good reason and lawe to stande at defence and onely to auoide as easely we may their obiections which principally and chiefly are grounded vpon the common lawes and Statutes of this Realme yet for the bettering and strengthening of the same we shal lay forth sundrie great and inuincible reasons coÌ„ioyned with good and sufficient authoritie of the law so approued and confirmed that the Aduersaries shal neuer be able iustly to impugne them And so that we trust after the reading of this Treatise and the effectes of the same wel digested no maner of scruple ought to remaine in any indifferent mans hart concerning her right and Title Whose expectation and conscience allthough we truste fully in this Discourse to satisfie and doubt nothing in the worlde of the righteousnes of our cause yet must we nedes confesse the manner and forme to entreate therof to be ful of difficultie and perplexity For such causes of Princes as they be seldome and rare so is it more rare and strange to finde them discoursed discussed and determined by any lawe or statute albe it nowe and then some statutes tende that waye Neither do our lawes nor the Corps of the Romaine and Ciuil law lightly meddle with the princelie gouernement but with priuate mens causes And yet this notwithstanding for the better iustification of our cause albe it I denie not but that by the coÌ„mon law it muste be knoweÌ„ who ought to haue the Croune and that the common lawe muste discerne the right aswel of the Croune as of subiectes yet I saye that there is a greate difference betwene the Kings right and the right of others And that the Title of the Croune of this Realme is not subiect to the rules and principles of the common lawe of this Realme as to be ruled and tryed after such order and course as the inheritance of priuate persons is by the same For the prous whereof let vs consider what the common lawe of this Realme is and how the rules thereof be grounded and do take place It is very manifeste and plaine that the common lawe of this Realme of England is no law writteÌ„ but grounded only vpon a common and generall custome throughout the whole realme as appeareth by the Treatise of the auncient and famous Writer of the lawes of the realme named Ranulphus de Glanuilla who wrote in the time of the noble King Henrie the second of the law and Custome of the realme of England being then and also in the time of the raigne of King Richarde the firste the chiefe Counsailour and Iustice of the same King and also by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncellour of England De laudibus Legum Angltae And by 33. H. 6.51 and by E. 4.19 Whiche Custome by vsage and continuall practise heretofore had in the Kinges Courts within this Realme is only knowen and mainteined wherein we seeme much agreable to the olde Lacedemonians who many hundred yeres past most politikely and famously gouerned their common Wealth with lawe vnwritten whereas among the Athenians the writen lawes bare al the sway This thing being so true that with any reason or good authoritie it can not be denied then we are farther to consider whether the Kinges Title to the Croune can be examined tried and ordered by this common Custome or no. Yf ye say it may then must ye proue by some recorde that it hath bene so vsed otherwise ye only say it and nothing at all proue it For nothing can be said by lawe to be subiecte to any custome vnlesse the same hath ben vsed accordingly and by force of the same custom I am wel assured that you are not able to proue the vsage and practise thereof by any record in any of the Kings courts Yea I wil farther say vnto you and also proue it that there is no one rule general or special of the common lawe of this Realme which ye â—â—ther haue shewed or can shewe that 〈◊〉 bene taken by any iuste construction to 〈◊〉 tende vnto or bind the King or his Crouâ—â—â— I wil not denie but that to declare and see forth the prerogatiue and IurisdictioÌ„ of the King ye may shewe many rules of the lawe but to binde him as I haue sayde ye can shewe none Ye say in your booke that it is a Maxime in our lawe most manifest that who so euer is borne out of England and of father and mother not being of the obedience of the King of England can not be capable to inherite any thing in England Whiche rule being general without any wordes of exception ye also say must nedes extende vnto the Croune What you meane by your law I knowe not But if you meane as I thinke you do the common lawe of England I answere there is no such Maxime in the common lawe of this Realme of Englande as hereafter I shal manifestly proue But if it were for argumentes sake admitted for this time that it be a Maxime or general rule of the coÌ„mon law of England yet to say that it is so general as that no exception can be taken against the same rule ye shewe your selfe either ignorant or els very carelesse of your creditte For it doth plainely appeare by the Statute of 25. E. 3. being a declaration of that rule of the Lawe whiche I suppose ye meane terming it a Maxime that that rule extendeth not vnto the Kinges children Whereby it moste euidently appeareth that it extendeth not generally to al. And if it extende not to binde the Kinges children in respect of any inheritance descended vnto them from any of their Auncestours it is an Argument à fortiori that it doth not extende to binde the King or his Croune And for a ful and short answere to your Authorities sette foorth in your marginall Notes as 5. Ed ward 3. tit Ayle 13. Ed war. 3. tit Bref 31. Edw. 3. tit Coson 42. Ed war. 3. fol. 2. 22. Henric. 6. fol. 42.11 Henric. 4. fol. 23. 24. Litleton ca. vilenage it may plainly appeare vnto all that will reade and pervse those Bookes that there is none of them al that doth so much as with a peece of a word or by any colour or shadow seeme to intende that the Title of the Croune is bounde by that your supposed general rule or Maxime For euerie one of the said Cases argued and noted in the said Booke are onely concerning the dishabilitie of an Alien borne and not Denizon to demaunde any landes by the lawes of the Realme by suite and action onely as a subiect vnder the King and nothing touching any dishabilitie to be laied to the King himselfe or to his subiectes Is there any controuersie about the Title of the Croune by reason of any such dishabilitie touched in any of these Bookes No verely not one worlde I dare boldely say As it may most manifestly appeare to them that wil reade and pervse
