A
TREATISE
TOVCHING
THE
RIGHT
,
TITLE
AND
INTEREST
OF
the
mightie
and
noble
Princesse
Marie
,
Queene
of
Scotland
,
to
the
succession
of
the
Croune
of
England
.
The
Second
Booke
.
THE
great
prouidence
,
good
Reader
,
of
the
eternal
God
,
who
of
nothing
created
all
thinges
,
did
not
only
create
the
same
by
his
ineffable
power
,
but
by
the
same
power
gaue
a
special
gifte
and
grace
also
to
euery
liuing
thing
,
to
continue
,
to
renewe
,
and
to
preserue
eche
his
owne
kinde
.
But
in
this
consideration
the
condition
of
man
among
and
aboue
al
earthly
thinges
hath
his
pearelesse
prerogatiue
of
wit
and
reason
,
It
is
also
most
certaine
by
the
confession
of
al
the
world
,
Which
being
once
certaine
and
assuredly
knowen
,
as
it
procureth
,
when
the
time
requireth
,
readie
and
seruiceable
obedience
,
with
the
great
comfort
and
vniuersal
reast
and
quietnes
of
the
Subiectes
:
so
where
for
the
said
Successour
there
is
among
them
discord
and
diuersitie
of
iudgementes
:
the
matter
groweth
to
faction
,
and
from
faction
to
plaine
hostilitie
,
and
from
hostilitie
to
the
daunger
of
many
mens
liues
,
and
many
times
to
the
vtter
subuersion
of
the
whole
state
.
For
the
better
auoiding
of
suche
and
the
like
inconueniences
(
albeit
at
the
beginninge
Princes
reigned
not
by
descente
of
blood
and
succession
,
but
by
choyce
and
election
of
the
worthieste
)
the
worlde
was
for
the
moste
parte
constrained
,
to
repudiate
election
,
and
so
often
times
for
the
better
and
the
worthier
to
take
a
certain
issue
and
ofspringe
of
some
one
onely
persone
,
This
care
and
foresight
doth
manifestly
appeare
to
haue
bene
not
onely
in
many
Princes
of
foraine
Countreies
,
but
also
of
this
Realme
,
as
wel
before
the
tyme
of
the
Conqueste
,
as
also
after
,
namely
in
Kinge
Edwarde
the
Confessour
,
Flores
histor.
anno
1057.
in
declaring
and
appointing
Eadgare
Atheling
his
nephewes
sonne
his
heire
,
as
also
in
King
Richard
the
first
,
who
before
he
interprised
his
Iourney
to
Hierusalem
(
where
for
his
chiualrie
he
atchiued
high
honour
)
declared
by
consent
of
his
Nobilitie
and
Cōmous
,
Richardus
Canonicus
sanctae
Trinit.
Lond.
Flor.
histo
anno
1190.
Polid
li.
14
Arthur
sonne
of
his
brother
Duke
of
Britaine
,
his
next
heire
in
succession
of
the
Crowne
.
Of
the
whiche
Arthur
,
as
also
of
the
said
Eadgare
Atheling
we
wil
speake
more
hereafter
.
This
care
also
had
King
Richard
the
second
,
what
time
by
authoritie
of
Parlament
he
declared
the
Lorde
Edmond
Mortymer
,
that
maried
Philippe
dawghter
and
heire
to
his
Vncle
Leonel
Duke
of
Clarence
,
Polid
li.
20
heire
apparente
.
And
to
descende
to
later
times
,
our
late
Noble
Souereigne
King
Henry
the
eyght
shewed
,
as
it
is
knowen
,
his
prudente
and
zealous
care
in
this
behalf
before
his
last
noble
voiage
into
Fraunce
.
And
now
,
if
God
should
(
as
we
be
al
,
as
wel
Princes
,
as
others
,
subiect
to
mortall
chaunces
)
once
bereaue
vs
of
the
present
Gouernour
,
the
hartes
and
iudgementes
of
men
being
no
better
,
nor
more
firmely
setled
and
fixed
towards
the
expectation
of
a
certaine
succession
,
then
they
seme
now
to
be
:
then
wo
and
alas
:
it
yrketh
my
verie
harte
,
euen
onse
to
thincke
vpon
the
imminente
and
almost
the
ineuitable
daunger
of
this
our
noble
Realme
,
beinge
like
to
be
ouerwhelmed
with
the
raging
and
roring
waues
of
mutual
discorde
,
and
to
be
consumed
with
the
terrible
fier
of
ciuil
discention
.
The
feare
whereof
is
the
more
,
by
reason
already
in
these
later
yeares
some
flames
thereof
haue
sparkled
and
flusshed
abrode
,
and
some
parte
of
the
rage
of
the
sayd
fluddes
haue
already
beaten
vpon
the
bankes
.
I
meane
the
hot
contention
,
that
hath
bene
therein
in
so
many
places
,
and
among
so
many
persons
:
of
bookes
also
,
that
haue
bene
spread
abrode
,
and
daily
are
spread
,
being
framed
affectionately
,
and
sounding
according
to
the
sinister
opinion
of
euery
mans
priuate
appetite
.
Seing
therefore
,
that
there
is
iust
cause
of
feare
and
of
great
danger
likely
to
happen
by
this
varietie
of
mens
iudgementes
so
diuersely
affected
,
as
wel
of
meane
men
,
as
of
greate
personages
:
I
take
it
the
parte
of
euery
true
Englishman
,
to
labour
ad
trauaile
eche
man
for
his
possibilitie
,
and
for
suche
talente
,
as
God
hath
geuen
him
,
to
helpe
in
conuenient
tyme
for
the
preuenting
of
the
imminent
daunger
.
We
knowe
,
what
wit
,
what
policie
,
what
paines
,
what
charges
menne
imploie
,
to
prouide
,
that
the
Temmes
or
sea
doo
not
ouerflowe
such
places
,
as
be
moste
subiecte
to
daunger
.
We
knowe
,
what
politike
prouision
is
made
in
many
good
Cities
and
townes
,
both
to
foresee
,
that
by
negligence
there
ryse
no
dangerouse
fiers
,
and
yf
they
chaunce
,
with
al
diligence
to
represse
the
rage
thereof
.
Wherein
among
other
his
prudente
dooinges
Augustus
the
Emperour
is
commended
,
for
appointing
at
Rome
seuen
companies
ordinarily
to
watche
the
Citie
,
for
the
purpose
aforesaide
.
Wherevnto
he
was
enduced
,
by
reason
the
Citie
was
in
one
daye
in
seuen
seuerall
places
sette
on
fier
.
And
shal
not
we
euery
man
for
his
his
parte
and
vocation
,
haue
a
vigilant
care
and
respecte
,
to
the
extinguishement
of
this
fier
already
sprong
out
,
that
may
(
if
the
matter
be
not
wisely
foreseen
)
destroie
,
subuert
and
consume
,
not
one
Citie
onely
,
but
importe
an
vniuersall
calamitie
and
destruction
?
Which
to
represse
,
one
ready
and
good
way
seemeth
vnto
me
,
if
men
may
knowe
and
be
throughly
persuaded
,
in
what
person
the
right
of
the
succession
of
the
Croune
of
this
our
Realme
doth
stande
and
remaine
.
For
now
many
men
through
ignorance
of
the
said
Right
and
Title
,
and
also
the
same
being
depraued
by
certaine
sinister
persuasions
in
some
bookes
,
wherevnto
they
haue
to
lightly
geuen
creditte
,
be
caried
away
from
the
right
opinion
and
good
hart
,
that
they
otherwise
would
and
should
haue
.
The
whiche
kind
of
men
I
doo
hartely
wishe
from
their
said
corrupte
iudgemente
to
be
reuoked
:
and
shal
in
this
Treatise
doo
my
beste
indeuour
,
to
remoue
,
not
presuming
vpon
my self
,
that
I
am
any
thing
better
able
,
then
others
,
this
to
do
(
for
I
knowe
my
owne
infirmitie
)
but
being
glad
and
willing
,
to
impart
vnto
others
such
motiues
,
as
vpon
the
reading
of
such
bookes
,
which
of
late
haue
ben
set
forth
by
the
Aduersaries
,
and
after
the
diligent
weying
of
diuers
argumentes
to
the
contrarie
,
seeme
vnto
me
sufficient
to
satisfie
any
honest
and
indifferent
man
,
that
is
not
obstinately
bent
to
his
owne
wilfull
affections
,
or
to
some
other
sinister
meaning
and
dealing
.
We
say
then
and
affirme
,
that
the
right
Heire
and
Successour
apparent
vnto
the
Croune
of
this
Realme
of
England
,
is
at
this
time
such
a
one
,
as
for
the
excellent
giftes
of
God
and
nature
in
her
most
princely
appearing
,
is
worthie
to
inherit
either
this
noble
Realm
,
or
any
other
,
be
it
of
much
more
dignitie
and
worthines
.
But
nowe
I
claime
nothing
,
for
the
worthines
of
the
person
,
whiche
God
forbid
should
be
any
thing
preiudiciall
to
the
iuste
title
of
others
.
Yf
most
open
and
manifeste
right
,
iustice
and
title
do
not
concurre
with
the
worthines
of
the
person
:
then
let
the
praise
and
worthines
remaine
where
it
is
,
and
the
right
where
God
and
the
lawe
hath
placed
it
.
But
seing
God
,
Nature
and
the
law
doth
call
the
person
to
this
expectation
,
whose
interest
and
claime
I
do
now
prosequute
(
I
meane
the
right
excellent
Ladie
,
Her
Graces
Title
then
,
as
it
is
moste
open
and
euidente
,
so
it
is
moste
conformable
to
the
lawe
of
God
,
of
Nature
,
and
of
this
Realme
:
And
consequently
in
a
manner
of
all
other
Realmes
in
the
worlde
,
as
growing
by
the
nearest
proximitie
of
the
Roial
blood
.
She
is
a
Kinges
and
a
Queenes
daughter
,
her selfe
a
Queene
,
daughter
to
the
late
King
Iames
of
Scotlande
,
sonne
to
Ladie
Margarete
the
eldest
Syster
to
our
late
Soueraigne
Kyng
Henrie
the
Eight
.
Whose
daughter
also
the
Ladie
Lenoux
is
,
but
by
a
later
husbande
:
the
Ladie
Frauncis
,
late
wife
to
Henrie
Marques
Dorsette
,
afterwarde
Duke
of
Suffolke
:
and
the
Ladie
Elenour
,
late
wife
to
the
Earle
of
Cumberlande
,
and
their
Progenie
proceedeth
from
the
Ladie
Marie
,
Dowager
of
France
,
yongest
Sister
of
the
said
King
Henrie
,
late
wife
to
Charles
Brandon
Duke
of
Suffolke
.
I
might
here
fetche
foorth
olde
farne
dayes
.
I
might
reache
backe
to
the
noble
and
worthie
Kinges
long
before
the
Conquest
,
of
whose
Roial
blood
she
is
descended
.
Whiche
is
no
parte
of
our
purpose
,
neither
doth
enforce
her
Title
more
then
to
prooue
her
no
stranger
within
this
Realme
.
But
the
Argumentes
and
prouffes
,
which
we
meane
to
alleage
and
bring
forth
for
the
confirmation
of
her
right
and
Title
in
Succession
(
as
Heire
apparent
)
to
the
Croune
of
England
,
are
gathered
and
grounded
vpon
the
lawes
of
God
and
nature
,
and
not
only
receaued
in
the
Ciuill
policies
of
other
nations
,
but
also
in
the
olde
lawes
and
Customes
of
our
owne
Countrey
,
by
reason
approued
,
and
by
vsage
and
long
continuance
of
time
obserued
,
from
the
first
constitution
of
this
Realme
in
politicall
order
vnto
this
present
day
.
And
yet
for
al
that
hath
it
bene
,
and
yet
is
,
by
some
men
attempted
,
artificially
to
obiecte
and
caste
many
mystie
darke
cloudes
before
mennes
eyes
,
to
kepe
from
them
(
if
it
may
be
)
the
cleare
light
of
the
said
iust
title
,
the
which
they
would
extinguish
,
or
at
the
least
blemish
with
some
obscure
shadow
of
lawe
,
but
in
deede
against
the
lawe
,
and
with
the
shadowe
of
Parlamentes
,
but
in
deede
against
the
true
meaning
of
the
Parlamentes
.
And
albe
it
,
it
were
inough
for
vs
(
our
cause
being
so
firmely
and
suerly
establisshed
vppon
al
good
reason
and
lawe
)
to
stande
at
defence
,
and
onely
to
auoide
(
as
easely
we
may
)
their
obiections
,
which
principally
and
chiefly
are
grounded
vpon
the
common
lawes
and
Statutes
of
this
Realme
:
yet
for
the
bettering
and
strengthening
of
the
same
,
we
shal
lay
forth
sundrie
great
and
inuincible
reasons
,
conioyned
with
good
and
sufficient
authoritie
of
the
law
,
so
approued
and
confirmed
,
that
the
Aduersaries
shal
neuer
be
able
iustly
to
impugne
them
.
And
so
that
we
trust
,
after
the
reading
of
this
Treatise
,
and
the
effectes
of
the
same
wel
digested
,
no
maner
of
scruple
ought
to
remaine
in
any
indifferent
mans
hart
,
concerning
her
right
and
Title
.
Whose
expectation
and
conscience
allthough
we
truste
fully
in
this
Discourse
to
satisfie
,
and
doubt
nothing
in
the
worlde
of
the
righteousnes
of
our
cause
:
yet
must
we
nedes
confesse
,
the
manner
and
forme
to
entreate
therof
to
be
ful
of
difficultie
and
perplexity
.
For
such
causes
of
Princes
,
as
they
be
seldome
and
rare
,
so
is
it
more
rare
and
strange
,
to
finde
them
discoursed
,
discussed
and
determined
by
any
lawe
or
statute
,
albe
it
nowe
and
then
some
statutes
tende
that
waye
.
Inst.
de
iust
.
&
iure
§.
fin
.
Neither
do
our
lawes
,
nor
the
Corps
of
the
Romaine
and
Ciuil
law
lightly
meddle
with
the
princelie
gouernement
,
but
with
priuate
mens
causes
.
And
yet
this
notwithstanding
,
for
the
better
iustification
of
our
cause
,
albe
it
I
denie
not
,
but
that
by
the
common
law
it
muste
be
knowen
,
who
ought
to
haue
the
Croune
,
and
that
the
common
lawe
muste
discerne
the
right
,
aswel
of
the
Croune
,
as
of
subiectes
:
yet
I
saye
,
that
there
is
a
greate
difference
betwene
the
Kings
right
,
and
the
right
of
others
:
And
that
the
Title
of
the
Croune
of
this
Realme
is
not
subiect
to
the
rules
and
principles
of
the
common
lawe
of
this
Realme
,
as
to
be
ruled
and
tryed
after
such
order
and
course
,
as
the
inheritance
of
priuate
persons
is
by
the
same
.
In
Prologo
suo
eiusdem
li.
fo.
1.
et
2.
De
dict.
Ranulpho
Glāuilla
uide
Giraldum
Cambren
.
in
topogra
.
de
Wallia
.
For
the
prous
whereof
let
vs
consider
,
what
the
common
lawe
of
this
Realme
is
,
and
how
the
rules
thereof
be
grounded
and
do
take
place
.
It
is
very
manifeste
and
plaine
,
that
the
common
lawe
of
this
Realme
of
England
is
no
law
written
,
but
grounded
only
vpon
a
common
and
generall
custome
throughout
the
whole
realme
,
as
appeareth
by
the
Treatise
of
the
auncient
and
famous
Writer
of
the
lawes
of
the
realme
named
Ranulphus
de
Glanuilla
,
who
wrote
in
the
time
of
the
noble
King
Henrie
the
second
,
of
the
law
and
Custome
of
the
realme
of
England
:
being
then
,
and
also
in
the
time
of
the
raigne
of
King
Richarde
the
firste
,
the
chiefe
Counsailour
and
Iustice
of
the
same
King
,
de
lau
.
Leg.
Angl.
c.
17.
●
.
E.
4.19.33
.
H.
6.51
.
Pinsons
printe
.
and
also
by
the
famouse
Iustice
Fortescue
in
his
booke
whiche
he
wrote
being
Chauncellour
of
England
De
laudibus
Legum
Angltae
.
And
by
33.
H.
6.51
.
and
by
E.
4.19
.
Whiche
Custome
by
vsage
and
continuall
practise
heretofore
had
in
the
Kinges
Courts
within
this
Realme
is
only
knowen
and
mainteined
:
wherein
we
seeme
much
agreable
to
the
olde
Lacedemonians
,
who
many
hundred
yeres
past
most
politikely
and
famously
gouerned
their
common
Wealth
with
lawe
vnwritten
:
Inst.
de
iure
natura
.
gent.
&
ciuil
.
§.
ex
non
script
.
whereas
among
the
Athenians
the
writen
lawes
bare
al
the
sway
.
This
thing
being
so
true
,
that
with
any
reason
or
good
authoritie
it
can
not
be
denied
:
then
we
are
farther
to
consider
,
whether
the
Kinges
Title
to
the
Croune
can
be
examined
,
tried
and
ordered
by
this
common
Custome
,
or
no.
Yf
ye
say
it
may
:
then
must
ye
proue
by
some
recorde
,
that
it
hath
bene
so
vsed
:
otherwise
ye
only
say
it
,
and
nothing
at
all
proue
it
.
For
nothing
can
be
said
by
lawe
to
be
subiecte
to
any
custome
,
vnlesse
the
same
hath
ben
vsed
accordingly
,
and
by
force
of
the
same
custom
.
I
am
wel
assured
,
that
you
are
not
able
to
proue
the
vsage
and
practise
thereof
by
any
record
in
any
of
the
Kings
courts
.
Yea
I
wil
farther
say
vnto
you
,
and
also
proue
it
,
that
there
is
no
one
rule
general
or
special
of
the
common
lawe
of
this
Realme
,
which
ye
●●ther
haue
shewed
,
or
can
shewe
,
that
〈◊〉
bene
taken
by
any
iuste
construction
to
〈◊〉
tende
vnto
,
or
bind
the
King
or
his
Crou●●●
.
I
wil
not
denie
,
but
that
to
declare
and
see
forth
the
prerogatiue
and
Iurisdiction
of
the
King
,
ye
may
shewe
many
rules
of
the
lawe
,
but
to
binde
him
(
as
I
haue
sayde
)
ye
can
shewe
none
.
Ye
say
in
your
booke
,
that
it
is
a
Maxime
in
our
lawe
most
manifest
,
that
who
so
euer
is
borne
out
of
England
,
and
of
father
and
mother
not
being
of
the
obedience
of
the
King
of
England
,
can
not
be
capable
to
inherite
any
thing
in
England
.
Whiche
rule
being
general
,
without
any
wordes
of
exception
,
ye
also
say
,
must
nedes
extende
vnto
the
Croune
.
What
you
meane
by
your
law
,
I
knowe
not
.
