king and crowne have great priviledge and prerogative above the state and affaires of subjects and great differences allowed in points of law As for example it is a generall common rule of law that the wife after the decease of her husband shall enjoy the third of his lands but yet the Queene shall not enjoy the third part of the Crowne after the Kings death as well appeareth by experience and is to be seene by law Anno 5. and 21. of Edward the third and Anno 9. and 28. of Henry the sixt Also it is a common rule that the husband shall hold his wives lands after her death as tenant by courtesie during his life but yet it holdeth not in a Kingdome In like manner it is a generall and common rule that if a man dye feased of Land in Fee-simple having daughters and no sonne his lands shall be divided by equall portions among his daughters which holdeth not in the Crowne but rather the eldest Daughter inheriteâ—h the whole as if she were the issue male So also it is a common rule of our law that the executor shall have all the goods and chattels of the Testator but not in the Crowne And so in many other cases which might bee recited it is evident that the Crowne hath priviledge above others and cannot be subject to rule be it never so generall except expresse mention be made thereof in the same law as it is in the former place and a statute alledged but rather to the contrary as after shall be shewed there is expresse exception for the prerogative of such as descend of Royall bloud Their second reason is for that the demand oâ— title of a Crowne cannot in true sense bee comprehended under the words of the former statute forbidding aliens to demand heritage within the allegiance of England and that for two respects The one for that the Crowne it selfe cannot be called an heritage of allegiance or within allegiance for that it is holden of no superiour upon earth but immediately from God himselfe the second for that this statute treateth onely and meaneth of inheritance by descent as heyre to the same for I have shewed before that Aliens may hold lands by purchase within our Dominion and then say they the Crowne is a thing incorporate and descendeth not according to the common course of other private inheritances but goeth by succession as other incorporations doe In signe whereof it is evident that albeit the King be more favoured in all his doings then any common person shall be yet cannot hee avoyd by law his grants and letters patents by reason of his nonage as other infants and common heires under age may doe but alwayes be said to be of full age in respect of his Crown even as a Prior Parson Vicar Deane or other person incorporate shall be which cannot by any meanes in law bee said to be within age in respect of their incorporations Whiâ—h thing maketh an evident difference in our case from the meaning of the former statute for that a Prior Deane or Parson being Aliens and no Denizens might alwayes in time of peace demand lands in England in respect of their corporations notwithstanding the said statute or common law against Aliens as appeareth by many booke cases yet extant as also by the statute made in the time of King Richard the second which was after the foresaid statute of King Edward the third The third reason is for that in the former statute it selfe of King Eâ—ward there are excepted expresly from this generall rule Infantes du Roy that is the Kings off spring or issue as the word Infant doth signifie both in France Portugall Spaine and other Countries and as the Latine word Liberi which answereth the same is taken commonly in the civill 〈◊〉 Neither may we restraine the french words of that Satute Infantâ—s du Roy to the kings children onely of the first degree as some doe for that the barrâ—nnesse of our language doth yeeld us no other word for the same but rather that therby are understood as wâ—ll the nephewes and other discendants of the king or blood Royall as his immediate children For it were both unreasonable and ridiculous to imagin that king Edward by this statute would go about to disinherit his own nâ—phews if hâ— should have any borne out of his own allegiance as easily he might at that time his sons being mâ—ch abroad from England and the black Prince his eldest son having two children borne bâ—yond the seas and consequently it is apparent that this rule or maxime set down against Aliens is no way to be stretched against the descendants of the king or of the blood Royall Their fourth reason is that the meaning of king Edward and his children living at such time as this statute was made could not be that any of their linage or issue might be excluded in law from inheritance of their right to the Crowne by their foraine birâ—h wheresoever For otherwise it is not credible â—hat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other meanâ—s as Leoneâ— the kings third son was married in Millan and Iohn of Gaunt the fourth son gave his two daughters Philip and Katherine to Portugall and Câ—stâ—le and his neece Joan to the king of Scots as Thomas of Woodstocke also the yongest brother married his two daughters the one to the king of Spaine and the other to Dâ—ke of Britaine Which no doubt they being wise Princes and so neer of the blood Royal would never have done if they had imagined that hereby