Realm, it is very true: but that he was rejected from the Crown for that cause, it is very false. Neither have they any authority to prove their vain opinion in this point. For it is to be proved by the Chronicles of that Realm, that king Richard the first, uncle unto the said Arthur, taking his journey toward Jerusalem, declared the said Arthur (as we have declared before) to be heir apparent unto the Crown: which would not have been if he had been taken to be unable to receive the Crown by reason of foreign birth. And although king john did usurp, aswell upon the said king Richard the first, his eldest brother, as also upon the said Arthur his nephew: yet that is no proof, that he was rejected, because he was borne out of the Realm. If these men could prove that, than had they showed some reason and precedent to prove their intent, whereas hitherto they have showed none at all, nor, I am well assured, shall ever be able to show. Thus may ye see, gentle Reader, that neither this pretenced Maxim of the law set forth by the Adversaries, nor a great number more, as general as this is (which before I have showed) can by any reasonable means be stretched, to bind the Crown of England. These reasons and authorities may for this time suffice, to prove, that the Crown of that Realm is not subject to the rules and the Principles of the common law, neither can be ruled and tried by the same. Which thing being true, all the objections of the Adversaries made against the title of Marie the Queen of Scotland to the succession of the Crown of that Realm, are fully answered, and thereby clearly wiped away. Yet for further arguments sake, and to the end we might have all matters sifted to the uttermost, and thereby all things made plain: let us, for this time, somewhat yield unto the Adversaries, admitting; that the Title of the Crown of that Realm were to be examined and tried by the rules and principles of the common law: and then let us consider and examine further, whether there be any rule of the common law, or else any statute, that by good & just construction can seem to impugn the said title of Marie the Queen of Scotland, or no. For touching her lineal descente from king Henry the seventh, and by his eldest daughter (as we have showed) there is no man so impudent to deny. What is there then to be objected among all the rules, Maxims, and judgments of the common law of that Realm? Only one rule, as a general Maxim, is objected against her. And yet the same rule is so untruly set forth, that I can not well agree, that it is any rule or Maxim of the common law of the Realm of England. Their pretenced Maxim is, whosoever is borne out of the realm of England, and of father and mother, not being under the obedience of the king of England, A false Maxim set forth by the adversaries. 7. E. 4. fol. 28. 9 E. 4 fol. 5. 11. H. 4. fol. 25. 14. H. 4. fol. 10. cannot be capable to inherit any thing in England. Which rule is nothing true, but altogether false. For every stranger and Alien is able to purchase the inheritance of lands within that Realm, as it may appear in 7. & 9 of king Edward the fourth, and also in 11. & 14. of king Henry the fourth. And although the same purchase is of some men accounted to be to the use of the king: yet until such time as the king be entitled there unto by matter of Record, the inheritance remaineth in the Alien by the opinion of all men. And so is a very Alien capable of inheritance within that Realm. And then it must needs fall out very plainly, that this general Maxim, where upon the adversaries have talked and bragged so much, is now become no rule of the common law of that Realm. And if it be so: then have they uttered very many words to small purpose. But yet let us see further, whether there be any rule or Maxim in the common law, that may seem any thing like to that rule, whereupon any matter may be gathered against the title of the said Marie Queen of Scotland. There is one rule of the common law, in words some what like unto that, which hath been alleged by the adversaries. Which rule is set forth and declared by a statute made anno 25. of king Edward the third. Which statute reciting the doubt that then was, whether infants borne out of the allegiance of England, should be able to demand any heritage within the same allegiance, or no: it was by the same statute ordained, that all infant's inheritors, which after that time should be borne out of the allegiance of the king, whose father and mother at the time of their birth, were of the faith and allegiance of the king of England, should enjoy the same benefits and advantages, to have and hold heritage within the said allegiance, as other heirs should. Whereupon it is to be gathered by dew & just construction of the same statute, and hath been heretofore commonly taken, that the common law always was, & yet is, that no person born out of the allegiance of the king of England, whose father and mother were not of the same allegiance, should be able to have or demand any heritage within the same algeance, as heir to any person. Which rule I take to be the same supposed Maxim, that the adversaries do mean. But to stretch it generally to all inheritances (as the adversaries would seem to do) by any reasonable means can not be. The statute of Edw. 3. An. 25. touchetb inheritance, not purchase. 11. H. 4. fol. 25. For (as I have said before) every stranger and Alien borne, may have and take inheritance, as a purchaser. And if an Alien do Marie a woman inheritable, the inheritance thereby is both in the Alien, & also in his wife, & the Alien thereby a purchaser. No man doubteth, but that a denizen may purchase lands to his own use: but to inherit lands, as heir to any person within the allegiance of England, he can not by any means. So that it seemeth very plain, that the said rule bindeth also Denyzons, & doth only extend to Descents of inheritance, and not to the having of any land by purchse. Now will we then consider, whether this rule by any reasonable construction can extend unto the Lady Marie the Queen of Scotland, for and concerning her title to the Crown of England. It hath been said by the Adversaries that she was borne in Scotland, which realm is out of the allegiance of England, her father and mother not being of the same allegiance: & therefore by the said rule, she is not inheritable to the Crown of England. Though. I might at the beginning very well and orderly deny the consequent of this argument: yet I will first examine the Antecedent, even by the common opinion and sentence of English men: then will I consider upon the consequent. And this I intent, of purpose only to discover the improvidence of the adversaries, which in a matter, where they covet most to look unto themselves, there they least of all provide for the warrantise of their cause by their own pretenced laws of the Realm of England. But I mind not hereupon so to over rule the matter, as any prejudice may thereby be created against the Kings of Scotland: who have always kept, and still do keep and enjoy, with a plain profession & most just claim in their own right, over their subjects a supreme authority, & power, not depending by any law right or custom upon any other Prince or potentate in the world. Well then (to come to the Antecedent) so it is, that the Queen of Scotland was borne in Scotland, it must needs be granted: but that Scotland is out of the allegiance of England, though the said Queen, and all her subjects do justly affirm the same, yet there is a very great number of men in England, both learned and others, which are not of that opinion, but earnestly avouch the contrary, being led & persuaded thereunto (as they say) by diverse Histories, Registers, Records, and Instruments, remaining in the Treasury of that Realm: wherein is mentioned (as they also say) that the Kings of Scotland have acknouleged the King of England to be the superior Lord over the Realm of Scotland, & have done homage and fealty for the same. Which being true, though all Scotsmen deny it, as justly they may: for the homage & fealty which those men speak of was not exhibited nor done in any such respect as they surmise, but in consideration of the tenors of certain Segnories, Lands, tenements, & hereditaments lying in Northumberland, Cumberland, & other Shires of England, which now the Kings of Scotland want, and then did enjoy & hold of the King of England: As commonly it is seen in sundry parts of christendom Kings and Princes having distinct and absolute regiments, not depending of any other potentate, to hold nevertheless one of an other diverse lands towns and countries lying within the marches of the one or the others dominions. But admit it to be true which these men do so avouch: then scotland must needs be accounted within the allegiance of England, even by their own laws of the same Realm, and by the common opinion of their own nation. And although sins the time of King Henry the sixth, none of the Kings of scotland have done the said service unto the Kings of England: yet that is no reason in the law of England to say, that therefore the Realm of Scotland at the time of the birth of the said Lady Marie Queen of scotland, being in the thirty and fourth year of the reign of the late King Henry the eight, was out of the allegiance of the Kings of England. For the law of that Realm is very plain, that though the Tenant do not his service unto the Lord, yet hath not the Lord thereby lost his signory. The Lord loseth not his signory, though the tenant doth not his service. For the land still remaineth within his Fee & signory, that notwithstanding. But peradventure some will object and say, that by this reason, France should likewise be said to be within the allegiance of England: forasmuch as the possession of the Crown of France hath been within a little more than the space of one hundred years now last passed, lawfully vested in the Kings of England, whose right and title still remaineth. To that objection it may be answered, that there is a great difference between the right & title, which the kings of England claim to the Realm of France, & the right & title which they claim to the Realm of Scotland. For although it be true, that the kings of England have been lawfully possessed of the Crown of France: yet during such time, as they by usurpation of others, are dispossessed of the said Realm of France: the same Realm by no means can be said to be within their allegiance: especially considering, how that sins the time of usurpation, the people of France have wholly forsaken their allegiance and subjection, which they did owe unto the kings of England, & have given & submitted themselves under the obedience & allegiance of the french. But as for the Realm of scotland, it is otherwise. For the Title, which the Kings of England (by the opinion of these men) may claim to the Realm of Scotland, is not in the possession of the land and Crown of scotland: but only in the service of homage and fealty for the same: And though the Kings of Scotland, many years, have intermitted to do the said homage & fealty unto the Kings of England: yet for all that the Kings of Scotland can not by any reason or law be called usurpers, and unjust possessors. And thus all indifferent men, not led by affections may well see, by the records & testimonies of England, that the Realm of scotland, is within the allegiance of England. And so is the Antecedent or first proposition false. And yet that maketh no proof, that the Realm of France likewise should now be said to be within the allegiance of the Kings of England, by reason of the manifest and apparent difference before showed. But what if the antecedent were true? (as the adversaries say it is, and all Scotsmen constantly affirm it to be.) Yet it is very plain, that the said consequent and conclusion can not by any means be true: The causes why the Crown cannot be comprised within the pretended Maxim. and that principally, for three causes: whereof one is, for that neither the King, nor the Crown (not being specially mentioned in the said rule or pretended Maxim) can be intended to be within the meaning of the same Maxim, as we have before sufficiently proved by a great number of other such like general rules and Maxims of the laws. another cause is, for that the Crown can not be taken to be within the words of the said supposed Maxim: and that for two respects: one is, because the rule doth only dishable Aliens to demand any heritage within the allegiance of England. Which rule can not be stretched to the demand of the Crown of England, which is not with in the allegiance of England: but is the very allegiance itself. As for a like example: it is true, that all the lands within the kings dominion are holden of the King, either mediately, or immediately: and yet it is not true, that the Crown (by which only the King hath his Dominion) can be said to be holden of the King. Without the Crown there can neither be King nor allegiance. For without the Crown there can be neither King, nor allegiance. And so long as the Crown resteth only in demand, not being vested in any person, there is no allegiance at all. So that the Crown can not be said by any means to be within the allegiance of England: and therefore not within the words of the said rule or Maxim. The title of the Crown is also out of the words and meaning of the same rule in an other respect: and that is, because that rule doth only dishable an Alien to demand lands by descent as heir. For it doth not extend unto lands purchased by an Alien, as we have before sufficiently proved. And then can not that rule extend unto the Crown being a thing incorporate: the right whereof doth not descend according to the common course of private inheritance, but goeth by succession, 40. E. 3. fol. 10. 13. E. 3. Ti●. Bref. 264. 16. E. 3. iurans de. sait. 166. 17. E. 3. Tit. s●i●e sac 7. A Deane, a Person. a Prior being an Alien may demand land in the right of his corporation. An 3. R. 2. 6. C. 3. fo. 21. tit. droit. 26. lib. Ass. p. 34. 1●. li. Ass. tit. enfant. 13. H. 8. fo. 14. 7. E. 4. fol. 10. 16. E. 3. iurans. de ●ait. 9 H. 6. fol. 33. 35. H. 6. fol. 35. 5. E. 4 fol. 70. 49. li. Ass. A. 88 22. H. 6. fol. 31. 13. H. 8. fol. 14. as other corporations do. No man doubteth, but that a Prior Alien being no denizen, might always in time of peace demand land in the right of his corporation. And so likewise a Dean or a Person being Aliens, & no denizens, might demand land, in respect of their corporations, not withstanding the said supposed rule or Maxim, as may appear by diverse book cases, as also by the statute made in the time of king Richard the second. And although the Crown hath always gone according to the common course of a Descent: yeth doth it not properly descend, but succeed. And that is the reason of the law, that, although the King be more favoured in all his doings, than any common person shallbe: yet can not the King by law avoid his grants & Letters patents by reason of his Nonage, as other infants may do, but shall always be said to be of full age in respect of his Crown: even as a Person, Vicar or Deane, or any other person incorporate shallbe. Which can not by any means be said in law, to be within age in respect of their corporations, although the corporation be but one year old. besides that, the King can not by the law avoid the Letters Patentes made by any usurper of the Crown (unless it be by act of Parliament) no more than other persons incorporate shall avoid the grants made by one that was before wrongfully in their places and rooms: whereas in Descents of inheritance the law is otherwise. For there the heir may avoid all estates made by the disseasour, or abatour, or any other person, whose estate is by law defeated. Whereby it doth plainly appear, that the King is incorporate unto the Crown, The King is always at full age in respect of his Crown. & hath the same properly by succession and not by Descent only. And that is likewise an other reason, to prove, that the King and the Crown can neither be said to be within the words, nor yet with in the meaning of the said general rule or Maxim. The third and most principal cause of all is, for that in the said statute, whereupon the said supposed rule or Maxim is gathered, The King's children are expressly excepted from the surmised Maxim. the children descendantes and descended of the blood royal by the words of Infants de Roy are expressly excepted out of the said supposed rule or Maxim. Which words the adversaries do much abuse, in restraining and construing them, to extend but to the first degree only: whereas the same words may very well bear a more large & ample interpretation: And that for three causes & considerations. Libe rorum ff. de verborum signific. First by the Civil law this word Liberi (which the word Infants, being the usual and original word of the statute written in the French tongue, countervaileth) doth comprehend by proper and peculiar signification not only the children of the first degree, L. Sed & si de in ius Baeotian doinstit. de haere. ab enticed. but other descendants also in the law. As for example, where the law sayeth: That he who is manumissed or made free, shall not commence any Action against the children of the Patron or manumissour without licence: L. Lucius ff. de haere. instit. L. justa. & L. Natorun. & L. Liberorun de verb. signi. L. 2. § si matter all S.C. Tertul. there not only the first degree, but the other also are contained. The like is, where the law of the twelve Tables saith: The first place and room of succession, after the death of the parents that die intestate, is due to the children: there the succession appertaineth as well to degrees removed, as to the first. Yea in all causes favourable (as ours is) this word Filius, (a son) containeth the word nepos (A nephew, that is to say, a sons son or daughter's son:) though not by the property of the voice or speech, L. Filius de S.C. Maced. L. Senatus de ritu nupt. L. quod si nepotes. ff. test. cum notatis ibid. Infants in French countervaileth this word liberi in lat. yet by interpretation admittable in all such things, as the law disposeth of. And as touching this word Infants, in French we say, that it reacheth to other descendantes, as well as to the first degree. Wherein I do refer me to such as be expert in the said tongue. There is no word in English (for the barrenness of that tongue) to counterpaise the said French word Infants, or the Latin word Liberi. Therefore do they supply it, as well as they may, by this word (Children.) The Spaniards also use this word (Infants) in this ample sense, when they call the next heir to the heir apparent, Infant of Spain: even as the late deceased Lord Charles of Ostrich was called, his father & grandfather then living. If then then the original word of the statute, declaring the said rule, may naturally & properly appertain to all the Descendants: why should we strain and bind it to the first degree only, otherwise than the nature of the word or reason will bear? For I suppose verily, The grand fathers call their nephews, sons. L. Gallus. § Instituens. ff. de liber. Et post. I. ff. C. de impub. Aliis substan. c. 1. q. 4. Father and son counted in person, & flesh in manner one that it willbe very hard for the Adversary, to give any good & substantial reason, why to make a diversity in the cases. But touching the contrary, there are good and probable considerations, which shall serve us for the second cause. As, for that the grandfathers call their nephews, as by a more pleasant & plausible name, not only their children, but their sons also: & for that the son being deceased (the grandfather surviving) not only the grandfathers affection, but also such right, title and interest, as the son hath by the law, and by proximity of blood, grow and draw all to the nephew, who representeth and supplieth the father's place, the father and the son being counted in person and in flesh in manet but as one. Why shall then the bare and naked consideration of the external and accidental place of the birth only sever and sunder such an entire, inward and natural conjunction? Add there unto, the many & great absurdities, that may hereof spring and ensue. diverse of the kings of the Realm of England, as well