But
if
you
meane
(
as
I
thinke
you
do
)
the
common
lawe
of
England
:
I
answere
,
there
is
no
such
Maxime
in
the
common
lawe
of
this
Realme
of
Englande
,
as
hereafter
I
shal
manifestly
proue
.
But
if
it
were
for
argumentes
sake
admitted
for
this
time
,
that
it
be
a
Maxime
or
general
rule
of
the
common
law
of
England
:
yet
to
say
,
that
it
is
so
general
,
as
that
no
exception
can
be
taken
against
the
same
rule
,
ye
shewe
your selfe
either
ignorant
,
or
els
very
carelesse
of
your
creditte
.
For
it
doth
plainely
appeare
by
the
Statute
of
25.
Whereby
it
moste
euidently
appeareth
,
that
it
extendeth
not
generally
to
al.
And
if
it
extende
not
to
binde
the
Kinges
children
in
respect
of
any
inheritance
descended
vnto
them
from
any
of
their
Auncestours
:
it
is
an
Argument
à
fortiori
,
that
it
doth
not
extende
to
binde
the
King
or
his
Croune
.
And
for
a
ful
and
short
answere
to
your
Authorities
sette
foorth
in
your
marginall
Notes
,
as
5.
Ed
ward
.
3.
tit
.
Ayle
.
13.
Ed
war
.
3.
tit
.
Bref
.
31.
Edw.
3.
tit
Coson
.
42.
Ed
war
.
3.
fol.
2.
22.
Henric.
6.
fol.
42.11
.
Henric.
4.
fol.
23.
&
24.
Litleton
.
ca.
vilenage
:
it
may
plainly
appeare
vnto
all
,
that
will
reade
and
pervse
those
Bookes
,
that
there
is
none
of
them
al
,
that
doth
so
much
as
with
a
peece
of
a
word
,
or
by
any
colour
or
shadow
seeme
to
intende
,
that
the
Title
of
the
Croune
is
bounde
by
that
your
supposed
general
rule
or
Maxime
.
For
euerie
one
of
the
said
Cases
argued
and
noted
in
the
said
Booke
,
are
onely
concerning
the
dishabilitie
of
an
Alien
borne
,
and
not
Denizon
,
Is
there
any
controuersie
about
the
Title
of
the
Croune
,
by
reason
of
any
such
dishabilitie
touched
in
any
of
these
Bookes
?
No
verely
,
not
one
worlde
,
I
dare
boldely
say
.
As
it
may
most
manifestly
appeare
to
them
,
that
wil
reade
and
pervse
those
bookes
.
And
yet
ye
are
not
ashamed
,
to
note
them
as
sufficient
authorities
for
the
maintenance
of
your
euil
purpose
and
intent
.
But
as
ye
would
seeme
to
vnderstand
,
that
your
rule
of
dishabilitie
is
a
general
Maxime
of
the
law
:
so
me
thinketh
ye
should
not
be
ignorant
,
that
it
is
also
as
general
,
yea
a
more
general
rule
and
Maxime
of
the
lawe
,
As
for
example
:
it
is
very
plaine
,
that
the
rule
of
the
Tenante
by
the
Curtesie
is
general
without
any
exception
at
al.
It
is
also
a
general
rule
,
Likewise
it
is
a
general
rule
,
that
the
wife
after
the
decease
of
her
husband
,
shal
be
endowed
and
haue
the
thirde
parte
of
the
best
possessions
of
her
husband
.
in
5.
E.
3.
Tit.
praerogat
.
Tit.
praerog
.
21.
E.
3.9
.
&
28.
H.
6.
Nor
the
rule
o●
Possessio
fratris
&c.
21.
E.
3.9
.
&
28.
H.
6.
and
diuers
other
bookes
.
Bysides
that
,
the
rule
of
Possessio
fratris
,
beinge
generall
,
neither
hath
bene
,
or
can
be
stretched
to
the
inheritance
of
the
Croune
.
For
the
brother
of
the
half
blood
shal
succede
,
and
not
the
sister
of
the
whole
blood
,
as
may
appeare
by
Iustice
Moile
,
as
may
be
proued
by
King
Etheldred
brother
and
successor
to
King
Edward
the
Martyr
,
and
by
King
Edwarde
the
Confessour
,
brother
to
King
Edmunde
,
and
diuers
other
,
who
succeded
in
the
Croune
of
England
,
being
but
of
the
halfe
blood
.
As
was
also
the
late
Queene
Marie
,
and
is
at
this
presente
her
sister
who
both
in
al
recordes
of
our
lawe
,
wherein
their
seueral
rightes
and
titles
to
the
Croune
are
pleaded
(
as
by
daily
experience
,
aswell
in
the
Exchequer
,
as
also
in
all
other
Courtes
is
manifest
)
doe
make
their
conueiance
as
heires
in
blood
th'
one
to
the
other
,
which
if
they
were
common
or
priuate
persons
,
they
could
not
be
allowed
in
lawe
,
they
(
as
is
wel
knowen
)
being
of
the
halfe
blood
one
to
the
other
,
that
is
to
wit
,
begotten
of
one
father
,
but
borne
of
sundrie
mothers
.
It
is
also
a
general
rule
in
the
lawe
,
that
the
executour
shal
haue
the
good
and
Chattles
of
the
testatour
,
But
to
this
you
would
seeme
to
answere
in
your
said
booke
,
saying
,
that
Henry
the
seuenth
,
notwithstanding
his
Attainder
,
came
to
the
Croune
,
as
caste
vpon
him
by
the
order
of
the
lawe
:
forasmuch
that
when
the
Croune
was
caste
vpon
him
,
that
dishabilitie
ceassed
.
Wherein
ye
confesse
directly
,
that
the
Attainder
is
no
dishabilitie
at
all
to
the
succession
of
the
Croune
.
For
although
no
dishabilitie
can
be
alleaged
in
him
,
that
hath
the
Croune
in
possession
:
yet
if
there
were
any
dishabilitie
in
him
before
to
receue
and
take
the
same
by
lawful
succession
,
then
must
ye
say
,
that
he
was
not
lawful
King
,
but
an
vsurper
.
And
therfore
in
confessing
Henry
the
seuenth
to
be
a
lawful
King
,
and
that
the
Croune
was
lawfully
caste
vppon
him
,
ye
confesse
directly
thereby
,
that
before
he
was
Kinge
in
possession
,
there
was
no
dishabilitie
in
him
to
take
the
Croune
by
lawful
succession
,
his
said
Attainder
notwithstanding
:
which
is
as
much
as
I
would
wish
you
to
graunt
.
But
in
conclusion
,
vnderstanding
your self
,
that
this
your
reason
can
not
mainteine
your
intente
:
you
goe
about
an
other
way
to
helpe
your self
,
making
a
difference
in
the
lawe
betwene
the
case
of
Attainder
,
and
the
case
of
foraine
byrth
out
of
the
Kinges
allogeāce
:
Yf
the
Croune
had
bene
holden
of
any
person
,
to
whome
it
might
haue
escheted
,
as
in
your
case
of
I.S.
the
lande
did
:
then
peraduenture
there
had
bene
some
affinitie
betwene
your
said
case
,
and
the
case
of
the
Croune
.
But
there
is
no
such
matter
.
Bysides
that
,
ye
muste
consider
,
that
the
King
cometh
to
the
Croune
,
not
onely
by
descente
,
but
also
and
chiefly
by
succession
,
as
vnto
a
corporation
.
And
therefore
ye
might
easely
haue
sene
a
difference
in
your
cases
betwene
the
Kinges
Maiestie
,
and
I.S.
a
subiecte
:
And
also
betwene
landes
holden
of
a
Lorde
aboue
,
and
the
Croune
holden
of
no
earthly
Lorde
,
but
of
God
almighty
onely
.
But
yet
for
arguments
sake
I
would
faine
knowe
,
where
you
finde
your
difference
,
and
what
authoritie
you
can
shew
for
the
prouf
thereof
?
Ye
haue
made
no
marginal
note
of
any
authoritie
:
and
therefore
vnlesse
ye
also
saye
,
that
ye
are
Pythagoras
,
I
will
not
beleue
your
difference
.
Wel
I
am
assured
,
that
I
can
shew
you
good
authoritie
to
the
contrarie
,
and
that
there
is
no
difference
in
your
cases
.
Pervse
I
praie
you
22.
H.
6.
But
to
procede
on
in
the
proufe
of
our
purpose
,
as
it
doth
appeare
,
that
neither
the
King
,
nor
his
Croune
is
bound
by
these
general
rules
,
which
before
I
haue
shewed
:
so
do
I
likewise
say
of
al
the
residue
of
the
general
rules
and
Maximes
of
the
lawe
,
But
to
retourne
againe
vnto
your
onely
supposed
Maxime
,
whiche
you
make
so
general
,
concerning
the
dishabilitie
of
persons
borne
beyond
the
seas
:
it
is
very
plaine
,
that
it
was
neuer
taken
,
to
extende
vnto
the
Croune
of
this
Realme
of
Englande
,
as
it
may
appeare
by
King
Stephen
,
and
by
King
Henry
the
seconde
,
who
were
both
straungers
and
Frenchemen
,
and
borne
out
of
the
Kinges
allegeance
,
and
neither
were
they
Kinges
children
immediate
,
nor
their
parentes
of
the
allegeance
,
and
yet
they
haue
bene
alwaies
accompted
lawfull
Kinges
of
England
,
nor
their
title
was
by
any
man
at
any
time
defaced
or
comptrolled
for
any
such
consideration
or
exception
of
foraine
birth
.
And
it
is
a
worlde
to
see
,
Bysides
this
,
I
haue
hard
some
of
the
aduersaries
for
farther
helpe
of
their
intention
in
this
matter
saye
,
that
King
Henry
the
second
was
à
Queenes
childe
,
and
so
King
by
the
rule
of
the
common
law
.
Truely
I
know
,
he
was
an
Emperesse
childe
,
but
no
Queene
of
Englandes
childe
.
For
although
Maude
the
Emperesse
his
mother
had
a
right
and
a
good
title
to
the
Croune
,
and
to
be
Queene
of
England
,
yet
was
she
neuer
in
possession
,
but
kepte
from
the
possession
by
King
Stephen
.
And
therefore
King
Henry
the
second
can
not
iustly
be
saied
,
to
be
a
Queene
of
Englandes
childe
,
nor
yet
any
Kinges
childe
,
vnlesse
ye
would
intend
the
Kinges
children
by
the
wordes
of
Infantes
de
Roy
&c.
to
be
children
of
farther
degree
,
and
descended
from
the
right
line
of
the
King
:
so
ye
might
say
truely
,
that
he
was
the
child
of
King
Henry
the
first
,
being
in
deede
the
sonne
and
heire
of
Maude
the
Emperesse
,
daughter
and
heire
of
Kinge
Henrie
the
first
.
Whereby
your
saide
rule
is
here
fowly
foiled
.
And
therefore
ye
would
faine
,
for
the
maintenance
of
your
pretensed
Maxime
,
catche
some
holde
vppon
Arthur
the
sonne
of
Ieffrey
,
one
of
the
sonnes
of
the
saide
Henry
the
seconde
Ye
say
then
like
a
good
and
ioly
Antyquarie
,
that
he
was
reiected
from
the
Croune
,
bycause
he
was
borne
out
of
the
Realme
.
That
he
was
borne
out
of
the
Realme
,
it
is
very
true
:
but
that
he
was
reiected
from
the
Croune
for
that
cause
,
it
is
very
false
.
Neither
haue
you
any
autoritie
to
proue
your
vaine
opinion
in
this
pointe
.
For
it
is
to
be
proued
by
the
Cronicles
of
this
Realme
,
that
King
Richarde
the
first
,
vncle
vnto
the
sayd
Arthur
,
taking
his
iourney
towarde
Hierusalem
,
declared
the
said
Arthur
(
as
we
haue
declared
before
)
to
be
heire
apparent
vnto
the
Croune
:
whiche
would
not
haue
ben
,
if
he
had
bene
taken
to
be
vnhable
to
receaue
the
Croune
by
reason
of
foraine
birth
.
And
although
King
Iohn
did
vsurpe
,
aswel
vpon
the
saide
King
Richard
the
firste
his
eldest
brother
,
as
also
vpon
the
sayd
Arthur
thur
his
nephewe
:
In
tractatu
paci●
inter
Richa
.
1.
&
Tancredū
Regem
Si
ciliae
.
Vide
Reg.
Houeden
.
&
Richardum
Canonicum
S.
Trinitatis
Londin
.
yet
that
is
no
prouf
,
that
he
was
reiected
,
bycause
he
was
borne
out
of
the
Realme
.
Yf
ye
could
proue
that
,
then
had
you
shewed
some
reason
and
president
to
proue
your
intent
,
whereas
hytherto
you
haue
shewed
none
at
al
,
nor
I
am
wel
assured
shal
neuer
be
able
to
shewe
.
Thus
may
ye
see
,
gentle
Reader
,
that
neither
this
pretensed
Maxime
of
the
lawe
set
forth
by
th'
Aduersaries
,
nor
a
great
nomber
more
,
as
general
as
this
is
(
whiche
before
I
haue
shewed
)
can
by
any
reasonable
meanes
be
stretched
,
to
bind
the
Croune
of
England
.
These
reasons
and
authorities
may
for
this
time
suffice
,
to
proue
,
that
the
Croune
of
this
Realme
is
not
subiecte
to
the
rules
and
the
Principles
of
the
common
lawe
,
neither
can
be
ruled
and
tried
by
the
same
.
Whiche
thing
being
true
,
al
the
obiections
of
the
Aduersaries
made
against
the
title
of
Marie
the
Queene
of
Scotland
to
the
succession
of
the
Croune
of
this
Realme
,
are
fully
answered
,
and
thereby
clearly
wiped
away
.
Yet
for
farther
arguments
sake
,
and
to
the
ende
we
might
haue
al
matters
sifted
to
the
vttermost
,
and
therby
al
things
made
plaine
:
let
vs
for
this
tyme
somewhat
yeelde
vnto
the
Aduersaries
,
admitting
,
that
the
Title
of
the
Croune
of
this
Realme
were
to
be
examined
and
tried
by
the
rules
and
principles
of
the
common
law
,
and
then
let
vs
consider
and
examin
farther
,
whether
ther
be
any
rule
of
the
common
law
,
or
els
any
statute
,
that
by
good
and
iust
construction
can
seeme
to
inpugne
the
said
title
of
Marie
the
Queene
of
Scotland
,
or
no.
For
touching
her
lineal
descente
from
King
Henry
the
seuenth
,
and
by
his
eldest
daughter
(
as
we
haue
shewed
)
there
is
no
man
so
impudent
to
denie
.
What
is
there
then
to
be
obiected
among
al
the
rules
,
Maximes
,
and
iudgements
of
the
common
law
of
this
Realm
?
Only
one
rule
,
as
a
general
Maxime
,
is
obiected
against
her
.
And
yet
the
same
rule
is
so
vntruely
set
forth
,
that
I
can
not
wel
agree
,
that
it
is
any
rule
or
Maxime
of
the
common
law
of
this
Realm
of
England
.
Your
pretensed
Maxime
is
,
whosoeuer
is
born
out
of
the
realm
of
England
,
and
of
father
and
mother
not
being
vnder
the
obedience
of
the
King
of
England
,
cannot
be
capable
to
inherite
any
thing
in
England
.
But
yet
let
vs
see
fartther
,
whether
there
be
any
rule
or
Maxime
in
the
common
Law
,
that
may
seeme
any
thing
like
to
that
rule
,
wherevppon
any
matter
may
be
gathered
against
the
Title
of
the
said
Marie
Queene
of
Scotland
.
There
is
one
rule
of
the
common
Lawe
,
in
wordes
somewhat
like
vnto
that
,
whiche
hath
ben
alleaged
by
the
Aduersaries
.
Which
rule
is
set
forth
and
declared
by
a
statute
made
anno
25.
of
King
Edward
the
third
.
Which
statute
reciting
the
doubt
that
then
was
,
whether
infants
borne
out
of
the
allegeance
of
England
,
should
be
hable
to
demaund
any
heritage
within
the
same
allegeance
,
or
no
:
it
was
by
the
same
statute
ordeined
,
that
al
infantes
inheritours
,
which
after
that
time
should
be
borne
out
of
the
allegeance
of
the
King
,
whose
father
and
mother
at
the
time
of
their
birth
,
were
of
the
feaith
and
allegeance
of
the
King
of
England
,
should
haue
and
enioy
the
same
benefittes
and
aduantages
,
to
haue
and
carie
heritage
within
the
said
allegeance
,
as
other
heires
should
.
Whervpon
it
is
to
be
gathered
by
dew
and
iust
construction
of
the
statute
,
and
hath
bene
heretofore
commonly
taken
,
that
the
common
law
alwaies
was
,
and
yet
is
,
that
no
person
borne
out
of
the
allegeance
of
the
King
of
England
,
whose
father
and
mother
were
not
of
the
same
allegeance
,
should
be
able
to
haue
or
demaund
any
heritage
within
the
same
allegeance
,
as
heire
to
any
person
.
Which
rule
I
take
to
be
the
same
supposed
Maxime
,
which
the
Aduersaries
do
meane
.
But
to
stretch
it
generally
to
al
inheritances
(
as
the
Aduersaries
woulde
seeme
to
do
)
by
any
reasonable
meanes
can
not
be
.
For
(
as
I
haue
said
before
)
euery
stranger
and
Alien
borne
,
may
haue
and
take
inheritance
,
Now
wil
we
then
consider
,
whether
this
rule
by
any
reasonable
construction
can
extende
vnto
the
Lady
Marie
the
Queene
of
Scotland
,
for
and
concerning
her
Title
to
the
Croune
of
England
.
It
hath
bene
said
by
the
Aduersaries
,
that
she
was
borne
in
Scotland
,
which
realm
is
out
of
the
allegeance
of
England
,
her
father
and
mother
not
being
of
the
same
allegeance
.
And
therfore
by
the
said
rule
,
she
is
not
inheritable
to
the
Croune
of
this
Realm
.
Although
I
might
at
the
beginning
very
wel
and
orderly
deny
the
consequent
of
your
argument
:
yet
for
this
time
we
wil
first
examine
the
Antecedent
,
whether
it
be
true
or
no
,
and
then
consider
vpon
the
consequent
.
But
peraduenture
some
wil
obiecte
and
say
,
that
by
that
reason
France
should
likewise
be
said
to
be
within
the
allegeance
of
England
:
forasmuch
as
the
possession
of
the
Croune
of
France
hath
bene
within
a
litle
more
then
the
space
of
one
hundred
yeares
now
last
past
,
laufully
vested
in
the
kinges
of
England
,
whose
right
and
title
stil
remaineth
.
To
that
obiection
it
may
be
answered
,
that
there
is
a
great
difference
betwene
the
right
and
title
,
which
the
Kings
of
England
claime
to
the
Realme
of
Fraunce
,
and
the
right
and
title
which
they
claime
to
the
Realme
of
Scotlande
.