pretēsed Maxime is whosoeuer is born out of the realm of Englād and of father and mother not being vnder the obediēce of the King of England cannot be capable to inherite any thing in England Which rule is nothing true but altogether false For euery stranger and Alien is hable to purchace the inheritance of landes within this Realme as it may appeare in 7. 9. of king Edward the fourth and also in 11. 14. of king Hērie the fourth And although the same purchace is of some men accounted to be to the vse of the King yet vntil such time as the king be intitled therevnto by matter of Record the inheritance remaineth in the Alien by the opinion of al men And so is a very Alien capable of inheritance within this Realme And then it must nedes fal out very plainly that your general Maxime where vpon you haue talked and bragged so muche is now become no rule of the common law of this Realme And if it be so then haue you vttered very many wordes to smal purpose But yet let vs see fartther whether there be any rule or Maxime in the cōmon Law that may seeme any thing like to that rule wherevppon any matter may be gathered against the Title of the said Marie Queene of Scotland There is one rule of the cōmon Lawe in wordes somewhat like vnto that whiche hath ben alleaged by the Aduersaries Which rule is set forth and declared by a statute made anno 25. of King Edward the third Which statute reciting the doubt that then was whether infants borne out of the allegeance of England should be hable to demaund any heritage within the same allegeance or no it was by the same statute ordeined that al infantes inheritours which after that time should be borne out of the allegeance of the King whose father and mother at the time of their birth were of the feaith and allegeāce of the King of England should haue and enioy the same benefittes and aduantages to haue and carie heritage within the said allegeance as other heires should Whervpon it is to be gathered by dew and iust construction of the statute and hath bene heretofore cōmonly taken that the cōmon law alwaies was and yet is that no person borne out of the allegeāce of the King of England whose father and mother were not of the same allegeāce should be able to haue or demaund any heritage within the same allegeance as heire to any person Which rule I take to be the same supposed Maxime which the Aduersaries do meane But to stretch it generally to al inheritances as the Aduersaries woulde seeme to do by any reasonable meanes can not be For as I haue said before euery strāger and Alien borne may haue and take inheritance as a purchaser And if an Alien do marie a woman inheritable the inheritance therby is both in the Alien and also in his wife and the Alien thereby a purchaser Noman doubteth but that a Denizon may purchase landes to his owne vse but to inherit landes as heire to any person within the allegeāce of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also Denyzōs and doth only extend to Descētes of inheritance and not to the hauing of any landes by purchase Now wil we then consider whether this rule by any reasonable construction can extende vnto the Lady Marie the Queene of Scotland for and cōcerning her Title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland which realm is out of the allegeāce of England her father and mother not being of the same allegeance And therfore by the said rule she is not inheritable to the Croune of this Realm Although I might at the beginning very wel and orderly deny the consequent of your argumēt yet for this time we wil first examine the Antecedent whether it be true or no and then consider vpon the consequent That the Queene of Scotland was borne in Scotlād it must nedes be graūted but that Scotland is out of the allegeāce of Englād though the said Quene and al her subiects of Scotland wil stourly affirme the same yet ther is a great nūber of men in Eng and both lerned and others that be not of that opiniō being lead and persuaded therto by diuers histories Registers Recordes and Instruments of Homage remaining in the treasurie of this Realm wherin is metioned that the Kings of Scotland haue acknowledged the King of Englād to be the superiour Lord ouer the Realme of Scotland and haue done homage and fealtie for the same Which thing being true notwithstanding it be cōmonly denied by al Scotsmen then by the lawes of this realme Scotlād must nedes be accōpted to be within the allegeance of Englād And although sins the time of King 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 our lawe to say that therefore the Realme of Scotland at the time of the birth of the said Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of our late Souereigne Lorde King Henrie the eight was out of the allegeance of the kinges of England For the law of this Realm is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie For the lande still remaineth within his Fee and Seignorie that notwithstanding But peraduenture some wil obiecte and say that by that reason France should likewise be said to be within the allegeance of England forasmuch as the possession of the Croune of France hath bene within a litle more then the space of one hundred yeares now last past laufully vested in the kinges of Englād whose right and title stil remaineth To that obiectiō it may be answered that there is a great difference betwene the right and title which the Kings of Englād claime to the Realme of Fraunce and the right and title which they claime to the Realme of Scotlande Although it be true that the Kinges of Englande haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the saide Realme of France the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiection which they did owe vnto the Kings of Englande and haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the Realme of Scotlande it is otherwise For