before the time of King Edward the third (in whose time this statute was made) as after him, gave their daughters out to foreign, and sometimes to mean Princes in marriage. Great absurdity, in excluding the true & right successor, for the place of his birth only. Which they would never so often times have done, if they had thought, that while they went about to set fotth and advance their issue: their doings should have tended to the disheriting of them from so great, large and noble a Realm, as that is: which might have chanced, if the daughter having a son or daughter, had died, her father living. For there should this supposed Maxim have been a bar to the children, to succeed their grandfather. This absurdity would have been more notable, if it had chanced about the time of King Henry the second, or this King Edward, or King Henry the first and sixth, when the possessions of the Crown of that Realm were so amply enlargid in other Countries beyond the seas. And yet never so notable, as it might have been hereafter in our fresh memory and remembrance, if any such thing had chanced (as by possibility it might have chanced) by the late marriage of King Philippe and Queen Marie. For, admitting their daughter married to a foreign Prince, should have died before them, she leaving a son surviving his father and grandmother, they having none other issue so nigh in degree: then would this late framed Maxim have excluded the same son lamentably and unnaturally from the succession of the Crown of England: and also the same Crown from the inheritance of the Realms of Spain, of both Sicily's, with their appurtenances, of the Dukedom of Milan, and other lands and Dominions in Lombary and Italy: as also from the Dukedoms of Brabant, Luxemburg, Geldres, Zutphan, Burgundy, Friesland: from the countries of Flanders, Artois, Holland, Zealand & Namurs, and from the new found lands, parcel of the said kingdom of Spain. Which are (unless I be deceived) more ample by double or triple, than all the countries now rehearsed. All the which countries by the foresaid Marriage should have been by all right devolved to the said son, if any such child had been borne. If either the same by the force of this jolly new found Maxim had been excluded from the Crown of England, or the said Crown from the inheritance of the foresaid countries: were there any reason to be yielded, for the maintenance of this supposed rule or Maxim in that case? Or might there possibly rise any commodity to the Realm, by observing there in this rigorous pretenced rule, that should by one hundred part countervail this importable loss and spoil of the Crown, and of the lawful inheritor of the same? But perchance for the avoiding of this exception limited unto the blood royal, some will say, An evasion avoided, pretending the privilege of the King's children not to be in respect of the Crown, but of other lands. that the same was but a privilege granted to the kings children, not in respect of the succession of the Crown, but of other lands descending to them from their Ancestors. Which although we might very well admit & allow: yet can it not be denied, but that the same privilege was granted unto the kings children and other descendantes of the Blood royal, by reason of the dignity and worthiness of the Crown, which the King their father did enjoy, and the great reverence, which the law giveth of duty thereunto. And therefore if the adversaries would go about, to restrain & withdraw from the Crown that privilege, which the law giveth to the king's children for the Crowns sake: they should do therein contrary to all reason, & against the rules of the Art of Reasoning, which saith, that: Propter quod unumquodque & illud magis. Beside that, I would feign know, by what reason might a man say, that they of the kings Blood born out of the allegiance of England, may inherit lands within that Realm, as heirs unto their Ancestors, and yet not to be able to inherit the Crown. Truly in mine opinion it were against all reason. But on the contrary side, the very force of reason must drive us to grant the like, The royal blood beareth his honour with it, whereso ever it be. Yea more great and ample privilege and benefit of the law in the succession of the Crown. For the Royal blood, where so ever it be found, will be taken as a precious and singular jewel, and will carry with it his worthy estimation & honour with the people, and, where it is dew, his right withal. Vide Anto. Corsetum de potest. et excel. regi. q. 100 By the Civil law the right of the inheritance of private persons is hemmed and inched within the bands of the tenth degree. The Blood Royal runneth a farther race, & so far as it may be found: therefore the great & mighty Conquerors are glad & feign to join in affinity with the blood Royal: Oonquerors glad to join with the royal blood. Henry the first. ever fearing the weakness of their own bloody sword, in respect of the great force and strength of the other. For this cause was Henry the first, (called for his learning & wisdom Beauclerke.) glad to consociate and couple himself with the ancient Royal blood of the Saxons, which continueing in the Princely succession from worthy king Alured, was cut of by the death of the good king Edward: and by the marrying of Mathildis, being in the fourth degree in lineal descent to the said king Edward, was revived and reunited. From this Edward my said sovereign lady the Queen of Scotland taketh her noble ancient Pedegrue. These then, and divers other reasons & causes more, may be alleged for the weighing & setting forth of the true meaning and intent of the said law. Now, in case these two causes and considerations will not satisfy the adversaries: we will adjoin there unto an other which they shall never by any good and honest shift avoid. And that is the use and practise of the Realm as well in the time foregoing the said statute, as afterward. We stand upon the interpretation of the common law recited and declared by the said statute, L. fin. ff. de legibus. & how shall we better understand, what the law is therein, then by the use and practise of the said law? For the best interpretation of the law, is custom. Common use and practise the best interpretation of the law. Eodem anno Rex cum in diebus suis processisset Aeldredun Vigornensē Episcopum ad Regem Hungariae transmittens, revocavit inde filium fratris sui Edmundi Eduardum cum tota familia sua ut vel ipse. ver filii eius sibi succederent in regnum. Flor. histo. 1057. But the Realm before the statute, admitted to the Crown not only king's children and others of the first degree, but also of a farther degree, and such as were plainly borne out of the kings allegiance. The foresaid use and practice appeareth as well before, as sithence the time of the Conquest. Among other, king Eduard the Confessor, being destitute of a lawful Heir within the Realm, sent into Hungary for Edward his Nephew surnamed Out law, son to king Edmund called Ironside, after many years of his exile, to return into England, to the intent the said Outlaw should inherit that Realm which nevertheless came not to effect, by reason the said outlaw died before the said king Edward, his uncle. After whose death the said king appointed Eadgar Adeling son of the said Outlaw, (being his next cozen) to be his heir, (as he was of right) to the Crown of England. And for that the said Eadgar was but of young and tender years, and not able to take upon him so great a government: the said king committed the protection, as well of the young Prince, as also of the Realm, to Harold, Earl of Kent, until such time, as the said Eadgar had obtained perfect age to be able to weld the state of a king. Flor. bislo. 1066. Aelredus Regional lenf. de reg. Anglorum ad Regem Henr. ●. Which Harold nevertheless contrary to the trust, supplanted the said young Prince of the kingdom▪ and put the Crown upon his own head. By this it is apparent, that foreign birth was not accounted, before the time of the Conquest, to be a just cause to repel and reject any man, being of the next proximity in blood from the Title of the Crown. And though the said king Edward the Confessors will and purpose took no such force and effect, King Stephen. and King. H. 2. as he desired, and the law craved: yet the like succession took place effectuously in king Stephen and king Henry the second, as we have already declared. Neither will the adversaries shift of foreigners borne of father and mother, which be not of the king's allegiance, The adversaries fond imagination, that H. 2. should come to the Crown by composition: not by proximity of blood. Rex Stephanus omni haerede viduatus, praeter solum modo Ducem Henricum, recognovit in conuentu Episcoporum & aliorum de regno Optimatum quod Dux Henr. ius haereditarium in regnum Angliae habebat. Et Dux benign concessit, ut Rex Stephanus tota vita sua suum Regnum pacifice possideret. Ita tamen confirmatum est pactum, quod ipse Rex, & ipsi tunc praesentes cum caeteris regni optimatibus iurarent, quod Dux Henr. post mortem Regis (si illum super●iueret) regnum sine aliqua cōntradictione obtineret. Flor. histo. An. 1153 The like fond imagination touching King Richard's nephew. Diversity of opinions touching the uncle & nephew whetherof them aught to be preferred in the royal government. help them: forasmuch as this clause of the said statute is not to be applied to the king's children, but to others, as appeareth in the same statute. And these two kings, Stephen and Henry the .2. as they were borne in a foreign place: so their fathers and mothers were not of the king's allegiance, but mere Aliens and strangers. And how notorious a vain thing it is, that the Adversaries would persuade us, that the said King Henry the second rather came in by force of a composition, then by the proximity and nearness of blood: I leave it to every man to consider, that hath any manner of feeling in the discourse of the stories of that realm. The composition did procure him quietness 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 deed: but there grew to him nomore right thereby, than was due to him before. For he was the true heir to the Crown, as appeareth by Stephen his adversaries own confession. Henry the first married his daughter Mathildis to Henry the Emperor, by whom he had no children. And no doubt in case she had had any children by the Emperor, they should have been heirs by succession to the Crown of England. After whose death she returned to her father: yet did king Henry cause all the Nobility by an express oath, to embrace her after his death as Queen, and afrer her, her children. Not long after, she was married to jeffrey Plantagenet a Frenchman borne, Earl of anjou, who begat of her this Henry the second, being in France. Whereupon the said king did revive and renew the like oath of allegiance, aswell to her, as to her son after her. With the like false persuasion the adversaries abuse themselves, and their Readers, touching Arthur Duke of Brittany, Nephew to king Richard the first. As though forsooth he were justly excluded by king john his uncle, because he was a foreigner borne. If they had said, that he was excluded, by reason the uncle ought to be preferred before the Nephew, though it should have been a false allegation, and plain against the rules of the laws of that Realm: (as may well appear, among other things by king Richard the second who succeeded his grand father king Edward the third, which Richard had diverse worthy and noble uncles, who neither for lack of knowledge, could be ignorant of the right, neither for lack of friends, courage and power, be enforced to forbear to challenge their title & interest) then should they have had some countenance of reason & probability, because many arguments & the authority of many learned and notable civilians do concur for the uncles right, before the Nephew. But to make the place of the nativity of an inheritor to a kingdom, a sufficient bar against the right of his blood, it seemeth to have but a weak and slender hold and ground. And in our case it is a most unsure and false ground, seeing it is most true, that King Richard the first (as we have said) declared the said Arthur (borne in Brittany, and not son of a King, but his brother Geoffrey's son, Duke of Brittany) to be heir apparent, his uncle john yet living. And for such a one is he taken in all our stories. And for such a one did all the world take him, after the said King Richard his death: neither was King john taken for other, than for an usurper by excluding him: and afterward for a murderer, for imprisoning him, and privily making him away. The possessions of the Crown of England that were beyond the seas, seized into the French kings hands for the murder of Arthur For the which fact the French king seized upon all the goodly Countries in France belonging to the king of England, as forfeited to him being the chief Lord. By this outrageous deed of king john the kings of England lost Normandy withal, and their possibility to the inheritance of all Brittany: for the right and Title to the said Brittany was dew to the said Arthur and his heirs by the right of his mother Constance. And though the said king john, by the practice & ambition of Queen Eleonour his mother, and by the special procurement of Hubert then archbishop of Caunterburie, & of some other factious persons in England, prevented the said Arthur his nephew (as it was easy for him to do) having gotten into his hands all his brother Richard's treasures, besides many other rents then in England: and the said Arthour being an infant, & remaining beyond the sea in the custody of the said Constance: yet of this fact, being against all justice, aswell the said archbishop, as also many of the other, did after most earnestly repent, considering the cruel and the unjust putting to death of the said Arthur procured and (after some Authors) committed by the said john himself. Polid 15. Flor histo. An. 1208 Which most foul and shameful act the said john needed not to have committed, if by foreign birth the said Arthur had been barred to inherit the Crown of England. And much less to have imprisoned that most innocent Lady Eleonour, sister to the said Arthur, in Bristol Castle where she miserably ended her life: if that gay Maxim would have served, to have excluded these two children, because they were strangers borne in the parts beyond the seas. Yea, it appeareth in other doings also of the said time, and by the story of the said john, that the birth out of the allegiance of England, by father & mother foreign, was not taken for a sufficient repulse and rejection to the right and title of the Crown. For the Barons of England, being then at dissension with the said king john, and renouncing their allegiance to him, received Lewis the eldest son of Philip the French king, to be their king, in the right of Blanch his wife, which was a stranger borne, all be it the lawful Niece of the said Richard, & daughter to Alphonse king of Castil, begotten on the body of Eleonour his wife, Lewis the French Kings son claimed the Crown of that Realm in the title of his wyf. Pro hereditate uxoris meae, scilicet neptis Regis joanusque ad mortem si necessitas exigere, decertabo. Flor histo. Anno. 1216. Haroldus muneribus & genere fretus, regni diadema invasiit. H. hunt. hist. Angli. lib. 6. Cui regnum iure hereditario debebatur Ealredus Rhival in histo. R. Angliae ad H. 2. Cui de iure debebatur regnum anglorum Io. Lond. in Chro. Angliae. Eadem verba sunt in Math. Westmon. in flor. hist. a. 1066. What calamities fell to the Realm by the usurping of King harold, King Stephen, and john. Rex Edwardus misit etc. ut vel ipse Eduardus filius ieus sibi succederent etc. Rich. Cicest. vid. Wil Malmest. de reg. Angl. E. 2 c. 4●. lib. 3. c. 5. one of the daughters of king Henry the second, and sister to the said king Richard and king john. Which story I allege only to this purpose, thereby to gather the opinion of the time, that so rain birth was then thought no bar in the Title of the Crown. For ortherwise, how could Lewis of France pretend title to the Crown in the right of the said Blanch his wife borne in Spain? These examples are sufficient, I suppose, to satisfy and content any man (that is not obstinately wedded to his own fond fantasies, and froward frivolous imaginations, or otherwise worse depraved) for a good sure and substantial interpretation of the common law. And it were not altogether from the purpose, here to consider and weigh, with what & how grievous plagues that Realm hath been oft afflicted and scourged, by reason of wrongful & usurped titles. I will not revive by odious rehearsal the greatness and number of the same plagues, as well otherwise, as especially by the contention of the noble houses and families of York and Lancaster: seeing it is so fortunately, and almost within man's remembrance extinct and buried. I will now put the gentle Reader in remembrance of those only, with whose usurping Titles we are now presently in hand. And to begin with the most ancient: what became, I pray you, of Harold, that by bribery and help of his kindred, usurped the Crown against the foresaid young Eadgar, who (as I have said, and as the old monuments of Historiographers do plainly testify) was the true & lawful Heir? Can he, think you, enjoy his ambitious and naughty usurping on whole entire year? No surely: ere the first year of his usurped reign turned about, he was spoiled and turned out of both Crown, and his life withal. Yea his usurpation occasioned the conquest of the whole realm by William Duke of Normandy, bastard son to Robert the sixth Duke of the same. And may you think all safe & sound now from like danger, if you should tread the said wrong steps with Harolde, forsaking the right and high way of law and justice? What shall I now speak of the cruel civil wars between king Stephen and king Henry the second, which wars rose, by reason that the said Henry was unjustly kept from the Crown, dew to his mother Maude, and to him afterwards? The pitiful reign of the said john who doth not lament with the lamentable loss of Normandy, Aquitaine, & the possibility of the Dukedom of Brittany, and with the loss of other goodly possessions in France, whereof the Crown of England was rob and spoiled by the unlawful usurping of him against his nephew Arthur? Well, let us leave these grievous and loathsome remembrances, & let us yet seek, if we may find any later interpretation, either of the said statute, or rather of the common law for our purpose. And lo, the great goodness and providence of God, who hath (if the foresaid examples would not serve) provided a later: but so good, so sure, apt & meet interpretation for our cause, as any reasonable heart may desire. The interpretation directly toucheth our case: I mean by the marriage of the Lady Margaret (eldest daughter to King Henry the seven.) unto the fourth king james of Scotland: and by the opinion of the same most prudent Prince in bestowing his said daughter into Scotland: a matter sufficient enough, to overthrow all those cavilling inventions of the adversaries. For what time King james the fourth sent his Ambassador to King Henry the seventh to obtain his good will to espouse the said Lady Margaret, Polid. 