Although
it
be
true
,
that
the
Kinges
of
Englande
haue
bene
lawfully
possessed
of
the
Croune
of
France
:
yet
during
such
time
,
as
they
by
vsurpation
of
others
are
dispossessed
of
the
saide
Realme
of
France
,
the
same
Realme
by
no
meanes
can
be
said
to
be
within
their
allegeance
:
especially
considering
,
how
that
syns
the
time
of
vsurpation
,
the
people
of
France
haue
wholy
forsaken
their
allegeance
and
subiection
,
which
they
did
owe
vnto
the
Kings
of
Englande
,
and
haue
geuen
and
submitted
them selues
vnder
the
obedience
and
allegeance
of
the
vsurpers
.
But
as
for
the
Realme
of
Scotlande
,
it
is
otherwise
.
For
the
Title
,
whiche
the
Kinges
of
England
haue
claimed
vnto
the
Realme
of
Scotland
,
is
not
in
the
possession
of
the
lande
and
Croune
of
Scotlande
:
but
onely
vnto
the
seruice
of
homage
and
fealtie
for
the
same
.
And
although
the
Kinges
of
Scotland
,
sith
the
time
of
King
Henry
the
eight
,
haue
intermitted
to
doe
the
said
homage
and
fealtie
vnto
the
Kinges
of
Englande
:
yet
for
al
that
the
Kinges
of
Scotland
can
not
by
any
reason
or
lawe
be
called
vsurpers
.
And
thus
may
ye
see
,
gentle
Reader
,
by
the
opinion
of
al
indifferente
men
,
not
lead
by
affection
,
that
the
Realme
of
Scotlande
hath
bene
,
and
is
yet
within
the
allegeance
and
dominion
of
England
.
And
so
is
the
Antecedent
or
first
proposition
false
.
And
yet
that
maketh
no
proufe
,
that
the
Realme
of
France
likewise
should
nowe
be
said
to
be
within
the
allegeance
of
the
Kings
of
England
,
by
reason
of
the
manifest
and
apparent
difference
before
shewed
.
But
what
if
your
Antecedent
were
true
,
and
that
we
did
agree
both
with
the
said
Queene
of
Scotland
and
her
subiectes
,
and
also
with
you
,
that
Scotland
were
out
of
the
allegeance
of
England
?
Yet
it
is
very
plaine
,
that
your
consequent
and
conclusion
can
not
by
any
meanes
be
true
.
No
man
doubteth
,
but
that
a
Prior
Alien
being
no
denizon
,
Tit.
Bref.
264.16
.
E.
3.
iurans
desait.
166.17
.
E.
3.
tit
.
scire
fac
.
7.
A
Deane
,
a
Person
,
a
Priour
being
an
Alien
may
demande
lande
in
the
right
of
his
corporation
.
An
3.
R.
2.6
.
C.
3.
fo.
21.
tit
.
droit
26.
lib.
Ass.
p.
54.12
.
li.
Ass.
tit.
enfant
.
13.
H
●
fol.
14.7
.
E.
4.
fol.
10.16
.
E.
3.
iurans
defait
9.
H.
6.
fol.
33.35
.
H.
6.
so.
35.5
.
E.
4
fol.
70.49
.
li.
Ass
.
A.
8●
22.
H.
6.
fo.
31.13
.
H.
●
.
so.
14.
might
alwaies
in
time
of
peace
demaund
land
in
the
right
of
his
corporation
.
And
so
likewise
a
Deane
or
a
Person
being
Aliens
,
and
no
deniznos
,
might
demaund
lande
,
in
respecte
of
their
corporations
,
not
withstanding
the
said
supposed
rule
or
Maxime
,
as
may
appeare
by
diuerse
booke
cases
,
as
also
by
the
statute
made
in
the
time
of
King
Richard
the
second
.
And
although
the
Croune
hath
alwaies
gone
according
to
the
common
course
of
a
Descent
:
yet
doth
it
not
properly
descende
,
but
succede
.
And
that
is
the
reason
of
the
lawe
,
that
although
the
Kinge
be
more
fauoured
in
all
his
doinges
,
then
any
common
person
shal
be
:
yet
can
not
the
King
by
lawe
auoide
his
grauntes
and
Letters
Patentes
by
reason
of
his
Nonage
,
as
other
infantes
may
doe
,
but
shal
alwaies
be
said
to
be
of
ful
age
in
respect
of
his
Croune
:
euen
as
a
Person
,
Vicare
or
Deane
,
or
any
other
person
incorporate
shal
be
.
Whiche
can
not
by
any
meanes
be
said
in
lawe
,
to
be
within
age
in
respect
of
their
corporations
,
although
the
corporation
be
but
one
yeare
olde
.
Bysides
that
,
the
King
can
not
by
the
law
auoide
the
Letters
Patentes
made
by
any
vsurper
of
the
Croune
(
vnlesse
it
be
by
act
of
Parlament
)
no
more
then
other
persons
incorporate
shal
auoide
the
grauntes
made
by
one
that
was
before
wrongfully
in
their
places
and
romes
:
The
third
and
most
prncipall
cause
of
all
is
,
for
that
in
the
said
statute
,
whervpon
the
said
supposed
rule
or
Maxime
is
gathered
,
the
children
descendantes
and
descended
of
the
blood
royal
by
the
wordes
of
Infantes
de
Roy
are
expresly
excepted
out
of
the
said
supposed
rule
or
Maxime
.
First
by
the
Ciuil
lawe
this
word
Liberi
(
which
the
worde
Infantes
,
being
the
vsuall
and
original
worde
of
the
statute
written
in
the
Frenche
tongue
,
counteruaileth
)
doth
comprehende
by
proper
and
peculier
signification
not
only
the
children
of
the
first
degree
,
Sed
&
si
de
in
ius
uo
cando
instit
.
de
haere.
ab
intest
.
That
he
who
is
manumissed
or
made
free
,
shal
not
commence
any
Action
against
the
children
of
the
Patrone
or
manumissour
without
licence
,
not
onely
the
first
degree
,
but
the
other
also
is
conteined
.
Lucius
ff.
de
baered
.
instit
.
L.
Iusta
.
&
L.
N●torū
.
&
L.
Liberorum
de
uerb
.
signif
.
L.
2.
§
s●
mater
ad
S.
C.
Tertul
.
L.
Filius
.
de
S.
C.
Maced
.
L.
Senatus
de
ritu
nug●
.
The
like
is
,
when
the
lawe
of
the
twelue
Tables
saith
:
The
first
place
and
roome
of
succession
,
after
the
death
of
the
parentes
that
die
intestate
,
is
due
to
the
children
,
which
succession
apperteineth
as
wel
to
degrees
remoued
,
as
to
the
firste
.
Yea
in
al
causes
fauourable
(
as
ours
is
)
this
worde
son
Filius
,
conteineth
the
nephew
,
though
not
by
the
propertie
of
the
voice
or
speache
,
yet
by
interpretation
admittable
in
al
such
thinges
,
as
the
law
disposeth
of
.
As
touching
this
worde
Infantes
,
in
French
:
We
say
,
quod
s●
nepotes
.
ff.
test
.
cum
notatis
ibid.
that
it
reacheth
to
other
Descendants
,
as
wel
as
the
first
degree
.
Wherein
I
do
referre
me
to
suche
as
be
expert
in
the
said
tongue
.
We
haue
no
one
worde
(
for
the
barenes
of
our
English
tonge
)
to
counterpaise
the
said
French
word
Infantes
,
Infant
of
Spaine
:
euen
as
the
late
deceased
Lorde
Charles
of
Austrich
was
called
,
his
father
and
grandfather
then
liuing
.
Yf
then
the
original
word
of
the
statute
,
declaring
the
said
rule
,
may
naturally
and
properly
apperteine
to
al
the
Descendants
:
why
should
we
straine
and
binde
it
to
the
first
degree
only
,
otherwise
then
the
nature
of
the
worde
or
reason
wil
beare
?
For
I
suppose
verely
,
that
it
wil
be
very
harde
for
the
Aduersarie
,
to
geue
any
good
and
substantial
reason
,
why
to
make
a
diuersitie
in
the
cases
.
But
touching
the
contrarie
,
there
are
good
and
probable
considerations
,
which
shall
serue
vs
for
the
seconde
cause
.
As
,
for
that
the
grandfathers
cal
their
nephewes
,
as
by
a
more
pleasant
plausible
name
,
Instituens
.
ff.
de
liber
.
E●
post
.
l.
ff
.
C.
de
impub.
Al●is
substan
c
1.
q.
4
Father
and
son
compted
in
person
and
flesh
,
in
maner
one
not
only
their
children
,
but
their
sonnes
also
,
and
for
that
the
sonne
being
deceased
(
the
grandfather
suruiuing
)
not
only
the
grandfathers
affection
,
but
also
such
right
,
title
and
interest
,
as
the
sonne
hath
by
the
lawe
,
and
by
proximitie
of
blood
,
growe
and
drawe
al
to
the
nephew
,
who
representeth
and
supplieth
the
fathers
place
,
the
father
and
the
sonne
being
compted
in
person
and
in
flesh
in
maner
but
as
one
.
Why
shal
then
the
bare
and
naked
consideration
of
the
external
and
accidental
place
of
the
birth
only
seuer
and
sunder
suche
an
entier
,
inwarde
and
natural
coniunction
?
Adde
therevnto
,
the
many
and
great
absurdities
,
that
may
hereof
spring
and
ensue
.
Diuerse
of
the
Kinges
of
this
Realme
,
as
wel
before
the
time
of
King
Edwarde
the
third
(
in
whose
time
this
statute
was
made
)
as
after
him
,
This
absurditie
would
haue
bene
more
notable
,
if
it
had
chanced
about
the
time
of
King
Henry
the
second
,
or
this
king
Edward
or
king
Henry
the
firste
and
sixte
,
when
the
possessions
of
the
Croune
of
this
Realme
were
so
amply
enlarged
in
other
Countries
beyond
the
seas
.
And
yet
neuer
so
notable
,
as
it
might
haue
bene
hereafter
in
our
fresh
memorie
and
remembrance
,
if
any
such
thing
had
chanced
(
as
by
possibilitie
it
might
haue
chanced
)
by
the
late
mariage
of
King
Philippe
and
Queene
Marie
.
For
,
admitting
their
daughter
maried
to
a
foraine
Prince
,
should
haue
dyed
before
them
,
she
leauing
a
sonne
suruiuing
his
father
and
grandmother
,
they
hauing
none
other
issue
so
nigh
in
degree
:
then
would
this
late
framed
Maxime
haue
excluded
the
same
sonne
lamentably
and
vnnaturally
from
the
succession
of
the
Croune
of
Englande
,
and
also
the
same
Croune
from
the
inheritance
of
the
Realmes
of
Spain
,
of
both
Sicilies
,
with
their
appurtenances
,
of
the
Dukedom
of
Milan
,
and
other
landes
and
Dominions
in
Lumbardy
and
Italie
,
as
also
from
the
Dukedomes
of
Brabant
,
Luxēburg
,
Geldres
,
Zutphan
,
Burgundie
,
Friseland
,
from
the
Countreies
of
Flandres
,
Artois
,
Holland
,
Zealand
,
and
Namurs
,
and
from
the
new
found
lands
,
parcel
of
the
said
Kingdome
of
Spaine*
.
Which
are
(
vnlesse
I
be
deceued
)
more
ample
by
dubble
or
treble
,
then
al
the
Countreies
now
rehearsed
.
Al
the
which
Countreies
by
the
foresaid
Mariage
should
haue
bene
by
al
right
deuolued
to
the
said
sonne
,
if
any
such
child
had
bene
borne
.
If
either
the
same
by
the
force
of
this
iolye
newe
found
Maxime
had
bene
excluded
from
the
Croune
of
England
,
or
the
saide
Croune
from
the
inheritance
of
the
foresaid
Countreies
:
were
there
any
reason
to
be
yelded
,
for
the
maintenance
of
this
supposed
rule
or
Maxime
in
that
case
?
Or
might
there
possibly
rise
any
commodity
to
the
Realme
,
by
obseruing
therein
this
rigorous
pretensed
rule
,
that
should
by
one
hundred
part
counteruaile
this
importable
losse
and
spoile
of
the
Croune
,
and
of
the
lawful
inheritour
of
the
same
?
But
perchance
for
the
auoiding
of
this
exception
limited
vnto
the
blood
roial
,
some
wil
say
,
that
the
same
was
but
a
priuilege
graunted
to
the
Kinges
children
,
not
in
respect
of
the
succession
of
the
Croune
,
but
of
other
landes
descending
to
them
from
their
Auncestours
.
Whiche
although
we
might
very
wel
admit
and
allow
:
yet
can
it
not
be
denied
,
but
that
the
same
priuilege
was
graunted
vnto
the
Kinges
children
and
other
descendantes
of
the
Blood
roial
,
by
reason
of
the
dignity
and
worthines
of
the
Croune
,
which
the
King
their
father
did
enioy
,
and
the
great
reuerence
,
which
the
law
geueth
of
dewtie
therevnto
.
And
therefore
if
ye
would
go
about
,
to
restraine
and
withdraw
from
the
Croune
that
priuilege
,
whiche
the
lawe
geueth
to
the
Kinges
children
for
the
Crounes
sake
:
ye
should
doo
therein
contrarie
to
al
reason
,
and
against
the
rules
of
the
Arte
of
Reasoning
,
which
saith
,
that
:
Propter
quod
vnumquodque
,
&
illud
magis
.
Byside
that
,
I
would
faine
knowe
,
by
what
reason
might
a
man
saye
,
that
they
of
the
Kinges
Bloodde
borne
out
of
the
allegeaunce
of
Englande
,
maye
inherite
landes
within
this
Realme
,
as
heires
vnto
their
Ancestours
,
not
being
able
to
inherite
the
Croune
.
Truly
in
mine
opinion
it
were
against
al
reason
.
But
on
the
contrarie
side
,
the
very
force
of
reason
muste
driue
vs
to
graunt
the
like
.
Yea
more
great
and
ample
priuilege
and
benefit
of
the
law
in
the
succession
of
the
Croune
.
By
the
Ciuil
law
the
right
of
the
inheritance
of
priuate
persons
is
hemmed
and
inched
within
the
bandes
of
the
tenth
degre
.
Vide
Anto.
Corsetum
de
potest
.
et
excell
.
regi
.
q.
106.
The
Blood
roial
runneth
a
farther
race
,
and
so
farre
as
it
may
be
found
:
wherewith
the
great
and
mightie
Conquerors
are
glad
and
faine
to
ioine
withal
,
Now
in
case
these
two
causes
and
considerations
wil
not
satisfie
th
Aduersarie
:
we
wil
adioine
therevnto
a
third
,
which
he
shal
neuer
by
any
good
and
honest
shift
auoid
.
And
that
is
the
vse
and
practise
of
the
Realme
,
as
wel
in
the
time
foregoing
the
said
statute
,
as
afterward
.
We
stand
vpon
the
interpretation
of
the
common
law
recited
and
declared
by
the
said
statute
.
And
how
shal
we
better
vnderstand
,
●
.
ff.
de
legious
.
what
the
law
is
therein
,
then
by
the
vse
and
practise
of
the
said
lawe
?
After
whose
death
the
said
king
apointed
Eadgar
Etheling
sonne
of
the
said
Outlaw
,
being
his
next
cosen
and
heire
,
as
he
was
of
right
to
the
Croune
of
England
.
And
for
that
the
said
Eadgar
was
but
of
yong
and
tender
yeares
,
Flor
histo
.
●066
.
Aelredus
Regioual
lens
.
de
reg
Anglorum
ad
Regem
Henr.
2.
and
not
able
to
take
vpon
him
so
great
a
gouernement
:
the
said
king
committed
the
protection
,
as
wel
of
the
yong
Prince
,
as
also
of
the
Realm
,
to
Harold
Earle
of
Kent
,
vntil
suche
time
,
as
the
said
Eadgar
had
obteined
perfit
age
to
be
hable
to
weld
the
state
of
a
King
,
Which
Harold
neuerthelesse
contrary
to
the
trust
,
supplanted
the
said
yong
Prince
of
the
Kingdome
,
and
put
the
Croune
vpon
his
own
head
.
By
this
it
is
apparent
,
that
foraine
birth
was
not
accompted
of
,
before
the
time
of
the
Conquest
,
a
iust
cause
to
repel
and
reiect
any
man
,
being
of
the
next
proximitie
in
blood
,
from
the
Title
of
the
Croune
.
And
though
the
said
king
Edward
the
Confessors
wil
and
purpose
toke
no
such
force
and
effect
,
as
he
desired
,
and
the
law
craued
:
yet
the
like
succession
toke
place
effectuously
in
king
Stephen
and
king
Henry
the
second
,
Not
long
after
,
she
was
maried
to
Ieffrey
Plantagenet
a
Frenchman
borne
,
Earle
of
Aniowe
,
who
begat
of
her
this
Henry
the
second
,
being
in
France
.
Whervpon
the
said
King
did
reuiue
and
renue
the
like
othe
of
allegeance
,
aswel
to
her
,
as
to
her
sonne
after
her
.
With
the
like
false
persuasion
the
Adueruersarie
abuseth
him selfe
and
his
Reader
,
touching
Arthur
Duke
of
Britanie
,
Nephew
to
King
Richard
the
first
.
As
though
forsooth
he
were
iustly
excluded
by
Kinge
Iohn
his
vncle
,
by
cause
he
was
a
forainer
borne
.
If
he
had
said
,
that
he
was
excluded
,
by
reason
the
vncle
ought
to
be
preferred
before
the
Nephewe
,
though
it
should
haue
ben
a
false
allegation
,
and
plaine
against
the
rules
of
the
lawes
of
this
Realme
:
(
as
may
wel
appeare
among
other
thinges
by
King
Richard
the
second
,
who
succeded
his
grandfather
king
Edward
the
third
,
which
Richard
had
diuerse
worthie
and
noble
vncles
,
who
neither
for
lacke
of
knowledge
coulde
be
ignorant
of
the
right
,
But
to
make
the
place
of
the
natiuitie
of
an
inheritour
to
a
kingdom
,
a
sufficient
barre
against
the
right
of
his
blood
,
it
seemeth
to
haue
but
a
weake
and
slender
holde
and
grounde
.
And
in
our
case
it
is
a
most
vnsure
and
false
ground
,
seeing
it
is
moste
true
,
that
King
Richard
the
first
(
as
we
haue
said
)
declared
the
said
Arthur
,
borne
in
Britanie
,
and
not
son
of
a
King
,
but
his
brother
Geffreys
sonne
Duke
of
Britanie
,
heire
apparent
,
his
vncle
Iohn
yet
liuing
.
And
for
such
a
one
is
he
taken
in
al
our
stories
.
