one as for the excelleÌ„te giftes of God and nature in her most princelie appearinge ys vvorthie to inherite either this noble realme or any other be yt of muche more dignitie and worthines But nowe I claime nothinge for the vvorthines of the person whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others yf moste open and manifeste right Iustice and title do not coÌ„curre with the worthines of the person Then lett the praise and Worthines remaine where yt ys And the right Where God and the lavve hathe placed yt But seinge God nature and the lavve dothe call the person to this expectation whose intereste and claime I do novve prosequute I meane the right excellente Ladie The Quene of Scots is the right heire appareÌ„te to the crovvne of Englande Ladie Marie Quene of Scotlande I hope that when her right and iuste title shall be throwghlie harde and considered by the indifferente Reader yf he be persvvaded alredie for her right he shall be more firmelie setled in his trevve and good opinion and that the other parties beinge of a contrarie minde shall finde good cavvses and grovvndes to remoue them from the same and to geaue ouer and yelde to the trevvthe Her graces title then yf God call our Souereigne ovvte of this transitorie life hauinge no issue of her maiesties bodye as yt ys moste open and euidende so yt ys moste conformable to the lavve of God of nature and of this realme And consequentlie in a manner of all other realmes in the vvorlde as grovvinge by the neareste proximitie of the royall bloude She ys a kinges and a Quenes davvghter her self a Quene Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight Whose Davvghter also the ladie Lenoux ys but by a later husbande The ladie Frances late vvyfe to Henry Marques dorsett aftervvarde Duke of Suffoocke And the ladie Elenour late vvyfe to the Erle of Cumberlande and theire progenye procedethe from the ladie Marie dowager of France yongest sister of the saide kinge Henrie late vvife to Charles Brandon Duke of Suffolke I might here fetche forthe olde farne dayes I might reache backe to the noble and vvorthie kinges longe before the conqueste of vvhose royall bloude she ys discended vvhiche ys no parte of our purpose neither dothe enforce her title more then to proue her no stranger vvithin this realme But the argumentes and proufes which vve meane to alleage and bringe forthe for the confirmation of her right and title in succession as heire apparente to the crovvne of Englande are gathered and grovvnded vpon the lavves of God and nature and not onlie receaued in the ciuill pollicies of other nations but also in the olde lawes and customes of our ovvne contrey by reason approued and by vse and longe concontinevvance of time obserued from the firste constitution of this realme in politicall order vnto this presente daye And yet for all that hathe yt bene aÌ„d yet ys by some men attempted artificiallie to obiecte and caste manie mistie darke clovvdes before meÌ„nes eyes to kepe from them yf yt maye be the cleare light of the saide iuste title the vvhiche they vvolde extingvvishe or at the leaste blemishe withe some obscure shadovve of lavve But in deede against the lavve and vvith the shadovve of parliameÌ„ts But in deede against the trewe meaninge of the pliameÌ„tes And albe it yt were inowghe for vs our cawse beinge so firmelie aÌ„d suerlie established vpoÌ„ all good reason aÌ„d lawe to stande at defence and onlie to auoide as easelie vve maye theire obiections Whiche principallie and cheifelie are grovvnded vpon the common lawes and statutes of this realme yet for the betteringe aÌ„d strengtheninge of the same vve shall laye forthe sondrie greate aÌ„d inuincible reasons coÌ„ioyned vvithe good and sufficieÌ„t aucthoritie of the lawe so approued and coÌ„firmed that the aduersaries shall neuer be able iustlie to impugne them And so that vve truste after the readinge of this our treatise aÌ„d the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title Whose expectatioÌ„ aÌ„d coÌ„science althovvghe we truste fullie in this discourse to satisfie aÌ„d doubte nothinge in the vvorlde of the rightfulnes of our cause Yet must we nedes coÌ„fesse the maÌ„ner aÌ„d forme to eÌ„treate therof to be full of difficultie aÌ„d ê‘plexitie For suche causes of Princes as they be seldome and rare so ys yt more rare and stange to finde them discoursed discussed and determined by any lawe or statute Albe it nowe and then some statutes tende that vvaye Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente but vvith priuate mens causes And yet this not withstandinge for the better iustifiengè of our cavvse albe yt I denye not but that by the coÌ„mon lavve yt muste be knovven vvho ovvght to haue the crovvne And that the coÌ„mon lavve muste discerne the right aswell of the crowne as of subiects Yet I saye that there ys a greate difference betvvene the kinges right aÌ„d the right of others And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the coÌ„mon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same The coÌ„moÌ„ lavve of this realme ys rather grouÌ„ded vpon a generall custome then any lawe written For the prouf wherof let vs consider What the comon lavve of this rerealme ys and howe the rules therof be grownded and do take place Yt ys verie manifeste and plaine that the comon lawe of this realme of Englande ys no lawe WritteÌ„ but grovvnded onlie vppoÌ„ a coÌ„mon and generall custome throvvghe ovvte the vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVLPHVS DE GLANVILLA In ê“logo suo eâ—sdeÌ„ libri fol. 1. 2. Who wrote in the time of the noble kinge Henrie the secoÌ„de De dicto Ranulpbo Glanuilla vide GeralduÌ„ CaÌ„breÌ„sem in Topogra de vvallia of the lavve and custome of the realme of englande Beinge then and also in the time of the reigne of kinge Richarde the first the cheif counsailler and iustice of the same kinge And also by the famous Iustice Fortescue in his booke which he wrote beinge Chancellour of Englande Fortescue de laud legum Angliae ca. 17 De laudibus legum Angliae And by 33 H. 6 51. and by 8. E. 4. 19. Which custome by vsage and coÌ„tinuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie knovven and mainteined 8. E. 4 19 33. H. 6 51 piÌ„soÌ„s printe Wherein we seame muche agreable to the olde lacedemoniaÌ„s vvho manie hundred yeares past most politikelie and famouselie gouerned theire common
became I praye you of Harolde that by briberie aÌ„d helpe of his kiÌ„red vsurped the crowne against the foresaide yonge Eadgar as I haue saide aÌ„d as the olde monumeÌ„rs of our historiopraphers do plainlie testifie was the trewe aÌ„d lawful hâ—ire Cui de iure debebatÌ„ regnuÌ„ Anglo ruÌ„ Io. â—od in chronic Angliae Coulde he thincke you enioye his ambitiouse aÌ„d nawghtie vsurpinge one whole aÌ„d eÌ„tier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled aÌ„d turned owt bothe of crovne aÌ„d †Rex Edvvardê° misit c. Vt velâ—pÌ„e Edvvardê° vel filiae eâ—ê° sibi succedereÌ„t c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all FadeÌ„ verba sunt in Mat. vvestmo 1Ì„ flor hist Anâ—o 1066. Yea his vsurpatioÌ„ occasioÌ„ed the coÌ„queste of the whole realme by williaÌ„ Duke of NormaÌ„die bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe aÌ„d sownde nowe from like danger yf vve shoulde treade the saide vvroÌ„ge steppes vvithe Harolde forsakinge the right aÌ„d highe vvaye of lavve aÌ„d iustice What shall I nowe speake of the crevvell aÌ„d ciuill vvarres betvvene kinge Stephen and kinge HeÌ„rie the secoÌ„de Which vvarres rose by reasoÌ„ the saide HeÌ„ry vvas vniustlie kepte froÌ„ the crovne devë to his mother mavvde aÌ„d to him aftervvardes The petifull reigne of the saide IohnÌ„ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpiÌ„g of kinge Harrold K. Stephen and IohnÌ„ aÌ„d vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the coÌ„mon lavve for our purpose And lôa the greate goodnes and ê“uidence of God vvho hathe yf the foresaide exaÌ„ples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge HeÌ„rie the seaveÌ„the vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficieÌ„t inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth senâ—e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interpÌ„tour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right aÌ„d title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the coÌ„queste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so coÌ„sequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructioÌ„ of the kinge him self I saye theÌ„ the vvise worthy SalomoÌ„ foreseinge that suche deuolutioÌ„ might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasoÌ„ of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and â—klender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childreÌ„ to the first degre onlie Of the like weight ys his other consideration imageninge aÌ„d surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the coÌ„mon lawe Whiche to saie ys moste directlie repugnaÌ„te and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as IohnÌ„ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile IohnÌ„ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece IohaÌ„ dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes IohaÌ„ dawghter to his brother Thâ— mas of Wodstocke Duke of GloÌ„cester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womeÌ„ coulde have enioyed the crowne of Englande wheÌ„ yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncientâ— presidentes and examples that we
there vs amonge them discorde and diuersity of iudgemeÌ„tes the matter grovvethe to faction and from faction to plaine hostilitie and from hostilitie to the danger of many mens liues And many times to the vtter euersion of the vvhole state For the better auoidinge of suche and the like inconueniances albe it at the begininge princes reigned not by discente of bloude and succession but by choice and election of the worthieste the vvorlde was for the most parte coÌ„strained to repudiate election and so often times for the better and the vvorthier to take a certaine issewe and offspringe of some one onlie person thowghe otherwise ê‘chaunce not so mete Vvhy all the world almost embrace succession of PriÌ„ces rather then election Whiche defecte ys so supplied partelie by the greate benefitte of the vniuersall rest aÌ„d quietnes that the people enioye therby and partelie by the graue and sage counsailours assistinge to princes that the whole worlde in a manner theis manie thowsande yeares hathe embraced succession by bloudd rather then election And politike Prinees vvhiche haue had no children of theire owne to succede them haue had ever a speciall care and foresight therof for avoidinge of ciuill dissention So that the people might alwaies cheifely Where there appeared any likelihodd of varietie of opinions or factions to ensewe abovvte the trevve and lavvfull succession in gouernement forknoue the trevve and certaine heire apparente This care and foresight dothe manifestlie appeare to haue bene not onlie in many Princes of forraine contreies but also of this realme aswell before the time of the conquest as also after namely in kinge Edvvarde the confessour in declaringe and appointinge Eadgare Athelinge his nephevves sonne his heire Floreshist an 1057. as also in kinge richarde the first vvho before he interprised his iorney to Hierusalem vvhere for his chiualrie he atchiued highe honour declared by consente of his nobilitie and commons Richardus canonicus saÌ„ctae trin LoÌ„d stores histo anno 1190. Polid lib. 14. Arthur sonne of his brother Duke of BritaÌ„ne his next heire in succession of the crowne Of the which Arthur as also of the saide Eadgare athelinge vve vvill speake more hereafter This care also had kinge Richarde the seconde vvhat time by authoritie of parliamente he declared the lorde Edmonde Mortimer that maried Philippe davvghter and heire to his vncle Leonell Duke of Clarence heire apparente Polid. lib. 20. And to discende to later times our late noble Souereigne kinge Henrye the eyght shevved his prudente and zelous care in this behalf before his laste noble viage into France Whose davvghter our moste dreade Souereigne Elizabeth dothe and hathe sitt in the royall seate vvith suche peace quietnes and tranquilitie amoÌ„ge all her subiects hitherto that vve haue greate cavvse to reÌ„der to God almighty our moste hartie thancks for the same And to craue of him like continuance vvherof the singuler fruite benefitt as loÌ„ge as it shall please God to preserue her to vs Whiche vve moste humble suppliaÌ„tes desier of him for manie yeares vvith some happie issevve froÌ„ her grace yf it be his blessed vvill vve hope most fortunatelie to enioye But yf God sholde as vve be all aswell Princes as others subiecte to mortall chaunces once bereaue vs of our gratiouse Prince the harts aÌ„d iudgemeÌ„ts of men beinge no better nor more firmelie setled and fixed tovvards the expectation of a certaine succession then they seame novve to be then vvo and alas Yt yrkethe my verie harte eauen ons to thincke vpon the immineÌ„te and almost the ineuitable danger of this our noble realme beinge like to be ouervvhelmed vvith the raginge and roringe vvaues of mutuall discorde aÌ„d to be consumed with the terrible fier of ciuill dissention The feare vvherof ys the more by reason alredie in theis late yeares some flames therof haue sparkeled and flusshed abrode and some parte of the rage of the saide fluddes haue alredie beaten vpon the banckes I meane the hott contention that hathe bene therin in so manie places and amonge so manie persons of bookes also that haue bene spredd abrode and dailie are spredd beinge framed affectionatelie aÌ„d sovvndinge according to the sinister opinion of euerie mans priuate appetite Seinge therefore that there ys iuste cause of feare and of