one as for the excelleÌ„te giftes of God and nature in her most princelie appearinge ys vvorthie to inherite either this noble realme or any other be yt of muche more dignitie and worthines But nowe I claime nothinge for the vvorthines of the person whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others yf moste open and manifeste right Iustice and title do not coÌ„curre with the worthines of the person Then lett the praise and Worthines remaine where yt ys And the right Where God and the lavve hathe placed yt But seinge God nature and the lavve dothe call the person to this expectation whose intereste and claime I do novve prosequute I meane the right excellente Ladie The Quene of Scots is the right heire appareÌ„te to the crovvne of Englande Ladie Marie Quene of Scotlande I hope that when her right and iuste title shall be throwghlie harde and considered by the indifferente Reader yf he be persvvaded alredie for her right he shall be more firmelie setled in his trevve and good opinion and that the other parties beinge of a contrarie minde shall finde good cavvses and grovvndes to remoue them from the same and to geaue ouer and yelde to the trevvthe Her graces title then yf God call our Souereigne ovvte of this transitorie life hauinge no issue of her maiesties bodye as yt ys moste open and euidende so yt ys moste conformable to the lavve of God of nature and of this realme And consequentlie in a manner of all other realmes in the vvorlde as grovvinge by the neareste proximitie of the royall bloude She ys a kinges and a Quenes davvghter her self a Quene Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight Whose Davvghter also the ladie Lenoux ys but by a later husbande The ladie Frances late vvyfe to Henry Marques dorsett aftervvarde Duke of Suffoocke And the ladie Elenour late vvyfe to the Erle of Cumberlande and theire progenye procedethe from the ladie Marie dowager of France yongest sister of the saide kinge Henrie late vvife to Charles Brandon Duke of Suffolke I might here fetche forthe olde farne dayes I might reache backe to the noble and vvorthie kinges longe before the conqueste of vvhose royall bloude she ys discended vvhiche ys no parte of our purpose neither dothe enforce her title more then to proue her no stranger vvithin this realme But the argumentes and proufes which vve meane to alleage and bringe forthe for the confirmation of her right and title in succession as heire apparente to the crovvne of Englande are gathered and grovvnded vpon the lavves of God and nature and not onlie receaued in the ciuill pollicies of other nations but also in the olde lawes and customes of our ovvne contrey by reason approued and by vse and longe concontinevvance of time obserued from the firste constitution of this realme in politicall order vnto this presente daye And yet for all that hathe yt bene aÌ„d yet ys by some men attempted artificiallie to obiecte and caste manie mistie darke clovvdes before meÌ„nes eyes to kepe from them yf yt maye be the cleare light of the saide iuste title the vvhiche they vvolde extingvvishe or at the leaste blemishe withe some obscure shadovve of lavve But in deede against the lavve and vvith the shadovve of parliameÌ„ts But in deede against the trewe meaninge of the pliameÌ„tes And albe it yt were inowghe for vs our cawse beinge so firmelie aÌ„d suerlie established vpoÌ„ all good reason aÌ„d lawe to stande at defence and onlie to auoide as easelie vve maye theire obiections Whiche principallie and cheifelie are grovvnded vpon the common lawes and statutes of this realme yet for the betteringe aÌ„d strengtheninge of the same vve shall laye forthe sondrie greate aÌ„d inuincible reasons coÌ„ioyned vvithe good and sufficieÌ„t aucthoritie of the lawe so approued and coÌ„firmed that the aduersaries shall neuer be able iustlie to impugne them And so that vve truste after the readinge of this our treatise aÌ„d the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title Whose expectatioÌ„ aÌ„d coÌ„science althovvghe we truste fullie in this discourse to satisfie aÌ„d doubte nothinge in the vvorlde of the rightfulnes of our cause Yet must we nedes coÌ„fesse the maÌ„ner aÌ„d forme to eÌ„treate therof to be full of difficultie aÌ„d ê‘plexitie For suche causes of Princes as they be seldome and rare so ys yt more rare and stange to finde them discoursed discussed and determined by any lawe or statute Albe it nowe and then some statutes tende that vvaye Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente but vvith priuate mens causes And yet this not withstandinge for the better iustifiengè of our cavvse albe yt I denye not but that by the coÌ„mon lavve yt muste be knovven vvho ovvght to haue the crovvne And that the coÌ„mon lavve muste discerne the right aswell of the crowne as of subiects Yet I saye that there ys a greate difference betvvene the kinges right aÌ„d the right of others And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the coÌ„mon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same The coÌ„moÌ„ lavve of this realme ys rather grouÌ„ded vpon a generall custome then any lawe written For the prouf wherof let vs consider What the comon lavve of this rerealme ys and howe the rules therof be grownded and do take place Yt ys verie manifeste and plaine that the comon lawe of this realme of Englande ys no lawe WritteÌ„ but grovvnded onlie vppoÌ„ a coÌ„mon and generall custome throvvghe ovvte the vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVLPHVS DE GLANVILLA In ê“logo suo eâ—sdeÌ„ libri fol. 1. 2. Who wrote in the time of the noble kinge Henrie the secoÌ„de De dicto Ranulpbo Glanuilla vide GeralduÌ„ CaÌ„breÌ„sem in Topogra de vvallia of the lavve and custome of the realme of englande Beinge then and also in the time of the reigne of kinge Richarde the first the cheif counsailler and iustice of the same kinge And also by the famous Iustice Fortescue in his booke which he wrote beinge Chancellour of Englande Fortescue de laud legum Angliae ca. 17 De laudibus legum Angliae And by 33 H. 6 51. and by 8. E. 4. 19. Which custome by vsage and coÌ„tinuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie knovven and mainteined 8. E. 4 19 33. H. 6 51 piÌ„soÌ„s printe Wherein we seame muche agreable to the olde lacedemoniaÌ„s vvho manie hundred yeares past most politikelie and famouselie gouerned theire common
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌ„de After vvhose deathe she retorned to her father yet did kinge HeÌ„ry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ„ the saide kinge did reuiue aÌ„d renevve the like othe of allegeaÌ„ce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌ„de imagination to vvchyngeâ—k Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ„ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌ„ge other thinges by kinge Richard the secoÌ„d who succeded his grandfather kinge Edwarde the thirde which Richarde had diâ—ers worthy aÌ„d noble vncles who neither for lacke of knowledge coulde be ignoraÌ„te of their right Diuersitie of opinioÌ„s towchinge the vncle aÌ„d nephewe whether of them ovvght to be preferred in the royall gouernemeÌ„t neither for lacke of Frendes cowrage aÌ„d power be enforced to forbeare to chaleÌ„ge theire title aÌ„d intereste yet shoulde he haue had some countenance of reason aÌ„d ê“babilitye by cause many argumeÌ„tes aÌ„d the authoritie of many learned aÌ„d notable ciuiliaÌ„s do coÌ„curre 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 bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ„ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ„ taken for other then for an vsurper by excludinge him The possessioÌ„s of the crowne of â—nglands that were beyoÌ„de the seas seased into the Frenche kiÌ„gs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ„ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ„ by the practise and ambitioÌ„ of Quene Elenour hys mother aÌ„d by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ„ hym self which moste fowle and shamefull acte the saide IohnÌ„ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌ„de And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâ—hur in Bristowe castle where she miserablie ended her life Yf that gaâ—e Maxime wolde have serued to have excluded theis two children by cawse theye were straÌ„gers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ„ that the birthe owte of the legeance of Englande by father aÌ„d mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌ„de beinge then at dissention with the saide kinge IohnÌ„ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌ„s kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ„ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌ„che kinges sonne claimed the crovne of this realme iÌ„ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France †Pro here ditatevxoris iâ—re scilicet neptis Reg Io. vsque â—d mortem 〈◊〉 necessitas exigeret decertabâ— pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌ„ples are sufficieÌ„te I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâ—aued for a good suer aÌ„d substanciall interpÌ„tation of the coÌ„mon lawe And yt were not altogether froÌ„ the purpose here to coÌ„sider aÌ„d weighe with what aÌ„d howe greauouse plagues this realme hath bene ofte afflicted aÌ„d scowrged by reason of wroÌ„gfull aÌ„d vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌ„d noÌ„ber of the same plagues aswell otherwise as especiallie by the contentioÌ„ of the noble howses aÌ„d famelies of yorke aÌ„d LaÌ„caster â–ª Seinge yt ys so fortunatelie and almoste with in maÌ„s remeÌ„braÌ„ce extiÌ„ctâ— aÌ„d buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌ„r Hunt histâ— Angliae li. 6. I will nowe putt the gentle Reader in remeÌ„braÌ„ce of those onlie with whose vsurpinge titles we are nowe pÌ„sentlie in haÌ„de And to begiÌ„ne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
became I praye you of Harolde that by briberie aÌ„d helpe of his kiÌ„red vsurped the crowne against the foresaide yonge Eadgar as I haue saide aÌ„d as the olde monumeÌ„rs of our historiopraphers do plainlie testifie was the trewe aÌ„d lawful hâ—ire Cui de iure debebatÌ„ regnuÌ„ Anglo ruÌ„ Io. â—od in chronic Angliae Coulde he thincke you enioye his ambitiouse aÌ„d nawghtie vsurpinge one whole aÌ„d eÌ„tier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled aÌ„d turned owt bothe of crovne aÌ„d †Rex Edvvardê° misit c. Vt velâ—pÌ„e Edvvardê° vel filiae eâ—ê° sibi succedereÌ„t c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all FadeÌ„ verba sunt in Mat. vvestmo 1Ì„ flor hist Anâ—o 1066. Yea his vsurpatioÌ„ occasioÌ„ed the coÌ„queste of the whole realme by williaÌ„ Duke of NormaÌ„die bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe aÌ„d sownde nowe from like danger yf vve shoulde treade the saide vvroÌ„ge steppes vvithe Harolde forsakinge the right aÌ„d highe vvaye of lavve aÌ„d iustice What shall I nowe speake of the crevvell aÌ„d ciuill vvarres betvvene kinge Stephen and kinge HeÌ„rie the secoÌ„de Which vvarres rose by reasoÌ„ the saide HeÌ„ry vvas vniustlie kepte froÌ„ the crovne devë to his mother mavvde aÌ„d to him aftervvardes The petifull reigne of the saide IohnÌ„ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpiÌ„g of kinge Harrold K. Stephen and IohnÌ„ aÌ„d vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the coÌ„mon lavve for our purpose And lôa the greate goodnes and ê“uidence of God vvho hathe yf the foresaide exaÌ„ples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge HeÌ„rie the seaveÌ„the vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficieÌ„t inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth senâ—e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interpÌ„tour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right aÌ„d title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the coÌ„queste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so coÌ„sequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructioÌ„ of the kinge him self I saye theÌ„ the vvise worthy SalomoÌ„ foreseinge that suche deuolutioÌ„ might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasoÌ„ of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and â—klender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childreÌ„ to the first degre onlie Of the like weight ys his other consideration imageninge aÌ„d surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the coÌ„mon lawe Whiche to saie ys moste directlie repugnaÌ„te and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as IohnÌ„ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile IohnÌ„ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece IohaÌ„ dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes IohaÌ„ dawghter to his brother Thâ— mas of Wodstocke Duke of GloÌ„cester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womeÌ„ coulde have enioyed the crowne of Englande wheÌ„ yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncientâ— presidentes and examples that we
senteÌ„ce as well in publike as in priuate causes Wâ—meÌ„s regiment in Spaine PortiÌ„gale â–ª Burgundie aÌ„d Flaunders Irmelgardis daughter of Conrade Duke of FraÌ„con Whose gouernement was also prosperouse happie and fortunate More ouer yt appeareth that the IllyriaÌ„s and Slauons were ruled by Quene Teuca what shall I speake of Spaine and Portugale of the Dukedome of BurguÌ„dye aÌ„d of the Erledome of Flaunders and of other partes of lower Germanie Conrade the Duke of FraÌ„conye and LaÌ„rgraue of Hesse vvas made countye Palatine of Rhene and Duke of LorraÌ„ne by the inheritance of his wife Irmelgardis Monster Cosâ— vniuersal li. 3. pag. 620. He had but one daughter who was maried to CoÌ„rade duke of Sueuia whereby he was made comtye Palatine of Rhene Agnes vvife to HeÌ„ry duke of Saxonie This Conrade had a dawâ—hter called Agnes maried to HeÌ„rie Duke of Saxonie and Limâ—burge who thereby enioyed the countie Palatine The like maye be sayed of diuers other partes of the Germanicall Empire Agenes wif to Henrie the 3. Emperour Yea a vvoman hathe ruled and gouerned the saide vvhole Empire as yt ys euideÌ„te in Agnes the vvif of the Emperour Henrie the thirde duringe the time of the minoritie of her sonne HeÌ„rie the fowrthe And yet the same Empire Paul Aemil lib. 3. ye wote well passeth by choise and election and not by liniall succession of bloude Chari li. 3. Yea manye hundrethe yeares ere she was borne and in the floreshinge time of the olde Romaine Empire Fulgo l. 8. cap 16. de dict fac memor Mesa Varia graÌ„dmother to the Emperours Heliogabalus and AlexaÌ„der Seuerus sat with the senate at Rome hearde and examined the vveightie causes of the Empire Crana noah daughter and sett her hand also to suche thinges as passed towchinge the publike affaires I do nowe adioine the kingdome of Sicilie Beros li. 5. Lâ—uâ— lib. 1. Dec. 1. and Naples in Italye of the vvhich I talye Noah vvhome the prophaâ—e vvriters call Ianus made Crana his dawghter rulâ—r aÌ„d Quene Aene. Sylui de Asia ca. 20. Where also Lauinia reigned after the deathe of Aeneas And as for Naples this presidente of vvomanlye gouernemeÌ„te ys not to be fownde there onlye of later yeares in bothe the Quenes called Iohanne Quene of Naples Amalacintha but eauen from verye Auncient time Which thinge the stories do recorde in Amalasyntha that gouerned after kinge Theodoricus with her sonne Athalaricê° Cronic Palmerij H. contracti MuÌ„st vniuers Cosmo. lib 4. The saide Amalasyntha vvas mother to Almaricus kinge of Spaine and after his death ruled her self the saide realme WomeÌ„s regiment in Loraine aÌ„d Mantua Lett vs nowe adde further the Dukedomes of Lorane Mantua the kiÌ„gdomes of Swethia Aeneas Siluiê° in desc Asiâ— c. 10. Hector Boet l. 1. Hâ— Sco. Vide la Geneal des Rois de FraÌ„c impr Paris 1561 in Carolo Magno of Dania and of Noruegia In the kiÌ„gdome of Svvethia Dania and Norwegia Boeame Hungarie and Scotlande Wherof Margarett the dawghter of waldemaâ—us was gouernesâ—e and Quene The kingdomes of Beame of Hungarie And to drawe nerer home the realme also of ScotlaÌ„de vvhich realme hathe denomination of a woman as theire stories reporte as hathe likewise FlauÌ„ders The like some of our stories reporte of EnglaÌ„de wherein I will make no fast foringe Now touchiÌ„ge the feminine successioÌ„ to the right of the croune of EnglaÌ„d Englande it ys no newe fownde succession and muche lesse vnnaturall We reade in our cronicles of Quene Cordell the thirde heire davghter of kinge Leire the tenthe kinge of Britannie that restored her father to the kiÌ„gdome beinge deposed by her tvvo other sisters We reade that abowte three hundred fiftie and fiue yeares before the Natiuitie of Christe Martia ê“ba Martiae proba duringe the nonage of her sonne did gouerne this realme full politikelye and vviseâ—ye HeleÌ„a mother to CoÌ„staÌ„tine the greate and established certaine lavves called Leges Martianae There be aswel of our owne as of externall historiographers that for a moste certaintye affirme that Helena the noble Constantine his mother vvas a Britane Onuph de Rom. priÌ„c Eusâ—bi de vita CoÌ„staÌ„ lâ— 1. and the onlye dawghter and heire of Coëlus kinge of Britane and that the saide constantine was borne in Britanie suerlye that his father Constantinus died in Britanye at yorke Eutropius and that the saide Constantinus begane his noble victoriouse race of his moste worthie Empire in Britanye yt ys reported by Aunciente vvriters and of greate faythe and creditt And likevvise that longe before the saide Helens time vvomen bare the greateste svvaye Britanes had vvomen for theire Capitaines in vvarfare Voadicâ— Amonge other Coâ—nâ—lius Tacitus writethe thus His atque alijs inuicem instructi Voadica generis regij foemina duce neque enim sexum in imperijs discernunt sumpsere vniuersi bellum In vita Agricolae We have nowe alredie shevved of Henrie the seconde Henry the secoÌ„dâ— kinge by hys mothers right who obteined the crowne by hys mothers right Which sayde kinge by the title of his wife and after him his successours kinges of Englande did enioye the Dukedome of Aquitania and the ErldoÌ„e of Poyctieres Vide AlliaÌ„t geneal claud paradini 1561. as the saide kiÌ„ges successours shoulde haue done also as we haue shewed before the Dukedome of Britanye yf Arthure kinge Richardes nephevve had not by the vsurpinge of kinge Iohan his vnnaturall crueltye died withovvte issewe And by what other right then by the womans inheritance devve to kinge Edwarde the thirde by his mother the FreÌ„che kinges Davvghter do the kinges of this realme beare the Armes and title of the kinges of France The Frenche men make not vvomens regiment vnnaturall And thovvghe the french men thâ—nâ—ke theire parte the better against vs yt ys not but vppon an olde politike lawe of theire owne as they saye aÌ„d not vpon anye suche fonde grovvnde as ye pretende that womens regiment ys vnnaturall Which regimente ye stowtelie affirme to be farre a sonder from any naturall regimente Yea trewlie as farre as was the boyes head from the shovlders the laste Bartholomewe fayre at London Which manie a poore sowle did beleave to be trewe For as the boyes head remained still vpon hys necke and shoulders thowghe yt seamed by a light livelie Legerdemayne to be a greate waye froÌ„ the bodie So wolde ye nowe caste a myste before our eies and make vs beleave that womanlie governemente and nature be so deuided aÌ„d sondred that they maye in no wâ—se be linked aÌ„d cowpled to gether But suerlie the Frenche nation was never so vnwise to thincke this kinde of governemente repugnante to nature or to godes hâ—lie worde for then they wolde never have suffered theire realme to have bene so often governed and ruled by women in the time of the Nonage or absence of theire kinges as by