And
for
such
a
one
did
all
the
worlde
take
him
,
after
the
said
King
Richard
his
death
,
neither
was
King
Iohn
taken
for
other
,
then
for
an
vsurper
by
excluding
him
,
and
afterward
for
a
murtherer
for
imprisoning
him
,
and
priuily
making
him
away
.
flor
histor.
An.
120●
.
Which
most
foul
and
shamful
act
the
said
Iohn
neded
not
to
haue
committed
,
if
by
foraine
birth
the
said
Arthur
had
been
barred
to
inherit
the
Croune
of
England
.
And
much
lesse
to
haue
imprisoned
that
most
innocent
Ladie
Elenor
,
sister
to
the
said
Arthur
,
in
Bristow
Castle
,
wher
she
miserably
ended
her
life
:
if
that
gay
Maxime
would
haue
serued
,
to
haue
excluded
these
two
children
,
bicause
thei
wer
strangers
,
borne
in
the
partes
beyond
the
seas
.
Yea
,
it
appeareth
in
other
doings
also
of
the
said
time
,
and
by
the
storie
of
the
said
Iohn
,
that
the
birth
out
of
the
legeance
of
England
,
by
father
and
mother
foram
,
was
not
taken
for
a
sufficient
repulse
and
reiection
to
the
right
and
title
of
the
Croune
.
For
the
Barons
of
England
,
being
then
at
dissension
with
the
said
King
Iohn
,
and
renouncing
their
allegeance
to
him
,
receaued
Lewis
the
eldest
sonne
of
Philip
the
French
king
,
to
be
their
King
,
in
the
right
of
Blanch
his
wife
,
whiche
was
a
stranger
borne
,
albe
it
the
lawful
Neece
of
the
said
Richard
,
and
daughter
to
Alphonse
king
of
Ca●til
,
begotten
on
the
bodie
of
Elenour
his
wife
,
one
of
the
daughters
of
king
Henrie
the
second
,
and
sister
to
the
said
king
Richard
and
king
Iohn
.
Which
storie
I
alleage
only
to
this
purpose
,
These
examples
are
sufficient
,
I
suppose
,
to
satisfie
and
content
any
man
(
that
is
not
obstinatly
wedded
to
his
own
fond
fantasies
and
froward
friuolous
imaginations
,
or
otherwise
worse
depraued
)
for
a
good
sure
and
substantial
interpretation
of
the
common
law
.
And
it
were
not
altogether
from
the
purpose
,
here
to
consider
and
weigh
,
with
what
and
how
greuous
plagues
this
Realme
hath
bene
oft
afflicted
and
scourged
,
by
reason
of
wrongful
and
vsurped
titles
.
Haroldus
,
muneribu●
&
genere
fretus
,
regni
diadema
innasit
.
H.
Hunte
hist.
Angli
lib.
5
Cut
regnum
iure
hereditario
debebatur
Palredus
Rhie
ual
in
histo.
R.
Angliae
ad
H.
2.
Cui
de
iure
debebatur
regnum
An
glorum
Io.
Lond.
in
Chron.
Angliae
.
Eadem
uerba
sunt
in
Math
West
mon.
in
flor.
hist.
a.
1066
What
calamities
sell
to
this
Realm
by
the
vsurping
of
King
Harolde
,
King
Stephen
,
and
Iohn
.
I
wil
not
reuiue
by
odious
rehearsal
the
greatenes
and
number
of
the
same
plagues
,
as
wel
otherwise
,
as
especially
by
the
contention
of
the
noble
houses
and
families
of
York
and
Lancaster
:
seeing
it
is
so
fortunately
,
and
almost
within
mans
remembrance
extinct
and
buried
.
I
wil
now
put
the
gentle
Reader
in
remembrance
of
those
only
,
with
whose
vsurping
Titles
we
are
nowe
presently
in
hand
.
And
to
begyn
with
the
most
auncient
:
what
became
,
I
pray
you
,
of
Harold
,
that
by
briberie
and
helpe
of
his
kinred
,
vsurped
the
Croune
against
the
foresaid
yong
Eadgar
,
who
(
as
I
haue
said
,
and
as
the
old
monuments
of
our
Historiographers
do
plainly
testifie
)
was
the
true
and
lawful
Heire
?
Could
he
,
thinke
you
enioy
his
ambitious
and
naughty
vsurping
one
whole
entier
yere
?
No
surely
.
ere
the
first
yeare
of
his
vsurped
reigne
turned
about
,
he
was
spoiled
and
turned
out
both
of
Croune
,
and
his
life
withal
.
Yea
his
vsurpation
occasioned
the
conquest
of
the
whole
realme
by
William
Duke
of
Normandie
bastard
sonne
to
Robert
the
sixt
Duke
of
the
same
.
And
may
we
thinke
al
safe
and
sound
now
from
like
danger
,
if
we
should
tread
the
said
wrong
steppes
with
Harolde
,
Rex
Eduar
dus
misit
&c.
ut
uel
ipse
Eduar
.
uel
filius
e
ius
sibi
succederent
&c.
Rich.
Cicest.
uid
.
Wil.
Malmest
.
de
reg.
Angl.
E.
2.
c.
45.
lib.
3.
c.
5.
forsaking
the
right
and
high
way
of
law
and
iustice
?
What
shal
I
now
speake
of
the
cruel
ciuil
warres
betwene
King
Stephen
and
King
Henry
the
second
,
whiche
warres
rose
,
by
reason
of
the
said
Henry
was
vniustly
kept
from
the
Croune
dew
to
his
mother
Maude
,
and
to
him
afterwardes
.
The
pitiful
reigne
of
the
said
Iohn
who
doth
not
lament
,
with
the
lamentable
losse
of
Normandie
,
Aquitaine
,
and
the
possibilitie
of
the
Dukedome
of
Britanie
,
and
with
the
losse
of
our
other
goodly
possessions
in
France
,
whereof
the
Croune
of
England
was
robbed
and
spoiled
by
the
vnlawful
vsurping
of
him
against
his
nephew
Arthur
.
Wel
let
vs
leaue
these
greuouse
and
lothsome
remembrances
,
and
let
vs
yet
seeke
,
if
we
may
finde
any
later
interpretation
,
either
of
the
said
statute
,
or
rather
of
the
common
law
for
our
purpose
.
And
lo
,
the
great
goodnes
and
prouidence
of
God
,
who
hath
(
if
the
foresaid
examples
would
not
serue
)
prouided
a
later
,
but
so
good
,
so
sure
,
so
apt
and
mete
interpretation
for
our
cause
,
as
any
reasonable
hart
may
desire
.
The
interpretation
directly
toucheth
our
case
,
which
I
meane
by
the
mariage
of
the
Lady
Margaret
eldest
daughter
to
King
Henry
the
vij
.
vnto
Iames
the
fourth
King
of
Scotland
,
and
by
the
opinion
of
the
said
most
prudent
Prince
in
bestowing
his
said
daughter
into
Scotland
:
a
matter
sufficient
inough
,
to
ouerthrow
al
those
cauilling
inuentions
of
the
aduersarie
.
For
what
time
King
Iames
the
fourth
sent
his
ambassadour
to
king
Henry
the
seuenth
to
obteine
his
good
wil
,
to
espouse
the
said
Lady
Margaret
,
I
say
then
,
the
worthy
wise
Salomon
foreseeing
,
that
such
deuolution
might
happen
,
was
an
interpretour
with
his
prudente
and
sage
Counsaile
for
our
cause
.
For
els
,
they
neaded
not
to
reason
of
any
such
subiection
to
Scotlande
,
if
the
children
of
the
Ladie
Margaret
might
not
lawfully
inherite
the
Croune
of
England
.
For
,
as
to
her
husband
we
could
not
be
subiect
,
hauing
him selfe
no
right
by
this
mariage
to
the
Title
of
the
Croune
of
this
Realme
.
Wherevpon
I
may
wel
inferre
,
that
the
said
newe
Maxime
of
these
men
(
whereby
they
would
rule
and
ouer
rule
the
succession
of
Princes
)
was
not
knowen
to
the
said
wise
King
,
neither
to
any
of
his
Counsaile
:
Or
if
it
were
,
yet
was
it
taken
not
to
reache
to
his
blood
royall
borne
in
Scotlande
.
And
so
on
euery
side
the
Title
of
Quene
Marie
is
assured
.
So
that
now
by
this
that
we
haue
said
,
it
may
easely
be
seen
,
by
what
light
and
slender
consideration
the
Aduersarie
hath
gone
about
to
strayne
the
wordes
Infantes
or
children
to
the
first
degree
only
.
Of
the
like
weight
is
his
other
consideration
,
imagining
and
surmising
,
this
statute
to
be
made
,
bicause
the
King
had
so
many
occasions
to
be
so
oft
ouer
the
sea
with
his
spouse
the
Queene
.
As
though
diuers
Kings
before
him
vsed
not
often
to
passe
ouer
the
seas
.
As
though
this
were
a
personal
statute
made
of
special
purpose
,
and
not
to
be
taken
as
a
declaration
of
the
common
law
.
Which
to
say
,
is
most
directly
repugnant
and
contrary
to
the
letter
of
the
said
statute
.
Or
as
though
his
children
also
did
not
very
often
repaire
to
outward
Countries
:
Now
by
this
mans
interpretation
,
none
of
the
issue
of
al
these
noble
Women
could
haue
enioyed
the
Croune
of
England
,
when
it
had
fallen
to
them
(
though
they
had
bene
of
the
neerest
roial
blood
)
after
the
death
of
their
Auncestours
.
Which
surely
had
bene
against
the
auncient
presidentes
and
examples
that
we
haue
declared
,
and
against
the
common
Lawe
(
the
whiche
muste
not
be
thought
by
this
Statute
any
thing
taken
away
,
but
only
declared
)
and
against
al
good
reason
also
.
For
as
we
would
haue
thought
this
Realme
greatly
iniured
,
if
it
had
ben
defrauded
of
Spaine
or
any
of
the
foresaid
countreies
,
being
deuolued
to
the
same
by
the
foresaid
Mariages
,
as
we
thincke
our self
at
this
day
iniured
,
for
the
withholding
of
France
:
so
the
issue
of
the
foresaide
noble
women
might
and
would
haue
thought
them
hardly
and
iniuriously
handled
,
yf
any
such
case
had
happened
.
Neither
suche
friuolous
interpretation
and
gloses
,
as
this
man
nowe
frameth
,
and
maketh
vppon
the
statute
,
woulde
then
haue
serued
,
nor
nowe
wil
serue
.
But
of
all
other
his
friuolous
and
folish
ghessing
vpon
the
clause
of
the
statute
for
Infantes
de
Roy
,
Infantes
de
Roy
was
made
for
the
great
doubte
more
in
them
,
then
in
other
personnes
,
touching
their
inheritance
to
their
Auncestours
.
For
being
then
a
Maxime
(
saieth
he
)
in
the
lawe
,
that
none
could
inherite
to
his
Auncestours
being
not
of
father
and
mother
vnder
the
obedience
of
the
King
:
seing
the
King
him selfe
could
not
be
vnder
obedience
:
it
plainely
seemed
,
that
the
Kinges
children
were
of
farre
worse
condition
,
then
others
,
and
quite
excluded
.
And
therefore
he
saith
,
that
this
statute
was
not
to
geue
them
any
other
priuilege
,
but
to
make
them
equall
with
other
.
And
that
therefore
this
statute
,
touching
the
Kinges
children
,
is
rather
in
the
superficial
parte
of
the
worde
,
then
in
effecte
.
Nowe
among
other
thinges
he
saieth
(
as
we
haue
shewed
before
)
that
this
word
Infantes
de
Roy
in
this
statute
mentioned
,
must
be
taken
for
the
children
of
the
first
degree
,
whiche
he
seemeth
to
proue
by
a
note
taken
out
of
M.
Al
the
doubt
was
for
other
persons
,
as
appeareth
euidently
by
the
tenour
of
the
statute
,
whether
by
the
common
law
they
being
borne
out
of
the
allegeance
,
were
heritable
to
their
Auncestours
.
And
it
appeareth
,
that
th'
Aduersary
is
driuen
to
the
hard
wal
,
when
he
is
faine
to
catch
hold
vpon
a
selie
poore
marginal
note
of
M.
Rastal
,
of
the
Kinges
children
,
and
not
of
the
Kings
childrens
children
.
Which
yet
nothing
at
al
serueth
his
purpose
touching
this
statute
.
But
he
,
or
the
Printer
,
or
who
so
euer
he
be
,
as
he
draweth
out
of
the
text
many
other
notes
of
the
matter
therin
comprised
:
so
vpon
these
French
wordes
,
Les
enfants
de
Roy
,
he
noteth
in
the
Margent
,
The
Kings
children
:
but
how
far
that
word
reacheth
,
he
saieth
neither
more
,
nor
lesse
.
Neither
it
is
any
thing
preiudicial
to
the
said
Queenes
right
or
Title
,
whether
the
said
wordes
Infants
,
ought
to
be
taken
strictly
for
the
first
degree
,
or
farther
enlarged
.
For
if
this
statute
toucheth
only
the
succession
of
the
Kings
children
to
their
Auncestours
for
other
inheritance
,
and
not
for
the
Cround
,
as
most
men
take
it
,
and
as
it
may
be
(
as
we
haue
said
)
very
wel
taken
and
allowed
:
then
doth
this
supposed
Maxime
of
forain
borne
,
that
seemeth
to
be
gathered
out
of
this
statute
,
nothing
anoy
or
hinder
the
Queene
of
Scotlandes
Title
to
the
Croune
,
as
not
therto
apperteining
.
On
the
other
side
,
if
by
the
inheritance
of
the
kings
children
,
the
Croune
also
is
meant
:
yet
neither
may
we
enforce
the
rule
of
foraine
borne
vpon
the
kings
children
,
which
are
by
the●presse
wordes
of
the
statute
excepted
,
neither
enforce
the
word
In●●●s
to
the
first
degree
only
,
for
such
reasons
,
presidents
,
and
examples
,
and
other
prouffes
largely
by
vs
before
set
forth
to
the
contrarie
:
seing
that
the
right
of
the
Croune
falling
vpon
them
,
they
may
wel
be
called
the
kings
Children
,
or
at
the
lest
the
children
of
the
Croune
.
Ther
is
also
one
other
cause
,
why
though
this
statute
reach
to
the
Croune
,
deins
les
quatre
mers
,
that
is
,
within
the
fower
seas
.
Now
concerning
the
statute
the
title
of
the
same
is
,
of
those
that
are
born
beyond
the
sea
,
the
doubt
moued
in
the
corps
of
the
said
statut
,
is
also
of
children
born
beyond
the
sea
out
of
the
allegeance
with
diuers
other
branches
of
the
statute
tending
that
way
.
And
thus
may
you
see
,
gentle
Reader
,
that
nothing
can
be
gathered
,
either
out
of
the
said
supposed
general
rule
or
Maxime
,
or
of
any
other
rule
or
Principle
of
the
lawe
,
that
by
any
good
and
reasonable
construction
can
seeme
to
impugne
the
title
of
the
said
Ladie
Marie
now
Queene
of
Scotland
,
of
,
and
to
the
Croune
of
this
Realme
of
England
,
as
is
aforesaid
.
We
are
therefore
now
last
of
al
to
consider
,
whether
there
be
any
statute
or
Acte
of
Parlament
that
doth
seeme
,
either
to
take
away
,
or
preiud●ce
the
title
of
the
said
Lady
Marie
.
And
bycause
touching
the
foresaid
mentioned
statute
of
the
25.
yeare
of
King
Edward
the
thirde
,
being
only
a
declaration
of
the
common
law
,
we
haue
already
sufficiently
answered
:
we
wil
passe
it
ouer
,
and
consider
vppon
the
statute
of
28.
and
36.
of
King
Henry
the
eight
,
being
the
only
shoteanker
of
al
the
Aduersaries
,
whether
there
be
any
matter
therein
conteined
,
or
depending
vpon
the
same
,
that
can
by
any
meanes
destroie
or
hurt
the
title
of
the
said
Ladie
Marie
Queene
of
Scotland
to
the
succession
of
the
Croune
of
England
.
It
doth
appeare
by
the
said
statute
of
28.
By
vertue
of
whiche
said
Acte
of
Parlament
the
Aduersaries
doo
alleage
,
that
the
said
late
King
Henry
the
eight
afterward
by
his
last
Wil
in
writing
signed
with
his
owne
hand
,
did
ordeine
and
appoint
,
that
if
it
happen
,
the
said
Prince
Edward
,
Ladie
Marie
,
and
Lady
Elizabeth
to
dye
without
issue
of
their
bodies
lawfully
begotten
:
then
the
Croune
of
this
Realme
of
Englande
,
should
goe
and
remaine
vnto
the
heires
of
the
bodie
of
the
Ladie
Francis
his
Neece
,
and
th'
eldest
daughter
of
the
F●ench
Quene
.
And
for
the
defaulte
of
suche
issue
,
to
the
heires
of
the
body
of
the
Ladie
Elenour
his
Neece
,
seconde
daughter
to
the
Frenche
Queene
,
lawfully
begotten
.
And
if
it
happened
,
the
said
Ladie
Elenor
to
dye
without
issue
of
her
body
lawfully
begotten
,
to
remaine
and
come
to
the
nexte
rightfull
heires
.
Wherevpon
the
Aduersaries
do
inferre
,
that
the
succession
of
the
Croune
ought
to
go
to
the
children
of
the
said
Ladie
Francis
,
and
to
their
heyres
,
according
to
the
said
supposed
Wil
of
our
late
Souereigne
Lorde
King
Henry
the
eight
:
and
not
vnto
the
Ladie
Marie
Queene
of
Scotlande
that
nowe
is
.
To
this
it
is
,
And
these
presumptions
are
the
more
enforced
,
for
that
he
had
no
cause
,
why
he
should
beare
any
affection
either
to
the
said
Queene
of
Scotland
,
or
to
the
Lady
Leneux
and
hauing
withal
no
cause
to
be
greaued
or
offended
with
his
sisters
the
Frenche
Queenes
children
,
but
to
put
the
matter
quite
out
of
al
ambiguitie
and
doubte
,
it
appeareth
(
they
say
)
that
there
were
eleuen
witnesses
purposely
called
by
the
king
,
who
were
presente
at
the
signing
of
the
said
Wil
,
and
subscribed
their
names
to
the
same
.
Yea
the
chief
Lordes
of
the
Counsaile
were
made
and
appointed
executours
of
the
said
Wil
,
and
they
and
other
had
great
Legacies
geuen
them
in
the
said
Wil
which
were
paid
,
and
other
thinges
comprised
in
the
Wil
,
accomplished
accordingly
.
There
passed
also
purchases
,
and
Letters
Patentes
betwene
King
Edwarde
,
and
the
executors
of
the
said
Wil
,
and
others
for
the
execution
and
performance
of
the
same
.
Finally
the
said
Testament
was
recorded
in
the
Chancerie
.