greate daÌ„ger likelie to happen by this varietie of mens iudgements so diuerselie affected as vvell of meane men as of greate ê‘sonnages I take yt the parte of euerie trevve englisheman to labour and trauaile eache man for his possibilitie and for suche talente as God hathe geauen him to helpe in conuenieÌ„t time for the preuentinge of the imminent danger We knovve what witt vvhat pollicie what paines vvhat charges men imploye to prouide that the Themmes or sea do not ouerflovve suche places as be most subiecte to danger We knovve vvhat politicke prouision ys made in manie good cities and townes bothe to foresee that by negligence there rise no dangerouse fiers and yf they chaunce vvith all diligence to represse the rage therof Wherin amoÌ„ge other hys prudente doings Augustus the Emperour ys commended for appointinge at Rome seaven companies ordinarilie to watche the Citie for the purpose afore saide Whervnto he was enduced by reason the citie was in one daie in seaven severall places sett on fier And shall not we euery man for hys parte and vocation haue as vigilante care and respecte to the extinguisshinge of this fier alredie spronge owte that maye yf the matter be not wiselie foreseen destroie subverte and consume not one citie only but importe an vniuersall calamitie and destruction Whiche to represse one redie and good waye seamethe vnto me yf men maye knowe and be throvvglie persvvaded in what person the right of the succession of the crowne of this our realme doth stande and remaine For nowe many men throwghe ignorance of the saide right and title and also the same beinge depraved by certaine sinister perswasioÌ„s in some bookes wher vnto they have to lightlie geaven creditt be caryed awaye from the right opinion and good harte that they otherwise Wolde and shoulde haue The which kinde of men I do hartelie wishe from theire saide corrupte iudgement to be remoued And shall in thys treatise do my beste endevour to remoue not praesuminge vpon my self that I am any thinge better able then others this to do for I knowe my owne infirmitie But beinge gladd and willinge to imparte vnto others suche motiues as vpon the readinge of suche bookes as of late haue bene sett forthe by the aduersaries and after the diligente weienge of diuers Arguments to the contrarie seame vnto me sufficiente to satiffie any honest and indifferent man that ys not obstinatlie bente to his owne Wilfull affections or to some other sinister meaninge and dealinge We saye then and affirme that the right heire and Successor apparente vnto the crowne of this realme of Englande next after our Sovereigne Ladie Quene Elizabethe and her issue ys suche a
c. Possessio fratris beiÌ„ge gnÌ„rall Neither hathe bene or caÌ„ be stretched to the inheritaÌ„ce of the croune for the brother of the half bloud shall succede aÌ„d not the sister of the vvhole bloud as maye appeare by Iustice Moile aÌ„d †34 H 6. 58. Red. printe maie be ê“ued by kinge Etheldred brother aÌ„d successor to kinge Edwarde the Martyr and by kinge Edvvarde the confessour brother to Kinge EdmuÌ„de aÌ„d diuers others who succeded in the crovvne of EnglaÌ„de beinge but of the halfe bloud As vvas also the late Quene Marie aÌ„d ys at this present our gratious Souereigne Elizabethe Who bothe in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded as by daylie experience asvvell in the exchequer al also in all other covvrtes ys manifeste do make theire conueiance as heires in bloude the one to the other vvhiche yf they vvere coÌ„mon or priuate persones they coulde not be allovved in lavve they as ys vvell knowen beinge of the half bloude one to the other Nor that the executour shall haue the goodes and chatelle of the testatour that ys to vvitt begotten of one father but borne of sondrie mothers Yt ys also a generall rule in the lavve that the executours shall haue the goodes aÌ„d chattelles of the testatour and not the heire aÌ„d yet ys yt othervvise in the case of the crovvne for there the successor shall haue them and not the executour as appearethe in 7 H. 4 by Gascoine 7 H. 4. fo 43 11 H. 4 9. Yt ys likevvise a generall rule that a man Attainted of felonie or treason his heire throwghe the corruption of bloude Nor that a traitour is vnhable to take land by disceÌ„t withoute pardon vvithoute pardon and restitutioÌ„ of bloude ys vnable to take any landes by discente Which rule althowghe yt be generall yet yt extendethe not to the discente or succession of the crovvne althovvghe the same Attainder were by acte of ê‘liameÌ„te as maie appeare by the Attainder of Richarde Duke of yorke and kinge Edvvarde his sonne and also of kinge Henrie the seaueÌ„the whoe were attainted by acte of parliamente and never restored and yet no dishabilitie thereby vnto Edvvarde the fovvrethe nor vnto Henry the seaventhe to receave the crovvne by lavvfull succession But to thys you wolde seame to ansvvere in your saide booke saienge that Henry the seaventhe not vvithstandinge hys Attainder came to the crowne as cast vpon him by the order of the lawe For as muche that vvhen the crovvne vvas caste vpoÌ„ him that dishabilitie ceased Wherein ye confesse directlie that the Attainder ys no dishabilitie at all to the successioÌ„ of the crovvne For althovvghe no dishabilitie can be alleaged in him that hathe the crovvne in possession yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession then muste ye saie that he vvas not lavvfull kinge but an vsurper And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge and that the crovvne vvas lavvfullie caste vpon hym ye confesse directlie thereby that before he Was kinge in possession there vvas no dishabilitie in hym to take the crovvne by lavvfull succession hys saide Attainder not vvith standinge Whiche ys as muche as I vvolde vvishe you to graunte But in conclusion vnderstandinge your self that this your reason can not mainteine your intente you go abovvte an other vvaye to helpe your selfe An ansvvere to the aduersarie makiÌ„ge a difference betwene attaiÌ„der the birthe ovvte of the alleageance makinge a difference in the lavve betvvene the case of Attainder and the case of forren birthe ovvte of the kinges alleagance sainge that in the case of the Attainder necessitie dothe enforce the succession of the crovvne vpon the partie attainted For othervvise ye saie the crovvne shall not descende to anye But vpon the birthe ovvte of the kinges allegeance ye saie yt ys othervvise And for prouf therof ye put a case of I. S. beinge seased of landes and havinge issevve A and B. A ys attainted in the life of I. S. his father and after I. S. diethe A livinge vnrestored Novve the lande shall not descende either to A or B. But shall goe to the lorde of the fee by vvaye of eschete Othervvise yt had bene ye saie yf A had bene borne beyonde the sea I S. breakinge his allegeance to the kinge and after I S. cometh againe into the realme aÌ„d hathe issevve B. and diethe for novve ye saie B. shall inherite hys fathers landes Yf the crowne had bene holden of any person to whom yt might haue escheted as in your case of I S. the lande did Then paraduenture there had bene some affinitie betwene your saide case and the case of the crowne But there ys no suche matter Besides that ye muste consider that the kinge cometh to the crovvne not onlie by discente but also and cheifelie by succession as vnto a corporation And therefore ye might easelie haue sene a difference in your cases betvvene the kinges Maiestie and I S. a subiecte And also betwene landes holden of a lorde above and the crowne holden of no earthlie lorde but of God almightie onlie But yet for argumentes sake I wolde faine knowe vvhere you finde your difference aÌ„d vvhat aucthoritie you can shevve for the proof therof Ye haue made no marginall note of any aucthoritie And therefore vnlesse ye also saie that ye are Pythagoras I will not beleve your difference Well I am assuered that I can shewe you good aucthoritie to the contrarie And that there ys no difference in your cases Pervse I praie you 22. H. 6. and there maye you see the opinioÌ„ of Iustice NewtoÌ„ 22. H. â— fol. 43. that there ys no difference in your cases but that in bothe your cases the lande shall eschete vnto the lorde And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discente Where the eldeste sonne vvas borne beyonde the seas durste not abide in lavve vpon that title This aucthoritie ys againste your difference and this aucthoritie I am well assuerid ys better then any that you haue shewed to proue your difference But yf We shall admitt your difference to be accordinge to the lavve yet your cases Whervnto you applye your differeÌ„ce are nothiÌ„ge like as I have saiede before But to procede on in the proof of our purpose as yt dothe appeare The supposed maxime of the adâ—saries tovchethe not kinges borne beyoÌ„de the sea as appeareth by kinge Stephen and kiÌ„ge H. 2. that neither the kiÌ„ge nor his crovne ys bownde by theys general rules which before I haue shevved So do I like wise saie of all the residewe of the generall rules aÌ„d maximes of the lawe beinge in a maÌ„ner infinite But to retorne againe vnto your onlie supposed Maxime whiche you make so generall coÌ„cerninge the dishabilitie of persoÌ„s borne beyonde the seas yt ys verie plaine
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
kinge Henries deathe the heires of the bodye of the saide Ladye Frances begotten vvere vncertaine yet at suche tyme as the sayde remainder shoulde happen to fall the saide heires might then certainlye be knowen In deede I vvill not denye but that paraduenture they might be then certaynlie knoweÌ„ but what greate mischeiffes and inconueniences might haue ensewed and yet maye yf the vvill take place vpon that ê‘aduenture and vncertaine limitation I vvolde vvishe all men vvell to note and consider Yt ys not to be doubted but that yt might haue fortuned at suche time as the remainder shoulde happen to fall to the saide heires of the Ladye Frances the same Ladie Frances shoulde then be also liuinge Who I praye you then shoulde haue had the crowne Paraduenture ye wolde saye the heyâ—es of the bodye of the Ladye Eleâ—â—our to whom the next remainder vvas appointed Vndowbtedlie that were coÌ„trarie vnto the meaninge of the saide supposed wyll For so muche as the remainder ys ther by limited vnto the heyres of the bodie of the ladie Elenour onlie for defaulte of issewe of the saide Ladie Frances Whereby yt maye be very plainlie gathered vpon the saide supposed wyll that the meanynge therof was not that the Chyldren of the Ladie Elenour shoulde enioye the crowne before the Chyldren of the Ladie Frances But what yf the sayde Ladie Elenour had bene then also lyvinge wich myght have happened for as muche as bothe the saide ladie FraÌ„ces and Ladie Elenour by coÌ„mon cowrse of nature myght have lived longer then vntyll thys daye Who then shoulde have had the crowne Trewlie the ryght heyre whom thys supposed wyl mente to exclude so longe as there shoulde remaine any issewe eyther of the bodie of the saide Ladie Fraunces or of the bodie of the saide Ladie Elenour lawfullie begotteÌ„ And therfore quite contrarie to the meaÌ„ninge of the saide supposed wyll Wherefore I do verelie thincke that yt woulde hardelie syncke into any reasonnable mans head that had anye experience of the greate wisdome and advised doinges of kinge Henrye the eyght abowte other matters beynge of nothinge like weyght that he wolde so slenderlie so vnadvisedlie and so vnlearnedlie dispose the succession of the crowne Where vpon the whole estate of thys Realme dothe depende in suche Wyse that they to whome he ment to geve the same by hys will coulde not enioy yt by the lawe Where vpoÌ„ ye maye plainlie see not onlie the greate vnlikely hodde that kinge Henrie the eight wolde make any suche will with suche slender advice But also that by the limitation of the saide will the succession of the crowne ys made more vncertaine and dowbtefull theÌ„ yt was before the makinge of the saide Actes of Parliamente which ys contrarie to the meaninge and inteÌ„te of the saide Actes and therefore with owte anie sufficiente warrante in Lawe But paradventure some here will saye that althowghe theis dangers aÌ„d vncerteinties might have ensewed vpon the limitation of the said â–ª vvill yet for as muche as they haue not happened neither be like to happen they are therefore not to be spoken of Yes verilie yt was not to be omitted For althovvghe theys thinges haue not happened and there fore the more tollerable Yet for as muche as theye myght haue happened by the limitation of the saide supposed will contrarie to the meaninge of the saide actes the vvill caÌ„ not by any meanes be saide to be made accordinge to the meaninge and intente of the makers of the saide statutes And therefore in that respecte the saide will ys insufficient in lawe And to aggravate the matter farthere ye shall vnderstande of greate incoÌ„veniences and imminent dangers which as yet are lâ—kelie to ensevve yf that supposed will shoulde take place Yt ys not vnknoweÌ„ but that at the time of the makinge of the saide will the saide Ladie Frances had no issewe male but onlie three dawghters betwene her and Henry Duke of Suff. Aftervvarde in the time of our late Sovereigne Ladie Quene Marie the saide Duke of Suff was attainted aÌ„d sufferid accordinglie After whose deathe the saide Ladie FraÌ„ces to her greare dishonour and abasinge of her self toke to her husbande one Adrian Stockes who was before her seruaÌ„te a man of verie meane estate and vocation and had issewe by him Whiche issewe yf yt were a sonne aÌ„d be also yet livinge by the wordes of the saide supposed will ys to inherite the crowne of this Realme before the dawghters betwene her and the sayde late duke of Suff. begotten Which thing was neither intended nor ment by the makers of