vvealthe vvith lawe vnvvritten Iusti. de iure natural gent ciuil 55. ex non script Whereas amonge the Athenienses the written lavves beare all the svvaye This thinge beinge so trevve that vvithe any reason or good authoritie yt can not be denied then vve are farther to consider vvhether the kinges title to the crovvne can be examined tried aÌ„d ordered by this common custome or no. Yf ye saie yt maye then muste ye prove by some recorde that yt hathe bene so vsed Othervvise ye onlie saie yt nothinge at all prove yt For nothinge can be saâ—ed by lavve to be subiecte to any custome vnlesse the same hathe bene vsed accordinglie and by force of the same custome I am Well assured that you are not able to proue the vsage and practise therof by any recorde iÌ„ any of the kinges cowrtes Yea I vvill farther saie vnto you and also proue yt that there ys no one rule generall or speciall of the coÌ„mon lawe of this realme The aduersaries haue shevved no rule of the coÌ„mon lawe that bindethe the crovvne Which ye either haue shewed or can shevve that hathe bene taken by anye iuste construction to extende vnto or binde the kinge or his crowne I Will not denie but that to declare and sett forthe the praerogatiue and Iurisdiction of the kinge ye maye shevve manie rules of the lawe But to binde him as I haue saide ye can shevve none Ye saie in your booke that yt ys a maxime in our lawe moste manifeste that Who so ever ys borne ovvte of Englande and of father and mother not beinge of the obedieÌ„ce of the kinge of Englande can not be capable to inherite any thinge in England Whiche rule beinge generall withowte any Wordes of exceptio â–ª ye also saie muste neds extende vnto the crovvne What you meane by your lavve I knovve not But yf you meane as I thincke you do the common lawe of EnglaÌ„de I ansuere there ys no suche maxime in the coÌ„mon lavve of this realme of Englande as hereafter I shall manifestlie prove But yf yt vvere for arguments sake admitted for this time that yt be a maxime or generall rule of the coÌ„mon lavve of Englande yet to saie that yt ys so generall as that no exceptioÌ„ caÌ„ be takeÌ„ agaiÌ„st the same rule ye shevve your self either ignorance or elseverie carelesse of your credit For it doth plainlie appeare by the statute of 25. E. 3. 25. E. 3. beinge a declaratioÌ„ of that rule of the lawe which I suppose ye meane terminge yt a maxime that that rule extendethe not vnto the kinges children Whereby yt moste euideÌ„tlie appearethe that yt exteÌ„deth not generallie to all And yf yt exteÌ„de not to biÌ„de the kinges children in respecte of any inheritance desceÌ„ded vnto theÌ„ froÌ„ any of theire ancetours yt ys an argumeÌ„te a forttori that yt dothe not exteÌ„de to biÌ„de the kiÌ„ge or his crowne 5 E. 3 tit Ayle 13. E. 3 tit lettre 31 E. 3 tit tit Coson 42. E. 3 fo 2 22. H. 6 fol. 43 11. H. 4. fo 23 25. litletoÌ„ cap. vilenag And for a ful shorte answere to your authorities sett forthe iÌ„ your marginall notes as 5. E. 3. tit Aile 13. E. 3. tit lrÌ„e 31. E. 3. Coson 42. Edw. 3. fol. 2 22. H. 6. fol. 42 11. H. 4. fol. 23. 24. litlet ca. vilenag Yt maye plainlie appeare vnto all that vvill reade aÌ„d peruse thoses bookes that there ys none of them all that dothe so muche as with a peece of a worde or by any colour or shadowe seame to inteÌ„de that the title of the crowne ys bovvnde by that your supposed generall rule or maxime For euerie one of the saide cases argued and noted in the saide booke are oneli concerninge the dishabilitie of an alien borne and not denisen to demaunde any landes by the lawes of the realme by suyte and action onlie as a subiecte vnder the kinge The aduersaries case ê‘teinethe to subiectes onlye and nothinge tovvchinge any dishabilitie to be layed to the kinge him self or to his subiectes Is there any controuersie abovvte the title of the crowne by reason of any suche dishabilitie towched in any of theis bookes No verelie not one vvorde I dare boldlie saye as maye most manifestlie appeare to them that vvill reade and pervse those bookes And yet ye are not ashamed to note them as sufficiente auctorities for the maintenance of your evill purpose and intente But as ye vvolde seame to vnder stande that your rule of dishabilitie ys a generall maxime of the lawe so me thincketh ye shoulde not be ignorante No maxime of the lawe bindethe the â—rovvne vnles the crovvne specially be named that yt ys also as generall yea a more generall rule aÌ„d maxime of the lawe that no maxime or rule in the lavve can extende to binde the kinge or the crovvne vnlesse the same be speciallie mentioned therein as maye appeare by diuers principles and rules of the lawe which be as generall as is your sayed supposed maxime aÌ„d yet neither the kiÌ„ge nor the crowne is by any of them bownde As for exaÌ„ple yt ys very plaine that the rule of the tenante by the curtesie ys generall vvithovvte any exception at all And yet the same bindethe not the crovvne Of the tenante by the curtesie neither dooth extende to geue any benefitt to him that shall marye the Quene of englande As yt vvas plainlie agreed by all the lavviers of this realme vvhen kinge Phillippe vvas maried vnto Quene Marie Althovvghe for the more suertie and plaine declaration of the intentes of kinge Philippe and Quene Marie and of all the states of this realme yt vvas enacted that kinge Philippe shoulde not claime any title to be tenante by the curtesie Yt ys also a generall rule that yf a man die seased of landes in fee simple vvithe ovvte issevve male hauinge diuers davvghters the lande shall be equallie deuised amoÌ„ge the dawghters Whiche rule the learned men in the lavves of this realme agreed vpoÌ„ in the life of the late noble Prince Edvvarde Nor that the landes shal be deuided amoÌ„ges the doughters and also euerie reasonable man knowethe by vsage taketh no place in successioÌ„ of the crowne for there the eldeste enioieth all as thowghe she vvere issevve male Likevvise yt ys a generall rule that the wife after the decease of her husbande shal be indevved and haue the thirde parte of the beste possession of her husbande Nor the Wife shall haue the thirde ê‘te and yet yt ys verie clere that the Quene shall not haue the thirde parte of the laÌ„des belogiÌ„ge to the crowne as appearethe in 5 E. 3 5 E. 3 tit praerogat 20 21. E. 3 fo 13. 9. H. 6. f. 12 52. 28. H. 6 fo 15. Red. priÌ„te tit praerogat 21 E. 3 9 28. H 6. aÌ„d diuers other bookes Besids that the rule of * Nor the rule of possess fratris
c. Possessio fratris beiÌ„ge gnÌ„rall Neither hathe bene or caÌ„ be stretched to the inheritaÌ„ce of the croune for the brother of the half bloud shall succede aÌ„d not the sister of the vvhole bloud as maye appeare by Iustice Moile aÌ„d †34 H 6. 58. Red. printe maie be ê“ued by kinge Etheldred brother aÌ„d successor to kinge Edwarde the Martyr and by kinge Edvvarde the confessour brother to Kinge EdmuÌ„de aÌ„d diuers others who succeded in the crovvne of EnglaÌ„de beinge but of the halfe bloud As vvas also the late Quene Marie aÌ„d ys at this present our gratious Souereigne Elizabethe Who bothe in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded as by daylie experience asvvell in the exchequer al also in all other covvrtes ys manifeste do make theire conueiance as heires in bloude the one to the other vvhiche yf they vvere coÌ„mon or priuate persones they coulde not be allovved in lavve they as ys vvell knowen beinge of the half bloude one to the other Nor that the executour shall haue the goodes and chatelle of the testatour that ys to vvitt begotten of one father but borne of sondrie mothers Yt ys also a generall rule in the lavve that the executours shall haue the goodes aÌ„d chattelles of the testatour and not the heire aÌ„d yet ys yt othervvise in the case of the crovvne for there the successor shall haue them and not the executour as appearethe in 7 H. 4 by Gascoine 7 H. 4. fo 43 11 H. 4 9. Yt ys likevvise a generall rule that a man Attainted of felonie or treason his heire throwghe the corruption of bloude Nor that a traitour is vnhable to take land by disceÌ„t withoute pardon vvithoute pardon and restitutioÌ„ of bloude ys vnable to take any landes by discente Which rule althowghe yt be generall yet yt extendethe not to the discente or succession of the crovvne althovvghe the same Attainder were by acte of ê‘liameÌ„te as maie appeare by the Attainder of Richarde Duke of yorke and kinge Edvvarde his sonne and also of kinge Henrie the seaueÌ„the whoe were attainted by acte of parliamente and never restored and yet no dishabilitie thereby vnto Edvvarde the fovvrethe nor vnto Henry the seaventhe to receave the crovvne by lavvfull succession But to thys you wolde seame to ansvvere in your saide booke saienge that Henry the seaventhe not vvithstandinge hys Attainder came to the crowne as cast vpon him by the order of the lawe For as muche that vvhen the crovvne vvas caste vpoÌ„ him that dishabilitie ceased Wherein ye confesse directlie that the Attainder ys no dishabilitie at all to the successioÌ„ of the crovvne For althovvghe no dishabilitie can be alleaged in him that hathe the crovvne in possession yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession then muste ye saie that he vvas not lavvfull kinge but an vsurper And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge and that the crovvne vvas lavvfullie caste vpon hym ye confesse directlie thereby that before he Was kinge in possession there vvas no dishabilitie in hym to take the crovvne by lavvfull succession hys saide Attainder not vvith standinge Whiche ys as muche as I vvolde vvishe you to graunte But in conclusion vnderstandinge your self that this your reason can not mainteine your intente you go abovvte an other vvaye to helpe your selfe An ansvvere to the aduersarie makiÌ„ge a difference betwene attaiÌ„der the birthe ovvte of the alleageance makinge a difference in the lavve betvvene the case of Attainder and the case of forren birthe ovvte of the kinges alleagance sainge that in the case of the Attainder necessitie dothe enforce the succession of the crovvne vpon the partie attainted For othervvise ye saie the crovvne shall not descende to anye But vpon the birthe ovvte of the kinges allegeance ye saie yt ys othervvise And for prouf therof ye put a case of I. S. beinge seased of landes and havinge issevve A and B. A ys attainted in the life of I. S. his father and after I. S. diethe A livinge vnrestored Novve the lande shall not descende either to A or B. But shall goe to the lorde of the fee by vvaye of eschete Othervvise yt had bene ye saie yf A had bene borne beyonde the sea I S. breakinge his allegeance to the kinge and after I S. cometh againe into the realme aÌ„d hathe issevve B. and diethe for novve ye saie B. shall inherite hys fathers landes Yf the crowne had bene holden of any person to whom yt might haue escheted as in your case of I S. the lande did Then paraduenture there had bene some affinitie betwene your saide case and the case of the crowne But there ys no suche matter Besides that ye muste consider that the kinge cometh to the crovvne not onlie by discente but also and cheifelie by succession as vnto a corporation And therefore ye might easelie haue sene a difference in your cases betvvene the kinges Maiestie and I S. a subiecte And also betwene landes holden of a lorde above and the crowne holden of no earthlie lorde but of God almightie onlie But yet for argumentes sake I wolde faine knowe vvhere you finde your difference aÌ„d vvhat aucthoritie you can shevve for the proof therof Ye haue made no marginall note of any aucthoritie And therefore vnlesse ye also saie that ye are Pythagoras I will not beleve your difference Well I am assuered that I can shewe you good aucthoritie to the contrarie And that there ys no difference in your cases Pervse I praie you 22. H. 6. and there maye you see the opinioÌ„ of Iustice NewtoÌ„ 22. H. â— fol. 43. that there ys no difference in your cases but that in bothe your cases the lande shall eschete vnto the lorde And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discente Where the eldeste sonne vvas borne beyonde the seas durste not abide in lavve vpon that title This aucthoritie ys againste your difference and this aucthoritie I am well assuerid ys better then any that you haue shewed to proue your difference But yf We shall admitt your difference to be accordinge to the lavve yet your cases Whervnto you applye your differeÌ„ce are nothiÌ„ge like as I have saiede before But to procede on in the proof of our purpose as yt dothe appeare The supposed maxime of the adâ—saries tovchethe not kinges borne beyoÌ„de the sea as appeareth by kinge Stephen and kiÌ„ge H. 2. that neither the kiÌ„ge nor his crovne ys bownde by theys general rules which before I haue shevved So do I like wise saie of all the residewe of the generall rules aÌ„d maximes of the lawe beinge in a maÌ„ner infinite But to retorne againe vnto your onlie supposed Maxime whiche you make so generall coÌ„cerninge the dishabilitie of persoÌ„s borne beyonde the seas yt ys verie plaine
that yt was never taken to exteÌ„de vnto the crovne of this realme of EnglaÌ„de as yt maie appeare by kinge StepheÌ„ by kinge HeÌ„rie the secoÌ„de who were both straÌ„gers FreÌ„ch meÌ„ And borne oute of the kiÌ„ges allegiaÌ„ce and neither vvere they the kinges children immediate nor theire pareÌ„tes of the allegiance And yet they haue bene alwayes accompted lawfull kinges of Englande nor theire title vvas by any man at any time defaced or comptrolled for any suche consideration or exceptioÌ„ of forren birthe And yt ys a worlde to see hovve you vvolde shifte your handes from the saide kinge Henrie Ye saie he came not to the crovne by order of the lavve The aduersaries obiectioÌ„ tovchinge kinge H. 2. avoided but by capitulatioÌ„ or agrement for as muche as his mother by whome he conveied hys title vvas then livinge Well admitt that he came to the crowne by capitulation duringe his mothers life Yet this dothe not proue that he vvas dishabled to receaue the crovvne but rather proveth his abilitie And althovvghe I did also admitt that he had not the crovvne by order of the lavve duringe his mothers life yet after his mothers deathe no man hathe hytherto dovvbted but that he vvas kinge by lavvfull succession and not againste the lavves and customes of this realme For so might you putt a dovvbte in all the kinges of this realme that ever gouerned sithens and driue vs to seake heires in Scotlande or elles where whiche thinge we suppose you are over vvise to goo abowte Besides this I haue harde some of the adversaries for farther helpe of theire intention in this matter saie that kinge Henrie the seconde vvas a Quenes childe and so kinge by the rule of the common lavve Trevvlie I knovve he vvas an Empresse childe but no Quene of Englandes childe For althovvghe Mavvde the Empresse his mother had a right and a good title to the crovvne and to be Quene of EnglaÌ„de Yet vvas she never in possessioÌ„ but kept from the possession by kinge Stephen And therefore kinge Henrye the seconde can not iustlie be saide to be a Quene of Englandes childe nor yet any kinges childe vnlesse ye wolde intende the kinges children by the wordes of infantes de Roy c. to be children of farder degree aÌ„d discended fom the right line of the kinge so ye might saie trevvlie that he vvas the childe of kinge Henrye the firste beinge indede the soÌ„ne and heire of Mavvde the Empresse davvghter and heire of kinge Henrie the firste As tovvchiÌ„ge Arthure kiÌ„ge Richardes nephewe Whereby your saide rule ys here fovvlie foiled And therefore ye Wolde faine for the maintenance of your pretensed maxime catche some holde vppoÌ„ Arthure the sonne of Ieffrey one of the sonnes of the saide Henrie the seconde Vt autem pax ista summa dilectio tam multiplici q arctiori viÌ„culo coÌ„nectaâ— pÌ„dictiscuriae vestriae magnatibê° id ex ê‘te vrÌ„a tractaÌ„tibê° dnÌ„odisponeÌ„te condiximê° intet Arthurum egregiuÌ„ ducem Britanniae nepoteÌ„ nostruÌ„ heredeÌ„ fi fortè sine ê“le obire nos coÌ„â—gerit filiaÌ„ vestraÌ„ matrimoniuÌ„ coÌ„trahenduÌ„ c. Ye saye then like a good and iolie antiquarie that he vvas reiected from the crovvne by cause he vvas borne ovvte of the realme That he vvas borne ovvte of the realme ys verie trevve but that he was reiected from the crovvne for that cause yt ys verie false Neither haue you any aucthoritie to proue your vaine opinion in this pointe For yt ys to be ê“ued by the cronicles of this realme that kinge Richarde the first vncle vnto the saide Arthure takinge his iorney tovvarde HierusaleÌ„ declared the saide Arthur as vve haue shevved before to be heire apparente * In tractatu pacis inter Rich. 1. TancreduÌ„ RegeÌ„ Siciliae vid. Rog. Hoâ—enden Richar. canonicuÌ„ sancta Trinitatis Londini vnto the crowne Whiche vvolde not haue bene yf he had bene taken to be vnhable to receaue the crowne by reasoÌ„ of foreÌ„ birthe And althovvghe kinge Iohan did vsurpe aswell vpoÌ„ the saide kinge Richarde the firste his eldest brother as also vpon the saide Arthur his nephevve yet that ys no proof that he vvas reiected by cause he vvas borne owte of the realme Yf ye colde proue that then had ye shewed some reason and presidente to proue your intente Whereas hitherto you haue sheued none at all nor I am Well assured shall euer be able to shevve Thus maye ye se geÌ„tle reader that neither this pretensed maxime of the lavve sett forthe by the aduersaries nor a greate noÌ„ber more as generall as this ys which before I haue sheued can by anye resonable meanes be stretched to biÌ„de the crovvne of EnglaÌ„de Theis reasons aÌ„d auctorities maye for this time suffice to ê“ue that the crowne of this realme ys not subiecte to the rules and the principles of the common lavve neither can be ruled and tried by the same Whiche thinge beinge trevve all the obiections of the aduersaries made against the title of Marie the Quene of Scotlande to the successioÌ„ of the crovvne of this realme are fullie ansvvered and thereby clierlie vviped avvaye Yet for farther argumentes sake and to the ende vve might haue all matters sifted to the vttermoste and therby all thinges made plaine Let vs for this time some vvhat yelde vnto the aduersaries admittinge that the title of the crovvne of this realme vvere to be examined and tried by the rules and principles of the common lavve aÌ„d then lett vs consider and examine farther whether there be any rule of the common lavve or elles statute that by good and iuste construction can seame to impugne the saide title of Marie the Quene of Scotlande or no. For tovvchinge her lineall descente from kinge Henrye the seauenthe and by his eldeste davvghter as we haue shevved there ys no man so impudeÌ„te to denie yt What ys there then to be obiected Amonge all the rules maximes aÌ„d iudgementes of the common lavve of this realme onlie one rule as a generall maxime ys obiected against her And yet the same rule ys so vntrevvlie sert forthe that I can not vvell agree that yt ys any rule or maxime of the comon lawe of this realme of Englande Your preteÌ„sed Maxime ys who soeuer ys borne ovvte of the realme of Englande A false maxime set forthe by the aduersarie and of father aÌ„d mother not beinge vnder the obedience of the kinge of Englande can not be capable to inheriteany thinge in EnglaÌ„de vvhich rule ys nothinge trevve but altogether false For euerie stranger and alien ys able to purchasse the inheritance of landes vvithin this realme as yt maye appeare in 7 7. E. 4. fol. 28. 9. E. 4. fo 5. 11. H. 4. fol. 25. 14. H. 4. f. 10. 9 of kinge Edvvarde the fovvrthe And also in 11 14 of kinge Henrie the fovvrthe And altovvghe the same purchasse ys of some men accompted to be to the vse of
the kiÌ„ge Yet vntill suche time as the Kinge be intitled ther vnto by matter of recorde the inheritance remaynethe in the alien by the opinioÌ„ of all men And so ys a verie alien capable of inheritance within this realme And then it muste nedes fall ovvte plainlie that your generall maxime vvhere vpon you haue talked and braged so muche ys novve become no rule of the common lavve of this realme And yf it be so then haue you vttered very many vvordes to small purpose But yet let vs see farther vvhether there be any rule or maxime in the coÌ„mon lavve that maye seame any thinge like to that rule Whervpon any matter maie be gathered against the title of the saide Marie Quene of Scotland There ys one rule of the coÌ„mon lavve in vvordes somevvhat like vnto that vvhiche hathe bene alleaged by the aduersaries Whiche rule ys sett forthe and declared by a statute made An. 25. of Kinge Edwarde the thirde Whiche statute recitinge the dovvbte that then vvas Whether infantes borne ovvte of the allegiance of Englande shoulde be able to demaunde any heritage vvithin the same allegiaÌ„ce or no Yt vvas by the same statute ordained that all Infantes inheritours Whiche after that time shoulde be borne owte of the allegiance of the kinge whose father and mother at the time of theire birthe were of the faithe and allegiance of the kinge of Englande shoulde haue and enioye the same benefittes and aduantages to haue aÌ„d carrie heritage within the saide allegiance as other heires shoulde Where vpon yt ys to be gathered by dewe and iuste construction of the statute and so hathe bene heretofore coÌ„monlie taken that the common lawe alwayes was and yet ys that no person borne owte of the allegiance of the kinge of Englande whose father and mother were not of the same allegiance shoulde be able to haue or demaunde any heritage within the same allegiance as heire to any person Whiche rule I take to be the same supposed maxime whiche the adâ—saries do meane But to stretche yt generallie to all inheritances as the aduersaries wolde seame to do by anie reasonable meanes caÌ„ not be The statute of Edvvard 3. anno 25. touchethe inheritaÌ„ce and not purchasse For as I haue saied before euery straÌ„ger and alien borne maye haue and take inheritance as a purchasâ—er And if an alien do marrie a woman inheritable the inheritance therby ys bothe in the alien and also in his wife And the alien therby a purchasâ—er No man dowbteth but that a denizen maye purchasse landes to his owne vse 11. H. 4. fol. 25. but to inherite landes as heire to any person vvith in the allegiance of Englande he can not by any meanes So that yt seamethe verie plaine that the saide rule bindethe also denizens and dothe onlie extende to discentes of inheritance and not to the hauinge of anie landes by purchasse Nowe will we then consider whether this rule by any reasonable coÌ„struction can extende vnto the ladie Marie the Quene of Scotlande for and concerninge her title to the crowne of EnglaÌ„d Yt hathe bene sayed by the aduersaries that she was borne in Scotlande whiche realme ys owte of the allegiance of Englande her father and mother not beinge of the same allegiance And therefore by the saide rule she ys not inheritable to the crowne of this realme Althowghe I might at the begininge verie vvell and orderlie denie the consequente of your argumente yet for this time we will firste examine the antecedente whether yt be trewe or no And then consider vpon the consequenâ—e That