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 ALLEDGED ACT OF ASSO∣ciation is disprooued; and vpon occasion offered thereby is declared the great force and pre∣rogative of right by inheritance to the succession of a Kingdome.

THE third obiection, which is an alledged act of association, is vrged by a fugitiue and sediti∣ous traitour, disguising himself vnder the name of Dolman, in a conference which he hath published touching the Royal succession: wherein going about to disprooue the right and titles of all such as are ex∣tract of the blood Royall, since King Henrie the sixt, and to currie fauour with the King of Spain, and the Infanta, by forging them titles and interest to the croun of England, he sheweth himself most malitious against the King of Scotland aboue all others, moo∣uing doubts and surmises, though full of notorious vanitie and falshood, to bring his right in question, & to disgrace his person: for that hee is assured nothing will so much ouerthwart the desire, and purpose, that he, and his like haue of betraying their natiue coun∣trie to the enemies thereof; as the acknowledging & accepting of the King of Scotland for right and law∣full inheritour to the croun.

But the onlie obiection which he auoucheth (how shameles soeuer he be) to be such, as can not be aun∣swered, is an act of association, alledged by him to

haue beene made in Parliament the 27. yeare of her Maiesties reigne, containing these words: That who∣soeuer shal be conuinced to conspire, attempt, or pro¦cure the death of the Queen, or to be priuie, or acces∣sarie to the same, shall loose all right, claime, or actiō that the same parties, or their heires haue, or may haue to the croun of England. Wherunto he addeth, that vpon this statute the late Queene of Scotland being condemned, and executed by authoritie of the saide Parliament, it seemeth euident that this King, who pretendeth al his right to the croun of England by his saide mother, can haue none at all.

This is the somme of Dolmans obiection: which is clearlie disprooued by the manifest vntruth of that which he alledgeth. For neither any such act of Parlia¦ment hath euer bene made, neither also is it true that the king hath no other right to the croun of Englād, than by his mother: for that hee may likewise justlie claime the same by his father, as appeareth manifest∣lie by the descent of kindred set doun in the begin∣ning of this treatise.

The ground, whereon Dolman hath deuised his forged act of Parliament, was an act or Instrument of association made by some Lordes of the counsell not long before the Scottish Queens arraignement: wherin were contained certain promises to be made for the preseruation of the Queens Maiesties person, by such, as should subscribe therunto. Among which promises one is, That they shall neuer desist from all maner of forcible pursute, to the vttermost extermi∣nation of all such persons, or their abettors, that shall by anie act, counsell, or consent doe anie thing, that

shall tend to the harme of her Maiesties Royall per∣son. And if anie such wicked attempt shal be taken in hand, or procured, whereby anie that haue, may, or shall pretend title to come to the croune by the vn∣timelie death of hir Maiestie, so wickedlie procured, may be advanced: they bind themselues jointly, and seuerallie neuer to accept, allow, or fauour anie such pretēded successor, by whom, or for whom, any such detestable act shall be committed, or attempted: or anie that may any way claime by, or from such a per∣son, or pretended successour.

This act of association being sent throughout the Realme to be with oath ratified and subscribed, was by sundry men of honourable degree, and good con∣science thought so hard and wrongfull, by reason of the clause concerning such as might claime by, or from anie person culpable of anie attempt against her Maiesties person, as they refused their oathes & subscription therunto.

Wherevpon the next Parliament following an act was made, limiting and restraining this penaltie and exclusion onelie to those pretenders, By whom, or by whose meanes, assent, or priuitie any inuasiō, or rebellion shall bee had, or made into, or within anie of her Maiesties Realmes or dominions, or any acte attempted tending to the hurt of hir Maiesties Royal person, the same being first denounced by such a nū∣ber of persons, of such estate, and in such manner, as is expressed in the said act. Wherunto is also added, That if any such detestable act should be executed a∣gainst her Maiesties person, whereby her life should be taken away, that then euerie such person, by, or for

whom any such act should be executed, and their is∣sues beeing in anie wise assenting, or priuie to the same, should by vertue of this act be excluded, & dis∣habled for euer to haue, or claime, or to pretend to haue, or claime the croun of this Realme, or anie o∣ther her Maiesties Dominions.

This act of Parliament, whereby the former act of counsell is limited & restrained, no wise debarreth the King of Scotland from the croun (as euidentlie appeareth by that part thereof, which I haue rehear∣sed, 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 suspition of anie wicked attempt against her Maiesties person, and from al cō∣sent, or priuitie therunto.

