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A motion in parliament, 13 Elizab. about the succession to the crown; according to K. Henry VIII. his will.

SO great a matter as we have in hand, which concerneth Cott. Lib. the whole realm universally, and every one of us particularly, Julius, F.6. I think I should not need any long proheme to purchase your favours, to be content to hear, or to move you to be attentive to mark, what shal be said. For as we, a few, be chosen of an infinite multitude, to treat and do those things that shal be for the benefit of the commonwealth, and be put in trust for all the body of the realm, so I trust hath nature graffed in us a desire to seek those things that may do us good, and avoid that may do us hurt.

Wherefore not minding to use mo words than needs, nor fewer than methinketh the greatnes of the cause requireth, I wil directly procede unto the matter. The horrible murthers and bloody battels, that were of long time between the factions of the red rose and the white, the houses of York and Lancaster, for the crown of this realm, by the happy marriage of king Henry VII. and Q. Eliza beth, were ended. Whereby great quietnes and peace (thanks be unto God) hath followed in this realm. God grant it may so continue. This K. Henry VII. and Q. Elizabeth have issue K. Henry VIII. the lady Margaret and the lady Mary. K. Henry VIII. had issue king Edward, Q. Mary, and Q. Elizabeth, the queen's majesty that now is. The lady Margaret was first maried to James, the king of Scots; who had issue James, king of Scots, father unto Mary, now queen of Scots. After his decease she maried the earl of Angus; and had issue by him, the lady Margaret, now countess of Lenox. The lady Mary, the other daughter of K. Henry VII. was first maried to Lewis the French king, and had no issue by him. After that she was maried to Charles duke of Suffolk, first secretly in France, and after openly in England. The duke and shee had issue the lady Frances and the lady Eleoner. The lady Frances being eldest was maried to the marques of Dorset.

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BOOK By whom she had issue the lady Katharine and the lady Mary. The lady Eleanor was maried to the earl of Cumberland, and had issue the lady Margaret, now wife to the lord Strange.

By the statutes of the 28th and 35th of K. Henry VIII. the crown was entayled, as yee know, for lack of issue of K. Edward, to Q. Mary, and after to the queen's majesty that now is. And for lack of heirs of their bodies, to such person or persons, in remainder or reversion, as should please K. Henry VIII. and according to such estate, and after to such maner, form, and fashion, order or condition, as should be expressed and limited in his letters patents, or by his last will in writing, signed with his most gracious hand. For the more sure establishing of which succession, we the subjects of this realm (besides our promises by that act declared) were al sworn by oath, that we should be obedient to such as K. Henry, according to his said statute, should appoint to succede to the crown, and not to any other within this realm; nor to any foreign authority, power, or potentate. Which words I beseech you to imprint wel in your minds. Whereupon some say, K. Henry made his will accordingly, and put the heirs of the lady Frances first; and next of the lady Eleanor, in the remainder. Others say, that he made a will, but not to the statute; for it was not signed with his hand; and some say, that he made no will at all.

The question groweth, whether the heirs of the Scottish queen, or the heirs of the lady Frances and the lady Eleanor be next inheritors to the crown; if it should please God to take from us the queen's majesty, without heirs of her body. Or whether none of them is inheritable; whereunto I wil declare my mind and judgment. For the legacies and bequests that Henry the king made to divers, both of lands and mony, declare manifestly that he made a will: for al were performed and satisfyed. As I am informed also, after his decease divers indentures tripartite were made between 10 K. Edward, the executors of K. Henries will, and others. And divers letters patents passed under the great seal of England, in consideration of the accomplishment and per

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formance of K. Henries will. Thirdly, There was a will in BOOK name of K. Henry enrolled in the chancery, and divers constats thereof made under the great seal.

In the which will the reversion of the crown was in the heirs of the lady Frances first; and after of the lady Eleanor. Finally, in the same will there was a clause, that al other wills made at any other time, should be void, and of none effect. Which needed not, if there had not been other wills made at any other time; and those signed with his hand. Al which be evident arguments, that K. Henry dyed not intestate; but that he made a will: and that it was the same will that was enrolled in the chancery. For it is not to be thought that such enrollment was in vain. If this will was made according to the statute, then it is without al doubt, that as we be bound, and have taken them for kings and queens that be expressed in the statute by name, so we be bound to accept them that be declared by the will in remainder or reversion; that is, the heirs of the lady Frances and the lady Eleanor. For they be expressed in the will, and ought to have it by like authority and title, as others expressed in the same statute. Because it was in like manner don with the consent of the whole realm, and confirmed with our oaths: which not being contrary to God's law and the law of nature, and being in our power to observe and keep, we ought not in any wise to alter or break. For you know the judgments of the Lord are certain, that he wil not hold him guiltless that taketh his name in vain. And so the act and wil is a bar and conclusion [exclusion] to al others, be they neerer of bloud, if any be.

