A TREATISE DECLARING, AND confirming against all objections the just title and right of the most excellent and worthy Prince, JAMES the sixth, King of Scotland, to the succession of the crown of England. WHEREUNTO IS ADDED A DISCOURSE Showing how necessary it is for the Realm of England, that he be in due time acknowledged and admitted to the succession of the Kingdom. The Preface. SING the great diversity of opinions, which is found in men of all Estates throughout this Realm, concerning the Royal succession, and foreseeing the manifest danger of civil and foreign wars which thence are like to ensue, to the notable hurt and damage, if not to the utter ruin of this noble Kingdom; except the subjects thereof be in due time rightly informed to whom by right the crown falleth, next after her Majesty: I thought it my duty, being a member of one body with them truly to inform so many of them, as I might, concerning this matter, by publishing this treatise; wherein the right of the next lawful successor is declared, and confirmed against all objections. And for that I know it to be the opinion of sundry men, that in this present controversy it is not only to be considered, to whom by right the crown appertaineth; but also whether his admission may be available or hurtful to the common wealth: I thought good to add to the said declaration, & defence of his right, a discourse showing how necessary and expedient it is for the common wealth, that he be in due time acknowledged and admitted to the succession of this Kingdom. Both which parts I have briefly handled, thinking it enough to prove and confirm them with a competent number of weighty and forcible arguments, the rather for that the former part hath been more at length declared and confirmed by others in treatises already published: and the other point is of itself so clear and manifest, as fewer reasons than I allege may be sufficient for the certain proof and evidency thereof. I hope, that you (my dear countrymen) for whose instruction and behoof I have published this little pamphlet, will thankfully accept this my good meaning and honest endeavour, making your profit thereof by embtacing and furthering so just and honourable a cause, as is here recommended unto you, and procuring thereby (together with your own safety and advantage) the peace, honour, & prosperity of this your native country. With which happy foresight beseeching God to endue you, I heartily bid you farewell. IRENICUS PHILODIKAIOS. The right of the King of Scotland by descent of kindred is declared. BEing to declare who by all right is next to our sovereign Lady, Queen Elizabeth, in the succession of the kingdom, I thought it needless to draw the descent of such, as with any reason or probability may after her majesties decease lay claim to the crown, further of, than from the union of the houses of Lancaster, and York, in the persons of the most renowned King Henry the seventh, and of Elizabeth, eldest daughter to King Edward the fourth, right and lawful heirs of both the Royal families. For, as for the Earl of Huntingdon, and others descended from George Duke of Clarence, youngest brother to King Edward the fourth, they may not justly be grieved, if they be placed in rank after such as are lawfully descended from the heir of their own house of York, joined in marriage to the head of the family of Lancaster. And as for the king of Spain, and his sister the Infanta, for whom far sought titles have been forged by some fugitive Persons of our own nation, desiring for the alteration of Religion, to make this flourishing common wealth a pray to the enemies thereof; I am persuaded there is none, that hath the heart of a true subject, or natural Englishman, how soever he be affected in Religion, that will not utterly abhor and detest the defending, or approving of any such titles, tending to the great dishonour and utter subversion of this Realm, and to the notable disgrace of so many worthy Princes, as since the time of King Henry the sixth hitherto therein have reigned. But desisting from the mention of titles no les false, than odious, I come to the orderly descent of Henry the seventh's progeny. King Henry, the seventh of that name, had issue by Queen Elizabeth, besides Prince Arthur, and an other, who deceased without succession, Prince Henry, Lady Margaret, and Lady Marie. King Henry the eight, who succeeded to his father, had issue King Edward, Queen Marie, and Queen Elizabeth now reigning. Lady Margaret, eldest daughter to King Henry the seventh, was married to james the fourth, King of Scotland, who begat on her james the fift, father to Marry Queen of Scotland, & Dovagier of France: whose only son and heir is King james the sixth, who at this present reigneth, and hath already issue Prince Henry, Lady Elizabeth, and another daughter. The said Queen Margaret, after the death of King james the fourth, was married to Archibald Earl of Angus, and by him had a daughter called the Lady Margaret Douglas, which was wife to Matthew Stewart Earl of Lenox: by whom she had two sons, Henry Lord Darlie, and Charles: whereof Henry being the elder was joined in marriage to Marie Queen of Scotland, and of her begat the king that now is: And Charles, the younger brother, married Elizabeth, the daughter of Sir William Candish; by whom he had one only daughter yet living, named the Lady Arbella. Marry, the younger daughter of King Henry the seventh, after the decease of her first husband, Lewes the twelfth, King of France, by whom she had no issue, was married to Charles Brandon Duke of Suffolk, by whom she had two daughters, Lady Frances, and Lady Eleonor. The Lady Frances was married to Henry Grace, Marquis of Dorcester, afterward Duke of Suffolk: who begat of her three daughters, jane, Katherine, and Marie. The eldest of them, Lady jane, was married to Gilford Duldey, the son of john Duke of Northumberland, of whom she had no issue, being soon after her marriage put to death by Queen Marie, for taking on her the crown. Lady Catherine first espoused to Henry Harbert, eldest son of William Earl of Pembroke, this contract being dissolved, had by the Earl of Hartford, after a privy contract made betwixt them, as they both alleged, the Lord Beauchamp, and his brother, who are yet living. Lady Marie the youngest, who was betrothed to Arthur Lord Grace of Wilton, died without issue. Lady Eleonor, the second daughter of Lady Marie Duchess of Suffolk, was married to Henry Clifford, earl of Cumberland: who had by her a daughter named Margaret, that was married to Henry Stanley, earl of Derby: by whom she had issue Fernande, William, and Frances. This is the orderly succession of such as are descended from the union of both the Royal families of York, and Lancaster: whereby it is evident, that the issue of King Henry the eight failing in our sovereign Lady, Queen Elizabeth, the right of the crown by descent of blood falleth upon JAMES the sixth, King of Scotland, by lineal succession heir to the Lady Margaret, eldest daughter of King Henry the seventh, aswell of his father's side, as of his mothers. The truth whereof being so manifest, as it can not be denied, some favourers of the house of Suffolk, and others allege certain impediments to debar him from his right. If I would follow the example of others, and especially of such as maintain the false titles of the King of Spain, & his sister, I might allege impediments of no little importance against the titlers of the foresaid house of Suffolk. But the King of Scotland's right needeth no furtherance by staining of any others birth or honour, by reason that the objections which are made against him being disproved, as easily they may be, his right by descent of blood can not with