2. 21 E. 4. fol. 97. 7 H. 7. fo 15. Yf therefore any deede dothe wante that speciall clause and mention althowghe the partie in deede hathe putt his seale vnto the same yet ys that deede or specialtie voyde iÌ„ lawe So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same and farther dothe appointe to carrie or driue the same distresse vnto the povvnde 9. E. 4 fo 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and seruices Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie 29 H. 6. fol. 6. or yf he shall labour occupie the chattelles distrained 29. li. Assiar The distresse so taken by him ys iniuriouse and vvrongfull in lavve p. 64 For as muche as he hathe not done accordinge to the prescribed order of the lavve The statute made Anno 32. H. 8. geuethe aucthoritie vnto tenaÌ„te in tayle and to others beinge seased of lande in the right of theire vviues or churches to make leases of the same Wherein also a prescripte order and forme for the same ys sett forthe Yf any of the saide persons shall make any lease wherein he dothe not obserue the same prescribed order in all pointes the same lease ys not vvarented in any point by the saide statute Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of laÌ„de appointethe a forme and order for the same 27. H. 8. cap. 10. that ys they muste be by vvritinge indeÌ„ted sealed aÌ„d enrolled vvithin sixe monethes next after the dates of the same vvritinges Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted the same ys vitious aÌ„d voide in the lavve So likevvise the statute made in An. 32. H. 8. geaueth aucthoritie to dispose laÌ„des and tenemeÌ„tes by laste vvill and restamente in vvritinge 32. H. 8. cap. 1. Yf a man do demisse his laÌ„de by his laste vvill restameÌ„te nuncupatiue vvithovvte vvrittinge this demise is insufficieÌ„te in lavve aÌ„d ys not warranted by the saide statute We leue of a nomber of like cases that we might multiple in the proufe of this matter Wherein vve haue tarried the longer by cause the adâ—saries make so greate a countenaÌ„ce therevpon And by cause all vnder one yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parliamentes by his lettres patentes signed vvith his hande Which ys nothinge else but a declaration and affirmaÌ„ce of the coÌ„mon lawe And no newe aucthoritie geven to him to do that he coulde not do before or any forme praescribed to binde him vnto Besides that in this case there ys no feare in the worlde of forginge and counterfeytinge the kinges hande Where as in the testamentarie cause yt ys faâ—re other wise as the worlde knovvethe and dailie experience teacheth And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande yt can not any vvaye hurte or hinder the iuste right aÌ„d clayme of the Quene of Scotlande to the succession of the crovvne of Englande Nowe supposinge that neither the Lorde Pagett nor Syre Edvvarde Mountegevve aÌ„d willim Clarke had testified or published any thinge to the infringinge and overthrowinge of the aduersaries assertioÌ„ towchinge the signinge of the saide will Yet ys not therebye the Quene of Scotlandes title altogether hindered For she yet hathe her iuste aÌ„d lawfull defeÌ„ce for the oppugninge of the saide Assertion aswell againste the persons and saienge of the witnesses yf any shall come forthe as otherwise she maye iustlie require the saide will to be browght furthe to light and especiallie the signinge of the same vvith the kinges hande to be dewly and consideratelie pondered weied and conferred She hathe her iuste defence and exceptions and muste have And yt were against all lawes and the lavve of nature yt self to spoile her of the same And all good reason geavethe that the saide originall will standinge vpon the triall of the kâ—nges hande be exhibited that yt maye be compared vvith his other certaine and well knowen hande writinge and that other thinges maye be done requisite in this behalf But yet all this notwithstandinge lett vs nowe imagine and suppose that the kinge him self whose harâ—e and hande Were dovvbtelesse farre from any suche doinges Lett vs yet I saie admitte that he had signed the saide Will vvith his ovvne hande Yet for all that the aduersaries parchance shall not finde no not in this case that the Quenes iuste title right and intereste dothe any thinge fayle or quayle The supposed will caÌ„ not preiudice the Q. of Scottes thovvghe yt had bene signed vvith the Kinges ovvne hande Or rather lest vs vvithovvte any perchance saye the iustice and aequitie of her cause and the invincible force of trevvthe to be suche that neither the stampe nor the kynges ovvne hande can beare and beate yt dovvne Which thinge we speake not vvith ovvte good probable and vveightie reasons Neither do vve at this time minde to debate and discovvrse vvhat povver and aucthoritie and howe farre the parlamente hathe yt in this and like cases Which parchance some other vvolde here do We vvill onlie intermedle vvith other thinges that reache not so farre nor so highe and seame in this our presente question vvorthie and necessarie to be considered And firste before we entre into other matters vve aske this reasonable and necessarie question Whether theis generall vvordes vvhereby this large and ample aucthoritie ys conueyed to kinge Henrie muste be as generallie and as amplie taken or be restrained by some manner of limitation aÌ„d restriction agreable to suche mynde and purpose of the parliamente as muste of verie necessitie or greate lykelyhodde be construed to be the verye mynde and purpose of the sayde parliamente Ye will saye perchance that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte exception sauinge for the owtewarde signinge of the will Trewthe yt ys there ys nothynge elles expressed But yet was there some thinge elles principallie intended and yet for all that there must nedes be some qualification aÌ„d restraiÌ„t of the generall words of the statute neaded not to be specified The owtewarde manner was so speciallie and preciselie appointed and specified to auoide suspitious dealinge to auoide corruption and forgerie And yet vvas the vvill good and effectuall vvithowte the kinges hande Yea and the assignation to had bene good had not that restrainte of the kinges hande bene added by the parliamente But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the vvordes were they neuer so large and ample there ys thowghe nothinge were spoken therof an ordinarie helpe and remedie otherwise