Wherfore
they
affirme
,
tha●
there
ought
no
manner
of
doubt
moue
any
man
to
the
contrarie
,
and
that
either
we
must
graunt
this
Wil
to
be
signed
with
his
hand
,
or
that
he
made
no
Wil
at
al
:
both
must
be
graunted
,
or
both
denied
.
If
any
wil
deny
it
,
in
case
he
be
one
of
the
witnesses
,
he
shal
impugne
his
owne
testimonie
:
if
he
be
one
of
the
executours
,
he
shal
ouerthrow
the
foundation
of
al
his
doinges
,
in
procuring
the
said
Wil
to
be
inrolled
,
and
set
forth
vnder
the
great
Seale
.
And
so
by
their
dubblenes
they
shal
make
them selues
no
mete
witnesses
.
Nowe
a
man
can
not
lightly
imagine
,
how
any
other
,
bysides
these
two
kind
of
witnesses
(
for
some
of
them
,
and
of
the
executors
,
were
such
,
as
were
continually
wayting
vpon
the
Kinges
person
)
may
impugne
this
Wil
,
and
proue
,
that
the
king
did
not
signe
the
same
.
But
if
any
such
impugne
the
Wil
,
it
would
be
considered
,
how
many
they
are
,
and
what
they
are
:
and
it
wil
be
very
harde
to
proue
negatiuam
facti
.
But
it
is
euidente
,
say
they
,
that
there
was
neuer
any
such
lawful
proufe
against
the
said
Wil
producted
.
For
if
it
had
ben
,
it
would
haue
ben
published
in
the
Starrechamber
,
preached
at
Poules
Crosse
,
declared
by
Acte
of
Parlament
,
proclaimed
in
euery
quarter
of
the
Realme
.
Yea
,
admitting
,
say
they
,
that
it
were
proued
,
that
the
said
pretensed
Wil
lacked
the
Kinges
hande
:
yet
neuerthelesse
(
say
they
)
the
very
copies
we
haue
spoken
of
,
being
written
and
signed
,
or
at
least
interlined
with
his
owne
hande
,
may
be
saide
a
sufficient
signing
with
his
owne
hande
.
For
seing
the
scope
and
final
purpose
of
the
statute
was
,
to
haue
the
succession
prouided
for
and
ascerteined
,
whiche
is
sufficiently
done
in
the
said
Wil
:
and
seing
his
owne
hande
was
required
but
onely
for
eschewing
euil
and
sinister
dealing
,
whereof
there
is
no
suspicion
in
this
Will
to
be
gathered
:
what
matter
in
the
worlde
,
or
what
difference
is
there
,
when
the
King
fulfilled
and
accomplisihed
this
gratiouse
Acte
,
that
was
loked
for
at
his
handes
,
whether
he
signed
the
Will
with
his
owne
hande
,
or
no
?
If
it
be
obiected
,
that
the
King
was
obliged
and
bound
to
a
certaine
precise
order
and
forme
,
which
he
could
in
no
wise
shift
,
but
that
the
Acte
without
it
muste
perish
,
and
be
of
no
valewe
:
then
,
say
they
,
wee
vndoe
whole
Parlamentes
,
aswel
in
Queene
Maries
time
,
as
in
King
Henry
the
eightes
time
.
In
Queene
Maries
time
,
bycause
she
omitted
the
Style
appointed
by
Parlamente
,
Anno
〈◊〉
octaui●rice
simo
quinto
:
In
King
Henries
tyme
,
by
reason
there
was
a
statute
,
that
the
Kinges
royal
assent
may
be
geuen
to
an
Acte
of
Parlamente
by
his
Letters
Patentes
signed
with
his
hande
,
though
he
be
not
there
personally
.
And
yet
did
the
saied
King
supplie
full
ofte
his
confente
by
the
stampe
only
.
This
yet
notwithstanding
,
the
said
Parlamentes
for
the
omission
of
these
formes
so
exactely
and
precisely
appointed
,
are
not
destroyed
and
disannulled
.
After
this
sorte
in
effecte
haue
the
Aduersaries
replied
for
the
defence
of
the
said
pretensed
Will.
We
say
then
,
What
likelyhode
was
there
,
for
him
to
practise
such
deuises
,
especially
in
his
later
daies
(
when
wisdome
,
the
loue
of
God
,
and
his
Realme
should
haue
bene
moste
ripe
in
him
)
that
were
likely
to
sturre
vppe
a
greater
fier
of
greeuouse
contention
and
woful
destruction
in
England
,
then
euer
did
the
deadly
faction
of
the
red
Rose
and
the
white
;
lately
by
the
incorporation
and
vnion
of
the
house
of
Yorke
and
Lancaster
,
in
the
person
of
his
father
through
the
mariage
of
Ladie
Elizabeth
eldest
daughter
of
king
Edwarde
the
fourth
,
most
happily
extinguished
and
buried
?
And
though
it
might
be
thought
or
said
,
that
there
would
be
no
such
eause
of
feare
,
by
reason
the
matter
passed
by
Parlament
:
yet
could
not
he
be
ignorant
,
that
neither
Parlamentes
made
for
Henry
the
fourth
,
or
continuance
of
twoo
Descentes
(
whiche
toke
no
place
in
geuing
any
Title
touching
the
Croune
)
in
King
Henry
the
sixt
:
nor
Parlamentes
made
for
King
R●chard
the
third
,
nor
Parlaments
of
attainder
made
against
his
father
,
could
either
preiudice
his
fathers
right
,
or
releaue
other
against
such
,
as
pretended
iust
right
and
title
.
And
as
he
could
not
be
ignorant
therof
:
so
it
is
not
to
be
thought
,
that
he
would
abuse
the
great
confidence
put
vppon
him
by
the
Parlament
,
and
disherite
without
any
apparent
cause
the
next
royal
blood
,
and
thinke
all
thinges
sure
by
the
colour
of
Parlament
.
The
litle
force
whereof
against
the
right
inheritour
,
he
had
(
to
his
fathers
and
his
owne
so
ample
benefit
)
so
lately
and
so
largely
sene
and
felt
.
And
yet
if
he
minded
at
any
time
,
to
preiudice
the
said
Lady
Marie
Queend
of
Scotland
,
of
al
times
he
would
not
haue
done
it
then
,
when
al
his
care
was
,
by
al
possible
meanes
to
contriue
and
compasse
a
mariage
,
betwene
his
sonne
Edward
,
and
the
said
Lady
and
Quene
.
Surely
he
was
to
wise
of
him selfe
,
and
was
furnished
with
to
wise
Counsailours
,
to
take
such
an
homely
way
,
to
procure
and
purchase
the
said
mariage
by
.
And
least
of
all
can
we
say
he
attempted
that
dishonorable
disherision
for
any
special
inclination
or
fauour
he
bare
to
the
French
Queene
his
sisters
children
.
For
there
haue
bene
of
his
neere
and
priuie
Counfaile
,
that
haue
reported
,
that
the
King
neuer
had
any
great
liking
of
the
mariage
of
his
sister
with
the
Duke
of
Suffolke
,
who
maried
her
first
priuily
in
France
,
and
afterward
openly
in
England
.
And
as
it
is
said
,
had
his
pardon
for
the
said
priuy
mariage
in
writing
.
Howe
so
euer
this
matter
goeth
,
certeine
it
is
,
that
if
this
pretensed
Wil
be
true
,
he
transferreed
and
transposed
the
reuersion
of
the
Croune
,
not
only
from
the
Queene
of
Scotland
,
from
my
Ladie
Leneux
and
their
issue
,
but
euen
from
my
Ladie
Francis
,
and
my
Ladie
Elenour
also
,
daughters
to
the
Frenche
Queene
,
whiche
is
a
ching
in
a
manner
incredible
,
and
therefore
nothing
likely
.
I
must
now
,
gentle
Reader
,
put
thee
in
remembrance
of
two
other
most
pregnant
and
notable
coniectures
and
presumptions
.
For
among
al
other
inconueniences
,
and
absurdities
,
that
do
,
and
may
accompanie
this
rash
and
vnaduised
acte
by
this
pretensed
Wil
inconsiderately
mainteined
:
it
is
principally
to
be
noted
,
that
this
Acte
geueth
apparent
and
iust
occasion
of
perpetual
disherison
of
the
Style
and
Title
of
France
incorporated
and
vnited
to
the
Croune
of
this
Realme
.
But
now
to
go
somewhat
farther
in
the
matter
,
or
rather
to
come
neerer
home
,
and
to
the
quicke
of
the
matter
,
we
say
:
as
there
was
some
apparent
and
good
cause
,
why
the
king
should
the
twentie
and
eight
yeare
of
his
reigne
thinke
vpon
some
limitation
and
appointement
of
the
Croune
(
king
Edward
as
yet
vnborne
)
so
after
he
was
borne
,
and
that
the
Title
and
interest
of
the
reuersion
of
the
Croune
after
him
was
the
thirtie
and
fifte
yeare
by
Parlament
confirmed
to
the
late
Queene
Marie
and
her
sister
Elizabeth
:
it
is
not
to
be
thought
,
that
he
would
afterward
ieoparde
so
great
a
matter
by
a
Testament
and
Wil
,
which
may
easely
be
altered
and
counterfeyted
.
And
least
of
al
make
such
assignation
of
the
Croune
,
as
is
nowe
pretended
.
For
being
a
Prince
of
such
wisdome
and
experience
,
he
could
not
be
ignorant
,
that
this
was
the
next
and
rediest
way
,
to
put
the
state
at
least
of
both
his
daughters
to
great
peril
and
vtter
disherison
.
These
reasons
then
and
presumptions
may
seme
wel
able
and
sufficient
,
to
beare
doune
,
to
breake
doune
and
ouerthrow
the
weake
and
slender
presumptions
of
th'
Aduersaries
,
grounded
vpon
vncertaine
and
mere
surmises
,
ghesses
and
coniectures
:
as
among
other
that
the
King
was
offended
with
the
Quene
of
Scotland
,
and
with
the
Ladie
Leneux
.
Which
is
not
true
.
And
as
for
the
Ladie
Leneux
,
it
hath
no
manner
of
probabilitie
:
as
it
hath
not
in
dede
in
the
said
Queene
.
And
if
it
had
,
yet
it
is
as
probable
and
much
more
probable
,
that
the
King
would
haue
especially
at
that
time
(
for
such
cause
,
as
we
haue
declared
)
suppressed
the
same
displeasure
.
Graunting
now
,
that
there
were
some
such
displeasure
:
was
it
honorable
,
either
for
the
King
,
or
the
Realm
,
or
was
it
,
thinke
ye
,
euer
thought
by
the
Parlament
,
that
the
King
should
disherite
them
for
euery
light
displeasure
?
And
if
(
as
the
Aduersaries
confesse
)
the
king
had
no
cause
to
be
offended
with
the
French
Quenes
children
:
why
did
he
disherite
the
Ladie
Francis
,
and
the
Ladie
Elenor
also
?
Their
other
presumption
,
whiche
they
ground
vpon
the
auoyding
of
the
vncertenty
of
the
succession
,
by
reason
of
his
Wil
,
is
of
smal
force
,
and
rather
turneth
against
them
.
For
it
is
so
farre
of
,
that
by
this
meanes
the
succession
is
made
more
certaine
and
sure
:
that
contrarywise
it
is
subiecte
to
more
vncerteintie
,
and
to
lesse
suertie
,
then
before
.
Valerius
Maxtmus
crieth
out
against
M.
Crassus
,
Valerius
Maximus
dict.
et
fact
.
lib.
9.
c.
4.
and
Q.
Hortensiu
:
Lumina
●uriae
,
ornamenta
Fori
,
quod
scelus
vindicare
debebant
,
inhonesti
lucri
captura
inuitati
,
authoritatibus
suis
texerunt
.
This
presumption
then
of
the
Aduersaries
rather
maketh
for
vs
,
and
ministreth
to
vs
good
occasion
,
to
thinke
,
that
the
King
would
not
hasard
the
weight
and
importance
of
such
a
matter
,
to
reste
vpon
the
validitie
or
mualiditie
of
a
bare
Testament
only
.
By
this
that
we
haue
said
we
may
probably
gather
,
that
the
King
had
no
cause
to
aduenture
so
great
an
interprise
by
a
bare
Wil
and
se●tament
.
Ye
shal
now
heare
also
,
why
we
think
he
did
neuer
attempt
or
enterprise
any
such
thing
.
It
is
wel
knowen
,
the
King
was
not
wonte
lightly
to
ouerslippe
the
occasion
of
any
great
commoditie
presently
offered
.
And
yet
this
notwithstanding
,
hauing
geuen
to
him
by
Acte
of
Parlament
the
ordering
and
disposition
of
al
Chantries
and
Colleges
,
he
did
neuer
or
very
litle
practise
and
execute
this
authoritie
.
And
shall
we
thinke
,
vnlesse
ful
and
sufficient
proufe
necessarily
enforce
creditte
,
that
the
King
,
to
his
no
present
commoditie
and
aduantage
,
but
yet
to
his
great
dishonour
,
and
to
the
great
obloquie
of
his
subiectes
and
other
Countries
,
to
the
notable
disherison
of
so
many
the
next
royal
blood
,
did
vse
any
such
authoritie
,
as
is
surmised
?
Againe
,
if
he
had
made
any
such
assignation
:
who
doubteth
,
but
that
as
he
conditioned
in
the
said
pretensed
Wil
with
his
noble
daughters
,
to
marie
with
his
Counsels
aduise
,
Farthermore
,
I
am
driuen
to
thinke
,
that
ther
passed
no
such
limitation
by
the
said
king
Henries
wil
,
by
reason
there
is
not
,
nor
was
these
many
yeares
any
original
copy
therof
,
nor
any
authentical
Record
in
the
Chancerie
,
or
els
wher
to
be
shewed
in
al
England
,
as
the
Aduersaries
themselues
confesse
,
and
in
the
copies
that
be
spread
abrode
,
the
witnesses
pretended
to
be
present
at
the
signing
of
the
said
Wil
,
be
such
for
the
meanesse
of
their
state
on
the
one
side
,
and
for
the
greatnesse
and
weight
of
the
cause
on
th'
other
side
,
as
seme
not
the
most
sufficient
for
suche
a
case
.
The
importance
of
the
cause
,
being
no
lesse
then
the
disherision
of
so
many
heires
of
the
Croune
(
as
wel
from
the
one
sister
,
as
from
the
other
)
required
and
craued
some
one
or
other
of
the
priuie
Counsaile
,
or
some
one
honorable
and
notable
person
to
haue
ben
present
at
the
said
signing
,
or
that
some
notification
should
haue
ben
made
afterward
to
such
persons
by
the
King
him selfe
,
or
at
least
before
some
Notarie
and
authentical
person
for
the
better
strengthening
of
the
said
Wil.
Here
is
now
farther
to
be
considered
,
that
seing
the
interest
to
the
Croune
is
become
a
plaine
testamentarie
matter
and
claime
,
and
dependeth
vpon
a
last
Wil
:
when
,
and
before
what
Ordinarie
this
Wil
was
exhibited
,
al
lowed
and
prooued
?
Where
,
and
of
whome
toke
the
Executours
their
othe
for
the
true
performance
of
the
Wil
?
And
yet
if
the
matter
were
so
plaine
,
so
good
and
so
sound
,
as
these
men
beare
vs
in
hand
,
if
the
original
Testament
had
ben
such
,
as
might
haue
bidden
the
touchstone
,
the
trial
the
light
and
the
sight
of
the
worlde
:
why
did
not
they
,
that
enioyed
most
commoditie
therby
(
and
,
for
the
sway
and
authorite
they
bare
,
might
and
ought
best
to
haue
done
it
)
take
conuenient
and
sure
order
,
that
th'
original
might
hane
ben
duely
and
safely
preserued
,
or
at
the
least
the
ordinarie
Probate
,
which
is
in
euery
poore
mans
Testament
diligently
obserued
,
might
haue
ben
procured
or
sene
,
one
or
other
autentical
Instrument
therof
reserued
?
The
Aduersaries
themselues
see
wel
inough
,
yea
and
are
faine
to
confesse
these
defectes
.
But
to
helpe
this
mischief
,
they
wold
fame
haue
the
Enrolment
in
the
Chancerie
to
be
taken
for
a
sufficient
Probate
,
Yet
do
they
know
wel
inough
,
that
this
plaister
wil
not
cure
the
sore
,
and
that
this
is
but
a
poore
helpe
and
a
shift
.
For
neither
the
Letters
Patents
,
nor
th'
Enrolment
may
in
any
wise
be
counted
a
sufficient
Probate
.
The
Chancerie
is
not
the
Court
or
ordinarie
place
for
the
probate
of
Willes
,
nor
the
Rolles
for
recording
the
same
.
Both
must
be
done
in
the
Spiritual
Courts
,
where
th'
Executours
also
must
be
impleaded
,
and
geue
their
accompt
,
where
the
weakenes
or
strength
of
the
Wil
must
be
tried
,
the
witnesses
examined
,
finally
the
probate
,
and
al
other
thinges
thereto
requisite
,
dispatched
.
Or
if
it
may
be
done
by
any
other
person
:
yet
must
his
authoritie
be
shewed
.
The
probate
and
al
thinges
must
be
done
accordingly
.
And
among
other
things
the
vsual
clause
of
Saluo
iure
cuiuscunque
,
must
not
be
omitted
.
Which
things
,
I
am
assured
,
the
recording
in
the
Chancerie
cannot
import
.
But
this
caution
and
prouiso
of
Saluo
iure
cuiuscunque
(
which
is
most
conformable
to
al
law
and
reason
)
did
litle
serue
some
mens
turne
.
And
therefore
there
was
one
other
caution
and
prouiso
:
that
though
the
poorest
mans
Testament
in
al
England
hath
this
prouiso
at
the
probate
of
the
same
:
yet
for
this
Testament
,
the
weightiest
,
I
trow
,
that
euer
was
made
in
England
no
suche
probate
or
clause
can
be
found
,
either
in
the
one
,
or
the
other
Court
.
Yet
we
nedes
must
,
al
this
notwithstanding
,
be
borne
in
hande
,
and
borne
doune
,
that
there
was
a
Testament
and
Wil
,
formably
framed
,
according
to
the
purpose
and
effect
of
the
statute
,
yet
must
the
right
of
th'
imperial
Croune
of
England
be
conueied
and
caried
away
with
the
color
and
shadow
only
of
a
Wil.
I
say
,
the
shadow
only
,
by
reason
of
another
coniecture
and
presumption
,
whiche
I
shal
tel
you
of
.
Whiche
is
so
liuely
and
effectual
,
that
I
verily
suppose
,
it
wil
be
very
harde
for
any
man
,
by
any
good
and
probable
reason
,
to
answere
and
auoide
the
same
.
And
is
so
important
and
vehement
,
that
this
only
might
seeme
,
vtterly
to
destroie
al
the
Aduersaries
coniectural
prouffes
,
concerning
the
maintenance
of
this
supposed
Wil.
