those bookes And yet ye are not ashamed to note them as sufficient authorities for the maintenance of your euil purpose and intēt But as ye would seeme to vnderstand that your rule of dishabilitie is a general Maxime of the law so me thinketh ye should not be ignorant that it is also as general yea a more general rule and Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the King or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is your sayd supposed Maxime and yet neither the King nor the Croune is by any of them bound As for example it is very plaine that the rule of the Tenante by the Curtesie is general without any exception at al. And yet the same bindeth not the Croune neither doth extende to geue any benefitte to him that shal marie the Queene of England As it was plainely agreed by all the lawiers of this Realme when King Philippe was married vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philippe and Queene Marie and of al the states of this realme it was enacted that King Philip should not claime any Tytle to be Tenaunt by the Curtesie It is also a general rule that if a man dye seased of any landes in Fee simple without issue male hauing diuerse daughters the lande shall be equally diuided amonge the daughters Which rule the learned men in the lawes of this Realme agreed vpō in the lyfe of the late noble Prince Edwarde and also euery reasonable mā knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth al as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed and haue the thirde parte of the best possessions of her husband And yet it is very clere that any Queene shal not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3.9 28. H. 6. and diuers other bookes Bysides that the rule of Possessio fratris beinge generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shal succede and not the sister of the whole blood as may appeare by Iustice Moile as may be proued by King Etheldred brother and successor to King Edward the Martyr and by King Edwarde the Confessour brother to King Edmunde and diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister who both in al recordes of our lawe wherein their seueral rightes and titles to the Croune are pleaded as by daily experience aswell in the Exchequer as also in all other Courtes is manifest doe make their conueiance as heires in blood th' one to the other which if they were cōmon or priuate persons they could not be allowed in lawe they as is wel knowen being of the halfe blood one to the other that is to wit begotten of one father but borne of sundrie mothers It is also a general rule in the lawe that the executour shal haue the good and Chattles of the testatour and not the heire And yet is it otherwise in the case of the Croune For there the successour shal haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente Whiche rule although it be general yet it extendeth not to the discente or succession of the Croune although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Richarde Duke of Yorke and King Edward his son and also of King Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto Edwarde the fourth nor vnto Henry the seuenth to receaue the Croune by lawful succession But to this you would seeme to answere in your said booke saying that Hēry the seuenth notwithstanding his Attainder came to the Croune as caste vpon him by the order of the lawe forasmuch that when the Croune was caste vpon him that dishabilitie ceassed Wherein ye confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful succession then must ye say that he was not lawful King but an vsurper And therfore in confessing Henry the seuenth to be a lawful King and that the Croune was lawfully caste vppon him ye confesse directly thereby that before he was Kinge in possession there was no dishabilitie in him to take the Croune by lawful successiō his said Attainder notwithstanding which is as much as I would wish you to graunt But in conclusion vnderstanding your self that this your reason can not mainteine your intente you goe about an other way to helpe your self making a difference in the lawe betwene the case of Attainder and the case of foraine byrth out of the Kinges allogeāce saying that in the case of the Attainder neessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise ye say the Croune shall not descende to any But vpon the birth out of the Kinges allegance ye say it is otherwise And for proufe therof ye put a case of I.S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I.S. his father and after I.S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had ben ye say if A. had ben borne beyond the sea I. S. breaking his allegeāce to the King and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now ye say B. shal inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in your case of I.S. the lande did then peraduenture there had bene some affinitie betwene your said case and the case of the Croune But there is no such matter Bysides that ye muste consider that the King cometh to the Croune not onely by descente but also and chiefly by succession as vnto a corporation And therefore ye might easely haue sene a difference in your cases betwene the Kinges Maiestie and I.S. a subiecte And also betwene landes holden of a Lorde aboue and the Croune holden of no earthly Lorde but
one rule as a general Maxime is obiected against her And yet the same rule is so vntruely set forth that I can not wel agree that it is any rule or Maxime of the cōmon law of this Realm of Englād Your pretēsed Maxime is whosoeuer is born out of the realm of Englād and of father and mother not being vnder the obediēce of the King of England cannot be capable to inherite any thing in England Which rule is nothing true but altogether false For euery stranger and Alien is hable to purchace the inheritance of landes within this Realme as it may appeare in 7. 9. of king Edward the fourth and also in 11. 14. of king Hērie the fourth And although the same purchace is of some men accounted to be to the vse of the King yet vntil such time as the king be intitled therevnto by matter of Record the inheritance remaineth in the Alien by the opinion of al men And so is a very Alien capable of inheritance within this Realme And then it must nedes fal out very plainly that your general Maxime where vpon you haue talked and bragged so muche is now become no rule of the common law of this Realme And if it be so then haue you vttered very many wordes to smal purpose But yet let vs see fartther whether there be any rule or Maxime in the cōmon Law that may seeme any thing like to that rule wherevppon any matter may be gathered against the Title of the said Marie Queene of Scotland There is one rule of the cōmon Lawe in wordes somewhat like vnto that whiche hath ben alleaged by the Aduersaries Which rule is set forth and declared by a statute made anno 25. of King Edward the third Which statute reciting the doubt that then was whether infants borne out of the allegeance of England should be hable to demaund any heritage within the same allegeance or no it was by the same statute ordeined that al infantes inheritours which after that time should be borne out of the allegeance of the King whose father and mother at the time of their birth were of the feaith and allegeāce of the King of England should haue and enioy the same benefittes and aduantages to haue and carie heritage