any reason or probability be brought in question. The impediments objected against him are in number three; which (God willing) I will sufficiently disprove, eschewing, so far as I may, all tediousness. The first is foreign birth: the second a pretended testament of King Henry the eight: the third an act of association, alleged to have been made in Parliament the 27. year of her majesties reign. THE OBJECTION OF FOREIGN birth is clearly avoided. THE first by such as object the same is grounded upon an alleged maxim or general assertion of the common law: which is, that who soever is borne out of England, and of father & mother not being under the obedience of the King of England, can not be capable of any inheritance in England. Hereunto I answer that this maxim is untrue in that general sense: as it appeareth expressly by that which is set down by law in the seventh & ninth years of King Edward the fourth, & in the eleventh and fourteenth of King Henry the fourth: That a stranger may purchase land in England, as also that he may inherit by his wife, if he marry an inheretrix. But the true maxim or rule against the inheritance of strangers is grounded only upon a statute, made in the 25. year of King Edward the third, and is to be restrained unto proper inheritances only: to wit, that no person borne out of the allegiance of the King of England, whose father and mother were not of the same allegiance at the time of his birth, shall be able to have, or demand any heritage within the same allegiance, as heir to any person. Which rule for sundry reasons can not be prejudicial to the King of Scotland's right. First, for that it is a common and general rule of the Law of England, that no rule or maxim of the law, be it never so general, can touch or be understood of matters concerning the crown; except express mention be made thereof: and that the crown is privileged in many points above private heritage's. The second reason is, for that the demand & title of a crown can not be comprehended under the words of the foresaid statute against aliens; and that for two respects. First, for that the crown can not properly be called an inheritance of allegiance, or within allegiance (as the words of the said statute do stand) for that it is not holden of any superior, nor with allegiance, but immediately of God: and secondly for that the statute meaneth plainly of inheritance by descent; for otherwise, as is said, an alien may hold by purchase. But the crown is a thing incorporate, & descendeth not according to the course of other private inheritances, but rather goeth by succession, as other incorporations do. In sign whereof no King can by law avoid his letters patents by reason of his none-age, as other common heirs under age do. But he is ever presumed to be of full age in respect of his crown. And as a Parson, Deane, or other head incorporate, though he be an alien, might inherit or demand lands in England for his incorporation, notwithstanding the former statute: so much more the inheritor to the crown, though he be borne out of the dominion of England, may (notwithstanding the said statute) succeed justly to the kingdom. The third reason is, that in the statute itself there is express exception of Infants du Roy: by which words (according to the use of them in the french language wherein this statute is written, as also of the word Liberi in latin) is understood not only the King's issue of the first degree, but also his offspring in other degrees following. For otherwise this exception would be to no purpose; considering that according to the words of the statute, Subjects children in the first degree, borne out of the King's allegiance, may have or demand heritage's as heirs to their parents, or others. Also, the King's children in the first degree needed no such exception, because the words of the statute debarring those that should be borne of parents not being of the King's allegiance, could no wise be prejudicial to them, but rather to those of the King's offspring, who in degrees farther removed might be borne in foreign dominions: as sundry of king Edward the thirds offspring were, coming of his sons married in divers countries: for whose behoof especially it seemeth that this exception was added by him to the former statute. And if this exception of infants du Roy be understood only in respect of private heritage's, that may fall to them, (in which only sense it seemeth to have relation to the words of the statute, making mention of heritage's within the king's allegiance) how much more is the privilege contained therein due to the inheritor of the crown, who by all right and equity may claim a greater prerogative in his succession to the kingdom, than any other of the king's offspring in his private inheritance? The fourth reason is, that sundry borne out of the Realm, and of parents that were not of the allegiance of England, when they were born, as namely king Steven, and king Henry the second, were admitted to the crown, without contradiction in respect of their foreign birth. Which argueth that by the common course of our old common laws there was no such stop against aliens, and that if the statute made in King Edward the thirds days, would have derogated or abridged this ancient liberty, it would have made special mention thereof, which it doth not. The fifth reason is the judgement of King Henry the seventh, and of his counsel concerning this matter. POLID. VERG. hist lib. 26. For, they being in consultation together about the marriage of Margaret, the king's eldest daughter, with james the fourth at that time King of Scotland, some of them moved a doubt, to wit, what should ensue, if by chance the King's issue male should fail, and the succession descend to the said Margaret, as it now doth. Whereunto that most wise and prudent Prince made answer; That if so it chanced, England, being the chief and principal part of the Island, should thereby receive no damage, but rather great advantage; for that it would draw to itself the kingdom of Scotland, as before it had done Normandy, and Aquitaine, with other provinces: the which answer gave full satisfaction and contentment to the counsel. The same answer also, both in respect of the truth thereof, and of the person that made it, may justly persuade us, that the admission of the King of Scotland to the crown is no wise unlawful, or prejudicial to the public weal. But besides all these reasons showing manifestly, that neither by any maxim of the common Law, nor by the words of the alleged statute, nor yet by the practice and custom of our Realm, an alien may be repelled from succession to the kingdom, when by right of blood it falleth to him; there are other two reasons, which in particular make for the King of Scotland. The one reason is, that Scottishmen are in our Chronicles accounted as subjects by way of homage, howsoever they deny it: In respect whereof it seemeth that the ancient records, making mention of service to be done within this Island, contain the french words, Dens les quatre mers, or the latin, Infra quatuor maria, within the four seas: in which bounds Scotland being within the North sea is comprised. The other reason is, that the former statute of king Edward the third is entitled, Of them that are borne beyond the seas: and that in the body of the same statute the doubt is moved of children borne out of the allegiance of England beyond the seas: whereby can not be understood Scotland, it being a part of the same Island. By all which reasons the objection of foreign birth is clearly and sufficiently avoided. Wherefore I go on forward to the confutation of the pretended Testament of king Henry the eight. THE OBJECTION OF KING Henry's pretended testament