And trulie it is not credible that her Maiestie, or the Parliament would go about to debarre him by a∣ny such act, as is alledged by Dolman: seing they may with reason perswade themselues, that no such act would stay him from claiming, & pursuing his right, nor such as are in England wel affected towards him, (whereof there wanteth not a great nomber of the moste honorable and best sorte) from assisting and furthering him to the Kingdome.

The example heerof hath bene sene not manie a∣ges past in some of our own Kings, as namelie in Ed∣ward the fowrth, and Henrie the seauenth. For albeit Richard Duke of Yorke, and Edward his sonne were attainted by act of Parliament, and both they, and their posteritie to the ninth degree therby excluded from succeeding to anie heritage: yet Edward the

fowrth, esteeming himself (as also he was accounted by a great part of the realme,) next to the crowne by right of succession, wanted neither courage, nor assist∣ance to pursue, and win the same.

Also, though Henrie the seauenth was attainted by Parliament in King Richards daies: yet at such time as remaining banished in France, he had made a solemne oath and promise to espouse Ladie Eliza∣beth, daughter and heire to King Edward the fowrth, offered him in mariage by her Mother the Queene (hauing then with his own claime to the croune ioy∣ned also the right of the house of York) hee was in a maner at the same time saluted & honoured as King by the Earle of Oxford, and other noble-men, who were there present: & comming sone after into Eng∣land wanted not assistāce to depriue the vsurper, king Richard, both of life, and kingdome.

By which examples it is manifest, of how little force is the authoritie of Parliament to exclude a Prince from the right due to him by inheritance, or to with∣draw such as fauour him from giuing him assistance, or the people from the dutie and alleageance which they owe him. Yea, this right of successiō by blood is accounted among al nations, subject to this kinde of Monarchie, a thing sacred, and in no wise to be viola∣ted. In confirmation whereof I might alledge manie examples of sundrie forraine kingdomes. But, for a∣uoiding tediousnes, I will onlie set doun heere two ex¦amples of the frenche nation; the one verie auncient, the other of our time.

At such time as the croun of France fell by inheri∣tance to Charles, for his dulnesse of wit and want of

iudgement surnamed the simple; Odo, his kinsman, was declared King, and ruled ouer the greatest parte of the Kingdome by consent almost of al the Peeres, and principall nobilitie thereof, except the Earle of Flanders, and the Archebishop of Rhemes, who did homage to Charles. But Odo, neere the time of his death, approouing the right of his cousen Char∣les, spake these words to the nobilitie then present, as PAVL. AEMYL. rehearseth them in Latine. CA∣ROLVS Balbi filius (id quod jus aequumque postulat) Rex vocitetur: á quo amouere jus regni vniuersus ter∣rarum orbis, si conspiret, non valeat: etiamsi sceptra manu extorqueat. That is to say, Let CRARLES the sonne of Balbus, according right and equitie, be cal∣led King: from whom all the world, if it should con∣spire against him, can not remooue the right of the kingdome, though it should wrest the scepter out of his hand. And as then Odo did acknowledge Char∣les to be onlie lawfull king: so both then, and in al a∣ges following was he accounted by the frenche nati∣on: whereas Odo is not so much as reckoned in the register of the frenche kings.

Lately also it hath bene sene, that the French king, who now reigneth, albeit after the death of the laste King his religion was different from the Romane re∣ligion, publiklie professed in France: yet was hee fol∣lowed and assisted not onelie by the professors of his owne religion, but also by al the cheef nobilitie, gen∣tlemen, and best part of the people, called Catho∣liques; notwithstanding that the Cardinal of Bour∣bon, one of the blood Royal, and of their owne Reli∣gion, was called King by the seditious followers of

he League. And at this time he is by al French-mē, of whatsoeuer Religion, ackowledged for their onlie lawfull King.