within the said allegeance as other heires should Whervpon it is to be gathered by dew and iust construction of the statute and hath bene heretofore cōmonly taken that the cōmon law alwaies was and yet is that no person borne out of the allegeāce of the King of England whose father and mother were not of the same allegeāce should be able to haue or demaund any heritage within the same allegeance as heire to any person Which rule I take to be the same supposed Maxime which the Aduersaries do meane But to stretch it generally to al inheritances as the Aduersaries woulde seeme to do by any reasonable meanes can not be For as I haue said before euery strāger and Alien borne may haue and take inheritance as a purchaser And if an Alien do marie a woman inheritable the inheritance therby is both in the Alien and also in his wife and the Alien thereby a purchaser Noman doubteth but that a Denizon may purchase landes to his owne vse but to inherit landes as heire to any person within the allegeāce of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also Denyzōs and doth only extend to Descētes of inheritance and not to the hauing of any landes by purchase Now wil we then consider whether this rule by any reasonable construction can extende vnto the Lady Marie the Queene of Scotland for and cōcerning her Title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland which realm is out of the allegeāce of England her father and mother not being of the same allegeance And therfore by the said rule she is not inheritable to the Croune of this Realm Although I might at the beginning very wel and orderly deny the consequent of your argumēt yet for this time we wil first examine the Antecedent whether it be true or no and then consider vpon the consequent That the Queene of Scotland was borne in Scotlād it must nedes be graūted but that Scotland is out of the allegeāce of Englād though the said Quene and al her subiects of Scotland wil stourly affirme the same yet ther is a great nūber of men in Eng and both lerned and others that be not of that opiniō being lead and persuaded therto by diuers histories Registers Recordes and Instruments of Homage remaining in the treasurie of this Realm wherin is metioned that the Kings of Scotland haue acknowledged the King of Englād to be the superiour Lord ouer the Realme of Scotland and haue done homage and fealtie for the same Which thing being true notwithstanding it be cōmonly denied by al Scotsmen then by the lawes of this realme Scotlād must nedes be accōpted to be within the allegeance of Englād And although sins the time of King Henry the sixt none of the Kinges of Scotlande haue done the said seruice vnto the Kinges of England yet that is no reason in our lawe to say that therefore the Realme of Scotland at the time of the birth of the said Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of our late Souereigne Lorde King Henrie the eight was out of the allegeance of the kinges of England For the law of this Realm is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie For the lande still remaineth within his Fee and Seignorie that notwithstanding But peraduenture some wil obiecte and say that by that reason France should likewise be said to be within the allegeance of England forasmuch as the possession of the Croune of France hath bene within a litle more then the space of one hundred yeares now last past laufully vested in the kinges of Englād whose right and title stil remaineth To that obiectiō it may be answered that there is a great difference betwene the right and title which the Kings of Englād claime to the Realme of Fraunce and the right and title which they claime to the Realme of Scotlande Although it be true that the Kinges of Englande haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the saide Realme of France the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiection which they did owe vnto the Kings of Englande and haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the Realme of Scotlande it is otherwise For
and remaining beyond the sea in the custody of the said Constance yet of this fact being against al Iustice aswel the said Archbishop as also many of th' other did after most earnestly repent considering the cruel and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himself Which most foul aÌ„d shamful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had beÌ„ barred to inherit the Croune of England And much lesse to haue imprisoned that most innocent Ladie Elenor sister to the said Arthur in Bristow Castle wher she miserably ended her life if that gay Maxime would haue serued to haue excluded these two childreÌ„ bicause thei wer straÌ„gers borne in the partes beyond the seas Yea it appeareth in other doings also of the said time and by the storie of the said Iohn that the birth out of the legeaÌ„ce of England by father aÌ„d mother foram was not takeÌ„ for a sufficieÌ„t repulse and reiectioÌ„ to the right and title of the Croune For the BaroÌ„s of EnglaÌ„d being then at dissension with the said King Iohn and renouÌ„cing their allegeance to him receaued Lewis the eldest sonne of Philip the FreÌ„ch king to be their King in the right of Blanch his wife whiche was a stranger borne albe it the lawful Neece of the said Richard and daughter to Alphonse king of Caâ—til begotten on the bodie of Elenour his wife one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn Which storie I alleage only to this purpose thereby to gather the opinion of the time that foraine birth was then thought no barre in the Title of the Croune For otherwise how could Lewis of FraÌ„ce preteÌ„d title to the Croune in the right of the said Bblach his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatioÌ„s or otherwise worse depraued for a good sure and substantial interpretation of the coÌ„mon law And it were not altogether from the purpose here to consider and weigh with what and how greuous plagues this Realme hath bene oft afflicted and scourged by reason of wrongful and vsurped titles I wil not reuiue by odious rehearsal the greatenes and number of the same plagues as wel otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remeÌ„brance extinct and buried I wil now put the gentle Reader in remembrance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncieÌ„t what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monumeÌ„ts of our Historiographers do plainly testifie was the true and lawful Heire Could he thinke you enioy his ambitious and naughty vsurping one whole entier yere No surely ere the first yeare of his vsurped reigne turned about he was spoiled and turned out both of Croune and his life withal Yea his vsurpation occasioned the conquest of the whole realme by WilliaÌ„ Duke of NormaÌ„die bastard sonne to Robert the sixt Duke of the same And may we thinke al safe and sound now from like danger if we should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice What shal I now speake of the cruel ciuil warres betwene King Stephen and King Henry the second whiche warres rose by reason of the said Henry was vniustly kept froÌ„ the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lament with the lamentable losse of Normandie Aquitaine and the possibilitie of the Dukedome of Britanie and with the losse of our other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur Wel let vs leaue these greuouse and lothsome