is confuted. IN the 28, and 35. years of King Henry's reign, upon some doubt, which then he himself seemed to have about the order of succession in his own children, and for taking away all occasion of controversy which after his death might arise thereupon, the Parliament gave authority to the king to debate and determine that matter himself, wirh his learned counsel, who best knew the laws of the Realm, & titles that any might have to the crown: and what succession he should declare as right & lawful, under his letters patents sealed, or by his last will and testament lawfully made and signed with his own hand, that the same should be received for good and lawful. Upon pretence whereof soon after the king's death there was showed a will with the king's stamp at the same, & the names of diverse witnesses, wherein the succession of the crown, after his own children, was assigned to Lady Frances, and Lady Eleonors successors, who were nieces to the King by his youngest sister. Which assignation being, as it were a mere gift made to Frances, and Eleonor in prejudice of his eldest sisters right, was found to be against all law, reason, and nature; and therefore not thought to proceed from so wise a Prince as king Henry was; but rather forged, and the kings stamp set to by others, either when he was past understanding, or after his death. And hereof there want not most evident reasons, and proofs: First it is not credible that King Henry would against law and justice disherit the line of his eldest sister, and so give occasion of civil and foreign wars, especially seeing in such a case of so apparent wrong in so great a matter, he might well foresee, that the authority of a Parliament would take little effect against the true & lawful inheritor, as appeared not long before in Henry the sixth, Edward the fourth, & Richard the third. In whose reigns diverse and contrary Parliaments made against the next inheritor held no longer with any of them, than while he was able to make his own part good. secondly, there be many incongruities and indignities in the said pretended will, to proceed from such a Prince, as King Henry was. For, what can be more ridiculous, than to give the crown to Frances and Eleonors heirs, and not to themselves? And yet by this Testament the son of Abraham Stokes (who married the same Frances after the death of her first husband the Marquis of Dorset, being but her own servant) should have claimed before her, if he had had any by her. Of like absurdity is it, that in the same Will the King is said to bind his own daughters to marry by direction of his counsel, or otherwise to lose the benefit of succession: whereas the daughters of his nieces Frances, and Eleonor, were not bound thereby to any such condition. thirdly, there be diverse arguments alleged in law, why this Will is not authentical. First, for that it is not agreeable to the mind and meaning of the Parliament, which intended only to give authority for declaration of the true title, and not for donation or intricating thereof. Also, for that there is no lawful or authentical copy extant of the same, but only a bare enrolment in the Chancery; which is not sufficient in so weighty an affair: no witness of the privy counsel, or of the nobility to the same, which could not have wanted in so great a cause (for the best of the witnesses therein named was Sir john Gates, whose miserable death is well known:) No public notary, nor probation of the will before any Bishop, or any lawful court appointed for that purpose: no examination of the witnesses, or other things ordinarily done for lawful confirming of such a matter. But of all other things this is of most importance, that the King never set his own hand to the foresaid Will: but his stamp was set thereto by others, either after his death, or when he was past remembrance: which is confirmed by witnesses far more worthy credit, in respect of their degree and reputation, than Sir john Gates, & the others whose names were subscribed. For first the Lord Paget in the beginning of Queen Mary's days, being of her privy counsel, discovered the same of his own accord, and upon mere motion of conscience, confessing before the whole counsel, and after before the whole Parliament, how that himself was privy thereunto, and partly also culpable, being drawn thereto through the instigation & forcible authority of others. Also Sir Edward Montague, Lord chief justice, that had been present and privy to the same doings, and one William Clerk, that put the stamp to the paper, confessed the whole premises to be true. Upon which discovery Queen Marie, & her counsel caused presently the said enrolment lying in the Chancery to be canceled, defaced, and abolished. And since that time in her majesties days that now liveth, about the 11. or 12. year of her reign, by occasion of a certain book spread abroad at the same time very secretly, for advancing of the house of Suffolk by pretence of this Testament, the Duke of Norfolk, the Marquis of Winchester (which then was Treasurer) the Earls of Arundel, and Pembroke, together with his son, and my Lord of Leicester, with others met together upon that matter. And after long conference about the foresaid pretended Will, and many proofs laid down why it could not be true; the old Earl of Pembroke protesting, that he was with the King in his chamber from the first day of his sickness to the last hour, and that thereby he could assure them this pretended will to be false, and counterfeit; at length by some of them it was moved, that from that place they should go with the rest of the Nobility, and proclaim the Scottish Queen heir apparent in Cheapside. And albeit, for some causes to themselves best known, they proceeded not in publishing of the same: yet my Lord of Pembroke now living can bear witness, that this much is true, & that his father the old Earl told him openly at that time before the noble men, that he had brought him to that assembly, to instruct him in the truth, and charged him to witness the same, & to defend it also with his sword, if need required, after his death. The remembrance and due regard of which admonition as yet, no doubt, remaineth in the mind of that noble man. All these reasons and proofs being more than sufficient to disprove this pretended Testament, I proceed forward to the confutation of the third and last objection. THE ALLEGED ACT OF ASSOciation is disproved; and upon occasion offered thereby is declared the great force and prerogative of right by inheritance to the succession of a Kingdom. THE third objection, which is an alleged act of association, is urged by a fugitive and seditious traitor, disguising himself under the name of Dolman, in a conference which he hath published touching the Royal succession: wherein going about to disprove the right and titles of all such as are extract of the blood Royal, since King Henry the sixth, and to curry favour with the King of Spain, and the Infanta, by forging them titles and interest to the crown of England, he showeth himself most malicious against the King of Scotland above all others, moving doubts and surmises, though full of notorious vanity and falsehood, to bring his right in question, & to disgrace his person: for that he is assured nothing will so much overthwart the desire, and purpose, that he, and his like have of betraying their native country to the enemies thereof; as the acknowledging & accepting of the King of Scotland for right and lawful inheritor to the crown. But the only objection which he avoucheth (how shameless soever he be) to be such, as can not be answered, is an act of association, alleged by him to have been made in Parliament the 27. year of her majesties reign, containing these