the saide Actes Who can withe any reason or common defense thincke that all the states of the Realme assembled together at the saide ParliameÌ„te did meane to geve auctoritie to Kinge Henry the eight by hys lettres patentes or laste Will to disherite the Quene of Scottes liniallie disceÌ„ded of the bloude Roiall of this Realme and to appointe the sonne of Adrian Stokes then a meane servinge man of the Duke of Suff. to be Kinge and governour over this noble Realme of Englande The incoÌ„venience wherof as also of the like that might have followed of the pretensed mariage of Maistre Keyes the late sergeante Porter I referre to the grave consideratioÌ„s and iudgemeÌ„ts of the hoÌ„norable and worshipfull of this Realme Some paradventure will saie that kinge Henrie the eight mente by his will to dispose the crowne vnto the heires of the bodie of the saide Laide Frances by the saide Duke lawfullie begotten And not vnto the heires by any other person to be begotten Wiche meaninge althowghe yt myght verie hardlie be gathered vpon the saide supposed will yet can not the same be with owte as greate incoÌ„uenieÌ„ces as the other For yf the crowne shoul de nowe remaine vnto the heires of the bodie of the saide Ladie Fraunces by the saide Duke begotten then shoulde yt remaine vnto two dawghters iointelie they bothe beynge termed and certainlie accoÌ„pted in lawe but one heire And by that meanes the state and governement of thys Realme shoulde be changed from the auncient Monarchie vnto the governemente of manie For the title of the Ladie Fraunces beynge bywaye of remainder wich ys compted in lawe a ioynt purchase dothe make all the issue female inheritable alyke and can not goe accordinge to the aunciente lawe of a discente to the crowne Wich ys that the crowne by disceÌ„te muste goe to the eldeste dawghter onlye as ys afore saide For greate differeÌ„ces be in lawe where one cometh to any title by discente and where as a purchasser And also yf the one of those issewe female dye theÌ„ were her heire in the title as a severall tenante in taile And so there shoulde followe that so many dawghters so manie generall governours and so myght theire issewe beynge heyres females make the governemeÌ„t growe infinit which thinge was moste farre from the meaninge of the makers of the saide parliamente What yf the saide Kynge had by hys
some conveniente order also aswell for the repressinge of them as for the restitution of the sayde Quene Marie into her owne realme And the rather bycause our saide Quene ys learned and therefore not ignorante what greate coÌ„meÌ„dation and immortall fame manie kynges haue purchased to them selves for suche benefitt bestowed vpon other Princes beynge in the like distresse and extremitie The monumeÌ„tes of antiquitie as well prophane as Ecclesiasticall are filled withe the memorie of suche noble factes In holye scripture we reade that Abraham cowragiouselie and manfullie delivered hys brother Lothe Genes 14. whith certaine Kynges taken prisoners by they re enimies Esdrae â–ª 1. Cyrus deliuered the Iewes from captiuitie 4. Reg. c. vlt. Evelmerodache delivered Ioachim the Kynge of Iuda ovvte of prison 1 Machab. 15. The Romans dyd write to divers Kynges in the favour of the Ievves vniustlie oppressed What shall I speake of Alexander the greate that restored Ada the Quene of Caria Or of the foresaide Romans that restored Masinissa the Kynge of Numidia with manie other Kynges Or of our noble Cordell that sett vp agayne in the Royall throne of our Britannie her father driuen from thence by hys two other vnkinde and vnnaturall dowghters Some Princes of this our realme haue in they re greate calamitie amoÌ„ge other kinge Henrie the sixte fownde muche coÌ„forte freÌ„dshippe succour and relief at the kinges handes of Scotlande This Ladie Quene desierethe nowe to taste the like at our Quenes handes Whereby she shall winne greater commendation then did Charles the late Emperour for restoriÌ„ge either of FraÌ„cis Sfortia to the dukedome of Millane or of Muliasses to the kiÌ„gdome of Tunes or of his soÌ„ne kinge Philippe for ê“curinge the restitution of the Duke of Sauoye For this Ladye and Quene ys her most nighe neighbour by place And her nighe cosen and sister by bloude She ys a Quene and therefore this vvere a fitt benefitt for her relief from a Quene Yea she ys as yt were her dawghter bothe by dawghterlye reuereÌ„ce she bearethe her maiestie and by reason she ys of God called to the daughters place in the succession of the crowne yf her maiestie faile of issewe And I dowbte nothinge yf she imploye this motherlye benefitt vpon her but that she shall finde her a myndefull thankfull an obediente dawghter For of all women in this vvorlde she abhorrethe ingratitude She hathe hitherto depended onlye vpon the hope The greate truste that the Quene of Scottes hathe euer had in her deare sister the Quene of EnglaÌ„d to haue helpe and succour of her maiestie geuinge ouer partelye voluntarie partelye at the motion of her maiestie diuers profers of ayde and succour by other mightie and puissante Princes her frendes frelye to her offered reposinge her self vpoÌ„ the fayre and princelye promises that her Maiestie hathe made to her sondrye tymes aswell by lettres as by messengers for her relief when so euer oportunitie shoulde occasion her to craue yt For theys and manye other coÌ„siderations there ys good hope as ys a foresayde that our gratiouse Maistresse will take in hande her restitution Wher vpon I trust shall followe suche farther and entire amitie betwene them bothe and theire realmes that the benefitt fruite and commoditie therof shall plentifullye redowne aswell to all the posteritie of bothe the sayde realmes heare after as to vs presentlie ⧠The printer to the reader I Require aÌ„d hartelie praye the good and louinge reader that yf in this praesent Boke thou finde any alligation not dewlye coted or a poinct out of place a lettre lackiÌ„g or other wise altered as n for u and suche littill light faultes against orthographiae thov wilt neither impute the same to the authour of this worthie Worke nor yet captiouslye controule the errour but rather of thy humanitie and gentilnes amende that which is amisse with thy penne For if thou diddist knowe with what difficulté the imprinting herof was atchiued thou woldest rather curtouslye of frendlye faueur pardon many greate faultes than curiouslye withe rigorouse censure to condemne one litle Christe kepe the in his faithe and feare praesentlie and perpetuallye Amen ⧠A DEFENCE OF THE HONEVR OF THE ryght hyghe ryght myghtye and noble Princesse Marie Quene of Scotlande aâ—d Dowagere of France The fyrste Booke IT WERE to be wisshed that as God and nature hathe moste decentlie ordinatelie and providentlye furnisshed and adorned man with two eyes whie that nature hathe geven co man too eyes and tvvo eares aud but on tongue two eares and butt withe one mowthe and one tongue woÌ„derfulye brydled and kepte in with the lippes the teathe â–ª So men wolde coÌ„sider the cause of yt aÌ„d the greate prouideÌ„ce of God therein And after dewe consideration vse them selues accordingelie Then shoulde we sone learne and practise a good lesson to heare and see manye thynges and yet not to rune headloÌ„ge nor rudelie aÌ„d rashelie to talke of all we here and see But to talke within a coÌ„passe and to referre all our talke to a temperancie and sobrietie and to a knoven tryed trevthe especiallie where the sayde talke maye sownde to the blemishinge and disgracinge of anie mans good name and estimatioÌ„ But nowe a daies the more pittie thereis nothinge almoste but that as sone as yt ys perceaued by the eye or eare must forthwithe be lasshed owte agayne by the mowthe suche a superfluouse and curiouse ytchinge we haue dissolutelie and vnadvysedlie to talke of all matters thowghe they tende to the greate hynderance and infamie of manye of our bretherne And thowghe we be nothinge assured of the certaine trewthe of the matter yea withoute respecte to pryuate or publike persons Of suche vnbrydeled talke no man or woman in our dayes hathe as I suppose more iuste cause to coÌ„plaine then the ryght excellente Princesse ladie Marie Quene of ScotlaÌ„de whose honour manie haue gone abowte to blotte and deface in charginge her most falselie and iniustlie withe deathe of her late husboÌ„de the lorde darley For the defence and mainteynynge of whose innocencye in thys behalf we intende to laye forthe before the gentle reader the moste cheif and principall reasons grounds and arguments where vppon the patrones the inuenters and workers of all theis myscheavouse and develyshe dryfts grownded them selves and all they re owteragyouse doyngs And then consequentlye to infringe and repulse the same For to rehearse answere to and repell all they re assertions and obiections yt woulde require a verie longe tediouse and a superfluouse discourse in as muche as theis iolye gaye oratours measuringe theire doings more by nombre of false obiections then by trewe substanciall and pithie matter to make a goodlie florishe and a trime shewe to face owte and countenance they re craftie iuglings And to cover they re disordered dealings there with all have raked vppe and heaped together onevppoÌ„ an other against they re good maistresse and Sovereyne Quene no small nomber
saide as what vve further shall saie in supplemente of full answere and then to iudge and deme of the matter none otherwise then reason equitie lawe do craue They shall at lengthe finde owte and throwghlie perceaue and knowe theis mens dealings and doings Who as yet cover theire fovvle filthie lienge detestable practizes and traiterouse enormities withe suche a visarde of counterfeite false fained holines and suche excedinge greate shewe of zeale to the Quenes honour in punishinge off malefactours and to the preseruatioÌ„ of the state of the realme as thowghe all the worlde vvolde fall and goe to rewen yf yt were not vpholden vnderpropped by the streÌ„gthe of theire showlders Theie shall see hovve they will appere in theire owne naturall likenes so ovvgelie that all good harts vvill vtterlie detest them and thincke them most vvorthie for example sake to all the Worlde hereafter of extreme punishemeÌ„te We affirme then first that as they have produced nothinge in the vvorlde tovvchinge the principall points As of the lorde Darleies deathe the acquitall of the Erle Bothvvell and the Quenes mariage vvith him iustlie to charge her vvithall So are theie them selues asvvell for the saide acquitall and mariage as for theire damnable and rebellyouse attempts against theire Sovereigne and for manie other enormous crimes so farre and so deapelie charged â–ª so fovvlie stained and so shamefullie marked and noted that never shall they Withe all theire hypocriticall fine fetches be able to rubbe ovvte the dirtye blotts therof from theire skirts Whiche thinge vvilbe easelie perceaved of them that vvyll vouchesauf and aduisedlie coÌ„sider the fonde friuolouse and contradictorie excuses they make in theire ovvne defence At the begininge theire open surmised quarrell vvherby they vvente abovvte to dravve the peoples harts to them selves and to strengthen theire ovvne faction stode in three poynts as appearethe by theire excuses and by theire pretensed proclamations The first vvas to deliver the Quene from the Erle Bothevvell vvho violentlie deteined her The causes that the Rebells pÌ„tended at the begininge and to preuent daungers immineÌ„t to her parson The seconde to reuenge the kings deathe vpon the saide Both vvell vvhom they knevve as they pretended to haue bene the principall doer in the execution of the saide murther The thirde Was to preserue the yonge Prince the Quenes soÌ„ne This ys theire iolie and holie preteÌ„ce Novv lett vs see hovve conformable theire vvorthie procedings are to theis theire colorable cloked holie collusions The fyrst gentle and humble admonition that theis good louinge subiects gaue her An ansvvere to the first to reforme the surmised enormities vvas in battell arraye at Bortvvike castle vvhiche they thovvght vpoÌ„ the sodaine to haue possessed vvith the Quenes person vvher vpon they beinge disapointed therof gatt into the tovvne and fortresse of Edenborowghe by the treasoÌ„ of Balfoure the capitaine therof and of Cragmiler the prouoste of the citie Wherbi they beinge the more animated to followe and prosequute theire vvicked enterprise begane nowe to be stronge in the filde The Quene hauing also a good stroÌ„ge armie and thinckinge her self vvell able therby to encounter vvithe the ennemie and to represse theire furiouse outrage yet not vvithestandinge for the greate loue aÌ„d pittie she toke of them thovvghe rebelliouse subiects Wilinge as muche as in her laye to kepe and preserue theire bloudd from shedinge offered them fayre of her owne free motion that yf they wolde peaceablie come to them and take dewe and conuenient order for the redresse of all suche things as might appere by lavve and reason mete to be reformed Wher vpon the lorde Grange was sente by the lords to her The lorde Grange ê“mised vpoÌ„ his knees obedience in all the rebells names Who in all theire names moste huÌ„blie vpoÌ„ his knees assured her of all dewe obedience of securitie and sauftie of bothe her life and honour And so the good ladie her conscience beringe her vvitnes of all her iuste and vpright dealings and therefore nothinge mistrustinge dismissinge her armie yelded her self to the lords Who conueyed her to Edenborowghe aÌ„d there sett her at suche a meruelouse libertie and in suche securité and safetie that all good men to the Worlds ende Will vvonder at theire excediÌ„ge good loyaltie Fyrste kepinge her owne pallace they sett and placed her in a marchants howse and vsed her otherwise verie homelie She nowe consideringe and perceauinge to vvhat ende theis