The
obiections
of
the
aduersaries
touching
Aliens
borne
are
clearlie
auoided
.
OVR
aduersaries
,
in
a
booke
gyuen
out
by
them
touching
this
succession
,
doe
alleige
for
a
Maxime
in
lawe
most
manifest
,
that
who
so
euer
is
borne
out
of
England
,
and
of
father
and
mother
,
not
being
vnder
obedience
of
the
King
of
England
,
can
not
be
capable
to
inherite
any
thing
in
England
.
Whiche
rule
being
generall
,
without
any
wordes
of
exception
,
they
also
say
,
must
nedes
extende
vnto
the
Croune
.
What
they
meane
by
lawe
,
I
knowe
not
.
But
if
they
meane
(
as
I
thinke
they
do
)
the
common
lawe
of
England
:
I
answere
,
there
is
no
suche
Maxime
in
the
common
lawe
of
the
Realme
of
Englande
as
hereafter
I
shall
manifestly
proue
.
But
if
it
were
(
for
argumentes
sake
)
admitted
for
this
time
,
that
it
be
a
Maxime
or
general
rule
of
the
common
lawe
of
England
:
yet
to
saye
,
that
it
is
so
general
,
as
that
no
exception
can
be
taken
against
the
same
rule
,
they
shewe
them selues
either
ignorant
,
á
for●iori
,
that
it
doth
not
extende
to
binde
the
king
or
his
Croune
.
And
for
a
full
&
short
answere
to
their
Authorities
sett
foorth
in
their
marginall
Notes
,
as
5.
Edward
.
3.
tt
.
Ayl●
1●
.
Edwa
.
3.
tt
.
Bref
.
31.
Edwa
3.
tt
.
Cosen
.
42
Ed.
3
fol.
2
22
Henric.
6
fol.
42.
11.
Henric.
4.
23.
&
24.
Litleton
.
ca.
vile●age
:
it
may
plainly
appeare
vnto
all
,
that
will
reade
and
peruse
those
Bookes
,
that
there
is
none
of
them
all
,
that
doth
so
muche
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
this
their
supposed
generall
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
,
to
demaunde
any
landes
by
the
lawes
of
the
Realme
by
suite
and
action
onely
,
as
a
subiect
vnder
the
King
:
Tit.
praeroga
.
21.
E.
3.
9.
&
28.
H.
6.
that
a
Queene
shall
not
haue
the
thirde
parte
of
the
landes
belonging
to
the
Croune
,
as
appeareth
in
5.
E.
3.
Tit.
praerogat
.
21.
E.
3.
9.
&
28.
H.
6.
and
diuers
other
bookes
.
Bysides
this
,
the
rule
of
Possessio
fratris
,
But
to
this
the
aduersaries
wold
seeme
to
answere
in
their
said
booke
,
sayeing
,
that
Henry
the
seuenth
,
not
with
standing
his
attainder
,
came
to
the
Croune
,
as
caste
vpon
him
by
the
order
of
the
lawe
:
for
so
much
as
when
the
Croune
was
caste
vpon
him
,
that
dishabilitie
ceassed
.
Wherein
they
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
they
say
,
that
he
was
not
lawful
King
,
but
an
vsurpet
.
And
therfore
in
confessing
Henry
the
seuenth
to
be
a
lawful
king
,
and
that
the
Croune
was
lawfully
caste
vpon
him
,
they
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
not
withstanding
,
whiche
is
as
muche
as
I
would
wish
them
to
graunt
.
But
in
conclusion
,
vnderstanding
them selues
that
this
their
reason
can
not
mainteine
their
intent
:
Yf
the
Croune
had
bene
holden
of
any
person
,
to
whome
it
might
haue
escheted
,
as
in
theyr
case
of
I.
S.
the
lande
did
:
then
peraduenture
there
had
bene
some
affinitie
betwene
theyr
said
case
,
and
the
case
of
the
Croune
.
But
there
is
no
suche
matter
.
Bysides
that
they
muste
consider
,
that
the
king
cometh
to
the
Croune
,
not
onely
by
descent
,
but
also
&
chiefly
by
succession
,
as
vnto
a
corporation
.
And
therefore
they
might
easely
haue
sene
a
difference
in
theyr
cases
betwene
the
kinges
Maiestie
,
and
I.
S.
a
subiecte
:
And
also
betwene
landes
holden
of
a
Lorde
aboue
,
&
the
Croune
holden
of
no
earthly
Lorde
,
but
of
God
almighty
onely
.
But
yet
for
arguments
sake
I
woulde
faine
knowe
,
where
they
finde
their
difference
,
and
what
authoritie
they
can
shew
for
the
proof
thereof
?
They
haue
made
no
marginal
note
of
any
authoritie
:
&
therefore
vnlesse
they
also
saye
,
that
they
are
Pythagoras
,
I
will
not
beleue
theyr
difference
.
Wel
,
I
am
assured
,
that
I
can
shew
good
outhoritie
to
the
contrarie
,
and
that
there
is
no
difference
in
theyr
cases
.
Yf
they
peruse
.
22.
H.
6
:
Bysides
this
,
I
haue
hard
some
of
the
aduersaries
for
further
helpe
of
their
intention
in
this
matter
say
,
that
king
Henry
the
second
was
a
Queenes
childe
,
&
so
king
by
the
rule
of
the
common
lawe
.
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
sayed
,
to
be
a
Queene
of
Englandes
childe
,
nor
yet
any
kynges
childe
,
vnlesse
ye
would
intend
the
kinges
children
,
by
the
wordes
of
Infantes
de
Roy
&c
,
to
be
children
of
further
degree
,
&
descended
from
the
right
line
of
the
king
:
for
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
,
And
therefore
they
would
(
for
the
maintenance
of
theyr
pretensed
Maxime
)
catche
some
holde
vpon
Arthur
the
sonne
of
Ieffrey
,
one
of
the
sonnes
of
the
saide
Henry
the
seconde
.
They
say
then
,
like
good
and
ioly
Antyquaries
,
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
they
any
authoritie
to
proue
theyr
vaine
opinion
in
this
pointe
.
For
it
is
to
be
proued
by
the
Cronicles
of
that
Realme
,
that
king
Richarde
the
first
,
vncle
vnto
the
sayd
Arthur
,
taking
his
iourney
toward
Hierusalem
,
declared
the
said
Arthur
(
as
we
haue
declared
before
)
to
be
heire
apparent
vnto
the
Croune
:
which
would
not
haue
bene
if
he
had
bene
taken
to
be
vnhable
to
receaue
the
Croune
by
reason
of
foraine
birth
.
And
although
king
Iohn
did
vsurpe
,
aswell
upon
the
said
king
Richard
the
first
,
his
eldest
brother
,
as
also
vpon
the
sayd
Arthur
his
nephewe
:
yet
that
is
no
proof
,
that
he
was
reiected
,
bycause
he
was
borne
out
of
the
Realme
.
Yf
these
menne
could
proue
that
,
then
had
they
shewed
some
reason
and
president
to
proue
their
intent
,
whereas
hytherto
they
haue
shewed
none
at
all
,
nor
,
I
am
wel
assured
,
shall
euer
be
able
to
shewe
.
Thus
may
ye
see
,
gentle
Reader
,
that
neither
this
pretensed
Maxime
of
the
lawe
set
forth
by
the
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
that
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
,
all
the
obiections
of
the
Aduersaries
made
against
the
title
of
Marie
the
Queene
of
Scotland
to
the
succession
of
the
Croune
of
that
Realme
,
are
fully
answered
,
and
thereby
clearly
wiped
away
.
Yet
for
further
arguments
sake
,
and
to
the
ende
we
might
haue
all
matters
sifted
to
the
vttermost
,
and
therby
all
things
made
plaine
:
let
vs
,
for
this
tyme
,
somewhat
yeelde
vnto
the
Aduersaries
,
admitting
;
that
the
Title
of
the
Croune
of
that
Realme
were
to
be
examined
and
tried
by
the
rules
and
principles
of
the
common
lawe
:
and
then
let
vs
consider
and
examin
further
,
whether
ther
be
any
rule
of
the
common
lawe
,
or
els
any
statute
,
that
by
good
&
iust
construction
can
seeme
to
impugne
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
all
the
rules
,
Maximes
,
and
iugements
of
the
common
law
of
that
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
well
agree
,
that
it
is
any
rule
or
Maxime
of
the
common
lawe
of
the
Realme
of
England
.
Their
pretensed
Maxime
is
,
whosoeuer
is
borne
out
of
the
realme
of
England
,
and
of
father
and
mother
,
not
being
vnder
the
obedience
of
the
king
of
England
,
28.
9.
E.
4
fol.
5.
11.
H.
4.
fol.
25.
14.
H.
4.
fol.
10.
cannot
be
capable
to
inherite
any
thing
in
England
.
Whiche
rule
is
nothing
true
,
but
altogether
false
.
For
euery
stranger
and
Alien
is
hable
to
purchace
the
inheritance
of
landes
within
that
Realm
,
as
it
may
appeare
in
7.
&
9.
of
king
Edward
the
fourth
,
and
also
in
11.
&
14.
of
king
Henrie
the
fourth
.
And
although
the
same
purchasse
is
of
some
men
accounted
to
be
to
the
vse
of
the
king
:
yet
vntill
such
time
as
the
king
be
intitled
there
vnto
by
matter
of
Record
,
the
inheritance
remaineth
in
the
Alien
by
the
opinion
of
all
men
.
And
so
is
a
very
Alien
capable
of
inheritance
within
that
Realme
.
And
then
it
must
nedes
fall
out
verye
plainlye
,
that
this
generall
Maxime
,
where
vpon
the
aduersaries
haue
talked
and
bragged
so
muche
,
is
now
become
no
rule
of
the
common
lawe
of
that
Realme
.
And
if
it
be
so
:
then
haue
they
vtered
very
many
woordes
to
small
purpose
.