and remaining beyond the sea in the custody of the said Constance yet of this fact being against al Iustice aswel the said Archbishop as also many of th' other did after most earnestly repent considering the cruel and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himself Which most foul aÌ„d shamful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had beÌ„ barred to inherit the Croune of England And much lesse to haue imprisoned that most innocent Ladie Elenor sister to the said Arthur in Bristow Castle wher she miserably ended her life if that gay Maxime would haue serued to haue excluded these two childreÌ„ bicause thei wer straÌ„gers borne in the partes beyond the seas Yea it appeareth in other doings also of the said time and by the storie of the said Iohn that the birth out of the legeaÌ„ce of England by father aÌ„d mother foram was not takeÌ„ for a sufficieÌ„t repulse and reiectioÌ„ to the right and title of the Croune For the BaroÌ„s of EnglaÌ„d being then at dissension with the said King Iohn and renouÌ„cing their allegeance to him receaued Lewis the eldest sonne of Philip the FreÌ„ch king to be their King in the right of Blanch his wife whiche was a stranger borne albe it the lawful Neece of the said Richard and daughter to Alphonse king of Caâ—til begotten on the bodie of Elenour his wife one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn Which storie I alleage only to this purpose thereby to gather the opinion of the time that foraine birth was then thought no barre in the Title of the Croune For otherwise how could Lewis of FraÌ„ce preteÌ„d title to the Croune in the right of the said Bblach his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatioÌ„s or otherwise worse depraued for a good sure and substantial interpretation of the coÌ„mon law And it were not altogether from the purpose here to consider and weigh with what and how greuous plagues this Realme hath bene oft afflicted and scourged by reason of wrongful and vsurped titles I wil not reuiue by odious rehearsal the greatenes and number of the same plagues as wel otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remeÌ„brance extinct and buried I wil now put the gentle Reader in remembrance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncieÌ„t 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 monumeÌ„ts of our Historiographers do plainly testifie was the true and lawful Heire Could he thinke you enioy his ambitious and naughty vsurping one whole entier yere No surely ere the first yeare of his vsurped reigne turned about he was spoiled and turned out both of Croune and his life withal Yea his vsurpation occasioned the conquest of the whole realme by WilliaÌ„ Duke of NormaÌ„die bastard sonne to Robert the sixt Duke of the same And may we thinke al safe and sound now from like danger if we should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice What shal I now speake of the cruel ciuil warres betwene King Stephen and King Henry the second whiche warres rose by reason of the said Henry was vniustly kept froÌ„ the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lament with the lamentable losse of Normandie Aquitaine and the possibilitie of the Dukedome of Britanie and with the losse of our other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur Wel let vs leaue these greuouse and lothsome remembrances and let vs yet seeke if we may finde any later interpretation either of the said statute or rather of the coÌ„mon law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exaÌ„ples would not serue prouided a later but so good so sure so apt and mete interpretatioÌ„ for our cause as any reasonable hart may desire The interpretatioÌ„ directly toucheth our case which I meane by the mariage of the Lady Margaret eldest daughter to King HeÌ„ry the vij vnto Iames the fourth KiÌ„g of ScotlaÌ„d and by the opinioÌ„ of the said most prudeÌ„t Prince in bestowing his said daughter into ScotlaÌ„d a ma ter sufficient inough to ouerthrow al those cauilling inueÌ„tioÌ„s of the aduersarie For what time King Iames the fourth sent his ambassadour to king HeÌ„ry the seueÌ„th to obteine his good wil to espouse the said Lady Margaret there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not wel like vpon the said Mariage saying it might so fal out that the right and Title of the Croune might be deuolued to the Lady Margaret and her childreÌ„ and the Realm therby might be subiect to ScotlaÌ„d To the whiche the prudent and wise King answered that in case any such deuolution should happen it would be nothing preiudicial to England For England as the chief and principal and worthiest part of the I le should drawe Scotland to it as it did Normandie from the time of the Conqueste Which answere was wonderfully wel liked of al the Counsaile And so consequâ—tly the mariage toke effect as appereth by Polydor the Historiographer of this Realm and such a one as wrote the Actes of the time by the instruction of the King him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband we could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of this Realme Wherevpon I may wel inferre that the said newe Maxime of these men whereby they would rule and ouer rule the succession of Princes was not knowen to the said wise King neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of Quene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first degree
only Of the like weight is his other coÌ„sideration imaginiÌ„g and surmising this statute to be made bicause the King had so many occasioÌ„s to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takeÌ„ as a declaratioÌ„ of the coÌ„mon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother EdmuÌ„d Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine ViolaÌ„t daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid couÌ„treies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womeÌ„ might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this maÌ„ swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters whereâ—oeuer they be borne Al the doubt was for other persons as appeareth euideÌ„tly by the tenour of the statute whether by the coÌ„mon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driueÌ„ to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childreÌ„ and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin coÌ„prised so vpoÌ„ these FreÌ„ch wordes Les enfants de Roy he noteth in the MargeÌ„t The Kings childreÌ„ but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takeÌ„ 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 inheritaÌ„ce and not for the Cround as most men take it and as it may be as we haue said very wel takeÌ„ and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childreÌ„ the Croune also is meant yet neither may we enforce the rule of foraine borne vpoÌ„ the kings children which are by theâ—presse wordes of the statute excepted neither enforce the word Inâ—â—â—s to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the coÌ„trarie seing that the right of the Croune falling vpoÌ„ them they may wel be called the kings ChildreÌ„ or at the lest the childreÌ„ of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expouÌ„ded of the same the said Queene is out of the reach and coÌ„passe of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England
