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 KING Henries pretended testament is confuted.

IN the 28, and 35. yeares of King Henries raigne, vpon some doubt, which then he himselfe seemed to haue about the order of succession in his owne children, and for taking away all occasion of contro∣uersie which after his death might arise thereupon, the Parliament gaue authoritie to the king to debate and determine that matter himself, wirh his learned counsell, who best knew the lawes of the Realme, & titles that anie might haue to the croun: and what succession he should declare as right & lawful, vnder his letters patents sealed, or by his last will and testa∣ment lawfullie made and signed with his own hand, that the same should be receaued for good and law∣full. Vpon pretence whereof soone after the kings death there was shewed a will with the kings stamp at the same, & the names of diuerse witnesses, wher∣in the succession of the croun, after his own children, was assigned to Ladie Frances, and Ladie Eleonors successours, who were neeces to the King by his youngest sister. Which assignation being, as it were a meere gift made to Frances, and Eleonor in preju∣dice of his eldest sisters right, was founde to bee a∣gainst all law, reason, and nature; and therefore not thought to proceed from so wise a Prince as king Henrie was; but rather forged, and the kings stamp set to by others, either when he was past vnderstan∣ding, or after his death. And heereof there want not most euident reasons, and proofes:

First it is not credible that King Henrie would a∣gainst lawe and justice disherite the line of his eldest sister, and so giue occasion of ciuill and forrain wars, especiallie seing in such a case of so apparent wrong in so great a matter, hee might well fore-see, that the authoritie of a Parliament would take little effect a∣gainst the true & lawfull inheritour, as appeared not long before in Henrie the sixt, Edward the fourth, & Richard the third. In whose reignes diuerse and con∣trarie Parliaments made against the next inheritour held no longer with anie of them, than while he was able to make his owne part good.

Secondlie, there be manie incongruities and in∣dignities in the said pretended will, to proceed from such a Prince, as King Henrie was. For, what can be more ridiculous, than to giue the croune to Frances and Eleonors heires, and not to themselues? And yet by this Testament the sonne of Abraham Stokes (who maried the same Frances after the death of her first husband the Marques of Dorset, beeing but her owne seruant) should haue claimed before her, if he had had anie by her. Of lyke absurditie is it, that in the same Will the King is saide to binde his owne daughters to marie by direction of his counsell, or o∣therwise to loose the benefite of succession: whereas the daughters of his neeces Frances, and Eleonor, were not bound thereby to anie such conditioun.

Thirdlie, there bee diuerse arguments alledged in law, why this Will is not authenticall. First, for that it is not aggreable to the minde and meaning of the Parliament, which intended onlie to giue authoritie for declaration of the true title, and not for donation

or intricating thereof. Also, for that there is no law∣full or authenticall copie extant of the same, but on∣lie a bare inrolment in the Chancerie; which is not sufficient in so waightie an affaire: no witnesse of the priuie counsell, or of the nobilitie to the same, which could not haue wanted in so great a cause (for the best of the witnesses therein named was Sir Iohn Gates, whose miserable death is well knowne:) No publique notarie, nor probation of the will before anie Bishop, or anie lawfull court appointed for that purpose: no examination of the witnesses, or other things ordinarilie done for lawfull confirming of such a matter. But of all other things this is of moste importance, that the King neuer set his own hand to the foresaid Will: but his stamp was set thereto by o∣thers, either after his death, or when hee was past re∣membrance: which is confirmed by witnesses farre more worthie credite, in respect of their degree and reputation, than Sir Iohn Gates, & the others whose names were subscribed. For first the Lord Paget in the beginning of Queene Maries daies, being of her priuie counsell, discouered the same of his owne ac∣corde, and vpon meere motion of conscience, confes∣sing before the whole counsell, and after before the whole Parliament, how that himself was priuie ther∣vnto, and partly also culpable, being drawne thereto through the instigation & forcible authoritie of o∣thers. Also Sir Edward Montague, Lord chief justice, that had bene present and priuie to the same doings, and one William Clerk, that put the stamp to the pa¦per, confessed the whole premisses to be true. Vpon which discouerie Queen Marie, & her counsel cau∣sed presentlie the said inrolment lying in the Chan∣cerie

to be cancelled, defaced, and abolished.

And since that time in hir Maiesties daies that now liueth, about the 11. or 12. yeare of her reigne, by oc∣casiō of a certain book spred abroad at the same time verie secretlie, for advancing of the house of Suffolke by pretence of this Testament, the Duke of Norfolk, the Marques of Winchester (which then was Trea∣surer) the Earls of Arundel, and Pembroke, together with his sonne, and my Lord of Lecester, with others met together vpon that matter. And after long con∣ference about the foresaid pretended Will, and ma∣nie proofes laid downe why it could not be true; the olde Earle of Pembrok protesting, that hee was with the King in his chamber from the first day of his sick∣nes to the last houre, and that thereby he could assure them this pretended will to be false, and counterfait; at length by some of them it was mooued, that from that place they should go with the rest of the Nobili∣tie, and proclaime the Scottish Queene heire appa∣rent in Cheapside.

And albeit, for some causes to thēselues best known, they proceeded not in publishing of the same: yet my Lord of Pembrok now liuing can bear witnesse, that this much is true, & that his father the olde Erle 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 witnesse the same, & to defend it also with his sword, if neede required, af∣ter his death. The remembrance and due regard of which admonition as yet, no doubt, remaineth in the minde of that noble man.

All these reasons and proofes being more than

sufficient to disproue this pretended Testament, I pro¦ceed forward to the confutation of the third and last obiection.