words: That whosoever shall be convinced to conspire, attempt, or procure the death of the Queen, or to be privy, or accessary to the same, shall lose all right, claim, or action that the same parties, or their heirs have, or may have to the crown of England. Whereunto he addeth, that upon this statute the late Queen of Scotland being condemned, and executed by authority of the said Parliament, it seemeth evident that this King, who pretendeth all his right to the crown of England by his said mother, can have none at all. This is the some of Dolmans objection: which is clearly disproved by the manifest untruth of that which he allegeth. For neither any such act of Parliament hath ever been made, neither also is it true that the king hath no other right to the crown of England, than by his mother: for that he may likewise justly claim the same by his father, as appeareth manifestly by the descent of kindred set down in the beginning of this treatise. The ground, whereon Dolman hath devised his forged act of Parliament, was an act or Instrument of association made by some Lords of the counsel not long before the Scottish Queen's arraignment: wherein were contained certain promises to be made for the preservation of the Queen's majesties person, by such, as should subscribe thereunto. Among which promises one is, That they shall never desist from all manner of forcible pursuit, to the uttermost extermination of all such persons, or their abettors, that shall by any act, counsel, or consent do any thing, that shall tend to the harm of her majesties Royal person. And if any such wicked attempt shall be taken in hand, or procured, whereby any that have, may, or shall pretend title to come to the crown by the untimely death of her Majesty, so wickedly procured, may be advanced: they bind themselves jointly, and severally never to accept, allow, or favour any such pretended successor, by whom, or for whom, any such detestable act shall be committed, or attempted: or any that may any way claim by, or from such a person, or pretended successor. This act of association being sent throughout the Realm to be with oath ratified and subscribed, was by sundry men of honourable degree, and good conscience thought so hard and wrongful, by reason of the clause concerning such as might claim by, or from any person culpable of any attempt against her majesties person, as they refused their oaths & subscription thereunto. Whereupon the next Parliament following an act was made, limiting and restraining this penalty and exclusion only to those pretenders, By whom, or by whose means, assent, or privity any invasion, or rebellion shall be had, or made into, or within any of her majesties Realms or dominions, or any act attempted tending to the hurt of her majesties Royal person, the same being first denounced by such a number of persons, of such estate, and in such manner, as is expressed in the said act. Whereunto is also added, That if any such detestable act should be executed against her majesties person, whereby her life should be taken away, that then every such person, by, or for whom any such act should be executed, and their issues being in any wise assenting, or privy to the same, should by virtue of this act be excluded, & disabled for ever to have, or claim, or to pretend to have, or claim the crown of this Realm, or any other her majesties Dominions. This act of Parliament, whereby the former act of counsel is limited & restrained, no wise debarreth the King of Scotland from the crown (as evidently appeareth by that part thereof, which I have rehearsed, and by the rest of the same act published among the other acts of that Parliament) seeing he is free, as the world knoweth, from all suspicion of any wicked attempt against her majesties person, and from all consent, or privity thereunto. And truly it is not credible that her Majesty, or the Parliament would go about to debar him by any such act, as is alleged by Dolman: seeing they may with reason persuade themselves, that no such act would stay him from claiming, & pursuing his right, nor such as are in England well affected towards him, (whereof there wanteth not a great number of the most honourable and best sort) from assisting and furthering him to the Kingdom. The example hereof hath been seen not many ages passed in some of our own Kings, as namely in Edward the fourth, and Henry the seventh. For albeit Richard Duke of York, HOLING. an. 38. HEN, 6. and Edward his son were attainted by act of Parliament, and both they, and their posterity to the ninth degree thereby excluded from succeeding to any heritage: yet Edward the fourth, esteeming himself (as also he was accounted by a great part of the realm,) next to the crown by right of succession, wanted neither courage, nor assistance to pursue, and win the same. HOLING. an. 2. RICH. 3. Also, though Henry the seventh was attainted by Parliament in King Richard's days: yet at such time as remaining banished in France, he had made a solemn oath and promise to espouse Lady Elizabeth, daughter and heir to King Edward the fourth, offered him in marriage by her Mother the Queen (having then with his own claim to the crown joined also the right of the house of York) he was in a manner at the same time saluted & honoured as King by the Earl of Oxford, and other noblemen, who were there present: & coming soon after into England wanted not assistance to deprive the usurper, king Richard, both of life, and kingdom. By which examples it is manifest, of how little force is the authority of Parliament to exclude a Prince from the right due to him by inheritance, or to withdraw such as favour him from giving him assistance, or the people from the duty and allegiance which they own him. Yea, this right of succession by blood is accounted among all nations, subject to this kind of Monarchy, a thing sacred, and in no wise to be violated. In confirmation whereof I might allege many examples of sundry foreign kingdoms. But, for avoiding tediousness, I will only set down here two examples of the french nation; the one very ancient, the other of our time. At such time as the crown of France fell by inheritance to Charles, for his dullness of wit and want of judgement surnamed the simple; Odo, his kinsman, PAUL AEMIL. hist. FR, in regno CAR. SIMPL. was declared King, and ruled over the greatest part of the Kingdom by consent almost of all the Peers, and principal nobility thereof, except the Earl of Flanders, and the archbishop of Rheims, who did homage to Charles. But Odo, near the time of his death, approving the right of his cousin Charles, spoke these words to the nobility then present, as PAUL. AEMYL. rehearseth them in Latin. CAROLUS Balbi filius (id quod jus aequumque postulat) Rex vocitetur: รก quo amovere jus regni universus terrarum orbis, si conspiret, non valeat: etiamsi sceptra manu extorqueat. That is to say, Let CRARLES the son of Balbus, according right and equity, be called King: from whom all the world, if it should conspire against him, can not remove the right of the kingdom, though it should wrest the sceptre out of his hand. And as then Odo did acknowledge Charles to be only lawful king: so both then, and in all ages following was he accounted by the french nation: whereas Odo is not so much as reckoned in the register of the french kings. Lately also it hath been seen, that the French king, who now reigneth, albeit after the death of the last King his religion was different from the Roman religion, public professed in France: yet was he followed and assisted not only by the professors of his own religion, but also by all the chief nobility, gentlemen, and best part of the people, called Catholics; notwithstanding that the Cardinal