remembrances and let vs yet seeke if we may finde any later interpretation either of the said statute or rather of the coÌ„mon law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exaÌ„ples would not serue prouided a later but so good so sure so apt and mete interpretatioÌ„ for our cause as any reasonable hart may desire The interpretatioÌ„ directly toucheth our case which I meane by the mariage of the Lady Margaret eldest daughter to King HeÌ„ry the vij vnto Iames the fourth KiÌ„g of ScotlaÌ„d and by the opinioÌ„ of the said most prudeÌ„t Prince in bestowing his said daughter into ScotlaÌ„d a ma ter sufficient inough to ouerthrow al those cauilling inueÌ„tioÌ„s of the aduersarie For what time King Iames the fourth sent his ambassadour to king HeÌ„ry the seueÌ„th to obteine his good wil to espouse the said Lady Margaret there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not wel like vpon the said Mariage saying it might so fal out that the right and Title of the Croune might be deuolued to the Lady Margaret and her childreÌ„ and the Realm therby might be subiect to ScotlaÌ„d To the whiche the prudent and wise King answered that in case any such deuolution should happen it would be nothing preiudicial to England For England as the chief and principal and worthiest part of the I le should drawe Scotland to it as it did Normandie from the time of the Conqueste Which answere was wonderfully wel liked of al the Counsaile And so consequâ—tly the mariage toke effect as appereth by Polydor the Historiographer of this Realm and such a one as wrote the Actes of the time by the instruction of the King him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband we could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of this Realme Wherevpon I may wel inferre that the said newe Maxime of these men whereby they would rule and ouer rule the succession of Princes was not knowen to the said wise King neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of Quene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first degree
betwene his sonne Edward and the said Lady and Quene Surely he was to wise of him selfe and was furnished with to wise CouÌ„sailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherision for any special inclination or fauour he bare to the French Queene his sisters children For there haue bene of his neere and priuie Counfaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howe so euer this matter goeth certeine it is that if this pretensed Wil be true he transferreed and traÌ„sposed the reuersion of the Croune not only from the Queene of ScotlaÌ„d from my Ladie Leneux and their issue but euen from my Ladie Francis and my Ladie Elenour also daughters to the Frenche Queene whiche is a ching in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remeÌ„brance of two other most pregnaÌ„t and notable coniectures and presumptions For among al other incoÌ„ueniences and absurdities that do and may accoÌ„panie this rash and vnaduised acte by this preteÌ„sed Wil inconsiderately mainteined it is principally to be noted that this Acte geueth appareÌ„t and iust occasion of perpetual disherison of the Style and Title of FraÌ„ce incorporated and vnited to the Croune of this Realme For whereby do or haue the Frenchmen hitherto excluded the Kings of this Realme claiming the Croune of France by the Title of Edward the third falling vpon him by the right of his mother other then by a politike and ciuil law of their owne that barreth the female from the right of the Croune And what doth this preteÌ„sed Act of king Henrie but iustifie and strengthen their quarel and ouerthoweth the foundatioÌ„ and bulworke wherby we mainteme our foresaid Title and claime If we may by our municipal law exclude the said Queene of Scotland being called to the Croune by the Title of general heritage then is their municipal law likewise good and effectual and coÌ„sequently we 〈◊〉 and haue made al this while an vniust and wrongful claime to the Croune of France But now to go somewhat farther in the matter or rather to come neerer home and to the quicke of the matter we say as there was some apparent and good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation and appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and Wil which may easely be altered and counterfeyted And least of al make such assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison For the Kinges exaÌ„ple and boldnes in interrupting and cutting away so many branches of the neerest side and line might sone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the King him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis. And did not I pray you this drift and deuise fal out euen so tending to the vtter exclusioÌ„ of the late Queene Marie and her Sister Elizabeth if God had not of his mercy most gratiously and wonderfully repressed and ouerthroweÌ„ the same These reasons then and presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of th' Aduersaries grounded vpon vncertaine and mere surmises ghesses and coniectures as among other that the King was offended with the Quene of Scotland and with the Ladie Leneux Which is not true And as for the Ladie Leneux it hath no manner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the King would haue especially at that time for such cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realm or was it thinke ye euer thought by the Parlament that the King should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offended with the FreÌ„ch Quenes childreÌ„ why did he disherite the Ladie FraÌ„cis and the Ladie Elenor also Their other presumption whiche they ground vpoÌ„ the auoyding of the vncertenty of the succession by reason of his Wil is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure that contrarywise it is subiecte to more vncerteintie and to lesse suertie then before For whereas before the right and claime to the Croune hong vppon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vppon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoided so now depending vpon the statute onely it is as easie by an other statute to be intringed and ouerthrowen And depending vppon a Testament is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the Witnesses vnexamined and for many other like considerations The Monumentes of al antiquitie the memorie of al ages and of our owne age and dayly experience can tel and shewe vs many lamentable examples of many a good and lawful Testament by vndue and craftie meanes by false and suborned witnesses by the couetous bearing and main tenance of such as be in authoritie quite vndone and ouerthrowne Wherefore Valerius Maxtmus crieth out against M. Crassus and Q. Hortensiu Lumina â—uriae ornamenta Fori quod scelus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presumption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the King would not hasard