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
laste will disposed thys realme in to two or three partes devidinge the governemente therof to three persons to rule as severall kynges As for exemple wales vnto one the Northe partes vnto an other the Sowthe partes vnto the thyrde and by that meanes had miserablie reÌ„te this realme in to partes Had this ben accordinge to the inteÌ„te and meaninge of the saide actes of parliament or had yt bene a good aÌ„d sufficieÌ„t limitation in lawe No verelie I thyncke no man of any reasonable vnderstandynge will so saye And no more can he eyther saye or thyncke of the remainder limited vnto the heires of the bodie of the saide Ladie FraÌ„ces by the saide supposed will Nowe to complete and finishe this our treatise towchinge the Quene of Scotlandes title to the succession of the crovne as we have done so lett vs frelie and liberallie grauÌ„te the aduersaries that which ys not trewe that ys that the sayde supposed vvill vvas signed vvith the kinges ovvne haÌ„de Lett the heires of the Ladye Fraunces come forthe in godes name laye forthe to the worlde theire demaunde and supposed right againste the sayde Quene of Scotlandes intereste The Quene on the other side to fortefie and stâ—engthen her claime layethe forthe to the open sight of all the worlde her iuste title and interest signed aÌ„d alwayes a fore this time allowed nor onlye as vvith the seales but vvith the othes also of all the kinges that euer were in EnglaÌ„de taken at the time of theire coronation for the continuance of the lawes of this noble realme of Englande Signed and allowed I saye almoste of all the vvorlde besides Yea signed with God aÌ„d nature theire owne fingers Her right ys as open and as cleare as the bright sonne Nowe to darken and shadowe this glorious light What do the heires of the saide Ladye Frances or others bringe forthe to grownde theire iuste claime and demaunde vpon When all ys done they are faine to ruÌ„ne and catche holde vpon kinge HeÌ„rie the eightes written vvill signed with his owne haÌ„de Well let them take as good hand faste theron as they can But yet lett theÌ„ shewe to the saide Quene the saide originall vvill Yt ys vvell knowen that they them selues haue saide that that to do they can not Yet lett them at leaste laye forthe some authenticall recorde of the same Yt ys also notorious they can not Yf then the fowndation of theire claime beynge the vvill of suche a Prince and of so late and freshe memorie made neither the originall nor yet any good and vvorthie recorde sufficientlie authorised remaine of the same By what colour vvill they exclude the sayde Quene They muste claime either by ê“ximitie of bloude or by charter For the firâ—te nature hathe excluded them charter they haue none to shewe They will perchance crye owte and complaine of the losse and imbecillinge of the same and saye that suche a casualtie shoulde not distroye and extingwishe theire right This were some thinge perchance yf yt vvere in a priuate mans case Yt vvere some what yf theire demaunde did not destroye the common lawe and the lawe of nature also Yt vvere somevvhat yf theire supposed charter vvere perisshed or by any fraudulent meanes intercepted by the sayde Quene vpon vvhom in this pointe yt ys not possible to fasten any the verye least sinister suspicion Yt were somewhat yf they dyd not aspire to take gayne and lucre Or yf the Quene sowght not to auoyde dommage For doÌ„mage yt ys when any persone ys spoyled of any ryght dewe to hym by lavve and reason And there ys a greate oddes in the consideration of the lavve and reason betwene avancinge our gaine aÌ„d gaine we do that that doth growe and accrevve vnto vs by mere gyfte or legacie as dothe the crovvne Non est par ratio lucra non capere damna sentire l. fi C. codiciÌ„lle l. proculus ff de daÌ„no inflic iÌ„stitut de leg si res de leg fin C. to theis competitoures and heyres of the Ladie Frances and eschevvenge doÌ„mage and losse And losse the lavve accompteth to be when we are defeated of our auncetours inheritaÌ„ce So that bothe beinge putt in the indifferent balance of reason lavve and conscieÌ„ce the doÌ„mage shall overvveyghe the mere lucre and gaine Yea I vvill saye more that in case eyther the saide Quene of Scotlande or anie other were in possession of the crovne havinge no ryght to the same yet yf the issevve of the Ladie Frances had no farther nor better ryght then theis pretended vvritynges the defendant cleavinge to the onlie possession Were sauf and suer and vvere not bovvnde to shevve to them theire title For yt ys a rule of the lawe that yf the plaintiffe faile in his proufe l. qui accusare C. de edendo §. coÌ„modum Inst. de interdict the defendaÌ„te shal be discharged Yea thovvghe he hathe no better ryght then bare and naked possession Neither coulde they any thinge be relived thowghe the preteÌ„sed recorde of the chaun cerie vvere yet extante not for suche cavvses onlie as vve have specified but for divers other For yt maye well be doubted thovgh the saide recorde might beare sufficient creditt amonge the subiectes of this Realme Wether yt maye beare the same agaiÌ„ste one that ys no subiecte Againe yt ys a rule l. si quis in aliquo documeÌ„to C. de edeÌ„do that the publike instrumeÌ„te makinge mention of an other dothe nothinge prove againste the partie in respecte of any thynge so mentioned oneles the originall yt self be producted Yf therefore theis coÌ„petitours have loste theire instrumeÌ„tes and evidences vvhere vpon they muste of necessitie builde theire demaunde and claime to the exclusion of an other notorious ryght and tytle they muste beare the discommoditie therof that sovvght there by theire lucrative advancement and commoditie not the person that demaundeth nothinge else but that to hym lavvfullie and orderlie ys devve Yea they aÌ„d vve to have good cavvse to thinke that this thinge in case anie suche vville vvere ys vvonderfullie vvrovvght by godes permission and prouidence For yt ys almoste incredible to heare and beleaue suche kinde of writinges and in so greate and weightie a matter as this pretensed will comprisethe so sone extinguished and perished as yt were for speciall purpose to preserue to this noble realme the trewe aÌ„d syncere succession of the next royall bloud vvhich yf yt shoulde be certaine I can not tell vvhat enterlined papers and scrowles be deriued and transferred to any other vvrongfull heires Yt wil be a vvonderfull and strange thinge to the vvorlde to heare and to importable to vs and to our posteritie to beare yt Yt vvill then be so farre of that that thinge vvhich the parliamente moste regarded in this coÌ„mission shall by this pretensed vvill be procured and purchassed to this realme as to haue a certaine knowen vndowbted lawfull gouernour kinge to haue striffe contentions and deuisions for the
