England under the Tudors

by Arthur D. Innes

Under Henry VIII., there was no claim which could stand against the king's own. But in the course of his reign, he found it convenient to put out of the way Buckingham, who was not only (like the Tudors) of Beaufort blood but also traced descent from Thomas, sixth son of Edward III.; and twenty-five years later his grandson Surrey: also the heads of the De la Poles, the Poles, and the Courtenays.

EDWARD VI

Edward succeeded his father as a matter of course, being his one indubitably legitimate son. But who was to follow Edward? Henry had two daughters, born ostensibly in wedlock. But the marriages of both mothers had been pronounced void by the courts. Prima facie therefore, the succession went first to the offspring of Henry's eldest sister Margaret; but these might be ruled out as aliens. Next it would go to the offspring of his younger sister Mary, the Brandons, of whom the senior was Frances Grey; who however gave place (as Margaret of Richmond had done for Henry VII.) to her daughter Lady Jane. It will thus be seen that Lady Jane had technically a respectable title. It left out of count however that the Lennox Stewarts, the offspring of Margaret Tudor by her second marriage, were English as well as Scottish subjects and therefore not barred as aliens.

But, in spite of the ruling of the Courts, no one who believed in the Papal authority could admit that Mary Tudor was illegitimate. Again both she and Elizabeth were the children of unions entered on in bona fides, and only invalidated subsequently on technical grounds: grounds, in the one case, inadequate in the eyes of the Roman Church, and in the other never made public. Hence; although it is perfectly clear that if Katharine was Henry's lawful spouse, the marriage with Anne was bigamous and its offspring illegitimate, whereas, if Anne was Henry's lawful spouse then the marriage with Katharine was void from the beginning and its offspring illegitimate—that is, while both Mary and Elizabeth might be illegitimate, it was quite impossible that both should be legitimate—yet the advantages of setting the whole problem on one side by acknowledging the right of each to the succession, in order, were obvious. And this was done by the Will of Henry VIII. to which Parliament by anticipation gave the validity of a statute.

Mary then succeeded Edward, and Elizabeth succeeded Mary, in virtue of their recognition under Henry's will.

ELIZABETH

On Elizabeth's accession then; the validity of Henry's Will being admitted, no other title could stand against that instrument, and the Brandon branch would succeed in priority to the Stewarts. But evidently it could be argued that no instrument whatever could confer priority on an illegitimate heir over a legitimate one; or on a junior over a senior branch; and since no secular authority had power to annul the marriage between Henry and Katharine, nothing after Mary Tudor's death could set aside the title of Mary Stewart. Mary might accede to an arrangement as a matter of policy, but she could not abrogate her right, or admit that she was barred as an alien. On the other hand, the Greys might be pushed forward under the Will as heirs, in opposition to Mary; but they could not be seriously upheld as rivals to Elizabeth herself; and the same applied to the living representatives of the Poles, the Earl of Huntingdon and Arthur Pole. There were now no De la Poles, nor Courtenays.

With Mary Stewart as the only possible figure-head for a revolt, Elizabeth had no disposition to strengthen her position by acknowledging her as heir presumptive, since that would be an immediate incentive to her own assassination by Mary's adherents, who would be anxious to secure their candidate against the possible appearance of an heir apparent. It was safer to leave the question of her successor an open one, so that any overt act in favour of any particular candidate would be tolerably certain to recoil on that candidate's head. Therefore Elizabeth would acknowledge neither Mary nor another, though it can hardly be doubted that she did herself look upon the royal Stewarts as the rightful claimants, throughout her reign.

But when the Queen of Scots was dead, the Catholics were at once in want of a Catholic candidate. James of Scotland was a Protestant: so was Arabella, representing the Lennox Stewarts; so were Katharine Grey and her husband Lord Hertford (the son of the old Protector Somerset); so was their son. Lord Beauchamp; Huntingdon, the Pole representative, was a Protestant too. The Countess of Derby, like Katharine Grey, was a grandchild of Mary Brandon; but the Stanleys, though Catholics, rejected all overtures. As Elizabeth's end approached, various schemes were no doubt propounded for marrying Arabella to a Catholic, even to Beauchamp on the understanding that both were in due time to declare themselves Catholics. But the immediate result of Mary Stewart's death was that Philip of Spain entered the field as the Catholic candidate, as tracing descent from John of Gaunt through both his father and his mother. Later, his daughter Isabella was put forward.

From the legitimist point of view however the title of James of Scotland was indisputable. The stroke of deliberate policy by which Henry VII. had mated his eldest daughter to the Scots King James IV. bore its fruit when, precisely a hundred years later, the crowns of England and Scotland were united by the accession of Margaret's great-grandson to the southern throne.