26. there were of his Counsel, not ignorant of the laws and Customs of the Realm, that did not well like upon the said Marriage, saying, it might so fall out, that the right & title of the Crown might be devolved to the Lady Margaret and her children, and the Realm thereby might be subject to Scotland. To the which the prudent and wise king answered, King. H. 7. with his Counsel is a good interpreter of our present cause. that in case any such devolution should happen, it would be nothing prejudicial to England. For England, as the chief, and principal, and worthiest part of the isle, should draw Scotland to it, as it did Normandy from the time of the Conquest. Which answer was wonderfully well liked of all the Counsel. And so consequently the Marriage took effect, as appeareth by Polydore, the Historiographer of that Realm, and such a one, as wrote the Acts of that time by the instruction of the king himself. I say then, the worthy wise Solomon foreseeing that such devolution might happen, was an interpreter with his prudent and sage Counsel for our cause. For else, they needed not to reason of any such subjection to scotland, if the children of the Lady Margaret might not lawfully inherit the Crown of England. For, as to her husband England could not be subject, having himself no right by this marriage to the Title of the Crown of that Realm. Whereupon I may well infer, that the said new Maxim of these men (whereby they would rule, and over rule the succession of Princes) was not known to the said wise king, neither to any of his Counsel: Or if it were, yet was it taken not to reach to his blood royal borne in scotland. And so on every side the Title of my Sovereign Lady Queen Marie is assured. So that now by this that we have said, it may easily be seen, by what light and slender consideration the adversaries have gone about to strain the word Infants or children to the first degree only. Of the like weight is their other consideration imagining and surmising, this statute to be made, because the king had so many occasions to be so oft over the sea with his spouse the Queen. As though divers kings before him used not often, to pass over the seas: As though this were a personal statute made of a special purpose, and not to be taken as a declaration of the common law. Which to say, is most directly repugnant and contrary to the letter of the said statute: Or as though his children also did not very often repair to outward Countries: The marriages of King E. 3. sons. as john of Gaunt, Duke of Lancastre, that Married peter's the king of Castile's eldest daughter, by whose right he claimed the Crown of Castille: as his brother Edmund earl of Camhridge, that married the youngest daughter: as Lionel Duke of Clarence, that married at Milan Violant daughter and heir to Galeatius Duke of Milan: But especially Prince Edward, which most victoriously took in battle john the French King, and brought him into England his prisoner, to the great triumph and rejoicing of the realm, whose eldest son Edward (that died in short time after,) was borne beyond the seas in Gascoine, and his other son Richard (that succeeded his grandfather) was borne at Bordeaux. And as these noble King Edward's sons married with foreigners: so did they give out their daughters in marriage to foreign Princes, as the Duke of Lancaster, his daughter Philip to the King of Portugal: and his daughter Catherine to the king of Spain: & his Niece johan, daughter to his son Earl of Somerset, was joined in marriage to the king of Scots: johan, daughter to his brother Thomas of wodstocke Duke of Gloucester was Queen of Spain: and his other daughter, Marry, Duchess of Britamnie. Now by these men's interpretation, none of the issue of all these noble women could have enjoyed the Crown of England, when it had fallen to them (though they had been of the nearest royal blood) after the death of their Ancestors. Which surely had been against the ancient presidents & examples that we have declared, and against the common Law (the which must not be thought by this Statute any thing taken away, but only declared) and against all good reason also. For as the kings of England would have thought that Realm greatly injuried, if it had been defrauded of Spain or any of the foresaid countries, being devolved to the same by the foresaid Marriages: so the issue of the foresaid noble women might and would have thought them hardly and injuriously handled, if any such case had happened. Neither such frivolous interpretations and gloss, as these men now frame, and make upon the statute, would then have served, nor now will serve. A fond imagination of the Adversaries of the statute of 25. E. 3. But of all other their frivolous and foolish guessing upon the clause of the statute for Infants de Roy, there is one most fond of all. For they would make us believe, (such is their skill,) that this statute touching Infants de Roy, was made for the great doubt (more in them, than in other persons) touching their inheritance to their Ancestors. For being then a Maxim (say they) in the law, that none could inherit to his Ancestors being not of father and mother under the obedience of the king: seeing the king himself could not be under obedience: it plainly seemed, that the kings children were of far worse condition, than others, & quite excluded. And therefore they say that this statute was not to give them any other privilege, but to make them equal with other. And that therefore this statute, touching the kings children, standeth rather in the superficial part of the word, than in any effect. Now, among other things they say (as we have showed before) that this word Infants de Roy in this statute mentioned, There was no doubt made of the kings children borne beyond the seas. must be taken for the children of the first degree, which they seem to prove by a note taken out of M. Rastal. But to this we answer, that these men sweetly dreamt when they imagined this fond and fantastical exposition: And that they showed themselves very infants, in law and reason. For this was no Maxim, or at least not so certain, before the making of this statute: which giveth no new right to the kings children, nor answereth any doubt touching them, and their inheritance: but this it saith, that the law of the Crown of England is, and always hath been (which law, saith the king, say the Lords, say the Commons, we allow & affirm for ever) that the kings children shallbe able to inherit the lands of their Ancestors, wheresoever they be borne. All the doubt was for other persons▪ (as appeareth evidently by the tenor of the statute) whether by the common law they being born out of the allegiance of the king, were heritable to their Ancestors. And it appeareth, that the adversaries are driven to the hard wall, when they are feign to catch hold upon a silly poor marginal note of M. Rastal, of the kings children, & not of the kings children's children. Which yet nothing at all serveth their purpose touching this statute. But they, or the Printer, or whosoever he be▪ as they draw out of the text many other notes of the matter therein comprised: so upon these French words, Les enfants de Roy, they note in the Margin, The kings Children: but how far that word reacheth, they say neither more, nor less. Neither it is any thing prejudicial to the said Queen's right or Title, whether the said words Infants, aught to be taken strictly for the first degree, or farther enlarged. For if this statute toucheth only the succession of the King's children to their Ancestors for other inheritance, and not for the Crown, as most men take it, and as it may be (as we have said) very well taken and allowed: then doth this supposed Maxim of foreign borne, that seemeth to be gathered out of this statute, nothing annoy or hinder the Queen of scotland's Title to the Crown, as not thereto appertaining▪ On the other side, if by the inheritance of the King's children, the Crown also is meant: yet neither may we enforce the rule of foreign borne upon the king's children, which are by the express words of the statute excepted, neither enforce the word Infants to the first degree only, for such reasons precedents, and examples, and other proouffes largely by us before set forth to the contrary: seeing that the right of the Crown falling upon them, they may well be called the king's Children, or at the lest the children of the Crown. There is also one other cause why though this statute reach to the Crown, This statute toucheth not the Q. of Scotland, as one not borne beyond the seas. and may, and aught to be expounded of the same: the said Queen is out of the reach and compass of the said statute. For the said statute can not be understanded of any persons borne in scotland or wales, but only of persons borne beyond the sea, out of the allegiance of the king of England: that is to wit, France, Flanders, & such like For England, Scotland and wales be all within one Territory, and not divided by any sea. And all old Records of the law, concerning service to be done in those two Countries, have these words Infra quatuor Maria within the four seas, which must needs be understand, in Scotland & wales, aswell as in England, because they be all within one continent, compassed with four seas. And likewise be many ancient statutes of that Realm written in the Normane French, which have these words, deins les quatre mers, that is, within the four seas. Now concerning the statute, the title of the same is, of those that are born beyond the sea: the doubt moved in the corpse of the said statute, is also of children borne beyond the sea out of the allegiance, Vide statuta Walliae in magna Charta. Wales was under the allegiance of England before it was united to the Crown. with divers other branches of the statute tending that way. Whereby it seemeth, that no part of the statute toucheth these that are born in Wales or Scotland. And albeit at this time, and before in the reign of Edward the first, Wales was fully reduced, annexed & united to the proper Dominion of England: yet was it before subjecteth to the Crown and King of England, as to the Lord and Signior. Wherefore if this statute had been made before the time of the said Edward the first: it seemeth, that it could not have been stretched to Wales, no more than it can now to Scotland. I do not therefore a little marvel, that ever these men, for pure shame, could find in their hearts so childishly to wrangle upon this word Infants, and so openly to detort, deprave, and corrupt the common law, and the Acts of Parliament. And thus may you see, gentle Reader, that nothing can be gathered, either out of the said supposed general rule or Maxim, or of any other rule or Principle of the law, that by any good and reasonable construction can seem to impugn the title of my said sovereign Lady Mary now Queen of Scotland, of, and to the Crown of the Realm of England, as is aforesaid. We are therefore now last of all to consider, whether there be any statute or act of Parliament, that doth seem, either to take away, or prejudice the title of the said Queen. And because touching the foresaid mentioned statute of the 25. year of King Edward the third, being only a declaration of the common law, we have already sufficiently answered: we will pass it over, and consider upon the statute of 28 and 35. of King Henrye the eight, being the only sheet-anchor of all the Adversaries, whether there be any matter therein contained or depending upon the same, that can by any means destroy or hurt the title of the said Queen of Scotland to the succession of the Crown of England. The objections of the adversaries touching the pretenced will of King Henry the eight are clearly avoided. The statutes of King H. 8. touching the succession of the Crown. IT doth appear by the said statute of .28. of king Henry the eight, that there was authority given him by the same, to declare, limit, appoint, & assign the succession of the Crown by his Letters patents, or by his last Will signed with his own hand. It appeareth also by the foresaid statute made .35. of the said King, that it was by the same enacted, that the Crown of that Realm of England should go and be to the said King, and to the heirs of his body lawfully begotten: that is to say, unto his highness first son of his body between him and the Lady jane then his wife, begotten: & for default of such issue, then unto the Lady Marie his daughter, and to the heirs of her body lawfully begotten: & for default of such issue, then unto the Lady Elizabeth his daughter, and to the heirs of her body lawfully begotten: & for default of such issue, unto such person or persons in remainder or reversion, as should please the said king Henry the eight, and according to such estate, and after such manner, order and condition, as should be expressed, declared, named and limited in his Letters patents, or by his last Will in writing, signed with his own hand. By virtue of which said Act of Parliament the Adversaries do allege, that the said late King Henry the eight afterward by his last Will in writing signed with his own hand, did ordain and appoint, that if it happen, the said Prince Edward, Lady Marie, and Lady elizabeth to die without issue of their bodies lawfully begotten: then the Crown of that Realm of England should go and remain unto the heirs of the body of the Lady Francis, his Niece, and the eldest daughter of the French Queen: And for the default of such issue, to the heirs of the body of the Lady Eleonour, his Niece, second daughter to the French Queen, lawfully begotten: And if it happened, the said Lady Eleonour to die without issue of her body lawfully begotten, to remain and come to the next rightful heirs. Whereupon the adversaries do infer, that the succession of the Crown ought to go to the children of the said Lady Francis, and to their heirs, according to the said supposed will of the said king Henry the eight: and not unto Lady Marie Queen of scotland that now is. To this it is, An answer to the foresaid statute. on the behalf of my said sovereign Lady, Marie, Queen of Scotland, among other things, answered, that King Henry the eight never signed the pretenced will with his own hand: and that therefore the said will can not be any whit prejudicial to the said Queen. The effect of the adversaries arguments for the exclusion of the Queen of Scotland by a pretenced will of King H. 8. Against which answer for the defence and upholding of the said will, it is replied by the Adversaries: first, that there were divers copies of his will found, signed with his own hand, or at the least wise interlined, and some for the most part written with his own hand: out of the which it is likely, that the original will, commonly called King Henry the eights will, was taken & fair drawn out. Then, that there be great and vehement presumptions, that, for the fatherly love that he bore to the common wealth, and for the avoiding of the uncertainty of the succession, he well liked upon and accepted the authority given him by Parliament, and signed with his own hand the said original will, which had the said limitation and assignation of the Crown. And these presumptions are the more enforced, for that he had no cause, why he should bear any affection either to the said Queen of Scotland, or to the Lady Leneux: and having withal no cause to be grieved or offended with his sisters, the French Queen's children: but to put the matter quite out of all ambiguity and doubt, it appeareth (they say) that there were eleven witnesses purposely called by the King, who were present at the signing of the said Will, and subscribed their names to the same: Yea that the chief Lords of the Counsel were made and appointed executors of the said Will, and that they and other had great Legacies given them in the said Will, which were paid, and other things, comprised in the Will, accomplished accordingly. There passed also purchases, and Letters patents between King Edward, and the executors of the said Will, and others, for the execution and performance of the same. Finally the said Testament was recorded in the Chancery. Wherefore they affirm, that there ought no manner of doubt move any man to the contrary, and that either we must grant this Will to be signed with his hand, or that he made no Will at all: both must be granted, or both denied. If any will deny it, in case he be one of the witnesses, he shall impugn his own testimony: if he be one of the executors, he shall overthrow the foundation of all his doings, in procuring the said will to be enrolled, & set forth under the great Seal. And so by their dublenes they shall make themselves no meet witnesses. Now a man can not lightly imagine, how any other, bysids these two kind of witnesses (for some of them, and of the executors, were such, as were continually waiting upon the kings person) may impugn this will, and prove, that the king did not sign the same. But if any such impugn the will, it would be considered, how many they are, and what they are: & it will be very hard to prove negativam facti. But it is evident, say they, that there was never any such lawful proof against the said will producted. For if it had been, it would have been published in the starchamber, preached at Paul's Cross, declared by Act of Parliament, proclaimed in every quarter of the Realm. Yea, admitting, say they, that it were proved, that the said pretenced will lacked the kings hand: yet nevertheless (say they) the very copies we have spoken of, being written & signed, or at least interlined with his own hand, may be said a sufficient signing with his own hand. For seeing the scope and final purpose of the statute was, to have the succession provided for, and asserteined, which is sufficiently done in the said will: and seeing his own hand was required but only for eschewing evil & sinister dealing, whereof there is no suspicion in this will to be gathered: what matter in the world, or what difference is there, when the king fulfilled and accomplished this gracious Act, that was looked for at his hands, whether he signed the will with is own hand, or no? If it be objected, that the king was obliged and bound to a certain precise order and form, which he could in no wise shift, but that the Act without it must perish, and be of no value: then, say they, we undo whole parliaments, aswell in Queen Mary's time, as in kings Henry the eights time. In Queen Mary's time, because she omitted the Style appointed by parliament, Anno Henrici octavi tricesimo quinto: An. H. 8.35. An. H. 8.33. & 21. In king Henry's time, by reason there was a statute, that the kings royal assent may be given to an Act of parliament by his Letters patents signed with his hand, though he be not there personally. And yet did the said king supply full oft his consent by the stamp only. This yet notwithstanding, the said parliaments for the omission of these forms so exactly and precisely appointed, are not destroyed and disannulled. An answer by the way of rejoinder to the same. After this sort in effect have the Adversaries replied for the defence of the said pretenced will. To this we will make our rejoinder, & say: first, that our principal matter is not to join an issue, whether the said king made and ordained any sufficient will, or no. We leave that to an other time. But, whether he made any Testament, in such order and form, as the statute requireth. Wherefore if it be defective in the said form, as we affirm it to be, were it otherwise never so good and perfect, though it were exemplified by the great Seal, and recorded in Chancery, and taken commonly for his Will, and so accomplished: it is nothing to the principal question. It resteth then for us to consider the weight of the adversaries presumptions whereby they would enforce a probability that the Testament had the foresaid requisite form. Yet first, it is to be considered, what presumptions, and of what force & number, do occur to avoid and frustrate the adversaries presumptions, and all other like. divers presumptions & reasons against this supposed will. We say then, there occur many likelyhoddes many presumptions, many great and weighty reasons, to make us to think, that as the king never had good and just cause, to mind & enterprise such an Act, as is pretended: so likewise he did enterprise no such Act in deed. I deny not, but that there was such authority given him: neither I deny, but that he might also in some honourable sort have practised the same, to the honour and wealth of the Realm, and to the good contentation of the same Realm. But that he had either cause, or did exercise the said authority in such strange & dishonourable sort, as is pretended: I plainly deny. For being at the time of this pretenced will furnished and adorned with issue, the late king Edward, and the Ladies Marry, and Elizabeth, their state and succession being also lately by Act of Parliament established: what need or likelihood was there, for the king then to practise such new devices, as never did, I suppose, any King in that Realm before, and few in any other beside? And where they were practised, commonly had infortunate and lamentable success. What likelihood was there, for him to practise such devices, especially in his later days (when wisdom, the love of