the Quene of Scotlande was borne in Scotlande Scotlande ys within the allegiaÌ„ce of Englande yt must nedes be graunted but that Scotlande ys owte of the allegiaÌ„ce of EnglaÌ„de thowghe the saide Quene of Scotlande and all her subiectes of Scotlande vvill stovvtely affirme the same yet there are a greate nomber of men in Englande both learned and others that be not of that opinion beinge ledd and persvvaded there vnto by diuers histories registers recordes aÌ„d instrumeÌ„tes of homage remaininge in the treasurie of this realme Wherin ys mentioned that the kinges of Scotlande haue acknovvledged the kinge of Englande to be the superiour lorde ouer the realme of Scotlande and haue done homage aÌ„d fealtie for the same Which thinge beinge trevve not vvithe standinge yt be comonlie denied by all Scottes men then by the lavves of this realme Scotlande muste nedes be accompted to be vvith in the allegiance of Englande And altowghe sins the time of kinge Henrie the sixt none of the kinges of ScotlaÌ„de haue done the saide seruice vnto the kinges of Englande Yet that ys no reason in our lavve to saye that therefore the realme of Scotlande at the time of the birthe of the saide Ladye Marie Quene of Scotlande beinge in the thirtie and fovverthe yeare of the reigne of our late Souereigne lorde kinge Henrie the eight vvas ovvte of the allegiance of the kinges of Englande For the lavve of this realme ys verie plaine that thovvghe the tenaunte do not his seruice vnto the lorde yet hathe not the lorde therby lost his seigneurie for the lande still remainethe within his fee and seigneurie that not with standinge The lorde losethe not his sâ—igniâ—rie though the tenaÌ„te dothe not his seruice But paraduenture some vvill obiecte and saye that by that reason FraÌ„ce shoulde likevvise be sayed to be with in the allegiance of Englande for as muche as the possession of the crovvne of France hathe bene vvithin a litle more then the space of one hundred yeares novve laste paste lavvfullie vested in the kinges of EnglaÌ„d Whose right and title still remainethe in the Quenes maiestie that novve ys To that there ys a greate difference betvvene the right and title vvhiche our Souereigne ladie claimethe to the realme of France aÌ„d the right and title vvhiche her highnes claimethe to the realme of ScotlaÌ„d Althowghe yt be trevve that the kinge of Englande hathe bene lavvfullie possessed of the crowne of France vvhose right and title by iuste and lavvfull succession ys deuolued vnto our saide Souereigne ladie Yet duringe suche time as her highnes by vsurpation of other ys dispossessed of the saide realme of France the same realme by no meanes can be saide to be with in her highnes allegeaÌ„ce especiallie coÌ„sideringe howe that sins the time of vsurpation the people of France haue wholie forsaken theire allegeance and subiection whiche they did owe vnto the kinges of EnglaÌ„de And haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the realme of Scotlande yt ys oterwise For the title which our Souereigne Ladie and Quene and her ê“genitours haue claimed vnto the realme of ScotlaÌ„de ys not in the possession of the lande and crowne of Scotlande but onlie vnto the seruice of homage and fealtie for the same And althowghe the kinges of Scotlande sithe the time of kinge Henrie the eight haue intermitted to
do the saide homage and fealtie to the kinges of England Yet for all that the kinges of ScotlaÌ„de can not by any reason or lawe be called vsurpers And thus maye ye see gentle Reader by the opinion of all indifferent men and not led by affection that the realme of Scotlande hathe bene and yet ys within the allegeance and dominion of Englande And so your antecedent or firste proposition false And yet that makethe no prouf that the realme of FraÌ„ce likewise shoulde nowe be saide to be with in the allegiaÌ„ce of our Souereigne Ladie the Quene of England by reason of the manifeste and apparente difference before sheued But what yf your antecedent were trewe aÌ„d that we did agree bothe withe the saide Quene of Scottes aÌ„d her subiectes aÌ„d also withe you that Scotlande were owte of the allegiance of Englande Yet yt ys verie plaine that your coÌ„sequente and conclusion can not by anye meanes be trewe The causes vvhy the crowne caÌ„ not be comâ—sed with in the preteÌ„ded maxime And that priÌ„cipallie for three causes Wherof one ys for that neither the kiÌ„ge nor the crowne not beinge especiallie mentioned in the saide rule or preteÌ„ded maxime can be inteÌ„ded to be with in the meaninge of the same maxime as we haue before sufficientlie ê“ued by a greate nomber of other suche like generall rules and maximes of the lawes An other cause ys for that the crwne caÌ„ not be taken to be with in the wordes of the saide supposed maxime And that for two respectes one ys by cawse the rule doth onlye dishable aliens to demaunde any heritage with in the allegiance of Englande which rule can not be stretched to the demaunde of the crowne of Englande which ys not with in the allegiance of Englande but ys the verie allegiance yt self As for a like example Yt ys trevve that all the landes vvith in the kinges dominion are holden of the kinge either mediatlie or immediatelie and yet ys yt not trevve that the crovvne by vvhiche onlie the kinge hathe his dominion can be saide to be holden of the kinge For withoute the crowne there can be neither kinge nor allegiance And so longe as the crovvne restethe onlie in demaunde not beinge vested in any person with ovte the crownethere caÌ„ neither be Kinge nor allegiaÌ„ce there ys no allegiance at all So that the crovvne can not be saide by any meanes to be vvith in the allegiance of EnglaÌ„de And therfore not within the wordes of the saide rule or maxime The title of the crovvne ys also ovvte of the vvordes and meaninge of the same rule in any other respecte And that ys by cause that rule doth onlie dishable an alien to demaunde landes by disceÌ„te as heire for yt dothe not exteÌ„de vnto laÌ„des purchassed by an alien as vve haue before sufficientlie proued 40. E. 3. f. 10. 13. E. 3. titlrÌ„e 264. 16. E. 3. iuraÌ„sde faiâ—e 17. E. 3. tit Scire fac 7 And then can not that rule extende vnto the crovvne beinge a thinge incorporate the right wherof dothe not desceÌ„de accordiÌ„ge to the comoÌ„ course or priuate inheritance but goethe by succession as other corporations do No man dowbtethe but that a prior alien beinge no denizen A Deane a Person a Priour beynge an alien maye demande laÌ„de in the right of his corporatioÌ„ might alvvayes in time of peace demaunde lande in the right of his corporatioÌ„ And so likevvise a deane or a person beinge aliens and no denizens might demaunde landes in respecte of theire corporations not vvith standinge the saide supposed rule or mxime as maye appeare by diuers booke cases as also by the statute made in the time of kinge Richard the seconde An. R. 23c 36. E 3. fo 21. tit droicte 26 lib. Assis. p. 54. 12. lib. Assis tit enf 9 H. 6 fol. 33 3 H. 6. fo 35. 5. E. 4 f. 71. 49 li. Ass. pag. 17 22. H. 6. fo 31 13. H. 8. fo 14 7 E. 4 f. 29 9 E. 4 f. â—0 And altovvghe the crovvne hathe alvvayes gone accordinge to the coÌ„mon covvrse of a discente Yet dothe yt not properlie desceÌ„de but succede And that ys the reason of the lavve that althovvghe the Kinge be more fauoured in all his doinges then any coÌ„mon person shal be Yet can not the Kinge by lavve auoide his grauntes and lettres patentes by reason of his nonage as other Infantes maye do but shall alvvayes be saide to be of full age in respecte of his * The kiÌ„ge ys alvayes at full age in respecte of hys crovvne crowne eauen as a person vicare or deane or any other person incorporate shal be Whiche can not by any meanes be sayed in lawe to be vvith in age in respecte of theire corporations Altowghe the corporation be but one yeare olde Besides that the kinge caÌ„ not by the lawe avoide the lettres patentes made by any vsurper of the crowne vnlesse yt be by acte of parliamente no more then other persons incorporate shall auoide the grauntes made by one that vvas before vvrongfullie in theire places and roumes Whereas in discentes of inheritances the lawe ys otherwise For there the heire maye auoide all estates made by the dissesor or abatour or anye other person vvhose estate ys by lavve defeated Wherby yt dothe plainlie appeare that the kinge ys incorporate vnto the crowne and hathe the same properlie by succession and not by discente only And that ys likewise an other reason to proue that the kinge and the crowne can neither be saide to be with in the wordes nor yet with in the meaniÌ„ge of the saide generall rule or maxime The thirde and moste principall cause of all ys for that the saide statute vvhere vpon the saide supposed rule or maxime ys gathered the children discendants and discended of the bloude royall by the vvordes of EnfaÌ„ts du Roy The Kings childreÌ„ are expresselye excepted froÌ„ the surmised maxime are expresseli excepted owte of the saide supposed rule or maxime Which wordes the aduersaries do muche abuse iÌ„ restrainiÌ„ge coÌ„struinge theÌ„ to extende but to the first degree onlie whereas the same wordes may verye vvell beare a more large and ample interpretation And that for three causes and considerations Firste by the ciuill lavve this vvorde Liberi vvhiche the vvordes Enfants beinge the vsuall and originall vvordes of the statute vvritten in the Frenche tongue counteruaileth dothe comprehende by proper and peculier signification not only the children of the first degree L. liberoruÌ„ de verborum signific ff but other discendants also In the lavve sayenge that he vvho ys manumissed or made free shall not commence any action againste the children of the patrone or manumissor vvithovvte licence L. sed si ff de in Ius vocaÌ„do instit de heredibus ab intest not only the first degree but the other also ys conteined The like ys vvhen the lavve of the twelve tables sayethe The firste place and roume of
magis Beside that I wolde faine knowe by what reason might a man saie that they of the kinges bloudd borne owte of the allegiance of Englande maye inherite laÌ„des with in this realme as heires vnto theire Auncetours not beinge able to inherite the crowne Trewelie in myne opinion yt were against all reason But on the coÌ„trarie side the verye force of reasoÌ„ muste driue vs to grauÌ„te the like Yea more greate aÌ„d ample priuilege and benefitt of the lawe in the successioÌ„ of the crowne For the royall bloude where soeuer yt be fownde The royall bloud bearethe hys honour withe yt wheresoeuer yt be will be taken as a praecious and singuler Iewell and will carrye with yt his worthie estimation aÌ„d honour with the people and where yt ys dewe his right with all By the ciuill lawe the right of the inheritance of priuate persons ys hemmed and ynched with in the baÌ„des of the tenthe degree Vide Ant. CorsetuÌ„ de potest excell regia q. 106 The bloude royall ronnethe a farther race and so farther race aÌ„d so farre as yt maye be fownde where withe the greate aÌ„d mightie coÌ„querers are gladde and fayne to ioyne with all euer fearinge the weaknes of theire bloudie sworde CoÌ„querers gladde to ioynewith the royall bloude in respecte of the greate streÌ„gth and force of the same For this cause was Henrie the firste called for his learninge aÌ„d wisdome Beauclerke gladde to consociate and cupple him selfe with the Auncient royall bloude of the Saxones Henrie the first which coÌ„tinewinge in the princely successioÌ„ from worthy kinge Alured was cutt of by the deathe of the good kinge Edwarde And by the marienge of Mathildis beinge in the fowrthe degree in liniaâ—l discente to the saide kinge Edwarde Was reuiued and revnited From this Edvvarde the Quene of Scottes as vve haue before shewed takethe her noble anciente petigrevve Theis then and diuers other reasons cavses moo maie be alleaged for the vvayeÌ„ge aÌ„d settiÌ„ge forthe of the trevve meaniÌ„ge inteÌ„te of the saide l. vve Novve in case theis tvvo cavses coÌ„sideratioÌ„s vvill not satisfie the adversarie We will adioyne ther vnto a thirde Whiâ—he he shall never by any good honeste shifte avoide And that ys the vse aÌ„d practise of the realme aswell in the time foregoinge the saide statute as after vvarde We stande vpon the interpretatioÌ„ of the coÌ„mon lavve recited declared by the saide statute And hovve shall vve better vnderstaÌ„de vvhat the lavve ys therin l. fi ff de le theÌ„ by the vse and practise of the saide lavve CoÌ„moÌ„ vse aÌ„d practise the beste interpretation of the lavve For the beste interpÌ„tatioÌ„ of the lawe ys custome But the realme before this statute admitted to the crovvne not onlie kinges children and others of the first degree but also of a farther degree And suche as vvere plainely borne ovvte of the kinges allegiaÌ„ce The foresaide vse and practise appearetheâ— EodeÌ„ Anno Rex cuÌ„ in diebus suis ê“cessissâ—â— AeldreduÌ„ VigornieÌ„sem EpÌ„um ad regem Hungar. traÌ„smitteÌ„s reuocauit inde filiuÌ„ fâ—is sui EdmuÌ„di Edvvardum cuÌ„ tota familia sua vt vel â—pse vel filij eiê° sibi succederent in regnum Flor. â—ist An. 1057 â–ª Flor. hist. 1066. vell before as sithens the time me of the conqueste Amonge other kinge Edvvarde the coÌ„fessour beinge destitute of a lavvfull heire vvith in this realme sent iÌ„to HuÌ„garie for Edward his nepheve surnamed Owtlavve sonne to kinge Edmunde called IroÌ„side after many yeares of his exile to retorne into EnglaÌ„de to the intente the saide Ovvtlavve shoulde inherite this realme which neverthelesse came not to effecte by reason the saide Ovvtlavve died before the saide kinge Edward his vncle After vvhose deathe the saide kinge appointed Eadger EtheliÌ„ge soÌ„ne of the saide Ovvtlavve beiÌ„ge his nexte cosen aÌ„d heire as he vvas of right to the crovvne of EnglaÌ„de And for that the saide Eadgar vvas then but of yoÌ„ge and reÌ„der yeares aÌ„d not able to take vpoÌ„ him so greate a gouernemente the saide kinge coÌ„mitted the protection asvvell of the yonge PriÌ„ce as also of the realme to Harold Earle of kente vntill suche time as the saide Eadger had obteined perfecte age to be able to Weilde the state of a kinge Aelred RhievaleÌ„s de regib Which Harolde neverthelesse coÌ„trarie to the truste supplaÌ„ted the saide yoÌ„ge Prince of the kingdome Anglor ad regem Henr. 2. aÌ„d putt the crovne vpoÌ„ his owe head By this yt ys apparante that forrain birthe was not accompted of before the time of the coÌ„queste a iuste cause to repell and reiecte any man beinge of the nexte proximitie in bloude from the title of the crowne And thowghe the saide kinge Edwarde the confessors will aÌ„d purpose toke not suche force aÌ„d effecte as he desidered and the lawe craued yet the like successioÌ„ toke place effectuouslie in kinge StepheÌ„ and kinge Henrie the seconde Kinge Stephen and k. H. 2. as we haue alredie declared Neither will the aduersaries shifte of forriners borne of father and mother which be not of the kinges alleageance helpe him For as muche as this clawse of the saide statute ys not to be applied to the kinges childreÌ„ The adâ—er saries seamed by imaginatioÌ„ that kinge HeÌ„ry the 2 shouldecome to the crowne by compositioÌ„ aÌ„d not by ê“ximitie of bloudâ— but to others as appearethe in the same statute And theis two kinges Stephen and Henrie the seconde as they vvere borne in a forraine place so theire fathers and mothers vvere not of the kinges alleageance but mere aliens and strangers And hovve fonde notoriouse a vaine thinge yt ys that the aduersarie vvolde persvvade vs that the saide kinge Henrie the secoÌ„de rather came in by force of a composition then by the proximitie and nearenes of bloude I leaue yt to everie man to consider that hath any manner of fealinge in the discourse of the stories of this realme The composition did procure him quietnes aÌ„d reste for the time vvith a good and suer hope of quiet aÌ„d peaceable entraÌ„ce also after the death of kinge StepheÌ„ And so yt follovved in * Rex Stepha nê° cuÌ„ hereâ—â— viduatuspÌ„ter solummodo duceÌ„ HenricuÌ„ recogâ—ouit in coÌ„ueÌ„tu â—piscopoâ—uÌ„ alioruÌ„ de regno optimatuÌ„ ê™ dux HeÌ„ ius hereditariuÌ„ in regnuÌ„ Angliae habebat dux benigne concâ—ssit vt Rex Stephanus tota vita sua suuÌ„regnuÌ„ pacifice possideret â—ta tameÌ„ coÌ„firmatuÌ„ est pactuÌ„ qd ipse rex ipsi tune pÌ„seÌ„tes cuÌ„ caeterisregni optimatibus iurareÌ„t qd dux H. post morteÌ„ regis 〈◊〉 superuiueret reguuÌ„ fine aliqua contradictione obtineret deede but there grevve to him no more right thereby theÌ„ was duë to him before for he was the trewe heire to the crowne as appearethe by Stephen his aduersaries ovvne confession Henrie the firste married his davvghter Mathildie to Henrie the Emperour by vvhom he had no children
have declared and against the coÌ„mon lawe The which must not be thowght by this statute any thinge taken awaye but onlie declared and against all good reason also For as we wolde haue thowght this realme greatelie iniured yf yt had bene defrawded of Spaine or any of the foresaide contreies beinge devolued to the same by the foresaide mariages As we thincke our self at this daie iniured for the with holdinge of France so the issewe of the foresaide noble womeÌ„ might aÌ„d wolde have thowght them hardly and iniuriouslie handled yf any suche case had happened Neither suche frivelouse interpretation gloses as this man nowe framethe and makethe vpon the statute Wolde then haue served nor nowe will serve But of all other hys frivelouse and folishe ghessinge vpon the cause of the statute for Enfans du Roy A foÌ„de imaginatioÌ„ of the adâ—sarie of the statute 25. â— 3. there â—s one moste foÌ„de of all for he wolde make vs beleave suche ys the maÌ„s skyll that this statute towchinge Enfants du Roy was made for the greate bowbte more in them then in other persoÌ„s tovvchinge theire inheritaÌ„ce to theire Auncesters For beinge then a maxime saieth he in the lavve that none coulde inherite to his Auncesters beinge not of father aÌ„d mother vnder the obedience of the kinge seinge the kinge him self coulde not be vnder the obedieÌ„ce yt plainlie seamed that the kinges childreÌ„ vvere of farre vvorse conditioÌ„ then others and quite excluded And therefore he sayethe that this statute vvas not to geue them any other priuilege but to make theÌ„ equall vvith other And that therefore this statute tovvchinge the kinges children ys rather in the superficiall parte of the vvorde then in effecte Nowe amoÌ„ge other thinges he saiethe as vve haue shevved before that this vvorde Enfants du Roy in this statute mentioned muste be taken for the childreÌ„ of the first degree Whiche he seamethe to proue by an note taken ovvte of maistre Rastall There was no dovbte made off the kinges children borne beyonde the seas But to this vve ansvvere that this man svvetly dreamed vvhen he imagined this fonde and fantasticall exposition And that he shevvethe him selfe a verie Infante in lawe and reasoÌ„ For this was no Maxime or at leaste not so certaine before the makinge of this statute vvhiche geauethe no nevve right to the kinges children nor answerethe any dowbte towchinge them and theire inheritance But saiethe that the lawe of the crovvne of Englande ys and alwayes hathe bene vvhich lavve sayethe the kinge saye the lordes saye the coÌ„mons we allowe and affirme for euer that the kinges children shal be hable to inherite the landes of theire Auncesters vvhere so euer they be borne All the dovvbte vvas for other persons as appearethe euideÌ„tlie by the tenour of the Statute vvhether by the coÌ„moÌ„ lavve they beinge borne ovvte of the allegeaÌ„ce vvhere heritable to theire Auncesters And yt appearethe that the aduersarie ys driuen to the harde vvall vvhen he ys fayne to catche holde vpon a felye poore marginall note of Maistre Rastall of the kinges children and not of the kinges childres children Whiche yet nothinge at all seruethe his purpose towchinge this Statute But he or the printer or who soeuer he be As he draweth ovvte of the texte manye other notes of the matter therein comprised So vpon theis frenche vvordes Les Enfants du Roy he noteth in the margente the kinges children But howe farre that vvorde reachethe he sayethe neither more nor lesse Neither yt ys any thinge preiudiciall to the saide Quenes right or title Whether the saide vvordes Infantes owght to be taken stritkelie for the first degree or farther enlarged For yf this statute towchethe onlie the successioÌ„ of the kinges childreÌ„ to theire Auncesters for other inheritaÌ„ce aÌ„d not for the crowne as moste men take yt aÌ„d as yt maye be as we have saide verye well taken and allowed Then doth this supposed Maxime of forraine borne that seameth to be gathered owte of this statute nothinge anoye or hinder the Quene of Scottes title to the crowne as not ther to apê‘teininge On the other side if by the inheritaÌ„ce of the kinges childreÌ„ the crowne also ys meÌ„te yet neither maye we eÌ„force the rule of forraine borne vpoÌ„ the kinges childreÌ„ Which are by the expresse wordes iÌ„ the Statute excepted Neither iÌ„force the worde EnfaÌ„s to the first degree only Thys statute towchethe not the Quenâ— of Scottes as one not borne beyonde the seas For suche reasoÌ„s presideÌ„tes aÌ„d exaÌ„ples aÌ„d other ê“uffes largely by vs before set forthe to the coÌ„trarie SeiÌ„g that the right of the crovne fallinge vpoÌ„ them they maye well be called the kiges childreÌ„ or at leaste childreÌ„ of the crowne There ys also one other cause why thoughe this Statute reache to the crowne aÌ„d maye aÌ„d owght to be exded of the same the saide Quene ys owte of the reache and compasse of the saide statute For the saide statute can not be vnderstaÌ„ded of any persons borne in ScotlaÌ„de or wales but onlie of persons borne beyoÌ„de the sea owte of the allegeance of the kinge of Englande That ys to witt France Flawnders and suche like For Englande ScotlaÌ„de and wales be all within one territorie and not devided by any sea And all olde recordes of the lawe concerninge seruice to be done iÌ„ those two contreyes haue theys vvordes Infra quatuâ—r maria within the fower seas which must nedes be vnderstande in Scotlande and vvales asvvell as in Englande by cavvse they be all with in one continente compassed vvithe fower seas And likevvise be manye Anciente statutes of this realme written in the Norman frenche Whiche have theis vvordes Deins lez quatre mers that ys vvithin the fower seas Now concerninge this statute the title of the same ys of those that are borne beyoÌ„de the sea the dowbte moved in the corps of the saide Statute ys also of children borne beyonde the sea owte of the alleageance with diuers other branches of the Statute tendinge that vvaye Whereby yt seamethe that no parte of the Statute tovchethe theis that are borne in wales or Scotlande Vide statuta vvallie in magna carta And albeyt at this time and before in the reigne of Edwarde the firste Vvales vvas vnder the allegeaÌ„ce of Englande before yt vvas vnited to the crâ—nve wales vvas fullie reduced anexed aÌ„d vnyted to the proper dominion of Englande yet was yt before subiected to the crowne and kinge of Englande as to the lorde and Seignour aswell as Scotlande Wherefore yf this Statute had bene made before the time of the saide Edwarde the firste yt seamethe that yt coulde not haue bene stretched to wales nomore then yt can novve to Scotlande I do not therefore a litke marvaile that ever this man for pure shame coulde finde in his harte so childishelie to wrangle vppon this vvorde Enfants and so openlie to detorte deprave and corrupte the