We
say
therfore
and
affirme
,
that
in
case
there
had
ben
any
good
and
sure
helpe
and
handfast
,
to
take
and
hold
the
Croune
for
the
heirs
of
Lady
Francis
by
the
said
Wil
:
that
the
faction
,
that
vniustly
intruded
the
Lady
Iane
,
eldest
daughter
to
the
said
Lady
Francis
to
the
possession
of
the
Croune
,
would
neuer
haue
omitted
to
take
,
receaue
and
imbrace
the
occasion
and
benefit
therof
to
them
presently
offered
.
They
neither
would
,
nor
could
haue
ben
driuen
,
to
so
harde
and
bare
a
shifte
,
as
to
colour
their
vsurpation
against
the
Late
Queene
Marie
only
,
and
her
Sister
Elizabeth
,
with
the
Letters
Patents
of
King
Edward
the
sixt
,
and
with
the
consent
of
such
as
they
had
procured
.
But
yet
in
ease
any
man
do
loke
for
any
other
,
and
more
persuasion
and
proufe
,
which
as
I
said
,
neede
not
:
ô
the
great
prouidence
of
God
,
ô
his
great
fauour
and
goodnes
to
this
Realme
,
of
the
which
it
hath
bene
said
:
Regnum
Angliae
,
est
regnum
Det
,
Polid.
lib.
8.
and
that
God
hath
euer
had
a
special
care
of
it
:
ô
his
great
goodnes
,
I
say
,
to
this
Realme
euen
in
this
case
also
.
For
he
hath
opened
and
brought
to
light
the
very
truth
of
the
matter
,
which
is
burst
out
,
though
neuer
so
craftily
suppressed
and
kept
vnder
.
We
say
then
,
that
the
King
neuer
signed
the
pretensed
Will
with
his
owne
hande
,
neither
do
we
say
it
by
bare
hearsay
,
or
gather
it
by
our
former
coniectures
and
presumptions
only
,
though
very
effectual
and
probable
,
but
by
good
and
hable
witnesses
,
that
auouche
and
iustifie
of
their
owne
certaine
knowledge
,
that
the
Stampe
onely
was
put
to
the
said
Will
,
and
that
euen
when
the
King
him selfe
was
now
dead
,
or
dying
and
past
al
remembrance
.
The
Lorde
Paget
being
one
of
the
priuie
Counsaile
with
Queene
Marie
,
of
his
owne
freewil
and
godly
motion
,
for
the
honour
of
the
Realme
,
Vpon
the
which
depositions
wel
and
aduisedly
weied
and
pondered
,
Queene
Marie
with
the
aduise
of
her
Counsaile
,
to
the
honour
of
God
,
and
this
Realm
,
to
the
maintenance
of
trueth
and
iustice
,
and
the
rightful
succession
of
the
Croune
,
for
the
eschewing
of
many
foule
mischieffes
,
that
might
vpon
this
forgerie
ensue
,
caused
the
Recorde
of
the
said
forged
Wil
remaining
in
the
Chancerie
,
Sextus
Tarquinius
in
defiling
Lucretia
:
M.
Manlius
Capitolinus
had
sought
to
oppresse
his
Countrey
with
tyrannie
.
And
to
come
nerer
home
,
no
lesse
then
our
forefathers
deserued
,
whiche
quite
rased
out
of
the
yeares
and
times
the
memorie
and
name
of
the
wicked
Apostates
Osricus
and
Eanfridus
,
Bed.
lib.
3.
histor.
Ecclesiast.
c.
1.
numbring
their
time
vnder
the
reigne
of
the
good
king
Oswald
.
The
Aduersaries
therefore
are
much
to
be
blamed
,
going
about
to
staine
and
blotte
the
memorie
of
the
said
Quene
and
Magistrats
,
as
though
they
had
done
this
thing
disorderly
,
and
as
though
there
had
bene
some
special
commoditie
therein
to
them
:
which
is
apparently
false
.
For
as
the
said
abolition
was
nothing
beneficial
to
other
Magistrats
:
so
if
it
hadde
bene
a
true
and
an
vndoubted
Will
,
the
said
Queene
woulde
neuer
haue
caused
it
to
be
cancelled
,
as
wel
for
her
honour
and
conscience
sake
,
as
for
priuate
respect
,
seeing
her
owne
royall
estate
was
by
the
same
set
foorth
and
confirmed
.
Yet
would
they
faine
blemish
and
disgrace
the
testimonie
of
the
said
Lorde
Paget
,
and
S.
Edward
Moūtigue
.
They
set
against
them
eleuen
witnesses
,
thinking
to
matche
and
ouermatche
them
with
the
number
.
But
here
it
muste
be
remembred
,
that
though
they
be
eleuen
,
yet
they
are
to
slender
and
weake
for
the
weight
and
importance
of
the
matter
.
It
is
againe
to
be
remembred
,
that
often
times
the
lawe
doth
as
wel
weigh
the
credit
,
as
number
the
persons
of
the
witnesses
.
tefliū
.
ff.
de
testibus
L.
Ob
carnem
ibid.
Alias
(
saith
Calistratus
)
numerus
,
aliâs
dignitas
&
authoritas
confirmat
rei
,
de
qua
agitur
,
fidem
.
According
to
this
,
saith
also
Arcadius
:
Confirmabit
ludex
mo●um
animi
sui
ex
argumentis
&
testimoniis
,
quae
rei
aptiora
,
&
vero
proximiora
esse
compererit
.
Non
enim
ad
multitudinem
respicere
oportet
,
sed
ad
sinceram
testimoniorum
fidem
&
testimonia
,
quibus
potius
lux
veritatis
assistit
.
It
hath
not
lightly
bene
heard
or
sene
,
that
men
of
suche
state
and
vocation
in
so
great
and
weightie
a
cause
would
incurre
first
the
displeasure
of
God
,
then
of
their
Prince
,
and
of
some
other
of
the
best
sorte
,
if
their
depositions
were
vntrue
,
and
would
purchase
them selues
dishonour
,
slaunder
and
infamie
:
yea
disclose
their
owne
shame
to
their
owne
no
manner
of
way
hoped
commoditie
,
nor
to
the
commoditie
of
other
their
frendes
,
or
discommoditie
and
hurte
of
their
enemies
.
This
sufficiently
doth
purge
them
(
I
wil
not
say
,
Fam●●
ff.
ad
〈…〉
maies
l.
muliere
ff
de
accusat
.
to
discredit
their
testimonie
:
yea
and
by
the
way
of
accusation
also
such
persons
,
as
be
otherwise
dishabled
,
are
in
treason
and
other
publike
matters
,
touching
the
state
,
enhabled
both
to
accuse
,
and
testifie
.
As
for
the
eleuen
witnesses
,
the
beste
of
of
them
Sir
Iohn
Gates
,
we
know
,
by
what
meanes
he
is
departed
out
of
this
life
.
One
other
,
the
said
William
Clarke
is
so
gone
from
them
,
that
he
geueth
good
cause
,
to
misdeeme
and
mistrust
the
whole
matter
.
Howe
many
of
the
residue
liue
,
I
know
not
.
To
whom
perchaunce
some
thing
might
be
said
,
if
we
once
knowe
,
what
them selues
say
.
Which
seeing
it
doth
not
by
authentical
recorde
appeare
,
bare
names
of
dumme
witnesses
can
in
no
wise
hinder
and
deface
so
solemne
a
testimonie
of
the
foresaid
L.
Paget
and
Sir
Edwarde
Mountague
.
Neither
is
the
difficultie
so
great
,
as
the
Aduersaries
pretend
,
in
prouing
Negatiuam
facti
.
I
denie
not
,
but
that
if
any
such
witnesse
or
Exeoutour
had
vpon
his
othe
before
a
lawful
Iudge
,
deposed
of
his
owne
certaine
notice
and
knoweledge
,
that
the
said
Wil
was
signed
with
the
Kinges
owne
hande
:
in
case
he
should
afterward
contrarie
and
reuoke
this
his
solemne
deposition
,
it
ought
not
lightly
to
be
discredited
for
any
suche
contradiction
afterward
happening
.
But
,
as
I
haue
said
,
suche
authentical
and
ordinarie
examinations
and
depositions
we
find
not
,
nor
yet
heare
of
any
such
so
passed
.
Now
contrariwise
if
any
of
the
said
witnesses
or
executours
haue
or
shal
before
a
competent
Iudge
,
especially
not
producted
of
any
partie
,
or
against
any
partie
for
any
priuate
suite
commenced
,
but
,
as
I
haue
said
,
moued
of
conscience
only
,
and
of
a
zeale
to
truth
,
and
to
the
honour
of
God
and
the
Realme
,
freely
and
voluntarie
discouer
and
detecte
such
forgerie
(
although
perchance
it
toucheth
them selues
for
some
thing
done
or
said
of
them
to
the
contrary
,
or
being
called
by
the
said
competent
Iudge
,
haue
or
shal
declare
and
testifie
any
thing
against
the
same
)
this
later
testimonie
may
be
wel
credited
by
good
reason
and
law
.
Whereas
they
would
nowe
inferre
,
that
either
this
pretenfed
Will
was
King
Henries
Wil
,
or
that
he
made
none
at
al
:
I
doo
not
(
as
I
haue
said
)
entende
,
nor
neede
not
curiously
to
examine
and
discusse
this
thing
as
a
mater
not
apperteining
to
our
principal
purpose
.
And
wel
it
may
be
,
that
he
made
a
Wil
conteining
the
whole
tenour
of
this
pretensed
Wil
(
sauing
for
the
limitation
of
the
Croune
)
and
that
these
supposed
witnesses
were
present
,
either
when
he
subscribed
the
same
with
his
owne
hand
,
or
when
by
his
commaundment
the
Stampe
(
of
which
and
of
his
owne
hand
,
the
common
sort
of
men
make
no
difference
,
as
in
dede
in
diuers
other
cases
there
is
no
difference
,
whiche
these
witnesses
might
take
to
be
as
it
were
his
owne
hand
)
was
set
to
the
Wil.
This
,
I
say
,
might
after
some
sort
so
be
.
And
yet
this
notwithstanding
there
might
be
(
as
there
was
in
deede
)
an
other
Wil
touching
the
pretensed
limitation
of
the
Croune
by
the
Kinges
owne
hande
counterfeyted
and
suborned
after
his
death
falsly
and
coulorably
,
bearing
the
countenan e
of
his
owne
hand
,
and
of
the
pretensed
witnesses
names
.
How
so
euer
it
be
,
it
is
but
to
smal
purpose
,
to
goe
about
any
full
and
exquisite
answere
touching
this
point
,
seeing
that
neither
the
original
surmised
Wil
,
whereof
these
witnesses
are
supposed
to
be
priuy
,
is
extant
,
nor
their
depositions
any
where
appeare
,
nor
yet
that
it
appeareth
,
that
euer
they
were
(
as
we
haue
said
)
iudicially
examined
.
Seeing
nowe
then
,
that
if
it
so
falleth
out
,
that
the
principal
Wil
,
and
that
that
was
by
the
great
Seale
exemplified
,
and
in
the
Chancery
recorded
,
had
not
(
at
least
touching
the
clause
of
limitation
and
assignment
of
the
Croune
)
the
Kings
hand
to
it
:
we
neede
not
nor
wil
not
tarie
about
certain
scrolles
and
copies
of
the
said
Wil
,
that
the
Aduersaries
pretend
to
haue
ben
either
writte
,
or
signed
with
his
hand
.
A
kingdom
is
to
heauy
to
be
so
easely
caried
away
by
suche
scrolles
and
copies
.
When
al
this
faileth
,
the
Aduersaries
haue
yet
one
shift
left
for
the
last
cast
.
They
vrge
the
equitie
of
the
matter
and
the
mind
of
the
Parlament
.
Which
is
,
they
say
,
accomplished
and
satisfied
,
by
making
this
assignation
for
the
establishing
of
the
succession
,
and
prouiding
,
that
the
Realme
should
not
be
left
void
of
a
Gouernour
.
And
therefore
we
must
not
subuert
the
statute
,
in
cauilling
for
the
defect
of
the
Kings
hand
:
forasmuch
as
the
Parlament
might
haue
had
authorised
his
consent
only
,
without
any
hand
writing
.
Which
as
I
doe
not
denie
,
so
in
these
great
affaires
and
so
ample
a
commission
,
in
suche
absolute
authoritie
geuen
to
him
,
it
was
prouidently
and
necessarily
foresene
,
to
binde
the
Acte
to
the
Kings
owne
hand
,
for
auoyding
al
sinister
and
euil
dealing
,
the
whiche
the
Aduersaries
would
haue
vs
in
no
case
to
misdoubt
or
mistrust
in
this
Wil.
Whereas
the
notoriousnes
of
the
fact
,
and
the
lamentable
euent
of
things
do
openly
declare
the
same
,
and
pitifully
crieth
out
against
it
.
Neither
wil
we
graunt
to
them
,
that
the
minde
and
purpose
of
the
Parlament
is
satisfied
,
for
such
causes
,
as
we
haue
and
shall
hereafter
more
largely
declare
.
And
if
it
were
otherwise
true
,
yet
doth
this
only
defect
of
the
Kinges
hand
breake
and
infringe
the
whole
Acte
.
And
whereas
the
Aduersaries
obiecte
against
this
rule
,
Bysides
that
the
said
Writtes
being
made
both
according
to
the
auncient
forme
of
the
Regester
,
and
also
by
expresse
commaundement
of
the
Prince
,
vtterly
refusing
the
said
style
,
could
neither
be
derogatorie
to
the
said
Queenes
Maiestie
and
her
Croune
,
nor
meaning
of
the
said
statute
.
Concerning
the
said
style
,
and
for
a
final
and
ful
answere
vnto
this
matter
:
it
is
to
be
noted
,
that
the
Writts
being
th'
Actes
of
the
Court
,
though
they
wante
the
prescript
fourme
set
foorth
either
by
the
common
lawe
,
or
statute
:
yet
are
not
they
,
nor
the
iudgements
subsequent
thervpon
abated
or
voide
,
but
only
abatable
and
voidable
by
exception
of
the
partie
by
iudgemente
of
the
Courte
.
Vide
Prisot
.
33.
H.
6.
fol.
39.
For
if
the
partie
without
any
exception
doo
admitte
the
forme
of
the
said
Writte
,
and
pleade
vnto
the
matter
,
whervpon
the
Court
doth
procede
:
then
doth
the
Writte
,
and
the
iudgement
therevpon
following
remaine
good
and
effectual
in
lawe
.
And
therefore
admitting
,
that
the
said
statute
of
35.
H.
8.
had
by
special
wordes
appointed
the
said
style
to
be
put
in
euery
Writte
,
and
that
for
that
cause
the
said
Writtes
of
Somons
were
vitious
,
wanting
their
prescript
forme
:
yet
when
the
parties
vnto
the
said
Writtes
had
admitted
them
for
good
,
both
by
their
election
,
and
also
by
their
appearence
vpon
the
same
:
the
law
doth
admit
the
said
Writtes
and
al
actes
subsequent
vpon
the
same
,
to
be
good
and
effectual
.
And
yet
this
maketh
no
prouffe
,
that
therfore
the
said
supposed
Wil
,
wanting
the
prescript
order
and
fourme
,
should
likewise
be
good
and
effectual
in
law
.
For
as
touching
specialties
,
estates
and
conueiances
,
or
any
other
external
acte
to
be
done
or
made
by
any
person
,
whose
forme
and
order
is
prescribed
,
either
by
the
common
law
,
or
by
statute
:
if
they
want
any
part
of
their
prescript
forme
,
they
are
accompted
in
law
to
be
of
no
validitie
or
effect
.
As
for
example
:
the
law
doth
appoint
euery
Specialtie
or
Deede
to
be
made
,
So
likewise
the
law
geueth
authoritie
to
the
Lorde
,
to
distraine
vpon
the
land
holden
of
him
for
his
rentes
and
seruices
dewe
for
the
same
.
And
farther
doth
appoint
,
to
carie
or
driue
the
same
distresse
vnto
the
pound
,
there
to
remaine
as
a
gage
in
law
for
his
said
rents
and
seruices
.
lib.
Assis
.
P.
64.
If
the
Lord
shal
either
distraine
his
Tenant
out
of
his
Fee
or
Seignory
,
or
if
he
shal
labour
and
occupie
the
Chatles
distrained
:
the
distresse
so
taken
by
him
is
insurious
and
wrongful
in
law
,
forasmuch
as
he
hath
not
done
according
to
the
prescribed
order
of
the
law
.
The
statute
made
An.
32.
H.
8.
geueth
authoritie
vnto
Tenant
in
taile
,
and
to
others
being
seased
of
land
in
the
right
of
their
wiues
or
Churches
,
to
make
leases
of
the
same
.
Wherin
also
a
prescript
order
and
forme
for
the
same
is
set
foorth
.
If
any
of
the
said
persons
shal
make
any
Lease
,
wherin
he
doth
not
obserue
the
same
prescribed
order
in
all
pointes
,
the
same
Lease
is
not
warranted
in
any
point
by
the
said
statute
.
Likewise
the
statute
made
in
Anno
27.
Henrici
octau●
,
We
leaue
of
a
number
of
like
cases
,
that
we
might
multiplie
in
the
prouffe
of
this
matter
:
wherein
we
haue
taried
the
longer
,
by
cause
th'
Aduersaries
make
so
great
a
countenan e
therevpon
:
and
bycause
al
vnder
one
,
it
may
serue
for
the
answere
also
touching
the
Kinges
royal
assente
to
be
geuen
to
Parlamentes
by
his
Letters
Patentes
signed
with
his
hande
,
which
is
nothing
else
but
a
declaration
and
affirmance
of
the
common
lawe
,
and
no
newe
authoritie
geuen
to
him
,
to
do
that
he
could
not
doo
before
,
or
any
forme
prescribed
to
bind
him
vnto
.
Bysides
that
,
in
this
case
there
is
no
feare
in
the
worlde
of
forging
and
counterfeyting
the
Kinges
hande
:
whereas
in
the
Testamentarie
cause
it
is
farre
otherwise
,
as
the
worlde
knoweth
,
and
dayly
experience
teacheth
.
And
so
withal
do
we
conclude
,
that
by
reason
this
surmised
Wil
was
not
signed
with
the
Kinges
hand
:
it
can
not
any
way
hurt
or
hinder
the
iuste
right
and
claime
of
the
Quene
of
Scotland
,
to
the
succession
of
the
Croune
of
England
.
Now
supposing
,
that
neither
the
L.
Paget
,
nor
Sir
Edward
Montague
,
and
William
Clarke
had
testified
or
published
any
thing
to
the
infringing
annd
ouerthrowing
of
the
Aduersaries
assertion
,
touching
the
signing
of
the
said
Wil
:
yet
is
not
therby
the
Queene
of
Scotlandes
title
altogether
hindred
.