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
that in criminall matters for suche are theis the accusers alledge and bringe fourth nothinge but that they maye be able to approve and iustifie by the testimonye of good and lawfull vvytnesses l Fin. C. probat or by some other most manifest cleare and euident prouf or presumptions Sciant cuncti accusatores eam se rem deferre in publicam notionem debere Vvhat exquisite proufes be required in criminall causes quae munita sit idoneis testibus vel instructa apertissimis documentis vel indicijs ad probationem indubitatis luce clarioribus expedita This rule owght to be obserued and kept in the simplist and seliest poore mans cause that is And thincke you novve Theys surmised lettres neither haue superscription of the vvriter nor subscription neyther anye date neither signed nor sealed the berer neuer knevven you most vngrate and vnthaÌ„kefull subiects that ye maye lavvfullie take armes against your maistresse most benigne Quene that ye maye cast her into vile prison and spoile her of her crovvne And Whiche ys more of her good aÌ„d honorable name fame and estimation And then bleare meÌ„s eyes and face the Worlde owte With the shewe of theis lettres as yt Were with a carde of tenne But yet saye you they are her lettres she deniethe them and We denie them to There ys neither subscriptioÌ„ of the writer nor suê‘scriptioÌ„ vnto vvhome they Were directed they are neither sealed nor signed there appearethe neither date Wherein they Were dated neither daye nor monethe There ys no meÌ„tion made of the berer Who is as yt maye be supposed for any name he beareth the man in the mone He Was never yet knovven nor hearde of that did either receave or deliuer them For as for hym that ye surmise Was the bearer of them and Whome you have executed of late for the saide murther he at the time of hys saide exeÌ„cution toke yt vpon hys deathe He that vvas the surmised bearer at his deathe denied the same as he shoulde ansvvere before god that he never caried any suche lettre nor that the Quene vvas participaÌ„te or of counsaile in the cause Thincke ye that vvise experte men are ignorante hovve perelouse and daÌ„ngerouse a matter yt ys to fasteÌ„ any good prouf vpon collation of lettres and hovve easie yt ys to some men to imitate counterfaite any character the which a knight late disseased in Englande coulde so livelie and subtilie doe An easye thinge to coÌ„terfeite a maÌ„s haÌ„d that he Who vvrote most crabbedlie vnâ—eageablie coulde hardelie discerne hys ovvne hande Writinge from the knights counterfeitinge haÌ„de But Who coÌ„ferred theis lrÌ„es I praie your vvith your Quenes ovvne hande writinge Dare you to Warrante them in this so perilouse and weightie a cause to haue bene so exquisitelie and so exactelie vewed coÌ„ferred vith all suche devve circunstances as the ciuill lavve dothe require vvere yt but a ciuill or a money matter You vvill paraduenture ansvvere that there vvas devve collation by you made O perfecte and vvorthie collation O mete and apte men for suche a purpose As thovvghe yt ys not notoriouselie knovven throvvghe ovvte the Worlde that ye are her most mortall enemies as thowghe theis counterfeite lettres vvere not the vnderpropped postes and vpholders of your whole treacherie and vsurped kyngdome As thovvghe that manie in ScotlaÌ„de coulde not expresse and resemble aÌ„d counterfeite in theire vvritinge the Quenes verie character And as thovvghe there vvere not amongest your selves some singuler artificer in this handicrafte and that hathe sente lettres also in her verie name asvvellinto Englande Theis lettres vvere fained coÌ„tritved by the Quenes aduersaries as to other places besides vvithovvte either her commaundemente or knovvledge Hovve caÌ„ I chose theÌ„ but saie that this deade ys your shamefull handicraft not her hande vvritiÌ„ge Yea suerlye all this ys your ovvne fained forginge most vile counterfeitinge Yf you be aÌ„grie vvithe me for thus saieÌ„ge by you I hope you vvyll be sone colde againe seinge that I vvill not bringe ovvte anye deade vvitnesses as ye craftelie do contrarie to reason and lavve Quia testibus non testimonijs credendum est Nor suche like but good sufficiente and lavvfull vvitessnes suche as ye can not by anie iust exception or tergiuersation auoide or elude And those are none other but eauen your selues For either you muste bringe forthe good and apparente vvitnesses to proue yt her hande or some suche as Were priuie to the meaninge of the same lettres wiche ye neither yet haue done nor are likelie ever to doe or ye muste graunte that you Were priuie to them your selues Withe the Quene or at leaste Withe the saide Erle Whom ye surmise to haue receaued theis lettres or that all this ys by you maliciouselie driuen and concluded Yf ye graunte vs that ye vvere priuie of the saide lettres vve trust then you vvill be good to the Qâ—ene aÌ„d yf yt were but for your owne honesties sake Yf ye denie that and vvith all that you Were the coÌ„triuers therof your selues We praye you to tell vs and blushe not hovve you coulde so redelie and so directelie hitt the interpretation of theis Words our affaires and What theis vvords shoulde meane there beinge so manie affaires as you pretende in theis your fained false lettres betvvene the Quene and the Erle That onlie thinge that by theis words ye surmise pretende and coniecture I suppose that yf you vvere vvell examined of this pointe vpon the sodaine and vvere vrged and vehementlie pressed by anie indifferente and vpright iudge you vvolde be somevvhat to seake And yet take at your leasure as good aduisemente and as longe consultation vvithe your selues as ye can and maie thincke mete And seake as manie fine fetches as ye liste ye neuer shall shifte yt of vvith honestie norvvell rydd your hands therof Wherof I for my parte do take my self full