Adrianus lib. 8. de gestis AlexaÌ„ mag Iustinus li. 1 Herod li. 1. Strab. li. 16 Womans regiment in Pandea a countrie in Iudea Queene Semiramis and Nitrochris Queene Thomiris Ioseph lib. 20. 21. Antiq. c. 2. Euseb lib. 2. cap. 12. Ruff lib. 2. Eccle. hist c. 6. Clemens Alex. lib. 1. stromat Iustinus lib. 1. Tacitus lib. 2. Queene â—rato Claudianus lib. 1. in Eutropium Womans Regiment in Aphrica Queene Dido Queene Cleopatra Queene Isis Strabo 12. â—â— Iustin 〈◊〉 18. â—â— Diodor. Sicul. lib c. 2. 〈◊〉 Damianueâ— Agoes de side moribus AEthiopuÌ„ Beda ca. 8 in Acta Apostolorum Euseb lib. 2 Ecclesiast cap. 1. Plinius li 6 c. 29. Strabo lib. 17. Act. Apostolor ca. 8. Dorotheus de uita obitu ProphetaruÌ„ Apostolorum Hieronym in cap. 52. Esaiae Hilar. in Psalm 61. Euseb lib. 2 cap. 1. Sabel Strabo lib. 16. â—hiopia 〈◊〉 first â—stiaâ—amoÌ„ 〈◊〉 other â—unâ—s But â—taine 〈◊〉 first â—oÌ„g the â—ounces Rome 3. Reg. 10. 2. Paral. 9. Math. 12. Luc. 11. Ioseph Iudaicar antiq lib. 8. cap. 12. Salomons ships fet ched gold from Cephalia Stobaeue 4â—2 ex Nicolao de moribue gentium Lueâ—n lib. 10. Womans regiment in Europa Queene Olimpias in Epyre. Olimpias in Macedonia Irene Theodora Eudocia Zonaras Tom. 3. Annalium â—nius lib. â— cap. 6. â—â—â—ca Womans regiment in Spaine Portingale Burgundie and Flanders Irmelgardis daughâ—er of Conrade Duke of Franconie Agnes vvife to Henry Duke of Saxony Agnes vvife to Henry the 3. Emperour Pau. Aemil. lib. 3. Car. lib. 3. Ful. de dict fact memor lib. 8. cap. 16. Crana NoÌ„ahs daughter Beros lib. 5 Liui. lib. 1. deÌ„c 1. AEneas Syl nius de Asia c. 20. Lauinia â—â—ene â—aples â—laâ—a â—ias lib. Regum â—an Chronie Palmerij Her. Contrac MuÌ„stuniuers Cosm lib. 4 AEneas Syluius in descript Asiae d. ca. 20. Hect. Boet. lib. 1. Histo Scoti uide la geneal des Rois dâ— France impre Paris 1561. in Carolo Magno â—omans â—giment 〈◊〉 Lorain â—d Manâ—a â—n the â—ingdoms of Svvetia Dania and Noruegia Boemia Hungaria Scotland England Martia Proba Helena moâ—her to ConstaÌ„tin the great Onuph de Rom Principib Euseb de uita Constantin lib. 1. Eccl. Voadicae In uita Agricolae Henry the second K. by his mothers right Vide Alligeneal cap. 1561. The FreÌ„ch make not vvomens Regiment vnnatural Adela K. Philippus mother aÌ„d Blanche the mother of S. Levvis See the prefaces of the said alliances The FreÌ„ch men hold great prin cipalities by the vvo maÌ„s right The conclusion against the Aduersaries touching the lavv of Nature Virgi li. 7. 〈◊〉 he vvife 〈◊〉 some â—ase may bâ—e head to her husband What absurditie follovveth by the streining this vvord ex fratrib ' Marc. ulti Psal. 1. et 4. L. Luci ' §. quaesituÌ„ ff de legat 3. ibi Barto Genes 13. L. 1. ff de uerborum signific L. Tresfra tres ff de pact l. Lucius faâ—ni Ercis Dict. l. Lucius §. Quaesitum Quaesitum est an quod baeredes fra tribus rogati â—ssent restituere etiam ad sorores per tinet RespoÌ„dit pertinere nist aliud sensisse testatorem probetur Leuit. 9. Deut. 23. Zacha. 7. Math. 18. 2. Thes 3. 1. Ioan. 2. Neither this vvord brother excludeth a sister nor this vvord King a Queene by any Scripture Melech Malcah Anno Mariae 1. c. 2. L fi ff de Legibus the Ievves neuer in terpreted this vvord after the sort as the aduersarie doth Alliances c. Paradinâ— Fulko and others kiÌ„gs of Hierusalem by their vviues right Ioseph lib. antiq Iud. 17. c. 13. Iose lib. 13. c. 19. 20 Egesip de excid Hiero l. 1. c. 12 the vviues of Ioannes Aristobulus and Alexander gouerned the Ievves Genes 2. 3. Women earned Clement Alexand. Stromat lib. 1. Plato in Mene. Socrates in Simposio Platon Albericus l. Qui filiuÌ„ Vbi pupit Hieron In Praefat. in Sopho. ad Panlum Eustoc Tripart lib. 11 c. 12. Diodor Sicul. lib. 1. 5. Illa Numae coniunx consiliuÌ„que fuit Ouid. 3. FastoruÌ„ Iustinian and other Princes consulted vvith their vviues in publike affaires Women the occasion that the Kings their husbandes vvere coÌ„uerted to the faith Theodelida Bertha Clothildis Iustinian Authen ut Iudic. sine quo qui suffrag in princip l. bene c. de praescript quadrieÌ„na Hero. Hal lic lib. 1. Tripart lib. 9. c. 31. Paulus Diacon de gestis Long. Beda lib. 1. Eccl. Hist Paulus Ae. mil. lib. 1. Plutarc in com Numae Lycurg in uita Aegidis August dâ— Ciuit. Dei lib. 18. c. 9. Plato and Aristotle do not vtterly reiecte vvomens gouerment Tacitus de moribus Germanor Plato Dialog 5. Repub Polit. lib. 2. c. 7. Debora vvas Gouernesse of the Ievves by Gods special appointmeÌ„t Iudic. 4. Homil. 4. in 4. cap. Iudic. Pollio Vâ—pistue in uita AureliaÌ„ Herod lib. 8. Iusti lib. 2. Iudic. 4. Ioseph antiq Iud lik 5. c. 6. The great victory of Debora The ceremonies that Kings of EnglaÌ„d vsed in their coronation Vide specu lum Histor Rich. Castrens lib. 3. cap. 3. One onely example in Scripture a sufficient president Iudith 19. It seemeth by the rules and vvordes of holie Scripture that a vvormaÌ„ may haue Ciuil gouernemeÌ„t The Q. of Scotland no stranger to EnglaÌ„d A great coÌ„moditie that shal come to England and Scotland by the vnion of them in case this Succession chaunce
CONCERNING THE DEFENCE OF THE HONOVR OF THE RIGHT HIGH MIGHTIE AND NOBLE PRINcesse Marie Queene of Scotland and Douager of France with a Declaration as wel of her Right Title and Interest to the Succession of the Croune of England as that the Regiment of women is conformable to the lawe of God and Nature Made by Morgan Philippes Bachelar of Diuinitie An. 1570. LEODII Apud Gualterum Morberium 1571. A DEFENCE OF THE HONOVR OF THE RIGHT HIGH RIGHT MIGHTIE and Noble Princesse Marie Queene of Scotlande and Douager of France The First Booke IT were to be wished that as God and nature haue most decently ordinately and prouidentely furnished and adorned manne with two eies two eares and but with one mouth and one tongue wonderfully bridled and kept in with the lippes and the teeth so men would consider the cause of it and the great prouidence of God therein and after due coÌ„sideration vse them selues accordingly Then should we sone learne and practise a good lesson to heare and see many thinges and yet not to runne headlong nor rudely and rashly to talke of al we heare and see but to talke within a compasse and to referre al our talke to a temperance and sobrietie and to a knowen tried trueth especially where the said talke may sound to the blemishing and disgracing of any mans good name and estimation But now a daies the more pitie there is nothing almost but that as sone as it is perceaued by the eye or the eare must furthwith be lasshed out againe by the mouth suche a superfluous and curious itching we haue dissolutely and vnaduisely to talke of al matters though they tende to the great hinderance and infamie of many of our bretherne and though we be nothing assured of the certaine trewth of the matter yea without respecte to priuate or publique persons Of such vnbrideled talke no man or woman in our daies hath as I suppose more iuste cause to complaine then the right Excellent Princesse Ladie Marie Queene of Scotland whose honour many haue gone about to blotte and deface in charging her moste falsly and vniustly with the death of her late husbande the Lorde Darley For the defence and mainteining of whose innocencie in this behalfe we intend to lay forth before the gentle Reader the most chief and principal reasons grouÌ„ds and arguments whervpon the Patrones the Inuentors and workers of al these mischieuouse and diuelish driftes grounded themselues and all their outragious doomges And then consequently to infringe and repulse the same For to rehearse answere to and repell all their assertions and obiections it would require a very long tediouse and a superfluouse Discourse in as muche as these iolie gaie oratours measuring their dooinges more by number of false obiections then by true substantial and pitthy matter to make a goodly florish and a trim shewe to face out and countenance their craftie Iuglinges and to couer