But
yet
let
vs
see
further
,
whether
there
be
any
rule
or
Maxime
in
the
common
lawe
,
that
may
seeme
any
thing
like
to
that
rule
,
wherevpon
any
matter
may
be
gathered
against
the
title
of
the
said
Marie
Queene
of
Scotland
.
There
is
one
rule
of
the
common
lawe
,
in
woordes
some
what
like
vnto
that
,
whiche
hath
bene
alleaged
by
the
aduersaries
.
Which
rule
is
set
forth
and
declared
by
a
statute
made
anno
25.
of
king
Edward
the
third
.
Whiche
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
all
infantes
inheritours
,
whiche
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
faith
and
allegeance
of
the
king
of
England
,
should
enioy
the
same
benefittes
and
aduantages
,
to
haue
and
holde
heritage
within
the
said
allegeance
,
as
other
heires
should
.
Whervpon
it
is
to
be
gathered
by
dew
&
iust
construction
of
the
same
statute
,
and
hath
bene
heretofore
commonly
taken
,
that
the
common
lawe
alwayes
was
,
&
yet
is
,
that
no
persone
born
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
algeance
,
as
heire
to
any
person
.
Whiche
rule
I
take
to
be
the
same
supposed
Maxime
,
that
the
aduersaries
do
meane
.
But
to
stretche
it
generally
to
all
inheritances
(
as
the
aduersaries
woulde
seeme
to
do
)
by
any
reasonable
meanes
can
not
be
.
Now
will
we
then
consider
,
whether
this
rule
by
any
reasonable
construction
can
extend
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
,
whiche
realm
is
out
of
the
allegeance
of
England
,
her
father
and
mother
not
being
of
the
same
allegeance
:
&
therfore
by
the
said
rule
,
she
is
not
inheritable
to
the
Croune
of
England
.
Though
.
I
might
at
the
beginning
very
wel
and
orderly
deny
the
consequent
of
this
argumente
:
yet
I
wil
first
examin
the
Antecedent
,
euen
by
the
common
opinion
and
sentence
of
English
men
:
then
will
I
consider
vpon
the
consequent
.
And
this
I
intend
,
of
purpose
only
to
discouer
the
improuidence
of
the
aduersaries
,
whiche
in
a
matter
,
where
they
couet
most
to
looke
vnto
them selues
,
there
they
least
of
all
prouide
for
the
warrantize
of
theyr
cause
by
their
owne
pretensed
lawes
of
the
Realme
of
England
.
But
I
mynde
not
hereupon
so
to
ouer
rule
the
matter
,
as
any
preiudice
may
thereby
be
created
against
the
Kynges
of
Scotland
:
who
haue
alwayes
kept
,
and
still
doe
kepe
and
enioye
,
with
a
plain
profession
&
most
iust
clame
in
their
owne
right
,
ouer
their
subiectes
a
supreme
authoritie
,
&
power
,
not
depending
by
any
lawe
right
or
custome
vpon
any
other
Prince
or
potentate
in
the
world
.
Well
then
(
to
come
to
the
Antecedent
)
so
it
is
,
that
the
Queene
of
Scotland
was
borne
in
Scotland
,
it
must
nedes
be
graunted
:
but
that
Scotland
is
out
of
the
allegeance
of
England
,
though
the
sayde
Queene
,
and
all
her
subiectes
doe
iustlye
affirme
the
same
,
yet
there
is
a
verie
greate
number
of
men
in
England
,
both
learned
and
others
,
whiche
are
not
of
that
opinion
,
but
earnestly
auouche
the
contrary
,
being
led
&
persuaded
therunto
(
as
they
say
)
by
diuerse
Histories
,
Registers
,
Recordes
,
and
Instruments
,
remayninge
in
the
Treasurie
of
that
Realme
:
wherin
is
mentioned
(
as
they
also
saye
)
that
the
Kynges
of
Scotland
haue
acknouleged
the
Kyng
of
England
to
be
the
superiour
Lorde
ouer
the
Realme
of
Scotland
,
&
haue
done
homage
and
fealtie
for
the
same
.
Which
being
true
,
though
all
Scotsmen
denie
it
,
as
Iustlie
they
may
:
for
the
homage
&
fealtie
whiche
those
men
speake
of
was
not
exhibited
nor
done
in
any
such
respect
as
they
surmise
,
but
in
consideration
of
the
tenures
of
certein
Segnories
,
Lands
,
tenements
,
&
hereditaments
lyeing
in
Northumberland
,
Cumberland
,
&
other
Shyres
of
England
,
whiche
now
the
Kinges
of
Scotland
want
,
and
then
did
enioye
&
holde
of
the
Kyng
of
England
:
As
commonlie
it
is
sene
in
sondrie
parts
of
Christindome
Kyngs
and
Princes
hauyng
distinct
and
absolute
regiments
,
not
depending
of
any
other
potentate
,
to
holde
neuerthelesse
one
of
an
other
diuerse
landes
townes
and
countries
lyeing
within
the
marches
of
the
one
or
the
others
dominions
.
But
admit
it
to
be
true
whiche
these
men
doe
so
auouche
:
then
Scotlande
must
nedes
be
accompted
within
the
allegeance
of
England
,
euen
by
their
owne
lawes
of
the
same
Realme
,
and
by
the
common
opinion
of
their
owne
nation
.
And
although
sins
the
tyme
of
Kinge
Henry
the
sixt
,
none
of
the
Kinges
of
Scotlande
haue
done
the
said
seruice
vnto
the
Kinges
of
England
:
yet
that
is
no
reason
in
the
lawe
of
England
to
saye
,
that
therefore
the
Realme
of
Scotland
at
the
tyme
of
the
birth
of
the
sayd
Ladie
Marie
Queene
of
Scotlande
,
being
in
the
thirtie
and
fourth
yeare
of
the
raigne
of
the
late
Kinge
Henrie
the
eight
,
was
out
of
the
allegeance
of
the
Kinges
of
England
.
For
the
lawe
of
that
Realme
is
very
plain
,
that
though
the
Tenant
do
not
his
seruice
vnto
the
Lorde
,
yet
hath
not
the
Lord
thereby
lost
his
Seignorie
.
But
peraduenture
some
will
obiecte
and
saye
,
that
by
this
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
nowe
last
past
,
laufully
vested
in
the
Kinges
of
England
,
whose
right
and
title
still
remaineth
.
To
that
obiection
it
may
be
answered
,
that
there
is
a
great
difference
betwene
the
right
&
title
,
which
the
kings
of
England
clame
to
the
Realm
of
France
,
&
the
right
&
title
which
they
clame
to
the
Realme
of
Scotland
.
For
although
it
be
true
,
that
the
kings
of
England
haue
bene
lawfully
possessed
of
the
Croune
of
France
:
yet
during
such
time
,
as
they
by
vsurpation
of
others
,
are
dispossessed
of
the
said
Realme
of
Fraunce
:
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
England
,
&
haue
geuen
&
submitted
them selues
vnder
the
obedience
&
allegeance
of
the
frensh
.
But
as
for
the
Realme
of
Scotlande
,
it
is
otherwise
.
For
the
Title
,
whiche
the
Kinges
of
England
(
by
the
opinion
of
these
men
)
may
clame
to
the
Realme
of
Scotland
,
is
not
in
the
possession
of
the
lande
and
Croune
of
Scotlande
:
but
onely
in
the
seruice
of
homage
and
fealtie
for
the
same
:
And
though
the
Kinges
of
Scotland
,
many
yeres
,
haue
intermitted
to
doe
the
said
homage
&
fealtie
vnto
the
Kinges
of
Englande
:
yet
for
all
that
the
Kinges
of
Scotland
can
not
by
any
reason
or
lawe
be
called
vsurpers
,
and
vniust
possessors
.
And
thus
all
indifferente
men
,
not
ledd
by
affections
may
well
see
,
by
the
recordes
&
testimonies
of
England
,
that
the
Realme
of
Scotlande
,
is
within
the
allegeance
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
sayde
to
be
within
the
allegeance
of
the
Kings
of
England
,
by
reason
of
the
manifest
and
apparent
difference
before
shewed
.
But
what
if
the
antecedent
were
true
?
(
as
the
aduersaries
saye
it
is
,
and
all
Scotsmen
constantly
affirme
it
to
be
.
)
Yet
it
is
very
plaine
,
that
the
sayde
consequent
and
conclusion
can
not
by
any
meanes
be
true
:
10.
13.
E.
3.
Ti●
.
Bref
.
264.
16.
E.
3.
iurans
de
.
sait
.
166.
17.
E.
3.
Tit.
s●i●e
sac
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.
34.
1●
.
li.
Ass.
tit.
enfant
.
13.
H.
8.
fo.
14.
7.
E.
4.
fol.
10.
16.
E.
3.
iurans
.
de
●ait
.
9.
H.
6.
fol.
33.
35.
H.
6.
fol.
35.
5.
E.
4
fol.
70.
49.
li.
Ass.
A.
88.
22.
H.
6.
fol.
31.
13.
H.
8.
fol.
14.
as
other
corporations
do
.
No
man
doubteth
,
but
that
a
Prior
Alien
being
no
denizon
,
might
alwayes
in
time
of
peace
demaund
land
in
the
right
of
his
corporation
.
And
so
likewise
a
Deane
or
a
Person
being
Aliens
,
&
no
denizons
,
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
:
yeth
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
&
Letters
Patentes
by
reason
of
his
Nonage
,
as
other
infantes
may
doe
,
but
shall
alwayes
be
said
to
be
of
full
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
yere
olde
.
Bysides
that
,
the
Kinge
can
not
by
the
lawe
auoide
the
Letters
Patentes
made
by
any
vsurper
of
the
Croune
(
vnlesse
it
be
by
acte
of
Parlement
)
no
more
then
other
persones
incorporate
shall
auoide
the
grauntes
made
by
one
that
was
before
wrongfullye
in
their
places
and
romes
:
whereas
in
Descentes
of
inheritance
the
lawe
is
otherwise
.