But in this point our own people hath neuer bene inferiour to the Frenche nation, or anie other: which is made euident by their faithful & dutifull acknow∣ledgement of the next lawfull blood so manie ages past; but especiallie by a moste notable proofe, which not long since they haue giuen of the same. For when Lady Iane was by the deuise & procurement of some noble-men, and Lordes of the counsell proclaimed Queene in London, and other where, the towre bee∣ing surprised, and sundrie other politick meanes vsed for her establishing, and for drawing of the people to her obedience: yet was not Queene Marie, the law∣full inheretrix of the Kingdome, abandoned therfore by the good and faithfull subiects thereof, but assisted and furthered by them to the winning and possession of the croune: which Ladie Iane lost togeather with her head: as also her father, the Duke of Suffolk; her father in law the Duke of Northumberland, the au∣thour & principall actour of this Tragedie; her hus∣band sonne to the said Duke, and sundrie other of her friends, were partakers of her miserable end, as they had bene of her vnlawfull aduancement.

By this example may bee euidentlie seene, how great is the force of right by inheritance, & how hard it is to draw away the hearts of the people from the lawfull heire, to the acknowledging of anie other. Which being vnderstood by some of our kings, who deposing, or excluding the lawfull successours tooke the croun on themselues, judged not anie authoritie

of Parliament sufficient to justifie their vsurping, and approoue it to the people; except they had made some pretence of a title by right and lawfull inheri∣tance.

King Henrie the fowrth (who at the houre of his death, speaking to his sonne, seemed to acknowledge his wrongful vsurping) at such time as he took on the croun, albeit he was sure not to want the authority of Parliaments to establish him, yet thought not that sufficient, except he had laid claime to the crowne, as being by right of inheritance next to the same: & that not as heire to his father, Iohn of Gant, or to his grand-father, King Edward the third (for hee knewe that both king Richard, whome he had deposed, and Roger Mortimer, Earle of Marche, declared alreadie by Parliament heire apparent, were neerer than him∣self to the croun, they being heires to his fathers two elder brethren) but as right and lawful heire to Hen∣rie the third: as the verie wordes of the claime, that he made before a great assemblie of the nobilitie, & people do plainlie testifie.

The cause heereof was a report made by some of his fauourers; to wit, that Edmond, sonne to Henrie the third, of whome he was descended by his mother Blanche, was elder brother to Edward the first, but de¦frauded of his right by the said Edward, by reason of the deformitie of his crooked back. But this was no¦thing else, but a fable deuised to conueigh 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 farre more wicked maner vsurped the croun, judged not that a∣nie approbation which hee might haue by Parlia∣ment could serue his turne; except he did forge him∣self a title, by deuising and publishing an vntruth, to his owne mothers infamie: which was, that his bro∣ther King Edward was vnlawfullie begotten, and that therefore his children coulde not lawfullie suc∣ceed to the croun: so much did euen that wicked v∣surper attribute to the nighnesse of the right & law∣full blood in his owne conscience.

And not onelie the example of these two Kings, but also of all the Princes which we haue had from King Edward the third hitherto (whereof manie are renowmed for their rare wisdome, and justice) shew∣eth vs plainlie, in how great regarde we ought justly to haue the right of succession by the next lawfull blood, in that sundrie of them haue with armes pur∣sued and maintained their title to the crowne of France, whereof once they had possession by right of blood: and none of them hitherto hath forgone their said title, notwithstanding whatsoeuer frenche Lawes, and acts of Parliament to the contrarie.

The like also hath beene the iudgement of our Parliaments concerning this matter of succession, as it hath alwaies appeared by their consent in appro∣uing the title of our Kings to the crowne of France, and by their owne statutes approouing the right of the next lawfull blood to the crowne of England, so oft as the ouer great power and authoritie of such as vsurped the Kingdome did not restraine their liberty.

By all these examples alledged by mee appeareth the great prerogatiue, which is due to the next law∣full inheritour of the croune. Wherefore I am per∣swaded, that as hir Maiestie, and the Parliament haue not hitherto made anie such act, as is alledged by Dolman, or anie other that might bee prejudiciall to the King of Scotlands title: so they wil heerafter rather further him, by declaring him publiklie right & lawful inheritour of the Kingdom, than anie wise go about to stop or hinder him, not onelie in respect of his vndoubted right, and of the prerogatiue and fauour due to the same: but also for the mani∣fold and great benefits which the Realm shall receaue by his admission, as by the discourse following shal be made ma∣nifest.

Notes

• HOLING. an. 38. HEN, 6.
• HOLING. an. 2. RICH. 3.
• PAVL AEMIL. hist. FR, in reg∣no CAR. SIMPL.
• HOLING. an. 14. HENR. 4.
• HOLING. an. 22. RICH. 2. Anno 1, HEN. 4.
• Sir THO. MOORE in his hist. of RICH. the 3.