of God almighty onely But yet for arguments sake I would faine knowe where you finde your differēce and what authoritie you can shew for the prouf thereof Ye haue made no marginal note of any authoritie and therefore vnlesse ye also saye that ye are Pythagoras I will not beleue your difference Wel I am assured that I can shew you good authoritie to the contrarie and that there is no difference in your cases Pervse I praie you 22. H. 6. And there may you see the opinion of Iustice Newton that there is no difference in your cases but that in both your cases the lande shall eschete vnto the Lorde And Prisote being then of Coūsayle with the party that claimed the lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in law vpon the title This authoritie is against your difference and this authoritie I am wel assured is better then any that you haue shewed to proue your difference But if we shal admitte your difference to be according to the law yet your cases wherevnto you applie your difference are nothing like as I haue said before But to procede on in the proufe of our purpose as it doth appeare that neither the King nor his Croune is bound by these general rules which before I haue shewed so do I likewise say of al the residue of the general rules and Maximes of the lawe being in a manner infinite But to retourne againe vnto your onely supposed Maxime whiche you make so general concerning the dishabilitie of persons borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of this Realme of Englande as it may appeare by King Stephen and by King Henry the seconde who were both straungers and Frenchemen and borne out of the Kinges allegeance and neither were they Kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull Kinges of England nor their title was by any man at any time defaced or comptrolled for any such consideration or exception of foraine birth And it is a worlde to see how you would shifte your handes from the said King Henry Ye say he came not to the Croune by order of the lawe but by capitulation for asmuch as his mother by whome he conueied his Title was then liuing Well admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abilitie And although I did also admit that he had not the Croune by order of the law during his mothers life yet after his mothers death no man hath hitherto doubted but that he was King by lawful succession and not against the lawes and Customes of this Realme For so might you put a doubt in al the Kinges of this Realme that euer gouerned sithens and driue vs to seake heires in Scotland or els where Whiche thing we suppose you are ouer wise to goe about Bysides this I haue hard some of the aduersaries for farther helpe of their intention in this matter saye that King Henry the second was à Queenes childe and so King by the rule of the commō law Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by King Stephen And therefore King Henry the second can not iustly be saied to be a Queene of Englandes childe nor yet any Kinges childe vnlesse ye would intend the Kinges children by the wordes of Infantes de Roy c. to be children of farther degree and descended from the right line of the King so ye might say truely that he was the child of King Henry the first being in deede the sonne and heire of Maude the Emperesse daughter and heire of Kinge Henrie the first Whereby your saide rule is here fowly foiled And therefore ye would faine for the maintenance of your pretensed Maxime catche some holde vppon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde Ye say then like a good and ioly Antyquarie that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected frō the Croune for that cause it is very false Neither haue you any autoritie to proue your vaine opinion in this pointe For it is to be proued by the Cronicles of this Realme that King Richarde the first vncle vnto the sayd Arthur taking his iourney towarde Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune whiche would not haue ben if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although King Iohn did vsurpe aswel vpon the saide King Richard the firste his eldest brother as also vpon the sayd Arthur thur his nephewe yet that is no prouf that he was reiected bycause he was borne out of the Realme Yf ye could proue that then had you shewed some reason and president to proue your intent whereas hytherto you haue shewed none at al nor I am wel assured shal neuer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by th' Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of Englād These reasons and authorities may for this time suffice to proue that the Croune of this Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same Whiche thing being true al the obiectiōs of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of this Realme are fully answered and thereby clearly wiped away Yet for farther arguments sake and to the ende we might haue al matters sifted to the vttermost and therby al things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of this Realme were to be examined and tried by the rules and principles of the cōmon law and then let vs consider and examin farther whether ther be any rule of the cōmon law or els any statute that by good and iust construction can seeme to inpugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente frō King Henry the seuēth and by his eldest daughter as we haue shewed there is no man so impudent to denie What is there then to be obiected among al the rules Maximes and iudgements of the cōmon law of this Realm Only one rule as a general Maxime is obiected against her And yet the same rule is so vntruely set forth that I can not wel agree that it is any rule or Maxime of the cōmon law of this Realm of Englād Your