For
there
the
heire
may
auoide
all
estates
made
by
the
disseasour
,
or
abatour
,
or
any
other
persone
,
whose
estate
is
by
lawe
defeated
.
Whereby
it
doth
plainely
appeare
,
that
the
King
is
incorporate
vnto
the
Croune
,
The
third
and
most
principall
cause
of
all
is
,
for
that
in
the
said
statute
,
wherupon
the
said
supposed
rule
or
Maxime
is
gathered
,
Infantes
de
Roy
are
expresly
excepted
out
of
the
sayd
supposed
rule
or
Maxime
.
Whiche
wordes
the
aduersaries
do
muche
abuse
,
in
restraining
and
construing
them
,
to
extende
but
to
the
first
degree
onely
:
whereas
the
same
wordes
may
very
well
beare
a
more
large
&
ample
interpretation
:
And
that
for
three
causes
&
considerations
.
That
he
who
is
manumissed
or
made
free
,
shall
not
commence
any
Action
against
the
children
of
the
Patrone
or
manumissour
without
licence
:
The
first
place
and
roome
of
succession
,
after
the
death
of
the
parentes
that
die
intestate
,
is
due
to
the
children
:
there
the
succession
apperteineth
as
well
to
degrees
remoued
,
as
to
the
first
.
Yea
in
all
causes
fauourable
(
as
ours
is
)
this
worde
Filius
,
(
a
sonne
)
conteinethe
the
woord
nepos
(
A
nephew
,
that
is
to
say
,
a
sonnes
sonne
or
daughters
sonne
:
)
though
not
by
the
propertie
of
the
voice
or
speache
,
(
Children
.
)
The
Spaniardes
also
vse
this
worde
(
Infantes
)
in
this
ample
sense
,
when
they
call
the
nexte
heire
to
the
heire
apparent
,
Infant
of
Spaine
:
euen
as
the
late
deceased
Lord
Charles
of
Austrich
was
called
,
his
father
&
grandfather
then
liuing
.
Yf
then
then
the
original
woord
of
the
statute
,
declaring
the
said
rule
,
may
naturally
&
properly
apperteine
to
all
the
Descendants
:
why
should
we
straine
and
bynde
it
to
the
first
degree
only
,
otherwise
than
the
nature
of
the
worde
or
reason
will
beare
?
For
I
suppose
verely
,
Diuerse
of
the
kinges
of
the
Realme
of
England
,
as
well
before
the
time
of
King
Edwarde
the
third
(
in
whose
time
this
statute
was
made
)
as
after
him
,
gaue
their
daughters
out
to
foraine
,
and
sometimes
to
meane
Princes
in
mariage
.
This
absurditie
would
haue
bene
more
notable
,
if
it
had
chaunced
about
the
time
of
Kinge
Henry
the
second
,
or
this
King
Edward
,
or
King
Henry
the
firste
and
sixte
,
when
the
possessions
of
the
Croune
of
that
Realme
were
so
amply
enlargid
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
chaunced
(
as
by
possibilitie
it
might
haue
chaunced
)
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
,
Luxemburg
,
Geldres
,
Zutphan
,
Burgundie
,
Friseland
:
from
the
Countreies
of
Flandres
,
Artois
,
Holland
,
Zealand
&
Namurs
,
and
from
the
new
found
lands
,
parcel
of
the
said
kingdome
of
Spaine
.
Which
are
(
vnlesse
I
be
deceiued
)
more
ample
by
dubble
or
treble
,
than
all
the
Countreies
now
rehearsed
.
Al
the
whiche
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
iolie
new
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
obseruinge
there
in
this
rigourous
pretensed
rule
,
that
should
by
one
hundred
part
counteruaile
this
importable
losse
and
spoile
of
the
Croune
,
and
of
the
lawfull
inheritour
of
the
same
?
But
perchance
for
the
auoiding
of
this
exception
limited
vnto
the
blood
roial
,
some
wil
say
,
Beside
that
,
I
would
faine
knowe
,
by
what
reason
might
a
man
saye
,
that
they
of
the
Kinges
Blood
born
out
of
the
allegeance
of
England
,
may
inherite
landes
within
that
Realme
,
as
heires
vnto
theyr
Ancestours
,
and
yet
not
to
be
able
to
inherite
the
Croune
.
Truly
in
mine
opinion
it
were
against
all
reason
.
But
on
the
contrarie
side
,
the
very
force
of
reason
muste
driue
vs
to
graunt
the
like
,
Now
,
in
case
these
two
causes
and
considerations
will
not
satisfie
the
aduersaries
:
we
wil
adioine
there
vnto
an
other
whiche
they
shall
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
,
After
whose
death
the
said
king
appointed
Eadgar
Adeling
sonne
of
the
said
Outlaw
,
(
being
his
next
cosen
)
to
be
his
heire
,
(
as
he
was
of
right
)
to
the
Croune
of
England
.
And
for
that
the
said
Eadgar
was
but
of
yong
and
tender
yeres
,
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
welde
the
state
of
a
king
.
By
this
it
is
apparent
,
that
foraine
birth
was
not
accompted
,
before
the
time
of
the
Conquest
,
to
be
a
iust
cause
to
repel
and
reiect
any
man
,
beinge
of
the
next
proximitie
in
blood
from
the
Title
of
the
Croune
.
And
though
the
said
king
Edward
the
Confessors
will
and
purpose
tooke
no
suche
force
and
effect
,
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
,
aswell
to
her
,
as
to
her
sonne
after
her
.
With
the
like
false
persuasion
the
Aduersaries
abuse
them selues
,
and
their
Readers
,
touchinge
Arthur
Duke
of
Britanie
,
Nephewe
to
king
Richard
the
first
.
As
though
forsooth
he
were
iustly
excluded
by
kinge
Iohn
his
vncle
,
bycause
he
was
a
forainer
borne
.
If
they
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
that
Realme
:
(
as
may
well
appeare
,
among
other
thinges
by
king
Richard
the
second
who
succeded
his
grand
father
king
Edward
the
third
,
which
Richard
had
diuerse
worthie
and
noble
vncles
,
who
neither
for
lacke
of
knowledge
,
coulde
be
ignorant
of
the
right
,
neither
for
lacke
of
frendes
,
courage
and
power
,
be
enforced
to
forbeare
to
chaleng
their
title
&
interest
)
then
should
they
haue
had
some
countenance
of
reason
&
probabilitie
,
bicause
many
arguments
&
the
authoritie
of
many
learned
and
notable
Ciuilians
doo
concurre
for
the
vncles
right
,
before
the
Nephewe
.
But
to
make
the
place
of
the
natiuitie
of
an
inheritour
to
a
kingdome
,
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
moste
vnsure
and
false
grounde
,
seeing
it
is
moste
true
,
that
Kinge
Richard
the
first
(
as
we
haue
said
)
declared
the
said
Arthur
(
borne
in
Britanie
,
and
not
sonne
of
a
King
,
but
his
brother
Geffreys
sonne
,
Duke
of
Britanie
)
to
be
heire
apparent
,
his
vncle
Iohn
yet
liuing
.
And
for
such
a
one
is
he
taken
in
all
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
,
than
for
an
vsurper
by
excluding
him
:
and
afterward
for
a
murtherer
,
for
imprisoning
him
,
and
priuily
making
him
away
.
These
examples
are
sufficient
,
I
suppose
,
to
satisfie
and
content
any
man
(
that
is
not
obstinatly
wedded
to
his
own
fond
fantasies
,
and
froward
frivolus
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
&
how
greuous
plagues
that
Realme
hath
bene
oft
afflicted
and
scourged
,
by
reason
of
wrongfull
&
vsurped
titles
.
I
will
not
reuiue
by
odious
rehearsal
the
greatenes
and
number
of
the
same
plagues
,
as
well
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
will
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
Historiographers
do
plainly
testifie
)
was
the
true
&
lawful
Heire
?
Could
he
,
think
you
,
enioy
his
ambitious
and
naughty
vsurping
on
whole
entier
yere
?
No
surely
:
ere
the
first
yere
of
his
vsurped
reigne
turned
about
,
he
was
spoiled
and
turned
out
of
both
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
you
thinke
al
safe
&
sound
now
from
like
danger
,
if
you
should
tread
the
said
wrong
steppes
with
Harolde
,
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
that
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
,
&
the
possibilitie
of
the
Dukedome
of
Britanie
,
and
with
the
losse
of
other
goodly
possessions
in
France
,
whereof
the
Croune
of
England
was
robbed
and
spoiled
by
the
vnlawfull
vsurping
of
him
against
his
nephew
Arthur
?
Well
,
let
vs
leaue
these
greuouse
and
lothsome
remembrances
,
&
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
,
apt
&
mete
interpretation
for
our
cause
,
as
any
reasonable
hart
may
desire
.
The
interpretation
directly
toucheth
our
case
:
I
meane
by
the
mariage
of
the
Lady
Margaret
(
eldest
daughter
to
King
Henry
the
vij
.
)
vnto
the
fourth
king
Iames
of
Scotland
:
and
by
the
opinion
of
the
same
most
prudent
Prince
in
bestowing
his
said
daughter
into
Scotland
:
a
matter
sufficient
enough
,
to
ouerthrow
all
those
cauilling
inuentions
of
the
aduersaries
.
For
what
time
King
Iames
the
fourth
sent
his
Ambassadour
to
King
Henry
the
seuenth
to
obteine
his
good
will
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
England
could
not
be
subiect
,
hauing
him selfe
no
right
by
this
mariage
to
the
Title
of
the
Croune
of
that
Realme
.
Wherevpon
I
may
well
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
my
Soueraigne
Lady
Queene
Marie
is
assured
.