their disordered dealings therewithal haue raked vp and heaped together one vpon another against their good Maistres and Souereigne Queene no smal number of slanderous Articles But in al this rablement in al this raking and racking what thing els do they but vtter and disclose their owne spiteful malice and malicious spite to the discrediting of their cause and them selues also Euen as the accusers of Aristophanes among the Athenienses did by whome he being ninetie and fiue times greeuously accused was yet euery time by the Iudges cleared and found guiltlesse as I do no whit doubt but that this good innoceÌ„t Ladie wil be by the verdit and sentence of al indifferent men ridde and vnburdened in like maner of al maner of suspicion that these reprocheful men woulde by their malice and ambition bring her into by thier willes with al the worlde For as goodly and as greate a muster as they make two partes of their slaunderous accusation are manifest false and opeÌ„ vntruethes and foule forged lies The residue thereof though in some part they beare trueth and be nothing preiudicial to the Queene in this matter yet they are ful calumniously and meruelous maliciously depraued drawen and wrested to the worst The effect and drifte of the whole tendeth to this that first they would we should beleeue that after her mariage her minde was as it were alienated from her husband Secondly they pretende certaine letters that they surmise and would haue to haue bene written by her Grace wherby they seeke to inferre against her many a presumption as their wily braines imagine But the moste weighty of them al seemeth to them to be her pretensed Mariage whereof we wil lastly entreate And yet though they haue done their worste though they haue cast out al their spite and malice against her they neuer haue bene able by any direct and lawful meanes to prooue any thing at al wherby they may staine her Graces honour in any one of the foresaid points Had they brought forth any such necessarily concluding illation we had not atteÌ„pted this Defence in her behalfe but would haue yelded and geuen place to an open knowen trewth But seeing that the best matter they haue to supporte their doings withal is nothing else but presumptions and surmises which yet are not of the surest and moste probable forte neither suche as are presumptions Iuris de Iureâ— contra quas non admittitur probatio seeing also that we ought alwaies in criminal causes chiefly when a Prince is touched who is Gods annointed to be more procliue and prone to fauour then to hatred to be readier to absolue and release then to deteine and condemne and that it is farre better and a more sure and more indifferent and vpright way to saue the guilties life then to condeÌ„ne and cast away the innoceÌ„t I trust and am in an assured hope that al the indifferent Readers hereof this being the cause and woful aduersity of a PriÌ„ce wheras the like estate of Princes ought and is wont to moue and sturre al honest harted men to commiseration and pitie and to do their indeuour to the redresse and reformation of suche wrong and oppression done wil with indifferencie and without all partialitie weigh and coÌ„sider the allegatioÌ„s of the one and the other side and iudge of the matter as it falleth out accordingly Which is the very thing we most desire And seeing the Aduersaries throughout al their cause wander by ghesses and vncertaine presumptions let vs also as I may say abuse a litle parte of our Defence What â—y I abuse perchance truely if we had no better or they any good matter at al nay rather vse them accordingly for the more ample and better trial and iustification of our cause We as ke theÌ„ then why the better and the stronger presumptions should not frustrate auoide and set backe the weaker and the worse This sexe naturally abhorreth such butcherly practises Surely rare it is to heare such foule practises in women And may we find in our harts
to beleue that it is now at length found and practised by such a Ladie and Princesse froÌ„ whose person her noble birth her honorable state and priÌ„cely educatioÌ„ and the whole trade of al her godly and vertuous life past do farre repel and driue away al such suspicion and coÌ„iectural presumptioÌ„s And whom al Christian Princes haue had in high estimation and worthy price for her great prudeÌ„cie and many other Princely qualities the which ful goodly do adorne and beautifie the grace and comlines of her Roial personage Doth any man or woman fal to extreme lewdnes al at ones No verily We doo both rise and fall by degrees aswel to all singuler vertues as to al extreme naughtines Let them shew me then if they can any euil doinges in al her former life wherevpon to make a sinister diuination to fasten vpoÌ„ her their treacherous accusations What vnsemely outragiouse and vnprincely parte hath she hitherto played Lette the noble Realme of France testifie of her demeanour and behauiour Let her owne subiects that be not her opeÌ„ enemies and her duble duble traitours accuse her hardly and spare her not But yet let them wel thinke withal at their better leisure and when they shal be better aduised whether there be any indifferent person who wil not both detest and vtterly abhorre the peruers and naughty nature of such vngrate traitours Or that wil not thinke it farre vnlike that this noble Queene who hath so gratiously pardoned them duble and treble treasons would euer finde in her harte so to vse her owne deare husbande This is vnlikely this is incredible and the more al circumstaÌ„ces coÌ„sidered For if she had bene desirous to haue ben ridde of him as they falsly and maliciously imagin and report her to haue ben she had good and lawful meanes to serue her turne Albe it he was her head in wedlocke yet was he otherwise but a member of her commoÌ„ Weale subiect to her as to his principal and supreme Gouernesse and to her lawes By the due and ordinary processe and course whereof he might iustly haue bene conuicted condemned and executed aswel for the murther committed vpon Dauid her Secretarie in whose body his dagger was found stabbed as for the imprisoning of the Queene and for the attempting to remoue her from Ciuil gouernment to intrude him selfe thereto and for diuers other the like pageants by him plaid Who can nowe reasonably thinke that where she by lawe and iustice might haue fully satisfied this her falsely surmised will and desire that she would not take the opportunities in this sort offered but omitting them al seeke vnlawful meanes to his destruction This vehement presumption of her innoceÌ„cy is much holpen for that she would not consent to a diuorse betwene her and the Lord Darley as we shal hereafter declare though she were moued therto by a great numbre of her Nobilitie and by such as be now her greatest Aduersaries I adde thereto as a great and an vrgent presumption and token of her innocencie and pure conscience that she voluntarily came into England refusing the offers of diuers of her owne subiectes who besought her Grace to repaire into their quarters profering to preserue her Grace safe therein wher she knew right wel were both the father and mother of the said Lord Darley a Noble Princesse that would not see the blood of her nere Cosen vnreuenged and a worthy sort of men of Nobilitie also who would neither suffer suche a facte to passe and escape vnpunished nor so vertuouse and giltlesse a Queene to remaine