their issue should have lost all claime and title to the Crown of England and therefore it is most evident that no such bar was then extant or imagin'd The fift reason is that divers persons born out of all English dominion and allegiance both before the Conquest and since have bin admitted to the succession of our Crown as lawfull inheritours without any exception against them for their foraine birth As before the Conquest is evident in yong Eâ—gar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Confâ—ssor with full consent of the whole Realm the B. of Worcester being sent as Ambassador to fetch him home with his father named Edward the out-law And since the Conquest it appeareth plainly in king Stephen and king Henry the second both of them borne out of English dominions and of Parents that at their birth were not of the English allegiance and yet were they both admitted to the Crowne Yong Arthur also Duke of Britain by his mother Constance that matched with Geffray king Henry the seconds sonne was declared by king Richard his unckle at his departure towards Jerusalem and by the whole Realme for lawfull heire apparent to the Crowne of England though
he were borne in Britaine out of English allegiance and so he was taken and judged by all the world at that day albeit after king Richards death his other uncle Iohn most tyrannously took both his kingdome and his life from him For which notable injustice he was detâ—sted of all men both abroad and at home most apparently scourged by God with grievous and manifold plagues both upon himself and the Realm which yeelded to his usurpation So that by this also it appeareth what the practice of our Countrey hath beene from time to time in this case of forraine birth which practice is the best intâ—rpreâ—er of our common English law which dependeth especially and most of all upon custome nor can â—he adversary alledge any one example to the contrary Their sixt is of the judgement and sentence of King Henry the seventh and of his Councell who being together in consultation at a certaine time about the marriage of Margaret his eldest daughâ—er into Scotland some of his Councell moved this doubt what should ensue if by chance the kings issue male should faile and so the succession devolve to the heyres of the said Margaret as now it doth Whâ—reunto that wâ—se and most prudent Prince made answer thâ—t if any such event should be it could not be prejudicialâ— to Englâ—nd being the bigger part but rather beneficiall for that it should draw Scotland to England that is the lesser to the more even as in times past it happened in Normandy Aquitaine â—nd some other Provinces Which answer appeased all doubts and gave singular content to those of his Councell as Polidore writeth that lived at that time and wrote the speciall matters of that reigne by the kings owne instruction So that hereby wee see no question made of king Henry or his Councellors touching forraine birth to let the succession of Lady Margarets issue which no doubt would never have beene omitted in that learned assembly if any law at that time had beene esteemed or imagined to beare the same And these are six of their principallest reasons to prove that neither by the words nor meaning of our common lawes nor yet by custome or practice of our Realme an Alien may bee debarred fâ—om claim of his interest to the Crowne when it falleth to him by righfull descent in blood and succâ—ssion But in the particular case of the Queen of Scots and â—erson they doe adde another reason or â—wo thâ—reby to prove them in very deed to be no Aliens Not only in respect of their often and continuall mixture with English blood from the beginning and especially of late the Queens Grandmother and husband being English and so her sonne bâ—goâ—ten of an English father but also for two other causes and reasons which seeme in truth of very good importance The first is for that Scotland by all Englishmen howsoever the Scots deny the same is tâ—ken and holden as subject to England by way of Homage which many of their kings at divers times have acknowledged and consequently thâ— Queene and her son being borne in Scotland are not borne out of the allegiance of England and so no forrainers The second cause or reason is for that the forenamed statute of forrainers in the 25 yeare of King Edward the third is intitled of those that are borne beyond the seas And in the body of the said statute the doubt is moved of children borne out of English allegiance beyond the seas whereby cannot bee understood Scotland for that it is a piece of the continent land within the seas And all our old Records in England that talke of service to bee done within these two countries have usually these Latin words Infraquatuor mâ—ria or in French deins lâ—zquâ—tre mers that is within the foure Seas whereby must needs be understood as well Sâ—otland as England and that perhaps for the reason before mentioned of the subjection of Scotland by way of Homage to the Crowne of England In respect whereof it may be that it was accounted of old but one dominion or allegiance And consequently no man borne therein can bee accounted an alieâ— to Englaâ—â— And this shal suffice for the first point touching foragine Nativity For the second impediment objected whâ—ch is the testament of