assuered and therefore do thincke it a neadelesse discourse for me to make any farther descante vppon suche an vnpleasaÌ„te iarringe and vntunable plaine songe of your owne settinge aÌ„d makinge And am right vvell contented that ye do make as gaie glosinge comeÌ„ts aÌ„d interpretations as ye liste and as your couninge aÌ„d skil serwe you to this your owne shamefull vntrewe texts But nowe weighe and consider vvithe your selues I hartelie praye you and see vvhether that all your legerdemaine and close coÌ„ueiances in your false playe aswell towchinge and concerninge your fitt Iuglinge boxe as all your other like trickes and cuninge illusions be not fullie espied and plainelie and openlie Inovvghe layed ovvte to eache mans eie to beholde and vewe And as tovvchinge your saide Iuglinge boxe you haue bene verie fovvlie aÌ„d meruelousely ouerseeÌ„ in the close and cleane conueiance of your fingers For that a man more then half blinde maie perfectelie see and perceaue your fovvle plaie for as muche as the verie self saide dovvgleishe vvhom amonge other ye haue executed
her life But call you this a free and voluntarie yeldinge ouer and resignation of the crovvne A voluntarie assignation of the regimente to you the Erle Murraie Yea suerlye as free and voluntarie as a man withe hys ovvne hands castethe into the sea hys goods in a maine and raginge tempeste frelie and voluntarelie savinge that paraduenture ye maye replie and saye that there ys so muche wyll in hym that he had rather byde the adueÌ„ture of hys goods riches then of hys verie life beinge contented to redeme the saufegarde of hys life withe the losse of hys goods And yet as voluntarie as ye make yt Free and voluntarie ye shall no more make yt then ye shal be able to prove that the peoples good will was alienated from her as ye surmise For the procuringe werof ye have by your craftie slaunderouse leasings and wretched practizes done all the endevour your maliciouse and spitefull braines coulde invente and searche oute But suerlie your doings have bene so gratiouse that yf she had bene so gratiouse that yf she had bene deadelie hated before they might haue procured and gotten her a vvonderfull loue and fauour of the people againe And vvhereas she vvas eauen as she well deserued moste entierlie and tenderlie beloued before novve ye haue by theis your so tragicall and tirannicall procedings purchassed to her suche an augmentation and encrase of the same especiallie vvhen that the people amonge vvhome for a vvhile some ye haue throvvghe your colorable craftie conueyances made to misdeame and haue somevvhat the vvorse likynge of her shall throvvghelie and perfectelie vnderstande and knovve your saide vvilie policies as more and more dailie they do that she shall be muche beholdinge but no God haue mercie to you therfore But novve to procede and goo forevvarde vvithe your louinge loyall procedings tovvards her ye neuer ceased nor stayed vntill ye had procured aÌ„d obteined a colorable parliameÌ„te vvherebie ye gott your vsurped and vnnaturall kingdome ratefied and confirmed And not onlie all your vvicked practises alredie paste but eauen vvhat mischefe soeuer you vvolde shousde aftervvarde passe also against her quietnes and saufetie And thus beholde theis huÌ„ble obediente lovinge subiects have purchased aÌ„d procured a commission longe before hande the like wherof as I suppose was never iÌ„ the vvorld harde of afore in any vvhatsoeuer rude savage aÌ„d barbarouse natioÌ„ or contreye to slaie kyll and murther theire ovvne Sovereigne Quene a moste innocente Ladie at theire ovvne vvills and pleasure The vvhiche theire saide commission they had in this vvise executed longe ere this as yt ys crediblie thovvght yf God had not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the proverbe ys vvonderfullye eluded and myraculouselie frustrated thys theire mischevouse maliciouse purpose and entente And yet ys there one iniurie more that dothe greaue more and moleste this good gvviltlesse ladie theÌ„ all theis foretolde naughtie partes played of them againste her And suerlie not vvithoute iuste cause of greyf for in deade yt farre passeithe and excedeithe them all And that ys theire shamefull most traiterouse diffaminge her beinge all together innoceÌ„te therein vvith the deathe of her husbande as thovvghe that she had suborned the Erle Bothevvell therto and revvarded hym therefore vvith the mariage of her ovvne bodie Here perchaunce they vvill saye â–ª Marye this ys our cheif quarrell in deede this vvas the marke vve principallie shott at The greate love and zeale vve beare to Iustice An ansvvere to the secoÌ„de and the earnest desire vve have to purge and ridd the realme of the slaunder and infamie that arisethe therto by this horible facte movethe and stirrethe vs vpp to seake by all meanes vve can the punisshinge of the sayde Erle vvho vvas the comitter and cheif perpetratour therof Yf yt so be suerlie there ys vppon the sodaine comen vpon you a meruelouse devotion For Whie Were not ye and your bande and adherents the cheif and principall authours assisters favvters ayders and abatours for the clearinge and iustifienge of the saide Bothvvell accused and indighted as gvviltie of the saide murther What ys yt that makethe you novve so hott that then vvere so coulde Belike the vvorlde and vvether ys a nevve changed and altered of late Yet tell vs vve praye you in good erneste vvas your principall scope zeale to apprehende the Erle Bothvvell tell vs then a good cause whie you dimissed him The Quenes ennemies dimissed the Erle Bothwell wheÌ„ thei might haue takeÌ„ him vvheÌ„ you might haue had him at your pleasure Did not the foresaide Grange cominge to the Quene from you speake to him also did he not take him by the hande vvill him to departe assueringe and tellinge him that no man shoulde followe to pursewe him Did not the Erle remaine in the coÌ„tree at hande manie monethes after vntill the returniÌ„ge home of the Erle Murraye And then for a face and countenaÌ„ce there were made ovvte to the seas certaine shipps to appreheÌ„de him yt beinge of you pretended that he vvas novve become an arrant pirate aÌ„d rouer vpon the seas Naye naye yt vvas not he you so longe sovvght after yt Was an other birde and her ye had faste in the cadge and therefore ye permitted the Erle to flye vvhither he vvolde But yet you saye in your accusation