of Bourbon, one of the blood Royal, and of their own Religion, was called King by the seditious followers of he League. And at this time he is by all Frenchmen, of whatsoever Religion, ackowledged for their only lawful King. But in this point our own people hath never been inferior to the French nation, or any other: which is made evident by their faithful & dutiful acknowledgement of the next lawful blood so many ages past; but especially by a most notable proof, which not long since they have given of the same. For when Lady jane was by the devise & procurement of some noblemen, and Lords of the counsel proclaimed Queen in London, and other where, the tower being surprised, and sundry other politic means used for her establishing, and for drawing of the people to her obedience: yet was not Queen Marie, the lawful inheretrix of the Kingdom, abandoned therefore by the good and faithful subjects thereof, but assisted and furthered by them to the winning and possession of the crown: which Lady jane lost together with her head: as also her father, the Duke of Suffolk; her father in law the Duke of Northumberland, the author & principal actor of this Tragedy; her husband son to the said Duke, and sundry other of her friends, were partakers of her miserable end, as they had been of her unlawful advancement. By this example may be evidently seen, how great is the force of right by inheritance, & how hard it is to draw away the hearts of the people from the lawful heir, to the acknowledging of any other. Which being understood by some of our kings, who deposing, or excluding the lawful successors took the crown on themselves, judged not any authority of Parliament sufficient to justify their usurping, and approve it to the people; except they had made some pretence of a title by right and lawful inheritance. King Henry the fourth (who at the hour of his death, speaking to his son, HOLING. an. 14. HENR. 4. seemed to acknowledge his wrongful usurping) at such time as he took on the crown, albeit he was sure not to want the authority of Parliaments to establish him, yet thought not that sufficient, except he had laid claim to the crown, as being by right of inheritance next to the same: & that not as heir to his father, john of Gant, or to his grandfather, King Edward the third (for he knew that both king Richard, whom he had deposed, and Roger Mortimer, Earl of March, declared already by Parliament heir apparent, were nearer than himself to the crown, they being heirs to his father's two elder brethren) but as right and lawful heir to Henry the third: as the very words of the claim, HOLING. an. 22. RICH. 2. Anno 1, HEN. 4. that he made before a great assembly of the nobility, & people do plainly testify. The cause hereof was a report made by some of his favourers; to wit, that Edmond, son to Henry the third, of whom he was descended by his mother Blanch, was elder brother to Edward the first, but defrauded of his right by the said Edward, by reason of the deformity of his crooked back. But this was nothing else, but a fable devised to convey to him a title by inheritance. Whereby it appeareth of how great account was the right of inheritance in his judgement, and in the judgement of the people at that time. Also Richard the third, who after a far more wicked manner usurped the crown, Sir THO. MOOR in his hist. of RICH. the 3. judged not that any approbation which he might have by Parliament could serve his turn; except he did forge himself a title, by devising and publishing an untruth, to his own mother's infamy: which was, that his brother King Edward was unlawfully begotten, and that therefore his children could not lawfully succeed to the crown: so much did even that wicked usurper attribute to the nighness of the right & lawful blood in his own conscience. And not only the example of these two Kings, but also of all the Princes which we have had from King Edward the third hitherto (whereof many are renowned for their rare wisdom, and justice) showeth us plainly, in how great regard we ought justly to have the right of succession by the next lawful blood, in that sundry of them have with arms pursued and maintained their title to the crown of France, whereof once they had possession by right of blood: and none of them hitherto hath foregone their said title, notwithstanding whatsoever french Laws, and acts of Parliament to the contrary. The like also hath been the judgement of our Parliaments concerning this matter of succession, as it hath always appeared by their consent in approving the title of our Kings to the crown of France, and by their own statutes approving the right of the next lawful blood to the crown of England, so oft as the over great power and authority of such as usurped the Kingdom did not restrain their liberty. By all these examples alleged by me appeareth the great prerogative, which is due to the next lawful inheritor of the crown. Wherefore I am persuaded, that as her Majesty, and the Parliament have not hitherto made any such act, as is alleged by Dolman, or any other that might be prejudicial to the King of Scotland's title: so they will hereafter rather further him, by declaring him public right & lawful inheritor of the Kingdom, than any wise go about to stop or hinder him, not only in respect of his undoubted right, and of the prerogative and favour due to the same: but also for the manifold and great benefits which the Realm shall receive by his admission, as by the discourse following shall be made manifest. A discourse showing how expedient and necessary it is for the Realm of England, that the King of Scotland be in due time acknowledged, and admitted for lawfulll successor to her Majesty. Having hitherto sufficiently declared the King of Scotland's just title to the crown of England, and disproved such objections as are made against the same, I thought good briefly to show, how expedient and necessary it is for the weal public of this Realm, that he be in due time acknowledged, & received for lawful successor to her Majesty. To begin therefore with the consideration of his right, there is no doubt but in respect thereof his admission will procure greater peace and quietness to the common wealth, than the unlawful intrusion of any other. For all the honest and faithful subjects of this Kingdom will in conscience, and duty submit themselves more willingly to the next lawful heir, succeeding according to the ancient laws, and custom of this country, than to another coming to the crown by unlawful usurpation. And such as for their own private advantage, or other respects would wish, and go about to procure the disturbance of the common wealth, will have the less pretence, occasion and means to effect their wicked desires and intentions, the next lawful heir being advanced. Yea, even they, who pretend any title to the crown, would be rather persuaded and content to yield to him, than to any other of their competitors having less right. Also the preferment of the next lawful heir, in that he is already a King, will procure the greater peace & quietness to the common wealth. For the titlers themselves, & the rest of our noblemen (whose example and authority draweth commonly the people after them in matters belonging to the Royal succession) will rather submit themselves to the next lawful heir, being already a sovereign Prince, than to another not having so just a title, and being but of their own rank and degree. And truly it behoveth them so to do: for that if any of themselves be preferred before the rest, they may have the juster occasion to fear the jealousy and suspicion of one advanced from the degree of a subject to the dignity of a King. The advancement of which kind of persons hath many times (as both our own histories, & others testify) procured the destruction not only of such as resisted them; but also of those who assisted & furthered them to the crown; yea, and of such of their own blood as they suspected might have any wise disturbed, or endangered their estate. The truth hereof is manifest by the example of King Edward the fourth, and Richard the third: who both not only destroyed, and banished their enemies of the house of Lancaster, with their adherents; but also the former of them put to death his own brother, George Duke of Clarence, and the other murdered his young nephews, Edward the fift, and his brother: yea the principal men, who of subjects made them Kings, were by them destroyed, to wit, the Earl of Warwick by King Edward, & the Duke of Buckinghame with others by King Richard. As the like inconvenience might be justly feared, if any of our own titlers should be preferred before the rest: so there is no means so effectual to make such as are of the blood Royal, and the rest of our nobility free from all such dangers, and from all suspicion and fear thereof, as the preferring of a Prince, whose pre-eminence in dignity far above them, joined with the certainty of his manifest right, and the confidence which he may justly put in so many means and helps as he shall have to assure his estate, will make him to stand the less in jealousy and mistrust of others, and consequently not to use those wicked practices, which inferior persons, raised from the degree of subjects to the dignity of Princes, and that by no just title, would by all likliehood use for their establishment. Which inconvenience is so much the less to be feared in the advancement of the present King of Scotland; as he hath already given sufficient proof of his tender affection and bounty towards such as are of his kindred, and of his favour and clemency towards such of his Nobility, as have not showed themselves over malicious and obstinate in offending him. How much more than is it justly to be looked for, that he will show himself thankful & bountiful towards all such of our Nobility, and other good subjects, as will highly deserve his favour, in furthering and advancing him to his right? But considering, besides his right, his Royal dignity and honourable disposition, that he is also King of a country bordering upon ours, and enclosed within the same Island, we must judge his admission altogether necessary; if we desire our present quiet estate to be free from danger both inward, & outward. For if any means be used to debar him from his right, that will no doubt breed civil dissension, and sundry factions throughout the Realm, among which he will not want his adherents of the best & wisest number: besides whom, being fortified with the power of his own subjects, together with the assistance of his friends and confederates in France, Germany, Denmark, and other parts, he will by all likelihood prevail against his enemies. But God forbidden this occasion should be given of making this flourishing Realm a pray to foreign nations, especially in so dangerous a time, when as, besides the diseases which lurk in the entrails thereof, it is also troubled with the rebellion of the Irishry in Ireland, and with the fear of the king of Spain fostering the said rebellion with his assistance, and preparing a mighty Armada to invade us: being emboldened thereto by hope of finding here assistance, by reason of the present controversy concerning the Royal succession, and by the encouragement of some unnatural and seditious traitors of our own nation; who desiring the violent alteration of Religion, and overthrow of the present estate, have not been ashamed to forge him a title to the crown of England, & to publish the same to the world (as I have already declared) to egg him on thereby to the invasion of their native country. It behoveth therefore all honest & faithful subjects of this Kingdom to beware, that by resisting the right and lawful successor, or by not acknowledging him in due time, they put not themselves in danger of falling under the yoke and tyranny of merciless Spaniards: who if they have used extreme cruelty against the poor silly Indians, & others, who never offended them, will no doubt use far more outrageous cruelty against our nation, by whom they account themselves notably dishonoured, and disgraced. Neither ought such as among us profess the Roman Religion (to whom only the prosperous success of Spaniards might seem to be least prejudicial) feed themselves with any vain hope of finding favour at their hands. For notwithstanding their pleasant allurements, and the fair promises which they make them for the present, in hope of their favour & assistance; yet if in the end (which God forbidden) they should prevail, and become conquerors of this realm, after the utter destruction and rooting out of all others professing the Gospel, they would use them nothing the more favourably for betraying their country. Yea, they would despise, and handle them the worse therefore: as they did Sir William Stanley; whom, for betraying to them the town of Dauenter, they thrust shamefully out of the same: and would not after give him the credit of any other town, but caused him, & his regiment in a slavish manner to trudge up and down the low countries, and to lie both summer, and winter in poor and bare Villages, as unworthy to be placed in any town. So would they also use the betrayers of their own native country as slaves and drudges, and upon any occasion of displeasure, or mistrust which they should conceive against them, deal with them, as before they had done with the rest. And truly the best might be looked for would be, the using them as servants, the abusing filthily of their wives, and daughters, the thrusting of them into Cornwall, and to the most barren parts of the Realm, & the holding of them always under the yoke of miserable bondage. Which hard usage they might justly fear, taking example by the miseries and calamities, that other nations of their Religion have suffered under the tyranny of Spaniards. The nobility, and people of the low countries professing the Roman Religion, as well as others of a different profession, have had over great proof of their intolerable pride and tyranny, especially at their first arrival, when as they made their account to be masters there without controlment or resistance. The truth hereof is testified by the beheading against all equity & justice of their chief nobility, yea of such as did most notable service to the King of Spain, as namely of the Countess of Egmond, & Horn; by the polling & pilling of the people by violence and extorsion, by the filthy abusing of their wives & daughters, by misusing of themselves in a slavish manner, & by other such their tyrannical oppressions. Their pride & tyranny is also cause, why the states of Naples, Sicily, and Milan, who sigh & sob under their hard yoke, would shake off the same, if they could: & why also all other states & Princes of Italy, yea even the Pope himself, stand in so great fear, & suspicion of them, as they do. But I may not pass under silence the example yet freshly bleeding of their extreme cruelty against the people of Cleveland, a state of the Empire, whom having been hitherto their friends and for the most part of their own Religion, they have used, as if they had been their deadly enemies, and like Turks rather than Christians; for that continuing in their obedience towards the Empire, and their own lawful Prince, they would not become slaves to the ambitious house of Austria. If they have thus used these, and sundry other nations, their subjects, and friends, being of their own Religion, what better usage can our professors of the Roman