King Henry the eight authorized by Parliament wherby they affirm the succession of Scotland to be excluded it is not precisely true that they are excluded but onely that they â—re put back behinde the succession of the hous of Suffolk For in that pretended Testament which after shâ—ll be proved to be none indeed King Henry so disposeth that after his own children â—f they shold chance to dye without issue the Crowne shall passe to the heires of Frances of Elenor his neeces by his yonger sister Mary Queene of France and after them deceasiâ—g also without issue the succession to returne to the next heire againe Whâ—rby it is evident that the succession of Margarâ—t Queene of Scotland his eldest sister is not excluded but thrust back onely from their due place and order to expect the remainder which may in time be left by the yonger Whereof in mine opinion doe ensue some considerations against the present pretenders themselves First â—hat in King Henries judgement the former pretended rule of foraine birth was no sufficient impediment agaiâ—st Scotland for if it had bin no doubt but that he would have named the same in his alleaged testament and thereby have utterly excluded that successioÌ„ But there is no such thing in the testament Secondly if they admit this testament which alotteth the Crown to Scotland next after Suffolk then seeing that all the house of Suffolk by these mens assertions is excluded by bastardy it must needs follow that Scotland by their own judgement is next so this testament wil make against them â—s indeed it doth in all points most apparantly but only that it preferreth the house of Suâ—â—olk before that of Scotland And therefore I think sir that you mistake somewhat about their opinion in alleaging this testament For I suppose that no man of my Lord of Huntingtons faction will alleage or urge the testimony of this testament but rather some friend of the house of Sâ—ffâ—lk in whose favour I take it that it was first of â—ll fâ—rged It may be quâ—th the Gentleman nor will I stand obstinatly in the contrary for that it is hard sometime to judge of what faction each one is who discoursâ—th of these affâ—irâ—s But yet I marvel â—f it were as you say wâ—y Lâ—ycesters Father â—fâ—er K. Edwardâ— death made no mention therof in the favor of Suffolk in the other testament which then he proclaimed as made by K. Edward deceased for preferment of Suffolk before his own sisters The cause of this is â—vident quoth the Lawyer for that it made not sâ—ffiâ—iently for his purpose which was to disinherit â—he two dâ—ughters of King Henry himselfe and advance the
hee was going towards the place of his appoynted destiny there was given up into his hands a detection of the whole treason with request to read the same presently which he upon confidence omitted to doe Wee read also of Alexander the great how hee was not onely forbidden by a learned man to enter into Babylon whither he was then going for that there was treason meant against him in the place but also that he was foretold of Antipaters mischievous meaning against him â—n particular Buâ— the yong Prince hâ—ving so well deserved of Antipatâ—r could not bâ— brought to mistâ—ust the man that was so deaâ—e unto him and by that meanes was poysoned in a banquâ—t by three sons of Antipater which were of most credit and confidence in the Kings Chamber Here truly my heart did somewhat tremble with feare horror and detâ—station of such events And I said unto the Gentlemâ—n I beseech you Sir to talke no more of these matters for I cannot well abide to heare them named hoping in the Lord thâ—t there is no câ—use nor ever shâ—ll be to doubt the like in England especially from thâ—se mâ—n who are so much bound to her Majesty and so forward in seeking out and pursuing all such aâ— may be tâ—ought to be dâ—ngerous to her Majesties peâ—son as by the â—undâ—y late executions wee have have seâ—n and by the punishments every way of Papists we mâ—y perceive Truth it is quoth the Gentlemâ—n that justice hath bin done upon divers of late which contenteth me gâ—eatly for the terrouâ— and râ—straint of others of what sect or religion soâ—ver they be And it is most necâ—ssary doubtles for the compressing of paâ—tiâ—s that greâ—t vigilance be used in thaâ— behalfe But when I consider that only one kind of men are touched heâ—ein and that all speeâ—h regard doubt distrust â—nd watch is of them alone without reflection of eye upon other mens doings or dâ—signements when I see the double diligence and vehemency of câ—rtaine instruments which I like not bent wholly to raise wonder and admiration of the people feare terrour and attention to the dâ—inâ—s sayings and meanings of one part or â—action alone and of that namely and only which these conspirators esteem for most dangerous and opposite to themselves I am beleeve me often tempted to suspect fraud and false measure and that these men deale as wolves by nature in other Countries are wont to do Which going together in great numbers to assaile a flocke of sheep by night doe set some one or two of their company upon the wind side of the fold a far off who parly by their sent and oâ—her bruteling which of purpose they make may draw the dogs and shepheards to pursue them alone whiles the other doe enter and slay the whole flock Or as