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 right of the King of Scotland by descent of kindred is declared.

BEing to declare who by all right is next to our soueraigne Ladie, Queen Elizabeth, in the suc∣cession of the kingdom, I thought it needeles to draw the descent of such, as with anie reason or pro∣babilitie may after her Maiesties decease lay claime to the croun, further of, than from the vnion of the houses of Lancaster, and York, in the persons of the most renowmed King Henrie the seauenth, and of E∣lizabeth, eldest daughter to King Edward the fourth, right and lawfull heires of both the Royall families.

For, as for the Erle of Huntington, and others de∣scended from George Duke of Clarence, youngest brother to King Edward the fourth, they may not justlie be greeued, if they be placed in rank after such as are lawfullie descēded from the heire of their own house of York, joyned in mariage to the head of the familie of Lancaster.

And as for the king of Spaine, and his sister the In∣fanta, for whome farre sought titles haue beene for∣ged by some fugitiue Persons of our own nation, de∣siring for the alteration of Religion, to make this flou¦rishing common wealth a praie to the enemies ther∣of; I am perswaded there is none, that hath the hart of a true subiect, or naturall English-man, how soe∣uer hee bee affected in Religion, that will not vtterlie abhorre and detest the defending, or approouing of anie such titles, tending to the great dishonour and

vtter subuersion of this Realm, and to the notable dis∣grace of so manie worthie Princes, as since the time of King Henrie the sixt hitherto therin haue reigned. But desisting from the mention of titles no les false, than odious, I come to the orderlie descent of Hen∣rie the seuenths progenie.

King Henrie, the seuenth of that name, had issue by Queene Elizabeth, besides Prince Arthur, and an other, who deceased without succession, Prince Hen∣rie, Ladie Margaret, and Ladie Marie.

King Henrie the eight, who succeeded to his fa∣ther, had issue King Edward, Queene Marie, and Queene Elizabeth now reigning.

Ladie Margaret, eldest daughter to King Henrie the seauenth, was maried to Iames the fourth, King of Scotland, who begat on her Iames the fift, father to Marie Queen of Scotland, & Douagier of France: whose onlie sonne and heire is King Iames the sixt, who at this present reigneth, and hath alreadie issue Prince Henrie, Ladie Elizabeth, and another daugh∣ter. The said Queen Margaret, after the death of King Iames the fourth, was maried to Archibald Earle of Angus, and by him had a daughter called the Ladie Margaret Dowglasse, which was wife to Mathew Stewart Earle of Lenox: by whome shee had two sonnes, Henrie Lord Darlie, and Charles: whereof Henrie beeing the elder was ioyned in mariage to Marie Queen of Scotland, and of her begat the king that now is: And Charles, the younger brother, ma∣ried Elizabeth, the daughter of Sir William Can∣dish; by whome he had one only daughter yet liuing, named the Ladie Arbella.

Marie, the younger daughter of King Henrie the seuenth, after the decease of her first husband, Lewes the twelth, King of France, by whome shee had no issue, was maried to Charles Brandon Duke of Suf∣folke, by whome she had two daughters, Ladie Fran∣ces, and Ladie Eleonor.

The Ladie Frances was maried to Henrie Gray, Marques of Dorcester, afterward Duke of Suffolke: who begat of her three daughters, Iane, Katherine, and Marie.

The eldest of them, Ladie Iane, was maried to Gilford Duldey, the sonne of Iohn Duke of Nor∣thūberland, of whom she had no issue, being sone af∣ter her mariage put to death by Queene Marie, for taking on her the croun. Ladie Catherine first espou∣sed to Henrie Harbert, eldest sonne of William Erle of Pembroke, this contract being dissolued, had by the Earle of Hartford, after a priuie contract made betwixt them, as they both alledged, the Lord Beau∣champ, and his brother, who are yet liuing. Ladie Marie the youngest, who was betrouthed to Arthur Lord Gray of Wilton, died without issue.

Ladie Eleonor, the second daughter of Ladie Ma∣rie Duchesse of Suffolke, was maried to Henrie Clif∣ford, Erle of Cumberland: who had by her a daugh∣ter named Margaret, that was married to Henrie Stanley, Erle of Darbie: by whome shee had issue Fernande, William, and Frances.

This is the orderlie succession of such as are de∣scended from the vnion of both the Royall families of York, and Lancaster: whereby it is euident, that the issue of King Henrie the eight failing in our so∣ueraigne

Ladie, Queene Elizabeth, the right of the croune by descent of blood falleth vppon IAMES the sixt, King of Scotland, by lineall succession heire to the Ladie Margaret, eldest daughter of King Henrie the seauenth, aswell of his fathers side, as of his mo∣thers. The truth whereof being so manifest, as it can not be denied, some fauorers of the house of Suffolk, and others alledge certain impediments to debarre him from his right. If I would followe the example of others, and especiallie of such as maintaine the false titles of the King of Spaine, & his sister, I might alledge impediments of no little importance against the titlers of the foresaid house of Suffolke. But the King of Scotlands right needeth no furtherance by stayning of any others birth or honor, by reason that the obiections which are made against him beeing disprooued, as easilie they may bee, his right by de∣scent of blood can not with anie reason or probabili∣tie be brought in question.

The impediments objected against him are in num∣ber three; which (God willing) I will sufficientlie disprooue, eschewing, so far as I may, all tediousnes. The first is forrain birth: the second a pretended te∣stament of King Henrie the eight: the third an acte of association, alledged to haue bene made in Parli∣ament the 27. yeare of her Maiesties reigne.

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.* 1.1 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.

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.

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,* 1.2 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.

* 1.3Also, 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,* 1.4 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,* 1.5 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,* 1.6 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,* 1.7 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

• * 1.1

  POLID. VERG. hist lib. 26.
• * 1.2

  HOLING. an. 38. HEN, 6.
• * 1.3

  HOLING. an. 2. RICH. 3.
• * 1.4

  PAVL AEMIL. hist. FR, in reg∣no CAR. SIMPL.
• * 1.5

  HOLING. an. 14. HENR. 4.
• * 1.6

  HOLING. an. 22. RICH. 2. Anno 1, HEN. 4.
• * 1.7

  Sir THO. MOORE in his hist. of RICH. the 3.