So
that
now
by
this
that
we
haue
said
,
it
may
easely
be
seen
,
by
what
light
and
slender
consideration
the
aduersaries
haue
gone
about
to
strayne
the
worde
Infantes
or
children
to
the
first
degree
only
.
Of
the
like
weight
is
their
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
a
special
purpose
,
and
not
to
be
taken
as
a
declaration
of
the
common
law
.
Whiche
to
say
,
is
most
directely
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
these
mennes
interpretation
,
none
of
the
issue
of
all
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
&
examples
that
we
haue
declared
,
and
against
the
common
Lawe
(
the
whiche
must
not
be
thought
by
this
Statute
any
thing
taken
away
,
but
only
declared
)
and
against
all
good
reason
also
.
For
as
the
kings
of
England
would
haue
thought
that
Realme
greatly
iniuried
,
if
it
had
bene
defrauded
of
Spaine
or
any
of
the
foresaid
countreies
,
being
deuolued
to
the
same
by
the
foresaid
Mariages
:
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
interpretations
and
gloses
,
as
these
men
nowe
frame
,
and
make
vpon
the
statute
,
woulde
then
haue
serued
,
nor
nowe
will
serue
.
Infantes
de
Roy
,
there
is
one
most
fond
of
all
.
For
they
would
make
vs
beleue
,
(
suche
is
their
skill
,
)
that
this
statute
touching
Infantes
de
Roy
,
was
made
for
the
great
doubte
(
more
in
them
,
than
in
other
persones
)
touching
their
inheritance
to
their
Auncestours
.
For
being
then
a
Maxime
(
saie
they
)
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
,
than
others
,
&
quite
excluded
.
And
therefore
they
saie
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
,
standeth
rather
in
the
superficial
parte
of
the
woorde
,
than
in
any
effect
.
Nowe
,
among
other
thinges
they
saye
(
as
we
haue
shewed
before
)
that
this
word
Infantes
de
Roy
in
this
statute
mentioned
,
All
the
doubt
was
for
other
persones
▪
(
as
appeareth
euidently
by
the
tenour
of
the
statute
)
whether
by
the
common
law
they
being
born
out
of
the
allegeance
of
the
king
,
were
heritable
to
their
Auncestours
.
And
it
appeareth
,
that
the
aduersaries
are
driuen
to
the
hard
wall
,
when
they
are
faine
to
catch
holde
vpon
a
selie
poore
marginal
note
of
M.
Rastal
,
of
the
kinges
children
,
&
not
of
the
kings
childrens
children
.
Which
yet
nothing
at
al
serueth
their
purpose
touching
this
statute
.
But
they
,
or
the
Printer
,
or
whosoeuer
he
be
▪
as
they
drawe
out
of
the
text
many
other
notes
of
the
matter
therin
comprised
:
so
vpon
these
French
wordes
,
Les
enfants
de
Roy
,
they
note
in
the
Margent
,
The
Kinges
Children
:
but
how
farre
that
worde
reacheth
,
they
saie
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
Croune
,
as
moste
men
take
it
,
and
as
it
may
be
(
as
we
haue
said
)
very
well
taken
and
allowed
:
then
doeth
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
expresse
wordes
of
the
statute
excepted
,
neither
enforce
the
word
Infants
to
the
first
degree
onely
,
for
such
reasons
presidents
,
and
examples
,
and
other
proouffes
largely
by
vs
before
set
forth
to
the
contrarie
:
seing
that
the
right
of
the
Croune
falling
vpon
them
,
they
may
well
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
.
Nowe
concerninge
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
statute
,
is
also
of
children
borne
beyond
the
sea
out
of
the
allegeance
,
And
thus
may
you
see
,
gentle
Reader
,
that
nothing
can
be
gathered
,
either
out
of
the
saide
supposed
generall
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
my
said
soueraign
Lady
Mary
now
Queene
of
Scotland
,
of
,
and
to
the
Croune
of
the
Realme
of
England
,
as
is
aforesaid
.
We
are
therefore
now
last
of
all
to
consider
,
whether
there
be
any
statute
or
acte
of
Parlament
,
that
doth
seeme
,
either
to
take
away
,
or
preiudice
the
title
of
the
said
Queene
.
And
bycause
touching
the
foresaid
mentioned
statute
of
the
25.
yere
of
King
Edward
the
thirde
,
being
onely
a
declaration
of
the
common
lawe
,
we
haue
already
sufficiently
answered
:
we
will
passe
it
ouer
,
and
consider
vpon
the
statute
of
28
and
35.
of
King
Henrye
the
eight
,
being
the
onely
shoteanker
of
all
the
Aduersaries
,
whether
there
be
any
matter
therein
conteined
or
depending
vpon
the
same
,
that
can
by
any
meanes
destroye
or
hurt
the
title
of
the
said
Queene
of
Scotland
to
the
succession
of
the
Croune
of
England
.
The
obiections
of
the
aduersaries
touching
the
pretensed
will
of
King
Henry
the
eight
are
clearlie
auoided
.
By
vertue
of
which
said
Acte
of
Parlament
the
Aduersaries
doo
alleage
,
that
the
said
late
King
Henry
the
eight
afterward
by
his
last
Will
in
writing
signed
with
his
owne
hand
,
did
ordeine
and
appoint
,
that
if
it
happen
,
the
said
Prince
Edward
,
Ladie
Marie
,
and
Ladie
Elizabethe
to
dye
without
issue
of
their
bodies
lawfully
begotten
:
then
the
Croune
of
that
Realme
of
England
should
goe
and
remaine
vnto
the
heires
of
the
bodie
of
the
Ladie
Francis
,
his
Neece
,
and
the
eldest
daughter
of
the
French
Queene
:
And
for
the
defaulte
of
suche
issue
,
to
the
heires
of
the
body
of
the
Ladie
Eleonour
,
his
Neece
,
second
daughter
to
the
French
Queene
,
lawfully
begotten
:
And
if
it
happened
,
the
sayd
Ladie
Eleonour
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
chyldren
of
the
said
Ladie
Francis
,
and
to
their
heyres
,
according
to
the
sayd
supposed
will
of
the
said
king
Henry
the
eight
:
and
not
vnto
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
greeued
or
offended
with
his
sisters
,
the
Frenche
Queenes
children
:
but
to
put
the
matter
quite
out
of
all
ambiguitie
and
doubte
,
it
appeareth
(
they
say
)
that
there
were
eleuen
witnesses
purposely
called
by
the
King
,
who
were
present
at
the
signing
of
the
said
Will
,
and
subscribed
their
names
to
the
same
:
Yea
that
the
chief
Lordes
of
the
Counsaile
were
made
and
appointed
executours
of
the
said
Will
,
and
that
they
and
other
had
greate
Legacies
geuen
them
in
the
said
Will
,
which
were
paid
,
and
other
thinges
,
comprised
in
the
Will
,
accomplished
accordingly
.
There
passed
also
purchases
,
and
Letters
Patentes
betwene
King
Edward
,
and
the
executors
of
the
said
Will
,
and
others
,
for
the
execution
and
performance
of
the
same
.
Finally
the
said
Testament
was
recorded
in
the
Chancerie
.
Wherefore
they
affirme
,
that
there
ought
no
manner
of
doubt
moue
any
man
to
the
contrarie
,
and
that
either
we
must
graunt
this
Will
to
be
signed
with
his
hand
,
or
that
he
made
no
Will
at
all
:
bothe
must
be
graunted
,
or
both
denied
.
If
any
will
deny
it
,
in
case
he
be
one
of
the
witnesses
,
he
shall
impugne
his
own
testimonie
:
if
he
be
one
of
the
executours
,
he
shall
ouerthrow
the
foundation
of
all
his
doinges
,
in
procuring
the
said
will
to
be
inrolled
,
&
set
forth
vnder
the
great
Seale
.
And
so
by
their
dublenes
they
shall
make
them selues
no
mete
witnesses
.
Nowe
a
man
can
not
lightly
imagine
,
how
any
other
,
bysids
these
two
kind
of
witnesses
(
for
some
of
them
,
and
of
the
executors
,
were
suche
,
as
were
continually
wayting
vpon
the
kinges
person
)
may
impugne
this
will
,
and
proue
,
that
the
king
did
not
signe
the
same
.
But
if
any
such
impugne
the
will
,
it
would
be
considered
,
how
many
they
are
,
and
what
they
are
:
&
it
wil
be
very
harde
to
proue
negatiuam
facti
.
But
it
is
euidente
,
say
they
,
that
there
was
neuer
any
such
lawful
proofe
against
the
said
will
producted
.
For
if
it
had
ben
,
it
would
haue
bene
published
in
the
Starrechamber
,
preached
at
Poules
Crosse
,
declared
by
Acte
of
Parlament
,
proclamed
in
euerie
quarter
of
the
Realm
.
Yea
,
admitting
,
say
they
,
that
it
were
proued
,
that
the
said
pretensed
will
lacked
the
kinges
hande
:
yet
neuerthelesse
(
say
they
)
the
very
copies
we
haue
spoken
of
,
being
written
&
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
asserteined
,
whiche
is
sufficiently
done
in
the
said
will
:
and
seing
his
owne
hande
was
required
but
onely
for
eschewing
euil
&
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
accomplished
this
gratiouse
Acte
,
that
was
loked
for
at
his
handes
,
whether
he
signed
the
wil
with
is
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
kings
Henry
the
eightes
time
.