putt vpp to the Quene of Englande and her commissioners that as he vvas the cheif executour of the saide lorde Darleys deathe so she vvas of the fore knovvledge and counsaile yea and the mainteiner therof also aÌ„d therfore she bothe stopped the inquisition of the facte and punishemente of him And also matched her self in mariage with him I aske then as before of you vvhie throvvghe the speciall suite and procuremente of your faction he vvas acquited and sett on cleare borde Whie did you vvithe a greate parte of the nobilitie moue further and vvorke the saide mariage as moste meteste and necessarie for your Quene Whie did you as by your hande vvritinge yt vvill appere The Quenes enimies bownde by they re haÌ„de wrytinge to obey the Erle Bothevvell if he maried the Quene proferre and promise to hym your faithfull service to her your loyall obeyssance Why dyd none of all your faction nor anie other else eyther openlie or priuatelie declare detecte this matter to your Quene before the pretended mariage Was there no tyme nor occasion and oportunitie to geve her warninge therof but by the terrible and fearefull blaste and sownde of the martiall trompett For she good innocente ladie hathe vpon her honour protested and planelie declared the wiche her ê“testation also the disorderlie ambitiouse and tragicall doyngs of theis rebelliouse and traiterouse subiects do muche helpe and confirme that afore her takinge and imprisonmente she never knewe who were either principall or accessarie or by anie meanes culpable and blame worthie concerninge the saide murther Towchinge the thirde pointe yt ys not vvorthie the coÌ„futinge An ansvvere
and her nobilitie and the ambassadours of other contreis there resideÌ„te and goe forevvarde vvith and prosequute her saide accusation againste them Wherof they heariÌ„ge they fretted they fumed they stamped they stared and for a smayl while made muche hott sturre But vvheÌ„ that they had vvell considered and digested the matter lokinge in theire ovvne brests they became vpon the sodaine so coulde that they thovvght euerie daye an huÌ„dred vntill they vvere packinge home and neauer ceased alleaginge manye vayne and friuolouse excuses to vrge theire dimission moste importunatelie vntill they had at the laste obteined theire suite O that Cassius Were novve liuinge that he might laye to the Erle Murraye his charge his accustomed worthie sayenge Cui bono He vvolde tell him that as the Quene by this facte had no manner of hoped coÌ„moditie and ys of ouer good and vertuouse a disposition and nature in anye respecte of vvorldelie coÌ„moditie so to dishonour her self and state And eauen as the Erle of Murraye his birthe and naturall inclination vvere moste apte and mete to woorke suche neughetie practises The causes vvhie the Erle Murraye weÌ„te abowte as vvell to make avvaye the l. Darley as to depose the Quene So were there manye occasions also for his parte suche as he had beste likinge and contentatioÌ„ of to the puttinge the same in practise Amonge other things yt pinchethe him aÌ„d all his faction and greauethe them to the verie harte to remember the reuocation the Quene had made the Aprill before of all suche thinges as do apperteine to the crowne that had by her self or others in her minoritie bene alienated Whiche saide reuocatioÌ„ by an olde lawe and order in Scotlande the Princes there maye make before th'accomplishemeÌ„t of twentie and fiue yeares of age Novve had the Erle Murraye aÌ„d his faction by one meanes or other gotten in to theire haÌ„ds aÌ„d possessioÌ„ two partes of the yearlie reueneues of the whole crowne See se I praye the good reader yf this were not the verye vndowbted cause that made him and them so pittifull aÌ„d so tender harted tovvarde the lor. Darley beynge deade Whose deathe they had so loÌ„ge thristed for and whose life they had by so manie snares aÌ„d mischeuouse vvayes assaulted and layed vvaite for Yea there vvas a farther Cui bono then this they thowght to driue by theire iolye politike practises all the displeasure and hatred of the facte vppon the Quene And so for this pretensed mischeuouse facte to driue her from the possession of her crovvne aÌ„d to intrude them selues by some pretie colorable conueyances into the sole intermedlinge of all the publike affaires and to the gouernement of the realme vnder the title of the good infante the Quenes sonne and to assure theire possessions to them selues at least the space of tvventie and fiue yeares more But I praye God there be not a farder and a vvorse fetche then all this comethe to Well then all theis theire foretolde purposes hathe the deuell brovvght to passe for them eauen accordinge to theire hartes desire Sauinge that he oweth them a shame and vvill paye yt them vvhen they counte them selues most cocke sure And beginnethe as yt seameth alredy full properlie to paye them home everye one daye more then other For as close and as secrete as they hidd and kepte theire doings from the vvorlde especiallie from theire good Quene vntill they had quitted the Erle Bothvvell and coupled him most dishonorablie vvith that vpright and vvell meaninge ladie in pretensed mariage they coulde neuer briÌ„ge theire matters to passe And for all theire vaine bragginge aÌ„d ovvtfacinge as yt were theire innocent Souereigne theire vvhole vvicked drifte ys detected burste owte aÌ„d come to the certaine knovvledge of noo small nomber of men Ys yt vnknovven thincke ye the Erle Murraye vvhat the lorde Herris saide to your face opeÌ„lie eaueÌ„ at your owne table a fevve dayes after the murther vvas coÌ„mitted Did he not charge you vvith the foreknovvledge of the same matter Did not he Nulla circuitione vsus flatlie and plainelie burden you that ye ridinge in fiffe and cominge vvith one of your moste assuerid trustie seruants the saide daye vvherein you departed from Edenborrowghe The Erle Murraye declared the daye before that the l. Darley shâ—de be slaine saide to him amoÌ„ge other talke this night ere morninge the lorde Darley shall lose his life Ys yt not full vvell knovven thincke ye that ye and the Erles Bothvvell morton and others assembled at the castle of Cragmillar and at other places at diuers times to consult and deuise vpon thys mischeif Diuers assembles of the Erle Murraie his adherents to coÌ„sult vpoÌ„ the slavghter of the l. Darley Yf neade vvere vve coulde rehearse and