common lawe and the actes of parliamente And thus maye you see gentle Reader that nothinge can be gathered eyther ovvte 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 seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes of and to the crowne of this realme of Englande as ys aforesaide We are therefore nowe laste of all to consider Whether there be any statute or acte of parliamente that dothe seame either to take awaye or preiudice the title of thâ— saide Ladie Marie And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde beinge onlie a declaration of the common lavve we haue alredie sufficieÌ„tlie answered â–ª We will passe yt over and consider vpon the Statute of 28. 36. of kinge Henry the eight beinge the onlie shoteanker of all the adversaries Whether there be any matter therein conteined or dependinge vpon the same that can by any meanes destroyâ— or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande The statutes of kiÌ„ge H. 8. towchinge the succession of the crovvne Yt dothe appeare by the saide Statute of 28. of kinge HeÌ„rie the eight that there was aâ—cthorie geaven him by the same to declare limitte appointe and assigne the succession of the crowne by hys lettres patentes or by hys laste will signed with his owne hande Yt appearethe also by the foresaide Statute made 35. of the saide kinge that yt vvas by the same enacted that the crowne of this realme shoulde goe and be to the saide kinge and to the heires of his bodie lawfullie begotten that ys to saye vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife begotten and for defaulte of suche issewe then vnto the Ladie Marie his dawghter and to the heires of her bodie lawfullie begotten And for defaulte of suche issewe theÌ„ vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys and to the heires of her Maiesties Bodie Lawfullie begotten And for defaulte of suche issewe vnto suche person or ê‘sons in remaynder or reversioÌ„ as shoulde please our late Sovereigne Lorde kinge Henrie the eight and accordinge to suche estate and after suche manner order and coÌ„dition as shoulde be expressed declared named and limited in his highnes lettres patentes or by his laste will in vvritinge seigned vvith his owne hande By vertue of whiche saide acte of parliamente the aduersaries do alleage that the saide late kiÌ„ge HeÌ„rie the eight afterwarde by his laste will in writiÌ„ge signed with hys owne haÌ„de did ordaine and appointe that yf yt happen the saide Prince Edwarde Ladie Marye and Ladie Elizabethe to dye withowte issewe of theire bodies lavvfullie begotten then the crovvne of this realme of EnglaÌ„de shoulde goo and remayne vnto the heires of the bodie of the Ladie Fraunces his nece and the eldeste davvghter of the Franche Quene And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten And yf yt happened the saide Ladye Elenour to die withovvte issevve of her bodye lawfullie begotten to remaine and come to the next rightfull heires Wher vpon the aduesaries do inferre that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances and to theire heires accordinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight And not vnto the Ladie Marie Quene of Scottes that novve ys â—n aÌ„swere to the foreâ—ide statutes To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande And that therefore the saide vvill can not be any whitte pÌ„iudiciall to the saide Quene Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill yt ys replied by the aduersaries Firste that there vvere diuers copies of his vvill fovvnde signed with his owne hande The effecte of the aduersaries ArgumeÌ„tes for the exclusion of the Q. of Scots by a pÌ„tensed will of kin H. 8. or at the leaste wise enterlined and some for the moste ê‘te vvritteÌ„ withe his owne hande Owte of the vvhich yt ys likelie that the originall vvill coÌ„monlie called kinge Henrie the eightes will was taken aÌ„d fayer draweÌ„ owte Then that there be greate aÌ„d vehemeÌ„te presumptions that for the fatherlie loue that he bare to the common vvealthe and for the auoidinge of the vncertentie of the succession he vvell liked vpon and accepted the auctoritie geauen him by parliament and signed with his owne hande the saide originall vvill which had the saide limitation aÌ„d assignatioÌ„ of the crowne And theis presumptions are the more enforced for that he had no cause vvhie he shoulde beare any affectioÌ„ either to the saide Quene of ScotlaÌ„de or to the Ladie Lenneux And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children But to putt the matter quite owte of all ambiguitie and dowbte Yt appeare the they saye that there were eleuen witnesses purposelie calledd by the kinge Who were presente at the signinge of the saide will aÌ„d subscribed theire names to the same Yea the cheif lordes of the couÌ„saile were made aÌ„d appointed executours of the saide will And they aÌ„d other had greate legaties geaueÌ„ theÌ„ in the saide will vvhich vvere paide and other thinges coÌ„prised in the vvill accoÌ„plisshed accordinglie There passed also purchases aÌ„d lettres pateÌ„tes betwene kinge Edwarde and the executours of the saide vvill and others for the execution and performance of the same Finallie the saide testamente was recorded in the chauncerie Wherefore they affirme that there owght no manner of dowbte move any maÌ„ to the coÌ„trarie And that either we muste graunte this will to be signed vvith his haÌ„de or that he made no vvill at all Bothe muste be graÌ„ted or bothe denied Yf any will denye yt in case he be one of the vvitnesses he shall impugne his owne testimony Yf he be one of the executours he shall ouerthrowe the fowndation of all his doinges in ê“curinge the saide will to be inrolled and sett forthe vnder the greate seale And so by theyr dubblenes they shall make theÌ„ selues no mete witnesses Nowe a maÌ„ can not ligthlie imagine how any other besids theis two kiÌ„des of witnesses for some of theÌ„ aÌ„d of the executours were suche as were coÌ„tinually waytinge vpoÌ„ the kinges ê‘son maye impugne this will and proue that the kinge did not signe the same but yf anie suche impugne the saide will Yt vvolde be coÌ„sidered howe manye they are aÌ„d vvhat theire are And yt wil be verye harde to proue Negatiuam facto But yt ys euideÌ„te saye theye that there was neuer any
2. 21 E. 4. fol. 97. 7 H. 7. fo 15. Yf therefore any deede dothe wante that speciall clause and mention althowghe the partie in deede hathe putt his seale vnto the same yet ys that deede or specialtie voyde iÌ„ lawe So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same and farther dothe appointe to carrie or driue the same distresse vnto the povvnde 9. E. 4 fo 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and seruices Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie 29 H. 6. fol. 6. or yf he shall labour occupie the chattelles distrained 29. li. Assiar The distresse so taken by him ys iniuriouse and vvrongfull in lavve p. 64 For as muche as he hathe not done accordinge to the prescribed order of the lavve The statute made Anno 32. H. 8. geuethe aucthoritie vnto tenaÌ„te in tayle and to others beinge seased of lande in the right of theire vviues or churches to make leases of the same Wherein also a prescripte order and forme for the same ys sett forthe Yf any of the saide persons shall make any lease wherein he dothe not obserue the same prescribed order in all pointes the same lease ys not vvarented in any point by the saide statute Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of laÌ„de appointethe a forme and order for the same 27. H. 8. cap. 10. that ys they muste be by vvritinge indeÌ„ted sealed aÌ„d enrolled vvithin sixe monethes next after the dates of the same vvritinges Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted the same ys vitious aÌ„d voide in the lavve So likevvise the statute made in An. 32. H. 8. geaueth aucthoritie to dispose laÌ„des and tenemeÌ„tes by laste vvill and restamente in vvritinge 32. H. 8. cap. 1. Yf a man do demisse his laÌ„de by his laste vvill restameÌ„te nuncupatiue vvithovvte vvrittinge this demise is insufficieÌ„te in lavve aÌ„d ys not warranted by the saide statute We leue of a nomber of like cases that we might multiple in the proufe of this matter Wherein vve haue tarried the longer by cause the adâ—saries make so greate a countenaÌ„ce therevpon And by cause all vnder one yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parliamentes by his lettres patentes signed vvith his hande Which ys nothinge else but a declaration and affirmaÌ„ce of the coÌ„mon lawe And no newe aucthoritie geven to him to do that he coulde not do before or any forme praescribed to binde him vnto Besides that in this case there ys no feare in the worlde of forginge and counterfeytinge the kinges hande Where as in the testamentarie cause yt ys faâ—re other wise as the worlde knovvethe and dailie experience teacheth And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande yt can not any vvaye hurte or hinder the iuste right aÌ„d clayme of the Quene of Scotlande to the succession of the crovvne of Englande Nowe supposinge that neither the Lorde Pagett nor Syre Edvvarde Mountegevve aÌ„d willim Clarke had testified or published any thinge to the infringinge and overthrowinge of the aduersaries assertioÌ„ towchinge the signinge of the saide will Yet ys not therebye the Quene of Scotlandes title altogether hindered For she yet hathe her iuste aÌ„d lawfull defeÌ„ce for the oppugninge of the saide Assertion aswell againste the persons and saienge of the witnesses yf any shall come forthe as otherwise she maye iustlie require the saide will to be browght furthe to light and especiallie the signinge of the same vvith the kinges hande to be dewly and consideratelie pondered weied and conferred She hathe her iuste defence and exceptions and muste have And yt were against all lawes and the lavve of nature yt self to spoile her of the same And all good reason geavethe that the saide originall will standinge vpon the triall of the kâ—nges hande be exhibited that yt maye be compared vvith his other certaine and well knowen hande writinge and that other thinges maye be done requisite in this behalf But yet all this notwithstandinge lett vs nowe imagine and suppose that the kinge him self whose harâ—e and hande Were dovvbtelesse farre from any suche doinges Lett vs yet I saie admitte that he had signed the saide Will vvith his ovvne hande Yet for all that the aduersaries parchance shall not finde no not in this case that the Quenes iuste title right and intereste dothe any thinge fayle or quayle The supposed will caÌ„ not preiudice the Q. of Scottes thovvghe yt had bene signed vvith the Kinges ovvne hande Or rather lest vs vvithovvte any perchance saye the iustice and aequitie of her cause and the invincible force of trevvthe to be suche that neither the stampe nor the kynges ovvne hande can beare and beate yt dovvne Which thinge we speake not vvith ovvte good probable and vveightie reasons Neither do vve at this time minde to debate and discovvrse vvhat povver and aucthoritie and howe farre the parlamente hathe yt in this and like cases Which parchance some other vvolde here do We vvill onlie intermedle vvith other thinges that reache not so farre nor so highe and seame in this our presente question vvorthie and necessarie to be considered And firste before we entre into other matters vve aske this reasonable and necessarie question Whether theis generall vvordes vvhereby this large and ample aucthoritie ys conueyed to kinge Henrie muste be as generallie and as amplie taken or be restrained by some manner of limitation aÌ„d restriction agreable to suche mynde and purpose of the parliamente as muste of verie necessitie or greate lykelyhodde be construed to be the verye mynde and purpose of the sayde parliamente Ye will saye perchance that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte exception sauinge for the owtewarde signinge of the will Trewthe yt ys there ys nothynge elles expressed But yet was there some thinge elles principallie intended and yet for all that there must nedes be some qualification aÌ„d restraiÌ„t of the generall words of the statute neaded not to be specified The owtewarde manner was so speciallie and preciselie appointed and specified to auoide suspitious dealinge to auoide corruption and forgerie And yet vvas the vvill good and effectuall vvithowte the kinges hande Yea and the assignation to had bene good had not that restrainte of the kinges hande bene added by the parliamente But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the vvordes were they neuer so large and ample there ys thowghe nothinge were spoken therof an ordinarie helpe and remedie otherwise
⧠A defence of the honour of the right highe mightye and noble Princesse Marie Quene of Scotlande and dowager of France with a declaration aswell of her right title intereste to the succession of the crowne of Englande as that the regimente of women ys conformable to the lawe of God and nature ⧠Imprinted at London in Flete strete at the signe of Iustice Royall against the Blacke bell by Eusebius Dicaeophile Anno Dom. 1569. ⧠THE AVTHOVR TO THE GENTLE READER IT ys not vnknowen to the geÌ„tle Reader beinge an Englishe man vvhat greate contention hathe of late risen in Englande what talke and vvritinge haue bene towchinge the ryght of the Quene of ScotlaÌ„de to the succession of the crovne of EnglaÌ„d what hote scholes and disputations haue bene kepte in manye places here towchinge the right heire apparente of the crowne of Englande yf God call to his mercie our gratiouse Quene Souereigne Elizabethe with owte issewe of her bodye Neither hathe this sturre stode withe in the liste of ernest and feruente talke of eche side but men haue gone on farther and haue aswell by printed as vnprinted bookes done theire indeuour to disgrace blemishe and deface as muche as iÌ„ them liethe the iuste title claime and intereste of the noble and excellente Ladie Marie Quene of Scotlande to the foresaide crowne Yea they haue in vtteringe theire grosse ignoraÌ„ce or rather theyr spitefull malice againste her grace ronne so on headlonge that they haue expressely denied and refused all womanlye gouernemente All vvomans regiment refused of some Amonge other one of theys rashe hote hastie and headye companions hathe caste abrode abowte Iulye last a poysoned pestiferous pamflett against the saide Quenes clayme and interest Wherein he auouchethe also that the ciuill regimente of women ys repugnante bothe to the lawe of nature and to the lawe of God It ys more ouer well knowen to all Englande and Scotlande what a busines and sturre there hathe bene what earnest vehemente and violeÌ„te talke what false fained and forged reportes and opprobriouse slaunders haue bene bruted as well in the one as in the other realme againste the sayde vertuouse good innocence Ladye and Quene by the craftie maliciouse drifte of her rebelliouse subiectes Who haue not onlye blowne abrode and filled mennes eares with lothesome and heynouse accusations against her grace towchinge the slawghter of her late deare husbaÌ„de But haue also vpon this false slaunderouse crimination taken armes agaiÌ„st her emprisoned her spoyled her of all maÌ„ner her costelye apparell Iewelles and also bereaued her of her princelye and Royall aucthoritie intrudinge them selues into the same vnder the name and shadowe of the yonge Prince her sonne Towchinge all theys poinctes ye shall haue nowe good reader in this treatise followynge deuided in to three bookes The contentes of the bookes followiÌ„ge an answere And for as muche as Salomon writethe and this good Ladye so takethe yt that a good name ys to be praised and valewed aboue all pretiouse oyntementes Ecclesi 7. aboue all golde and syluer Proue 22. and that the impayringe of her honour by theys fowle and slawnderouse reportes dothe towche and nippe her harte nerer then maye the losse of anye worldelye honour hanginge vpon her by expectation or that she hathe enioyed or dothe presentlye enioye or any other greauouse iniuries that she hathe most wrongfullye but most pacientlye suffred Yt ys thowght good that the defence of her honour shoulde forgoe the other two bookes wherof the former entreatethe debatethe and discussethe the right title and interest of the sayde Quene Marye to the succession of this crowne of Englande Declaringe her sayde right and title to be good and lawfull by the common lawe of this realme and the actes of parliameÌ„te therein holdeÌ„ with a full answere of suche obiections as the aduersaries laye forthe against her saide right by coulour of the saide lawe or parliamentes And for as muche as with our foresaide newe fouÌ„de doctour neither common lavve nor actes of parliamente seame to serue for a sufficiente plea but that we are by him driuen also to pleade by the lavve of nature and by scripture We haue adioyned in the thirde booke a coÌ„ueniente answere to this fonde fantasticall and daungerous assertioÌ„ as well to the states of other Princes as to the state of his and our gratiouse Souereigne Wherein we auouche womans regimeÌ„te to be coÌ„formable bothe to the lawe of God and the lawe of nature Which tretise maye seme ê‘chance to some as superfluous neither I greatlye denye yt and there fore might and vvolde gladlye haue spared so muche labour and trauaile yf this litle poisoned pamflett had not manye readers and many also fauorers and allowers or yf the matter did not so nighe towche euen our owne gratious and noble Souereigne or yf this lewde assertion were not as yt were by a Sampsons poste vvithe the countenance of the lawe of nature and Godes holye vvorde vnderpropped or yf that Godes holye vvorde were not nowe a dayes wretchedlye applied God reforme yt and licenciouslye vvreathed vvrested to the maintenaunce of euerye priuate maÌ„s fansie and follye and as fondelye and folisshelie credited embraced also of other fantasticall persons or yf this man were the first Se the first Blaste or like to be the lâ—ste mainteyner and setter forthe of suche a straÌ„ge and daungerous Paradoxe Or yf there haue not alredy bene publisshed and divulged by printe englishe bookes for the maintenance of the saide strange doctrine Which vvas yf vve shall creditt the setters forthe of yt firste well coÌ„sidered then aduisedlye allowed by suche persons as a greate multitude of people in manye contreyes do nowe greatlye esteme and honour or yf the daunger of this doctriÌ„e stretched not to many other greate Princes and kingdomes or to conclude yf the divulgation of this doctrine stode onlye in Englishe Bookes and that there vvere not Bodinus in metho ad cognit hisstor that haue shewed theire fonde fansie therein euen in the latin and most common tongue of all For theys and other causes vve haue sett in the last booke a confutation of this grosse and dangerous error where as also he eÌ„ueyethe most slanderouselye against her highnes for the foresayde slaughter vvith bare naked but spitefull reproches and oute cries with ovvte anye manner of kinde or countenance of good proufe we will referre the Reader to the foresaide defence of her honour By the which ansvvere ye shall see her integritie innocencie and vvith all that her accusers have in this matter played suche a Tragedie agaynst they re gwyltles Ladie and gratiouse Sovereigne as lightlie the worlde hathe not harde of the lyke The whiche theire false slaunderouse The commeÌ„dations of diuers kinges for releauinge of other PriÌ„ces beinge in extremitie owtragiouse rebelliouse doynges yt ys hoped that our gratiouse Quene wyll well consider and ponder and wyll take