For
she
yet
hath
her
iust
and
lawfull
defence
for
the
oppugning
of
the
said
assertion
,
as
well
against
the
persons
and
saying
of
the
witnesses
,
if
any
shal
come
foorth
,
as
otherwise
shee
may
iustly
require
the
said
Wil
to
be
brought
forth
to
light
,
and
especially
the
signing
of
the
same
with
the
Kings
hand
,
to
be
duely
and
consideratly
pondered
,
we
yed
and
conferred
.
She
hath
her
iust
defence
and
exceptions
,
and
must
haue
.
And
it
were
against
al
lawes
,
and
the
lawe
of
nature
it selfe
,
to
spoile
her
of
the
same
.
And
all
good
reason
geueth
,
that
the
said
original
Wil
standing
vppon
the
triall
of
the
Kinges
hande
,
be
exhibited
,
that
it
may
be
compared
with
his
other
certaine
and
wel
knowen
hand
writing
.
And
that
other
things
may
be
done
requisite
in
this
behalfe
.
But
yet
all
this
notwithstanding
,
let
vs
nowe
imagine
and
suppose
,
that
the
King
him selfe
,
whose
harte
and
hande
were
doubtelesse
farre
from
any
suche
doinges
:
lette
vs
yet
,
I
say
,
admitte
,
that
he
had
signed
the
said
Will
with
his
owne
hande
.
Yet
for
al
that
,
the
Aduersaries
perchance
shal
not
finde
,
no
not
in
this
case
,
that
the
Queenes
iuste
Title
,
right
and
interest
doth
any
thing
fayle
or
quayle
.
Or
rather
lette
vs
without
any
perchance
say
,
the
iustice
and
equitie
of
her
cause
,
Neither
do
we
at
this
time
minde
,
to
debate
and
discourse
,
what
power
and
autoritie
,
and
how
farre
the
Parlament
hath
it
,
in
this
and
like
cases
.
Which
perchance
some
other
would
here
do
.
We
wil
only
intermedle
with
other
thinges
,
that
reache
not
so
farre
,
nor
so
high
,
and
seeme
in
this
our
present
question
worthy
and
necessarie
to
be
considered
.
And
first
,
before
we
enter
into
other
matters
,
we
aske
this
reasonable
and
necessarie
question
,
whether
these
general
words
,
wherby
this
large
and
ample
autoritie
is
conueied
to
king
Henry
,
must
be
as
generally
,
and
as
amply
taken
,
or
be
restrained
by
some
manner
of
limitation
and
restriction
agreable
to
such
mind
and
purpose
of
the
Parlament
,
as
must
of
very
necessitie
or
great
likelihod
be
construed
,
to
be
the
very
mind
and
purpose
of
the
said
Parlament
.
Ye
wil
say
perchance
,
that
the
power
and
autoritie
of
assignation
must
be
taken
generally
and
absolutely
,
without
exception
,
sauing
for
the
outward
signing
of
the
Will
.
Trueth
it
is
,
there
is
nothing
els
expressed
:
but
yet
was
there
some
thing
els
principally
intended
,
and
yet
for
al
that
,
needed
not
to
be
specified
.
The
outward
maner
was
so
specially
and
precisely
appointed
and
specified
,
to
auoyde
suspitious
dealing
,
There
must
be
therefore
in
this
matter
some
reasonable
moderation
and
interpretation
,
as
wel
touching
the
persons
comprehended
within
this
assignation
,
and
their
qualities
,
and
for
the
persons
also
hauing
right
,
and
yet
excluded
,
as
for
the
manner
of
the
doing
of
the
Acte
,
and
signing
the
Wil.
For
the
king
as
King
,
could
not
dispose
the
Croune
by
his
Wil
:
and
was
in
this
behalfe
but
an
Arbiter
and
Commissioner
.
Wherefore
his
doinges
must
be
directed
and
ruled
by
the
lawe
,
and
according
to
the
good
minde
and
meaning
of
those
,
that
gaue
the
authoritie
.
And
what
their
minde
was
,
it
wil
appeare
well
inough
,
euen
in
the
statute
it selfe
.
It
was
for
the
auoiding
of
all
ambiguities
,
doubtes
and
diuisions
,
touching
the
Succession
.
They
putte
theyr
whole
truste
vppon
the
King
,
as
one
,
whom
they
thought
most
earnestly
to
minde
the
wealth
of
the
Realme
,
as
one
that
woulde
,
and
could
best
and
most
prudently
consider
and
weigh
the
matter
of
the
Succession
,
and
prouide
for
the
same
accordingly
.
If
the
doinges
of
the
King
do
not
plainely
and
euidently
tende
to
this
ende
and
scope
,
if
a
zealous
minde
to
the
common
Wealth
,
if
prudence
and
wisdome
did
not
rule
and
measure
al
these
doinges
,
but
contrariewise
partial
affection
and
displeasure
,
if
this
arbitrement
putteth
not
away
al
contentions
and
striffes
,
if
the
mind
and
purpose
of
the
honorable
Parlament
be
not
satisfied
,
if
there
be
dishonorable
deuises
and
assignmentes
of
the
Croune
in
this
Wil
and
Testament
,
if
there
be
a
new
Succession
vnnaturally
deuised
,
finally
if
this
be
not
a
Testament
and
last
Wil
,
ff.
qu●
Testamenta
facere
.
The
definition
of
a
Testament
.
such
as
Modestinus
defineth
:
Testamentum
est
tusta
voluntatus
nostra
sententia
de
eo
,
quod
quis
post
mortem
suam
fieti
velit
:
then
though
the
Kinges
hand
were
put
to
it
,
the
matter
goeth
not
altogether
so
wel
and
so
smothe
.
But
that
there
is
good
and
great
cause
farther
to
consider
and
debate
vpon
it
,
whether
it
be
so
,
or
no
:
let
the
indifferent
,
when
they
haue
wel
thought
vpon
it
,
iudge
accordingly
.
The
Aduersaries
them selues
can
not
altogether
denie
,
but
that
this
Testament
is
not
correspondent
to
such
expectation
,
as
men
worthely
should
haue
of
it
.
Whiche
thing
they
do
plainly
confesse
.
For
in
vrging
their
presumptions
,
whereof
we
haue
spoken
,
and
minding
to
proue
,
that
this
wil
,
whiche
they
say
is
commonly
called
King
Henries
Wil
,
was
no
new
Wil
deuised
in
his
sicknes
,
but
euen
the
very
same
,
wherof
(
as
they
say
)
were
diuers
olde
copies
:
they
inferre
these
wordes
,
saying
thus
:
For
if
it
be
a
newe
Wil
then
deuised
,
who
could
thinke
,
that
either
him selfe
would
,
or
any
man
durst
haue
moued
him
,
to
put
therin
so
many
thinges
contrary
to
his
honour
?
Much
lesse
durst
they
themselues
deuise
any
new
succession
,
or
moue
him
to
alter
it
,
otherwise
then
they
found
it
,
when
they
saw
,
that
naturally
it
could
not
be
otherwise
disposed
.
Wherein
they
say
very
truely
.
For
it
is
certaine
,
that
not
only
the
common
lawe
of
this
Realme
,
but
nature
it selfe
telleth
vs
,
that
the
Queene
of
Scotland
(
after
the
said
Kinges
children
)
is
the
next
and
rightful
Heire
of
the
Croune
.
Wherefore
the
King
,
if
he
had
excluded
her
,
he
had
done
an
vnnatural
acte
.
Ye
wil
say
,
he
had
some
cause
to
doo
this
,
by
reason
she
was
a
forainer
,
and
borne
out
of
the
Realm
.
Yet
this
notwithstanding
he
did
very
vnnaturally
,
yea
vnaduisedly
,
inconsideratly
and
wrongfully
,
and
to
the
great
preiudice
and
danger
of
his
owne
Title
to
the
Croune
of
France
,
as
we
haue
already
declared
.
And
moreouer
it
is
wel
to
be
weighed
,
that
reason
,
and
equitie
,
and
Ius
Gentium
doth
require
and
craue
,
that
as
the
Kings
of
this
Realme
would
thinke
them selues
to
be
iniuriously
handled
and
openly
wronged
,
if
they
mariyng
with
the
heires
of
Spaine
,
Scotland
or
any
other
Countrey
(
where
the
succession
of
the
Croune
deuolueth
to
the
woman
)
were
shutte
out
,
and
barred
from
theyr
said
right
dewe
to
them
by
the
wiues
(
as
we
haue
said
)
:
so
likewise
they
ought
to
thinke
of
women
of
their
royal
blood
,
that
marie
in
Scotland
,
that
they
may
wel
iudge
and
take
them selues
much
iniured
,
vnnaturally
and
wrongfully
dealt
withall
,
to
be
thruste
from
the
succession
of
this
Croune
,
being
thereto
called
by
the
nexte
proximitie
of
the
royal
blood
.
And
such
deuolutions
of
other
Kingdoms
to
the
Croune
of
England
by
foraine
mariage
,
might
by
possibilitie
often
times
haue
chaunced
,
and
was
euen
nowe
in
this
our
time
very
like
to
haue
chanced
for
Scotland
,
if
the
intended
mariage
with
the
Queene
of
Scotland
that
now
is
,
and
the
late
King
Edward
the
sixt
with
his
longer
life
,
and
some
issue
had
taken
place
.
But
now
,
that
she
is
no
suche
forainer
,
as
is
not
capable
of
the
Croune
,
we
haue
at
large
already
discussed
.
Yea
I
wil
now
say
farther
,
that
supposing
the
Parlament
minded
,
to
exclude
her
,
and
might
rightfully
so
doe
,
and
that
the
King
by
vertue
of
this
statute
did
exclude
her
in
his
supposed
Wil
:
yet
is
she
not
a
plaine
forainer
,
and
incapable
of
the
Croune
.
For
if
the
lawfull
heires
of
the
said
Ladie
Francis
,
and
of
the
Ladie
Elenour
should
happen
to
faile
(
which
seeme
now
to
faile
,
at
the
least
in
the
Ladie
Katherin
and
her
issue
,
for
whose
title
,
great
sturre
hath
lately
ben
made
,
by
reason
of
a
late
sentence
definitiue
,
geuen
against
her
pretensed
mariage
with
the
Earle
of
Herford
)
then
is
there
no
stay
or
stoppe
,
either
by
the
Parlament
,
or
by
the
supposed
Will
,
but
that
she
the
said
Queene
of
Scotlande
,
and
her
Heires
,
may
haue
and
obteine
their
iust
Title
and
claime
.
For
by
the
said
pretensed
Wil
it
is
limited
,
that
for
default
of
the
lawfull
Heyres
of
the
said
Ladre
Francis
and
Elenour
,
the
Croune
shall
remaine
and
come
to
the
next
rightful
Heires
.
But
if
she
shal
be
said
to
be
a
forainer
for
the
time
,
for
the
induction
of
farther
argument
:
then
what
saye
the
Aduersaries
to
my
Ladie
Leneux
,
borne
at
Herbottel
in
England
,
and
from
thirtene
yeares
of
age
brought
vppe
also
in
England
,
and
commonly
taken
and
reputed
as
well
of
the
King
and
Nobilitie
,
as
of
other
,
the
lawefully
Neece
of
the
said
King
?
Yea
to
turne
nowe
to
the
other
Sister
of
the
King
,
maried
to
Charles
Brandon
Duke
of
Suffolke
,
and
her
children
,
the
Ladie
Francis
,
and
the
Ladie
Elenour
:
why
are
they
also
disherited
?
Surely
,
if
there
be
no
iust
cause
,
neither
in
the
Lady
Leneux
,
nor
in
the
other
:
it
seemeth
the
King
hath
made
a
plaine
Donatiue
of
the
Croune
.
Whiche
thinge
whether
he
could
doe
,
or
whether
it
be
conformable
to
the
expectation
of
the
Parlament
,
or
for
the
Kinges
honour
,
or
for
the
honour
for
the
Realme
,
I
leaue
it
to
the
farther
consideration
of
other
.
Nowe
,
what
causes
should
moue
the
Kinge
,
to
shutte
them
out
by
his
pretensed
Will
from
the
Title
of
the
Croune
:
I
minde
not
,
nor
neede
not
(
especially
seeing
I
take
no
notice
of
any
such
Wil
,
touching
the
limitation
of
the
said
Croune
)
here
to
to
prosecute
or
examine
.
Yet
am
I
not
ignorant
,
what
impedimentes
many
doo
talke
of
,
and
some
as
well
by
printed
,
as
vnprinted
Bookes
,
doe
write
of
.
Wherein
I
will
not
take
vppon
me
any
asseueration
,
any
resolution
or
iudgement
.
Thus
only
will
I
propound
,
as
it
were
by
the
way
of
consideration
,
duely
and
depely
to
be
wayed
and
thought
vpon
:
that
is
,
for
as
muche
as
the
benefitte
of
this
surmised
Wil
tendeth
to
the
extrusion
of
the
Queene
of
Scotland
,
and
others
altogether
,
to
the
issue
of
the
French
Queene
:
whether
in
case
the
King
had
no
cause
to
be
offended
with
his
sisters
the
Frenche
Queenes
children
(
as
the
Aduersaries
them selues
confesse
he
had
not
,
and
that
there
was
no
lawful
impediment
in
them
,
to
take
the
succession
of
the
Croune
)
it
were
any
thing
reasonable
,
or
euer
was
once
meant
of
the
Parlament
,
that
the
King
without
cause
should
disherite
and
exclude
them
from
the
Title
of
the
Croune
.
On
th'
other
side
,
if
ther
were
any
such
impediment
(
whereof
this
surmised
Wil
geueth
out
a
great
suspicion
)
it
is
to
be
considered
,
whether
it
standeth
with
reason
and
iustice
,
with
the
honour
of
the
King
,
and
the
whole
Realme
,
or
with
the
minde
,
purpose
and
intente
of
the
said
Parlament
,
that
the
King
should
not
onely
frustrate
and
exclude
suche
,
whose
right
by
the
common
lawe
is
moste
euidente
and
notoriouse
,
but
call
and
substitute
suche
other
,
fl
pater
.
ff.
Quae
in
frau
.
credit
.
L.
fill
.
famil
.
ff.
de
Donat.
as
by
the
same
lawe
are
plainely
excluded
.
In
consideration
whereof
many
notable
Rules
of
the
Ciuil
lawe
doo
concurre
.
First
,
c
quae
res
pign
l.
obligatione
.
ff.
de
pigno
.
c
in
genera
.
de
Regum
iuris
in
6.
L.
quidam
.
ff.
de
uerb
.
s●g
.
L.
ut
grada
.
§.
1.
de
numer
.
&
honor
.
L.
permittendo
cum
notatis
.
ff.
de
iure
dotium
.
In
geuing
general
authoritie
,
that
seemeth
not
to
be
comprised
,
that
the
partie
would
not
haue
graunted
,
being
specially
demaunded
.
General
voordes
must
be
referred
to
hable
persons
.
L.
2.
c.
de
Nopal
.
that
who
soeuer
geueth
any
man
a
general
authoritie
,
to
do
any
thing
,
seemeth
not
to
geue
him
authoritie
,
to
do
that
thing
,
which
he
would
not
haue
graunted
,
if
his
minde
therein
had
bene
seuerally
and
specially
asked
and
required
.
Againe
,
general
wordes
either
of
the
Testatours
,
or
of
suche
as
make
any
contract
,
and
especially
of
statutes
,
touching
any
persons
,
to
doe
or
enioy
any
thing
,
ought
to
be
restrained
and
referred
to
hable
,
mete
,
and
capable
persons
only
.
It
is
further
more
a
rule
and
a
Principle
,
that
statutes
must
be
ruled
,
measured
and
interpreted
,
according
to
the
minde
and
direction
of
the
general
and
common
lawe
.
Wherefore
the
King
in
limiting
the
succession
of
the
Croune
in
this
sorte
,
as
is
pretended
,
seemeth
not
to
answere
and
satisfie
the
expectation
of
the
Parlament
:
putting
the
ease
there
were
any
such
surmised
impediment
,
as
also
on
the
other
side
likewise
,
if
there
were
no
such
supposed
impediment
.
For
here
an
other
rule
must
be
regarded
:
whiche
is
,
that
in
Testaments
,
Contractes
,
and
namely
in
statutes
,
the
generalitie
of
wordes
must
be
gently
and
ciuilly
moderated
,
and
measured
by
the
common
law
,
and
restrained
,
in
computatione
.
De
iure
deliber
.
&
ibi
notat
Alciat
.
in
l.
1.
de
uerb
.
significat
.
when
so
euer
any
man
should
by
that
generalitie
take
any
dammage
and
hurte
vndeseruedly
.
Yea
,
the
Statute
shal
rather
in
that
case
ceasse
and
quaile
,
and
be
taken
as
void
.
As
for
example
,
it
appereth
by
the
Ciuil
law
,
that
if
it
be
enacted
by
statute
in
some
Cities
,
that
noman
shal
pleade
against
an
Instrument
,
no
not
the
Executour
:
yet
this
notwithstanding
,
if
th'
Executour
make
a
true
and
perfect
Inuentarie
of
the
goodes
of
the
Testatour
,
if
he
deale
faithfully
and
truely
,
rather
then
he
should
wrongfully
and
without
cause
paie
the
Testatours
debt
of
his
owne
,
he
may
come
and
pleade
against
the
Instrument
.
Wherefore
the
Kinges
doings
seeme
either
muche
defectiue
in
the
said
Ladie
Francis
,
and
Ladie
Elenour
,
or
much
excessiue
in
their
children
.
And
so
though
he
had
signed
the
said
Wil
with
his
hand
:
yet
the
said
doings
seme
not
conformable
to
the
mind
and
purpose
of
the
Parlament
.
We
wil
now
go
forward
,
and
propound
other
great
and
graue
considerations
seruing
our
said
purpose
and
intent
.
Whereof
one
is
that
in
limiting
the
Croune
vnto
the
heires
of
the
bodie
of
the
Ladie
Francis
,
the
same
Ladie
then
,
and
so
long
after
liuing
,
the
said
King
did
not
appoint
the
Succession
of
the
Croune
,
according
to
th'
order
and
meaning
of
the
honourable
Parlament
:
forasmuch
as
the
said
Acte
of
Parlament
gaue
to
him
authoritie
,
to
limite
and
appoint
the
Croune
to
such
person
,
or
persons
in
reuersion
or
remainder
,
as
should
please
his
Highnes
.
Meaning
thereby
some
person
certaine
,
of
whom
the
people
might
haue
certaine
knowledge
and
vnderstanding
,
after
the
death
of
King
Henrie
the
eight
.
Which
persons
certaine
the
heires
of
the
Ladie
Francis
could
not
by
any
meanes
be
intended
:
But
to
this
matter
some
peraduenture
would
seeme
to
answere
and
say
,
that
although
at
the
time
of
the
said
King
Henries
death
,
the
Heires
of
the
bodie
of
the
said
Ladie
Francis
begotten
,
were
vncertaine
:
yet
at
suche
time
,
as
the
said
remainder
should
happen
to
fal
,
the
said
heires
might
then
certainly
be
knowen
.