recompte to you the vvhole some and trewe effecte of the oration made by the most eloqueÌ„te amoÌ„ge you to stirre vpp exhorte and enflame your faction then presente to determine and resolue them selves to dispatche and make a haÌ„de vvith the lorde Darley We caÌ„ tell you that there vvere interchaÌ„geable Indentures made and subscribed by you that he vvhich had the firste oportunitie offered to make hym avvaye IndeÌ„tures made subscribed for the execution of the saide purpose shoulde furthvvithe take yt in hande and dispatche hym We can tell you and so can five thovvsande moo of theire owne heariÌ„ge that IohnÌ„ Hepborne the Erle Bothwel his servaunte beinge executed for hys and your traiterouse facte did openlie saie and testifie as he sholde ansvvere to the contrarie before God Diuers executed in ScotlaÌ„d for the saide murther wherof none could charg◠〈◊〉 Quene that you vvere principall authours counsailours and assisters vvith hys maister of this execrable murther and that hys Maistre so tolde him And furthermore that he him self had sene the Indentures vve spake of We can tell you that IohnÌ„ Haie of Galavvaye that Povvrie that dovvglishe and laste of all that Paris all beinge put to deathe for thys crime toke God to recorde at the time of they re deathe that this murther vvas by your counsaile inuention and drifte comitted Who also declared that they never knevve the Quene to be participante or avvare therof Well vve can farther tell you of the greate goodnes of God and of the mightie force of the trevvthe Whereby thovvghe ye haue vvonderfullie turmoyled and tossed thovvghe ye haue racked and put to deathe as vvell innocents as gvviltie aÌ„d your owne confederates offered manie of them theire pardons so they vvolde depose any thinge against the Quene God hathe so vvrovvght that as for no torments nor faire promises they coulde be brovvght falselie to diffame their Maistrisse So vvithoute any torments at all they haue voluntarilie purged her and so laied the burden vpon your necks and shoulders that ye shall never be able to shake yt of We caÌ„ tell you that her deare Sister our gratiouse Quene and the worthie nobilitie of Englande do Well knovve theis your
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
geuen to him by acte of parliameÌ„te the orderinge and disposition of all chauntries and colledges He did neuer or verye litle practise execute this aucthorité And shall vve thincke oneles full and sufficient proufe necessarilie enforce our creditt that the kinge to his no preseÌ„te comoditie and aduantage but yet to his greate dishonour to the greate obloquie of his subiectes and other coÌ„treyes to the notable disherison of so manye of the nexte royall bloude did vse any suche aucthoritie as ys surmised Againe yf he had made any suche assignation In this supposed will ys no condition for the mariage of theyres of the Ladie FraÌ„ces as is for the kiÌ„ges ovvne davvghters Who dowbtethe but that as he conditioned in the saide pretensed vvill vvith his noble dawghters to marrie vvith his counsailes aduice either elles not to enioye the benefitt of the succession He vvolde haue tied the saide Ladie Fraunces and Ladie Elenours heires to the same condition Farthermore I am driuen to thincke that there passed no suche limitatioÌ„ by the saide kinge Henries vvill by reason there ys not nor vvas theis manye yeares any originall copie therof nor any authenticall recorde in the chauncerie or elles vvhere to be shewed in all Englande as the aduersaries them selues confesse and in the copies that be spredd abrode the vvitnesses pretended to be presente at the signinge of the saide vvill be suche for the meanenes of theire state of the one side and for the greatenes and vveight of the cause on the other side as seame not the most sufficieÌ„te for suche a case The importance of the cause beinge no lesse then the disherison of so manye heires of the crowne As vvell from the one sister as from the other requirid and craued some one or other of the priuie counsaile or some one honorable and notable ê‘son to haue bene pÌ„sente at the sayd signinge or that some notification shoulde haue bene made aftervvarde to suche persons by the kinge him self or at leaste before some notarie and authenticall person for the better strengtheninge of the saide will Heare ys nowe farther to be considered that seinge the intereste to the crowne ys become a plaine testameÌ„tarie matter and claime and dependethe vpon a laste will when and before what ordinarie this will was exhibited allowed and proued Where and of whome toke the executours theire othe for the trewe performance of the will No order taken for the ê“batioÌ„ of the supposed will Who committed to them the administration of the kinges goodes aÌ„d chatttelles When and to whome haue they browght in the inueÌ„torie of the same Who examined the vvitnesses vpon theire othe for the tenour and trevvthe of the saide testamente Namelie vpon the signement of the kinges hande wherein onlie consistethe the vveight of no lesse then of the crowne yt self Where or in what spirituall or temporall cowrte maye one finde theire depositions But yt were a verie harde thinge to finde that that as farre as men can learne neuer was And yet yf the matter were so plaine so good and so sownde as theis meÌ„ beare vs in haÌ„de yf the originall testament had bene suche as might haue bydden the towchestone the triall the light and the sight of the worlde Whie did not theye that enioyed moste coÌ„moditie thereby aÌ„d for the swaye and auctoritie they bare might and owght beste to haue done yt take coÌ„uenyent aÌ„d suer order that the originall might haue bene dewlie and saufelie preserued or at the leaste the ordinarie probate which ys in euerie poore mans testameÌ„te diligentlie obserued might haue bene procured or seen One or other authenticall instrumente therof reserued The adâ—saries theÌ„ selues see well inowghe yea and are fayne to coÌ„fesse theis defectes but to helpe this micheif they wolde faine haue the enrolemente in the chauncerie to be taken for a sufficiente probate The enrollement in the chauncerie ys nâ— probation by cawse as they saye bothe the spirituall and temporall auctoritie did concurre in the kinges ê‘son Yet do they knowe well inowghe that this plaister will not cure the sore And that this is but a pore helpe aÌ„d shifte For neither the