matters tended most pittifullie cried ovvte and called vpon them to remember theire late promisse or at the leaste that she might be browght before the counsaile offeringe to stande to the order and direction of the states of the realme but God knovvethe all in vaine Foâ— novve had they the praye vvheron they intended to vvhett theire bloudie teathe or they did dismisse or forgoe her as the euente dothe declare Wherefore in the night priuelie she vvas conuaied and vvithe haste in disgvvised apparrell The Quene inprisoned at lochleuen to the stronge forte of Lechleuen and after a fevve dayes beinge stripped ovvte and spoiled of all her princelie attyremeÌ„te vvas clothed vvith a course brovvne cassocke After this theis good loyall subiects practisinge aÌ„d encreasinge more and more dailie the performance of theire saide promised obedience neuer ceased vntill they had vsurped the full auctoritie and regiment of the vvhole In to the vvhiche thovvghe they had entruded them selues yet seinge as blinde as they vvere by disordinate vnseamlie and vnmeasurable ambition that the Quene remained and vvas still Quene and that there vvas no iuste cause by the ordinarie course of the lavve or for anie her demerites deserts to briÌ„ge her forthe to her triall that she might be conuicted aÌ„d deposed vvent like good honest plaine men and vvell meaninge subiects bluntlie to vvorke and consulted and determined to dispatche and ridd her ovvte of her lif vnlesse she vvolde yelde to them aÌ„d subscribe suche vvritings as they vvolde sende to her concerninge the demission of her crovvne to her sonne and the regimente of the reaulme to the Erle Murraie Wher vpon the Erle of Athole Secretorie Ledington withe other principall of theire factious bande sent Robert Miluen to Lechleuen to vvill her in anie case yf she sovvght the sauuegarde of her life to condiscende to such demandes and to sett her hande to suche vvritings as shoulde be proposed and brovvght vnto her Whiche as they saide to do The Quene threatned to be ridd avvaye yf she wolde not renoÌ„ce her crovvne neuer coulde be preiudiciall to her beinge by force and violence extorted Syr Nicholas Throkmarton also beinge then ambassadour there for the Quene of England gaue her the like aduice Novve at the laste comethe the lorde Lindzaye sente in comisssioÌ„ from theire counsaile to presente and offer vnto her the writings who most greauouselie withe full fearefull words verie cruell sterne countenaÌ„ce threatened her that vnlesse she Wolde therto subscribe she shoulde lose
ys vnlavvfullie vnrightuouslie and disorderlie done Yf yt had bene but a poore priuate maÌ„s cause for the lacke of devve aÌ„d coÌ„uenient forme in the treatinge aÌ„d handlinge therof the Whole ê“cedinge had bene of none effecte or purpose The lavves of vvell ordered coÌ„mon vvealthes especiallie the ciuill lavve The lawe geueth exceptions to the defendaÌ„t agaiÌ„st the iudges the accusers and witnesses the principall aÌ„d maistris of all other ciuill pollices aÌ„d ordinaÌ„ces do require in all iudgemeÌ„ts to be geuen against the defendaÌ„te three seuerall aÌ„d distincte ê‘sons the iudges the accuser aÌ„d the vvitnesses The defendante hathe the benefitt of iuste and lavvfull exceptioÌ„s as vvell against the iudge as against the accusers and vvitnesses Eache of vvhome maye be reiected for open enimitie tovvarde the defendant and for diuers other causes Accusers maye be repulsed some for that they haue receaued a singuler benefitte of the partie defendaÌ„te C. qui accusat non poss l. iniquum l. fi l. q accuss H. de accusat as a bonde man manumitted aÌ„d made free In case he will accuse his patrone and manumissor or yf a man will accuse his educatour and bringer vpp Some for nearenesse in bloudd and consanguinitie as the brother Some for nawghtie aÌ„d in famouse behauiour aÌ„d some for other respects Shal theis vngratefull traytours then that iustlie neither can be iudge nor accuser nor as muche as vvitnes against there souereigne and to them a most gratiouse Quene by anye reason or lavve playe them selues all the three parts iÌ„ the tragedie For they haue in all theis theire vvorshipfull proceadings against her made suche a hotche potche suche a mingle mangle suche a confuse and disordered chaos against iustice and nature that they them selues vvere the accusers they them selues the vvitnesse they them selues the Iudges and examiners of her cause Ys there anie honest meaninge and gentle natured harte that can ons pacientlie abide and suffer to heare theys theire tauntinge and intollerable owteragiouse inueings and accusations especiallie of the Erles Murraye and Morton the Capitaines ringeleaders and cheif practitioners therof against her to Whome they are most deapelie bownde aswel for highe prefermente vndeserued as for diuers pardons of deathe by manifolde treasoÌ„s worthelie deserued To whome the one of them ys by nature aÌ„d bloude albe yt base as a brother entierlie conioined And to Whome they both owght to be with the reste as to theire leage ladie most loyallie subiected Shall they novve vvithe the lorde Lindzaye be admitted to staine and defile her honour to seake her harts bloude Who longe sithens had vvorthelie loste theire ingrate chorlishe traiterouse bloude yf they had not bene preserued by her singulier and incredible clemencie Yet let vs consider theire precise and most holie forme of iudgemente The Quene vvas disorderlie and rebelliouselie appreheÌ„ded she vvas caste in prisoÌ„ not ons hearde to answere for her self most instaÌ„tlie aÌ„d pittifullie crauiÌ„ge audieÌ„ce She vvas forced and constrained by moste vehemeÌ„te and iuste feare to geave over her crovvne and dimisse the regimente to the Erle Murraye One greate argumeÌ„te of the saide constrainte and compulsion amonge other ys that she neuer reade suche vvritiÌ„gs as vvere offered to her A good argumeÌ„te that the Quene by copulsion dimissed the crovvne to be by her subscribed nor entred into anye covenante or talke for the mainteinance of her lyuinge or saufgarde of her lyfe vvhiche thinge she vvolde never by any indifferente mans iudgement haue done yf she had freelie and voluntarilie yelded vpp her regall dignitye Neither can the pretensed parliamente be preiudiciall to her staÌ„dinge vpon no better or suer grovvnde then vppon suche as vve haue rehearsed And vpoÌ„ suche vvorshipfull lettres missive as are by them I can not tell more falselie or more foÌ„delie coÌ„terfeited Suerlie suche traitours as durste laye violente hands vppon theire Quene and intrude theÌ„ selves into the regall gouernemente vvill make but small curtesie in the fainiÌ„ge and forginge a lettre therby to vvorke theire purposed mischeif I vvolde then farder demaunde of them What authoritie they had to somon asseÌ„ble a parliameÌ„te And whether thys facte of hers supposinge she were therein gvviltie deservethe in her beinge a Prince consideringe hovve heinowselie the lorde Darlie had offended her and the crovvne of Scotlande suche extreame punishemente to be levied vpon her for one simple murther especiallie by them that comitted that shamefull murther vpon her secretorie that hathe coÌ„mitted so manie treasons and dailie do comitt so many horrible murthers vpon the Quenes trewe lovinge subiects Howe manie and hovv crewell and terrible deathes suche traitours deserve We haue moreover to demaunde of them whereas they pretende a meruelouse and a singular zeale to religion and holie scripture aÌ„d to measure all theire doings preciselie by scripture and order therof vvhat sufficient vvarrante they haue therein by theire private aucthoritie to sett violente hands vpon theire annointed Prince I finde there that kinge Dauid vvas bothe an adoulterer and also a murtherer I finde that God vvas highelie displeased with hym therefore Yet finde I not that he was therefore by his subiects deposed And here might I take occasion owte of the sacred scriptures to declayme and discourse agaynst your disordered doings but that yt ys neadelesse and our matters othervvise grovve longe But yet consider ye vvithe your selues you the Erles Morraye aÌ„d Morton vvithe your consociates that eauen adioyninge the Quene vvere culpable and in some fault as she ys not in this matter Whether yt had not bene muche better and more auaileable to your comon vvelthe aÌ„d to the state therof prudentlie to haue dissembled the matter as your forefathers haue hertofore done in a greater cause then this namelie in duke Roberte The Duke Roberte of Scotlande the gouernour kinge Roberts Brother then to haue permitted your comon vvelthe to haue comen in to so miserable aÌ„d wretched a state at yt ys novve fallen in and dailie ys likelie to be in vvorse case and vvorse I suppose yt vvilbe fovvnde that yt had bene a muche better pollicie to haue reserued the punishemente therof to Gods ovvne rodd and iustice in this or in any other vvorlde then to haue taken from him that he hathe reserued to his ovvne onlie iudgemente and to haue geaueÌ„ to the subiects of other Princes suche a vvicked presidente that yf theis other subiects treade faste vpoÌ„ your steppes there Will shortelie fewe kings and Princes in christenedome haue any sure and faste holde of theire scepter and royall dignitie We conclude then against you speake and do the vvorste by her that ye can inuente that your ê“cedings be not agreable or correspondeÌ„te to lavve order and iustice And therefore to be reuoked repealed and annulled We saye that the comon rule of the lawe ought heare to take place Spoliatus ante omnia restituendus est vnlesse that where all lawes asvvell Gods as mans lavve do
to travaile muche or farre for the findiÌ„ge oute of this matter For he mowght at all times have fovvnde the heades of the conspiratours vpon the Erle MortoÌ„s his ovvne shulders Th' Erles Murraie mortoÌ„ the heads of the conspiracie against the lorde Darley vve saie farther that as yt ys a straÌ„ge aÌ„d a newe kiÌ„de of deuotioÌ„ in the Erle Murraye so to quarrell for lacke of soleÌ„nitie at the buryall of him for whose saide buriall he longed and loked for so loÌ„ge So we saie likewise that yt seamethe Wonderfull to love him so teÌ„derlie beinge deceased and deade WhoÌ„ he so deaplie hated livinge And to seake so seriouslie and severelie to punishe the murtherers of hym whoÌ„ he wolde so ofte haue murthered hym self This geare seamethe to vs poore simple and slender witted men vnlikelie incredible and half repugnaÌ„te to nature And what soever the cause be we be of that minde that yt ys not like to ê“cede of anye feruente zeale or greate affectioÌ„ he bearethe to the partie or to the executioÌ„ of Iustice. Ye are good Reader desierouse paradueÌ„ture to learne what other cause there might be of so straÌ„ge dealinge Well as straÌ„ge as yt ys we lacke not examples of the like craftie and subtile policie aswell in holie scripture in the monumeÌ„ts of antiquitie of other coÌ„trees as of EnglaÌ„de especialie ScotlaÌ„de yt selfe We finde then in holie scripture that there was one Onias at Hierusalem the high priest a man of singulier vertue and perfection and one that maruelousely tendred God his honour and the honour aÌ„d welth of his countrie There vvas also at the same time one SimoÌ„ a verie eauell disposed aÌ„d vvicked creature which went abowt certaine naughtie and wicked deuises Lib. 2 Machab ca. 3. 4. But seinge that he cold not achiue his mischeuous purpose by reasoÌ„ this blessed man Onias stayed stopped aÌ„d pÌ„uented him he practiseth this vvicked deuise he causeth kinge Seleucus to be informed of the greate and inestimable treasure remaninge and reposed in the temple at Hierusalem vvhere vppon the kinge sent Heliodorus to fetch awaye by force the said treasure But aftervvarde vvhen this purposâ— chaunced to be frustrated aÌ„d voide by reason that this Heliodorus beinge vvonderfullie plaged of God vvas coÌ„strained to forbeare and relinquish this entreprise and the people beinge vvonderfullie offended and in a greate rage to see such a hainous sacrilege attempted What doth nowe thinke ye this good and honest man Simon Surelie he playeth the same part that th'erle Murrie hath plaied vvith his moste gratious Quene openlie charginge the good innoceÌ„t Onias vvith his ovvne shamefull acte and sayinge that he solicited aÌ„d incensed the kinge to robbe and spoile the Temple We finde in the cronicles of our realme PolycronicoÌ„ FabiaÌ„ The cronicles in Engliss preÌ„ted anno 1498. that albeit Vortiger aspiringe to the crowne of the realme actuallie and reallie obtained the same by the murtheringe of kinge CoÌ„stance which was not done without hys craftie incensinge and previe consent yet he preteÌ„ded outwardlie greate sourowe weapiÌ„ge and lamentinge the murther of him the vvhiche he neuer theles locked for And vvas the occasion of the same Hector Boet. l. 11. As for Scotlande I reporte me to the tragicall hystorie of kinge Duffus slaine by a noble man named Dunvvaldus vvho was in greate estimatioÌ„ and aucthoritie wth the saide kinge The Erle of Murra asseÌ„bled to DuÌ„vvaldus that ê“cured the slawghter of kinge Duffus in Scotlande vvhen the kinge vvas a bedd in the Casole wherof this Dunvvaldus had the keapinge he banketed hys chamberlaines and so sore oppressed theÌ„ vvith immoderate surfetinge and drinckinge that vvhen they vvere ons gotteÌ„ abovvte hyghe midnight to sleape in theire bedds ye might haue ronge a greate-bell over theire heades loÌ„ge ere they wolde wake Who beiÌ„ge in theire deade aÌ„d deape sleape the kinge vvas murthered slaine by suche as this noble man had suborned His deade bodie vvas caried avvaie buried in a Riuer The laborers that buried him were also slaine that they might tell no tales In the morninge the kinge vvas missinge his bed vvas fownde â—mbrevved with bloud his drovvsie drunken chamberlaines that leaste knevve