without ayde helpe and succour being with Rebelles and Traitours shamefully oppressed and bereaued of her Royal dignitie The worthy saying also of the wise Cassiue is here to be remembred Cui bono Wherby he did signifie that in suche doubtful coniecturall cases a man may make a great ayme and coÌ„iecture against the personne appeached if by the facte dooing he should enioye any speciall profitte emolument or commoditie If the Queene had after his fatal and final ende purchased to her selfe the matching in mariage with any great and mighty Prince for her great aduancement or any other encrease of her honour or aduantage whatsoeuer there had ben some colour and shew whereby one might haue an apparent presumption Againe she was not ignorant but that his death either proceding from such naughtie meanes or otherwise naturally was likely to be a merueilous great let and impediment to her great affaires Among other things the testimonie and coÌ„fession of diuers guyltie as they be reported and executed in Scotland for the said offence which they opeÌ„ly made at the time of their death doth tende much to the aduancing and approbation of her innocencie These men yet peraduenture wil replie and say that these are but slender presumptions And yet were it so that they were of force sufficient they must yeelde to an approued trueth It remaineth now then that we consider how sure and substantial their proufe is Concerning therefore the first parte we wil not altogether denie but that she was somewhat estranged from him and therfore they might haue spared a great sort of then needelesse and friuolous arguments and yet flat and plaine lies withal to prooue the same But fie vpon the crueltie of these accusers who were the very authours them selues and themselues the only workers and bringers to passe of al this discorde training this seely yong Gentleman by ther guilefull and wily circuÌ„uentions wretchedly to conspire with them against his owne deare wife and dradde Souereigne to the most cruell and detestable slaughter of her trustie Secretarie Dauid and to the imprisonnement of the royal person of the very Queene her selfe These and many other like pranks and practises as the reuocation of th' Earle Murray and of other traitours of your allie and affinitie without the Queenes knowledge by the Lorde Darleyes youthful rash and remerariouse deuice to departe the Realme with many other like practises purposes and attemptes for his princely person very vnmete and farre vnsemely ye craftily suppresse and speake no word of for feare of burning your owne clothes I say therefore fie and dubble fie vpon â—e impudencie of these mischieuous traiâ—â—rs now to lay to the Quenes charge and reprochefully to obiect to her the changing â—her minde toward her husbande which rose and began vpon causes for the which they had bene long earst trised vp if they had not fortuned vpon and met with so gratiouse a Mastresse as I knowe and they though vndeseruing it do wel feele that the whole worlde hath very few her like And yet al this your pretensed alienation of her accustomed fauour from him not withstanding her very motherly care for bysides al other respectes though they were not farre different in yeares she was to him not only a loyal Prince a louing and deare wife but a moste careful and tender mother withal was neuer a deale lessed or minished
nature in himself who delights to make all his iourneis in such sullē solitary sort therfore belike an ill companion to liue withall in any felovvship Then yt shewes his extreeme want of abilitie to defray the expence of woeng in a bountiful shew sitting such a prince as cōmeth to obtein out Queen This his secrete comming departing discouers a mistrustfulnes in him towards our people and therefore no loue which must needs come frō his own ill consci ence of fearing french measure in England for on our part the Lord be thanked we haue not committed such villenies all men deeme him vnworthy to speed who comes in a net as though he were loath to auow his errand Some men may think he is ashamed to shevv his face but I think verely that he meanes not sincerely who loues not light wil not com abroade The last noble princely gentlemā that went out of Englād to vvin a Queen in france gaue trial shew of vvisdome manhod behauiour and personage by open cōuersatiō performing al maner of knightly excercises which makes vs in England to find very strange this vnmanlike vnprincelike secrete fearful suspitious disdainful needy french kind of woeng in Monsieur we can not chuse but by the same stil as by all the other former demonstratife remonstrāces conclude that thys french mariage is the streightest line that can be dravvne frō Rome to the vtter ruine of our church the very rightest perpendicular downfal that can be imagined frō the point france to our English state fetching in vvithin one circle of lamentable fall the royal estate of our noble Queen of hir person nobility and commons vvhose Christian honorable healthful ioyful peaceful and long souereigne raigne without all superior ouerruling commander especially french namely Monsieur the king of kings hold on to his glory and hyr assurance of true glory in that other kingdom of heauen Amen Amen Amen A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England Made by Morgan Philippes Bachelar of Diuinitie assisted vvith the aduise of Antonie Broune Knight one of the Iustices of the Common Place An. 1567. LEODII Apud Gualterum Morberium 1571. A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England The Second Booke THE great prouidence good Reader of the eternal God who of nothing created all thinges did not only create the same by his ineffable power but by the same power gaue a special gifte and grace also to euery liuing thing to continue to renewe and to preserue eche his owne kinde But in this consideration the condition of man among and aboue al earthly thinges hath his pearelesse prerogatiue of wit and reason wherewith he only is of God gratiously endewed and adorned by the which he doth prouide not only for his presente necessitie and sauegard as do also naturally after their sorte al beastes and al other liuing thinges voide of reason but also by the pregnancie of wit and reasonable discourse doth long afore forsee the dangerous perils that many yeres after may happen either to himself or to his Countrey and then by diligence and careful prouision doth inuent apte and mete remedies for the eschewing of suche mischieffes as might outragiously afterwarde occurre And the greater the feare is of greater mischief the greater the deper and the speedier care is wont to be taken to preuent and cut of the the same It is also most certaine by the confession of al the world that this care is principally dew by eche man that hath opportunitie to do good therin to his Prince his Countrey and to the common Weale and good quiet of the Countrey for the continuance and happie preseruation of the same To the preseruation whereof as there are many partes and branches belonging so one principal part is for Subiectes louingly and reuerently to honour dreade and obediently to serue their Souereigne that chaunceth presently to rule and gouerne The next to foreknow to whome they should beare their allegeance after the deceasse of their foresaid Prince and Gouernour Which being once certaine and assuredly knowen as it procureth when the time requireth