God, and his Realm should have been most ripe in him) that were likely to stir up a greater fire of grievous contention and woeful destruction in England, then ever did the deadly faction of the read Rose & the white, lately by the incorporation and union of the house of York and Lancastre, in the person of his father through the marriage of Lady Elizabeth, eldest daughter of King Edward the fourth, most happily extinguished and buried? And though it might be thought or said, that there vould be no such cause of fear, by reason the matter passed by Parliament: yet could not he be ignorant, that neither Parliaments made for Henry the fourth, or continuance of two Descents (which took no place in giving any Title touching the Crown) in King Henry the sixth: nor parliaments made for King Richard the third, nor Parliaments of attainder made against his father, could either prejudice his father's right, or relieve other against such, as pretended just right and title. And as he could not be ignorant thereof: so it is not to be thought, that he would abuse the great confidence put upon him by the Parliament, and disherit without any apparent cause the next royal blood, and think all things sure by the colour of Parliament: The little force whereof against the right inheritor, he had (to his fathers and his own so ample benefit) so lately and so largely seen and felt. And yet if he minded at any time, to prejudice the said Lady Marie Queen of Scotland, of all times he would not have done it then, when all his care was, by all possible means to contrive and compass a marriage, between his son Edward, and the said Lady and Queen. Surely he was to wise of himself, and was furnished with to wise Counsellors, to take such an homely way, to procure and purchase the said marriage by. And least of all can we say he attempted that dishonourable disherison for any special inclination or favour he bore to the French Queen, his sister's children. For there have been of his near & privy Counsel, that have reported, that the King never had any great liking of the marriage of his sister with the Duke of Suffolk, who married her first privily in France, and afterward openly in England: And, as it is said, had his pardon for the said privy marriage in writing. howsoever this matter goeth, certain it is, that if this pretenced will be true, he transferred and transposed the reversion of the Crown, not only from the Queen of Scotland, from the Lady Leneux and their issue, but even from the Lady Francis, & the Lady Eleonour also, daughters to the French Queen, which is a thing in a manner incredible, and therefore nothing likely. I must now, gentle Reader, put thee in remembrance of two other most pregnant and notable conjectures and presumptions. For among all other inconveniences, and absurdities, that do, and may accompany this rash & unadvised act by this pretenced will inconsiderately maintained: it is principally to be noted, The supposed will is prejudicial to the Crown of England for the claim of the Crown of France. that this Act giveth apparent & just occasion of perpetual disherison of the Style & Title of France incorporated and united to the Crown of England. For whereby do or have the frenchmen hitherto excluded the kings of that Realm, claming the Crown of France by the title of Edward the third, fallen upon him by the right of his mother, other than by a politic and civil law of their own, that barreth the female from the right of the Crown? And what doth this pretenced Act of king Henry, but justify and strengthen their quarrel, and overthrow the foundation & bulwark, whereby the kings of England maintain their foresaid title and claim? For if they may by their municipial law of England exclude the said Queen of Scotland, being called to the Crown by the Title of general heritage: then is the municipial law of France likewise good and effectual: & consequently the kings of England have made all this while an unjust & wrongful claim to the Crown of France. But now to go somewhat further in the matter, or rather to come nearer home, and to touch the quick, we say: as there was some apparent & good cause, why the king should the twenty and eight year of his reign think upon some limitation & appointment of the Crown (king Edward as yet unborn:) so after he was borne, and that the Title and interest of the reversion of the Crown after him was the thirty and fift year by Parliament confirmed to the late Queen Marie and her sister Queen Elizabeth: it is not to be thought, that he would afterward jeopardy so great a matter by a Testament and will, which may easily be altered and counterfeited: and lest of all make such assignation of the Crown, as is now pretended. For being a Prince of such wisdom and experience, he could not be ignorant, that this was the next and readiest way, to put the state at least of both his daughters to great peril and utter disherison. This supposed will giveth occasion of ambitious aspiring. For the kings example and boldness in interrupting and cutting away so many branches of the nearest side and line, might soon breed in aspiring and ambitious hearts a bold and wicked attempt, the way being so far brought in and prepared to their hands by the King himself: and their natures so ready and prone to follow evil precedents, and to climb high by some colourable means or other, to spoil and deprive the said daughters of their right of the Crown, that should descend and fall upon them, and to convey the same to the heirs of the said Lady Francis. And did not, I pray you, this drift and devise fall out even so, tending to the utter exclusion of the late Queen Marie, and her Sister Queen Elizabeth: if God had not repressed and overthrown the same? These reasons then & presumptions may seem well able and sufficient, to bear down, to break down and overthrow the weak and slender presumptions of the Adversaries, grounded upon uncertain and mere surmises, guesses and conjectures: as among other that the king was offended with the Queen of Scotland, and with the Lady Leneux. Which is not true. And as for the Lady Leneux, it hath no manner of probability: as it hath not in deed in the said Queen. And if it had: yet it is as probable, and much more probable, that the king would have especially at that time (for such cause, as we have declared) suppressed the same displeasure. Granting now, that there were some such displeasure: was it honourable, either for the King, or the Realm: or was it, think ye, ever thought by the Parliament, that the king should disherit them for every light displeasure? And if (as the Adversaries confess) the king had no cause to be offended with the French Queen's children: why did he disherit the Lady Francis, and the Lady Eleonor also? Their other presumption, which they ground, upon the avoiding of the uncertenty of the succession, by reason of his will, is of small force and rather turneth against them. For it is so far of, that by this means the succession is made more certain and sure: as contrariwise it is subject to more uncertainty, and to less surety, than before. Succession to the Crown more uncertain by the supposed will, than before. For whereas before, the right and claim to the Crown hung upon an ordinary and certain course of the common law, upon the certain and assured right of the royal and unspotted blood, yea upon the very law of nature, whereby many inconveniences, many troubles, dangers and seditions are in all Countries politicly avoided: so now depending upon the statute only, it is as easy by an other statute to be infringed and overthrown: and depending upon a Testament, it is subject to many corruptions, sinister dealings, cavillations, yea and just overthrows, by the disability of the Testatours witnesses, or the legatory himself, or for lack of dew order to be observed, or by the death of the witnesses unexamined, & for many other like considerations. The Monuments of all antiquity, Much forgery and counterfeiting of Testaments. the memory of all ages, & of our own age, & daily experience can tell and show us many lamentable examples of many a good & lawful Testament, by undue and crafty means, by false & suborned witnesses, by the covetous bearing and maintenance of such as be in authority, quite undone and overthrown. Wherefore Valerius Maximus crieth out against M. Crassus, Valerius Maximus dict. et fa. lib. 9 6. 4. and Q Horiensius: Lumina Curiae, ornamenta Fori, quod ●celus vindicare debebant, inhonesti lucri captura invitati, authoritatibus suis texerunt. This presumption then of the Adversaries rather maketh for us, and ministereth to us good occasion, to think, that the king would not hazard the weight and importance of such a matter, to rest upon the validity or invalidity of a bare Testament only. By this that we have said we may probably gather, that the King had no cause to adventure so great an enterprise by a bare will and Testament. Ye shall now hear also, why we think he did never attempt or enterprise any such thing. It is well known, the King was not wont lightly to overslip the occasion of any great commodity presently offered. And yet this notwithstanding, having given to him by Act of Parliament the ordering and disposition of all Chantries and Colleges, he did never or very little practice and execute this authority. And shall we think, unless full and sufficient proof necessarily enforce credit, that the King, to his no present commodity and advantage, but yet to his great dishonour, and to the great obloquy of his subjects and other Countries, to the notable disherison of so may the next royal blood, did use any such authority, as is surmised? Again, if he had made any such assignation: who doubteth, but that as he conditioned in the said pretenced will with his noble daughters, In this supposed will is no condition for the marriage of the heirs of the L. Francis, as is for the Kings own daughters. to marry with his Counsels advise, either else not to enjoy the benefit of the succession: he would have tied the said Lady Francis and Lady Eleonours heirs to the same condition. Further more, I am driven to think, that there passed no such limitation by the said king Henry's will, by reason there is not, nor was these many years any original copy thereof, nor any authentical Record in the Chancery, or else where to be showed in all England, as the Adversaries themselves confess: And in the copies that be spread abroad, the witnesses pretended to be present at the signing of the said will, be such, for the meanness of their state on the one side, & for the greatness & weight of the cause on the other side, as seem not sufficient in such a case. The importance of the cause, being no less than the disherison of so many heirs of the Crown (as well from the one sister, as from the other) required and craved some one or other of the privy Caunsaile, or some one honourable and notable person to have been present at the said signing: or that some notification should have been made afterward to such persons by the King himself, or at least before some Notary and authentical person for the better strengthening of the said will. Here is now further to be considered, that (seeing the interest to the Crown is become a plain testamentary matter and claim, and dependeth upon a last will) when, and before what Ordinary this will was exhibited, allowed and proved? Where, and of whom took the executors their oath for the true performance of the will? No order taken for the probate of the supposed will. Who committed to them the administration of the king's goods and chattles? When, and to whom have they brought in the Inventory of the same? Who examined the witnesses upon their oath, for the tenor & truth of the said Testament? Namely upon the signement of the kings hand, wherein only consisteth the weight of no less, then of the Crown itself: where, or in what spiritual or temporal Court may one find their depositions? But it were a very hard thing to find that, that (as far as men can learn) never was. And yet if the matter were so plain, so good & so sound, as these men bear us in hand: if the original testament had been such, as might have bidden the touchstone, the trial, the light and the sight of the world: why did not they, that enjoyed most commodity thereby (and, for the sway and authority they bore, might and ought best to have done it) take convenient and sure order, that the original might have been duly and safely preserved: or at least, the ordinary Probate (which is in every poor man's Testament diligently observed) might have been procured or seen, by one or other authentical Instrument thereof reserved? The Adversaries themselves see well enough, yea and are feign to confess these defects. The enrolment in the chancery is not a probate. But to help this mischief, they would feign have the Enrolment in the Chancery to be taken for a sufficient Probate, because (as they say) both the spiritual and temporal authority did concur in the king's person. Yet do they know well enough, that this plaster will not cure the sore, and that this is but a poor help and a shift. For neither the Letters Patents, nor the Enrolment may in any wise be counted a sufficient Probate. The Chancery is not the Court or ordinary place for the probate of wills, nor the Rolls for recording the same. Both must be done in the Spiritual Courts: where the executors also must be impleaded, and give their account: where the weakness or strength of the will must be tried, the witnesses examined, finally the probate, & all other things thereto requisite, dispatched. Or if it may be done by any other person: yet must his authority be showed. The probate and all things must be done accordingly. And among other things the usual clause of Saluo iure cuiuscumque, must not be omitted. Which things, I am assured, the recording in the Chancery cannot import. But this caution and proviso of Saluo iure cuiuscunque (which is most conformable to all law and reason) did little serve some men's turn. And therefore there was one other caution and proviso: that though the poorest man's Testament in all England hath this proviso at the probate of the same: yet for this Testament, the weightiest, I trow, that ever was made in England, no such probate or clause can be found, either in the one, or the other Court. Yet we needs must, all this notwithstanding, be borne in hand, and borne down, that there was a Testament & will, formably framed, according to the purpose and effect of the statute: yet must the right of the imperial Crown of England be conveyed and carried away with the colour & shadow only of a will. I say, the shadow only, by reason of an other conjecture and presumption, which I shall tell you of. Which is so lively and effectual, that I verily suppose, it will be very hard for any man, by any good and probable reason, to answer & avoid the same: And is so important and vehement, that this only might seem, utterly to destroy all the adversaries conjectural proofs, concerning the maintenance of this supposed will. We say therefore and affirm, that in case there had been any good and sure help and handfast, to take and hold the Crown for the heirs of Lady Francis by the said will: that the faction, that unjustly intruded the Lady jane, eldest daughter to the said Lady Francis to the possession of the Crown, would never have omitted to take, receive and embrace the occasion and benefit thereof to them presently offered. They neither would, nor could have been driven, to so hard & bore a shift, as to colour their usurpation against the Late Queen Marie only, & her Sister Queen Elizabeth, with the Letters Patents of King Edward the sixth, and with the consent of such as they had procured. A great presumption against the supposed will, for that the late pretenced Q. jane did not use the benefit of the same against the Q. of Scotland and others. Which king by law had no authority (as it is notorious) to make any limitation and assignation of the Crown otherwise than the common law doth dispose it. It was need for them, I say, as they procured such Letters patents, so to have set forth also the said pretenced will, if there had been then any such will in deed sufficiently and duly to be proved, as is now surmised there was. The Record of the said surmised will was in the Chancery, which they might have used with the pretenced witnesses, and with the original pretenced will, & with all other things thereto belonging, to their best advantage. It can not be thought, that either they were ignorant of it, or that they would forbear and forego so great a commodity offered, and such a plausible pretext of their pretenced usurpation, bearing the countenance and authority of the kings will, and of the whole Parliament, for the exclusion of the Queen of Scotland and others of the nearer royal blood. Neither can it be said, that the Letters patents were made, as it were for a stronger corroboration and confirmation only of the said pretenced will: See the proclamation made the x. of julie the first year of her pretenced reign. for that there is not so much as one word in their whole pretenced letters patents for the supposed right of the said Lady jan, by the force of that surmised will: whereby it might any thing appear, that king Henry the eight made any manner of limitation or assignation of the Crown to the heirs of the Lady Francis. Whereupon it may well be gathered, that either they knew of no such limitation to the children of the Lady Francis by the said supposed will: or took it to be such, as could give no good and lawful force and strength, to aid and maintain their usurpation for the manifest forgery of the same. And therefore they purposely (for, ignorance can not be pretended in them) kept back & suppressed in the said Letters Patentes this pretenced limitation surmised to be made for the children of the said Lady Francis. Which neverthetheless the Adversaries do now with so great and vehement asseveration blow into all men's ears: yet is it utterly rejected and overthrown, if it were by nothing else than by these letters patents for the pretenced title of the said Lady jane. So that we need to travail no further for any more proof against the said asseveration. But yet in case any man do look for any other and more persuasion and proof, which, as I said, need not: o the great providence of God, o his great favour and goodness to that Realm, of the which it hath been said: Polid. li. 8 Regnum Angliae, est regnum, Dei, and that God hath ever had a special care of it: o his great goodness, I say, to this Realm even in this case also. For he hath opened and brought to light the very truth of the matter, which is burst out, though never so craftily supressed and kept under. We say then, that the King never signed the pretenced will with his own hand: neither do we say it by bare hearsay, or gather it by our former conjectures and presumptions only, though very effectual and probable: but by good and able witnesses, that avouch and justify, of their own certain knowledge, that the Stamp only was put to the said will, & that even when the King himself was now dead, or dying and past all remembrance. The forgery of this supposed will disclosed before the Parliament by the L. Paget. The Lord Paget being one of the privy Counsel with Queen Marie, of his own free will and godly motion, for the honour of the Realm, for reverence of truth and justice (though in the fact himself perhaps culpable, but thereto by great authority forced,) did first of all men disclose the matter, first to the said Counsel, & then before the whole Parliament. Sir Edward Mountegue also the chief justice, that was privy and present at the said doings, did confess the same, as well before the Counsel, as before the Parliament. Yea, William Clarke, (ascribed among other pretenced witnesses) confessed the premises to be true. And that himself put the stamp to the said will, and afterward purchased his Charter of pardon for the said fact. Upon the which depositions well and advisedly weighed and pondered, Queen Marie with the advise of her Counsel, to the honour of God, and that Realm, to the maintenance of truth and justice, & the rightful succession of the Crown, for the eschewing of many foul mischiefs, that might upon that forgery ensue, A worthy deed for a Prince to cancel false Records. caused the Record of the said forged will remaining in the Chancery, to be canceled, defaced and abolished, as not worthy to remain among the true and sincere Records of that noble Realm. Which her noble fact deserveth immortality of eternal praise and fame, no less, than the fact of the Romans that abolished the name and memory of the Tarquinians, for the foul act of Sextus Tarqvinius in defiling Lucretia: No less, than the fact of the Ephesians, Cicero. 