In
Queene
Maries
time
,
bicause
she
omitted
the
Style
appointed
by
Parlamente
,
Anno
Henrici
octaui
tricesimo
quinto
:
What
likelyhode
was
there
,
for
him
to
practise
such
deuises
,
especially
in
his
later
daies
(
when
wisdome
,
the
loue
of
God
,
and
his
Realm
should
haue
bene
moste
ripe
in
him
)
that
were
likely
to
sturre
vppe
a
greater
fier
of
greeuouse
contention
and
wofull
destruction
in
England
,
then
euer
did
the
deadly
faction
of
the
read
Rose
&
the
white
,
lately
by
the
incorporation
and
vnion
of
the
house
of
Yorke
and
Lancastre
,
in
the
person
of
his
father
through
the
mariage
of
Ladye
Elizabeth
,
eldest
daughter
of
King
Edwarde
the
fourth
,
moste
happily
extinguished
and
buried
?
And
though
it
might
be
thought
or
said
,
that
there
vould
be
no
such
cause
of
feare
,
by
reason
the
matter
passed
by
Parlament
:
yet
could
not
he
be
ignorant
,
that
neither
Parlaments
made
for
Henry
the
fourth
,
or
continuance
of
twoo
Descentes
(
which
toke
no
place
in
geuing
any
Title
touching
the
Croune
)
in
King
Henry
the
sixt
:
nor
Parlamentes
made
for
King
Richard
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
vpon
him
by
the
Parlament
,
and
disherite
without
any
apparent
cause
the
next
roial
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
Queene
of
Scotland
,
of
all
times
he
would
not
haue
done
it
then
,
when
all
his
care
was
,
by
all
possible
meanes
to
contriue
and
compasse
a
mariage
,
betwene
his
sonne
Edward
,
and
the
said
Lady
and
Queene
.
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
disherison
for
any
speciall
inclination
or
fauour
he
bare
to
the
French
Queene
,
his
sisters
children
.
For
there
haue
bene
of
his
neere
&
priuie
Counsaile
,
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
.
Howesoeuer
this
matter
goeth
,
certeine
it
is
,
that
if
this
pretensed
will
be
true
,
he
transferred
and
transposed
the
reuersion
of
the
Croune
,
not
only
from
the
Queene
of
Scotland
,
from
the
Ladie
Leneux
and
their
issue
,
but
euen
from
the
Lady
Francis
,
&
the
Ladie
Eleonour
also
,
daughters
to
the
Frenche
Queene
,
whiche
is
a
thing
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
all
other
inconueniences
,
and
absurdities
,
that
do
,
and
may
accompanie
this
rash
&
vnaduised
acte
by
this
pretensed
wil
inconsiderately
mainteined
:
it
is
principally
to
be
noted
,
But
now
to
go
somewhat
further
in
the
matter
,
or
rather
to
come
neerer
home
,
and
to
touche
the
quicke
,
we
say
:
as
there
was
some
apparent
&
good
cause
,
why
the
king
should
the
twentie
and
eight
yeare
of
his
reigne
thinke
vpon
some
limitation
&
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
Queene
Elizabeth
:
it
is
not
to
be
thought
,
that
he
would
afterward
ieoparde
so
great
a
matter
by
a
Testament
and
will
,
whiche
may
easely
be
altered
and
counterfeyted
:
and
least
of
all
make
suche
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
reasones
then
&
presumptions
may
seme
wel
able
and
sufficient
,
to
beare
doune
,
to
breake
doune
and
ouerthrow
the
weake
and
slender
presumptions
of
the
Aduersaries
,
grounded
vpon
vncertaine
and
mere
surmises
,
ghesses
and
coniectures
:
as
among
other
that
the
king
was
offended
with
the
Queene
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
suche
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
Realme
:
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
Frenche
Queenes
children
:
why
did
he
disherite
the
Ladie
Francis
,
and
the
Ladie
Eleonor
also
?
Their
other
presumption
,
which
they
ground
,
vpon
the
auoyding
of
the
vncertenty
of
the
succession
,
by
reason
of
his
will
,
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
:
as
contrarywise
it
is
subiecte
to
more
vncerteintie
,
and
to
lesse
suertie
,
than
before
.
Valerius
Maximus
crieth
out
against
M.
Crassus
,
9.
6.
4.
and
Q
Horiensius
:
Lumina
Curiae
,
ornamenta
Fori
,
quod
●celus
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
inualiditie
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
will
and
Testament
.
Ye
shall
nowe
heare
also
,
why
we
thinke
he
did
neuer
attempt
or
enterprise
any
such
thing
.
It
is
well
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
all
Chantries
and
Colleges
,
he
did
neuer
or
very
litle
practise
and
execute
this
authoritie
.
And
shall
we
thinke
,
vnlesse
full
and
sufficient
proofe
necessarily
enforce
creditte
,
that
the
King
,
to
his
no
present
commoditie
and
aduantage
,
but
yet
to
his
greate
dishonour
,
and
to
the
greate
obloquie
of
his
subiectes
and
other
Countries
,
to
the
notable
disherison
of
so
may
the
next
royall
blood
,
did
vse
any
such
authoritie
,
as
is
surmised
?
Againe
,
if
he
had
made
any
suche
assignation
:
who
doubteth
,
but
that
as
he
conditioned
in
the
said
pretensed
will
with
his
noble
daughters
,
Further
more
,
I
am
driuen
to
thinke
,
that
there
passed
no
such
limitation
by
the
said
king
Henries
will
,
by
reason
there
is
not
,
nor
was
these
many
yeares
any
original
copy
therof
,
nor
any
authentical
Record
in
the
Chancerie
,
or
els
where
to
be
shewed
in
all
England
,
as
the
Aduersaries
them selues
confesse
:
And
in
the
copies
that
be
spread
abrode
,
the
witnesses
pretended
to
be
present
at
the
signing
of
the
said
will
,
be
suche
,
for
the
meanesse
of
their
state
on
the
one
side
,
&
for
the
greatnesse
&
weight
of
the
cause
on
the
other
side
,
as
seme
not
sufficient
in
suche
a
case
.
The
importance
of
the
cause
,
being
no
lesse
than
the
disherison
of
so
many
heires
of
the
Croune
(
as
well
from
the
one
sister
,
as
from
the
other
)
required
and
craued
some
one
or
other
of
the
priuie
Caunsaile
,
or
some
one
honorable
and
notable
persone
to
haue
bene
present
at
the
said
signing
:
or
that
some
notification
should
haue
bene
made
afterward
to
suche
persones
by
the
King
him selfe
,
or
at
least
before
some
Notarie
and
authentical
person
for
the
better
strengthening
of
the
said
will
.
Here
is
now
further
to
be
considered
,
that
(
seing
the
interest
to
the
Croune
is
become
a
plaine
testamentarie
matter
and
clame
,
and
dependeth
vpon
a
last
will
)
when
,
and
before
what
Ordinarie
this
will
was
exhibited
,
allowed
and
prooued
?
Where
,
and
of
whome
toke
the
Executours
their
othe
for
the
true
performance
of
the
will
?
And
yet
if
the
matter
were
so
plaine
,
so
good
&
so
sound
,
as
these
men
beare
vs
in
hand
:
if
the
original
Testement
had
ben
such
,
as
might
haue
bidden
the
touchstone
,
the
triall
,
the
light
and
the
sight
of
the
worlde
:
why
did
not
they
,
that
enioyed
most
commoditie
therby
(
and
,
for
the
sway
and
authoritie
they
bare
,
might
and
ought
best
to
haue
done
it
)
take
conuenient
and
sure
order
,
that
the
originall
might
haue
bene
duely
and
safely
preserued
:
or
at
least
,
the
ordinary
Probate
(
which
is
in
euery
poore
mans
Testament
diligently
obserued
)
might
haue
bene
procured
or
sene
,
by
one
or
other
authentical
Instrument
therof
reserued
?
The
Aduersaries
them selues
see
wel
enough
,
yea
and
are
faine
to
confesse
these
defectes
.
Yet
do
they
know
wel
inough
,
that
this
plaister
will
not
cure
the
sore
,
and
that
this
is
but
a
poore
helpe
and
a
shift
.
For
neither
the
Letters
Patents
,
nor
the
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
the
executours
also
must
be
impleaded
,
and
geue
their
accompt
:
where
the
weakenes
or
strengh
of
the
will
must
be
tried
,
the
witnesses
examined
,
finally
the
probate
,
&
al
other
thinges
thereto
requisite
,
dispatched
.
Or
if
it
may
be
done
by
any
other
persone
:
yet
must
his
authoritie
be
shewed
.
The
probate
and
all
thinges
must
be
done
accordinglye
.
And
amonge
other
things
the
vsual
clause
of
Saluo
iure
cuiuscumque
,
must
not
be
omitted
.
Whiche
things
,
I
am
assured
,
the
recording
in
the
Chancerie
cannot
import
.
But
this
caution
and
prouiso
of
Saluo
iure
cuiuscunque
(
whiche
is
most
conformable
to
all
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
all
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
&
will
,
formably
framed
,
according
to
the
purpose
and
effect
of
the
statute
:
yet
must
the
right
of
the
imperiall
Croune
of
England
be
conueied
and
caried
away
with
the
colour
&
shadow
only
of
a
will
.
I
say
,
the
shadow
only
,
by
reason
of
an
other
coniecture
and
presumption
,
whiche
I
shall
tel
you
of
.
Whiche
is
so
liuely
and
effectual
,
that
I
verily
suppose
,
it
will
be
very
harde
for
any
man
,
by
any
good
and
probable
reason
,
to
answere
&
auoide
the
same
:
And
is
so
important
and
vehement
,
that
this
only
might
seeme
,
vtterly
to
destroie
al
the
Aduersaries
coniectural
prooffes
,
concerning
the
maintenance
of
this
supposed
will
.
We
say
therfore
and
affirme
,
that
in
case
there
had
bene
any
good
and
sure
helpe
and
handfast
,
to
take
and
hold
the
Croune
for
the
heirs
of
Lady
Francis
by
the
said
will
:
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
bene
driuen
,
to
so
harde
&
bare
a
shifte
,
as
to
colour
their
vsurpation
against
the
Late
Queene
Marie
only
,
&
her
Sister
Queene
Elizabeth
,
with
the
Letters
Patents
of
King
Edward
the
sixt
,
and
with
the
consent
of
suche
as
they
had
procured
.