readie and seruiceable obedience with the great comfort and vniuersal reast and quietnes of the Subiectes so where for the said Successour there is among them discord and diuersitie of iudgementes the matter groweth to faction and from faction to plaine hostilitie and from hostilitie to the daunger of many mens liues and many times to the vtter subuersion of the whole state For the better auoiding of suche and the like inconueniences albeit at the beginninge Princes reigned not by descente of blood and succession but by choyce and election of the worthieste the worlde was for the moste parte constrained to repudiate election and so often times for the better and the worthier to take a certain issue and ofspringe of some one onely persone though otherwise perchaunce not so mete Which defecte is so supplied partely by the great benefit of the vniuersal rest and quietnes that the people enioy thereby and partly by the graue and sage Counsaylours to Princes that the whole worlde in a manner these many thousand yeares hath embraced succession by blood rather then election And politike Princes whiche haue had no children of their owne to succede them haue had euer a special care and foresight thereof for auoiding of ciuil discention So that the people might alwaies knowe the true and certaine Heire apparent chiefly where there appeared any likelyhod of varietie of opinions or faction to ensewe about the true and lawful succession in gouernement This care and foresight doth manifestly appeare to haue bene not onely in many Princes of foraine Countreies but also of this Realme as wel before the tyme of the Conqueste as also after namely in Kinge Edwarde the Confessour in declaring and appointing Eadgare Atheling his nephewes sonne his heire as also in King Richard the first who before he interprised his Iourney to Hierusalem where for his chiualrie he atchiued high honour declared by consent of his Nobilitie and Cōmous Arthur sonne of his brother Duke of Britaine his next heire in succession of the Crowne Of the whiche Arthur as also of the said Eadgare Atheling we wil speake more hereafter This care also had King Richard the second what time by authoritie of Parlament he declared the Lorde Edmond Mortymer that maried Philippe dawghter and heire to his Vncle Leonel Duke of Clarence heire apparente And to descende to later times our late Noble Souereigne King Henry the eyght shewed as it is knowen his prudente and zealous care in this behalf before his last noble voiage into Fraunce And now if God should as we be al as wel Princes as others subiect to mortall chaunces once
of God almighty onely But yet for arguments sake I would faine knowe where you finde your differēce and what authoritie you can shew for the prouf thereof Ye haue made no marginal note of any authoritie and therefore vnlesse ye also saye that ye are Pythagoras I will not beleue your difference Wel I am assured that I can shew you good authoritie to the contrarie and that there is no difference in your cases Pervse I praie you 22. H. 6. And there may you see the opinion of Iustice Newton that there is no difference in your cases but that in both your cases the lande shall eschete vnto the Lorde And Prisote being then of Coūsayle with the party that claimed the lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in law vpon the title This authoritie is against your difference and this authoritie I am wel assured is better then any that you haue shewed to proue your difference But if we shal admitte your difference to be according to the law yet your cases wherevnto you applie your difference are nothing like as I haue said before But to procede on in the proufe of our purpose as it doth appeare that neither the King nor his Croune is bound by these general rules which before I haue shewed so do I likewise say of al the residue of the general rules and Maximes of the lawe being in a manner infinite But to retourne againe vnto your onely supposed Maxime whiche you make so general concerning the dishabilitie of persons borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of this Realme of Englande as it may appeare by King Stephen and by King Henry the seconde who were both straungers and Frenchemen and borne out of the Kinges allegeance and neither were they Kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull Kinges of England nor their title was by any man at any time defaced or comptrolled for any such consideration or exception of foraine birth And it is a worlde to see how you would shifte your handes from the said King Henry Ye say he came not to the Croune by order of the lawe but by capitulation for asmuch as his mother by whome he conueied his Title was then liuing Well admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abilitie And although I did also admit that he had not the Croune by order of the law during his mothers life yet after his mothers death no man hath hitherto doubted but that he was King by lawful succession and not against the lawes and Customes of this Realme For so might you put a doubt in al the Kinges of this Realme that euer gouerned sithens and driue vs to seake heires in Scotland or els where Whiche thing we suppose you are ouer wise to goe about Bysides this I haue hard some of the aduersaries for farther helpe of their intention in this matter saye that King Henry the second was à Queenes childe and so King by the rule of the commō law Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by King Stephen And therefore King Henry the second can not iustly be saied to be a Queene of Englandes childe nor yet any Kinges childe vnlesse ye would intend the Kinges children by the wordes of Infantes de Roy c. to be children of farther degree and descended from the right line of the King so ye might say truely that he was the child of King Henry the first being in deede the sonne and heire of Maude the Emperesse daughter and heire of Kinge Henrie the first Whereby your saide rule is here fowly foiled And therefore ye would faine for the maintenance of your pretensed Maxime catche some holde vppon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde Ye say then like a good and ioly Antyquarie that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected frō the Croune for that cause it is very false Neither haue you any autoritie to proue your vaine opinion in this pointe For it is to be proued by the Cronicles of this Realme that King Richarde the first vncle vnto the sayd Arthur taking his iourney towarde Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune whiche would not haue ben if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although King Iohn did vsurpe aswel vpon the saide King Richard the firste his eldest brother as also vpon the sayd Arthur thur his nephewe yet that is no prouf that he was reiected bycause he was borne out of the Realme Yf ye could proue that then had you shewed some reason and president to proue your intent whereas hytherto you haue shewed none at al nor I am wel assured shal neuer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by th' Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of Englād These reasons and authorities may for this time suffice to proue that the Croune of this Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same Whiche thing being true al the obiectiōs of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of this Realme are fully answered and thereby clearly wiped away Yet for farther arguments sake and to the ende we might haue al matters sifted to the vttermost and therby al things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of this Realme were to be examined and tried by the rules and principles of the cōmon law and then let vs consider and examin farther whether ther be any rule of the cōmon law or els any statute that by good and iust construction can seeme to inpugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente frō King Henry the seuēth and by his eldest daughter as we haue shewed there is no man so impudent to denie What is there then to be obiected among al the rules Maximes and iudgements of the cōmon law of this Realm Only