3. office who made a law, that the name of the wicked Herostratus should never be recorded in the books of any their Historiographers: Sueton. de viris illustrib. No less than the fact of the family of the Manlians at Rome, taking a solemn oath, that none among them should ever be called Capitolinus, because M. Manlius Capitolinus had sought to oppress his Country with tyranny. And to come nearer home, no less than in England their forefathers deserved, Bed. lib. 3. histor. Ecclesiast. c. i. which quite razed out of the years and times the memory and name of the wicked Apostates Osricus and Eanfridus, numbering their time under the reign of the good King Oswald. The adversaries therefore are much to be blamed, going about to stain and blot the memory of the said Queen and Magistrates, as though they had done this thing disorderly, and as though there had been some special commodity therein to them: which is apparently false. For as the said abolition was nothing beneficial to other Magistrates: so if it had been a true and an undoubted will, the said Queen vould never have caused it to be canceled, as well for her honour and conscience sake, as for private respect, seeing her own royal estate was by the same set forth & confirmed. Yet would they feign blemish and disgrace the testimony of the said Lord Paget, and S. Edward Montague. They set against them eleven witnesses, thinking to match and overmatch them with the number. But here it must be remembered, that though they be eleven, yet they are too slender and weak for the weight and importance of the matter. It is again to be remembered, that often times the law doth as well weigh the credit, as number the persons of the witnesses. Alias (saith Calistratus) numerus, alias dignitas & authoritas confirmat rei, L. testium. ff. de testibus. L. Ob carmen ibid. de qua agitur, fidem. According to this, saith also Archadius: Confirmabit judex motum animi sui ex argumentis & testimoniis, quae rei aptiora, & vero proximiora esse compererit. Non enim ad multitudinem respicere oportet, sed ad sinceram testimoniorum fidem & testimonia, quibus potius lux veritatis assistit. It hath not lightly been heard or seen, that men of such state & vocation in so great and weighty a cause would incur first the displeasure of God, then of their Prince, and of some other of the best sort, if their depositions were untrue: and would purchase themselves dishonour, slander & infamy: yea disclose their own shame to their own no manner of way hoped commodity, nor to the commodity of other their friends, No just cause to repel the testimony of the L. Paget and ohers. or discommodity and hurt of their enemies. This sufficiently doth purge them from all sinister suspicion for this their deposition and testimony: their deposition proceeding, as it plainly seemeth, from no affection, corruption or partiality, but from a zeal to the truth, and to the honour of the Realm. And though perchance, if they had been thereof iudicialy convicted & condemned, and had not by due penance themselves reform: some exceptions might have been laid against them by any party iudiciallye convented for his better advantage: yet as the case standeth now, L. Famosi ff. and l. Tul. maies. l. muliere. ff. de accusat. there is no cause in the world, to discredit their testimony: yea and by the way of accusation also, such persons, as be otherwise disabled, are in treason and other public matters, touching the state, enhabled both to accuse, & testify. As for the eleven witnesses, the best of them Sir john Gates, we know, by what means he is departed out of this life. One other, the said William Clarke is so gone from them, that he giveth good cause, to misdeem and mistrust the whole matter. How many of the residue live, I know not. To whom perchance some thing might be said, if we once know, what themselves say. Which seeing it doth not by authentical record appear, bare names of dumb witnesses can in no wise hinder & deface so solemn a testimony of the foresaid L. Paget and Sir Edward Montague. Neither is the difficulty so great, as the Adversaries pretend, How a negative may be proved. in proving Negativam facti. Which as we grant it to be true, when it standeth within the limits of a mere negative: so being restraigned and referred to time and place, may be as well proved, as the affirmative. It appeareth now then by the premises: Gloss. & Doct. c. bona de elect. that the adversaries arguments, whereby they would weaken and discredit the testimony, either of the witnesses, or of the executors, that have or may come in against the said pretenced will, are but of small force and strength. And especially their slender exaggeration by a superficial Rhetoric enforced. Whereby they would abuse the ignorance of the people, and make them believe, that there was no good and substantial proof brought forth against the forgery of this supposed will, because the untruth of the same was not preached at Paul's Cross, and declared in all open places and assembles through the Realm: when they know well enough, that there was no necessity so to do. And that it was notoriously known, by reason it was disclosed by the said Lord Paget, as well to the Counsel, as to the higher and lower house of the Parliament. And the foresaid forged Record in the Chancery thereupon worthily defaced, and abolished. The disclosing whereof, seeing it came forth by such, & in such sort & order, as we have specified: as it doth nothing deface or blemish the testimony given against the said supposed will, whether it were of any of the witnesses, or executors: so is there no need at all, why any other witnesses, besides those that have already impugned the same, should be now farther producted. How and when the later testimony is to be accepted before the former. I deny not, but that if any such witness or executor had upon his oath before a lawful judge, deposed of his own certain notice and knowledge, that the said will was signed with the Kings own hand: in case he should afterward contratrie and revoke this his solemn deposition, it ought not lightly to be discredited for any such contradiction afterward happening. But, as I have said, such authentical and ordinary examinations & depositions we find not, nor yet hear of any such so passed. Now contrariwise if any of the said witnesses or executors have or shall before a competent judge, especially not producted of any party, or against any party for any private suit commenced, but, as I have said, moved of conscience only, and of a zeal to truth, and to the honour of God & the Realm, freely & voluntarily discover and detect such forgery (although perchance it toucheth themselves for some thing done or said of them to the contrary,) or being called by the said competent judge, have or shall declare and testify any thing against the same: this later testimony may be well credited by good reason and law. Whereas they would now infer, that either this pretenced will was King Henry's will, or that he made none at all: I do not (as I have said) intend, nor need not curiously to examine and discuss this thing, as a matter not appertaining to our principal purpose. And well it may be, that he made a will containing the whole tenor of this pretenced will (saving for the limitation of the Crown) and that these supposed witnesses were present, either when he subscribed the same with his own hand, or when by his commandment the Stamp (of which and of his own hand, the common sort of men make no difference, as in deed in divers other cases there is no difference, which these witnesses might take to be as it were his own hand) was set to the wil This, I say, might after some sort so be. And yet this notwithstanding there might be (as there was in deed) an other will touching the pretenced limitation of the Crown by the Kings own hand counterfeited and suborned after his death falsely and colourably, bearing the countenance of his own hand, and of the pretenced witnesses names. How so ever it be, it is but to small purpose, to go about any full and exquisite answer touching this point, seeing that neither the original surmised will, whereof these witnesses are supposed to be privy is extant: nor their depositions any where appear: nor yet that it appeareth, that ever they were (as we have said) judicially examined. Seeing now then, that if it so falleth out, that the principal will, and that which was by the great Seal exemplified, and in the Chancery recorded, had not (at least touching the clause of limitation & assignment of the Crown) the King's hand to it: we need not, nor will not tarry about certain scrolls and copies of the said will, that the Adversaries pretend to have been either written, or signed with his hand. A kingdom is to heavy to be so easily carried away by such scrolls and copies. When all this faileth, the Adversaries have yet one shift left for the last cast. They urge the equity of the matter and the mind of the Parliament. Which is, they say, accomplished and satisfied, by making this assignation for the establishing of the succession, & providing, that the Realm should not be left void of a Governor. And therefore we must not subvert the statute, in cavilling for the defect of the King's hand: forasmuch as the Parliament might have had authorised his consent only, without any hand writing. Which as I do not deny, so in these great affairs and so ample a commission, in such absolute authority given to him, it was providently and necessarily foreseen, to bind the Act to the Kings own hand, for avoiding all sinister & evil dealing, the which the Adversaries would have us in no case to misdoubt or mistrust in this will. Whereas the notoriousness of the fact, & the lamentable event of things do openly declare the same, and pitifully crieth out against it. Neither will we grant to them, that the mind and purpose of the Parliament is satisfied, for such causes, as we have and shall hereafter more largely declare. And if it were otherwise true: yet doth this only defect of the kings hand break & infringe the whole Act. Why the stamp can not countervail the kings hand in this case. For this is a statute correctory, and derogatory to the common course of the law, as cutting away the succession of the lawful & true inheritors. It is also, as appeareth by the tenor of the same, a most grievous penal law, and therefore we may not shift or alter the words of the law, Neither may we supply the manner and doing of the act prescribed, by any other act equivalent. So that albeit in some other thing the Stamp or the kings certain & known consent may counterpoise his hand: yet, as the case standeth here, it will not serve the turn, by reason there is a precise order and form prescribed & appointed. wherefore if by a statue of a City, joan Andr. in adit. specul tit. derequisit consul ad finem. there be certain persons appointed to do a certain act, and the whole people do the same act in the presence of the said persons: the act by the judgement of learned civilians is vicious, & of no value: yea though the reason of the law cease, yet must the form be observed. For it is a rule and a maxim, that where the law appointeth & prescribeth a certain platform, L. Si fundus ff. de rebus eorum: c. de rebus Ecclesiae in 6. whereby the Act must be bound and tied: in that case though the reason of the law cease, yet is the act void and nought. And whereas the adversaries object against this rule, the parliaments made by Queen Marie, An answer to the adversaries, touching Acts of Parliament alleged to prove, that the Kings own hand was not necessary to the supposed will. without the usual style called & summoned: this objection may soon be answered. For it may soon appear to all them, that read and peruse the said statute of Anno 35. Henrici octavi, containing the said style, that by any especial words therein mentioned, it is not there limited & appointed, that the form of the style therein set forth should be observed in every writ. And therefore not to be compared unto the said statutes of 28. and 35. Henrici octavi, wherein by special words one express form & order for the limiting of the succession of the Crown by the King, is declared and set forth. besides that, the said writs being made both according to the ancient form of the Register, and also by express commandment of the Prince, utterly refusing the said style, could neither be derogatory to the said Queen's Majesty and her Crown, nor meaning of the said statute. Concerning the said style, and for a final and full answer unto this matter: it is to be noted, that the writs being the Acts of the Court, though they want the prescript form set forth either by the common law, or statute: yet are not they, nor the judgements subsequent there upon abated or void, but only abatable and voidable by exception of the party by judgement of the the Court. 18. E. 3. fo 30. 3. H. 4 fol. 3. & 11. 11. H. 4. fol. 67. 9 H. 6. fol. 6. 19 H. 6 fo. 7. & 10 35. H. 6. fo. 12. 10. H. 6. fol. 16. 3. H. 6 fo. 8. 33. E. 3. fo. 13. Vide Prisot. 33. H. 6. fol. 35. For if the party without any exception do admit the form of the said writ, and plead unto the matter, whereupon the Court doth proceed: then doth the writ, & the judgement there upon following remanine good and effectual in law. And therefore admitting, that the said statute of 35. H. 8. had by special words appointed the said style to be put in every writ, and that for that cause the said writs of Somons were vicious, wanting their prescript form: yet when the parties unto the said Writs had admitted them for good, both by their election, and also by their appearance upon the same: the law doth admit the said Writs, & all acts subsequent upon the same, to be good and effectual. And yet this maketh no proof, that therefore the said supposed will, wanting the prescript order & form, should likewise be good and effectual in law. For as touching specialties, estates and conveyances, or any other external act to be done or made by any person, whose form and order is prescribed, either by the common law, or by statute: 9 H. 6. fol. 35. 35. H. 6. fo. 34. 40. E. 3. fol. 2. if they want any part of their prescript form, they are accounted in law to be of no validity or effect. As for example: the law doth appoint every specialty or Deed to be made, either in the first person, or in the third person. Therefore if part of a Deed be made in the first person, and the residue in the third person: that Deed is not effectual, but void in the Law. besides that, the law hath appointed, 40. E. 3. fol. 35. 21. E. 4. fo. 97 7. H. 7. fo. 15. that in every Deed mentioned should be made, that the party hath put to his Seal to the same. If therefore any Deed doth want that special clause and mention, although the party in deed hath put his Seal unto the same: yet is that Deed or specialty void in law. So likewise the law giveth authority to the Lord, to distrain upon the land holden of him for his rents & services due for the same. And farther doth appoint, to carry or drive the same distress unto the pound, there to remain as a gage in law for his said rents & services. 9 E. 4. fol. 2. 22. E. 4 fo. 47. 29. H. 6. fo. 6. 29. lib. Assis. P. 64. If the Lord shall either distrain his Tenant out of his Fee or signory, or if he shall labour and occupy the Chatles distrained: the distress so taken by him is injurious & wrongful in law, forasmuch as he hath not done according to the prescribed order of the law. The statute made An. 32. H. 8. giveth authority unto Tenant in tail and to others being seized of land in the right of their wives or Churches, to make leases of the same: Wherein also a prescript order and form for the same is set forth, If any of the said persons shall make any Lease, wherein he doth not observe the same prescribed order in all points, the same lease is not warranted in any point by the said statute. Likewise the statute made in Anno 27. 27. H. 8. 6. 10. Henrici octavi, of Bargains and sales of land appointeth a form and order for the same, that they must be by writing indented, sealed and enroled within six months next after the dates of the same writings. If any bargain and sale of land be made, wherein any of the things appointed by the said statute are omitted, the same is vicious and void in the law. So likewise the statute made in Anno 32. 32. H. 8. 6. 1. H. 8. giveth authority, to dispose lands and Testaments by last Will and testament in writing. If a man do devise his land by his last Will and Testament nuncupative without writing, this devise is insufficient in law, & not warranted by the said statute. We leave of a number of like cases, that we might multiply in the prooff of this matter wherein we have tarried the longer, because the Adversaries make so great a countenance thereupon: and because all under one, it may serve for the answer also touching the kings royal assent to be given to parliaments by his Letters patents signed with his hand: which is nothing else but a declaration & affirmance of the common law, & no new authority given to him, to do that he could not do before, or any form prescribed to bind him unto. Besides that, in this case there is no fear in the world of forging and counterfeiting the kings hand: whereas in the Testamentary cause it is far otherwise, as the world knoweth, and daily experience teacheth. And so withal do we conclude, that by reason this surmised will was not signed with the kings hand: it can not any way hurt or hinder the just right and claim of the Queen of Scotland, to the succession of the Crown of England. Now supposing, that neither the L. Paget, nor Sir Edward Montague, and William Clarke had testified or plublished any thing to the infringing & overthrowing of the adversaries assertion, touching the signing of the said will: yet is not thereby the Queen of scotland's title altogether hindered. For she yet hath her just and lawful defence for the oppugning of the said assertion, as well against the persons and sayings of the witnesses, if any shall come forth, as otherwise she may justly require the said will to be brought forth to light, and especially the signing of the same with the King's hand, to be duly and considerately pondered, weighed and conferred. She hath her just defence and exeptions and must have. And it were against all laws, and the law of nature itself, to spoil her of the same. And all good reason giveth, that the said original will standing upon the trial of the King's hand, be exhibited: that it may be compared with his other certain and well known hand writing. And that other things may be done that are requisite in this behalf. But yet all this notwithstanding, let us now imagine & suppose, that the King himself, whose heart and hand were doubtless far from any such doings: let us yet, I say, admit, that he had signed the said will with his own hand. Yet for all that, the Adversaries perchance shall not find, no not in this case, that the Queen's just Title, right and interest doth any thing fail or quail. The supposed will can not prejudice the Queen of Scotland, though it had been signed with the Kings own hand. Or rather let us without any perchance say, the justice and equity of her cause, and the invincible force of truth to be such, that neither the Stamp, nor the Kings own hand can bear and beat it down. Which thing we speak not without good probable and weighty reasons. Neither do we at this time mind, to debate & discourse, what power and authority, and how far the Parliament hath to do, in this and like cases. Which perchance some other would here do. We will only intermeddle with other things, that reach not so far, nor so high, and seem in this our present question worthy and necessary to be considered. And