some conveniente order also aswell for the repressinge of them as for the restitution of the sayde Quene Marie into her owne realme And the rather bycause our saide Quene ys learned and therefore not ignorante what greate coÌ„meÌ„dation and immortall fame manie kynges haue purchased to them selves for suche benefitt bestowed vpon other Princes beynge in the like distresse and extremitie The monumeÌ„tes of antiquitie as well prophane as Ecclesiasticall are filled withe the memorie of suche noble factes In holye scripture we reade that Abraham cowragiouselie and manfullie delivered hys brother Lothe Genes 14. whith certaine Kynges taken prisoners by they re enimies Esdrae â–ª 1. Cyrus deliuered the Iewes from captiuitie 4. Reg. c. vlt. Evelmerodache delivered Ioachim the Kynge of Iuda ovvte of prison 1 Machab. 15. The Romans dyd write to divers Kynges in the favour of the Ievves vniustlie oppressed What shall I speake of Alexander the greate that restored Ada the Quene of Caria Or of the foresaide Romans that restored Masinissa the Kynge of Numidia with manie other Kynges Or of our noble Cordell that sett vp agayne in the Royall throne of our Britannie her father driuen from thence by hys two other vnkinde and vnnaturall dowghters Some Princes of this our realme haue in they re greate calamitie amoÌ„ge other kinge Henrie the sixte fownde muche coÌ„forte freÌ„dshippe succour and relief at the kinges handes of Scotlande This Ladie Quene desierethe nowe to taste the like at our Quenes handes Whereby she shall winne greater commendation then did Charles the late Emperour for restoriÌ„ge either of FraÌ„cis Sfortia to the dukedome of Millane or of Muliasses to the kiÌ„gdome of Tunes or of his soÌ„ne kinge Philippe for ê“curinge the restitution of the Duke of Sauoye For this Ladye and Quene ys her most nighe neighbour by place And her nighe cosen and sister by bloude She ys a Quene and therefore this vvere a fitt benefitt for her relief from a Quene Yea she ys as yt were her dawghter bothe by dawghterlye reuereÌ„ce she bearethe her maiestie and by reason she ys of God called to the daughters place in the succession of the crowne yf her maiestie faile of issewe And I dowbte nothinge yf she imploye this motherlye benefitt vpon her but that she shall finde her a myndefull thankfull an obediente dawghter For of all women in this vvorlde she abhorrethe ingratitude She hathe hitherto depended onlye vpon the hope The greate truste that the Quene of Scottes hathe euer had in her deare sister the Quene of EnglaÌ„d to haue helpe and succour of her maiestie geuinge ouer partelye voluntarie partelye at the motion of her maiestie diuers profers of ayde and succour by other mightie and puissante Princes her frendes frelye to her offered reposinge her self vpoÌ„ the fayre and princelye promises that her Maiestie hathe made to her sondrye tymes aswell by lettres as by messengers for her relief when so euer oportunitie shoulde occasion her to craue yt For theys and manye other coÌ„siderations there ys good hope as ys a foresayde that our gratiouse Maistresse will take in hande her restitution Wher vpon I trust shall followe suche farther and entire amitie betwene them bothe and theire realmes that the benefitt fruite and commoditie therof shall plentifullye redowne aswell to all the posteritie of bothe the sayde realmes heare after as to vs presentlie ⧠The printer to the reader I Require aÌ„d hartelie praye the good and louinge reader that yf in this praesent Boke thou finde any alligation not dewlye coted or a poinct out of place a lettre lackiÌ„g or other wise altered as n for u and suche littill light faultes against orthographiae thov wilt neither impute the same to the authour of this worthie Worke nor yet captiouslye controule the errour but rather of thy humanitie and gentilnes amende that which is amisse with thy penne For if thou diddist knowe with what difficulté the imprinting herof was atchiued thou woldest rather curtouslye of frendlye faueur pardon many greate faultes than curiouslye withe rigorouse censure to condemne one litle Christe kepe the in his faithe and feare praesentlie and perpetuallye Amen ⧠A DEFENCE OF THE HONEVR OF THE ryght hyghe ryght myghtye and noble Princesse Marie Quene of Scotlande aâ—d Dowagere of France The fyrste Booke IT WERE to be wisshed that as God and nature hathe moste decentlie ordinatelie and providentlye furnisshed and adorned man with two eyes whie that nature hathe geven co man too eyes and tvvo eares aud but on tongue two eares and butt withe one mowthe and one tongue woÌ„derfulye brydled and kepte in with the lippes the teathe â–ª So men wolde coÌ„sider the cause of yt aÌ„d the greate prouideÌ„ce of God therein And after dewe consideration vse them selues accordingelie Then shoulde we sone learne and practise a good lesson to heare and see manye thynges and yet not to rune headloÌ„ge nor rudelie aÌ„d rashelie to talke of all we here and see But to talke within a coÌ„passe and to referre all our talke to a temperancie and sobrietie and to a knoven tryed trevthe especiallie where the sayde talke maye sownde to the blemishinge and disgracinge of anie mans good name and estimatioÌ„ But nowe a daies the more pittie thereis nothinge almoste but that as sone as yt ys perceaued by the eye or eare must forthwithe be lasshed owte agayne by the mowthe suche a superfluouse and curiouse ytchinge we haue dissolutelie and vnadvysedlie to talke of all matters thowghe they tende to the greate hynderance and infamie of manye of our bretherne And thowghe we be nothinge assured of the certaine trewthe of the matter yea withoute respecte to pryuate or publike persons Of suche vnbrydeled talke no man or woman in our dayes hathe as I suppose more iuste cause to coÌ„plaine then the ryght excellente Princesse ladie Marie Quene of ScotlaÌ„de whose honour manie haue gone abowte to blotte and deface in charginge her most falselie and iniustlie withe deathe of her late husboÌ„de the lorde darley For the defence and mainteynynge of whose innocencye in thys behalf we intende to laye forthe before the gentle reader the moste cheif and principall reasons grounds and arguments where vppon the patrones the inuenters and workers of all theis myscheavouse and develyshe dryfts grownded them selves and all they re owteragyouse doyngs And then consequentlye to infringe and repulse the same For to rehearse answere to and repell all they re assertions and obiections yt woulde require a verie longe tediouse and a superfluouse discourse in as muche as theis iolye gaye oratours measuringe theire doings more by nombre of false obiections then by trewe substanciall and pithie matter to make a goodlie florishe and a trime shewe to face owte and countenance they re craftie iuglings And to cover they re disordered dealings there with all have raked vppe and heaped together onevppoÌ„ an other against they re good maistresse and Sovereyne Quene no small nomber
saide as what vve further shall saie in supplemente of full answere and then to iudge and deme of the matter none otherwise then reason equitie lawe do craue They shall at lengthe finde owte and throwghlie perceaue and knowe theis mens dealings and doings Who as yet cover theire fovvle filthie lienge detestable practizes and traiterouse enormities withe suche a visarde of counterfeite false fained holines and suche excedinge greate shewe of zeale to the Quenes honour in punishinge off malefactours and to the preseruatioÌ„ of the state of the realme as thowghe all the worlde vvolde fall and goe to rewen yf yt were not vpholden vnderpropped by the streÌ„gthe of theire showlders Theie shall see hovve they will appere in theire owne naturall likenes so ovvgelie that all good harts vvill vtterlie detest them and thincke them most vvorthie for example sake to all the Worlde hereafter of extreme punishemeÌ„te We affirme then first that as they have produced nothinge in the vvorlde tovvchinge the principall points As of the lorde Darleies deathe the acquitall of the Erle Bothvvell and the Quenes mariage vvith him iustlie to charge her vvithall So are theie them selues asvvell for the saide acquitall and mariage as for theire damnable and rebellyouse attempts against theire Sovereigne and for manie other enormous crimes so farre and so deapelie charged â–ª so fovvlie stained and so shamefullie marked and noted that never shall they Withe all theire hypocriticall fine fetches be able to rubbe ovvte the dirtye blotts therof from theire skirts Whiche thinge vvilbe easelie perceaved of them that vvyll vouchesauf and aduisedlie coÌ„sider the fonde friuolouse and contradictorie excuses they make in theire ovvne defence At the begininge theire open surmised quarrell vvherby they vvente abovvte to dravve the peoples harts to them selves and to strengthen theire ovvne faction stode in three poynts as appearethe by theire excuses and by theire pretensed proclamations The first vvas to deliver the Quene from the Erle Bothevvell vvho violentlie deteined her The causes that the Rebells pÌ„tended at the begininge and to preuent daungers immineÌ„t to her parson The seconde to reuenge the kings deathe vpon the saide Both vvell vvhom they knevve as they pretended to haue bene the principall doer in the execution of the saide murther The thirde Was to preserue the yonge Prince the Quenes soÌ„ne This ys theire iolie and holie preteÌ„ce Novv lett vs see hovve conformable theire vvorthie procedings are to theis theire colorable cloked holie collusions The fyrst gentle and humble admonition that theis good louinge subiects gaue her An ansvvere to the first to reforme the surmised enormities vvas in battell arraye at Bortvvike castle vvhiche they thovvght vpoÌ„ the sodaine to haue possessed vvith the Quenes person vvher vpon they beinge disapointed therof gatt into the tovvne and fortresse of Edenborowghe by the treasoÌ„ of Balfoure the capitaine therof and of Cragmiler the prouoste of the citie Wherbi they beinge the more animated to followe and prosequute theire vvicked enterprise begane nowe to be stronge in the filde The Quene hauing also a good stroÌ„ge armie and thinckinge her self vvell able therby to encounter vvithe the ennemie and to represse theire furiouse outrage yet not vvithestandinge for the greate loue aÌ„d pittie she toke of them thovvghe rebelliouse subiects Wilinge as muche as in her laye to kepe and preserue theire bloudd from shedinge offered them fayre of her owne free motion that yf they wolde peaceablie come to them and take dewe and conuenient order for the redresse of all suche things as might appere by lavve and reason mete to be reformed Wher vpon the lorde Grange was sente by the lords to her The lorde Grange ê“mised vpoÌ„ his knees obedience in all the rebells names Who in all theire names moste huÌ„blie vpoÌ„ his knees assured her of all dewe obedience of securitie and sauftie of bothe her life and honour And so the good ladie her conscience beringe her vvitnes of all her iuste and vpright dealings and therefore nothinge mistrustinge dismissinge her armie yelded her self to the lords Who conueyed her to Edenborowghe aÌ„d there sett her at suche a meruelouse libertie and in suche securité and safetie that all good men to the Worlds ende Will vvonder at theire excediÌ„ge good loyaltie Fyrste kepinge her owne pallace they sett and placed her in a marchants howse and vsed her otherwise verie homelie She nowe consideringe and perceauinge to vvhat ende theis matters tended most pittifullie cried ovvte and called vpon them to remember theire late promisse or at the leaste that she might be browght before the counsaile offeringe to stande to the order and direction of the states of the realme but God knovvethe all in vaine Foâ— novve had they the praye vvheron they intended to vvhett theire bloudie teathe or they did dismisse or forgoe her as the euente dothe declare Wherefore in the night priuelie she vvas conuaied and vvithe haste in disgvvised apparrell The Quene inprisoned at lochleuen to the stronge forte of Lechleuen and after a fevve dayes beinge stripped ovvte and spoiled of all her princelie attyremeÌ„te vvas clothed vvith a course brovvne cassocke After this theis good loyall subiects practisinge aÌ„d encreasinge more and more dailie the performance of theire saide promised obedience neuer ceased vntill they had vsurped the full auctoritie and regiment of the vvhole In to the vvhiche thovvghe they had entruded them selues yet seinge as blinde as they vvere by disordinate vnseamlie and vnmeasurable ambition that the Quene remained and vvas still Quene and that there vvas no iuste cause by the ordinarie course of the lavve or for anie her demerites deserts to briÌ„ge her forthe to her triall that she might be conuicted aÌ„d deposed vvent like good honest plaine men and vvell meaninge subiects bluntlie to vvorke and consulted and determined to dispatche and ridd her ovvte of her lif vnlesse she vvolde yelde to them aÌ„d subscribe suche vvritings as they vvolde sende to her concerninge the demission of her crovvne to her sonne and the regimente of the reaulme to the Erle Murraie Wher vpon the Erle of Athole Secretorie Ledington withe other principall of theire factious bande sent Robert Miluen to Lechleuen to vvill her in anie case yf she sovvght the sauuegarde of her life to condiscende to such demandes and to sett her hande to suche vvritings as shoulde be proposed and brovvght vnto her Whiche as they saide to do The Quene threatned to be ridd avvaye yf she wolde not renoÌ„ce her crovvne neuer coulde be preiudiciall to her beinge by force and violence extorted Syr Nicholas Throkmarton also beinge then ambassadour there for the Quene of England gaue her the like aduice Novve at the laste comethe the lorde Lindzaye sente in comisssioÌ„ from theire counsaile to presente and offer vnto her the writings who most greauouselie withe full fearefull words verie cruell sterne countenaÌ„ce threatened her that vnlesse she Wolde therto subscribe she shoulde lose
to travaile muche or farre for the findiÌ„ge oute of this matter For he mowght at all times have fovvnde the heades of the conspiratours vpon the Erle MortoÌ„s his ovvne shulders Th' Erles Murraie mortoÌ„ the heads of the conspiracie against the lorde Darley vve saie farther that as yt ys a straÌ„ge aÌ„d a newe kiÌ„de of deuotioÌ„ in the Erle Murraye so to quarrell for lacke of soleÌ„nitie at the buryall of him for whose saide buriall he longed and loked for so loÌ„ge So we saie likewise that yt seamethe Wonderfull to love him so teÌ„derlie beinge deceased and deade WhoÌ„ he so deaplie hated livinge And to seake so seriouslie and severelie to punishe the murtherers of hym whoÌ„ he wolde so ofte haue murthered hym self This geare seamethe to vs poore simple and slender witted men vnlikelie incredible and half repugnaÌ„te to nature And what soever the cause be we be of that minde that yt ys not like to ê“cede of anye feruente zeale or greate affectioÌ„ he bearethe to the partie or to the executioÌ„ of Iustice. Ye are good Reader desierouse paradueÌ„ture to learne what other cause there might be of so straÌ„ge dealinge Well as straÌ„ge as yt ys we lacke not examples of the like craftie and subtile policie aswell in holie scripture in the monumeÌ„ts of antiquitie of other coÌ„trees as of EnglaÌ„de especialie ScotlaÌ„de yt selfe We finde then in holie scripture that there was one Onias at Hierusalem the high priest a man of singulier vertue and perfection and one that maruelousely tendred God his honour and the honour aÌ„d welth of his countrie There vvas also at the same time one SimoÌ„ a verie eauell disposed aÌ„d vvicked creature which went abowt certaine naughtie and wicked deuises Lib. 2 Machab ca. 3. 4. But seinge that he cold not achiue his mischeuous purpose by reasoÌ„ this blessed man Onias stayed stopped aÌ„d pÌ„uented him he practiseth this vvicked deuise he causeth kinge Seleucus to be informed of the greate and inestimable treasure remaninge and reposed in the temple at Hierusalem vvhere vppon the kinge sent Heliodorus to fetch awaye by force the said treasure But aftervvarde vvhen this purposâ— chaunced to be frustrated aÌ„d voide by reason that this Heliodorus beinge vvonderfullie plaged of God vvas coÌ„strained to forbeare and relinquish this entreprise and the people beinge vvonderfullie offended and in a greate rage to see such a hainous sacrilege attempted What doth nowe thinke ye this good and honest man Simon Surelie he playeth the same part that th'erle Murrie hath plaied vvith his moste gratious Quene openlie charginge the good innoceÌ„t Onias vvith his ovvne shamefull acte and sayinge that he solicited aÌ„d incensed the kinge to robbe and spoile the Temple We finde in the cronicles of our realme PolycronicoÌ„ FabiaÌ„ The cronicles in Engliss preÌ„ted anno 1498. that albeit Vortiger aspiringe to the crowne of the realme actuallie and reallie obtained the same by the murtheringe of kinge CoÌ„stance which was not done without hys craftie incensinge and previe consent yet he preteÌ„ded outwardlie greate sourowe weapiÌ„ge and lamentinge the murther of him the vvhiche he neuer theles locked for And vvas the occasion of the same Hector Boet. l. 11. As for Scotlande I reporte me to the tragicall hystorie of kinge Duffus slaine by a noble man named Dunvvaldus vvho was in greate estimatioÌ„ and aucthoritie wth the saide kinge The Erle of Murra asseÌ„bled to DuÌ„vvaldus that ê“cured the slawghter of kinge Duffus in Scotlande vvhen the kinge vvas a bedd in the Casole wherof this Dunvvaldus had the keapinge he banketed hys chamberlaines and so sore oppressed theÌ„ vvith immoderate surfetinge and drinckinge that vvhen they vvere ons gotteÌ„ abovvte hyghe midnight to sleape in theire bedds ye might haue ronge a greate-bell over theire heades loÌ„ge ere they wolde wake Who beiÌ„ge in theire deade aÌ„d deape sleape the kinge vvas murthered slaine by suche as this noble man had suborned His deade bodie vvas caried avvaie buried in a Riuer The laborers that buried him were also slaine that they might tell no tales In the morninge the kinge vvas missinge his bed vvas fownde â—mbrevved with bloud his drovvsie drunken chamberlaines that leaste knevve of the matter vvere had in greateste suspition aÌ„d With ovvte farther delaye by the sayde Dunvvaldus like a man zealouse to punishe malefactrÌ„s vvere slaine and put to deathe No man beinge farther a greate vvhile from suspition then he vntill firste his ovvne ouer busie searchiÌ„ge for the murtherers aÌ„d afterwarde other thiÌ„ges breade vppon him suche suspition that he vvas thervpon apprehended and beinge fownde gwiltie worthelie executed Idem lib. 16. The like praÌ„ke Played Duke Robert brother to the kinge of ScotlaÌ„de aÌ„d gouernour of the realme of vvhome vve spake before The like ê“te played by Duke Robert in Scotlande He procured the Prince his nephevve to be made avvaye aÌ„d murthered And yet pretendinge him self as holie as the E. Murraye dothe to be zealouse in the punishinge of such an heinouse facte caused certaine innocente ê‘sons to be executed therefore We saye then that the Erle Murrayes doinges ê“cede not from anie greate care he hathe to the maintenaÌ„ce of lawe and iustice vvho ys most culpable him self But onlie colorablie to cloke and hide his ovvne mischeuouse trecheries and to turne the blame of the fault from him self vpon his good ladie and Quene from whose person yt ys farthiest Wherof they them selues gaue in manner plaine testimonie and vvitnes For thowghe they had openlie in theire pretensed and disordered parliamente detected her therof yet before the Quene of Englands comissioners they alleaged other matters as her voluntarie resignation of her crovvne c. The vvhich allegations when they vvell savve The Erle Murraye aÌ„d his fellovves beynge driueÌ„ from all shiftes at leÌ„gth layd to they re Quene the deathe of the lor. Darley before the Quene aÌ„d consaile of EnglaÌ„de vvolde not serue theire turne and that men did vnderstande hovve aÌ„d after vvhat sorte they had ê“ceaded against her in ScotlaÌ„de they vvere as yt vvere driueÌ„ and forced beinge excluded from all other appareÌ„te shifts after seauen or eighe vvekes aduisemeÌ„t after theire first inuectiue to obiecte the saide facte Wherof the good innocent Quene hearinge and astonied at theire strange and contumeliouse canuasings and impudeÌ„cie in theire doinges aÌ„d beinge sithe her apprehension crediblie enformed aÌ„d by appareÌ„cie of matter aÌ„d proof therof lead aÌ„d induced to beleaue aÌ„d geue creditt that this vviked entreprise vvas chefelie inuented aÌ„d coÌ„passed by the Er. Murraye aÌ„d mortoÌ„ made earnest suite by her coÌ„missioners to her God sister our noble Quene to arrest them that they shoulde not shrincke awaye aÌ„d departe vntill they had ansvvered that matter for them selues which she fullie inteÌ„ded moste effectuallie to prosequute against them and others And so did accuse them in deede by her comissioners And desidered farther that she might come in her ovvne person before her