the said Wil and others for the execution and performance of the same Finally the said Testament was recorded in the Chancerie Wherfore they affirme thaâ— there ought no manner of doubt moue any man to the coÌ„trarie and that either we must graunt this Wil to be signed with his hand or that he made no Wil at al both must be graunted or both denied If any wil deny it in case he be one of the witnesses he shal impugne his owne testimonie if he be one of the executours he shal ouerthrow the foundatioÌ„ of al his doinges in procuring the said Wil to be inrolled and set forth vnder the great Seale And so by their dubblenes they shal make them selues no mete witnesses Nowe a man can not lightly imagine how any other bysides these two kind of witnesses for some of them and of the executors were such as were coÌ„tinually wayting vpon the Kinges person may impugne this Wil and proue that the king did not signe the same But if any such impugne the Wil it would be coÌ„sidered how many they are and what they are and it wil be very harde to proue negatiuam facti But it is euidente say they that there was neuer any such lawful proufe against the said Wil producted For if it had ben it would haue ben published in the Starrechamber preached at Poules Crosse declared by Acte of Parlament proclaimed in euery quarter of the Realme Yea admitting say they that it were proued that the said pretensed Wil lacked the Kinges hande yet neuerthelesse say they the very copies we haue spoken of being written and signed or at least interlined with his owne hande may be saide a sufficient signing with his owne hande For seing the scope and final purpose of the statute was to haue the succession prouided for and ascerteined whiche is sufficiently done in the said Wil and seing his owne hande was required but onely for eschewing euil and sinister dealing whereof there is no suspicion in this Will to be gathered what matter in the worlde or what difference is there when the King fulfilled and accomplisihed this gratiouse Acte that was loked for at his handes whether he signed the Will with his owne hande or no If it be obiected that the King was obliged and bound to a certaine precise order and forme which he could in no wise shift but that the Acte without it muste perish and be of no valewe then say they wee vndoe whole Parlamentes aswel in Queene Maries time as in King Henry the eightes time In Queene Maries time bycause she omitted the Style appointed by Parlamente Anno 〈◊〉 octauiâ—rice simo quinto In King Henries tyme by reason there was a statute that the Kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hande though he be not there personally And yet did the saied King supplie full ofte his confente by the stampe only This yet notwithstanding the said Parlamentes for the omission of these formes so exactely and precisely appointed are not destroyed and disannulled After this sorte in effecte haue the Aduersaries replied for the defence of the said pretensed Will. To this we wil make our reioynder and saye Firste that our principall matter is not to ioyne an islewe whether the saide Kinge made and ordeyned any sufficient Will or no. We leaue that to an other time But whether he made any Testament in suche order and forme as the statute requireth Wherefore if it be defectiue in the said forme as we affirme it to be were it otherwise neuer so good and perfect though it were exemplified by the great Seale and recorded in Chancerie and taken commonly for his Wâ—ll and so accomplished it is nothing to the principal question It resteth then for vs to consider the weight of the Aduersaries presumptions whereby they would inforce a probabilitie that the Testament had the foresaide requisite forme Yet first it is to be coÌ„sidered what presumptions and of what force and number do occurre to auoide and frustrate the Aduersaries presumptions and all other like We say then there occurre many likelyhoddes many presumptions many great and weightie reasons to make vs to thinke that as the king neuer had good and iuste cause to minde and enterprise suche an Acte as is pretended so likewise he did enterprise no such Acte in deede I deny not but that theâ— was such authoritie geuen him neither I deâ—y but that he might also in some honorable sort haue practised the same to the honour and wealth of the Realme and to the good coÌ„tentation of the same Realm But that he had either cause or did exercise the said authoritie in suche strange and dishonorable sort as is pretended I plainely denie For being at the time of this pretensed Wil furnished and adorned with issue the late king Edward and the Ladies Marie and Elizabeth their state and succession being also lately by Acte of Parlament established what neede or likelyhod was there for the king then to practise such newe deuises as neuer did I suppose any king in this Realme before and fewe in any other byside And where they were practised commonly had infortunate and lamentable successe What likelyhode was there for him to practise such deuises especially in his later daies when wisdome the loue of God and his Realme should haue bene moste ripe in him that were likely to sturre vppe a greater fier of greeuouse contention and woful destruction in England then euer did the deadly factioÌ„ of the red Rose and the white lately by the incorporation and vnion of the house of Yorke and Lancaster in the person of his father through the mariage of Ladie Elizabeth eldest daughter of king Edwarde the fourth most happily extinguished and buried And though it might be thought or said that there would be no such eause of feare by reason the matter passed by Parlament yet could not he be ignorant that neither Parlamentes made for Henry the fourth or continuance of twoo Descentes whiche toke no place in geuing any Title touching the Croune in King Henry the sixt nor Parlamentes made for King Râ—chard the third nor Parlaments of attainder made against his father could either preiudice his fathers right or releaue other against such as pretended iust right and title And as he could not be ignoraÌ„t therof so it is not to be thought that he would abuse the great confidence put vppon him by the Parlament and disherite without any apparent cause the next royal blood and thinke all thinges sure by the colour of Parlament The litle force whereof against the right inheritour he had to his fathers and his owne so ample benefit so lately and so largely sene and felt And yet if he minded at any time to preiudice the said Lady Marie Queend of Scotland of al times he would not haue done it then when al his care was by al possible meanes to contriue and compasse a mariage