first, before we enter into other matters, we ask this reasonable and necessary question, whether these general words, whereby this large & ample authority is conveyed to king Henry, must be as generally, and as amply taken, or be restrained by some manner of limitation and restriction agreeable to such mind and purpose of the Parliament, as must of very necessity or great likelihood be construed, to be the very mind and purpose of the said Parliament Ye will say perchance, that the power and authority of assignation must be taken generally and absolutely, without exception, saving for the outward signing of the wil Truth it is, there is nothing else expressed: but yet was there some things else principally intended, and yet for all that, needed not to be specified. The outward manner was so specially and precisely appointed and specified, to avoid suspicious dealing, to avoid corruption and forgery. And yet was the will good and effectual, without the kings hand. There must needs be some qualification and restraint of the general words of the statute. Yea and the assignation to had been good, had not that restraint of the kings hand been added by the Parliament. But for the qualification of the person to be limited and assigned, and so for the necessary restriction and limitation of the words, were they never so large & ample: there is (though nothing were spoken thereof) an ordinary help & remedy. Otherwise, if the Realm had been set over to a furious or a mad man, or to an idiot, or to some foreign and Mahometical Prince (and to such a one as stories testify that King john would have submitted himself & his Realm) or to any other notorious incapable or unable person: Matthaeus Parisieusis in johan. the generality of the words seem to bear it, but the good mind and purpose of the Parliament, and man's reason do in no wise bear it. If ye grant, that these words must needs have some good and honest construction and interpretation, as reason doth force you to grant it: yet will I ask further, whether as the King cut of in this pretenced will the whole noble race of the eldest sister, and the first issue of the youngest sister: so if he had cut of also all the offsprings as well of the said youngest sister, as of the remnant of the royal blood, & placed some, being not of the said blood, & perchance otherwise unable: this assignation had been good and available in law, as conformable to reason, and to the mind and purpose of the Parliament? It were surely to great an absurdity, to grant it. There must be therefore in this matter some reasonable moderation and interpretation, as well touching the persons comprehended within this assignation, & their qualities, & for the persons also having right, & yet excluded, as for the manner of the doing of the act, & signing the wil For the king as King, could not dispose the Crown by his will: & was in this behalf but an Arbiter and Commissioner. Wherefore his doings must be directed and ruled by the law, & according to the good mind and meaning of those, that gave the authority. And what their mind was, it will appear well enough, even in the statute itself. It was for the avoiding of all ambiguities, doubts and divisions, touching the Succession. They put their whole trust upon the King, as one, whom they thought most earnestly to mind the wealth of the Realm: as one that would, and could best and most prudently consider and weigh the matter of the Succession, and provide for the same accordingly. If the doings of the King do not plainly and evidently tend to this end and scope: if a Zealous mind to the common wealth, if prudence & wisdom did not rule & measure all these doings: but contrariwise partial affection and displeasure: if this arbitrement putteth not away all contentions and strifes: if the mind and purpose of the honourable Parliament be not satisfied: if there be dishonourable devices & assignments of the Crown in this will and Testament, L. 1. ff. qui Testamenta fac●re. if there be a new Succession unnaturally devised: finally if this be not a Testament and last will, such as Modestinus defineth: Testamentum est justa voluntatis nostrae sententia de eo, The definition of a Testament. quod quis post mortem svam fieri velit: then though the kings hand were put to it, the matter goeth not altogether so well & so smooth. But that there is good and great cause further to consider and debate upon it, whether it be so, or no: let the indifferent, when they have well thought upon it, judge accordingly. The Adversaries themselves can not altogether deny, but that this Testament is not correspondent to such expectation, as men worthily should have of it. Which thing they do plainly confess. For in urging their presumptions, whereof we have spoken and minding to prove, that this will, which they say is commonly called King Henry's Will, was no new Will devised in his sickness but even the very same, whereof (as they say) were divers old copies: they infer these words, saying thus. For if it be a new will then devised, who could think, that either h m self would, or any man durst have moved him, to put therein so many things contrary to his honour? Much less durst they themselves devise any new succession, or move him to alter it, otherwise than they found it, when they saw, that naturally it could not be otherwise disposed. Wherein they say very truly. For it is certain, that not only the common law of that Realm, but nature itself telleth us, that the Queen of Scotland (after the said Kings children) is the next and rightful Heir of the Crown. Wherefore the King, if he had excluded her, he had done an unnatural act Ye will say, he had some cause to do this, by reason she was a foreigner, and borne out of the Realm. Yet this notwithstanding he did very unnaturally, yea unadvisedly, inconsiderately and wrongfully, and to the great prejudice and danger of his own Title to the Crown of France▪ as we have already declared. And moreover it is well to be weighed, that reason, and equity, and Ius Gentium, doth require & crave, that as the kings of that Realm would think themselves to be injuriously handled and openly wronged, if they marrying with the heirs of Spain, Scotland, or any other Country (where the succession of the Crown devolveth to the woman) were shut out, and barred from their said right due to them by the wives (as we have said:) so likewise they ought to think of women of their royal blood, that marry in Scotland, that they may well judge and take themselves much injuried, unnaturally and wrongfully dealt withal, to be thrust from the succession of that Crown, being thereto called by the next proximity of the royal blood. And such devolutions of other Kingdoms to the Crown of England by foreign marriage, might by possibility often times have chanced, and was even now in this our time very like to have chanced for Scotland, if the intended marriage with the Queen of Scotland that now is, and the late King Edward the sixth with his longer life, & some issue had taken place. But now, that she is no such foreigner, as is not capable of the Crown, we have at large already discussed. Yea I will now say farther, that supposing the Parliament minded to exclude her, and might rightfuly so do, and that the King by virtue of this statute did exclude her in his supposed will: yet is she not a plain foreigner, and incapable of the Crown. For if the lawful heirs of the said Lady Francis, and of the Lady Eleonour should happen to fail (which seem now to fail, at the least in the Lady Katherine and her issue, for whose title, great stir hath lately been made, by reason of a late sentence definitive, given against her pretenced marriage with the Earl of Herford) then is there no stay or stop, either by the Parliament, or by the supposed Will, but that she the said Queen of scotland, and her Heirs, may have and obtain their just Title and claim. For by the said pretenced will it is limited, that for default of the lawful Heirs of the said Lady Francis & Elenour, the Crown shall remain and come to the next rightful Heirs. But if she shall be said to be a foreigner for the time, for the induction of farther argument: then what say the Adversaries to the Lady Leneux, borne at Herbottel in England, and from thirteen years of age brought up also in England, and commonly taken and reputed as well of the King and Nobility, as of other, the lawful Niece of the said king? Yea to turn now to the other sister of the King married to Charles Brandon Duke of Suffolk, and her children, the Lady Francis, and the Lady Eleonour: why are they also disherited? Surely, if there be no just cause, neither in the Lady Leneux, nor in the other: it seemeth the King hath made a plain Donative of the Crown. Which thing whether he could do, or whether it be conformable to the expectation of the Parliament, or for the kings honour, or for the honour of the Realm, I leave it to the further consideration of other. Now, what causes should move the King, to shut them out by his pretenced will from the Title of the Crown: I mind not, nor need not (especially seeing I take no notice of any such will, touching the limitation of the said Crown) here to prosecute or examine. Yet am I not ignorant, what impediments many do talk of, and some as well by printed, as unprinted Books, do writ of. Wherein I will not take upon me any asseveration, any resolution or judgement. This only will I propound, as it were by the way of consideration, duly & deeply to be weighed and thought upon: that is, for as much as the benefit of this surmised will tendeth to the extrusion of the Queen of Scotland, and others altogether, and to the issue of the French Queen: whether in case the King had no cause to be offended with his sisters the French Queen's Children (as the Adversaries themselves confess he had not, and that there was no lawful impediment in them, to take the succession of the Crown) it were any thing reasonable, or ever was once meant of the Parliament, that the King without cause should disherit and exclude them from the title of the Crown. On the other side, if there were any such impediment (whereof this surmised will giveth out a great suspicion) it is to be considered, whether it standeth with reason and justice, with the honour of the king, and the whole Realm, or with the mind, purpose and intent of the said Parliament, that the King should not only frustrate and exclude such, whose right by the common law is most evident and notorious, but call and substitute such other, L. si pater. ff. Quae in frau credit. L. fili. fami. ff. de D●rat. L. 1. 6. quae res pign. l. obligation. ff. de pigno. c. in gener. de Regum juris in 6. L. quidam. ff. de ver. sig. L. ut grad. §. 1. de vumer. & hono. L. permittendo cum notatis. ff. de iure dotium. In giving general authority, that seemeth not to be comprised, that the party would not have granted, being specially demanded. General words must be referted to able persons. L. 2. c. de Nopall. L. sin. §. in computation. De iure deliber. & ibi notat Alciat. in l. 1. de ver. significat. as by the same law are plainly excluded. In consideration whereof many notable Rules of the Civil law do concur. First, that who soever giveth any man a general authority, to do any thing, seemeth not to give him authority, to do that thing, which he would not have granted, if his mind therein had been severally and specially asked and required. Again, general words either of the Testatours, or of such as make any contract, & especially of statutes, touching any persons, to do or enjoy any thing, aught to be restrained and referred to able, meet, and capable persons only. It is furthermore a rule and a Principle, that statutes must be ruled, measured and interpreted, according to the mind and direction of the general and common law. Wherefore the King in limiting the succession of the Crown in this sort, as is pretended, seemeth not to answer and satisfy the expectation of the Parliament: putting the case there were any such surmised impediment, as also on the other side likewise, if there were no such supposed impediment. For here an other rule must be regarded: which is, that in Testaments, Contracts, and namely in statutes, the generality of words must be gently and civilly moderated, and measured by the common law, and restrained, when so ever any man should by that generality take any damage and hurt undeservedly. Yea, the Statute shall rather in that casse cease and quail, and be taken as void. As for example, it appeareth by the Civil law, that if it be enacted by statute in some Cities, that noman shall plead against an Instrument, no not the Executor: yet this notwithstanding, if the Executor make a true and perfect Inventory of the goods of the testator, if he deal faithfully and truly, rather than he should wrongfully and without cause pay the Testatours debt of his own, he may come and plead against the Instrument. Wherefore the kings doings seem either much defective in the said Lady Francis, & Lady Elenour, or much excessive in their children. And so though he had signed the said will with his hand: yet the said doings seem not conformable to the mind and purpose of the Parliament. We will now go forward, and propound other great and grave considerations serving our said purpose and intent. Whereof one is that in limiting the Crown unto the heirs of the body of the Lady Francis, the same Lady then, and so long after living, the said King did not appoint the Succession of the Crown, according to the order & meaning of he honourable Parliament: forasmuch as the said Act of Parliament gave to him authority, to limit and appoint the Crown to such person, or persons in reversion or remainder, as should please his Highness. Meaning thereby some person certain, of whom the people might have certain knowledge & understanding, after the death of king Henry the eight. Which persons certain the heirs of the Lady Francis could not by any means be intended: 11. H. 4. fo 72. 9 H. 6 fo. 24. 11. H. 6. fol. 15. forasmuch as the said Lady Francis was then living, and therefore could then have no heirs at al. By reason whereof the people of that Realm could not have cettaine knowledge and perfect understanding of the Succession, according to the true meaning & intent of the said Act of parliament. But to this matter some peradventure would seem to answer and say, that although at the time of the said King Henry's death, the Heirs of the body of the said Lady Francis begotten, were uncertain: yet at such time, as the said remainder should happen to fall, the said heirs might then certainly be known. In deed I will not deny, but that peradventure they might be then certainly known. But what great mischiefs and inconveniences might have ensued, and yet may, if the will take place upon that peradventure & uncertain limitation: I would wish all men well to note and consider. It is not to be doubted, but that it might have fortuned, at such time as the remainder should happen to fall to the said heirs of the Lady Francis, the same Lady Francis should then be also living: who, I pray you, than should have had the Crown? Peradventure ye would say, the heirs of the body of the Lady Eleonour, to whom the next remainder was appointed. Undoubtedly that were contrary to the meaning of the said supposed will: forsomuch as the remainder is thereby limited unto the heirs of the body of the Lady Eleonour only for default of issue of the Lady Francis. Whereby it may be very plainly gathered upon the said supposed will, that the meaning thereof was not, that the children of the Lady Eleonour should enjoy the Crown, before the children of the Lady Francis. But what if the said Lady Eleonour had been then also living (which might have happened, forasmuch as both the said Lady Francis and Lady Eleonour, by common course of nature, might have lived longer, then until this day) who then should have had the Crown? Truly the right Heir (whom this supposed will meant to exclude) so long as there should remain any issue, either of the body of the said Lady Francis, or of the body of the said Lady Eleonour lawfully begotten. And therefore quite contrary to the meaning of the said supposed will, wherefore I do verily think, that it would hardly sink into any reasonable man's head, that had any experience of the great wisdom and advised doings of King Henry the eight about other matters being of nothing like weight, that he would so slenderly and so unadvisedly dispose the successione of the Crown (whereupon the whole estate of that Realm doth depend) in such wise, that they, to whom he meant to give the same by his will, could not enjoy it by the law. Whereupon ye may plainly see, not only the great unlikelihod, that King Henry the eight would make, any such will with such slender advise, but also, that by the limitation of the said will, the succession of the Crown is made more uncertain and doubtful, than it was before the making of the said Acts of Parliament. Which is contrary to the meaning and intent of the said Acts, and therefore without any sufficient warrant in law. But peradventure some here will say, that although these dangers & uncertainties might have ensued upon the limitation of the said will: yet forasmuch as they have not happened, neither be like to happen, they are therefore not to be spoken of. Ye as verily, it was not to be omitted. For although these things have not happened, and therefore the more tolerable: yet for as much as they might have happened, by the limitation of the said supposed will, contrary to the meaning of the said Acts, the will can not by any means be said to be made according to the meaning and intent of the makers of the said statutes. And therefore in that respect the said will is insufficient in law. And to aggravate the matter farther, ye shall understand of great inconveniences and imminent dangers, which as yet are likely to ensue, if that supposed will should take place. It is not unknown, but that at the time of the making of the said will, the said Lady Francis had no issue male, but only three daughters between her, & Henry Duke of Suffolk. Afterward in the time of the late sovereign Lady Queen Marie, the said Duke of Suffolk was attainted, and suffered accordingly. After whose death the said Lady Francis, to her great dishonour and abasing of herself, took to husband one Adrian Stokes, who was before her servant, a man of very mean estate and vocation, and had issue by him. Which issue (if it were a son, & be also yet living) by the words of the said supposed will, is to inherit the Crown of that Realm, before the daughters between her and the said late Duke of Suffolk begotten, which thing was neither intended, nor meant by the makers of the said Acts. Who can with any reason or common sense think, that all the states of the Realm assembled together at the said Parliament, did mean, to give authority to King Henry the eight, by his letters Patents or last will to disherit the Queen of Scotland lineally descended of the blood royal of that Realm, and to appoint the son of Adrian Stokes, than a mean serving man of the Duke of Suffolk's, to be King & Governor over that noble Realm of England. The inconveniences whereof, as also of the like that might have followed of the pretenced Marriage of M. keys the late Sergeant Porter, I refer to the grave considerations and judgements of the honourable and worshipful of that Realm. Some peradventure will say, that King Henry the eight meant by his will, to dispose the Crown unto the Heirs of the body of the said Lady Francis by the said Duke lawfully begotten, & not unto the heirs by any other person to be begotten. Which meaning although it might very hardly be gathered upon the said supposed will: yet can not the same be without as great inconveniences, as the other. For if the Crown should now remain unto the heirs of the body of the said Lady Francis by the said Duke begotten then should it remain unto two daughters jointly, they both being termed and certainly accounted in law but one heir. And by that means the state and government of that Realm should be changed from the ancient Monarchy, into the government of many. For the Title of the Lady Francis being by way of remainder, which is counted in law a joint purchase, doth