detestable practizes neyther vvill suffer them selves to be spotted with the favoringe and assistinge of your abominable doinges We can tell you that this good ladie ys vniustlie accused aÌ„d wrongfullie oppressed as good Susanna was We can tell you that ye altogether resemble the tvvo olde vvicked gouernours that vvroÌ„gfullye accused her as an advowtresse beinge the advouterers them selves and brovvght her into daunger of present deathe by theire false testimonie as ye haue done withe your vvell intendinge Quene for that she vvolde not consente and yelde to the olde lustie lecherouse Rebelles We can tell you that yf you do not the soner repeÌ„te ye see by example of them What your revvarde shal be And that in the meane while God hathe as wonderfullie delivered owte of your handes this our innoceÌ„te Susanna as ever he did the other from them For thovvghe she vvere kept straight in a stroÌ„ge fortresse and castle vvith vvatche aÌ„d vvarde in suche sorte that none of her vvell willers and Frendes no not so muche as the Frenche kinges or our maistresse her moste deare sisters ambassadours might be suffred to come at The Quene in a manuer miraculouslie delivered out of lochleven â—rison or to speake with her Thovvgh she vvere daile gvvarded withe greate nomber thovvghe the gates vvere euery eaveninge suerlie and customablie locked and the keies therof vvere continuallie night by night delivered to the lorde of the saide castle Thowghe the botes were contiâ—uallie fastened aÌ„d locked vppe Yet god so vvrowght that the keies of the saide castle were in the saide lords verie presence takeÌ„ avvaye by a poore orphan simple boye beinge not yet eightene yeares olde bredd alwayes browght vppe iÌ„ the same howse Whiche feate by hym Wrovvght aÌ„d a tokeÌ„ or significatioÌ„ geaven therof to the Quene she departed ovvte of her prisoÌ„ hovvse into the courte therof at seaven of the clocke at night vpon the seconde daye of Maye And so passinge vvente to the saide gates vnlocked and opened by the saide orphan boye Who takinge bote also rowed her her waitinge maide vvith all vvith muche a doo over the vvater vvho havinge nowe passed the vvater vvas on the other side receaued by certaine gentlemen aÌ„d by them coÌ„veied coÌ„ducted to HamiltoÌ„ where she before her nobilitie revoked annichilated made voide all that she did iÌ„ prisoÌ„ before with solemne ê“testation vpoÌ„ her othe that she vvas violentlie forced therto aÌ„d putt in iuste feare of the losse of her life After this yt pleased god to putt her in miÌ„de to tacke her iourney into Englande aswell for the speciall and singuler truste she hathe in her deare Sister her coÌ„fortable ê“mises to her before her cominge by messeÌ„gers letres tokens sente from her bothe confortinge and promisinge her oportunitie seruinge all conueniente succour and helpe as that we Englishemen whiche muste neades honour and reuereÌ„ce her Who ys of the nexte Royall bloudd and trevve heire apparente of the crovvne of this realme of Englande shoulde throvvghelie knowe and fullie vnderstande to our greate comforte her purenes integritie and innoceÌ„cie in the matter vnder pretence vvherof her traitours and rebelliouse subiects thereby to accomplishe theire seditiouse aÌ„d ambitiouse minds and purposes haue molested vexed and disquieted her in maÌ„ner a foresaide And nowe at the laste kepethe her not onlie from her crowne aÌ„d realme but from all whatsoeuer either her priuate or other goods as vnwillinge that she shoulde either kepe the state aÌ„d porte of a Prince or any other meaner estate vvhatsoeuer Neither hathe it altogether fallen ovvte coÌ„trarie to her expectatioÌ„ and desire For the nobles of Englande that vvere appointed by the Quene to heare aÌ„d examine all suche matters as the rebelles shoulde laye againste the Quene haue not onelie fownde the saide Quene innocente aÌ„d gvviltlesse of the deathe of her husbaÌ„de but do vvithall fullie vnderstande that her accusers Were the verie coÌ„triuers deuisers practitioners aÌ„d vvorkers of the saide murther aÌ„d haue farther also so muche encreased aÌ„d in suche Wise renued the good estimation and greate hope they alvvayes had of her novve ê‘fectlie knowinge her innocencie and therto moued throvvghe other princelie qualities resplendente in her with many Wherof she ys muche adorned The commissioners appointed in EnglaÌ„d to hear the Quene of Scotts matters vvell liked of her saide innoceÌ„cie and of her title to the successioÌ„ of the crovvne aÌ„d singulerlie endevved that they haue in moste earnest vvise solicited aÌ„d eÌ„treated the Quene of EnglaÌ„d to geue her aide aÌ„d strengthe vvhereby she maye be restored againe to her honour aÌ„d crovvne They haue moued the saide Quene of Scotlande also that yt maye please her to accepte and like of the most noblest man of all EnglaÌ„de betvvene vvhom aÌ„d her there might be a mariage coÌ„cluded to the quietinge and comforte of bothe the realmes of Englande and ScotlaÌ„de Finallie the noble men of this our realme acknovvledge aÌ„d accepte her for the verye true and rigthe heire appareÌ„te of this realme of Englande beinge fullie minded aÌ„d alvvayes readie if God call to his mercie the Quene that novve ys then to receaue and serue her as theire vndovvbted Quene Maistresse aÌ„d Souereigne Wherby yt maye easelie appeare hovve Well they like of her cause that had the hearinge and triall of the same allthovvghe she never as yet came in theire presence Theis thinges novve and manie other whiche for the eschewinge of prolixitie we forebeare to enlarge our treatise vith maie be alleaged for the defeÌ„ce of the Quenes integritie and for the vprightnes of her cause the vvhiche I vvolde vvishe you the Erles Murraye and Morton vvithe your allied confederates before all other most deapelie and by times to vveighe and consider accordingelie as the vveight and greatnes of the cause An exhortatioÌ„ of the Erles MurrayeÌ„ mortoÌ„ others to reconsile theÌ„selves to the Quene as your owne sauftie vvith the wealthe honour of your natiue coÌ„trey do require I am not ignorante that the matter ys gone verie farre vvith you that many impedimeÌ„ts do concurre to with dravve you to seake that remedie for the reformation of things paste vvhiche ys the beste and th' onelie remedie But suerlie vvhen ye have fullie vveied all things on everie side accordingelie ye shall finde no sure and sovvnde remedie but in makinge a true a sincere and an vnfained humble submission to your gratiouse Quene vvhoÌ„ ye haue so greavouselie offended and molested Let not the greatnes or nomber of your treasons wrovvght against bothe your Quene and cuntrey Let not any vaine false imagined opinioÌ„ either of the worlde or of your vtter ouerthrovve by reason of anie suche fonde presumption of your presente highe estate of your greate povver force and strengthe Let no vaine expectatioÌ„ of externall succours staie or stoppe you from so necessarie a devvtie and so comendable before God and the worlde Ye best knovve that amonge all the princelie ornameÌ„tes and
vertues in your Quene her mercie and clemencie are singuler and peerelesse The Quene of Scotts full of mercie She seamethe vvell to haue learned that lesson of the ghospell Yf thy brother do offende the forgeve him not onelie seaven times but seventie times seaven times She vvill not onelie forgeve but forgett also She neither ys ignorante in vvhat state her realme standethe in nor that extreame severitie from the whiche she naturallie abhorrethe ys not of all other times nowe against suche as vvill imbrace mercie offered them to be shevved and practised She vvill rather like the lawe of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 oblivioÌ„ aÌ„d forgetfulnes so muche of the olde Writers comended The greate benefitt wherof ye haue so often aÌ„d so aboÌ„dantlie receaved at her hands And therefore ye neade the lesse to feare the discontinuance of your highe and honorable estate and condition As for shame yt staÌ„deth in the euill doinge yt self and not in the amendinge and reforminge of yll deeds vvhiche amendemente and reformation yf ye ernestlie and trevvlie minde yt vvilbe to the greate contentation of your most gratiouse Quene and of all her louinge subiects And in so doinge you shall bothe highelie auance your honorable estate and estimation aÌ„d make her a good amends for that vvhich ys paste aÌ„d can not be reuoked But on the other side yf ye geue ouer and refuse this occasion novve presente and goo forevvarde vvith your rebelliouse entreprises and attemptes mindinge to abide and trie the vttermoste ye moste vvilfullie cut avvaye and exclude from your self all good hope of mercie and pardon and take a vvronge vvaye for your ovvne sauftie and preseruation For your cause ys navvght and so ye vvell knovve yt to be And therefore can ye not loke to haue and obtaine a good prosperouse successe and ende therof Well ye maye as hitherto ye haue done tosse turmoile aÌ„d tumble all things vpside dovvnevvards for a vvhile But be ye assured that gods hande Will fall aÌ„d light the heuier aÌ„d With a greater paise vpoÌ„ you at the lengthe therefore Yt ys easie to be seen by the course of all times The ende of rebelles euer vnhappie as vvell by your ovvne verye histories at home as by the cronicles of all other nations abrode to vvhat ende commonlie suche seditiouse conspiracies and treasons do come to that ys to the vtter ouerthrowe and confusion for euer of theis ê‘sons that vvorke attempt practise or mainteine the same They seame for a vvhile to beare greate svvaye and all the vvorlde for a vvhile to ruÌ„ne vvith them But in the ende they fayle and are cleane geaueÌ„ ouer What meruaile were yt yf a hovvse shoulde not longe continevve that ys builded but vpon a yeldinde sandie grovvnde Ye haue builded aÌ„d fovvnded all your doinges vpoÌ„ vntrue and lienge slaunders and treacherouse treasons agaiÌ„st your dreade Souereigne The sincere veritie vverof vve haue herein trevvlie doclared The vvhiche beinge ons throvvghlie detected aÌ„d euideÌ„tly knovven to suche as ye haue in Scotlande craftelie abused aÌ„d shamefullie circumueÌ„ted as suerlie yt dailie burstethe ovvte more and more ye shall se your self sodenlie lefte naked aÌ„d quite forsaken eauen of those vvho haue bene your greattest assisters aiders and furtherers For as the olde prouerbe ys truthe ys the Davvghter of time And as ye shal be lefte alone at home so can ye not loke fo maintenance and vpbearinge of forraine Princes They vvill not defyle them selues and theire honorable vocation vvithe helpinge so fovvle a cause and so daungerouse and perillouse a matter that maye tende to the molestation and hurte not onlie of theire ovvne state but of the states of all kinges christened Other PriÌ„ces vvill not suffer the Quene of Scottes to be iniuried by her subiectes Naye ye muste rather thincke that other Princes vvill iudge and take yt to tovvche them to nighe to suffer suche a villainie to passe and escape vnreuenged and so good a ladye to be lefte destitute and desolate The emperour vvill not beare yt France vvill not beare yt Spaine vvill not beare yt And especiallie our noble Quene of Englande vvith her vvorthie nobilitie vvill not beare or suffer suche outragiouse dealinges against her next louinge neighbour and deare sister yea againste the heire apparenre of this most noble realme Albe yt that ye vvithe your surmised lies the better to mainteine your vsurped and nevve erected kingedome make her to be in feare of her ovvne state in case she shoulde restore the saide innocente Quene to her crowne agayne The ende of the firste booke ⧠THE SECONDE BOOKE TOWCHINGE the right title and interest of the foresaide Ladie Marie Quene of Scotlande to the Succession of the crowne of Englande THE greate providence good Reader of the eternall God who of nothinge created al thinges did not onlie create the same by his ineffable povver but by the same power gaue a speciall gifte and grace also to euerie livinge thinge to coÌ„tinevve to renevve and to preserue eche hys ovvne kinde But in this consideration the condition of man amoÌ„ge and aboue all earthlie thinges hathe his peerlesse prerogatiue of vvitt and reason Man only hath the pÌ„rogatiue of witt reasoÌ„ amoÌ„ge all earthely creatures vvhere vvithe he onlie ys of God gratiouslye endewed and adorned By the which he dothe ê“vide not onlie for hys praesente necessitie and savegarde as do also naturalie after theire sorte all beastes all other lyuiÌ„ge thynges voide of reason but also by pregnancie of wytt and reasonable discourse doth longe afore foresee the dangerouse perilles that manie yeares after maye happeÌ„ either to him self or to hys contrey And then by diligence and carefull provision dothe inuente apte and mete remedies for the eschevvinge of suche mischeives as might ovvtragiously aftervvarde occurre And the greater the feare ys of greater mischeif the greater the deaper and the spedier care ys vvonte to be taken Men are moste bouÌ„de to the pÌ„seruation of theire contrey to praevente and cutt of the same Yt ys also moste certaine by the confession of all the vvorlde that this care ys principallie devve by eche man that hathe oportunitie to do good therein to hys Prince hys coÌ„try and to the comon vveale and good quiet of the cuntrey for the continuance and happie praeseruation of the same To the praeseruation vvherof as there are manie partes and branches belonginge so one principall parte ys for subiectes lovinglie aÌ„d revereÌ„tlie to honour A greate coÌ„moditye to the comoÌ„ vvealthe to knovve the heire apparente dreade and obedientlie to serue theire Sovereigne that chauncethe presentlie to rule and governe The next to foreknovve to vvhom they shoulde beare theire alleageaÌ„ce after the decesse of theirefore saide Prince and gouernour Whiche beinge ons certaine and assuredly knowen as yt procureth vvhen the time requirethe readie and seruiceable obedieÌ„ce vvithe the greate comforte and vniuersall reste and quietnes of the subiects So vvhere for the saide successour
there vs amonge them discorde and diuersity of iudgemeÌ„tes the matter grovvethe to faction and from faction to plaine hostilitie and from hostilitie to the danger of many mens liues And many times to the vtter euersion of the vvhole state For the better auoidinge of suche and the like inconueniances albe it at the begininge princes reigned not by discente of bloude and succession but by choice and election of the worthieste the vvorlde was for the most parte coÌ„strained to repudiate election and so often times for the better and the vvorthier to take a certaine issewe and offspringe of some one onlie person thowghe otherwise ê‘chaunce not so mete Vvhy all the world almost embrace succession of PriÌ„ces rather then election Whiche defecte ys so supplied partelie by the greate benefitte of the vniuersall rest aÌ„d quietnes that the people enioye therby and partelie by the graue and sage counsailours assistinge to princes that the whole worlde in a manner theis manie thowsande yeares hathe embraced succession by bloudd rather then election And politike Prinees vvhiche haue had no children of theire owne to succede them haue had ever a speciall care and foresight therof for avoidinge of ciuill dissention So that the people might alwaies cheifely Where there appeared any likelihodd of varietie of opinions or factions to ensewe abovvte the trevve and lavvfull succession in gouernement forknoue the trevve and certaine heire apparente This care and foresight dothe manifestlie appeare to haue bene not onlie in many Princes of forraine contreies but also of this realme aswell before the time of the conquest as also after namely in kinge Edvvarde the confessour in declaringe and appointinge Eadgare Athelinge his nephevves sonne his heire Floreshist an 1057. as also in kinge richarde the first vvho before he interprised his iorney to Hierusalem vvhere for his chiualrie he atchiued highe honour declared by consente of his nobilitie and commons Richardus canonicus saÌ„ctae trin LoÌ„d stores histo anno 1190. Polid lib. 14. Arthur sonne of his brother Duke of BritaÌ„ne his next heire in succession of the crowne Of the which Arthur as also of the saide Eadgare athelinge vve vvill speake more hereafter This care also had kinge Richarde the seconde vvhat time by authoritie of parliamente he declared the lorde Edmonde Mortimer that maried Philippe davvghter and heire to his vncle Leonell Duke of Clarence heire apparente Polid. lib. 20. And to discende to later times our late noble Souereigne kinge Henrye the eyght shevved his prudente and zelous care in this behalf before his laste noble viage into France Whose davvghter our moste dreade Souereigne Elizabeth dothe and hathe sitt in the royall seate vvith suche peace quietnes and tranquilitie amoÌ„ge all her subiects hitherto that vve haue greate cavvse to reÌ„der to God almighty our moste hartie thancks for the same And to craue of him like continuance vvherof the singuler fruite benefitt as loÌ„ge as it shall please God to preserue her to vs Whiche vve moste humble suppliaÌ„tes desier of him for manie yeares vvith some happie issevve froÌ„ her grace yf it be his blessed vvill vve hope most fortunatelie to enioye But yf God sholde as vve be all aswell Princes as others subiecte to mortall chaunces once bereaue vs of our gratiouse Prince the harts aÌ„d iudgemeÌ„ts of men beinge no better nor more firmelie setled and fixed tovvards the expectation of a certaine succession then they seame novve to be then vvo and alas Yt yrkethe my verie harte eauen ons to thincke vpon the immineÌ„te and almost the ineuitable danger of this our noble realme beinge like to be ouervvhelmed vvith the raginge and roringe vvaues of mutuall discorde aÌ„d to be consumed with the terrible fier of ciuill dissention The feare vvherof ys the more by reason alredie in theis late yeares some flames therof haue sparkeled and flusshed abrode and some parte of the rage of the saide fluddes haue alredie beaten vpon the banckes I meane the hott contention that hathe bene therin in so manie places and amonge so manie persons of bookes also that haue bene spredd abrode and dailie are spredd beinge framed affectionatelie aÌ„d sovvndinge according to the sinister opinion of euerie mans priuate appetite Seinge therefore that there ys iuste cause of feare and of greate daÌ„ger likelie to happen by this varietie of mens iudgements so diuerselie affected as vvell of meane men as of greate ê‘sonnages I take yt the parte of euerie trevve englisheman to labour and trauaile eache man for his possibilitie and for suche talente as God hathe geauen him to helpe in conuenieÌ„t time for the preuentinge of the imminent danger We knovve what witt vvhat pollicie what paines vvhat charges men imploye to prouide that the Themmes or sea do not ouerflovve suche places as be most subiecte to danger We knovve vvhat politicke prouision ys made in manie good cities and townes bothe to foresee that by negligence there rise no dangerouse fiers and yf they chaunce vvith all diligence to represse the rage therof Wherin amoÌ„ge other hys prudente doings Augustus the Emperour ys commended for appointinge at Rome seaven companies ordinarilie to watche the Citie for the purpose afore saide Whervnto he was enduced by reason the citie was in one daie in seaven severall places sett on fier And shall not we euery man for hys parte and vocation haue as vigilante care and respecte to the extinguisshinge of this fier alredie spronge owte that maye yf the matter be not wiselie foreseen destroie subverte and consume not one citie only but importe an vniuersall calamitie and destruction Whiche to represse one redie and good waye seamethe vnto me yf men maye knowe and be throvvglie persvvaded in what person the right of the succession of the crowne of this our realme doth stande and remaine For nowe many men throwghe ignorance of the saide right and title and also the same beinge depraved by certaine sinister perswasioÌ„s in some bookes wher vnto they have to lightlie geaven creditt be caryed awaye from the right opinion and good harte that they otherwise Wolde and shoulde haue The which kinde of men I do hartelie wishe from theire saide corrupte iudgement to be remoued And shall in thys treatise do my beste endevour to remoue not praesuminge vpon my self that I am any thinge better able then others this to do for I knowe my owne infirmitie But beinge gladd and willinge to imparte vnto others suche motiues as vpon the readinge of suche bookes as of late haue bene sett forthe by the aduersaries and after the diligente weienge of diuers Arguments to the contrarie seame vnto me sufficiente to satiffie any honest and indifferent man that ys not obstinatlie bente to his owne Wilfull affections or to some other sinister meaninge and dealinge We saye then and affirme that the right heire and Successor apparente vnto the crowne of this realme of Englande next after our Sovereigne Ladie Quene Elizabethe and her issue ys suche a