nature in himself who delights to make all his iourneis in such sullē solitary sort therfore belike an ill companion to liue withall in any felovvship Then yt shewes his extreeme want of abilitie to defray the expence of woeng in a bountiful shew sitting such a prince as cōmeth to obtein out Queen This his secrete comming departing discouers a mistrustfulnes in him towards our people and therefore no loue which must needs come frō his own ill consci ence of fearing french measure in England for on our part the Lord be thanked we haue not committed such villenies all men deeme him vnworthy to speed who comes in a net as though he were loath to auow his errand Some men may think he is ashamed to shevv his face but I think verely that he meanes not sincerely who loues not light wil not com abroade The last noble princely gentlemā that went out of Englād to vvin a Queen in france gaue trial shew of vvisdome manhod behauiour and personage by open cōuersatiō performing al maner of knightly excercises which makes vs in England to find very strange this vnmanlike vnprincelike secrete fearful suspitious disdainful needy french kind of woeng in Monsieur we can not chuse but by the same stil as by all the other former demonstratife remonstrāces conclude that thys french mariage is the streightest line that can be dravvne frō Rome to the vtter ruine of our church the very rightest perpendicular downfal that can be imagined frō the point france to our English state fetching in vvithin one circle of lamentable fall the royal estate of our noble Queen of hir person nobility and commons vvhose Christian honorable healthful ioyful peaceful and long souereigne raigne without all superior ouerruling commander especially french namely Monsieur the king of kings hold on to his glory and hyr assurance of true glory in that other kingdom of heauen Amen Amen Amen A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England Made by Morgan Philippes Bachelar of Diuinitie assisted vvith the aduise of Antonie Broune Knight one of the Iustices of the Common Place An. 1567. LEODII Apud Gualterum Morberium 1571. A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England The Second Booke THE great prouidence good Reader of the eternal God who of nothing created all thinges did not only create the same by his ineffable power but by the same power gaue a special gifte and grace also to euery liuing thing to continue to renewe and to preserue eche his owne kinde But in this consideration the condition of man among and aboue al earthly thinges hath his pearelesse prerogatiue of wit and reason wherewith he only is of God gratiously endewed and adorned by the which he doth prouide not only for his presente necessitie and sauegard as do also naturally after their sorte al beastes and al other liuing thinges voide of reason but also by the pregnancie of wit and reasonable discourse doth long afore forsee the dangerous perils that many yeres after may happen either to himself or to his Countrey and then by diligence and careful prouision doth inuent apte and mete remedies for the eschewing of suche mischieffes as might outragiously afterwarde occurre And the greater the feare is of greater mischief the greater the deper and the speedier care is wont to be taken to preuent and cut of the the same It is also most certaine by the confession of al the world that this care is principally dew by eche man that hath opportunitie to do good therin to his Prince his Countrey and to the common Weale and good quiet of the Countrey for the continuance and happie preseruation of the same To the preseruation whereof as there are many partes and branches belonging so one principal part is for Subiectes louingly and reuerently to honour dreade and obediently to serue their Souereigne that chaunceth presently to rule and gouerne The next to foreknow to whome they should beare their allegeance after the deceasse of their foresaid Prince and Gouernour Which being once certaine and assuredly knowen as it procureth when the time requireth readie and seruiceable obedience with the great comfort and vniuersal reast and quietnes of the Subiectes so where for the said Successour there is among them discord and diuersitie of iudgementes the matter groweth to faction and from faction to plaine hostilitie and from hostilitie to the daunger of many mens liues and many times to the vtter subuersion of the whole state For the better auoiding of suche and the like inconueniences albeit at the beginninge Princes reigned not by descente of blood and succession but by choyce and election of the worthieste the worlde was for the moste parte constrained to repudiate election and so often times for the better and the worthier to take a certain issue and ofspringe of some one onely persone though otherwise perchaunce not so mete Which defecte is so supplied partely by the great benefit of the vniuersal rest and quietnes that the people enioy thereby and partly by the graue and sage Counsaylours to Princes that the whole worlde in a manner these many thousand yeares hath embraced succession by blood rather then election And politike Princes whiche haue had no children of their owne to succede them haue had euer a special care and foresight thereof for auoiding of ciuil discention So that the people might alwaies knowe the true and certaine Heire apparent chiefly where there appeared any likelyhod of varietie of opinions or faction to ensewe about the true and lawful succession in gouernement This care and foresight doth manifestly appeare to haue bene not onely in many Princes of foraine Countreies but also of this Realme as wel before the tyme of the Conqueste as also after namely in Kinge Edwarde the Confessour in declaring and appointing Eadgare Atheling his nephewes sonne his heire as also in King Richard the first who before he interprised his Iourney to Hierusalem where for his chiualrie he atchiued high honour declared by consent of his Nobilitie and Cōmous Arthur sonne of his brother Duke of Britaine his next heire in succession of the Crowne Of the whiche Arthur as also of the said Eadgare Atheling we wil speake more hereafter This care also had King Richard the second what time by authoritie of Parlament he declared the Lorde Edmond Mortymer that maried Philippe dawghter and heire to his Vncle Leonel Duke of Clarence heire apparente And to descende to later times our late Noble Souereigne King Henry the eyght shewed as it is knowen his prudente and zealous care in this behalf before his last noble voiage into Fraunce And now if God should as we be al as wel Princes as others subiect to mortall chaunces once