lâ—es patentes nor the enrolemeÌ„te maye in any wise be cownted a sufficieÌ„te probate The chauncerie ys not the cowrte or ordinarie place for the probate of vvilles not the rolles for recordinges the same Bothe muste be done in the spirituall cowrtes vvhere the executours also muste be impleaded and geue theire accompte vvhere the weakenes or strengthe of the will muste be tried the witnesses examined Finallie the probate and all other thinges therto requisite dispatched or yf yt maye be done by any other person yet muste his aucthoritie be shewed the probate and all thinges muste be done accordingelie And amonge other thinges the vsuall clause of Saluo iure cuiuscunque muste not be omitted Whiche thinges I ame assuerid the recordiÌ„ge in the chauncerie can not importe but this cautioÌ„ and prouiso of Saluo iure cuiuscunque which ys moste coÌ„formable to all lawe reason did litle serue some mens turne And therefore there was an other caution and ê“uiso that thowghe the poorest maÌ„s testameÌ„te in all EnglaÌ„d hath this prouiso at the ê“bate of the same yet for this testameÌ„te the weighty este I trowe that euer was made in EnglaÌ„d no suche probate or clawse can be fownde either in the one or the other cowrte Yet we nedes muste all this not with staÌ„dinge be borne in hande and borne downe that there was a testamente and wyll formablie framed accordinge to the purpose and effecte of the statute Yet muste the right of the imperiall crowne of Englande be conveyed and carried awaye with the colour and shadowe onlie of a will I saye the shadowe onlie by reason of an other coniecture and presumption vvhiche I shall tell you of Which ys so liuelie and effectuall that I verelie suppose yt wil be verye harde for any man by any good and probable reason to answere and auoyde the same And ys so importante and vehement that this onlie might seame vtterlie to destroye all the aduersaries coniecturall prouffes concerninge the maintenance of this supposed will We saye therefore and affirme that in case there had bene any good and suer helpe and hand faste to take and holde the crowne for the heires of the Ladie Frances by the saide will that the faction that vniustlie intruded the Ladie Iane eldest dawghter to the saide Ladye Frances to the possession of the crowne vvolde neuer haue omitted to take receaue and embrace the occasioÌ„ and benefitt therof to them presentlie offered They neyther wolde nor coulde haue benâ— driuen to so harde aÌ„d bare a shifte as to colour theire vsurpatioÌ„ against the late Quene Marie onlie and our gratious Souereigne Elizabethe A greate pÌ„sumptioÌ„ agaiÌ„ste the supposed vvill for that the late pretensed Q. Iane did not vse the benefitt of the same agaiÌ„st the Quene of Scoâ—es and others
regimeÌ„te ys against nature as also touchiÌ„ge a brother to be choseÌ„ kinge Neither the lavve of God nor reason is against the Quene of Scottes right as the aduersaries pretendâ— And therfore I coÌ„clude agaiÌ„st you that neither the lawe of God nor of nature nor yet reason vpon the vvhiche also you grownde your self do reiecte the saide Qu. marie fraÌ„che successioÌ„ of the crowne of Englande Your reason ys that where the people erecte them self an head of theire owne kinred and nation there nature assuerethe the people of naturall gouernemente And vvhere a stranger cariethe opinion of vnnaturall tyranie yt assuerethe the ruler of naturall subiectioÌ„ To a stranger ys murmorre and rebellion threatened But nowe yf this excellente Ladye and Princesse be no stranger and be of our ovvne kinred and of the aunciente and late Royall bloude of this realme as vve haue declared then ys your reason also vvith all auoided which maye and dothe ofteÌ„times take place iÌ„ more streÌ„gers coÌ„minge in by violeÌ„t and forcible meanes But here as naturall a man as ye make your self ye seame to go altogether agaiÌ„st reasoÌ„ and against nature also Yf Princes children vvere to be counted strangers and aliens or to be suspected as enemies and TyraÌ„s succedinge to theire owne progenitours inheritance Yt vvas an vnnaturall parte a greate follye in the noble kinges of this and manye other realmes to geue ovvte theire dawghters to forren Princes in mariage in steade of pÌ„ferringe auancinge them by threire mariage procuringe therby freÌ„dshippe and amitie with other Princes to disable theire saide children from theire auncetours inheritances in those contreyes froÌ„ vvhence they originallye proceded And as it seamethe by your kinde of reasoninge to purchasse and ê“cure beside to them therby an opinion of ennemitie and tyranie This this I saye ys a frovvarde and an vnnaturall interpretatioÌ„ A frovvarde aÌ„d an vnnaturall interpretatioÌ„ of the aduersarie Nature mouethe and driueth vs to thincke othervvise and that bothe a a prince vvill fauour loue and cherishe the people from vvheÌ„ce he fetcheth his royall bloude and by vvhoÌ„ he muste novve mainteine kepe and defende his royall estate that the people likewise will beare singuler loue and affection to suche a one especiallye of suche knovven princelye qualities as this noble Ladye is adorned with all Suerly yt ys no more vnnaturall to suche a Prince descendinge from the aunciente and late Royall bloude of the kinges of EnglaÌ„de The Que. of Scottes no straÌ„ger to EnglaÌ„d to beare rule in Englande and as yt were to retorne to the head and fowntaine from whence originallye she sprange Then yt ys for all flouddes and riuers which as homer sayethe flowe ovvte of the greate OceaÌ„ sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21. Iliad To reuerte Ecclesiastes cap. 1. returne and reflovve againe to the sayde Ocean This coherence coniunctioÌ„ copulation inclination and fauour runinge interchangeablye betwixte suche a Prince and the people ys no more strange to nature then ys the coÌ„iunction of the tree and the rote therof then of the fowntaine and the riuer issuenge from thence then of the sonne and the sonne beames finallie then ys the coniunction betvvixte the olde ancient louinge graÌ„d mother and her yoÌ„ge and tender dawghter Neither do I well knovve howe I maye better call noble England then a louinge grandmother to this good gentle Ladie whom vve I do not dowbte yf euer God call her to the Royall seate therof shall not onlye finde a louinge aÌ„d gratiouse maistresse but a most deare aÌ„d tender good dawghter For theis