But
yet
in
case
any
man
do
loke
for
any
other
and
more
persuasion
and
proofe
,
whiche
,
as
I
sayd
,
neede
not
:
ô
the
great
prouidence
of
God
,
ô
his
great
fauour
and
goodnes
to
that
Realme
,
of
the
which
it
hath
bene
said
:
Regnum
Angliae
,
est
regnum
,
Dei
,
and
that
God
hath
euer
had
a
speciall
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
verie
truth
of
the
matter
,
whiche
is
burst
out
,
though
neuer
so
craftily
supressed
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
onely
,
though
very
effectuall
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
wil
,
&
that
euen
when
the
King
him selfe
was
now
dead
,
or
dyeing
and
past
all
remembrance
.
Vpon
the
which
depositions
well
and
aduisedly
weighed
and
pondered
,
Queene
Marie
with
the
aduise
of
her
Counsaile
,
to
the
honour
of
God
,
and
that
Realme
,
to
the
maintenance
of
trueth
and
iustice
,
&
the
rightful
succession
of
the
Croune
,
for
the
eschewing
of
many
foule
mischieffes
,
that
might
vpon
that
forgerie
ensue
,
Sextus
Tarquinius
in
defiling
Lucretia
:
No
lesse
,
than
the
fact
of
the
Ephesians
,
M.
Manlius
Capitolinus
had
sought
to
oppresse
his
Countrey
with
tyrannie
.
And
to
come
nerer
home
,
no
lesse
than
in
England
their
forefathers
deserued
,
The
aduersaries
therfore
are
muche
to
be
blamed
,
going
about
to
staine
and
blotte
the
memorie
of
the
said
Queene
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
falfe
.
For
as
the
said
abolition
was
nothing
beneficiall
to
other
Magistrats
:
so
if
it
hadde
bene
a
true
and
an
vndoubted
will
,
the
said
Queene
vould
neuer
haue
caused
it
to
be
cancelled
,
as
well
for
her
honour
and
conscience
sake
,
as
for
priuate
respect
,
seeing
her
owne
royall
estate
was
by
the
same
set
foorth
&
confirmed
.
Yet
would
they
faine
blemish
and
disgrace
the
testimonie
of
the
said
Lorde
Paget
,
and
S.
Edward
Mountague
.
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
too
slender
and
weake
for
the
weight
and
importance
of
the
matter
.
It
is
againe
to
be
remembred
,
that
often
times
the
lawe
doth
as
well
weigh
the
credit
,
as
number
the
persons
of
the
witnesses
.
Aliàs
(
saith
Calistratus
)
numerus
,
aliàs
dignitas
&
authoritas
confirmat
rei
,
de
qua
agitur
,
fidem
.
According
to
this
,
saith
also
Archadius
:
Confirmabit
Iudex
motum
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
&
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
&
infamie
:
yea
disclose
their
owne
shame
to
their
owne
no
manner
of
way
hoped
commoditie
,
nor
to
the
commoditie
of
other
their
frendes
,
As
for
the
eleuen
witnesses
,
the
best
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
authenticall
recorde
appeare
,
bare
names
of
dumme
witnesses
can
in
no
wise
hinder
&
deface
so
solemne
a
testimonie
of
the
foresaid
L.
Paget
and
Sir
Edwarde
Mountague
.
Neither
is
the
difficultie
so
great
,
as
the
Aduersaries
pretend
,
Whereas
they
would
nowe
inferre
,
that
either
this
pretensed
will
was
King
Henries
will
,
or
that
he
made
none
at
all
:
I
doo
not
(
as
I
haue
said
)
entende
,
nor
neede
not
curiously
to
examine
and
discusse
this
thing
,
as
a
matter
not
apperteining
to
our
principal
purpose
.
And
well
it
may
be
,
that
he
made
a
will
conteining
the
whole
tenour
of
this
pretensed
will
(
sauing
for
the
limitation
of
the
Croune
)
and
that
these
supposed
witnesses
were
present
,
either
when
he
subscribed
the
same
with
his
own
hand
,
or
when
by
his
commaundement
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
will
touching
the
pretensed
limitation
of
the
Croune
by
the
Kinges
owne
hande
counterfeyted
and
suborned
after
his
death
falsly
and
colourably
,
bearing
the
countenance
of
his
owne
hand
,
and
of
the
pretensed
wittnesses
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
will
,
and
that
whiche
was
by
the
great
Seale
exemplified
,
and
in
the
Chancery
recorded
,
had
not
(
at
least
touching
the
clause
of
limitation
&
assignement
of
the
Croune
)
the
Kings
hand
to
it
:
we
neede
not
,
nor
wil
not
tarie
about
certain
scrolles
and
copies
of
the
said
will
,
that
the
Aduersaries
pretend
to
haue
ben
either
written
,
or
signed
with
his
hand
.
A
kingdom
is
to
heauy
to
be
so
easely
caried
away
by
suche
scrolles
and
copies
.
When
all
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
,
&
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
onely
,
without
any
hand
writing
.
Whiche
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
&
euill
dealing
,
the
whiche
the
Aduersaries
would
haue
vs
in
no
case
to
misdoubt
or
mistrust
in
this
will
.
Whereas
the
notoriousnes
of
the
fact
,
&
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
&
infringe
the
whole
Acte
.
And
whereas
the
Aduersaries
obiecte
against
this
rule
,
the
Parlamentes
made
by
Queene
Marie
,
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
writtes
being
the
Actes
of
the
Court
,
though
they
want
the
prescript
forme
set
foorth
either
by
the
common
law
,
or
statute
:
yet
are
not
they
,
nor
the
iudgements
subsequent
ther
vpon
abated
or
void
,
but
only
abatable
and
voidable
by
exception
of
the
partie
by
iudgemente
of
the
the
Court.
Vide
Prisot
.
33.
H.
6.
fol.
35.
For
if
the
partie
without
any
exception
doe
admitte
the
forme
of
the
said
Writte
,
and
pleade
vnto
the
matter
,
whervpon
the
Court
doth
procede
:
then
doth
the
Writte
,
&
the
iudgement
there
vpon
following
remanine
good
and
effectual
in
lawe
.
And
therefore
admiting
,
that
the
said
statute
of
35.
H.
8.
had
by
speciall
wordes
appointed
the
said
style
to
be
put
in
euery
Writte
,
and
that
for
that
cause
the
said
Writts
of
Somons
were
vitious
,
wanting
their
prescript
forme
:
yet
when
the
parties
vnto
the
said
Writtes
had
admitted
them
for
good
,
both
by
theyr
election
,
and
also
by
their
appearence
vpon
the
same
:
the
lawe
doth
admit
the
said
Writtes
,
&
al
actes
subsequent
vpon
the
same
,
to
be
good
and
effectuall
.
And
yet
this
maketh
no
prooffe
,
that
therfore
the
said
supposed
will
,
wanting
the
prescript
order
&
fourme
,
should
likewise
be
good
and
effectual
in
lawe
.
For
as
touching
specialties
,
estates
and
conueiances
,
or
any
other
externall
acte
to
be
done
or
made
by
any
person
,
whose
forme
and
order
is
prescribed
,
either
by
the
common
lawe
,
or
by
statute
:
So
lykewise
the
lawe
geueth
authoritie
to
the
Lord
,
to
distraine
vpon
the
land
holden
of
him
for
his
rentes
&
seruices
due
for
the
same
.
And
farther
doth
appoint
,
to
carie
or
driue
the
same
distresse
vnto
the
pound
,
there
to
remaine
as
a
gage
in
lawe
for
his
said
rentes
&
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
iniurious
&
wrongful
in
law
,
forasmuch
as
he
hath
not
done
according
to
the
prescribed
order
of
the
lawe
.
The
statute
made
An.
32.
H.
8.
geueth
authoritie
vnto
Tenant
in
taile
and
to
others
being
seised
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.
We
leaue
of
a
number
of
like
cases
,
that
we
might
multiplie
in
the
prooff
of
this
matter
wherein
we
haue
taried
the
longer
,
bycause
the
Aduersaries
make
so
great
a
countenance
therevpon
:
and
bycause
all
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
&
affirmance
of
the
common
lawe
,
&
no
newe
authoritie
geuen
to
him
,
to
do
that
he
could
not
doo
before
,
or
any
forme
prescribed
to
bind
him
vnto
.
Bisides
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
withall
do
we
conclude
,
that
by
reason
this
surmised
will
was
not
signed
with
the
Kinges
hand
:
it
can
not
any
way
hurt
or
hinder
the
iuste
right
and
clame
of
the
Queene
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
plublished
any
thing
to
the
infringing
&
ouerthrowing
of
the
Aduersaries
assertion
,
touching
the
signing
of
the
said
will
:
yet
is
not
therby
the
Queene
of
Scotlandes
title
altogether
hindred
.
For
she
yet
hath
her
iust
and
lawful
defence
for
the
oppugning
of
the
said
assertion
,
as
well
against
the
persones
and
sayings
of
the
witnesses
,
if
any
shall
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
hande
,
to
be
duely
and
consideratly
pondered
,
weyghed
and
conferred
.
She
hath
her
iust
defence
and
exeptions
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
will
standing
vpon
the
triall
of
the
Kings
hande
,
be
exhibited
:
that
it
may
be
compared
with
his
other
certaine
and
well
knowen
hand
writing
.
And
that
other
things
may
be
done
that
are
requisite
in
this
behalfe
.
But
yet
all
this
notwithstanding
,
let
vs
nowe
imagine
&
suppose
,
that
the
King
him selfe
,
whose
hart
and
hand
were
doubtlesse
farre
from
any
such
doings
:
lette
vs
yet
,
I
say
,
admitte
,
that
he
had
signed
the
said
will
with
his
owne
hande
.