Religion look for at their hands, who can not but be odious to them above others, in that they are of a nation above all others by them hated and redoubted? And how might English hearts abide the extreme pride, and insolency of Spaniards, being conquerors; who, before the setting forth of the last Armada to invad this land, behaved themselves most proudly and scornfully towards our English noblemen of their own Religion, who were their Pensioners, and as desirous to conquer England to them as themselves? For at that time the Lord Paget offering to Don Bernardino de Mendoza, (who had been some time Ambassador in the Court of England) the means of procuring service and assistance in England to the King of Spain; the said D. Bernardino answered him, that the King his Master needed not the service of Englishmen in that enterprise, and that he did of charity whatsoever he had done for the said Lord Paget, and other banished Englishmen. Also T. Throckmorton in Brussels conferring with ivan de Lasture, the King's Treasurer general, & saying, that he wondered why the King, having such pretences for England, made no more reckoning of such Englishmen as followed him, who in regard of their parentage and intelligence might be able to do him great service, if they were heartened with better usage, whereas now by reason of their poverty & drooping, they were much discouraged: the Treasurer answered, that he was not ignorant of the estate and condition of all such Englishmen as followed the king, but for his part (swearing a spanish oath or two) he knew not any of them, in regard of ability to do the King service, worth the straw that lay under his feet. Moreover at the very time that the Duke of Parma lay at Bruges, attending the Spanish fleet, and making his preparations for England, when our English pensioners expected (as by all likelihood they might) to be above others honoured and advanced; they were so far deceived of their expectation, that they were the only rejected & contemned sort of all those that followed the court: all other nations, besides them, being favoured and relieved with some months pay. And (which is more) whereas they moved the Duke sundry times to know his pleasure, how he would dispose of them in that enterprise, telling him that upon the well using of them depended much matter of importance, as the winning of others of their kindred, acquaintance, and religion, who upon hope of like good usage would be able to do great service at their landing: whereas contrariwise seeing them come over so poor in show, without credit, money, or arms, like lackeys (for so were the words of their request) it would be a cause to discourage and withdraw their minds from the King's service; they were by the Duke scornfully and with derision rejected: neither did he vouchsafe to give them any other answer, than only that he would think upon it. But on the night, in which upon the hurly burly and rumour of the approaching of the Spanish navy they thought to embark, he departed towards Dunkirk, leaving them all behind, as unworthy to be called upon, or taken with him. Whereupon the Earl of Westmoreland, my Lord Paget, and sundry of the better sort made their complaint to the Duke of Pastrana, the King of Spain's base son, by whom they were as basely and scornfully handled as by the other. Which evil entreaty wrought so great an apprehension in my Lord Paget, that he retired himself to Brussels: where, what with the conceit of this grief, and what with other accidents he shortly ended his life. The truth of all this have I learned of men of good credit and reputation professing the Roman religion, together with much more concerning this purpose; which (for avoiding tediousness) I omit, the rather, for that I am persuaded many of themselves are already acquainted therewith. Whereby the professors of that religion may perceive, what favour they ought to look for at the Spaniards hands, if they should conquer the land: seeing that they, being but in a vain hope and conceit of prosperous success, did so despise the principal English noblemen and others that were in their company. They have therefore just cause, as well as all other Englishmen, to fear the tyranny of Spaniards, and to acknowledge rather the King of Scotland for right & lawful successor to the crown (as no doubt but they know him to be) than the King of Spain, whom they know to have but a late forged and far sought title. Let them call to mind how the most honourable and best sort of frenchmen of their own Religion, after the last King's death, would not acknowledge any other than the King now reigning: albeit at that time he professed a Religion different from theirs, and that there wanted not many Princes of the house of Bourbon, and of the Roman religion, whom they might have acknowledged. How much more than should Englishmen (howsoever they be affected in religion) acknowledge rather the King of Scotland, who hath the right of both the Royal families of York, & Lancaster, being a friend to all our nation, and a Prince, at whose hands, through their faithful and dutiful behaviour, they may look for grace and favour, than submit themselves in a slanish manner to the King of Spain, betraying their country to the most cruel enemies thereof, with apparent and manifest danger of incurring so many & grievous calamities, as I have already rehearsed? I need not exhort our own professors of the gospel not to trust the Spaniards mercy. I only warn and wish them to use the right remedy of preventing the great mischief, which they have just cause to fear if the Spaniards should prevail. And that is no other, than to acknowledge & receive in due time the King of Scotland for next lawful successor to her Majesty. For he being thus acknowledged, the quarrel which the King of Spain pursueth against us, partly for revenge of supposed injuries, and partly for his pretended title, will be either wholly removed, or at least wise greatly weakened. For with what pretence of justice can he go about to dispossess the King of Scotland of his known right, whom he may not challenge for any injury done hitherto by him to his father, or to himself? It is very likely also that his courage and desire of invading us will be much quailed by this conjunction, whereby he shall perceive that our power and means to defend ourselves, and offend him, will be redoubled. But if proudly and obstinately he will persist in the prosecution of his unjust quarrel, the unjustness thereof will become more notorious to the world. And not only England, and Scotland, but also the King of Scotland's confederates and friends will with all their power and might join together, to withstand his malice and ambition, and to be avenged of so manifest an injury. Besides these commodities, which I have hitherto rehearsed, our common wealth shall receive sundry other great benefits by the due acknowledgement, and timely admission of the King of Scotland. The first whereof is, that the dominion and power of the crown of England will be greatly increased by the joining thereunto of his Kingdom: which diverse of our Kings have endeavoured to bring to pass as well by marriage with the heirs of the Kingdom of Scotland, as by other means. Neither is it to be feared that the honour and dignity of this realm will be thereby any wise impaired, as was well considered and forseen by the most noble and wise king, Henry the seventh. For when his eldest daughter Lady Margaret was to be married to james the fourth King of Scotland, some of his counsel forecasting that which might fall out, and saying that if his issue male failed, the crown might be devolved to the said Lady Margaret; he most wisely answered, that incace any such devolution should