Scotland and Wales be al within one Territorie and not diuided by any sea And al old Recordes of the law concerning seruice to be done in those two Countries haue these words Infra quatuor Maria within the fower seas which must nedes be vnderstaÌ„d in ScotlaÌ„d and Wales aswel as in EnglaÌ„d bâ—cause they be al within one continent coÌ„passed with fower seas And likewise be many auncient statutes of this Realm writreÌ„ in the NormaÌ„ FreÌ„ch which haue these wordes deins les quatre mers that is within the fower seas Now coÌ„cerning the statute the title of the same is of those that are born beyond the sea the doubt moued in the corps of the said statut is also of childreÌ„ born beyond the sea out of the allegeance with diuers other braÌ„ches of the statute teÌ„ding that way Wherby it seemeth that no part of the statute toucheth these that are born in Wales or Scot laÌ„d And albe it at this time and before in tho reigne of Edward the first Wales was fully reduced annexed and vnited to the propâ—â— Dothinion of England yet was it before subrected to the Croune and King of England as to the Lorde and Sâ—igniour aswel as Scotland Wherefore if this statute had 〈◊〉 made before the time of the said Edwarde the 〈◊〉 it seemeth that it could not haue bene stretched to Wales no more then it can now to Scotland I doe not therefore a litle meruaile that euer this man for pure shame could finde in his harte so childishly to wrangle vpon this word Infantes and so openly to detorte depraue and corrupt the common lawe and the Actes of Parlament And thus may you see gentle Reader that nothing can be gathered either out of the said supposed general rule or Maxime or of any other rule or Principle of the lawe that by any good and reasonable construction can seeme to impugne the title of the said Ladie Marie now Queene of Scotland of and to the Croune of this Realme of England as is aforesaid We are therefore now last of al to consider whether there be any statute or Acte of Parlament that doth seeme either to take away or preiudâ—ce the title of the said Lady Marie And bycause touching the foresaid mentioned statute of the 25. yeare of King Edward the thirde being only a declaration of the common law we haue already sufficiently answered we wil passe it ouer and consider vppon the statute of 28. and 36. of King Henry the eight being the only shoteanker of al the Aduersaries whether there be any matter therein conteined or depending vpon the same that can by any meanes destroie or hurt the title of the said Ladie Marie Queene of Scotland to the successioÌ„ of the Croune of England It doth appeare by the said statute of 28. of King Henry the eight that there was authoritie geuen him by the same to declare limite appoint and assigne the succession of the Croune by his Letters Patentes or by his last Wil signed with his owne hande It appeareth also by the foresaid statute made 35. of the said King that it was by the same enacted that the Croune of this Realme should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first son of his body betwene him and the Ladie Iane then his wife begotten and for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten and for default of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten and for default of such issue vnto suche person or persons in remainder or reuersion as should please the said King Henry the eight and according to such estate and after such maÌ„ner order and conditioÌ„ as should be expressed declared named and limited in his Letters Patentes or by his last Wil in writing signed with his owne hande By vertue of whiche said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last Wil in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Lady Elizabeth to dye without issue of their bodies lawfully begotten then the Croune of this Realme of Englande should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and th' eldest daughter of the Fâ—eÌ„ch Quene And for the defaulte of suche issue to the heires of the body of the Ladie Elenour his Neece seconde daughter to the Frenche Queene lawfully begotten And if it happened the said Ladie Elenor to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires Wherevpon the Aduersaries do inferre that the successioÌ„ of the Croune ought to go to the childreÌ„ of the said Ladie FraÌ„cis and to their heyres according to the said supposed Wil of our late Souereigne Lorde King Henry the eight and not vnto the Ladie Marie Queene of Scotlande that nowe is To this it is on the befalf of the said Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the preteÌ„sed Wil with his own hand and that therfore the said Wil can not be any whit preiudicial to the said Queene Against which answere for the defence and vpholding of the saide Will it is replied by the Aduersaries first that there were diuers copies of his Wil found signed with his owne hande or at the leastwise enterlined and some for the most part writen with his owne hande out of the whiche it is likely that the original Wil commonly called King Henry the eightes Will was taken and fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the coÌ„mon wealth and for the auoiding of the vncerteintie of the successioÌ„ he welliked vpoÌ„ and accepted the authoritie geuen him by Parlament and signed with his owne hande the said original Wil whiche had the said limitation and assignation of the Croune And these presumptions are the more enforced for that he had no cause why he should beare any affection either to the said Queene of Scotland or to the Lady Leneux and hauing withal no cause to be greaued or offended with his sisters the Frenche Queenes children but to put the matter quite out of al ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the king who were presente at the signing of the said Wil and subscribed their names to the same Yea the chief Lordes of the CouÌ„saile were made and appointed executours of the said Wil and they and other had great Legacies geuen them in the said Wil which were paid and other thinges comprised in the Wil accomplished accordingly There passed also purchases and Letters Patentes betwene King Edwarde and the executors of