of the matter vvere had in greateste suspition aÌ„d With ovvte farther delaye by the sayde Dunvvaldus like a man zealouse to punishe malefactrÌ„s vvere slaine and put to deathe No man beinge farther a greate vvhile from suspition then he vntill firste his ovvne ouer busie searchiÌ„ge for the murtherers aÌ„d afterwarde other thiÌ„ges breade vppon him suche suspition that he vvas thervpon apprehended and beinge fownde gwiltie worthelie executed Idem lib. 16. The like praÌ„ke Played Duke Robert brother to the kinge of ScotlaÌ„de aÌ„d gouernour of the realme of vvhome vve spake before The like ê“te played by Duke Robert in Scotlande He procured the Prince his nephevve to be made avvaye aÌ„d murthered And yet pretendinge him self as holie as the E. Murraye dothe to be zealouse in the punishinge of such an heinouse facte caused certaine innocente ê‘sons to be executed therefore We saye then that the Erle Murrayes doinges ê“cede not from anie greate care he hathe to the maintenaÌ„ce of lawe and iustice vvho ys most culpable him self But onlie colorablie to cloke and hide his ovvne mischeuouse trecheries and to turne the blame of the fault from him self vpon his good ladie and Quene from whose person yt ys farthiest Wherof they them selues gaue in manner plaine testimonie and vvitnes For thowghe they had openlie in theire pretensed and disordered parliamente detected her therof yet before the Quene of Englands comissioners they alleaged other matters as her voluntarie resignation of her crovvne c. The vvhich allegations when they vvell savve The Erle Murraye aÌ„d his fellovves beynge driueÌ„ from all shiftes at leÌ„gth layd to they re Quene the deathe of the lor. Darley before the Quene aÌ„d consaile of EnglaÌ„de vvolde not serue theire turne and that men did vnderstande hovve aÌ„d after vvhat sorte they had ê“ceaded against her in ScotlaÌ„de they vvere as yt vvere driueÌ„ and forced beinge excluded from all other appareÌ„te shifts after seauen or eighe vvekes aduisemeÌ„t after theire first inuectiue to obiecte the saide facte Wherof the good innocent Quene hearinge and astonied at theire strange and contumeliouse canuasings and impudeÌ„cie in theire doinges aÌ„d beinge sithe her apprehension crediblie enformed aÌ„d by appareÌ„cie of matter aÌ„d proof therof lead aÌ„d induced to beleaue aÌ„d geue creditt that this vviked entreprise vvas chefelie inuented aÌ„d coÌ„passed by the Er. Murraye aÌ„d mortoÌ„ made earnest suite by her coÌ„missioners to her God sister our noble Quene to arrest them that they shoulde not shrincke awaye aÌ„d departe vntill they had ansvvered that matter for them selues which she fullie inteÌ„ded moste effectuallie to prosequute against them and others And so did accuse them in deede by her comissioners And desidered farther that she might come in her ovvne person before her
that yt was never taken to exteÌ„de vnto the crovne of this realme of EnglaÌ„de as yt maie appeare by kinge StepheÌ„ by kinge HeÌ„rie the secoÌ„de who were both straÌ„gers FreÌ„ch meÌ„ And borne oute of the kiÌ„ges allegiaÌ„ce and neither vvere they the kinges children immediate nor theire pareÌ„tes of the allegiance And yet they haue bene alwayes accompted lawfull kinges of Englande nor theire title vvas by any man at any time defaced or comptrolled for any suche consideration or exceptioÌ„ of forren birthe And yt ys a worlde to see hovve you vvolde shifte your handes from the saide kinge Henrie Ye saie he came not to the crovne by order of the lavve The aduersaries obiectioÌ„ tovchinge kinge H. 2. avoided but by capitulatioÌ„ or agrement for as muche as his mother by whome he conveied hys title vvas then livinge Well admitt that he came to the crowne by capitulation duringe his mothers life Yet this dothe not proue that he vvas dishabled to receaue the crovvne but rather proveth his abilitie And althovvghe I did also admitt that he had not the crovvne by order of the lavve duringe his mothers life yet after his mothers deathe no man hathe hytherto dovvbted but that he vvas kinge by lavvfull succession and not againste the lavves and customes of this realme For so might you putt a dovvbte in all the kinges of this realme that ever gouerned sithens and driue vs to seake heires in Scotlande or elles where whiche thinge we suppose you are over vvise to goo abowte Besides this I haue harde some of the adversaries for farther helpe of theire intention in this matter saie that kinge Henrie the seconde vvas a Quenes childe and so kinge by the rule of the common lavve Trevvlie I knovve he vvas an Empresse childe but no Quene of Englandes childe For althovvghe Mavvde the Empresse his mother had a right and a good title to the crovvne and to be Quene of EnglaÌ„de Yet vvas she never in possessioÌ„ but kept from the possession by kinge Stephen And therefore kinge Henrye the seconde can not iustlie be saide to be a Quene of Englandes childe nor yet any kinges childe vnlesse ye wolde intende the kinges children by the wordes of infantes de Roy c. to be children of farder degree aÌ„d discended fom the right line of the kinge so ye might saie trevvlie that he vvas the childe of kinge Henrye the firste beinge indede the soÌ„ne and heire of Mavvde the Empresse davvghter and heire of kinge Henrie the firste As tovvchiÌ„ge Arthure kiÌ„ge Richardes nephewe Whereby your saide rule ys here fovvlie foiled And therefore ye Wolde faine for the maintenance of your pretensed maxime catche some holde vppoÌ„ Arthure the sonne of Ieffrey one of the sonnes of the saide Henrie the seconde Vt autem pax ista summa dilectio tam multiplici q arctiori viÌ„culo coÌ„nectaâ— pÌ„dictiscuriae vestriae magnatibê° id ex ê‘te vrÌ„a tractaÌ„tibê° dnÌ„odisponeÌ„te condiximê° intet Arthurum egregiuÌ„ ducem Britanniae nepoteÌ„ nostruÌ„ heredeÌ„ fi fortè sine ê“le obire nos coÌ„â—gerit filiaÌ„ vestraÌ„ matrimoniuÌ„ coÌ„trahenduÌ„ c. Ye saye then like a good and iolie antiquarie that he vvas reiected from the crovvne by cause he vvas borne ovvte of the realme That he vvas borne ovvte of the realme ys verie trevve but that he was reiected from the crovvne for that cause yt ys verie false Neither haue you any aucthoritie to proue your vaine opinion in this pointe For yt ys to be ê“ued by the cronicles of this realme that kinge Richarde the first vncle vnto the saide Arthure takinge his iorney tovvarde HierusaleÌ„ declared the saide Arthur as vve haue shevved before to be heire apparente * In tractatu pacis inter Rich. 1. TancreduÌ„ RegeÌ„ Siciliae vid. Rog. Hoâ—enden Richar. canonicuÌ„ sancta Trinitatis Londini vnto the crowne Whiche vvolde not haue bene yf he had bene taken to be vnhable to receaue the crowne by reasoÌ„ of foreÌ„ birthe And althovvghe kinge Iohan did vsurpe aswell vpoÌ„ the saide kinge Richarde the firste his eldest brother as also vpon the saide Arthur his nephevve yet that ys no proof that he vvas reiected by cause he vvas borne owte of the realme Yf ye colde proue that then had ye shewed some reason and presidente to proue your intente Whereas hitherto you haue sheued none at all nor I am Well assured shall euer be able to shevve Thus maye ye se geÌ„tle reader that neither this pretensed maxime of the lavve sett forthe by the aduersaries nor a greate noÌ„ber more as generall as this ys which before I haue sheued can by anye resonable meanes be stretched to biÌ„de the crovvne of EnglaÌ„de Theis reasons aÌ„d auctorities maye for this time suffice to ê“ue that the crowne of this realme ys not subiecte to the rules and the principles of the common lavve neither can be ruled and tried by the same Whiche thinge beinge trevve all the obiections of the aduersaries made against the title of Marie the Quene of Scotlande to the successioÌ„ of the crovvne of this realme are fullie ansvvered and thereby clierlie vviped avvaye Yet for farther argumentes sake and to the ende vve might haue all matters sifted to the vttermoste and therby all thinges made plaine Let vs for this time some vvhat yelde vnto the aduersaries admittinge that the title of the crovvne of this realme vvere to be examined and tried by the rules and principles of the common lavve aÌ„d then lett vs consider and examine farther whether there be any rule of the common lavve or elles statute that by good and iuste construction can seame to impugne the saide title of Marie the Quene of Scotlande or no. For tovvchinge her lineall descente from kinge Henrye the seauenthe and by his eldeste davvghter as we haue shevved there ys no man so impudeÌ„te to denie yt What ys there then to be obiected Amonge all the rules maximes aÌ„d iudgementes of the common lavve of this realme onlie one rule as a generall maxime ys obiected against her And yet the same rule ys so vntrevvlie sert forthe that I can not vvell agree that yt ys any rule or maxime of the comon lawe of this realme of Englande Your preteÌ„sed Maxime ys who soeuer ys borne ovvte of the realme of Englande A false maxime set forthe by the aduersarie and of father aÌ„d mother not beinge vnder the obedience of the kinge of Englande can not be capable to inheriteany thinge in EnglaÌ„de vvhich rule ys nothinge trevve but altogether false For euerie stranger and alien ys able to purchasse the inheritance of landes vvithin this realme as yt maye appeare in 7 7. E. 4. fol. 28. 9. E. 4. fo 5. 11. H. 4. fol. 25. 14. H. 4. f. 10. 9 of kinge Edvvarde the fovvrthe And also in 11 14 of kinge Henrie the fovvrthe And altovvghe the same purchasse ys of some men accompted to be to the vse of
succession after the deathe of the parentes that dye intestate ys duë to the children vvhiche succession apperteinethe as vvell to degrees remoued as to the firste L. luciê° ff de heredi Instit. l. iusta et l. natoruÌ„ l. liberoruÌ„de verbor signifie Yea in all causes fauorable as ovvrs ys this vvorde Sonne Filius conteinethe the nephevve thowghe not by the propertie of the voice or speache yet by interpretation admittable in all such thinges as the lavve disposethe of As tovvchinge this worde Ensans in Frenche vve saye that yt reachethe to other descendants L. 2. §. Si mater ad S. C. Tertu l. filiê° ad S. C. as well as to the firste degree Wherein I do referre me to suche as be exê‘te in the saide toÌ„gue We have no one worde for the barenes of * Enfants in franche couÌ„teruailethe thys vvorde liberi in laten our englishe tongue to counterpaise the saide frenche worde Enfans Maced l. senat de ritu nupt l. ê™ si nepotes ff de test tutel cuÌ„ notaâ—is ibidem or the laten worde Liberi Therefore do we supplie yt as well as we maye by this worde children The Spaniardes also vse this worde InfaÌ„tes in this ample sorte wheÌ„ they call the nexte heire to the heire apparente the infante of Spaine Eaven as the late deceased lorde Charles of Austriche was called his father and grandfather then livinge Yf then the originall worde of the statute declaringe the saide rule maye naturallie and properlie appertine to all the descendants why shoulde we straine and binde yt to the firste degree onlie otherwyse then the nature of the worde or reason will beare For I suppose verelie that yt will be verie harde for the adversarie to geave any good and substanciall reason d. l. liberorum whie to make a diuersitie in the cases But towchynge the contrarie there are good and probable considerations whiche shall serve vs for the seconde cause As for that the grandfathers call they re nephewes The grandfathers cal theire nephevves sonnes· as by a more pleasante plausible name not onlie theire chyldren but theire soÌ„nes also for that the sonne beinge deceased the grand father surviuinge not only the grand fathers affectioÌ„ but also the suche right title and intereste that the sonne hathe by the lawe and by proximitie of bloudde growe and drawe all to * L. Gallus §. instituens ff de libert post l fi C. d. impub. alijs subst cap. iaÌ„ 1. q. 4. The father and sonne are coÌ„pted in person and fleshe inmanicre one the nephewe Who representethe and suppliethe the fathers place the father aÌ„d the sonne beinge compted in parson and in fleshe in manier but as one Whie shall then the bare and naked coÌ„sideration of the externall and accidentall place of the birthe onlie seuer and sonder suche an intire inwarde and naturall coniunction Add there vnto the manye and greate absurdities that maye herof springe and ensewe The greate absur litie that might followe in excludiÌ„ge the trâ—we and right successor for the place of his birthe onlie Diuerse of the kinges of this realme as well before the time of kinge Edwarde the thirde in wose time this statute was made as after him gaue theire dawghters owte to forraine and some tymes to meane Princes in mariage which thei wolde never soo ofteÌ„ times have done if they had thowght that while thei wente abowte to sett forthe and aduaÌ„ce theire issewe theire doinges shoulde haue tended to the disheritynge of them from so greate large and noble a Realme as this ys Whiche might have chaunced yf the dawghter hauinge a sonne or dawghter had died her father liuiÌ„ge For there should this supposed maxime have bene a barre to theire children to succedde theire grand father This absurditie wolde have bene more notable yf yt had chaâ—â—ced abowte the time of kinge Henrie the seconde or this kinge Edwarde or kinge Henrie the firste and sixt when the possessions of the crowne of this realme were so amplie enlarged in other contreyes beyonde the seas And yet never so notable as yt might have bene hereafter in our freshe memorie and remembrance yf any suche thinge had chaunced as by possibilitie yt might haue chaunced by the late mariage of kinge Philippe and Quene Marie For Admittinge theire dawghter married to a Forren Prince shoulde have died before them she leauinge a sonne survivinge his father and grand mother they hauinge none other issewe so nighe in degree then