A treatise declaring, and confirming against all obiections the just title and right of the moste excellent and worthie prince, Iames the sixt, King of Scotland, to the succession of the croun of England. Whereunto is added a discourse shewing how necessarie it is for the realme of England, that he be in due time acknowledged and admitted to the succession of the kingdome.

THE OBIECTION OF FORRAIN birth is clearlie avoided.

THE first by such as obiect the same is groun∣ded vpon an alledged maxime or generall as∣sertion of the common law: which is, that who soeuer is borne out of England, and of father & mo∣ther not beeing vnder the obedience of the King of England, can not be capable of anie inheritance in England.

Heereunto I answere that this maxime is vntrue in that generall sense: as it appeareth expreslie by that which is set doun by law in the seuenth & ninth yeares of King Edward the fowrth, & in the eleuenth and fourteenth of King Henrie the fowrth: That a stranger may purchase land in England, as also that hee may inherite by his wife, if he marie an inhere∣trix.

But the true maxime or rule against the inheri∣tance of strangers is grounded onelie vpon a statute, made in the 25. yeare of King Edward the third, and is to be restrained vnto proper inheritances onlie: to wit, that no person borne out of the alleageance of the King of England, whose father and mother were not of the same alleageance at the time of his birth, shal be able to haue, or demand anie heritage with∣in the same alleageance, as heire to anie person.

Which rule for sundrie reasons can not be preju∣diciall to the King of Scotlands right.

First, for that it is a common and generall rule of the Lawe of England, that no rule or maxime of the law, be it neuer so generall, can touche or be vnder∣stood

of matters concerning the croun; except ex∣presse mention be made thereof: and that the croun is priuiledged in manie points aboue private herita∣ges.

The second reason is, for that the demand & title of a croun can not be cōprehended vnder the words of the foresaid statute against aliens; and that for two respects. First, for that the croun can not properlie be called an inheritance of alleageance, or within allea∣geance (as the wordes of the saide statute doe stand) for that it is not holden of anie superiour, nor with al∣leageance, but immediatlie of God: and secondly for that the statute meaneth plainlie of inheritance by descent; for otherwise, as is said, an alien may holde by purchase. But the croun is a thing incorporate, & descendeth not according to the course of other pri∣uate inheritances, but rather goeth by succession, as other incorporations doe. In signe whereof no King can by law auoyd his letters patents by reason of his none-age, as other common heires vnder age do. But he is euer presumed to be of full age in respect of his croun. And as a Parson, Deane, or other head incor∣porate, though he be an alien, might inherite or de∣mand landes in England for his incorporation, not∣withstanding the former statute: so much more the inheritour to the croun, though he bee borne out of the dominion of England, may (notwithstanding the said statute) succeed justlie to the kingdome.

The third reason is, that in the statute itself ther is expresse exceptiō of Infants du Roy: by which words (according to the vse of them in the french language wherein this statute is written, as also of the word Li∣beri

in latine) is vnderstood not onlie the Kings issue of the first degree, but also his ofspring in other de∣grees following. For otherwise this exception would be to no purpose; considering that according to the words of the statute, Subjects children in the first de∣gree, borne out of the Kings alleageance, may haue or demand heritages as heires to their parents, or o∣thers.

Also, the Kings 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 Kings alleageance, could no wise be pre¦judiciall to them, but rather to those of the Kings of∣spring, who in degrees farther remooued might bee borne in forraine dominions: as sundrie of king Ed∣ward the thirds ofspring were, comming of his sonns maried in diuers countries: for whose behoof especi∣allie it seemeth that this exception was added by him to the former statute.

And if this exception of infants du Roy be vnder∣stood onlie in respect of priuate heritages, that may fall to them, (in which onlie sense it seemeth to haue relation to the words of the statute, making mention of heritages within the kings allegeance) how much more is the priviledge contained therein due to the inheritour of the croun, who by all right and equity may claime a greater praerogatiue in his succession to the kingdom, than any other of the kings ofspring in his priuate inheritance?

The fourth reason is, that sundrie borne out of the Realme, and of parents that were not of the alle∣geance of England, when they were born, as namely

king Steuen, and king Henrie the second, were ad∣mitted to the croune, without contradiction in res∣pect of their forraine birth. Which argueth that by the common course of our old common lawes there was no such stop against aliens, and that if the statute made in King Edward the thirds dayes, woulde haue derogated or abridged this auncient libertie, it wold haue made speciall mention thereof, which it doeth not.

The fifth reason is the judgement of King Henrie the seauenth, and of his counsell concerning this matter. For, they being in consultation together a∣bout the mariage of Margaret, the kings eldest daugh¦ter, with Iames the fowrth at that time King of Scot∣land, some of them mooued a doubt, to wit, what should ensue, if by chance the Kings issue male shuld faile, and the succession descend to the said Marga∣ret, as it now doth. Whereunto that moste wise and prudent Prince made answere; That if so it chanced, England, being the cheef and principall parte of the Iland, should thereby receaue no domage, but rather great aduantage; for that it would draw to it self the kingdome of Scotland, as before it had done Nor∣mandie, and Aquitaine, with other prouinces: the which answere gaue full satisfaction and content∣ment to the counsell.

The same answere also, both in respect of the truth thereof, and of the person that made it, may justlie perswade vs, that the admission of the King of Scot∣land to the croun is no wise vnlawfull, or prejudiciall to the publique weale.

But besides all these reasons showing manifestlie,

that neither by anie maxime of the common Lawe, nor by the wordes of the alledged statute, nor yet by the practise and custome of our Realme, an alien may bee repelled from succession to the kingdome, when by right of blood it falleth to him; there are o∣ther two reasons, which in particular make for the King of Scotland.

The one reason is, that Scottishmen are in our Chronicles accounted as subjectes by way of ho∣mage, howsoeuer they denie it: In respect whereof it seemeth that the auncient records, making mention of seruice to be done within this Iland, containe the frenche words, Dens les quatre mers, or the latine, Infra quatuor maria, within the foure seas: in which bounds Scotland being within the North sea is com∣prised.

The other reason is, that the former statute of king Edward the third is intituled, Of them that are borne beyond the seas: and that in the bodie of the same statute the doubt is mooued of children borne out of the alleageance of England beyond the seas: whereby can not bee vnderstood Scotland, it being a part of the same Iland.

By all which reasons the obiection of forraine birth is clearlie and sufficientlie auoided. Wherefore I go on forward to the confutation of the pretended Testament of king Henrie the eight.

Notes

• POLID. VERG. hist lib. 26.