Yet
for
all
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
.
Neither
do
we
at
this
time
minde
,
to
debate
&
discourse
,
what
power
and
autoritie
,
and
how
farre
the
Parlament
hath
to
doe
,
in
this
and
like
cases
.
Whiche
perchance
some
other
would
here
do
.
We
will
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
&
ample
authoritie
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
authoritie
of
assignation
must
be
taken
generally
and
absolutely
,
without
exception
,
sauing
for
the
outward
signing
of
the
wil.
Trueth
it
is
,
there
is
nothing
els
expressed
:
but
yet
was
there
some
thinges
els
principally
intended
,
and
yet
for
all
that
,
needed
not
to
be
specified
.
The
outward
manner
was
so
specially
and
precisely
appointed
and
specified
,
to
auoyde
suspitious
dealing
,
to
auoide
corruption
and
forgery
.
And
yet
was
the
will
good
and
effectual
,
without
the
Kinges
hande
.
There
must
be
therefore
in
this
matter
some
reasonable
moderation
and
interpretation
,
as
wel
touching
the
persones
comprehended
within
this
assignation
,
&
their
qualities
,
&
for
the
persons
also
hauing
right
,
&
yet
excluded
,
as
for
the
manner
of
the
doing
of
the
act
,
&
signing
the
wil.
For
the
king
as
King
,
could
not
dispose
the
Croune
by
his
will
:
&
was
in
this
behalfe
but
an
Arbiter
and
Commissioner
.
Wherefore
his
doinges
must
be
directed
and
ruled
by
the
lawe
,
&
according
to
the
good
minde
and
meaning
of
those
,
that
gaue
the
authoritie
.
And
what
their
minde
was
,
it
will
appeare
well
enough
,
euen
in
the
statute
it selfe
.
It
was
for
the
auoiding
of
all
ambiguities
,
doubtes
and
diuisions
,
touching
the
Succession
.
They
putte
their
whole
trust
vpon
the
King
,
as
one
,
whome
they
thought
most
earnestly
to
minde
the
wealth
of
the
Realme
:
as
one
that
would
,
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
&
wisdome
did
not
rule
&
measure
all
these
doinges
:
but
contrariewise
partial
affection
and
displeasure
:
if
this
arbitrement
putteth
not
away
all
contentions
and
striffes
:
if
the
mind
and
purpose
of
the
honorable
Parlament
be
not
satisfied
:
if
there
be
dishonorable
deuises
&
assignements
of
the
Croune
in
this
will
and
Testament
,
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
Will
,
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
will
then
deuised
,
who
could
thinke
,
that
either
h
m
selfe
would
,
or
any
man
durst
haue
moued
him
,
to
put
therin
so
many
thinges
contrary
to
his
honour
?
Much
lesse
durst
they
them selues
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
that
Realm
,
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
act
Ye
will
say
,
he
had
some
cause
to
doo
this
,
by
reason
she
was
a
forainer
,
and
borne
out
of
the
Realme
.
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
well
to
be
weighed
,
that
reason
,
and
equitie
,
and
Ius
Gentium
,
doth
require
&
craue
,
that
as
the
kings
of
that
Realm
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
sucession
of
the
Croune
deuolueth
to
the
woman
)
were
shutte
out
,
and
barred
from
their
said
right
due
to
them
by
the
wiues
(
as
we
haue
said
:
)
so
likewise
they
ought
to
think
of
women
of
their
royal
blood
,
that
marie
in
Scotland
,
that
they
may
wel
iudge
and
take
them selues
muche
iniuried
,
vnnaturally
and
wrongfully
dealt
withall
,
to
be
thruste
from
the
succession
of
that
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
nowe
is
,
and
the
late
King
Edward
the
sixt
with
his
longer
life
,
&
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
will
now
say
farther
,
that
supposing
the
Parlament
minded
to
exclude
her
,
and
might
rightfuly
so
doe
,
and
that
the
King
by
vertue
of
this
statute
did
exclude
her
in
his
supposed
will
:
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
Eleonour
should
happen
to
faile
(
whiche
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
Quene
of
Scotlande
,
and
her
Heires
,
may
haue
and
obteine
their
iust
Title
and
clame
.
For
by
the
said
pretensed
will
it
is
limited
,
that
for
default
of
the
lawfull
Heyres
of
the
said
Ladie
Francis
&
Elenour
,
the
Croune
shall
remaine
and
come
to
the
next
rightful
Heires
.
But
if
she
shall
be
said
to
be
a
forainer
for
the
time
,
for
the
induction
of
farther
argument
:
then
what
saye
the
Aduersaries
to
the
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
lawefull
Neece
of
the
said
king
?
Yea
to
turn
now
to
the
other
sister
of
the
King
maried
to
Charles
Brandon
Duke
of
Suffolke
,
and
her
children
,
the
Ladie
Francis
,
and
the
Ladie
Eleonour
:
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
of
the
Realme
,
I
leaue
it
to
the
further
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
suche
will
,
touching
the
limitation
of
the
said
Croune
)
here
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
writte
of
.
Wherein
I
will
not
take
vpon
me
any
asseueration
,
any
resolution
or
iudgement
.
This
onely
will
I
propound
,
as
it
were
by
the
way
of
consideration
,
duely
&
depely
to
be
wayghed
and
thought
vpon
:
that
is
,
for
as
muche
as
the
benefitte
of
this
surmised
will
tendeth
to
the
extrusion
of
the
Queene
of
Scotland
,
and
others
altogether
,
and
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
lawfull
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
the
other
side
,
if
ther
were
any
such
impediment
(
whereof
this
surmised
will
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
,
1.
6.
quae
res
pign
.
l.
obligation
.
ff.
de
pigno
.
c.
in
gener
.
de
Regum
iuris
in
6.
L.
quidam
.
ff.
de
ver.
sig.
L.
vt
grad.
§.
1.
de
uumer
.
&
hono
.
L.
permittendo
cum
notatis
.
ff.
de
iure
dotium
.
In
geuing
generall
authoritie
,
that
seemeth
not
to
be
comprised
,
that
the
partie
would
not
haue
graunted
,
being
specially
demaunded
.
Generall
wordes
must
be
referted
to
hable
persons
.
L.
2.
c.
de
Nopall
.
L.
sin
.
§.
in
computatione
.
De
iure
deliber
.
&
ibi
notat
Alciat
.
in
l.
1.
de
ver.
significat
.
as
by
the
same
lawe
are
plainely
excluded
.
In
consideration
whereof
many
notable
Rules
of
the
Ciuil
lawe
doo
concurre
.
First
,
that
who
soeuer
geueth
any
man
a
generall
authoritie
,
to
do
any
thing
,
seemeth
not
to
geue
him
authoritie
,
to
do
that
thing
,
whiche
he
would
not
haue
graunted
,
if
his
minde
therein
had
bene
seuerally
and
specially
asked
and
required
.
Againe
,
generall
wordes
either
of
the
Testatours
,
or
of
such
as
make
any
contract
,
&
especially
of
statutes
,
touching
any
persons
,
to
doe
or
enioy
any
thing
,
ought
to
be
restrained
and
referred
to
hable
,
mete
,
and
capable
persons
onely
.
It
is
furthermore
a
rule
and
a
Principle
,
that
statutes
must
be
ruled
,
measured
and
interpreted
,
according
to
the
minde
and
direction
of
the
generall
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
case
there
were
any
suche
surmised
impediment
,
as
also
on
the
other
side
likewise
,
if
there
were
no
suche
supposed
impediment
.
For
here
an
other
rule
must
be
regarded
:
which
is
,
that
in
Testaments
,
Contractes
,
and
namely
in
statutes
,
the
generalitie
of
wordes
must
be
gently
and
ciuily
moderated
,
and
measured
by
the
common
lawe
,
and
restrained
,
when
so
euer
any
man
should
by
that
generalitie
take
any
dammage
and
hurte
vndeseruedly
.
Yea
,
the
Statute
shall
rather
in
that
casse
ceasse
and
quaile
,
and
be
taken
as
void
.
As
for
example
,
it
appereth
by
the
Ciuill
lawe
,
that
if
it
be
enacted
by
statute
in
some
Cities
,
that
noman
shall
pleade
against
an
Instrument
,
no
not
the
Executour
:
yet
this
notwithstanding
,
if
the
Executour
make
a
true
and
perfect
Inuentorie
of
the
goodes
of
the
Testatour
,
if
he
deale
faithfully
and
truely
,
rather
than
he
should
wrongfully
and
without
cause
paie
the
Testatours
debt
of
his
owne
,
he
may
come
and
pleade
against
the
Instrument
.
Wherefore
the
kings
doings
seeme
either
muche
defectiue
in
the
said
Ladie
Francis
,
&
Ladie
Elenour
,
or
much
excessiue
in
their
children
.
And
so
though
he
had
signed
the
said
will
with
his
hand
:
yet
the
said
doings
seme
not
conformable
to
the
mind
and
purpose
of
the
Parlament
.
We
will
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
Lady
Francis
,
the
same
Ladie
then
,
and
so
long
after
liuing
,
the
said
King
did
not
appoint
the
Succession
of
the
Croune
,
according
to
the
order
&
meaning
of
he
honorable
Parlament
:
forasmuch
as
the
said
Acte
of
Parlament
gaue
to
him
authoritie
,
to
limite
and
appoint
the
Croune
to
such
persone
,
or
persones
in
reuersion
or
remainder
,
as
should
please
his
Highnes
.
Meaning
thereby
some
persone
certaine
,
of
whome
the
people
might
haue
certaine
knowledg
&
vnderstanding
,
after
the
death
of
king
Henrie
the
eight
.
Which
persones
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
will
not
deny
,
but
that
peraduenture
they
might
be
then
certainly
knowen
.