happen, it would be nothing prejudicial to England: for that it being the principal and more worthy part of the Island, would draw Scotland to it, as it did Normandy and Aquitain, with other provinces, from the time of the conquest. This was the judgement of that most worthy and prudent Prince concerning the conjunction of both countries: wherein without doubt all wise men, and such as love the honour, and public weal of this Realm will agree with him. And truly by all natural reason it seemeth most meet, that since both countries are but one Island, they should be also under one dominion. Which being brought to pass, we shall not need to fear the malice and power of any enemies, be they never so mighty. Another commodity is the reduction and keeping of the Irishry under the obedience of the crown of England. For either willingly they will submit themselves to the King of Scotland's authority, in respect of their ancient friendship and often alliance with the Scottish nation, and of the said King's descent by blood from their ancient Kings (especially seeing the offences they have committed hitherto have not been made against him) or else if wilfully and obstinately they shall persist in their rebellion, they may being of the one side assaulted with our forces, & of the other by the Scottish nation (hardened no less than they are to all kind of travail, and suffering) within short time be utterly subdued. Moreover it will be no small advantage to us, that the Princes, nobility, and people of France, Germany, Denmark, and other Christian nations, among whom the King of Scotland's right to the crown of England is not unknown, will approve our uprightness and justice in this point, and be the more willing and ready to maintain friendship, intercourse, & traffic with us: whereas refusing the King of Scotland his right, we should procure their hatred and enmity against us, with the danger of foreign invasion, & of being made a pray to strangers, as before I have declared. It is also a singular benefit offered us by God, that the Prince, who is to succeed in the Kingdom, hath issue likewise to succeed him: so as we need not fear new disturbance of the common wealth for the uncertainty of succession after his reign. For he hath already three children, whereof the Prince, which is the eldest, being past five years, is of such towardness, as great expectation may be justly had of him. Since therefore the willing admission of the King of Scotland in due time, will procure so many and great commodities to this realm; as also the withstanding him in his just cause so great inconveniences and dangers, as I have hitherto declared: truly they are to be condemned of extreme folly & madness, who being carried away with vain conceits, and with the remmbrance of old quarrels, which have been betwixt both countries, will repine & grudge at the advancement of the King of Scotland, so just, and necessary for our common wealth. As these men remember old quarrels; so would I wish them to remember that there hath been also ancient friendship betwixt both nations, & especially betwixt their kings, as the often alliance made between them doth witness. For besides alliances made before the conquest, jane, King john's daughter, was married to Alexander, King of Scotland; Margaret, the daughter of his next successor Henry the third, to an other Alexander; jane, daughter of Edward the second, to King David, jane, daughter to john Duke of Somerset, grandfather to Henry the seventh, was married to james the first: & lastly Margaret, eldest daughter of King Henry the seventh, to King james the fourth. This often alliance showeth that there hath been old friendship betwixt the Kings of both nations, though interrupted from time to time with quarrels and wars: the principal cause whereof having been the division of this Island into diverse kingdoms, the uniting thereof under one dominion, will (out of all doubt) be the only means to procure peace and concord betwixt all the inhabitants thereof. Which union as it hath been sought heretofore, though in vain, by sundry of our own Kings with no small endeavour, and travail, as namely by Edward the first, Edward the second, and not long since by Edward the sixth: so now a fit occasion is offered of bringing the same to pass, at such time as both nations, by the continuance of peace and amity, which hath remained betwixt them these fifty years past, and by their agreement in Religion, may be easily linked in perpetual unity and concord. Neither is it any such inconvenience as some men imagine, that the Prince, who is to reign over both nations, is not born in England, considering that he is so many ways extract, and that by father, as well as by mother, of the blood Royal of England, and that he hath been always, and continueth yet a sure and faithful friend to our estate, as his behaviour towards the same doth well declare. For having been invited by sundry fair promises, and large offers made him by our most hateful and mighty enemies, and solicited by some of his own subjects, upon injuries, as they alleged, done him, to break of friendship with us, yet his constant affection towards our common wealth could never be altered. What desire he hath always had of keeping our frontiers from all annoyance, no less than his own, it is well enough known by his continual carefulness concerning this point, and especially by his sending not long since into our country, for pledges of good order to be kept on his part, the LL. of Bacleuch, & Cesford, Wardens of the Scottish marches. His patience also in waiting for the time appointed by God, and not attempting ought, which might be any wise prejudicial to the person or estate of our sovereign Lady (a rare example of patience and moderation in such as are to succeed to a kingdom) may be to us a sufficient warrant of his honourable disposition, and constant affection towards her Majesty, and the common wealth. Wherewith are joined many other virtues, and princely qualities, that may justly move us not only to admit him, but also to invite him to the succession of the Kingdom: as his piety and sincerity in Religion; his magnanimity void of ambition; his good inclination to justice, tempered with clemency; his temperate mind and behaviour, not stained with any spot of filthy lust or sensuality; his princely liberality, & yet no polling or pilling of his subjects for entertainment thereof; his extraordinary painfulness, and great dexterity in reforming the disorders of his realm, notwithstanding sundry difficulties and impediments which are in this reformation. Besides which, and other princely virtues wherewith he is endued, when he shall have the manifold & great advantages, that the Monarch of this Kingdom hath above other Princes (as the assistance of his obedient and dutiful Nobility, the sage advice of most wise and expert counsellors, the godly exhortations of the learned Clergy, procuring obedience to the Prince and his Laws, the help and furtherance of faithful judges, careful Officers, and other good subjects to the execution of his Laws & commandments, and finally the dutiful and reverent affection of the people towards their Prince) there is no doubt but by his means this Kingdom shall flourish in continual peace, with all increase of honour and prosperity. To conclude therefore, since by the providence of God this worthy Prince is offered to us, whose title is so just, whose admission is so expedient and necessary, whose person ought to be so acceptable to us for his good deserts, and Princely virtues: I hope that all good and faithful subjects of all estates within this Realm will in due time willingly admit and receive him to the succession of the kingdom. FINIS.