and other considerations the lawes of the realme do not nor euer did estraÌ„ge suche princes from the succession of the crowne of the realme Which by reason of the saide naturall inclination and beneuolence of the one to the other standethe vvith the lawe of God nature with all good reason And therefore your coÌ„clusioÌ„ ys againste Godes lawe nature and all good reason Whereby you full vngodlye vnnaturallie and vnreasonablie do conclude an exclusioÌ„ of the Quene of Scotlande pretendinge her to be a straÌ„ger to that right that God nature and reason and the trevve hartes of all good naturall Englishemen do call her vnto as the deare sister and heire apparente to our noble Quene Elizabethe The which her saide iuste right title and intereste we truste we haue nowe fullye proued and iustified and sufficientlie repulsed the sondrie obiections of the aduersaries And as theis beinge the principall ovvght to breade no dowbte or scruple in any man so manye other folyshe fonde and fantasticall obiections not worthye of any ansvvere that busie quarrelinge heades do caste forthe to dishable her right or to disgrace and blemishe either her honour or thys happie vnion of bothe realmes yf God shall sende yt in takinge our gratiouse Sovereigne from vs withowte issue vvhich God forbide ovvght muche lesse to move any man Whos 's maiestie God longe preserve and shylde and blesse her yf yt be hys pleasure vvith happie issue But yf yt please hym eyther to bereave vs of hyr maiestie or her maiestie of all suche issue then yet that we maye not be altogether lefte desolate confortlesse thys happye vnion vvill recoÌ„pence and supplie a greate parte of thys our distresse An happie vnion I call yt by cause yt shall not onlie take avvaye the loÌ„ge mortall enemitie The greate coÌ„moditie that shall come to Englandeâ— aÌ„d ScotlaÌ„de by the vnion of theÌ„ in case this successioÌ„ chaÌ„ce the deadlie hatred the most cruell sharpe vvarres that have so manie hundred yeares bene continued betwixt our neighbours the Scottes and vs but shall so entierlie consociate and conioyne and so honorablie sett forthe and aduaÌ„ce vs bothe and the vvhole Ilande of Britanye as neither toÌ„gue can expresse the greatenesse of our felicitie and happines nor harte vvishe any greater The olde enemitie hathe trodeÌ„ downe kepte vs bothe vnder fote and hathe geuen occasion to the coÌ„mon enemie as the Danes aÌ„d other to spoyle vs bothe Yt hathe caused for theis thowsande yeares and more so infinite and so ovvgelie slavvghter as it Will greaue and pittie any mans harte to remember and yet neither to the greater augmeÌ„tation of our possessions at this daye nor to theire muche losse They hauinge loste nothinge of theire olde aunciente inheritaÌ„ce sauinge Barwikle onlie Yf this coniunction on s happen and yf we be on s vnited and knitt together in one kingedome and dominion in one entire brotherlie love and amitie as we are alredie knit by neighbourhode by tongue and almoste by all maÌ„ners fasshioÌ„s and behaviour then will all vnnaturall and butcherlie slawgher so loÌ„ge hyther to practised cease TheÌ„ will reste quietnes welche and prosperitye encrease at home TheÌ„ will all owtewarde Princes our FreÌ„des reioyce and be coÌ„forted our enemyes dreade vs. Then wyll the honour fame and maiestye of the Ilande of Albyon daylye growe more and more and her power and streÌ„gth so greatelie encrease as to the freÌ„de yt wil be a good shilde And to the enemye an horrible terrour The shall the owtevvarde enemye litle endomage vs. Then shall we with our children after vs reape the pleaâ—â—â—te fruites of this noble coniunction wrovvght this to our haÌ„des by Godes good and gratiouse prouidence vvithovvte expeÌ„ce force or slawghter which hitherto a noÌ„ber of our covvragiouse vvise and mightie Princes haue theis thovvsande yeares and vpvvarde sovvght for but in vaine as yet vvith so excessiue charges vvithe so greate paynes vvith so manye and mayne armies and vvith the bloude of so manie of theire subiectes Then shall vve moste fortunatelie see and moste gloriouslie enioye a perfecte and entire monarchie of this I le of Britanie or Albion vnited and incorporated after a moste maruelouse sorte and in the vvorthie and excellente person of a Prince mete and capable of suche a monarchie As in vvhose person beside her vvorthie noble and princelye qualities not onlye the Royall and vnspotted bloude of the aunciente and noble kinges of Scotlande but of the Normans and of the Englishe kinges with all as well longe before as sithens the conqueste yea and of the Britaine 's also the moste aunciente inhabitans and lordes of this Ilande do wonderfullye and as yt were eauen for suche a notable purpose but the greate prouidence of God moste happelye concurre The euidente trewthe wherof the sayde Quenes petigrewe dothe moste plainelie and openlie sett forthe to everie mans sight and eye Then I saye maye this noble realme and Ilande be called not Albion onlye but rather Olbion that ys fortunate happye and blessed Whiche happye and blessed coniunction when yt chauncethe yf we vnthanckefullye refuse We refuse our healthe and welfare and Godes good blessinge vppon vs. We refuse our dewtie to God who sendethe our dewtie to the partie whom he sendethe and our dewtie to our natiue coÌ„trey to whom he sendethe suche a person to be our Maistresse and suche commodities and honour with all coÌ„minge thereby as I haue sayde to whole Albion as greater we can not wishe for And finallye we procure and purchase as muche as in vs liethe suche disturbaÌ„ce of the coÌ„mon wealthe suche vexations trobles and warres as maye teÌ„de to the vtter subuersioÌ„ of this realme From which dangers God of his greate aÌ„d vnspeakeable mercie defeÌ„de preserue vs kepe ê“tecte defeÌ„de this realme with our noble Quene Elizabethe and the saide Ladie Marie Quene of Scotlande with the nobilitie subiectes of bothe the realmes in mutuall frendshyppe and godlie amitye with longe prosperouse estate and all good quietnes Amen FINIS Imprinted at London in Flete strete at the signe of Iustice Royal againste the Blacke bell by Eusebius Dicaeophile anno D. 1569. and are to be solde in Paules churche yearde at the signes of Tyme Truthe by the Brasen SerpeÌ„t in the shoppes of Ptolomé and Nicephore Lycosthenes brethren Germanes â§
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and