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
suche lawfull prouffe againste the saide will ê“ducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌ„de yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ„ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌ„d sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌ„ce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ê‘liameÌ„tes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ— quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌ„te maye be geaven to an acte of parliameÌ„t by hys lettres pateÌ„tes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌ„monlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌ„sumptions aÌ„d reasons agaiÌ„st the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ„ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌ„d welthe of the realme to the good coÌ„teÌ„tatioÌ„ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌ„d dishonorable sorte as ys pÌ„teÌ„ded I plainlie denie For beinge at the time of this pÌ„tensed will furnissâ—ed and adorned with issewe our late kiÌ„ge Edward aÌ„d ladie Marie late Quene aÌ„d with our graciouse souereigne Elizabeth theire state aÌ„d successioÌ„ beinge also latelie by acte of ê‘lameÌ„te established what nede or likelyhode was there for the kinge theÌ„ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌ„d fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ„ of the redd rose and the white lately by the incorporation and vnioÌ„ of the howses of yorke and Lancaster in the ê‘soÌ„ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌ„d buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌ„te yet coulde not he be ignorante that nether pÌ„liameÌ„tes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ê‘liamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌ„ded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ê‘liamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ„ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ê“cure aÌ„d purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌ„che Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌ„d afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
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
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
kinge Henries deathe the heires of the bodye of the saide Ladye Frances begotten vvere vncertaine yet at suche tyme as the sayde remainder shoulde happen to fall the saide heires might then certainlye be knowen In deede I vvill not denye but that paraduenture they might be then certaynlie knoweÌ„ but what greate mischeiffes and inconueniences might haue ensewed and yet maye yf the vvill take place vpon that ê‘aduenture and vncertaine limitation I vvolde vvishe all men vvell to note and consider Yt ys not to be doubted but that yt might haue fortuned at suche time as the remainder shoulde happen to fall to the saide heires of the Ladye Frances the same Ladie Frances shoulde then be also liuinge Who I praye you then shoulde haue had the crowne Paraduenture ye wolde saye the heyâ—es of the bodye of the Ladye Eleâ—â—our to whom the next remainder vvas appointed Vndowbtedlie that were coÌ„trarie vnto the meaninge of the saide supposed wyll For so muche as the remainder ys ther by limited vnto the heyres of the bodie of the ladie Elenour onlie for defaulte of issewe of the saide Ladie Frances Whereby yt maye be very plainlie gathered vpon the saide supposed wyll that the meanynge therof was not that the Chyldren of the Ladie Elenour shoulde enioye the crowne before the Chyldren of the Ladie Frances But what yf the sayde Ladie Elenour had bene then also lyvinge wich myght have happened for as muche as bothe the saide ladie FraÌ„ces and Ladie Elenour by coÌ„mon cowrse of nature myght have lived longer then vntyll thys daye Who then shoulde have had the crowne Trewlie the ryght heyre whom thys supposed wyl mente to exclude so longe as there shoulde remaine any issewe eyther of the bodie of the saide Ladie Fraunces or of the bodie of the saide Ladie Elenour lawfullie begotteÌ„ And therfore quite contrarie to the meaÌ„ninge of the saide supposed wyll Wherefore I do verelie thincke that yt woulde hardelie syncke into any reasonnable mans head that had anye experience of the greate wisdome and advised doinges of kinge Henrye the eyght abowte other matters beynge of nothinge like weyght that he wolde so slenderlie so vnadvisedlie and so vnlearnedlie dispose the succession of the crowne Where vpon the whole estate of thys Realme dothe depende in suche Wyse that they to whome he ment to geve the same by hys will coulde not enioy yt by the lawe