succession after the deathe of the parentes that dye intestate ys duë to the children vvhiche succession apperteinethe as vvell to degrees remoued as to the firste L. luciê° ff de heredi Instit. l. iusta et l. natoruÌ„ l. liberoruÌ„de verbor signifie Yea in all causes fauorable as ovvrs ys this vvorde Sonne Filius conteinethe the nephevve thowghe not by the propertie of the voice or speache yet by interpretation admittable in all such thinges as the lavve disposethe of As tovvchinge this worde Ensans in Frenche vve saye that yt reachethe to other descendants L. 2. §. Si mater ad S. C. Tertu l. filiê° ad S. C. as well as to the firste degree Wherein I do referre me to suche as be exê‘te in the saide toÌ„gue We have no one worde for the barenes of * Enfants in franche couÌ„teruailethe thys vvorde liberi in laten our englishe tongue to counterpaise the saide frenche worde Enfans Maced l. senat de ritu nupt l. ê™ si nepotes ff de test tutel cuÌ„ notaâ—is ibidem or the laten worde Liberi Therefore do we supplie yt as well as we maye by this worde children The Spaniardes also vse this worde InfaÌ„tes in this ample sorte wheÌ„ they call the nexte heire to the heire apparente the infante of Spaine Eaven as the late deceased lorde Charles of Austriche was called his father and grandfather then livinge Yf then the originall worde of the statute declaringe the saide rule maye naturallie and properlie appertine to all the descendants why shoulde we straine and binde yt to the firste degree onlie otherwyse then the nature of the worde or reason will beare For I suppose verelie that yt will be verie harde for the adversarie to geave any good and substanciall reason d. l. liberorum whie to make a diuersitie in the cases But towchynge the contrarie there are good and probable considerations whiche shall serve vs for the seconde cause As for that the grandfathers call they re nephewes The grandfathers cal theire nephevves sonnes· as by a more pleasante plausible name not onlie theire chyldren but theire soÌ„nes also for that the sonne beinge deceased the grand father surviuinge not only the grand fathers affectioÌ„ but also the suche right title and intereste that the sonne hathe by the lawe and by proximitie of bloudde growe and drawe all to * L. Gallus §. instituens ff de libert post l fi C. d. impub. alijs subst cap. iaÌ„ 1. q. 4. The father and sonne are coÌ„pted in person and fleshe inmanicre one the nephewe Who representethe and suppliethe the fathers place the father aÌ„d the sonne beinge compted in parson and in fleshe in manier but as one Whie shall then the bare and naked coÌ„sideration of the externall and accidentall place of the birthe onlie seuer and sonder suche an intire inwarde and naturall coniunction Add there vnto the manye and greate absurdities that maye herof springe and ensewe The greate absur litie that might followe in excludiÌ„ge the trâ—we and right successor for the place of his birthe onlie Diuerse of the kinges of this realme as well before the time of kinge Edwarde the thirde in wose time this statute was made as after him gaue theire dawghters owte to forraine and some tymes to meane Princes in mariage which thei wolde never soo ofteÌ„ times have done if they had thowght that while thei wente abowte to sett forthe and aduaÌ„ce theire issewe theire doinges shoulde haue tended to the disheritynge of them from so greate large and noble a Realme as this ys Whiche might have chaunced yf the dawghter hauinge a sonne or dawghter had died her father liuiÌ„ge For there should this supposed maxime have bene a barre to theire children to succedde theire grand father This absurditie wolde have bene more notable yf yt had chaâ—â—ced abowte the time of kinge Henrie the seconde or this kinge Edwarde or kinge Henrie the firste and sixt when the possessions of the crowne of this realme were so amplie enlarged in other contreyes beyonde the seas And yet never so notable as yt might have bene hereafter in our freshe memorie and remembrance yf any suche thinge had chaunced as by possibilitie yt might haue chaunced by the late mariage of kinge Philippe and Quene Marie For Admittinge theire dawghter married to a Forren Prince shoulde have died before them she leauinge a sonne survivinge his father and grand mother they hauinge none other issewe so nighe in degree then wolde this late framed maxime haue excluded the same sonne lameÌ„tablie and vnnaturallie from the succession of the crowne of Englande and also the same crowne from the inheritance of the realmes of Spaine of both Sicilies with theire appourtenances of the Dukedome of Millaine and other landes and dominions in Lumbardie and Italie as also from the Dukedomes of Brabante Luxembourge Geldres Zutphan Burgundye Friselande from the contreyes of Flaunders Arthois Hollande Zelande and Namours and from the newe fownde landes parcell of the saide kingdome of Spaine Whiche are vnlesse I be deceaued more ample by doble or treble then all the contreyes nowe rehearsed All the whiche contreyes by the foresaide mariage shoulde haue bene by all right deuolued to the saide sonne yf anye suche childe had bene borne Yf either the same by the force of this iolie newe founde maxime had bene excluded from the crowne of Englande or the saide crowne from the inheritance of the fore saide contreyes Were there any reason to be yelded for the maintenaÌ„ce of this supposed rule or maxime in that case Or might there possiblie rise any coÌ„moditie to the realme by obseruinge there in this rigorouse pÌ„tensed rule that shoulde by one hundred ê‘te counteruaile this importable losse aÌ„d spoile of the crowne and of the lawfull inheritour of the same But perchance for the auoidinge of this exceptioÌ„ limited vnto the bloude royall some will saye that the same was but a priuilege graunted to the kinges children not in respecte of the succession of the crowne but of other landes An evasion avoided preteÌ„dinge the priuilege of the kinges childreÌ„ not to be in respecte of the crovvne but of other laÌ„ds descendinge to them from theire Auncettours Whiche altowghe we might verie well admitte and allowe yet can yt not be denied but that the same privilege was graunted vnto the kinges children and other descendants of the bloudd royall by reason of the dignitie and worthines of the crowne which the kinge theire father did enioye And the greate reverence which the lawe geuethe of dewtie therevnto And therefore yf ye wolde goe abowte to restraine and withe drawe from the crowne the privilege which the lawe geuethe to the kinges children for the crownes sake ye shoulde do therein contrarye to all reason and against the rules of the arre of reasoninge which saiethe that propter quod vnuÌ„quodque illud magis Propter ê™ vnuÌ„ quodque illud
my Ladye Fraunces and my Ladie Elenour also dawghters to the Frenche Quene vvhiche ys a thinge in a manner incredible and therefore nothinge likelie I muste novve gentle reader putt the in remembrance of two other moste pregnante and notable coniectures and presumptions for amonge all other inconueniences and absurdities that doe and maye accompanye this rashe and vnaduised acte by thys pretensed vvill incoÌ„sideratelye mainteined yt ys principallie to be noted that this acte geuethe appareÌ„te and iuste occasion of perpetuall disherison of the stile and title of Fraunce incorporated aÌ„d vnited to the crowne of this realme The supposed vvyll ys pÌ„iudiciall to the crowne of Englande for the clayme of the crovne of France For vvhereby do or haue the Frenche men hitherto excluded the kinges of this realme claymenge the crowne of FraÌ„ce by the title of Edvvarde the thirde fallinge vpon hym by the right of his mother then by a politike and ciuill lavve of theire ovvne that barrethe the female from the right of the crovvne And vvhat dothe this pretensed acte of kinge Henrie but iustifiethe and strengtheneth theire quarell and ouerthrowethe the fowndation and bulworke vvhereby vve mainteine our foresaide title and clayme Yf we maye by our Municipall lavve exclude the saide Quene of ScotlaÌ„de beynge called to this crovvne by the title of generall heritage Then ys theire municipall lawe likewise good and effectuall aÌ„d consequentlie we do and haue made all this while an vniuste and wrongfull clayme to the crowne of Fraunce But nowe to goe somewhat farther in the matter or rather to come nerer home and to the quicke of the matter we saye as there was some apparente aÌ„d good cause whie the kinge shoulde the twentie and eight yere of his reygne thyncke vpon some limitatioÌ„ and appointmente of the crowne kinge Edwarde as yet vnborne so after he was borne and that the title and intereste of the reuersion of the crowne after him was the thirtie and fifte yeare by parlamente confirmed to the late Quene Marie and our gratiouse Souereigne Elizabethe Yt ys not to be thowght that he wolde afterwarde ieperde so greate a matter by a testamente and vvill vvhiche maye easelie be altered and counterfeited And leaste of all make suche assignation of the crowne as ys nowe pretended For beinge a Prince of suche wisdome and experience he coulde not be ignorante that this was the nexte and redieste waye to putt the state at leaste of bothe his dawghters to greate perill and vtter disherison This supposed will geauethe occasion of ambitious aspiringe For the kinges example and boldnes in interruptinge and cuttinge awaye so manye branches of the nereste syde line might sone brede in aspiringe and ambitious hartes a bolde and wicked attempte the vvaye beinge so farre browght in and prepared to theire handes by the kinge him self and theire natures so redie and prone to followe euill presidentes and to cliÌ„me highe by some colorable meanes or other to spoile and depriue the saide dawghters of they re right of the crowne that shoulde discende and fall vpon them And to conuey the same to the heires of the saide Ladye Fraunces And did not I praye you this drifte deuise fall owre eauen so tendinge to the vtter exclusion of the late Quene Marie and our gratious Souereigne Elizabethe Yf God had not of his greate mercie moste gratiouslie and wonderfullie repressed ouerthroune the same Theis reasons then and pÌ„sumptions maye seame well hable sufficieÌ„te to beare dovne to breake aÌ„d ouerthrowe the weke aÌ„d sleÌ„der pÌ„sumptions of the aduersaries grownded vpoÌ„ vncertaine and mere surmises ghesses and coÌ„iectures as amonge other that the kinge vvas offended vvith the Quene of ScotlaÌ„de and vvith the ladye Lenneux vvhich ys not trevve And as for the ladye Lenneux yt hathe no manner of ê“babilitie As yt hathe not in deede in the saide Quene And yf yt had yet yt ys as probable and muche more probable that the kinge vvolde haue especiallie at that time for suche cavvse as vve haue declared suppressed the same displeasure GrauÌ„tinge nowe that there were some suche displeasure vvas yt honorable either for the kinge or the realme or vvas yt thincke ye euer thovvght by the parliameÌ„t that the kinge shoulde disherite them for euerie light displeasure And yf as the aduersaries confesse the kinge had no cavvse to be offended vvith the Frenche Quenes children vvhy did he disherite the Ladye Fraunces aÌ„d the Ladye Elenour also Theire other presumption vvhich they grownde vpon the auoydinge of the vncertaintie of the succession by reason of his vvill The succession to the croune ys more vncertaine by the supposed will then before ys of small force and rather turnethe againste them For yt ys so farre of that by this meanes the succession ys made more certaine and suer that contrarie vvise yt ys subiecte to more vncertentie aÌ„d to lesse suertie then before For vvhere as before the right and claime to the crovvne honge vpon ordinarie and certaine covvrse of common lavve vpon the certaine and assuerid right of the royall and vnspotted bloude Yea vpon the verie lavve of nature vvhereby manye inconueniences manye troubles dangers aÌ„d seditions are in all contreyes politikelie avoided There ys mucheforgerie and counterfeyting of testamentes So nowe dependinge vpon statute onlie yt ys as easie by an other stature to be infringed and ouerthrovvne And dependinge vpon a testameÌ„te ys subiect to manye corruptioÌ„s sinister dealinges cauillacions yea and iuste ouerthrovves by the dishability of the testatour vvitnesses or the legatorie him self or for lacke of dewe order to be obserued or by the deathe of the vvitnesses vnexamined aÌ„d for many other like considerations The monumentes of all antiquitie the memorie of all ages and of our ovvne age and daylie experience can tell aÌ„d shevve vs manye lamentable examples of manye a good and lavvfull testamente by vndevve and craftie meanes by false and suborned vvitnesses Valerius Maximus dedict fact lib. 9 cap. 4. by the couuetous bearinge and maintenance of suche as be in auctoritie quite vndone and ouerthrovvne Wherefore Valerius Maximus crie the owte againste M. Crassus and Q. Hortensuis lumina curiae ornamenta fori Quod scelus vindicare debuerant lucri captura inuitati suis authoritatibus texerint This presumption then of the aduersaries rather maketh for vs and ministrethe to vs good occasion to thincke that the kinge vvolde not hasarde the vveight and importance of suche a matter to reste vppon the validitie or inualiditie of a bare testameÌ„te onlie By this that vve haue saide we maye probablely gather that the kinge had no cause to aduenture so greate an enterprise by a bare vvill and testamente Ye shall nowe heare also vvhie vve thincke he did neuer attempte or entreprise any suche thinge Yt ys vvell knowen the kinge vvas not vvonte lightlie to ouerslippe the occasion of any greate commoditie presentlie offered And yet this not vvithstaÌ„dinge hauinge
geuen to him by acte of parliameÌ„te the orderinge and disposition of all chauntries and colledges He did neuer or verye litle practise execute this aucthorité And shall vve thincke oneles full and sufficient proufe necessarilie enforce our creditt that the kinge to his no preseÌ„te comoditie and aduantage but yet to his greate dishonour to the greate obloquie of his subiectes and other coÌ„treyes to the notable disherison of so manye of the nexte royall bloude did vse any suche aucthoritie as ys surmised Againe yf he had made any suche assignation In this supposed will ys no condition for the mariage of theyres of the Ladie FraÌ„ces as is for the kiÌ„ges ovvne davvghters Who dowbtethe but that as he conditioned in the saide pretensed vvill vvith his noble dawghters to marrie vvith his counsailes aduice either elles not to enioye the benefitt of the succession He vvolde haue tied the saide Ladie Fraunces and Ladie Elenours heires to the same condition Farthermore I am driuen to thincke that there passed no suche limitatioÌ„ by the saide kinge Henries vvill by reason there ys not nor vvas theis manye yeares any originall copie therof nor any authenticall recorde in the chauncerie or elles vvhere to be shewed in all Englande as the aduersaries them selues confesse and in the copies that be spredd abrode the vvitnesses pretended to be presente at the signinge of the saide vvill be suche for the meanenes of theire state of the one side and for the greatenes and vveight of the cause on the other side as seame not the most sufficieÌ„te for suche a case The importance of the cause beinge no lesse then the disherison of so manye heires of the crowne As vvell from the one sister as from the other requirid and craued some one or other of the priuie counsaile or some one honorable and notable ê‘son to haue bene pÌ„sente at the sayd signinge or that some notification shoulde haue bene made aftervvarde to suche persons by the kinge him self or at leaste before some notarie and authenticall person for the better strengtheninge of the saide will Heare ys nowe farther to be considered that seinge the intereste to the crowne ys become a plaine testameÌ„tarie matter and claime and dependethe vpon a laste will when and before what ordinarie this will was exhibited allowed and proued Where and of whome toke the executours theire othe for the trewe performance of the will No order taken for the ê“batioÌ„ of the supposed will Who committed to them the administration of the kinges goodes aÌ„d chatttelles When and to whome haue they browght in the inueÌ„torie of the same Who examined the vvitnesses vpon theire othe for the tenour and trevvthe of the saide testamente Namelie vpon the signement of the kinges hande wherein onlie consistethe the vveight of no lesse then of the crowne yt self Where or in what spirituall or temporall cowrte maye one finde theire depositions But yt were a verie harde thinge to finde that that as farre as men can learne neuer was And yet yf the matter were so plaine so good and so sownde as theis meÌ„ beare vs in haÌ„de yf the originall testament had bene suche as might haue bydden the towchestone the triall the light and the sight of the worlde Whie did not theye that enioyed moste coÌ„moditie thereby aÌ„d for the swaye and auctoritie they bare might and owght beste to haue done yt take coÌ„uenyent aÌ„d suer order that the originall might haue bene dewlie and saufelie preserued or at the leaste the ordinarie probate which ys in euerie poore mans testameÌ„te diligentlie obserued might haue bene procured or seen One or other authenticall instrumente therof reserued The adâ—saries theÌ„ selues see well inowghe yea and are fayne to coÌ„fesse theis defectes but to helpe this micheif they wolde faine haue the enrolemente in the chauncerie to be taken for a sufficiente probate The enrollement in the chauncerie ys nâ— probation by cawse as they saye bothe the spirituall and temporall auctoritie did concurre in the kinges ê‘son Yet do they knowe well inowghe that this plaister will not cure the sore And that this is but a pore helpe aÌ„d shifte For neither the lâ—es patentes nor the enrolemeÌ„te maye in any wise be cownted a sufficieÌ„te probate The chauncerie ys not the cowrte or ordinarie place for the probate of vvilles not the rolles for recordinges the same Bothe muste be done in the spirituall cowrtes vvhere the executours also muste be impleaded and geue theire accompte vvhere the weakenes or strengthe of the will muste be tried the witnesses examined Finallie the probate and all other thinges therto requisite dispatched or yf yt maye be done by any other person yet muste his aucthoritie be shewed the probate and all thinges muste be done accordingelie And amonge other thinges the vsuall clause of Saluo iure cuiuscunque muste not be omitted Whiche thinges I ame assuerid the recordiÌ„ge in the chauncerie can not importe but this cautioÌ„ and prouiso of Saluo iure cuiuscunque which ys moste coÌ„formable to all lawe reason did litle serue some mens turne And therefore there was an other caution and ê“uiso that thowghe the poorest maÌ„s testameÌ„te in all EnglaÌ„d hath this prouiso at the ê“bate of the same yet for this testameÌ„te the weighty este I trowe that euer was made in EnglaÌ„d no suche probate or clawse can be fownde either in the one or the other cowrte Yet we nedes muste all this not with staÌ„dinge be borne in hande and borne downe that there was a testamente and wyll formablie framed accordinge to the purpose and effecte of the statute Yet muste the right of the imperiall crowne of Englande be conveyed and carried awaye with the colour and shadowe onlie of a will I saye the shadowe onlie by reason of an other coniecture and presumption vvhiche I shall tell you of Which ys so liuelie and effectuall that I verelie suppose yt wil be verye harde for any man by any good and probable reason to answere and auoyde the same And ys so importante and vehement that this onlie might seame vtterlie to destroye all the aduersaries coniecturall prouffes concerninge the maintenance of this supposed will We saye therefore and affirme that in case there had bene any good and suer helpe and hand faste to take and holde the crowne for the heires of the Ladie Frances by the saide will that the faction that vniustlie intruded the Ladie Iane eldest dawghter to the saide Ladye Frances to the possession of the crowne vvolde neuer haue omitted to take receaue and embrace the occasioÌ„ and benefitt therof to them presentlie offered They neyther wolde nor coulde haue benâ— driuen to so harde aÌ„d bare a shifte as to colour theire vsurpatioÌ„ against the late Quene Marie onlie and our gratious Souereigne Elizabethe A greate pÌ„sumptioÌ„ agaiÌ„ste the supposed vvill for that the late pretensed Q. Iane did not vse the benefitt of the same agaiÌ„st the Quene of Scoâ—es and others
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