But
what
great
mischieffes
and
inconueniences
might
haue
ensued
,
and
yet
may
,
if
the
wil
take
place
vpon
that
peraduenture
&
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
should
happen
to
fall
to
the
said
heires
of
the
Ladie
Francis
,
the
same
Ladye
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
Eleonour
,
to
whome
the
next
remainder
was
appointed
.
Vndoubtedlye
that
were
contrarie
to
the
meanyng
of
the
sayde
supposed
will
:
forsomuch
as
the
remainder
is
therby
limited
vnto
the
heires
of
the
body
of
the
Ladie
Eleonour
onely
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
Eleonour
should
enioye
the
Croune
,
before
the
children
of
the
Lady
Francis
.
But
what
if
the
said
Lady
Eleonour
had
bene
then
also
liuing
(
which
might
haue
happened
,
forasmuch
as
both
the
said
Ladie
Francis
and
Ladie
Eleonour
,
by
common
course
of
nature
,
might
haue
liued
longer
,
then
vntil
this
day
)
who
then
should
haue
had
the
Croune
?
Truly
the
right
Heire
(
whome
this
supposed
will
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
Eleonour
lawfully
begotten
.
And
therefore
quite
contrarie
to
the
meaning
of
the
said
supposed
will
,
wherefore
I
doe
verely
thinke
,
that
it
would
hardly
sinke
into
any
reasonable
mans
head
,
that
had
any
experience
of
the
great
wisdome
and
aduised
doings
of
King
Henry
the
eight
about
other
matters
being
of
nothing
like
weight
,
that
he
would
so
slenderly
and
so
vnaduisedly
dispose
the
successione
of
the
Croune
(
wherevpon
the
whole
estate
of
that
Realme
doth
depend
)
in
suche
wise
,
that
they
,
to
whome
he
meant
to
geue
the
same
by
his
wil
,
could
not
enioye
it
by
the
lawe
.
Wherevpon
ye
may
plainely
see
,
not
onely
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
succcession
of
the
Croune
is
made
more
vncertaine
and
doubtfull
,
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
therefore
without
any
sufficient
warrant
in
law
.
But
peraduenture
some
here
will
say
,
that
although
these
daungers
&
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
.
Ye
as
verely
,
it
was
not
to
be
omitted
.
For
although
these
things
haue
not
happened
,
and
therefore
the
more
tolerable
:
yet
for
as
much
as
they
might
haue
happened
,
by
the
limitation
of
the
said
supposed
will
,
contrary
to
the
meaning
of
the
said
Actes
,
the
will
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
will
is
insufficient
in
lawe
.
And
to
aggrauate
the
matter
farther
,
ye
shall
vnderstand
of
great
inconueniences
and
imminent
daungers
,
which
as
yet
are
likely
to
ensue
,
if
that
supposed
will
should
take
place
.
It
is
not
vnknowen
,
but
that
at
the
time
of
the
making
of
the
said
will
,
the
said
Lady
Francis
had
no
issue
male
,
but
onely
three
daughters
betwene
her
,
&
Henrie
Duke
of
Suffolke
.
Afterward
in
the
time
of
the
late
soueraigne
Lady
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
.
Whiche
issue
(
if
it
were
a
sonne
,
&
be
also
yet
liuing
)
by
the
wordes
of
the
said
supposed
will
,
is
to
inherite
the
Croune
of
that
Realme
,
before
the
daughters
betwene
her
and
the
said
late
Duke
of
Suffolke
begotten
,
whiche
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
will
to
disherit
the
Queene
of
Scotland
linially
descended
of
the
blood
royal
of
that
Realme
,
and
to
appoint
the
sonne
of
Adrian
Stokes
,
then
a
meane
seruing
man
of
the
Duke
of
Suffolks
,
to
be
King
&
Gouernour
ouer
that
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
worshipfull
of
that
Realme
.
Some
peraduenture
will
say
,
that
King
Henry
the
eight
meant
by
his
will
,
to
dispose
the
Croune
vnto
the
Heires
of
the
body
of
the
said
Ladie
Francis
by
the
said
Duke
lawfully
begotten
,
&
not
vnto
the
heires
by
any
other
person
to
be
begotten
.
Which
meaning
although
it
might
very
hardly
be
gathered
vpon
the
said
supposed
will
:
yet
can
not
the
same
be
without
as
great
inconueniences
,
as
the
other
.
For
if
the
Croune
should
now
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
that
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
can
not
go
according
to
the
auncient
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
purchassor
.
And
also
if
the
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
,
&
so
might
their
issue
,
being
heirs
femals
,
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
will
disposed
that
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
that
Realme
into
partes
?
Had
this
bene
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
the
heires
of
the
body
of
the
said
Lady
Francis
by
the
said
supposed
will
.
Now
to
complete
and
finish
this
our
Treatise
touching
the
Queene
of
Scotlands
Title
to
the
succession
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
own
hand
.
Let
the
heires
of
the
Lady
Francis
come
forth
in
Gods
name
,
&
lay
forth
to
the
world
their
demaund
&
supposed
right
against
the
said
Q.
of
Scotlands
interest
.
The
Queene
on
the
other
side
,
to
fortifie
&
strenghten
her
clame
,
layeth
foorth
to
the
open
sight
of
all
the
worlde
her
iust
title
and
interest
,
signed
,
and
alwaies
a
fore
this
time
allowed
,
not
onely
as
with
the
Seales
,
but
with
the
othes
also
of
al
the
kings
,
that
euer
were
in
England
,
taken
at
the
time
of
their
Coronation
,
for
the
continuance
of
the
lawes
of
that
noble
Realme
of
England
,
signed
and
allowed
,
I
say
,
almost
of
all
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
bringe
foorth
,
to
ground
their
iust
clame
and
demaund
vpon
?
When
all
is
done
,
they
are
faine
to
runne
and
catche
hold
vpon
king
Henry
the
eightes
written
will
,
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
will
.
It
is
well
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
clame
,
being
the
will
of
such
a
Prince
,
&
of
so
late
and
fresh
memorie
made
,
neither
the
original
,
nor
yet
any
good
and
woorthy
Recorde
sufficiently
authorised
,
remaine
of
the
same
:
by
what
colour
will
they
exclude
the
saide
Queene
?
They
must
clame
either
by
proximitie
of
blood
,
or
by
Charter
.
For
the
first
,
nature
hath
excluded
them
:
Charter
thei
haue
none
to
shew
.
They
wil
perchaunce
crie
out
,
&
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
perchaunce
,
if
it
were
in
a
priuate
mans
case
.
It
were
somewhat
,
if
their
demaund
did
not
destroy
the
common
law
,
and
the
lawe
of
nature
also
.
It
were
somewhat
,
if
their
supposed
Charter
were
perished
,
or
by
any
fraudulent
meanes
intercepted
by
the
said
Queene
.
Vpon
whome
,
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
lawe
and
reason
.
And
there
is
a
great
oddes
in
the
consideration
of
the
lawe
and
reason
,
betwene
aduancing
our
gaine
(
&
gaine
wee
do
that
,
that
doth
grow
&
accrew
vnto
vs
by
more
gifte
or
legacie
,
as
doth
the
Croune
,
Yea
,
they
,
and
wee
to
,
haue
good
cause
to
think
,
that
this
thing
(
in
case
any
suche
will
were
)
is
wonderfully
wrought
by
Gods
permission
and
prouidence
.
For
it
is
almost
incredible
,
to
heare
and
beleeue
,
such
kinde
of
writtings
(
and
in
so
great
&
weightie
a
matter
,
as
this
pretensed
will
compriseth
)
to
be
so
sone
extinguished
,
and
perished
,
as
it
were
,
for
special
purpose
,
to
preserue
to
that
noble
Realm
the
true
and
sincere
succession
of
the
next
royal
blood
.
Which
if
it
should
,
by
certaine
(
I
can
not
tel
what
)
interlined
papers
&
scrolles
be
deriued
and
transferred
to
any
other
wrongfull
heires
:
it
woulde
be
a
wonderfull
and
strange
thing
to
the
worlde
to
heare
,
and
too
importable
to
that
nation
of
England
and
their
posteritie
,
to
beare
it
.
It
will
then
be
so
farre
of
,
that
that
thing
whiche
the
Parlament
most
regarded
in
this
Commission
,
shal
by
this
pretensed
will
be
procured
and
purchased
to
that
Realm
,
as
to
haue
a
certaine
knowen
vndoubted
lawfull
Gouernour
and
King
:
to
haue
striffe
,
contention
&
diuisions
for
the
Croune
cut
awaye
:
that
euen
the
very
thing
that
the
Parlament
most
feared
,
is
most
vnfortunately
&
most
lamentably
like
soonest
to
chaunce
.
He
that
remembreth
the
tragical
procedings
of
the
last
(
by
name
,
and
not
by
right
)
King
Richard
:
needeth
not
greatly
to
doubt
:
but
that
as
he
could
finde
in
his
hart
,
to
bastard
his
eldest
brother
and
lawfull
king
,
and
to
defame
his
own
natural
mother
as
an
harlot
:
euen
so
now
there
will
some
be
found
,
that
wil
easely
be
enduced
,
for
aduancing
&
setting
forth
of
their
supposed
right
and
Title
to
the
Croune
,
to
seeke
meanes
,
to
wring
them
out
that
shal
iustly
sit
in
the
royal
Throne
,
&
to
seeke
to
extort
the
Croune
from
their
possession
.
Which
vnhappy
day
,
if
it
should
once
chaunce
(
as
God
forbid
)
then
may
the
English
nation
cri
out
,
and
sing
a
woful
&
doleful
song
:
then
may
the
(
not
without
cause
)
loke
for
the
botomelesse
Ocean
sea
of
infinite
troubles
,
miseries
and
mischieffes
to
ouerwhelme
that
Realme
.
The
whiche
my
mind
and
harte
abhorreth
to
thinke
vpon
,
and
my
penne
in
my
hand
trembleth
to
write
thereof
.