Where vpoÌ„ ye maye plainlie see not onlie the greate vnlikely hodde that kinge Henrie the eight wolde make any suche will with suche slender advice But also that by the limitation of the saide will the succession of the crowne ys made more vncertaine and dowbtefull theÌ„ yt was before the makinge of the saide Actes of Parliamente which ys contrarie to the meaninge and inteÌ„te of the saide Actes and therefore with owte anie sufficiente warrante in Lawe But paradventure some here will saye that althowghe theis dangers aÌ„d vncerteinties might have ensewed vpon the limitation of the said â–ª vvill yet for as muche as they haue not happened neither be like to happen they are therefore not to be spoken of Yes verilie yt was not to be omitted For althovvghe theys thinges haue not happened and there fore the more tollerable Yet for as muche as theye myght haue happened by the limitation of the saide supposed will contrarie to the meaninge of the saide actes the vvill caÌ„ not by any meanes be saide to be made accordinge to the meaninge and intente of the makers of the saide statutes And therefore in that respecte the saide will ys insufficient in lawe And to aggravate the matter farthere ye shall vnderstande of greate incoÌ„veniences and imminent dangers which as yet are lâ—kelie to ensevve yf that supposed will shoulde take place Yt ys not vnknoweÌ„ but that at the time of the makinge of the saide will the saide Ladie Frances had no issewe male but onlie three dawghters betwene her and Henry Duke of Suff. Aftervvarde in the time of our late Sovereigne Ladie Quene Marie the saide Duke of Suff was attainted aÌ„d sufferid accordinglie After whose deathe the saide Ladie FraÌ„ces to her greare dishonour and abasinge of her self toke to her husbande one Adrian Stockes who was before her seruaÌ„te a man of verie meane estate and vocation and had issewe by him Whiche issewe yf yt were a sonne aÌ„d be also yet livinge by the wordes of the saide supposed will ys to inherite the crowne of this Realme before the dawghters betwene her and the sayde late duke of Suff. begotten Which thing was neither intended nor ment by the makers of the saide Actes Who can withe any reason or common defense thincke that all the states of the Realme assembled together at the saide ParliameÌ„te did meane to geve auctoritie to Kinge Henry the eight by hys lettres patentes or laste Will to disherite the Quene of Scottes liniallie disceÌ„ded of the bloude Roiall of this Realme and to appointe the sonne of Adrian Stokes then a meane servinge man of the Duke of Suff. to be Kinge and governour over this noble Realme of Englande The incoÌ„venience wherof as also of the like that might have followed of the pretensed mariage of Maistre Keyes the late sergeante Porter I referre to the grave consideratioÌ„s and iudgemeÌ„ts of the hoÌ„norable and worshipfull of this Realme Some paradventure will saie that kinge Henrie the eight mente by his will to dispose the crowne vnto the heires of the bodie of the saide Laide Frances by the saide Duke lawfullie begotten And not vnto the heires by any other person to be begotten Wiche meaninge althowghe yt myght verie hardlie be gathered vpon the saide supposed will yet can not the same be with owte as greate incoÌ„uenieÌ„ces as the other For yf the crowne shoul de nowe remaine vnto the heires of the bodie of the saide Ladie Fraunces by the saide Duke begotten then shoulde yt remaine vnto two dawghters iointelie they bothe beynge termed and certainlie accoÌ„pted in lawe but one heire And by that meanes the state and governement of thys Realme shoulde be changed from the auncient Monarchie vnto the governemente of manie For the title of the Ladie Fraunces beynge bywaye of remainder wich ys compted in lawe a ioynt purchase dothe make all the issue female inheritable alyke and can not goe accordinge to the aunciente lawe of a discente to the crowne Wich ys that the crowne by disceÌ„te muste goe to the eldeste dawghter onlye as ys afore saide For greate differeÌ„ces be in lawe where one cometh to any title by discente and where as a purchasser And also yf the one of those issewe female dye theÌ„ were her heire in the title as a severall tenante in taile And so there shoulde followe that so many dawghters so manie generall governours and so myght theire issewe beynge heyres females make the governemeÌ„t growe infinit which thinge was moste farre from the meaninge of the makers of the saide parliamente What yf the saide Kynge had by hys
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
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
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