the weight and importaÌ„ce of such a matter to reste vpon the validitie or mualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare Wil and seâ—tament Ye shal now heare also why we think he did neuer attempt or enterprise any such thing It is wel knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of al Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse ful and sufficient prouse necessarily enforce creditte that the King to his no present coÌ„moditie and aduantage but yet to his great dishonour and to the great obloquie of his subiectes and other Countries to the notable disherison of so many the next royal blood did vse any such authoritie as is surmised Againe if he had made any such assignation who doubteth but that as he conditioned in the said pretensed Wil with his noble daughters to marie with his CouÌ„sels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Elenours heirs to the same condition Farthermore I am driuen to thinke that ther passed no such limitatioÌ„ by the said king Henries wil by reason there is not nor was these many yeares any original copy therof nor any autheÌ„tical Record in the ChaÌ„cerie or els wher to be shewed in al EnglaÌ„d as the Aduersaries theÌ„selues confesse and in the copies that be spread abrode the witnesses preteÌ„ded to be present at the signing of the said Wil be such for the meanesse of their state on the one side and for the greatnesse and weight of the cause on th' other side as seme not the most sufficient for suche a case The importance of the cause being no lesse then the disherision of so many heires of the Croune as wel from the one sister as froÌ„ the other required and craued some one or other of the priuie CouÌ„saile or some one honorable and notable person to haue ben present at the said signing or that some notificatioÌ„ should haue ben made afterward to such persons by the King him selfe or at least before some Notarie and autheÌ„tical person for the better strengthening of the said Wil. Here is now farther to be coÌ„sidered that seing the interest to the Croune is become a plaine testamentarie matter and claime and dependeth vpon a last Wil when and before what Ordinarie this Wil was exhibited al lowed and prooued Where and of whome toke the Executours their othe for the true performaÌ„ce of the Wil Who coÌ„mitted to theÌ„ th'administratioÌ„ of the Kings goods and chattles When and to whome haue they brought in the InueÌ„tory of the same Who examined the witnesses vpon their othe for the tenour and trueth of the said TestameÌ„t Namely vpon the signement of the Kinges hand wherein only consisteth the weight of no lesse then of the Croune it self where or in what spiritual or temporal Courte may one find their depositions But it were a very hard thing to finde that that as farre as men can learne neuer was And yet if the matter were so plaine so good and so sound as these men beare vs in hand if the original TestameÌ„t had ben such as might haue biddeÌ„ the touchstone the trial the light and the sight of the worlde why did not they that enioyed most commoditie therby and for the sway and authorite they bare might and ought best to haue done it take coÌ„uenient and sure order that th' original might hane ben duely and safely preserued or at the least the ordinarie Probate which is in euery poore mans Testament diligeÌ„tly obserued might haue ben procured or sene one or other auteÌ„tical InstrumeÌ„t therof reserued The Aduersaries theÌ„selues see wel inough yea and are faine to coÌ„fesse these defectes But to helpe this mischief they wold fame haue the EnrolmeÌ„t in the Chancerie to be taken for a sufficient Probate by cause as they say both the spiritual and temporal authoritie did concurre in the Kings person Yet do they know wel inough that this plaister wil not cure the sore and that this is but a poore helpe and a shift For neither the Letters Patents nor th'EnrolmeÌ„t may in any wise be counted a sufficient Probate The ChaÌ„cerie is not the Court or ordinarie place for the probate of Willes nor the Rolles for recording the same Both must be done in the Spiritual Courts where th'Executours also must be impleaded and geue their accompt where the weakenes or strength of the Wil must be tried the witnesses examined finally the probate and al other thinges thereto requisite dispatched Or if it may be done by any other person yet must his authoritie be shewed The probate and al thinges must be done accordingly And among other things the vsual clause of Saluo iure cuiuscunque must not be omitted Which things I am assured the recording in the ChaÌ„cerie caÌ„not import But this caution and prouiso of Saluo iure cuiuscunque which is most coÌ„formable to al law and reason did litle serue some mens turne And therefore there was one other caution and prouiso that though the poorest mans TestameÌ„t in al England hath this prouiso at the probate of the same yet for this Testament the weightiest I trow that euer was made in England no suche probate or clause can be found either in the one or the other court Yet we nedes must al this notwithstanding be borne in hande and borne doune that there was a TestameÌ„t and Wil formably framed according to the purpose and effect of the statute yet must the right of th' imperial Croune of EnglaÌ„d be coÌ„ueied and caried away with the color and shadow only of a Wil. I say the shadow only by reason of another coniecture and presumptioÌ„ whiche I shal tel you of Whiche is so liuely and effectual that I verily suppose it wil be very harde for any man by any good and probable reason to answere and auoide the same And is so important and vehemeÌ„t that this only might seeme vtterly to destroie al the Aduersaries coniectural prouffes coÌ„cerning the maintenance of this supposed Wil. We say therfore and affirme that in case there had ben any good and sure helpe and handfast to take and hold the Croune for the heirs of Lady Francis by the said Wil that the faction that vniustly intruded the Lady Iane eldest daughter to the said Lady FraÌ„cis to the possession of the Croune would neuer haue omitted to take receaue and imbrace the occasioÌ„ and benefit therof to them presently offered They neither would nor could haue ben driuen to so harde and bare a shifte as to colour their vsurpation against the Late Queene Marie only and her Sister Elizabeth with the