rebels that meaning to surprize a Town to turne away the Inhabitants from considering of the danger and from defence of that place where they intend to enter doe set on fire some other parts of the Towne further off and doe sound a false alarme at some gate where is meant least danger Which art was used cunningly by Richard D. of Yorke in the time of King Henrie the sixt when he to cover his owne intâ—nt brought all the Realme in doubt of the doings of Edmond Duke of Somerset his enemy But Iohn of Northamberland father to my Lord of Leycester used the same art much more skilfully when hee put all England in a maze and musing of the Protector and of his friends as though nothing could be safe about the yong King untill they were suppressâ—d and consequently all brought into his owne authority without obstacle I speake not this to excuse Papists or to wish them any way spared wherein they offend but onely to signifie that in a Countrey where so potent factions bee it is not safe to suffer the one to make it selfe so puissant by pursuit of the other as afterwards the Prince must remaine at the devotion of the stronger but rather as in a body molested and troubled with contrarie humours if all cannot be purged the best Physick is without all doubt to reduce and hold them at such an equality as destruction may not be feared of the predominant To this said the Lawyer laughing yea marry Sir I would to God your opinion might prevaile in this matter for then should wee bee in other tearmes then now we are I was not long since in company of a cetaine honourable Lady of the Court who after some speech passed by Gentlemen that were present of some apprehended and some executed and such like affâ—ires brake into a great complaint of the present time and therewith I assure you moved all the hearers to griefe as women you know are potent in stirring of affections and caused them all to wish that her Majesty had beene nigh to have heard her words I doe well remember quoth she the first dosen yeares of her Highnesse reigne how happy pleasant and quiet they were with all manner of comfort and consolation There was no mention then of fâ—ctions in religion neither was any man much noted or rejected for that cause so otherwise his conversation were civill and couâ—teous No suspition of treason no talke of bloudshed no complaint of troubles miseries or vexations All was peace all was love all was joy all was delight Her Mâ—jestie I am sure took more Recreation at that time in one day than shee doth now in a whole week and wee that served her Highnesse enjoyed more contentation in a weeke than we can now in divers yeares For now there are so many suspitions every where for this thing and for that as we cannot tell whom to trust So mâ—ny melancholick in the Court that seem male-contented so many complayning or suing for their friends that are in trouble others slip over the Sea or retire themselves upon the suddaine so many tales brought us of this or that danger of this man suspected of that man sent for up and such lâ—ke unpleasant â—nd unsavorie stuffe as we can never almost bee merry one whole day together Wherefore quoth this Lady wee that are of her Majesties traine and speciall service and doe not onely feele these things in our selves but much more in the grief of her most excellent Majesty whom we see dayly molested herewith being one of the best natures I am sure that ever noble Princesse was indued withall wee cannot but mone to behold contentions advanced so far forth as they are and we could wish most heartily that for the time to come these matters might passe with such peace friendship and tranquillity as they doe in other Countryes where difference in religion breaketh not the band of good fellowship or fidelity And with this in a smiling manner she brake off asking pardon of the company if she had spoken her opinion over boldly like a woman To whom answered a Courtier that
afraid to meet them in the field as a Knight should have done His treacheries towards the noble late Earl of Sussex in their many breaches is notorious â—o all England As also the bloody practises against divers others But as among many none were more odious and misliked of all men then those against Monsieur Simiers a stranger and Embassadour whom first he practised to have poisoned as hath bin touched before and when that device tooke not place then he appointed that Robin Tider his man as after upon his Ale-bench he confessed should have slaine him at the Blackfriars at Greenwich as he went forâ—h at the garden gate but missing also that purpose for that he found the Gentleman better provided and guarded then he expected he dealt with certaine Flushiâ—ers and other Pirates to sinke him at Sea with the English Gentlemen his favourers that accompanied him at his returne into France And though they missed of this practice also as not daring to set upon him for feare of some of her Majesties ships who to breake off this designment attended by speciall commandement to waft him over in safety yet the foresaid English Gentlemen were holden foure houres in chace at their coming backe as Master Rawley well knoweth being then present and two of the chasers namâ—d Clark and Harris confessed afterward the whole designment The Earl of Ormond in likewise hath often