make all the issue female inheritable a like, and can not go according to the ancient law of a descent to the Crown: which is, that the Crown by descent must go to the eldest daughter only, as is aforesaid. For great differences be in law, where one cometh to any Title by descent, and where, as a purchassor. And also if the one of those issues female die, than were her heir in the Title, as a several tenant in tail. And so there should follow, that so many daughters, so many general Governors, & so might their issue, being heirs females, make the government grow infinite. Which thing was most far from the meaning of the makers of that Act of Parliament. What if the said King had by his last will disposed that realm into two or three parts, dividing the government thereof to three persons, to rule as several Kings: as for example, wales unto one, the north parts unto an other, the South parts unto the third, and by that means had miserably rend that Realm into parts? Had this been according to the intent and meaning of the said Act of Parliament? Or had it been a good and sufficient limitation in law? No verily, I think no man of any reasonable understanding will so say. And no more can he either say, or think of the remainder limited unto the heirs of the body of the said Lady Francis by the said supposed will. Now to complete and finish this our Treatise touching the Queen of Scotland's Title to the succession of the Crown: as we have done, so let us freely and liberally grant the Adversaries that, which is not true, that is, that the said supposed will was signed with the kings own hand. Let the heirs of the Lady Francis come forth in God's name, & lay forth to the world their demand & supposed right against the said Q. of Scotland's interest. The Queen on the other side, to fortify & strengthen her claim, layeth forth to the open sight of all the world her just title and interest, signed, and always a fore this time allowed, not only as with the Seals, but with the oaths also of all the kings, that ever were in England, taken at the time of their Coronation, for the continuance of the laws of that noble Realm of England, signed and allowed, I say, almost of all the world by sides: yea signed with God and natures own fingers. Her right is as open, and as clear, as the bright Son. Now, to darken and shadow this glorious light: what do the heirs of the said Lady Francis, or others bring forth, to ground their just claim and demand upon? When all is done, they are feign to run and catch hold upon king Henry the eights written will, signed with his own hand. Well, let them take as good handfast thereon, as they can: but yet let them show the said Queen the said original will. It is well known, that they themselves have said, that that to do they can not: Yet let them at least lay forth some authentical record of the same. It is also notorious, that they can not. If then the foundation of their claim, being the will of such a Prince, & of so late and fresh memory made, neither the original, nor yet any good and worthy Record sufficiently authorised, remain of the same: by what colour will they exclude the said Queen? They must claim either by proximity of blood, or by Charter. For the first, nature hath excluded them: Charter they have none to show. They will perchance cry out, & complain of the loss and imbeaseling of the same, and say, that such a casualty should not destroy and extinguish their right. This were some thing perchance, if it were in a private man's case. It were somewhat, if their demand did not destroy the common law, and the law of nature also. It were somewhat, if their supposed Charter were perished, or by any fraudulent means intercepted by the said Queen. Upon whom, in this point, it is not possible to fasten any the very least sinister suspicion. It were somewhat, if they did not aspire to take gain and lucre, or if the Queen sought not to avoid damage. For damage it is, when any person is spoiled of any right due to him by law and reason. And there is a great odds in the consideration of the law and reason, between advancing our gain (& gain we do that, that doth grow & accrue unto us by more gift or legacy, as doth the Crown, Non est par●●●io lu●ra non capere, & damna sentire L. fin C●de odi●il &. I. Pr●●ui●● ff. de damno inject. Inst de legate. Si re●. to these competitors and Heirs of the Lady Francis) and eschewing damage and loss. And loss the law accounteth to be, when we are defeated of our Ancestors inheritance. So that both being put in the indifferent balance of reason, law & conscience: the damage shall overweigh the mere lucre & gain. Yea, I will say more, that in case either the said Queen of scotland, or any other were in possession of the Crown, having no right to the same: yet if the issue of the Lady Francis had no further, nor better right, than these pretended writings, the defendants cleaving to the only possession, were false and sure, and were not bound to show to them their Title. For it is a rule of the law, Liqui accusare C. de edendo Accommodum●inst. de indict. that if the Plaintiff fail in his proof, the Defendant shallbe discharged: yea, though he have no better right, than bare and naked possession. Neither could they any thing be relieved, though the pretenced Record of the Chancery were yet extant, not for such cause only, as we have specified, but for divers other. For it may well be doubted, though the said Record might bear a sufficient credit among the subjects of that Realm, whether it may bear the same against one that is no subject. L. si quis in aliquo documento C. de edendo. Again it is a rule, that the public Instrument, making mention of an other, doth nothing prove against the party, in respect of any thing so mentioned, unless the original itself be produced. If therefore these competitors have lost their instruments and Evidences, where upon they must of necessity build their demand and Claim, to the exclusion of an other notorious right and Title: they must bear the discommodity thereof, that sought thereby their lucrative advancement and commodity: and not the person, that demandeth nothing else, but that to him lawfully and orderly is due. Yea, they, and we to, have good cause to think, that this thing (in case any such will were) is wonderfully wrought by God's permission and providence. For it is almost incredible, to hear and believe, such kind of writings (and in so great & weighty a matter, as this pretenced will compriseth) to be so soon extinguished, and perished, as it were, for special purpose, to preserve to that noble Realm the true and sincere succession of the next royal blood. Which if it should, by certain (I can not tell what) interlined papers & scrolls be derived and transferred to any other wrongful heirs: it would be a wonderful and strange thing to the world to hear, and too importable to that nation of England and their posterity, to bear it. It will then be so far of, that that thing which the Parliament most regarded in this Commission, shall by this pretenced will be procured and purchased to that Realm, as to have a certain known undoubted lawful Governor and King: to have strife, contention & divisions for the Crown cut away: that even the very thing that the Parliament most feared, is most unfortunately & most lamentably like soon to chance. He that remembreth the tragical proceedings of the last (by name, and not by right) King Richard: needeth not greatly to doubt: but that as he could find in his heart, to bastard his eldest brother and lawful king, and to defame his own natural mother as an harlot: even so now there will some be found, that will easily be induced, for advancing & setting forth of their supposed right and Title to the Crown, to seek means, to wring them out that shall justly sit in the royal Throne, & to seek to extort the Crown from their possession. Which unhappy day, if it should once chance (as God forbidden) then may the English nation cri out, and sing a woeful & doleful song: then may the (not without cause) look for the bottomless Ocean sea of infinite troubles, miseries and mischiefs to overwhelm that Realm. The which my mind and heart abhorreth to think upon, and my pen in my hand trembleth to write thereof. Finis. AN EXHORTATION TO THE ENGLISH AND SCOTTISH NATIONS, THAT AFTER SO LONG wars, they would now at last agree, and join together in one true league of fast friendship and amity. IF WE WELL REMEMBER the manifold hurts, and old calamities of this our island Britain: we shall find that nothing therein hath brought forth more harms than hath discord: And on the other side, all ancient histories testify that by concord Cities have been builded: many wars extinct, and most inviolable frendeshippes established. For such is the force of Concord, as all things in the world thereby do (as it were) join hands together with love and liking among themselves. Concord did associate mankind together, which before were dispersed and scattered: So did she teach them to use fidelity one to an other, and to live under a form of policy and Government. In like manner, Concord keepith in a league of love and amity all nations, as French, Spanish, Duche, and the rest: appointing to every one (according to the diversities of matter and place) a several Prince, to maynteane among them one form of a public weal, and to Govern the same in peace and tranquility. Therefore that wise man Lycurgus being demanded of his countrymen the Lacedæmonians by what means they might expel the violent invasions and inroads of their enemies: answered very discreetly: if you will live (said he) in amity among yourselves: and avoid all mutual strife & contention. Like answer was made to Scipio surnamed Aphricanus: who, having by many conflicts daunted the Numantines, and broken their great forces, asked of Tyresius Prince of the Celtanes, how it happened that Numantia which so long time before had been invincible, was at the last overthrown because (said Tyresius) the amity and concord of the Citizens before made them victorious, and now their discord hath brought their destruction. For as there is nothing so weak, & slender, which by concord may not be strengthened: so nothing is so strong, but discord can overturn it. And it is manifestly known what famous common wealths have been defaced and ruined by discord and sedition: and that no Empire is so well fortified, no City so surely established, nor house so firmly builded, but that by hatred and dissension it may be overturned, pulled in pieces, dismembered, and destroyed For discord (as Livy sayeth) maketh two Cities of one. We see how the controversy bettwene the two brothers Aristobulus and Hircanus brought the kingdom of jews in subjection to the Romans: whiles the one called in Pompey for aid against the other. Euenso the dissension of Christian Princes translated the Empire of Constantinople to the tyranny of turks. Yea all Syria was by the noble Duke Godfrey of Bullon recovered, and had been submitted to Christianes', if a sudden discord had not frustrated their victory. Sith than unanimity in love & friendship is of such importance, as thereupon the safety of a common wealth dependeth: we must endeavour ourselves with all industry and travail to cherish, defend, and retain concord among us. Now therefore when I deeply consider with how many and how great benefits and singular gifts almighty God hath endued your Island Britain above many other Countries: I can not but greatly marvel, what should be the cause why you are not more careful to confirm a perpetual peace and amity among yourselves. For you want but this one thing to make you seem the most happy people in the world. This Island is so full fraught with all things necessary to man's use, as nothing is there wanting, which a man may well wish for. First, it is furnished with great store of all things needful, either for man's profit, or for his pleasure: in so much as not only it hath no need of help of other Countries, but it is also able to supply the wants, and to serve the turn of foreigners. And all this fertility and wealth (as in a strong Island environed every way by sea) is sufficiently fenced and fortified, by the natural situation, from all foreign incursions & inroads. beside all this, the commodity of soil and air (be it spoken without offence of other nations) bringeth forth men and women, either in respect of comeliness of parsonage, strength of body, or excellency of wit, so perfect, as else where in any place are hardly to be found. Britain therefore may well be accounted an Island framed by nature and fashioned not only to defend itself, but also to bear a great sway in the world: And not without cause: for the Isle Crete was (in ancient men's opinion) esteemed to be conveniently situated to get and gain the Empire of Grece, by cause it was every way enclosed by sea, being not far distant from Peloponese of one side, & very near to Triopio, on an other side. And by that opportunity Minos' King of Crete became Lord and Sovereign of those seas: invaded the isles adjoining: placed in them new inhabitants, and if he had not died (as Aristotle saith) when he went about to conquerre Sicilia: he was like to have greatly enlarged the kingdom and dominions of Crete. But in how many degrees doth your Isle excel Crete? It is not to be doubted, but that your ancestors had achieved famous enterprises, with great honour, if their natural helps, and valiant attempts had not been frustrated by their Civil dissensions. Well, reason persuadeth me that a special occasion of all your dissensions proceedeth from the multitude of Governors, and from diversity of opinions, and parties among the commonalty: for the regiment of many is very much subject to strife and dissension. Therefore Aristotle, regarding that consonant & uniform agreement of all things which appeareth in the whole frame of the world, setteth down this, for a conclusion, the world was made by one God. And Homer poetically imagining that there were many Gods contending among themselves about the welfare, and wreck of Troy, whiles some were of opinion to destroy the City, and some to save it at last he breaketh out into this exclamation: The regiment of many is not profitable, let one Govern. For where the state is such as many may bear the sway: there oftentimes many controversies do grow, and very hard it is for a society to stand fast and continue: because the more a man exceedeth in haughtiness (or fierceness rather) of mind, less able he is to endure a compeer: according to that saying of the Poet. There is no faith in peers of Royal state, For none that rules can friendly brook a mate: Neither can Caesar yield to any one, Nor Pompey like, but aye to rule alone. These & such like contentions among your Princes have much hindered and disturbed your peace more than two thousand years. In so much as their inordinate desire to rule (which is the very seminary and seed plot of all wars) is by your Riches nourished, and with your great travails, pains, and bloodeshed fostered and maintained. Oh miserable people: Oh wretched & infortunate state, which never could brook good fortune, never would be reform by any necessity, nor was bred by good destiny, but by self will and blindness always overruled. Of truth, it is mere madness to prefer the lust and greediness of a few tyrants before a man's self, and all that is his: and before the safety and liberty of his Country: As they of Sychem did, which upon the dishonest motion of Abimelech submitted themselves unto his government. judic. 9 Methinks that I hear his troublesome and sediouse speech. I am your mouth (said he,) and of your flesh & blood: better therefore it were for you to take me as your king than my brothers, which are foreigners. Whereupon that fond people leaned to him and to his rule and government, and said, he is our brother. Then Abimelech cruelly did fall upon the fifty lawfully borne brothers & mordered them, that he himself, a bastard, might reign alone. Yet God afterward punished that foul fact in Abimelech himself, and requited them of Sichem as they had deserved: for the curse of joathan fell upon them. The like wickedness was in England committed by that mischievous parricide, the Tyrant Richard: who (to gain the kingdom) neither regarded the honour of his brother, then lately deceased: the lives of his noble Country men: the blood of his nephews, the right heirs of the Crown: nor yet the Chastity of their mother the Queen: so great and so impatient desire to rule and Reign carried away the cruel mind of an outrageous Tyrant. But I wot well that none of you at this day do favour such aspiring minds & ambitious desirers of sovereinty, except those which seek their own private gain, by the general discommodity of the whole Isle: and prefer the doctrine of Machiavelli before the institution of a Christian. I hope therefore now that the old reproach that was wont to be objected against the English, willbe quite forgotten. It is a common proverb (saith Polidor) that English men, by an old custom, have least regard of all other nations to the common wealth of their own Country, ever inclined to factions, and by that means have laid their country open to the spoil and pray of their enemies. And this to have happened to that nation, experience teacheth us. For in the beginning of that kingdom (as Polidor in his first book reporteth) when every mighty man sought to be a king, great civil wars continued there so long, till at the last the whole Soveraingntie came into the hands of five tyrants. Therefore through domestical trouble and sedition it was then a barbarous cruel age. For these, inflamed with ambition to rule, and incensed with mutual hatred among themselves, afflicted the inhabitants of that country miserably. But at last when they had destroyed one an other, the whole government of the common wealth was referred to one of the same country, and by him all things were reduced to unity: and after long wars, peace was established. Cornelius Tacitus making mention of the factions of those rulers, sayeth, that the Britaines were so diversely minded, and distracted in such and so many parties, as scarcely any two Cities would join together against a common peril: and thus, whiles one did strive against an other, they went all to wreck. Beside all this, the like dissension falling among your Ancestors, the Britain's of the South and the Britaines of the north (now called Scots) brought the kingdom of the one side unto the english saxons. For these being called in by the Southern Britain's to aid them against the Scottish, turned their weapons against the Southern, & spoiled them of their kingdom. Thus by experience the Britain's found these words to be true (which Vigetius sayeth) civil hatred maketh men rash to annoy their enemy, and heedless to defend themselves. But those English saxons (when they had gotten the kingdom) were by discord and factions very soon divided: in so much as of one kingdom there did seven arise, and so many kings withal: by whose dissensions the public weal was a long while dismembered, till at last after many years the Sovereignty of all came to Egbert alone. He was the first that called the Southeparte of Britain by the name of England. Now than the English saxons recovered a force and waxed strong. Vhereupon the scottish Britain's under the government of king Achaius (doubting that the saxons would seek to tyrannize over them, as they had over the others) entered in to a firm & perpetual league of alliance & amity with Charles the great, called Charlemagne King of France: to the end that those two nations, French and Scottishe, should from time to time for ever, aid and succour, one an other, against their common enemy. By occasion of a like dissension that fell among these english saxons, the Danes, under conduct of king Swain, bereft the saxons of the kingdom of England. And at last the normans under the leading of Duke William the Bastard, conquered the Realm of England. And since that time hitherto the whole Island hath remained under the government only of two kings. who nevertheless, being so few, could not yet keep peace and concord among themselves. But if a man will seek to know a reason why Britain can not brook the regiment of many