The possions of the Croune of Englad that vvere beyondthe seas sealed into the Frenche kings haÌ„ds for the murther of Arthur Polid. 15. flor histor An. 120â— Levvis the French Kings son claimed the Croune of this Realme in the Title of his vvise Pro hereditate uxoris meae scilicet neptis Regis loaÌ„ usque ad mortem â—â— necessitas exigeret decertabo Flor histo Anno 1216. Haroldus muneribuâ— genere fretê° regni diadema innasit H. Hunte hist Angli lib. 5 Cut regnuÌ„ iure hereditario debebatur Palredus Rhie ual in histo R. Angliae ad H. 2. Cui de iure debebatur regnum An glorum Io. Lond. in Chron. Angliae Eadem uerba sunt in Math West mon. in flor hist a. 1066 What calamities sell to this Realm by the vsurping of King Harolde King Stephen and Iohn Rex Eduar dus misit c. ut uel ipse Eduar uel filius e ius sibi succederent c. Rich. Cicest uid Wil. Malmest de reg Angl. E. 2. c. 45. lib. 3. c. 5. Polid. 26. king H. 7 vvith his Counsaile is a good interpretor of our present cause The mariages of King E. 3. sonnes A fond imagination of the Aduersarie of the statute of 25. E. 3. There vvas no doubt made of the Kinges children borne beyonde the seas This statute toucheth not the Q. of ScotlaÌ„d as one not borne beyond the seas Vide statuta Walliae in magna Charta Walesvvas vnder the allegeance of EnglaÌ„d before it vvas vnited to the Croune The statutes of King H. 8. touching the succession of the Croune An ansvves to the fore said statute The effect of the Aduersaries arguments for the exclusion of the Quene of Scotland by a pretensed vvil of King H. 8 An. H. 8.35 An. H. 8.33 21. An ansvvet by the vvay of reioindeâ— to the same Diuers presumptions and reasons agaiÌ„st this supposed vvil The supposed vvil is preiudicial to the Croune of Englande for the claime of the croune of France This supposed vvil geueth occasion of ambitious aspiring Succession to the Croune more vncerteÌ„ bi the supposed vvil then before Much forgene and counterfeyting of Testamets Valerius Maximus dict et fact lib. 9. c. 4. In this supposed vvil is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters No order taken for the probate of the supposed vvil The enrollement in the chance rie is not a probate A great presumption against the supposed vvil for that the late pretensed Q. Iane did not vse the benefit of the same against the Q. of Scotland and others See the proclamation made the x. of Iulie the first yeare of her pretensed reigne Polid. lib. 8. The forgetie of this 〈…〉 〈◊〉 discloseâ— before the Parlament by the L. Paget A vvorthy deede for à Prince to cancell false Recordes Cicero 3. offic Sueton. de uiris illustrib Bed. lib. 3. histor Ecclesiast c. 1. L. tefliuÌ„ ff de testibus L. Ob carnem ibid. No iust â—aâ—se to repel â—he testimonie of the L. Paget and others L. Famâ—â— ff ad 〈…〉 maies l. muliere ff de accusat Hovv a negatiue may be proued Gloss Doct. c. bo na de elect Hovv and vvhen the later testimonie is to be accepted before the former Why the stampe caÌ„not counteruaile the Kings hand in this case Ioan Andr. in adit spe cul tit de requisit consul ad finem L. Sifundus ff de rebus corumâ—c de rebus Ecelesiae in 6. An ansvvere to the aduersaries touchinge Actes of Parlament alleaged to proue that the Kinges ovvne haÌ„d vvas not necessarie to the supposed vvil 18. E. 3. fol. 30. 3. H. 4. fol. 3. 11. 11. H. 4. fol. 67.9 H. 6. fo 6. 19. H. 6. fo 7. et 10 35. H. 6. fol. 12. 10. H. 6. fol. 26. 3. H. 6. fol. 8. 33. E. 3. fo 13. Vide Prisot 33. H. 6. fol. 39. 9. H. 6. fol. 35.35 H. 6. fol. 34.40 E. 3. fol. 2. 40. E. 3. fol. 35.21 E. 4. fol. 97.7 H. 7. fol. 15. 9. E. 4. fo 2. 22. E. 4. fo 47. 29. H. 6. fol. 6.29 lib. Assis P. 64. 27. H. 8. c. 10. 32. H. 3. c. 1. The supposed vvil caÌ„ not preiudice the Q of Scot laÌ„d though it had ben signed vvith the Kinges ovvne haÌ„d Ther must needes be some qualification and restrait of the general vvordes of the statute Matthae us Paristensis in Iohan. L. 1. ff quâ— Testamenta facere The definition of a TestameÌ„t L. fl pater ff Quae in frau credit L. fill famil ff de Donat. L. 1. c quae res pign l. obligatione ff de pigno c in genera de Regum iuris in 6. L. quidaÌ„ ff de uerb sâ—g L. ut grada §. 1. de numer honor L. permitteÌ„do cuÌ„ notatis ff de iure dotiuÌ„ In geuing general au thoritie that seemeth not to be comprised that the partie vvould not haue graunted being specially demaunded General voordes must be referred to hable persons L. 2. c. de Nopal L. fin § in computatione De iure deliber ibi notat Alciat in l. 1. de uerb significat 11. H. 4. fol. 72. 9. H. 6. fol. 24.11 H. 6. fol. 15. Non est par ratiâ— lucra non capere damna sentire L. sin C. de co dicil L. Proculus ff de damno infect Insti de legat Si res L. qui â—eeâ— sare C. dâ— edendo §. commodum lust de indict L. st quiâ— iâ— aliquo documento C. de edendâ— An infamous libel made lately against the Queene of Scot. The Authour of the same seemeth litle to regarde touching the succession of the Croune any lavve but holy Scripture only He groundeh him self chefly vpon the 17. of Deuteron â— Samuel â— 2. Reg. 11. An ansvvere tou chinge the 17. of Deuteron Great difference be tvvixt successioÌ„ and clection August de merit remis pecc cont Pela li 3. c 8. 9. to 7 in quaest ex nouo Test ca. 8. to 4. Queene of Scotland no straunger 3. Politico 1. Reg. 8. 2. Reg. 12. An ansvvere to the 2. Samuel 5. Ioseph Iudaic An tiq lib. 9. cap. 6. A nevve fond and madde in terpretation vvho is an AlieÌ„ made by the Aduer sarie Ioseph ibi cap. 6. Athalia vvas no AheamoÌ„g the levves Who is an Alien by Vlpian Who is an Alien by Vlpian L. 1. ff ad municip Matth. 12 Iosue 6. Dauid and Christ descend of Obed Ruthes sonne 4. Reg. 11. An ansvvere to the Aduer farre touching the lavve of Nature vvhich he vvresteth against vvomens gouernement L. 1. ff de iust iure l. ueluti l. ex hoc l. omnes cod Est enim noÌ„ scripta sed nata lex c. Cicero pro Milone The practise of Womens Regiment in Asia Aphrica and Europa Straebo geâ— graph lib. 14. First in Asia Queene Artemesia Queene Ada. Solinus in collect lib. 67. Plinius lib. 6. cap. 20.