claime For by the sayde pretensed vvill yt ys limited that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour that the crovvne shall remayme and coÌ„me to the next rightfull heires But yf she shall be sayde to be a forrainer for the time for the induction of farther argumente Then what saye the adâ—saries to my Ladie LeÌ„noux borne at Herbotell in Englande and from thertene yeares of age browghtvppe also in EnglaÌ„d and coÌ„monlie taken and reputed aswell of the kinge and nobilitie as of other the lawfull neâ—e of the saide kinge Yea to turne nowe to the other sister of the kinge married to Charles Brandon Duke of Suff. and her children the Ladie Fraunces and the Ladye Elenour Whye are they also disherited Suerlie yf there be no iuste cause neither in the Ladye LeÌ„noux nor in the other yt seamethe the kinge hathe made a plaine donatiue of the crowne Which thinge vvhether he coulde do or vvhether yt be conformable to the expectation of the parliamente or for the kinges honour or for the honour of the realme I leaue yt to the further consideration of other Nowe what causes shoulde moue the kiÌ„ge to shutt them owte by his pretensed will from the title of the crowne I mynde not nor neade not especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne here to ê“psequute or examin Yet am I not ignorante what impedimeÌ„tes many do talke of aÌ„d some as well by priÌ„ted as vnpriÌ„ted bookes do write of Wherein I will not take vpon me any asseueratioÌ„ any resolution or iudgement Thys onlie will I propownde as yt were by the vvaye of coÌ„sideration dewly and deaplye to be wayed and thowght vpoÌ„ That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of ScotlaÌ„de and others altogether to the issewe of the Frenche Quene whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children as the aduersaries them selues coÌ„fesse he had not and that there was no lawfull impedimeÌ„te in them to take the successioÌ„ of the croune yt were any thinge reasonable or euer was ones mente of the parliamente that the kinge withowte cause shoulde disherite aÌ„d exclude them from the title of the crowne On the other side yf there were anye suche impedimente Wherof this surmised will geuethe owte a greate suspition yt ys to be considered whether yt standethe with reason and iustice vvith the honour of the kinge and the whole realme or vvith the mynde purpose and intente of the saide ê‘liamente that the kinge shoulde not onlie frustrate aÌ„d exclude suche l. fi pater ff quo in fraud credit l. filij famil ff de donat vvhose right by the coÌ„mon lavve ys moste evidente and notorious but call and substitute suche other l. 1. C. quae respign l. obligationem ff de pignot c. in general de regul iuris in 6. as by the same lavve are plainelie excluded In consideration wherof manie notable rules of the cyuill lavve do concurre Firste that whosover gevethe any man a generall aucthotitie to do any thinge In giuinge generall aucthority that seameth not to be coÌ„prised that the ê‘â—ie vvolde not haue graunted being specially demanded seamethe not to giue him aucthoritie to do that thinge which he vvolde not haue graunted yf his miÌ„de therein had bene severallie and speciallie asked and required Againe generall wordes eyther of the testatours or of suche as make any contracte I. promitteÌ„do cuÌ„ notat ibid. ff de iure dotium and speciallie of statutes towchinge any persons to do or enioye any thinge ovvght to be restrained and referred to hable I. quidam ff de verb. signific mete and capable persons onlie Yt ys further more a rule aÌ„d a principle I. vt gradat §. 1. de muner honor that statutes muste be ruled measured aÌ„d interpreted accordinge to the minde and directioÌ„ of the generall and coÌ„mon lawe Generall vvordes muste be referred to hable persons Wherefore the kinge in limitinge the successioÌ„ of the crovne in this sorte I. 2. Câ—de Nopal as ys praetended seamethe not to answere and satisfie the expectation of the parliamente puttinge the case there were any suche surmised impedimeÌ„t as also on the other syde likewyse yf there were no suche supposed impediment For here an other rule muste be regarded which ys that in testamentes contractes and namelie in statutes the generalitie of wordes muste be gentilie and cyvilie moderated aÌ„d mesured by the common lavve l. Fin § in coÌ„putatione C. de iurâ— de liber â—bi notat and restrained when so euer any man shoulde by that generalitie take any doÌ„mage and hurte vndeservinglie Yea the Statute shall rather in that case cease and quaile and be taken as voyde As for example yt appeareth by the ciuill lavve Alciat l. 1. verb. sig that yf yt be enacted by Statute in some cities that no man shall pleade againste an instrumente no not the executours Yet this not withstandinge yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour yf he deale feaithfullie and trewâ—ie rather then he shoulde vvrongfullye and with oute cause paye the testatours debte of his owne he maye come and pleade againste the instrumente Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances and Ladye Elenour or muche excessiue in theire childreÌ„ And so thowghe he had signed the sayde will with his hande yet the saide doinges seame not coÌ„formable to the mynde and purpose of the parliamente We vvill nowe goe forewarde and propownde other greate and graue considerations seruinge our saide purpose and inteÌ„te wherof one ys that in limitinge the crowne vnto the heires of the bodie of the Ladie FraÌ„ces the same Ladye then and so longe after liuinge the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable parliamente For as muche as the saide acte of parliamente gaue to him aucthoritie to limitt aÌ„d appointe the crowne to suche ê‘son or persons in reuersion or remainder as shoulde please his highnes meaninge therbye some person certaine of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes be intended For as muche as the saide Ladye Frances was then liuinge and therefore coulde then haue no heires at all By reason vvherof the people of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession 11 H. 4 fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente 19 H. 6 fol. 24. But to this matter some peraduenture vvolde seame to ansvvere and saye 11 H. 6 fol. 15. that althovvghe at the tyme of the saide
crowne cutt avvaye that eueÌ„ the verie thinge the parliament moste feared ys moste infortunatlie and moste lamentablye like soneste to chance He that remembrethe the tragicall procedinges of the last by name aÌ„d not by right kinge Richarde neadeth not gretelye to dowbte but that as he coulde finde in his harte to bastarde his eldeste brother aÌ„d lavvfull kinge and to diffame his ovvne naturall mother as an harlott eaueÌ„ so nowe there vvill some be fovvnde that vvill easelie be induced for the auancinge and settinge forthe of theire supposed right and title to the crovvne to seake meanes to vvringe them ovvte that shall vvrongfullye sitt in the royall throne And to seake to extorte the crovvne from theire possession Which vnhappie daye yf yt should ons chaÌ„ce as God forre bid then maye vve crye owte and singe a vvofull and dolefull songe Then maye vve not vvith ovvte cause loke for the botomlesse Ocean sea of infinite trobles miseries and myscheiffes to oâ— whelme the realme The vvhiche my mynde and harte abhorrethe to thincke vpon and my penne in my hande tremblethe to vvrite therof ⧠The ende of the seconde boke THE THYRDE BOOKE WHERE IN YS DECLARED that the regimente of whomen ys conformable to the lawe of God and nature ALBE yt good Reader you haue nowe hearde a conueniente and a sufficiente prouf so farre as the lawes of this realme maye serue for the right title claime of the Quene of Scotlande and so we might right well seame to haue fullie discharged our promisse and office Yet as the matter nowe fallethe owte especiallie yf we shall geue any creditt to an infamouse libell An infamouse lybell made lately against the Quene of Scottes or rather a fier brande of sedition late caste abrode all our coste ys for lorne all our trauaile imployed in vaine we muste begine a freshe for all this not withstandinge her right ys dowbtefull sayeth this man and suche as againste whiche ys iuste exception taken by the lawe of God and man Yt vvill neuer be proued by the lawe no not by her best frendes so will the crowne neuer be geauen het by iuste and common counsayle I meane not the consente of vnquiet spirites and brawlinge braines but of a greate nomber of them vvhiche are to be accompted amonge the beste for the loue of religion and of the common vvelthe Suerlye theis are iolye vvordes this ys confidentlie spoken But yet lett vs heare with all vvhat proufes this sober braynde man and so feruente a zelatour of religion and of the coÌ„mon welthe bringethe forthe for the auouchinge of his sturdye allegation What lawe what acte of parliamente what custome or vsage what auncieÌ„te recorde of historie of this realme dothe this man laye forthe for him self Suerlye none at all And as he layethe forthe not so muche as one Iote this waye so no doubte he shall neuer be able to laye forthe any thinge of like vveight as that that alredye ys aleaged No no good Reader this man goethe not by acte of parliamente nor by anye lawe of this realme nor what soeuer he speakethe of mans lawe for a braue countenance by ciuill or by any other humane lawe Thys extraordinarie wilye fellowe runethe an other race all theys lawes are but beggerlie baggage to him and argumentes of brawlinge braines This sober brayned man vvill not abase him self withe intermedlinge vvith so lavve matters but aspirethe and amowntethe a lofte and fetchethe a marvelouse hyghe fetche and reache aÌ„d beinge as yt were ghostlie rauisshed conteÌ„ninge as it seameth all humane lawes aÌ„d polices he makethe as yt were a plaine demurre vvith vs in lavve that We haue pleaded our matters all this while in a vvroÌ„ge courte For â—o this matter by this sober mannes iudgemente seameth not triable either in the Arches or coÌ„sistorye of Pawles by the Ciuill or CaÌ„noÌ„ lawe or in westimister hall by anye lavve or acte of ê‘liamente This plee must be onlie mainteined vvithe the recordes of holie scripture The authour of the same seamethe litle to regarde touchinge the successioÌ„ of the crowne anye lawe but holie scripture but of his owne sober braines interpretation onlie aÌ„d holden before him self and his newe erected tribunall furnisshed and adorned vvithe suche quiet and sober sprites as him self ys The infallable veritie the highe Maieste of the sacred scriptures I do most hartelye coÌ„fesse and most humblye reverence But yet yf ye will intrude your self to be the supreame arbitror and vmpier therof aÌ„d therebye wretâ—hedlie will abuse your self and others withe the promulginge from your nevve tribunall seate suche and so strange paradoxes and senteÌ„ces to the vtter overthrowinge of all humane policies and lavves yea to the presente and immineÌ„t danger of our ovvne maistresse and Quene as ye do we muste be so bolde to see vvhat vvarraÌ„te and coÌ„mission you haue and to examine well to vewe the same we muste buckle withe you aÌ„d trye whether the authoritie of holie scripture which ys your onelye refuge will vpholde and beare ovvte your strange and stowte coÌ„clusion The place then wher vpoÌ„ he growndeth him self ys this He grovndethe him self chefely vpon the 17. of Deut. Thowe shalt make him kiÌ„ge over the whoÌ„â—he lorde thy God shall chose froÌ„ amoÌ„ge thye bretherne him shallt thovve make a kinge amoÌ„ge theÌ„ From this aucthoritie he fetchethe owte all his highe mysticall suê‘naturall coÌ„clusioÌ„s and firste he excludeth the Quene of Scotland by cause she ys an Alien and not ex fratribus And therefore not chosen of God Wherevnto he addethe that the Kinge muste be suche as the people maye saye to him as the Israëlites saide to kinge Dauid 2. Sam. 5. Ecce os tuum caro tua nos sumus We are of one nation and bloude There vnto he adioynethe that yt ys assigned as one iuste cavvse Whye Athalia was turned owte of her kingdome by cause she vvas Alienigina 2 Reg. 11. an alien Maternum genus ducens a Tyrijs Sidonijs Theys nowe are all the proufes deduced by this maÌ„ owte of holye scripture for other hathe he none vvhye the Quene of Scottes beynge a stranger owght to be disherited aÌ„d reiected from all suche claime as she pÌ„teÌ„dethe to the crowne of Englande An answere tovchinge the 17. of Deut. Nowe for answere and firste to the 17. of Deuteronomie wherein as I will not quarell with you for the shrewde meaninge that perchance some man maye probablye gather owte of this treatise and small likinge that ye haue to the gouernemente proceadinge from succession onlye so I plainelye affirme firste that we are not bownde to the ceremoniall or iudiciall or other preceptes of the Iewishe lawe except the Decaloge farther then the churche or ciuill policie haue renewed and reuiued againe I saye then farther that thys aucthoritie of the Deuteronomye can not fittlye serue your purpose for that yt takethe place when the people chosethe a kinge and
regimeÌ„te ys against nature as also touchiÌ„ge a brother to be choseÌ„ kinge Neither the lavve of God nor reason is against the Quene of Scottes right as the aduersaries pretendâ— And therfore I coÌ„clude agaiÌ„st you that neither the lawe of God nor of nature nor yet reason vpon the vvhiche also you grownde your self do reiecte the saide Qu. marie fraÌ„che successioÌ„ of the crowne of Englande Your reason ys that where the people erecte them self an head of theire owne kinred and nation there nature assuerethe the people of naturall gouernemente And vvhere a stranger cariethe opinion of vnnaturall tyranie yt assuerethe the ruler of naturall subiectioÌ„ To a stranger ys murmorre and rebellion threatened But nowe yf this excellente Ladye and Princesse be no stranger and be of our ovvne kinred and of the aunciente and late Royall bloude of this realme as vve haue declared then ys your reason also vvith all auoided which maye and dothe ofteÌ„times take place iÌ„ more streÌ„gers coÌ„minge in by violeÌ„t and forcible meanes But here as naturall a man as ye make your self ye seame to go altogether agaiÌ„st reasoÌ„ and against nature also Yf Princes children vvere to be counted strangers and aliens or to be suspected as enemies and TyraÌ„s succedinge to theire owne progenitours inheritance Yt vvas an vnnaturall parte a greate follye in the noble kinges of this and manye other realmes to geue ovvte theire dawghters to forren Princes in mariage in steade of pÌ„ferringe auancinge them by threire mariage procuringe therby freÌ„dshippe and amitie with other Princes to disable theire saide children from theire auncetours inheritances in those contreyes froÌ„ vvhence they originallye proceded And as it seamethe by your kinde of reasoninge to purchasse and ê“cure beside to them therby an opinion of ennemitie and tyranie This this I saye ys a frovvarde and an vnnaturall interpretatioÌ„ A frovvarde aÌ„d an vnnaturall interpretatioÌ„ of the aduersarie Nature mouethe and driueth vs to thincke othervvise and that bothe a a prince vvill fauour loue and cherishe the people from vvheÌ„ce he fetcheth his royall bloude and by vvhoÌ„ he muste novve mainteine kepe and defende his royall estate that the people likewise will beare singuler loue and affection to suche a one especiallye of suche knovven princelye qualities as this noble Ladye is adorned with all Suerly yt ys no more vnnaturall to suche a Prince descendinge from the aunciente and late Royall bloude of the kinges of EnglaÌ„de The Que. of Scottes no straÌ„ger to EnglaÌ„d to beare rule in Englande and as yt were to retorne to the head and fowntaine from whence originallye she sprange Then yt ys for all flouddes and riuers which as homer sayethe flowe ovvte of the greate OceaÌ„ sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21. Iliad To reuerte Ecclesiastes cap. 1. returne and reflovve againe to the sayde Ocean This coherence coniunctioÌ„ copulation inclination and fauour runinge interchangeablye betwixte suche a Prince and the people ys no more strange to nature then ys the coÌ„iunction of the tree and the rote therof then of the fowntaine and the riuer issuenge from thence then of the sonne and the sonne beames finallie then ys the coniunction betvvixte the olde ancient louinge graÌ„d mother and her yoÌ„ge and tender dawghter Neither do I well knovve howe I maye better call noble England then a louinge grandmother to this good gentle Ladie whom vve I do not dowbte yf euer God call her to the Royall seate therof shall not onlye finde a louinge aÌ„d gratiouse maistresse but a most deare aÌ„d tender good dawghter For theis and other considerations the lawes of the realme do not nor euer did estraÌ„ge suche princes from the succession of the crowne of the realme Which by reason of the saide naturall inclination and beneuolence of the one to the other standethe vvith the lawe of God nature with all good reason And therefore your coÌ„clusioÌ„ ys againste Godes lawe nature and all good reason Whereby you full vngodlye vnnaturallie and vnreasonablie do conclude an exclusioÌ„ of the Quene of Scotlande pretendinge her to be a straÌ„ger to that right that God nature and reason and the trevve hartes of all good naturall Englishemen do call her vnto as the deare sister and heire apparente to our noble Quene Elizabethe The which her saide iuste right title and intereste we truste we haue nowe fullye proued and iustified and sufficientlie repulsed the sondrie obiections of the aduersaries And as theis beinge the principall ovvght to breade no dowbte or scruple in any man so manye other folyshe fonde and fantasticall obiections not worthye of any ansvvere that busie quarrelinge heades do caste forthe to dishable her right or to disgrace and blemishe either her honour or thys happie vnion of bothe realmes yf God shall sende yt in takinge our gratiouse Sovereigne from vs withowte issue vvhich God forbide ovvght muche lesse to move any man Whos 's maiestie God longe preserve and shylde and blesse her yf yt be hys pleasure vvith happie issue But yf yt please hym eyther to bereave vs of hyr maiestie or her maiestie of all suche issue then yet that we maye not be altogether lefte desolate confortlesse thys happye vnion vvill recoÌ„pence and supplie a greate parte of thys our distresse An happie vnion I call yt by cause yt shall not onlie take avvaye the loÌ„ge mortall enemitie The greate coÌ„moditie that shall come to Englandeâ— aÌ„d ScotlaÌ„de by the vnion of theÌ„ in case this successioÌ„ chaÌ„ce the deadlie hatred the most cruell sharpe vvarres that have so manie hundred yeares bene continued betwixt our neighbours the Scottes and vs but shall so entierlie consociate and conioyne and so honorablie sett forthe and aduaÌ„ce vs bothe and the vvhole Ilande of Britanye as neither toÌ„gue can expresse the greatenesse of our felicitie and happines nor harte vvishe any greater The olde enemitie hathe trodeÌ„ downe kepte vs bothe vnder fote and hathe geuen occasion to the coÌ„mon enemie as the Danes aÌ„d other to spoyle vs bothe Yt hathe caused for theis thowsande yeares and more so infinite and so ovvgelie slavvghter as it Will greaue and pittie any mans harte to remember and yet neither to the greater augmeÌ„tation of our possessions at this daye nor to theire muche losse They hauinge loste nothinge of theire olde aunciente inheritaÌ„ce sauinge Barwikle onlie Yf this coniunction on s happen and yf we be on s vnited and knitt together in one kingedome and dominion in one entire brotherlie love and amitie as we are alredie knit by neighbourhode by tongue and almoste by all maÌ„ners fasshioÌ„s and behaviour then will all vnnaturall and butcherlie slawgher so loÌ„ge hyther to practised cease TheÌ„ will reste quietnes welche and prosperitye encrease at home TheÌ„ will all owtewarde Princes our FreÌ„des reioyce and be coÌ„forted our enemyes dreade vs. Then wyll the honour fame and maiestye of the Ilande of Albyon daylye growe more and more and her power and streÌ„gth so greatelie encrease as to the freÌ„de yt wil be a good shilde And to the enemye an horrible terrour The shall the owtevvarde enemye litle endomage vs. Then shall we with our children after vs reape the pleaâ—â—â—te fruites of this noble coniunction wrovvght this to our haÌ„des by Godes good and gratiouse prouidence vvithovvte expeÌ„ce force or slawghter which hitherto a noÌ„ber of our covvragiouse vvise and mightie Princes haue theis thovvsande yeares and vpvvarde sovvght for but in vaine as yet vvith so excessiue charges vvithe so greate paynes vvith so manye and mayne armies and vvith the bloude of so manie of theire subiectes Then shall vve moste fortunatelie see and moste gloriouslie enioye a perfecte and entire monarchie of this I le of Britanie or Albion vnited and incorporated after a moste maruelouse sorte and in the vvorthie and excellente person of a Prince mete and capable of suche a monarchie As in vvhose person beside her vvorthie noble and princelye qualities not onlye the Royall and vnspotted bloude of the aunciente and noble kinges of Scotlande but of the Normans and of the Englishe kinges with all as well longe before as sithens the conqueste yea and of the Britaine 's also the moste aunciente inhabitans and lordes of this Ilande do wonderfullye and as yt were eauen for suche a notable purpose but the greate prouidence of God moste happelye concurre The euidente trewthe wherof the sayde Quenes petigrewe dothe moste plainelie and openlie sett forthe to everie mans sight and eye Then I saye maye this noble realme and Ilande be called not Albion onlye but rather Olbion that ys fortunate happye and blessed Whiche happye and blessed coniunction when yt chauncethe yf we vnthanckefullye refuse We refuse our healthe and welfare and Godes good blessinge vppon vs. We refuse our dewtie to God who sendethe our dewtie to the partie whom he sendethe and our dewtie to our natiue coÌ„trey to whom he sendethe suche a person to be our Maistresse and suche commodities and honour with all coÌ„minge thereby as I haue sayde to whole Albion as greater we can not wishe for And finallye we procure and purchase as muche as in vs liethe suche disturbaÌ„ce of the coÌ„mon wealthe suche vexations trobles and warres as maye teÌ„de to the vtter subuersioÌ„ of this realme From which dangers God of his greate aÌ„d vnspeakeable mercie defeÌ„de preserue vs kepe ê“tecte defeÌ„de this realme with our noble Quene Elizabethe and the saide Ladie Marie Quene of Scotlande with the nobilitie subiectes of bothe the realmes in mutuall frendshyppe and godlie amitye with longe prosperouse estate and all good quietnes Amen FINIS Imprinted at London in Flete strete at the signe of Iustice Royal againste the Blacke bell by Eusebius Dicaeophile anno D. 1569. and are to be solde in Paules churche yearde at the signes of Tyme Truthe by the Brasen SerpeÌ„t in the shoppes of Ptolomé and Nicephore Lycosthenes brethren Germanes â§