But some say, it is no will made according to the statute. Why so? Because it is not signed with the king's hand, say they. I pray you consider wel the matter. If it should now be doubted, whether it was his hand; and that none should be interpreted his hand, but that was written with his own fingers, yee should adnull some of his parlaments, made by king Henry VIII. For the statute made in the 33d of K. Henry VIII. cap. 21. saith, that the king's royal assent by his letters patent under the great seal, and sign

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BOOK ed with his hand, and declared in the higher house to the lords and commons, is of such force as if he were present. According to which act, divers assents of parlament were made; and in some of them [some] were attainted of treason, and suffered. Now if we should doubt whether it were his hand or not, we might perchance bring such things in doubt as we would not gladly should come in doubt. For we should put whole parlaments in doubt.

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But it may be, sith by these statutes that power was given to K. Henry, that he might make his will of the crown, (which otherwise by law he could not do,) reason it is that he followed the form that the law prescribeth. If he have not done it, then it is void in law: for because forma dat esse rei. To this I answer: that albeit it were not signed by his hand, yet it is not a sufficient cause that we should reject it. For if the form be so necessary to be observed, why, I beseech you, do you allow Q. Maries parlaments, that were called by writs without the addition of the title and style of supreme head in earth of the church of England, &c. when there was a special statute, and of the greatest importance therefore before made, of purpose to declare, that the bishop of Rome had none authority in this realm; and chiefly upon this case: for that K. Henry, seeing his daughter Maries stubbornness and malice to his doings, and her fond devotion to the pope, meant, that if she should at any time come to that place, she should not, if she would, undoe that he had done. If yee wil say, that these words of supremacy mean [need] not, albeit there were such a statute, much less say I these words, with his hand, need in this case. For if yee mark wel the consideration, why this authority was given to K. Henry VIII. for the establishing of his succession, yee shal find, that it was to none other end than the statute of the 28th of Henry VIII. declareth: that is, because after his life, this realm should not be destitute of a lawful governour; which yee see in this part by this will is fully performed.

For by this will he hath put no remainder out. First, The heirs of the lady Frances, and then of the lady Eleonor:

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who being next of the bloud and kin, and such as he loved, BOOK and had no cause to hate, nature did move, and reason did teach him to prefer above all others. The heirs of the Scotch queen, you know, he did cease to love. For king James, when he had promised to meet him at York, mocked him; and after made war against him. And when the lords of Scotland, after king James's death, had promised him the marriage of this queen, they deceived him. And her marying with the earl of Angus was not only without his consent, but also unorderly and unlawfully don, as it is said.

And for these words in the statute, The wil to bee signed with his hand, they are not of necessity, to the end that it was meant for the succession. For he might have appointed a successor certain, without his hand-writing. But for a more surety, that there might not be any counterfeited will in his name; which cannot be presumed of this will, when those be named in remainder, that of nature and right ought to be preferred thereunto. Shal we then with cavilling of words go about to subvert the statute, when by true meaning of the statute, without injury to any, we may maintain and preserve our country in quietness and safety? Surely, in my judgment, there is no reason, equity, nor conscience, that can lead us so to do.

But say they, it is not his wil, signed with his hand, as his statute requireth. How prove they that, sith it must be disproved by a sufficient number of witnesses? such as I take the law civil and common doth allow. For by what law it was made, by that law it must be disproved; or by comparing of the hand and sign wherewith the prothocal is signed with other writings that were signed with his hand. But such conferring cannot be, because the original cannot be found. And to say the very truth, after the will was once proved and allowed, (which I take to be sufficiently don, where it is enrolled in the chancery, and published under the great seal of England by king Edward VI. being supreme head in earth of the church of England, and so sufficient,) ordinary [original] and prothocal needed not, for the record was of more strength.