wolde this late framed maxime haue excluded the same sonne lameÌ„tablie and vnnaturallie from the succession of the crowne of Englande and also the same crowne from the inheritance of the realmes of Spaine of both Sicilies with theire appourtenances of the Dukedome of Millaine and other landes and dominions in Lumbardie and Italie as also from the Dukedomes of Brabante Luxembourge Geldres Zutphan Burgundye Friselande from the contreyes of Flaunders Arthois Hollande Zelande and Namours and from the newe fownde landes parcell of the saide kingdome of Spaine Whiche are vnlesse I be deceaued more ample by doble or treble then all the contreyes nowe rehearsed All the whiche contreyes by the foresaide mariage shoulde haue bene by all right deuolued to the saide sonne yf anye suche childe had bene borne Yf either the same by the force of this iolie newe founde maxime had bene excluded from the crowne of Englande or the saide crowne from the inheritance of the fore saide contreyes Were there any reason to be yelded for the maintenaÌ„ce of this supposed rule or maxime in that case Or might there possiblie rise any coÌ„moditie to the realme by obseruinge there in this rigorouse pÌ„tensed rule that shoulde by one hundred ê‘te counteruaile this importable losse aÌ„d spoile of the crowne and of the lawfull inheritour of the same But perchance for the auoidinge of this exceptioÌ„ limited vnto the bloude royall some will saye that the same was but a priuilege graunted to the kinges children not in respecte of the succession of the crowne but of other landes An evasion avoided preteÌ„dinge the priuilege of the kinges childreÌ„ not to be in respecte of the crovvne but of other laÌ„ds descendinge to them from theire Auncettours Whiche altowghe we might verie well admitte and allowe yet can yt not be denied but that the same privilege was graunted vnto the kinges children and other descendants of the bloudd royall by reason of the dignitie and worthines of the crowne which the kinge theire father did enioye And the greate reverence which the lawe geuethe of dewtie therevnto And therefore yf ye wolde goe abowte to restraine and withe drawe from the crowne the privilege which the lawe geuethe to the kinges children for the crownes sake ye shoulde do therein contrarye to all reason and against the rules of the arre of reasoninge which saiethe that propter quod vnuÌ„quodque illud magis Propter ê™ vnuÌ„ quodque illud
magis Beside that I wolde faine knowe by what reason might a man saie that they of the kinges bloudd borne owte of the allegiance of Englande maye inherite laÌ„des with in this realme as heires vnto theire Auncetours not beinge able to inherite the crowne Trewelie in myne opinion yt were against all reason But on the coÌ„trarie side the verye force of reasoÌ„ muste driue vs to grauÌ„te the like Yea more greate aÌ„d ample priuilege and benefitt of the lawe in the successioÌ„ of the crowne For the royall bloude where soeuer yt be fownde The royall bloud bearethe hys honour withe yt wheresoeuer yt be will be taken as a praecious and singuler Iewell and will carrye with yt his worthie estimation aÌ„d honour with the people and where yt ys dewe his right with all By the ciuill lawe the right of the inheritance of priuate persons ys hemmed and ynched with in the baÌ„des of the tenthe degree Vide Ant. CorsetuÌ„ de potest excell regia q. 106 The bloude royall ronnethe a farther race and so farther race aÌ„d so farre as yt maye be fownde where withe the greate aÌ„d mightie coÌ„querers are gladde and fayne to ioyne with all euer fearinge the weaknes of theire bloudie sworde CoÌ„querers gladde to ioynewith the royall bloude in respecte of the greate streÌ„gth and force of the same For this cause was Henrie the firste called for his learninge aÌ„d wisdome Beauclerke gladde to consociate and cupple him selfe with the Auncient royall bloude of the Saxones Henrie the first which coÌ„tinewinge in the princely successioÌ„ from worthy kinge Alured was cutt of by the deathe of the good kinge Edwarde And by the marienge of Mathildis beinge in the fowrthe degree in liniaâ—l discente to the saide kinge Edwarde Was reuiued and revnited From this Edvvarde the Quene of Scottes as vve haue before shewed takethe her noble anciente petigrevve Theis then and diuers other reasons cavses moo maie be alleaged for the vvayeÌ„ge aÌ„d settiÌ„ge forthe of the trevve meaniÌ„ge inteÌ„te of the saide l. vve Novve in case theis tvvo cavses coÌ„sideratioÌ„s vvill not satisfie the adversarie We will adioyne ther vnto a thirde Whiâ—he he shall never by any good honeste shifte avoide And that ys the vse aÌ„d practise of the realme aswell in the time foregoinge the saide statute as after vvarde We stande vpon the interpretatioÌ„ of the coÌ„mon lavve recited declared by the saide statute And hovve shall vve better vnderstaÌ„de vvhat the lavve ys therin l. fi ff de le theÌ„ by the vse and practise of the saide lavve CoÌ„moÌ„ vse aÌ„d practise the beste interpretation of the lavve For the beste interpÌ„tatioÌ„ of the lawe ys custome But the realme before this statute admitted to the crovvne not onlie kinges children and others of the first degree but also of a farther degree And suche as vvere plainely borne ovvte of the kinges allegiaÌ„ce The foresaide vse and practise appearetheâ— EodeÌ„ Anno Rex cuÌ„ in diebus suis ê“cessissâ—â— AeldreduÌ„ VigornieÌ„sem EpÌ„um ad regem Hungar. traÌ„smitteÌ„s reuocauit inde filiuÌ„ fâ—is sui EdmuÌ„di Edvvardum cuÌ„ tota familia sua vt vel â—pse vel filij eiê° sibi succederent in regnum Flor. â—ist An. 1057 â–ª Flor. hist. 1066. vell before as sithens the time me of the conqueste Amonge other kinge Edvvarde the coÌ„fessour beinge destitute of a lavvfull heire vvith in this realme sent iÌ„to HuÌ„garie for Edward his nepheve surnamed Owtlavve sonne to kinge Edmunde called IroÌ„side after many yeares of his exile to retorne into EnglaÌ„de to the intente the saide Ovvtlavve shoulde inherite this realme which neverthelesse came not to effecte by reason the saide Ovvtlavve died before the saide kinge Edward his vncle After vvhose deathe the saide kinge appointed Eadger EtheliÌ„ge soÌ„ne of the saide Ovvtlavve beiÌ„ge his nexte cosen aÌ„d heire as he vvas of right to the crovvne of EnglaÌ„de And for that the saide Eadgar vvas then but of yoÌ„ge and reÌ„der yeares aÌ„d not able to take vpoÌ„ him so greate a gouernemente the saide kinge coÌ„mitted the protection asvvell of the yonge PriÌ„ce as also of the realme to Harold Earle of kente vntill suche time as the saide Eadger had obteined perfecte age to be able to Weilde the state of a kinge Aelred RhievaleÌ„s de regib Which Harolde neverthelesse coÌ„trarie to the truste supplaÌ„ted the saide yoÌ„ge Prince of the kingdome Anglor ad regem Henr. 2. aÌ„d putt the crovne vpoÌ„ his owe head By this yt ys apparante that forrain birthe was not accompted of before the time of the coÌ„queste a iuste cause to repell and reiecte any man beinge of the nexte proximitie in bloude from the title of the crowne And thowghe the saide kinge Edwarde the confessors will aÌ„d purpose toke not suche force aÌ„d effecte as he desidered and the lawe craued yet the like successioÌ„ toke place effectuouslie in kinge StepheÌ„ and kinge Henrie the seconde Kinge Stephen and k. H. 2. as we haue alredie declared Neither will the aduersaries shifte of forriners borne of father and mother which be not of the kinges alleageance helpe him For as muche as this clawse of the saide statute ys not to be applied to the kinges childreÌ„ The adâ—er saries seamed by imaginatioÌ„ that kinge HeÌ„ry the 2 shouldecome to the crowne by compositioÌ„ aÌ„d not by ê“ximitie of bloudâ— but to others as appearethe in the same statute And theis two kinges Stephen and Henrie the seconde as they vvere borne in a forraine place so theire fathers and mothers vvere not of the kinges alleageance but mere aliens and strangers And hovve fonde notoriouse a vaine thinge yt ys that the aduersarie vvolde persvvade vs that the saide kinge Henrie the secoÌ„de rather came in by force of a composition then by the proximitie and nearenes of bloude I leaue yt to everie man to consider that hath any manner of fealinge in the discourse of the stories of this realme The composition did procure him quietnes aÌ„d reste for the time vvith a good and suer hope of quiet aÌ„d peaceable entraÌ„ce also after the death of kinge StepheÌ„ And so yt follovved in * Rex Stepha nê° cuÌ„ hereâ—â— viduatuspÌ„ter solummodo duceÌ„ HenricuÌ„ recogâ—ouit in coÌ„ueÌ„tu â—piscopoâ—uÌ„ alioruÌ„ de regno optimatuÌ„ ê™ dux HeÌ„ ius hereditariuÌ„ in regnuÌ„ Angliae habebat dux benigne concâ—ssit vt Rex Stephanus tota vita sua suuÌ„regnuÌ„ pacifice possideret â—ta tameÌ„ coÌ„firmatuÌ„ est pactuÌ„ qd ipse rex ipsi tune pÌ„seÌ„tes cuÌ„ caeterisregni optimatibus iurareÌ„t qd dux H. post morteÌ„ regis 〈◊〉 superuiueret reguuÌ„ fine aliqua contradictione obtineret deede but there grevve to him no more right thereby theÌ„ was duë to him before for he was the trewe heire to the crowne as appearethe by Stephen his aduersaries ovvne confession Henrie the firste married his davvghter Mathildie to Henrie the Emperour by vvhom he had no children
common lawe and the actes of parliamente And thus maye you see gentle Reader that nothinge can be gathered eyther ovvte of the saide supposed generall rule or Maxime or of any other rule or principle of the lawe that by any good and reasonable construction can seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes of and to the crowne of this realme of Englande as ys aforesaide We are therefore nowe laste of all to consider Whether there be any statute or acte of parliamente that dothe seame either to take awaye or preiudice the title of thâ— saide Ladie Marie And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde beinge onlie a declaration of the common lavve we haue alredie sufficieÌ„tlie answered â–ª We will passe yt over and consider vpon the Statute of 28. 36. of kinge Henry the eight beinge the onlie shoteanker of all the adversaries Whether there be any matter therein conteined or dependinge vpon the same that can by any meanes destroyâ— or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande The statutes of kiÌ„ge H. 8. towchinge the succession of the crovvne Yt dothe appeare by the saide Statute of 28. of kinge HeÌ„rie the eight that there was aâ—cthorie geaven him by the same to declare limitte appointe and assigne the succession of the crowne by hys lettres patentes or by hys laste will signed with his owne hande Yt appearethe also by the foresaide Statute made 35. of the saide kinge that yt vvas by the same enacted that the crowne of this realme shoulde goe and be to the saide kinge and to the heires of his bodie lawfullie begotten that ys to saye vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife begotten and for defaulte of suche issewe then vnto the Ladie Marie his dawghter and to the heires of her bodie lawfullie begotten And for defaulte of suche issewe theÌ„ vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys and to the heires of her Maiesties Bodie Lawfullie begotten And for defaulte of suche issewe vnto suche person or ê‘sons in remaynder or reversioÌ„ as shoulde please our late Sovereigne Lorde kinge Henrie the eight and accordinge to suche estate and after suche manner order and coÌ„dition as shoulde be expressed declared named and limited in his highnes lettres patentes or by his laste will in vvritinge seigned vvith his owne hande By vertue of whiche saide acte of parliamente the aduersaries do alleage that the saide late kiÌ„ge HeÌ„rie the eight afterwarde by his laste will in writiÌ„ge signed with hys owne haÌ„de did ordaine and appointe that yf yt happen the saide Prince Edwarde Ladie Marye and Ladie Elizabethe to dye withowte issewe of theire bodies lavvfullie begotten then the crovvne of this realme of EnglaÌ„de shoulde goo and remayne vnto the heires of the bodie of the Ladie Fraunces his nece and the eldeste davvghter of the Franche Quene And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten And yf yt happened the saide Ladye Elenour to die withovvte issevve of her bodye lawfullie begotten to remaine and come to the next rightfull heires Wher vpon the aduesaries do inferre that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances and to theire heires accordinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight And not vnto the Ladie Marie Quene of Scottes that novve ys â—n aÌ„swere to the foreâ—ide statutes To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande And that therefore the saide vvill can not be any whitte pÌ„iudiciall to the saide Quene Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill yt ys replied by the aduersaries Firste that there vvere diuers copies of his vvill fovvnde signed with his owne hande The effecte of the aduersaries ArgumeÌ„tes for the exclusion of the Q. of Scots by a pÌ„tensed will of kin H. 8. or at the leaste wise enterlined and some for the moste ê‘te vvritteÌ„ withe his owne hande Owte of the vvhich yt ys likelie that the originall vvill coÌ„monlie called kinge Henrie the eightes will was taken aÌ„d fayer draweÌ„ owte Then that there be greate aÌ„d vehemeÌ„te presumptions that for the fatherlie loue that he bare to the common vvealthe and for the auoidinge of the vncertentie of the succession he vvell liked vpon and accepted the auctoritie geauen him by parliament and signed with his owne hande the saide originall vvill which had the saide limitation aÌ„d assignatioÌ„ of the crowne And theis presumptions are the more enforced for that he had no cause vvhie he shoulde beare any affectioÌ„ either to the saide Quene of ScotlaÌ„de or to the Ladie Lenneux And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children But to putt the matter quite owte of all ambiguitie and dowbte Yt appeare the they saye that there were eleuen witnesses purposelie calledd by the kinge Who were presente at the signinge of the saide will aÌ„d subscribed theire names to the same Yea the cheif lordes of the couÌ„saile were made aÌ„d appointed executours of the saide will And they aÌ„d other had greate legaties geaueÌ„ theÌ„ in the saide will vvhich vvere paide and other thinges coÌ„prised in the vvill accoÌ„plisshed accordinglie There passed also purchases aÌ„d lettres pateÌ„tes betwene kinge Edwarde and the executours of the saide vvill and others for the execution and performance of the same Finallie the saide testamente was recorded in the chauncerie Wherefore they affirme that there owght no manner of dowbte move any maÌ„ to the coÌ„trarie And that either we muste graunte this will to be signed vvith his haÌ„de or that he made no vvill at all Bothe muste be graÌ„ted or bothe denied Yf any will denye yt in case he be one of the vvitnesses he shall impugne his owne testimony Yf he be one of the executours he shall ouerthrowe the fowndation of all his doinges in ê“curinge the saide will to be inrolled and sett forthe vnder the greate seale And so by theyr dubblenes they shall make theÌ„ selues no mete witnesses Nowe a maÌ„ can not ligthlie imagine how any other besids theis two kiÌ„des of witnesses for some of theÌ„ aÌ„d of the executours were suche as were coÌ„tinually waytinge vpoÌ„ the kinges ê‘son maye impugne this will and proue that the kinge did not signe the same but yf anie suche impugne the saide will Yt vvolde be coÌ„sidered howe manye they are aÌ„d vvhat theire are And yt wil be verye harde to proue Negatiuam facto But yt ys euideÌ„te saye theye that there was neuer any