Sovereigns, as Germany, Italy, and the famous state of venice do: he shall find (even among them) that there is but one which is the head. For though the Princes of Germany Live in great Liberty: yet are they nevertheless all subject to the authority of one Emperor: a thing very commodious for preservation of peace and concord among them. And (for truth) in Italy, there is no stayed form of Government, sith it is subject to the rule and dominion, not of one, but of many: in respect whereof some writers are of opinion that it is less fortunate, if not miserable. As for the state of Venice, Conteranus hath in effect witten thus: For so much (saith he) as every City by peace and union in mind and consent, is compact and built: and that this uniformity in consent and will can not be retained except some one person have a pre-eminence over all other, aswell magistrates as Commons: which may, as it were, of many several dispersed members, fashion and frame one entire body: It was therefore most wisely provided and ordained by our predecessors that in our City there should be a certain Royal power, & that one should be chosen, which should be called Prince or Sovereign. Hereupon I think it clear & manifest, that the Sovereignty of one only person is of all other most necessary for a common wealth. And this plainly maybe perceived not only in civil policy, but in other matters also. For by the providence of one God the whole world is ruled: so is the body of man by one soul governed: a ship by one master is guided: and one household or family is directed by one father: whereupon it followeth, that your Isle of Britain can not commodiously be governed by many Sovereign's. This affection therefore to faction and contentious parttaking is to be of all men eschewed and abhorred, specially of those which are brought up in the house of God. For it is their part & duty (all partiality & private quarrels set a side) to move and exhort others (as Saint Augustin did) to all things that among christians serve for the abolishing of strife, and establishing of concord: which is nothing else but a quietness and peace of mind, fastened and fortified with the bond of love and Charity: and such a one as hateth all enmity, and privy grudge, and loveth all alike. For Charity (as Saint Paul sayeth) is patiented, 1 Cor. 13. benign: Charity envieth not, dealeth not perversely, is not puffed up, is not ambitious: thinketh not evil: rejoiceth not upon iniquity: but rejoiceth with truth: suffereth all things: believeth all things: hopeth all things: beareth all things. If you embrace this sentence: you will soon lay aside all hatred: disbourden your minds of all disdain and arrogance: and cast away your mad armure, wherewith hitherto you have vainly contended: and without all fraud and guile you will establish a perpetual, Christian, profitable and assured peace, under the quiet and steadfast government of one Prince. For so doth both honesty and profit admonish us to do: all our own, aswell private as public affair require and exact the same: and (which is more) almighty God doth so charge and command us all to do. Now then, who so ever repineth against these things, is not to be called the child of God: for he loveth not peace: neither ought good men to accompany any such persons, but rather to banish them and all their Schoolmasters, as most cruel enemies to the City of God. For their doctrine destroyeth the foundations of the society of mankind, & advanceth Tyranny. Among these men there is no regard to the safety of Citizens, nor love to their native country: no care of religion, nor of true service & obedience to God: but such an in ordinate desire to rule and reign they have; as will usurp all things, take away the lives of honest Citizens: destroy their Country, and contemn all Religion: As that fowl monstrer Caesar Borgias did, whom a certain Atheist greatly extolleth as a most perfect pattern for Princes to follow. But for the avoiding of these enemies to God and man, we have a very wise admonition of the Christian philosophor Saint Bernard. Fear not (sayeth he) that it is against Charity, if by offending one thou cannest make peace for many. And Tully giveth a good lesson for all true Princes to take hold of: That Loftiness of courage (saith he) which is tried in perils, and hard adventures, if it want justice, & feighte not for the public commodity, but for private gain, is not only no virtue, but rather a beastly fury, raging against all humanity. We will therefore (sayeth he) account them only to be stout and valiant men: which are good men, friends to truth, not deceitful but plain dealers. Of which opinion Edward king of England seemed to be. For in his banishment he used oftentimes to say, that he had rather always live a private life, than to recover his kingdom by the slaughter of men: A very excellent saying truellye and well beseeming so noble a King. Let us therefore root out of our public weal these disturbers of common peace, that it may more easily be conjoined and fastened in an assured amity and agreement. Which thing the better to obtain, we must use the advise and counsel of a certain philosophor. We affirm (sayeth he) that, Cities are in peace and good concord, when in public & necessary affairs they are all of one mind, take all one advise, and execute that which by common consent is allowed and agreed upon: As for example, when it pleaseth the Citizens to appoint certain officers, or only Pittacus to have the rule over all: but when both covet to enjoy the Government (as Oteocles & Polynices did in Phoenicia) then ariseth sedition. For that civil concord is in deed termed freendshipe, which can not be retained but only among honest men. Because such as are honest are at peace within themselves and with others also, by reason that their wills abide always firm and steadfast, not ebbing and flowenig like the river Euripus. It happeneth otherwise among the wicked: for they can not long agree together: because in their manner of governing the common wealth, they seek all their own Private commodity, and bestow as little pains expenses & charges as they can: whereupon followeth privy grudges and seditions, whiles they endamage and hurt one an other: & every man neglecteth his own duty: and so the common state perisheth when none goeth about to protect it. Thus much the Philosopher. But touching the friendship which we speak of, it is much more easily to be procured, compact, & ratified among you, because all those things concur in you that are requisity and commodions to the union of men's minds and consent in firm love & amity. For there is among you one stock and kindred, one alliance, and affinity: one language: and almost one and the same course in manners, conditions, customs & laws: one and the same favour in countenance, like attire, like behaviour in body, and likeness in parsonage. Yea all things else what soever, tending to the creation and preservation of a perpetual peace and concord, concur and meet together among you, more fitly than among other nations, which in old time differed much among themselves aswell in their native soil customs and laws, as in their language, affinity, and alliance, and yet at this day nevertheless are reconciled, accorded, and united in a civil consent and agreement, under the regiment of one Prince. Yet some of you perchance will think it unpossible for that people long to continue in perfect amity, which in so many years and aiges have practised them selves one against an other, with fire and sword, turning the world upside down in trouble and confusion by mutual wars, spoils, malice, deadly fede, murders, and all Kinds of hostility: sith generally man's nature can not suffer so great injuries to be forgotten: & sith the natural conditions of both those nations seem to be such, as either of them had rather suffer ten thousand deaths than to be subject to a Prince borne in the others province: because they would not seem to be under subjection of their ancient enemy, after so long contention for the Sovereignty: and so therefore, the English nation will by no means be subject to a Scottish Prince: nor yet the Scottish nation to an English. And it may be that some wicked Atheist, preferring his vain glory, ambition, and proud haughty mind before the good state, and safety of a public weaie, would subscribe, perhaps, and Yield to this opinion: and yet is it a very absurd opinion and contrary to all wit and reason: even as if one of your mariners in a great stormy tempest would say that he had rather be drowned with the ship, than suffer it to be governed by any of his mates. But perhaps this fellow will urge further, and ask how it can be that the English & Scottish will agree together sith the Scottish have ever preferred their league of alliance with the french nation before the neyghbourhoode and friendship of the english? For in despite of the English they entered in a league of friendship with the French, seven hundred years a go and more, which they have kept inviolable to this day. And in our days when there was great hope that the whole Island would have been induced to the regiment of one Prince by the marriage of king Edward the sixth and the now Queen Marie of Scotland: The Scots, though they had before assured her to King Edward by a common promiss, delivered her over nevertheless to the King of France. Therefore it was their fault & not the fault of the English, that the amity so much expected between them was hymdred. But touching that league which was made with the french, it was greatly desired both by the french and by the Scottish (as I said before) not in despite of the English, but for their own safety. For if they had not done so: the Scots, aswell as the other Britain's, had been driven out of their country, by that foreign and Barbarous nation, the English Saxons. And the of that Marriage proceeded of the english: whose use is to seek to win that of the Scots by menacing words and force of arms, which they should desire by fair means, & terms of friendly good will. And there wanteth not occasion to suspect that they did it of purpose, to the end that by breaking of that marriage, some of them might have a more ready access to the usurpation of the Crown of England. How soever it was, the scottish Nation was not minded to yield by force, and yet scarce able to forbear, were constrained to crave aid of the French: which they could not obtain, unless they sent their Queen into France as an hostage for their fidelity. But there was nothing that the Scottish nation more esteemed and desired at that day, than the union of those two regions by that marriage, as may well be proved by the common opinion and saying of the people there, before the matter was attempted by way of force and arms: we understand the English man's language (said the people) & they ours: we inhabit all one Island: and almost in nothing do we differre, but that we are governed by two several Princes. And in deed it is evidently known that the Scottish Nation many years before did greatly desire and wish this manner of conjunction in amity: and namely at such time as they married the noble Lady, Margaret, (the only heir of the crown of Scotland, daughter of Alexander their King,) to the first King Edward of England. By which marriage those two kingdoms had been united, had not that noble virgin deceased before she came to the fight of her husband. Seeing then the case thus standeth: there is no cause why either the English or Scottish should upbraid or reprove one an other: but they ought rather to agree all together in one voice and consent, that (if there were none alive, to whom the Sovereignty of the whole Island by right could belonged) one general Prince over all might be elected by voice or lot: So as at last the whole weal publicque and people might enjoy perpetual peace, and be no more with partial parttakinge, sects, & factions, disturbed: Even as we read that the Persians in old time very providently in a like case used themselves. For (as justine reporteth) when they had slain their Mages: great was their glory and renown for the recovery of their Kingdom, but much greater, for that in contending about the government they could agree among themselves. There was among them many equal in virtue and nobility, as it was hard for the people to make an election of a governor. Therefore their nobility devised among themselves an indifferent mean whereby to commit the judgement of their worthiness to their gods. They agreed among themselves on a day appointed, to lead all their horses before the Palace early in the morning: and that he whose horse first did neyghe before the rising of the sun, should be king. The next day after, when all were assembled at the hour appointed, the horse of Darius' son of Hydaspes did first neigh, and gave that happy sign of good fortune to his master. Immediately the modesty of all the rest was such, as upon the first heearing of the good notice so given they all leapt from their horses, and did their homage to Darius as to their King: and all the commons foloweing the judgement of the nobles willingly confirmed the election, & accepted him for their Sovereign. Thus the kingdom of Persians (whereof at one time there was seven noble competitors) was in a moment reduced to the regiment of one. And this they did with such incredible zeal and piety towards their Country, as for the delyverey thereof from trouble and misery, they could have been content every one to have lost his life. Thus far justin. Immortal is the honour and renown of those noble men, which willingly preferred the welfare of their country before their private ambition. But almighty God hath eased you well of this doubt. For he hath Laid it open before your eyes, what person it is, to whom the Sovereignty of the whole Island, even by the laws of the realm, after the decease of the now Queen of England, without lawful issue of her body ought to descend and come: I mean the most noble Lady mary, the worthy Queen of Scotland: whose apparent piety and unvincible constancy in adversity, universally well known and talked of through the whole, world doth give a plain demonstration, how vain and frivolous the judgement of those men is, which repress and reject the Regiment of women. To this Lady therefore may the regiment of the whole Island at length descend, according as it was once before to her adjudged by the sentence of her great grandfather King Henry the seventh, and of his counsel, as Polydore reporteth. King james of Scotland the third (saith he) did honourably intertein Richard Fox Bishop of durisme, Ambassador sent to him by King Henry the seventh: and at their first meeting, he showed himself much grieved for the late slaughter of his subjects, but easily he remitted the injury. Afterward when they were together alone, the King told him how ancient and just causes of friendship had been between King Henry and him: and how greatly he desired the assurance thereof, that they two might be tied together in a more fast knot of love and amity: which out of doubt will follow (said the King) if King Henry would bestow on him his eldest daughter, the Lady Margaret in Marriage. To this the Amhassadour answered coldly, but yet promised his help and furtherance: and put the King in good hope of the matter if he would send an Ambassador directly to that end. The Ambassador upon his return home reported to King Henry the whole matter, which pleased King Henrye wondrous well, as one which delighted much in peace. Within few days after this, the Ambassadors of King james came to request the Lady Margaret in Marriage. King Henrye after audience referred the matter to his counsel: among whom, some there were which suppected that the kingdom might in process of time be devolved to the same Lady Margaret: and therefore thought it not good to marry her to a foreign Prince: whereunto the King made answer, and said, what then? If any such thing happen (which God forbidden) yet I see, our kingdom should take no harm thereby: for England should not be added to Scotland, but Scotland unto England: as to the far most noble head of the whole Island: for we see it so fallen out in all things, that the less is for honour sake ever adjoined to that which is far greater: as Normandy in time past came to be under the dominion and power of the Kings of England, our ancestors. The Kings judgement was greatly commended: the whole counsel approved the matter with a full consent: and the said Lady, and virgin, Margaret was married to King james. Thus far hath Polidor. These are words of great importance, & put our matter clear out of doubt: for here it appeareth that the case solemnly in council by a wise and prudent King, with wise, grave, and learned Counseilours was debated and with great wisdom resolved & concluded: and to this some lawyers of that land give great authority & credit. Thus it is evidently declared who are the true heirs of the Crowns of England & Scotland: and that the said marriage of james the fourth and the said Lady Margaret is to be accounted a most fortunate benefit to the whole Island. For if it be true (as in deed it is) that the marriage of the seventh King Henry with the daughter and heir of King Edward the fourth, was to be esteemed as a most happy commodity to all England, because it did cut of and dissolve all those tumults and seditions between the houses of York and Lancaster which so many years had miserably afflicted all that nation: I pray you what reckoning is to be made of the matrimony between King james the fourth of Scotland & the Lady Margaret daughter to the King of England, sith now at last by the benefit of this marriage, both England and Scotland may be quite rescued and delivered from those most mortal wars, and intestine dissensions, which for pre-eminence sake have been so long continued and maintained? A happy prince therefore to England was King Henry the seventh, for that by him almighty God abolished all seditions, and united the two houses of york and Lancastre. But most fortunate & most gracious shall the renowned Queen Mary of Scotland be, & her most noble son king james also, to the English and Scottish Nations: if by them two the same God shall bring the said two several kingdoms to a perfect unity: reduce the whole Isle of Britain to his most ancient estate of dignity, and deliver it from all civil wars and Barbarous cruelty. Embrace therefore (ye Britaines of all mortal men most fortunate) and take hold of this singular great benefit, when the same by the grace of the everliving God shallbe bestowed upon you: and in the mean time & ever yield ye to him most humble & most hearty thanks, for that he of his infinite clemency and benignity hath at last produced out of booth you bloods, a Prince, by whose help your domestical troubles and dissensions may be extinguished: & a place left for this divine law of peace and amity to be planted, & by the same law a sovereign safety, and welfare of all the people established. For the welfare of the people consisteth 〈◊〉 in peace and concord. But perpetual peace and quietness can not be among you, except these two Realms be combined and made all one. For the force of unity is such as the preservation thereof is the utter most end that nature intendeth. here-hence also groweth among men charity, love, & friendship, so far, that many minds are become all as one: first to remember that they must be truly men in deed: and then that they lead a good & blessed life, which is the last end and perfection of mankind. Scythe therefore the matter goeth so: if you will follow God and the law of nature: if you desire the safety and welfare of your country: if you will live well and fortunately in this world, and at last enjoy the perfect bless of eternal felicity: you must enforce yourselves with all labour, industry and diligence, that this dispersed people may be called together, under the regiment of one rightful Prince, and Catholic Religion of their ancestors. This will please almighty God, and bring great tranquility, peace, & quiet to yourselves, and to all the people of England, Scotland, and Yreland. And that it may so be, let us all continually pray to almighty God the supreme governor & ruler of the whole world. Amen.