In
deede
I
wil
not
deny
,
but
that
peraduenture
they
might
be
then
certainly
knowen
.
But
what
great
mischieffes
and
inconueniences
might
haue
ensewed
,
and
yet
may
,
if
the
Wil
take
place
vpon
that
peraduenture
and
vncertaine
limitation
:
I
would
wishe
all
men
well
to
note
and
consider
.
It
is
not
to
be
doubted
,
but
that
it
might
haue
fortuned
,
at
such
time
as
the
remainder
shuld
happen
to
fal
to
the
said
heires
of
the
Ladie
Francis
,
the
same
Lady
Francis
should
then
be
also
liuing
:
who
,
I
pray
you
,
then
should
haue
had
the
Croune
?
Paraduenture
ye
wold
say
,
the
heires
of
the
body
of
the
Ladie
Elenor
,
to
whom
the
next
remainder
was
apointed
.
Vndoubtedly
that
were
contrarie
to
the
meaning
of
the
said
supposed
Wil
:
forsamuch
as
the
remainder
is
therby
limited
vnto
the
heires
of
the
body
of
the
Ladie
Elenour
,
only
for
default
of
issue
of
the
Ladie
Francis.
Wherby
it
may
be
very
plainly
gathered
vpon
the
said
supposed
Wil
,
that
the
meaning
therof
was
not
,
that
the
children
of
the
Lady
Elenour
should
enioye
the
Croune
,
before
the
children
of
the
Lady
Francis.
But
what
if
the
said
Ladie
Elenour
had
ben
then
also
liuing
(
which
might
haue
happened
,
forasmuch
as
both
the
said
Ladie
Francis
and
Ladie
Elenour
,
by
common
course
of
nature
,
might
haue
liued
longer
,
then
vntil
this
day
)
who
then
should
haue
had
the
Croune
?
Truly
the
right
Heyre
(
whome
this
supposed
Wil
meante
to
exclude
)
so
long
as
there
should
remaine
any
issue
,
either
of
the
body
of
the
said
Ladie
Francis
,
or
of
the
bodie
of
the
said
Ladie
Elenour
lawfully
begotten
.
And
therefore
quite
contrarie
to
the
meaning
of
the
said
supposed
Wil.
Wherfore
I
doe
verely
thinke
,
that
it
would
hardly
sinke
into
any
reasonable
mans
head
,
that
had
any
experience
of
the
great
wisdom
and
aduised
doings
of
King
Henry
the
eight
about
other
matters
being
of
nothing
like
weight
,
that
he
would
so
slenderly
and
so
vnaduifedly
dispose
the
succession
of
the
croune
(
whervpon
the
whole
estate
of
this
Realme
doth
depend
)
in
suche
wise
,
that
they
,
to
whom
he
meant
to
geue
the
same
,
by
his
wil
could
not
enioye
it
by
the
lawe
.
Wherevpon
ye
may
plainely
see
,
not
only
the
great
vnlikelihod
,
that
King
Henry
the
eight
would
make
any
such
Wil
with
such
slender
aduise
,
but
also
,
that
by
the
limitation
of
the
said
Will
,
the
succession
of
the
Croune
is
made
more
vncertaine
and
doubtful
,
then
it
was
before
the
making
of
the
said
Actes
of
Parlament
.
Which
is
contrary
to
the
meaning
and
intent
of
the
said
Actes
,
and
therfore
without
any
sufficient
warrant
in
law
.
But
peraduenture
some
here
wil
say
,
that
although
these
dangers
and
vncertainties
might
haue
ensewed
vpon
the
limitation
of
the
said
wil
:
yet
forasmuch
as
they
haue
not
happened
,
neither
be
like
to
happen
,
they
are
therefore
not
to
be
spoken
of
.
Yeas
verely
,
it
was
not
to
be
omitted
.
For
although
these
things
haue
not
happened
,
and
therefore
the
more
tolerable
:
yet
forasmuch
as
they
might
haue
happened
,
by
the
limitation
of
the
said
supposed
Wil
contrary
to
the
meaning
of
the
said
Actes
:
the
Wil
can
not
by
any
meanes
be
said
to
be
made
according
to
the
meaning
and
intent
of
the
makers
of
the
said
statutes
.
And
therefore
in
that
respect
the
said
Wil
is
insufficient
in
lawe
.
And
to
aggrauate
the
matter
farther
,
ye
shal
vnderstand
of
great
inconueniences
and
imminent
dangers
,
which
as
yet
are
likely
to
ensue
,
if
that
supposed
Wil
should
take
place
.
It
is
not
vnknowen
,
but
that
at
the
time
of
the
making
of
the
said
Wil
,
the
said
Ladie
Francis
had
no
issue
male
,
but
onely
three
daughters
betwene
her
,
and
Henrie
Duke
of
Suffolke
.
Afterward
in
the
time
of
our
late
soueraigne
Ladie
Queene
Marie
,
the
said
Duke
of
Suffolke
was
attainted
,
and
suffered
accordingly
.
After
whose
death
the
said
Ladie
Francis
,
to
her
great
dishonour
and
abasing
of
her selfe
,
toke
to
husbande
one
Adrian
Stokes
,
who
was
before
her
seruant
,
a
man
of
very
meane
estate
and
vocation
,
and
had
issue
by
him
.
Which
issue
(
if
it
were
a
son
,
and
be
also
yet
liuing
)
by
the
wordes
of
the
said
supposed
Wil
,
is
to
inherite
the
Croune
of
this
Realme
,
before
the
daughters
betwene
her
and
the
said
late
Duke
of
Suffolke
begotten
,
which
thing
was
neither
intended
,
nor
meant
by
the
makers
of
the
said
Actes
.
Who
can
with
any
reason
or
common
sense
thinke
,
that
al
the
states
of
the
Realme
assembled
together
at
the
said
Parlament
,
did
meane
,
to
geue
authoritie
to
King
Henry
the
eight
,
by
his
Letters
Patents
or
last
Wil
to
disherit
the
Queene
of
Scotland
lineally
descended
of
the
blood
roial
of
this
Realme
,
and
to
appoint
the
sonne
of
Adrian
Stokes
,
then
a
meane
seruing
man
of
the
Duke
of
Suffolks
,
to
be
King
and
Gouernour
ouer
this
noble
Realme
of
England
.
The
inconueniences
whereof
,
as
also
of
the
like
that
might
haue
followed
of
the
pretensed
Mariage
of
M.
Keies
the
late
Sergeante
Porter
,
I
referre
to
the
graue
considerations
and
iudgementes
of
the
honorable
and
worshipful
of
this
Realme
.
Some
peraduenture
wil
say
,
that
King
Henry
the
eight
meant
by
his
Wil
,
to
dispose
the
Croune
vnto
the
Heires
of
the
body
of
the
said
Ladie
Francis
by
the
said
Duke
lawfully
begotten
,
and
not
vnto
the
heires
by
any
other
person
to
be
begotten
.
Which
meaning
although
it
might
very
hardly
be
gathered
vpon
the
said
supposed
Wil
:
yet
can
not
the
same
be
without
as
great
inconueniences
,
as
the
other
.
For
if
the
Croune
should
nowe
remaine
vnto
the
heires
of
the
bodie
of
the
said
Ladie
Francis
by
the
said
Duke
begotten
:
then
should
it
remaine
vnto
two
daughters
ioyntly
,
they
both
being
termed
and
certainly
accompted
in
law
but
one
heire
.
And
by
that
meanes
the
state
and
gouernment
of
this
Realme
should
be
changed
from
the
auncient
Monarchie
,
into
the
gouernement
of
many
.
For
the
Title
of
the
Ladie
Francis
being
by
way
of
remainder
,
whiche
is
compted
in
law
a
ioynt
purchase
,
doth
make
all
the
issue
female
inheritable
a
like
,
and
cannot
go
according
to
the
ancient
law
of
a
descent
to
the
Croune
:
which
is
,
that
the
Croune
by
descent
must
go
to
the
eldest
daughter
only
,
as
is
aforesaid
.
For
great
differences
be
in
law
,
where
one
cometh
to
any
Title
by
descent
,
and
where
,
as
a
purchaser
.
And
also
if
th'
one
of
those
issues
female
dye
,
then
were
her
heire
in
the
Title
,
as
a
seueral
tenant
in
tayle
.
And
so
there
should
follow
,
that
so
many
daughters
,
so
many
general
Gouernors
,
and
so
might
their
issue
,
being
heirs
females
,
make
the
gouernment
grow
infinite
.
Which
thing
was
most
farre
from
the
meaning
of
the
makers
of
that
Acte
of
Parlament
.
What
if
the
said
King
had
by
his
last
Wil
disposed
this
realme
into
two
or
three
parts
,
diuiding
the
gouernement
thereof
to
three
persons
,
to
rule
as
seueral
Kinges
:
as
for
example
,
Wales
vnto
one
,
the
Northe
partes
vnto
an
other
,
the
South
partes
vnto
the
third
,
and
by
that
meanes
had
miserably
rent
this
Realme
into
partes
?
Had
this
ben
according
to
the
entent
and
meaning
of
the
said
Acte
of
Parlament
?
Or
had
it
bene
a
good
and
sufficient
limitation
in
law
?
No
verily
,
I
thinke
no
man
of
any
reasonable
vnderstanding
wil
so
say
.
And
no
more
can
he
either
say
,
or
thinke
of
the
remainder
limited
vnto
heires
of
the
body
of
the
said
Lady
Francis
by
the
said
supposed
Wil.
Now
to
complete
and
finish
this
our
Treatise
touching
the
Queene
of
Scotlands
Title
to
the
fuccession
of
the
Croune
:
as
we
haue
done
,
so
let
vs
freely
and
liberally
graunt
the
Aduersaries
that
,
whiche
is
not
true
,
that
is
,
that
the
said
supposed
Wil
was
signed
with
the
Kings
owne
hand
.
Let
the
heires
of
the
Lady
Francis
come
forth
in
Gods
name
,
and
lay
forth
to
the
world
their
demaund
and
supposed
right
against
the
said
Q.
of
Scotlandes
interest
.
The
Quene
on
th'
other
side
,
to
fortifie
and
strengthen
her
claime
,
laieth
forth
to
the
open
sight
of
al
the
worlde
her
●ust
title
and
interest
,
signed
,
and
alwaies
afore
this
time
allowed
,
not
onely
as
with
the
Seales
,
but
with
the
othes
also
of
al
the
Kings
,
that
euer
wer
in
England
,
taken
at
the
time
of
their
Coronation
,
for
the
continuance
of
the
lawes
of
this
noble
Realme
of
England
,
signed
and
allowed
,
I
say
,
almost
of
al
the
world
by
sides
:
yea
signed
with
God
and
natures
owne
fingers
.
Her
right
is
as
open
,
and
as
clere
,
as
the
bright
Sonne
.
Now
,
to
darken
and
shadow
this
glorious
light
:
what
doe
the
heires
of
the
said
Ladie
Francis
,
or
others
bring
forth
,
to
ground
their
iust
claime
and
demaund
vpon
?
When
al
is
done
,
they
are
faine
to
runne
and
catche
holde
vpon
King
Henry
the
eightes
written
Wil
,
signed
with
his
owne
hande
.
Wel
,
let
them
take
as
good
handfast
thereon
,
as
they
can
:
but
yet
lette
them
shewe
the
said
Queene
the
said
original
Wil.
It
is
wel
knowen
,
that
they
themselues
haue
said
,
that
that
to
doe
they
can
not
.
Yet
let
them
at
least
lay
forth
some
authentical
Record
of
the
same
.
It
is
also
notorious
,
that
they
can
not
.
If
then
the
foundation
of
their
claime
,
being
the
Wil
of
such
a
Prince
,
and
of
so
late
and
fresh
memorie
made
,
neither
the
original
,
nor
yet
any
good
and
worthy
Recorde
sufficiently
authorised
,
remaine
of
the
same
:
by
what
colour
wil
they
exclude
the
saide
Queene
?
They
must
claime
either
by
proximitie
of
blood
,
or
by
Charter
.
For
the
first
,
nature
hath
excluded
them
:
Charter
they
haue
none
to
shew
.
They
wil
perchance
crie
out
,
and
complain
of
the
losse
and
imbeaseling
of
the
same
and
say
,
that
such
a
casualtie
should
not
destroye
and
extinguish
their
right
.
This
were
some
thing
perchance
,
if
it
were
in
a
priuate
mans
case
.
It
were
somewhat
,
if
their
demaund
did
not
destroy
the
common
law
,
and
the
law
of
nature
also
.
It
were
somewhat
,
if
their
supposed
Charter
were
perished
,
or
by
any
frau
dulent
meanes
intercepted
by
the
said
Quene
.
Vpon
whom
in
this
point
it
is
not
possible
,
to
fasten
any
the
very
least
sinister
suspicion
.
It
were
somewhat
,
if
they
did
not
aspire
to
take
gaine
and
lucre
,
or
if
the
Queene
sought
not
to
auoide
dammage
.
For
dammage
it
is
,
when
any
person
is
spoiled
of
any
right
due
to
him
by
law
and
reason
.
And
there
is
a
great
oddes
in
the
consideration
of
the
law
and
reason
,
betwene
auancing
our
gaine
(
and
gain
we
do
that
,
that
doth
grow
and
accrew
vnto
vs
by
mere
gifte
or
legacie
,
Non
est
par
rati●
.
lucra
non
capere
.
&
damna
sentire
.
L.
sin
.
C.
de
co
dicil
.
&
L.
Proculus
ff.
de
damno
infect
.
Insti
.
de
legat
.
Si
res
.
as
doth
the
Croune
,
to
these
competitours
and
Heires
of
the
Lady
Francis
)
and
eschewing
dammage
and
losse
.
And
losse
the
lawe
accompteth
to
be
,
when
we
are
defeated
of
our
Auncestours
inheritance
.
So
that
both
being
put
in
the
indifferent
balance
of
reason
,
lawe
and
conscience
:
the
dammage
shal
ouerweigh
the
mere
lucre
and
gaine
.
Yea
,
I
wil
say
more
,
that
in
case
either
the
saied
Queene
of
Scotlande
,
or
any
other
were
in
possession
of
the
Croune
,
hauing
no
right
to
the
same
:
yet
if
the
issue
of
the
Lady
Francis
had
no
farther
,
nor
better
right
,
then
these
pretended
writings
,
the
defendants
cleauing
to
the
only
possession
,
were
salfe
and
sure
,
and
were
not
bound
,
to
shew
to
them
their
Title
.
qui
●ee●
sare
C.
d●
edendo
§.
commodum
.
lust
.
de
indict
.
For
it
is
a
rule
of
the
Lawe
,
that
if
the
Plaintife
faile
in
his
prouffe
,
the
Defendant
shal
be
discharged
:
yea
,
though
he
haue
no
better
right
,
then
bare
and
naked
possession
.
Neither
could
they
any
thing
be
releaued
,
though
the
pretensed
Record
of
the
Chancerie
were
yet
extant
,
not
for
such
causes
only
,
as
we
haue
specified
,
but
for
diuers
other
.
For
it
may
wel
be
doubted
,
though
the
said
Recorde
might
beare
a
sufficient
credit
among
the
subiectes
of
this
Realme
,
whether
it
may
beare
the
same
against
one
,
that
is
no
subiect
.
st
qui●
i●
aliquo
documento
C.
de
edend●
.
Againe
it
is
a
rule
,
that
the
publike
Instrument
,
making
mention
of
an
other
,
doth
nothing
proue
against
the
partie
,
in
respecte
of
any
thing
so
mentioned
,
vnlesse
the
original
it selfe
be
producted
.
If
therfore
these
competitours
haue
lost
their
instruments
and
Euidences
,
where
vpon
they
must
of
necessitie
build
their
demaund
and
Claime
,
to
the
exclusion
of
an
other
notorious
right
and
Title
:
they
must
beare
the
discommoditie
therof
,
that
sought
thereby
their
lucratiue
aduancement
and
commoditie
,
not
the
person
,
that
demaundeth
nothing
els
,
but
that
to
him
lawfully
and
orderly
is
due
.
Yea
,
they
,
and
we
to
,
haue
good
cause
to
thinke
,
that
this
thing
(
in
case
any
suche
Wil
were
)
is
wonderfully
wrought
by
Gods
permission
and
prouidence
.
For
it
is
almost
incredible
,
to
heare
and
beleeue
,
such
kinde
of
writings
(
and
in
so
great
and
weightie
a
matter
,
as
this
pretensed
Wil
compriseth
)
to
be
so
sone
extinguished
,
and
perished
,
as
it
were
,
for
special
purpose
,
to
preserue
to
this
Noble
Realme
the
true
and
sincere
succession
of
the
next
royal
blood
.
Which
if
it
should
,
by
certaine
(
I
can
not
tel
what
)
interlined
papers
and
scrolles
be
deriued
and
transferred
to
any
other
wrongfull
heires
:
it
would
be
a
wonderfull
and
strange
thing
to
the
worlde
to
heare
,
and
to
importable
to
vs
and
our
posteritie
,
to
beare
it
.
It
wil
then
be
so
farre
of
,
that
that
thing
,
whiche
the
Parlament
most
regarded
in
this
Commission
,
shal
by
this
pretensed
Wil
be
produced
and
purchased
to
this
realm
,
as
to
haue
a
certain
knowen
vndoubted
lawful
Gouernour
and
King
,
to
haue
striffe
,
contentions
and
diuisions
for
the
Croune
cut
away
:
that
euen
the
very
thing
the
Parlament
most
feared
,
is
most
vnfortunately
and
most
lamentably
like
soonest
to
chaunce
.
He
that
remembreth
the
tragical
procedinges
of
the
last
,
by
name
,
and
not
by
right
,
King
Richarde
,
needeth
not
greatly
to
doubt
,
but
that
as
he
could
find
in
his
hart
,
to
bastard
his
eldest
brother
and
lawful
king
,
and
to
defame
his
own
natural
mother
as
an
harlot
:
euen
so
now
there
wil
some
be
found
,
that
wil
easely
be
enduced
,
for
auancing
and
setting
forth
of
their
supposed
right
and
Title
to
the
Croune
,
to
seeke
meanes
,
to
wring
them
out
that
shal
wrongfully
sit
in
the
royal
Throne
,
and
to
seeke
to
extort
the
Croune
from
their
possession
.
Whiche
vnhappy
daye
,
if
it
should
once
chance
(
as
God
forbid
)
then
may
we
crie
out
,
and
sing
a
woful
and
doleful
song
:
then
may
we
not
without
cause
loke
for
the
botomelesse
Ocean
sea
of
infinite
troubles
,
miseries
and
mischieffes
to
ouerwhelme
the
Realme
.
The
which
my
mind
and
harte
abhorreth
to
thinke
vpon
,
and
my
penne
in
my
hand
trembleth
to
write
thereof
.
Finis
.