claime For by the sayde pretensed vvill yt ys limited that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour that the crovvne shall remayme and coÌ„me to the next rightfull heires But yf she shall be sayde to be a forrainer for the time for the induction of farther argumente Then what saye the adâ—saries to my Ladie LeÌ„noux borne at Herbotell in Englande and from thertene yeares of age browghtvppe also in EnglaÌ„d and coÌ„monlie taken and reputed aswell of the kinge and nobilitie as of other the lawfull neâ—e of the saide kinge Yea to turne nowe to the other sister of the kinge married to Charles Brandon Duke of Suff. and her children the Ladie Fraunces and the Ladye Elenour Whye are they also disherited Suerlie yf there be no iuste cause neither in the Ladye LeÌ„noux nor in the other yt seamethe the kinge hathe made a plaine donatiue of the crowne Which thinge vvhether he coulde do or vvhether yt be conformable to the expectation of the parliamente or for the kinges honour or for the honour of the realme I leaue yt to the further consideration of other Nowe what causes shoulde moue the kiÌ„ge to shutt them owte by his pretensed will from the title of the crowne I mynde not nor neade not especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne here to ê“psequute or examin Yet am I not ignorante what impedimeÌ„tes many do talke of aÌ„d some as well by priÌ„ted as vnpriÌ„ted bookes do write of Wherein I will not take vpon me any asseueratioÌ„ any resolution or iudgement Thys onlie will I propownde as yt were by the vvaye of coÌ„sideration dewly and deaplye to be wayed and thowght vpoÌ„ That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of ScotlaÌ„de and others altogether to the issewe of the Frenche Quene whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children as the aduersaries them selues coÌ„fesse he had not and that there was no lawfull impedimeÌ„te in them to take the successioÌ„ of the croune yt were any thinge reasonable or euer was ones mente of the parliamente that the kinge withowte cause shoulde disherite aÌ„d exclude them from the title of the crowne On the other side yf there were anye suche impedimente Wherof this surmised will geuethe owte a greate suspition yt ys to be considered whether yt standethe with reason and iustice vvith the honour of the kinge and the whole realme or vvith the mynde purpose and intente of the saide ê‘liamente that the kinge shoulde not onlie frustrate aÌ„d exclude suche l. fi pater ff quo in fraud credit l. filij famil ff de donat vvhose right by the coÌ„mon lavve ys moste evidente and notorious but call and substitute suche other l. 1. C. quae respign l. obligationem ff de pignot c. in general de regul iuris in 6. as by the same lavve are plainelie excluded In consideration wherof manie notable rules of the cyuill lavve do concurre Firste that whosover gevethe any man a generall aucthotitie to do any thinge In giuinge generall aucthority that seameth not to be coÌ„prised that the ê‘â—ie vvolde not haue graunted being specially demanded seamethe not to giue him aucthoritie to do that thinge which he vvolde not haue graunted yf his miÌ„de therein had bene severallie and speciallie asked and required Againe generall wordes eyther of the testatours or of suche as make any contracte I. promitteÌ„do cuÌ„ notat ibid. ff de iure dotium and speciallie of statutes towchinge any persons to do or enioye any thinge ovvght to be restrained and referred to hable I. quidam ff de verb. signific mete and capable persons onlie Yt ys further more a rule aÌ„d a principle I. vt gradat §. 1. de muner honor that statutes muste be ruled measured aÌ„d interpreted accordinge to the minde and directioÌ„ of the generall and coÌ„mon lawe Generall vvordes muste be referred to hable persons Wherefore the kinge in limitinge the successioÌ„ of the crovne in this sorte I. 2. Câ—de Nopal as ys praetended seamethe not to answere and satisfie the expectation of the parliamente puttinge the case there were any suche surmised impedimeÌ„t as also on the other syde likewyse yf there were no suche supposed impediment For here an other rule muste be regarded which ys that in testamentes contractes and namelie in statutes the generalitie of wordes muste be gentilie and cyvilie moderated aÌ„d mesured by the common lavve l. Fin § in coÌ„putatione C. de iurâ— de liber â—bi notat and restrained when so euer any man shoulde by that generalitie take any doÌ„mage and hurte vndeservinglie Yea the Statute shall rather in that case cease and quaile and be taken as voyde As for example yt appeareth by the ciuill lavve Alciat l. 1. verb. sig that yf yt be enacted by Statute in some cities that no man shall pleade againste an instrumente no not the executours Yet this not withstandinge yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour yf he deale feaithfullie and trewâ—ie rather then he shoulde vvrongfullye and with oute cause paye the testatours debte of his owne he maye come and pleade againste the instrumente Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances and Ladye Elenour or muche excessiue in theire childreÌ„ And so thowghe he had signed the sayde will with his hande yet the saide doinges seame not coÌ„formable to the mynde and purpose of the parliamente We vvill nowe goe forewarde and propownde other greate and graue considerations seruinge our saide purpose and inteÌ„te wherof one ys that in limitinge the crowne vnto the heires of the bodie of the Ladie FraÌ„ces the same Ladye then and so longe after liuinge the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable parliamente For as muche as the saide acte of parliamente gaue to him aucthoritie to limitt aÌ„d appointe the crowne to suche ê‘son or persons in reuersion or remainder as shoulde please his highnes meaninge therbye some person certaine of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes be intended For as muche as the saide Ladye Frances was then liuinge and therefore coulde then haue no heires at all By reason vvherof the people of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession 11 H. 4 fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente 19 H. 6 fol. 24. But to this matter some peraduenture vvolde seame to ansvvere and saye 11 H. 6 fol. 15. that althovvghe at the tyme of the saide
of this place ye have omitted Wherefore as this place servethe nothinge for any absolute electioÌ„ of a kinge the which you seame especiallie to regarde aÌ„d grownde your self vpoÌ„ so dothe yt as we have shewed as litle relieve you to prove thereby your conclusions especiallie againste the ordinarie succession either of a straÌ„ger or of a woman that ye wolde gather and coÌ„clude owte of the same Thus have we sufficientlie answered the place of Deuteronomie for this one purpose The other two aucthorities maye be muche more easelie answered The people mente nothinge else by theire sayde wordes spoken to David An anssvvere to the secoÌ„de of Samuel c. 5. but that they were of the seede of Abraham Isaac and Iacob as well as he and intended with trevve and sincere hartes vnfainedlie to agnyse him as theire cheif lorde aÌ„d Sovereigne For at that time the tribe of Iuda onlie wherof kinge Dauid came by liniall discente did acknowledge hym as kinge Novve the residevve which before helde vvith Saules sonne did also incorporate aÌ„d vnite them selues to the saide kingdome Yf this man loke well vpon the matter he shall finde I trowe that the Quene of Scottes maye aswell call her seâ—f the bones and fleshe of the noble Princes of Englande as this people call them selves the bones and fleshe of kinge Dauid But yet the greate terrible batteriÌ„ge caÌ„noÌ„ Athalia ys behiÌ„de She beinge in possessioÌ„ of the kiÌ„gdome seaueÌ„ yeares was iustlie thrust owte by cause she was an alien we maye then sayethe this man iustelye denye the Quene of Scottes before hande the right of that which yf she had in possession she coulde not iustelye enioye Yet Syr yf the Quene of Scottes be no alien as we have sayed then ys your cannon shotte more fearefull then dangerouse We denie not but that Athalia was lavvfullie deposed but we beseache you to tell vs your authours name that dothe assigne the cause to be suche as ye alleage Suerlie for my ê‘te after diligente searche I finde no suche authours Truthe yt ys that Iosephus writeth as ye do Iosep. Iud. antiq li. 9 c. 6. that she discended by the mothers side of the Tyrians and Sydonians yet never thelesse he assignethe no suche cause as ye do And as ye are in this your pretie poisoned pamflett the firste I trowe of all christian men I Will not excepte eyther latine or greke vnlesse yt be some fantastycall fonde and newe vpstarte Doctours as Maistre Knoxe or some the like neyther Iewe Chaldyan nor Arabyan that hathe thus strangelye glosed and deformed this place of the holie scripture againste the ordinarie succeffion of vvomen Princes so are you firste also A nevve fovnde aÌ„d mad inter pretation who ys an alieÌ„ made by the aduersarie of all either deuines or lawiers throughe owte the world that hathe sett forthe this newe fownde folishe lavve that the kinges childe muste be counted an AlieÌ„ vvhose father and mother are not of the same and one coÌ„trey Yf the Frenche or Spanishe kinge chance to marrye an Englishe vvoman or the kinge of Englande to marrie a freÌ„che a Spanishe or any other coÌ„trey woman theire children by this newe Lycurgus are Aliens aÌ„d so coÌ„sequentlie in all other nations all suche as haue bene shal be aliens by this your newe oracle For vvhat other cause shewe you that this Athalia was an alien but by cause her mother vvas an alien Genus ducens Iosep. li. 9. cap. 7. say you a Tyrijs Sidonijs coÌ„minge by liniall discente by the mothers side from the Tyrians and Sydonians Kinge Achas maried her mother dawghter to Ithoball kinge of the saide Tyrians and Sydonians This Athalia vvhom Iosephus callethe Gotholia Achas dawghter married Ioram kinge of Iuda her brother called also Ioram beynge kinge of Israël after the decease of his father Achas Athalia was no alieÌ„ amoÌ„ge the Iewes So then ye see that this Athalia vvas no more an aliâ—n amoÌ„ge the Iewes then kinge Edbaldus was the sonne of Bertha a Frenche womaÌ„ and of kinge Ethelbertus the firste christian kinge of the Englishe nation No more then vvas the noble kiÌ„ge Edward the thyrde borne of a Frenche vvoman No more then Quene Marie vvas No more then shoulde haue bene the issewe of the saide Quene Marie or our gratious Souereignes issewe shulde be in case she maried with any forren PriÌ„ce I ê‘ceaue that your fellowes that wolde faine make kinge Shephen and kinge Henrie the seconde and Arthure nephewe to kinge Richarde the firste aliens had but rude dull and grosse heades in comparisoÌ„ of your fine subtile and highe fetches Yf I shoulde nowe desire your patience not withstandinge the allegatioÌ„s of all your diuinitie to be conteÌ„te a while and towchinge this matter to hearken to the moste excellente ciuilian Vlpian thowghe he were an Ethnick ye wolde parchance make litle accompte of him and be angrye withe me for producinge a prophane witnes against you And yet trewlye in this I offerre neither to you nor yet to godes holye vvorde any iniurie in the vvorlde For Christe his highe and deuine doctrine dothe not subuerte nor impugne humane oâ— ciuill policie beynge not repugnaÌ„te to his expresse worde wyll Let vs then heare whoÌ„ the saide Vlpian maketh an Alien Who is an alieÌ„ by Vlpian whoÌ„ he definethe to be an Alien He ys a Campane sayethe this Vlpian that ys borne of father and mother beinge Campanes Yea yf his father be a Campane and his mother be a Puteolane yet ys the childe a citezin or burgesse of Campanie And then he shewethe farther that in some contreyes as amonge the Ilians the Delphians and them of Pontus the childe shal be cownted to be origiginallye of the mothers and not of the fathers contreye His wordes in latine as he wrote them are theis L. 1. ff ad muni c. 1. pec Qui ex duobus Campanis parentibus natus est Campanus est Sed si ex patre Campano matre Puteolana aequè municeps Campanus est nisi forte priuilegio aliquo materna origo censeatur tunc enim maternae originis erit municeps vtopte Iliensibus concessum est vt qui matre Iliensi est sit eorum municeps Etiam Delphis hoc idem tributum conseruatum est Celsus etiaÌ„ refert ponticis ex beneficio Pompeij Magni compepetere vt qui PoÌ„tica matre natus esset Poticus esset Whiche his sayenge ys directe against you for this your strange declaration of Alienigenâ— an alien Well yf neither the declaration of Vlpian nor yet the practise of the worlde most conformable also to reason nor any thinge else will satisfie you vnlesse yt be deriued and taken owte of holye scripture we are coÌ„tente to ioyne issewe with you aÌ„d to be tried by the same onlye Matt. 1. Iosue 6. Christe came liniallie of Booz whoÌ„ SalmoÌ„ begatt of Raab as the moste coÌ„mon opinion of writers ys that