declared and will avouch it to my Lord of Leicesters face whensoever he shall be called to the same that at such time as this man had a quarell with him and thereby was likely to be enforced to the field which he trembled to thinke of he first sought by all meanes to get him made away by secret murder offering five hundred pounds for the doing thereof And secondly when that device tooke no place he appointed with him the field but secretly suborning his servant William Killigre to lye in the way where Ormond should passe and so to massacre him with a caliver before he came to the place appointed Which murder though it tooke no effect for that the matter was taken up before the day of meeting yet was Killigre placed afterward in her Majesties privy Chamber by Leicester for shewing his ready minde to doe for his Master so faithfull a service So faithfull a service quoth I truly in my opinion it was but an unfit preferment for so facinorous a fact And as I would be loth thaâ— many of his Italians or other of that art should come nigh about her Majesties kitchen so much lesse would I that many such his bloody Champions should be placed by him in her Highnesse chamber Albeit for this Gentleman in particular it may be that with change of his place in service he hath changed also his minde and affection and received better instruction in the feare of the Lord. But yet in general I must needs say that it cannot be but prejudiciall and exceeding dangerous unto our noble Prince and Realme that any one man whatsoever especially such a one as the world taketh this man to be should grow to so absolute authority and commandry in the Court as to place about the Princes person the head the heart the life of the land whatsoever people liketh him best and that now upon their deserts towards the Prince but towards himselfe whose fidelity being more obliged to their advancer then to their soveraigne doe serve for watchmen about the same for the profit of him by whose appointment they were placed Who by their meanes casting indeed but nets and chaines and invisible bands about that person whom most of all he pretendeth to serve he shutteth up his Prince in a prison most sure though sweet and senselesse Neither is this art of aspiring new or strange unto any man that is experienced in affairâ—s of former time for that it hath been from the beginning of all government a troden path of all aspirers In the stories both sacred and prophane foraine and domesticall of all Nations Kingdomes Countries and States you shall read that such as ment to mount above others and to governe all at their owne discretion did lay this for the first ground and principle of their purpose to possesse themselves of all such as were in place about the principall even as he who intending to hold a great City at his owne disposition dareth not mak open war against the same getteth secretly into his hands or at his devotion al the Towns Villages Castles Fortresses bulwarks Rampires Waters Wayes Ports and Passages about the same and so without drawing any sword against the said City he bringeth the same into bondage to abide his will and pleasure This did all these in the Roman Empire who rose from subjects to be great Princes and to put downe Emperours This did all those in France and other Kingdomes who at sundry times have tyrannized their Princes And in our owne Countrey the examples are manifest of Vortiger Harold Henry of Lancaster Richard of Warwicke Richard of Glocester Iohn of Northumberland and divers others who by this meane specially have pulled downe their lawfull Soveraignes And to speake onely a word or two of the last for that he was this mans Father doth not all England know that he first overthrew the good Duke of Somerset by drawing to his devotion the very servants and friends of the said Dâ—ke And afteâ—ward did not he possesse himselfe of the Kings owne person and brought him to the end which is knowne and before that to the most shamefull disheriting of his owne royall Sisters and all this by possessing first the principall men that were in authority about him Wherefore sir if my Lord of Leicester have the same plot in his head as most men thinke and that he meaneth one day to give the same push at the Crowne by the House of Huntington against all the race and line of King Henry the seventh in generall which his Father gave before him by pretence of the House of Suffolke against the Children of King Henry the eight in particular he wanteth not reason to follow the same meanes and platform of planting speciall persons for his purpose about the Prince for surely his fathers plot lacked no witty device or preparation but onely that God overthrew it at the instant as happely he may doe this mans also notwithstanding any diligence that humane wisedome can use to the contrary To this said the Gentleman that my Lord of Leycester hath a purpose to shoot one day at the Diadem by the title of Huntington is not a thing obscure in it selfe and it shall bee more plainly proved hereafter But now will I shew unto you for your instruction how well this man hath followed his fathers platforme or rather passed the same in possessing himselâ—e of all her Majesties servants friends and forces to serve his turne at that time for execution and in the meane space for