senteÌ„ce as well in publike as in priuate causes Wâ—meÌ„s regiment in Spaine PortiÌ„gale â–ª Burgundie aÌ„d Flaunders Irmelgardis daughter of Conrade Duke of FraÌ„con Whose gouernement was also prosperouse happie and fortunate More ouer yt appeareth that the IllyriaÌ„s and Slauons were ruled by Quene Teuca what shall I speake of Spaine and Portugale of the Dukedome of BurguÌ„dye aÌ„d of the Erledome of Flaunders and of other partes of lower Germanie Conrade the Duke of FraÌ„conye and LaÌ„rgraue of Hesse vvas made countye Palatine of Rhene and Duke of LorraÌ„ne by the inheritance of his wife Irmelgardis Monster Cosâ— vniuersal li. 3. pag. 620. He had but one daughter who was maried to CoÌ„rade duke of Sueuia whereby he was made comtye Palatine of Rhene Agnes vvife to HeÌ„ry duke of Saxonie This Conrade had a dawâ—hter called Agnes maried to HeÌ„rie Duke of Saxonie and Limâ—burge who thereby enioyed the countie Palatine The like maye be sayed of diuers other partes of the Germanicall Empire Agenes wif to Henrie the 3. Emperour Yea a vvoman hathe ruled and gouerned the saide vvhole Empire as yt ys euideÌ„te in Agnes the vvif of the Emperour Henrie the thirde duringe the time of the minoritie of her sonne HeÌ„rie the fowrthe And yet the same Empire Paul Aemil lib. 3. ye wote well passeth by choise and election and not by liniall succession of bloude Chari li. 3. Yea manye hundrethe yeares ere she was borne and in the floreshinge time of the olde Romaine Empire Fulgo l. 8. cap 16. de dict fac memor Mesa Varia graÌ„dmother to the Emperours Heliogabalus and AlexaÌ„der Seuerus sat with the senate at Rome hearde and examined the vveightie causes of the Empire Crana noah daughter and sett her hand also to suche thinges as passed towchinge the publike affaires I do nowe adioine the kingdome of Sicilie Beros li. 5. Lâ—uâ— lib. 1. Dec. 1. and Naples in Italye of the vvhich I talye Noah vvhome the prophaâ—e vvriters call Ianus made Crana his dawghter rulâ—r aÌ„d Quene Aene. Sylui de Asia ca. 20. Where also Lauinia reigned after the deathe of Aeneas And as for Naples this presidente of vvomanlye gouernemeÌ„te ys not to be fownde there onlye of later yeares in bothe the Quenes called Iohanne Quene of Naples Amalacintha but eauen from verye Auncient time Which thinge the stories do recorde in Amalasyntha that gouerned after kinge Theodoricus with her sonne Athalaricê° Cronic Palmerij H. contracti MuÌ„st vniuers Cosmo. lib 4. The saide Amalasyntha vvas mother to Almaricus kinge of Spaine and after his death ruled her self the saide realme WomeÌ„s regiment in Loraine aÌ„d Mantua Lett vs nowe adde further the Dukedomes of Lorane Mantua the kiÌ„gdomes of Swethia Aeneas Siluiê° in desc Asiâ— c. 10. Hector Boet l. 1. Hâ— Sco. Vide la Geneal des Rois de FraÌ„c impr Paris 1561 in Carolo Magno of Dania and of Noruegia In the kiÌ„gdome of Svvethia Dania and Norwegia Boeame Hungarie and Scotlande Wherof Margarett the dawghter of waldemaâ—us was gouernesâ—e and Quene The kingdomes of Beame of Hungarie And to drawe nerer home the realme also of ScotlaÌ„de vvhich realme hathe denomination of a woman as theire stories reporte as hathe likewise FlauÌ„ders The like some of our stories reporte of EnglaÌ„de wherein I will make no fast foringe Now touchiÌ„ge the feminine successioÌ„ to the right of the croune of EnglaÌ„d Englande it ys no newe fownde succession and muche lesse vnnaturall We reade in our cronicles of Quene Cordell the thirde heire davghter of kinge Leire the tenthe kinge of Britannie that restored her father to the kiÌ„gdome beinge deposed by her tvvo other sisters We reade that abowte three hundred fiftie and fiue yeares before the Natiuitie of Christe Martia ê“ba Martiae proba duringe the nonage of her sonne did gouerne this realme full politikelye and vviseâ—ye HeleÌ„a mother to CoÌ„staÌ„tine the greate and established certaine lavves called Leges Martianae There be aswel of our owne as of externall historiographers that for a moste certaintye affirme that Helena the noble Constantine his mother vvas a Britane Onuph de Rom. priÌ„c Eusâ—bi de vita CoÌ„staÌ„ lâ— 1. and the onlye dawghter and heire of Coëlus kinge of Britane and that the saide constantine was borne in Britanie suerlye that his father Constantinus died in Britanye at yorke Eutropius and that the saide Constantinus begane his noble victoriouse race of his moste worthie Empire in Britanye yt ys reported by Aunciente vvriters and of greate faythe and creditt And likevvise that longe before the saide Helens time vvomen bare the greateste svvaye Britanes had vvomen for theire Capitaines in vvarfare Voadicâ— Amonge other Coâ—nâ—lius Tacitus writethe thus His atque alijs inuicem instructi Voadica generis regij foemina duce neque enim sexum in imperijs discernunt sumpsere vniuersi bellum In vita Agricolae We have nowe alredie shevved of Henrie the seconde Henry the secoÌ„dâ— kinge by hys mothers right who obteined the crowne by hys mothers right Which sayde kinge by the title of his wife and after him his successours kinges of Englande did enioye the Dukedome of Aquitania and the ErldoÌ„e of Poyctieres Vide AlliaÌ„t geneal claud paradini 1561. as the saide kiÌ„ges successours shoulde haue done also as we haue shewed before the Dukedome of Britanye yf Arthure kinge Richardes nephevve had not by the vsurpinge of kinge Iohan his vnnaturall crueltye died withovvte issewe And by what other right then by the womans inheritance devve to kinge Edwarde the thirde by his mother the FreÌ„che kinges Davvghter do the kinges of this realme beare the Armes and title of the kinges of France The Frenche men make not vvomens regiment vnnaturall And thovvghe the french men thâ—nâ—ke theire parte the better against vs yt ys not but vppon an olde politike lawe of theire owne as they saye aÌ„d not vpon anye suche fonde grovvnde as ye pretende that womens regiment ys vnnaturall Which regimente ye stowtelie affirme to be farre a sonder from any naturall regimente Yea trewlie as farre as was the boyes head from the shovlders the laste Bartholomewe fayre at London Which manie a poore sowle did beleave to be trewe For as the boyes head remained still vpon hys necke and shoulders thowghe yt seamed by a light livelie Legerdemayne to be a greate waye froÌ„ the bodie So wolde ye nowe caste a myste before our eies and make vs beleave that womanlie governemente and nature be so deuided aÌ„d sondred that they maye in no wâ—se be linked aÌ„d cowpled to gether But suerlie the Frenche nation was never so vnwise to thincke this kinde of governemente repugnante to nature or to godes hâ—lie worde for then they wolde never have suffered theire realme to have bene so often governed and ruled by women in the time of the Nonage or absence of theire kinges as by
Zachar 7. Modestinus vvritethe thus Matth. 18. Tres fratres 2. Thess. 3. Titius Menius Seia 1. loan 2. Paulus also Lucius Titia fratres QuesituÌ„ est aÌ„ quod heredes fratribê° rogati essent restitute etiaÌ„ ad sorores pettineret respoÌ„dit ê‘tinere nisi aliud sensisse testatoreÌ„ probetur dicta leg lucius §. quaesituÌ„ leg Tert. Sceuola sayethe the bequestes made by the testatour fratribus to his bretherne shal be beneficiall to his sisters also vnlesse yt maye be proued that the testatourmente othervvise Novve vvhen the holye scripture saiethe thovve shalte not hate thy brother Thovve shalt not lende vpon vsurie to thye brother Lett euerye man vse his brother mercifullye yf thye brother trespasse againste thee forgeue him with drawe your selues from euery brother vvalkinge disorderlye He that hatethe his brother ys in Darkenes vvith a nomber of like suite Shall vve inferre ther vppon that vve maye hate our sister that vve maye oppresse our sister vvith vsurye that vve maye vse our sister as vnmercifullye as vve vvill vvith owte any remorse of conscience and are not bownde to forgeue her nor to eschewe her companie beinge excommunicated or a notoriouse offendour Neither this worde brother excludethe a sister nor this worde Kinge a Quene by any scripture Wherefore neither this vvorde brother excludethe a sister nor this vvorde kinge in scripture excludethe a Quene In the greke tongue one vvorde representethe bothe brâ—ther and sister sauinge that there ys a difference of gender 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after the same rate the wordes kinge and Quene are knitt vppe in both one ansvell in the greke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in the hebrewe Melech and Malcha iÌ„ the FreÌ„che Roy Royne aÌ„d froÌ„ this the latin toÌ„gue Rex Regina dothe not farre disagree Seinge then by interpretatation this worde brother conteinethe the worde sister also in scripture aÌ„d the worde kinge by propertie of one and thâ— same voice and signification expressethe the Quene bothe in scripture in other toÌ„ges whye shulde we not aswell communicate to women the dignitie apperteyninge to the name and resembled by the same as the name yt self For eaven in this our owne coÌ„trey albe yt the names of the kinge and of the Quene do vtterlie varye one from the other and also the aunciente statutes of the realme do not onelie attribute and referre all praerogatiue and praeeminence power and Iurisdiction vnto the name of a kinge but do geve also assigne and appointe the correction and punishemente of all offendours againste the realme dignitie of the crowne and the lawes of the realme vnto the kinge Yet are all manner of the foresaide iurisdictions and other praerogatiues and ovvght to be as fullie as wholie aÌ„d as absolute lie in the Prince female as in the male Anno Marie 1. ca. 2. and so was yt ever deamed iudged aÌ„d accepted before the statute made for the farther declaration in that pointe The like we saye of bothe the foresaide wordes Brother and Rex vsed in this place of scripture wherof yf there do yet remaine any scruple or dowbte to anye man for the avoidinge and cleare extinguissinge of the same we will referre the Reader to the noble civiliaÌ„ Paulus l. fin ff de legibus to the rule before by vs towched Si de interpretatione legis quaeratur The lâ—vës never interpreted this vvorde after the sorteas the aduersarie doth in primis inspiciendum est quo iure ciuâ—â—as reâ—ro in eiusmodi câ—sibus vsa fuit optima enim legum interpres consuetudo Yt ys for vs then to consider whether in Iudaea and Hierusalem women have at anye time bene the chief rulers and governesses And whether the Ievves ever interpreted this place after the meaninge and sence of this man Vide dictas AlliaÌ„ce Cl. paradini Suerlie at suche time as christian meÌ„ bare rule at Hierusalem we knowe well there was no suche interpretation For amoÌ„ge other Fulke the comte of Aniowe Fulke other KiÌ„ges of HierusaleÌ„ by their wiues right SaloÌ„ Herodes sister a gouernesse in Iudea who lefte his saide countie to Geffrey his sonne father to Henrie the seconde by the Empresse Maude and wente to Hierusalem to kinge Baldewin the seconde and there maried Meliâ—ende hys dawghter aÌ„d heire was afterwardes by his wiues title kinge of Hierusalem Salome Herodes sister was made governesse by Augustus Caesar of Iamnia AzotuÌ„ Phasalidea and Ascolania Ioseph lib. Ant. Iudic. 17. c. 13 which thiÌ„ge ys a good prouf that the Romaines thovvght yt not vnnaturall as ye thincke for a woman to enioie ciuill gouernemente The wiues of Ioannes Aristobulê° aÌ„d Alex. gouerned the leves I might here adde the wives of Iohannes of Aristobulus and of AlexaÌ„der who gouerned aÌ„d ruled the saide Iewes after the deathe of theire husbandes with suche other vvhich stories thovvghe they be not in scripture Ioseph li. 1â— c. 19. 20 Egesip de excid yet are they autheÌ„ticall and of good creditt And yet are vve not altogether vnfurnished of a scripturelie example but rather vve are so furnisshed that God Hier. lib. 1. cap. 12. as longe before foreseinge that there shulde come suche vnnaturall cauillinge quarrellers against hys creature and prouidence and against theire ovvne naturall Princes hathe as yt were all at ons mett vvith them and ansvvered to all suche calumniouse cauillinge of yours and suche other as ye shall by and by vnderstande A woman pardie A womaÌ„ the Image of God as vvell as man yf we beleue you must not kepe the state and honour of a Prince and Quene and whie so I praye your Was not she created to the Image of God as vvell as man And dothe nor she represeÌ„te the maiestie of God Dyd not God blesse them bothe Gen. 1. 3. Did not God bid them rule over the fishe of the sea ouer the fovle of heauen and over everye beaste that moueth vpon the earthe But what thinge meane ye by the Image of god Ephe. 4. Meane you as saiÌ„te Paule seameth to meane That man was created in rightuousnes and trevve holynes This ys trewe also in the woman Some thyncke that the Image of god representeh the blessed Trinitie which ys as suche an hyghe thynge maye be some what resembled by memorie by will and by vnderstandinge Which are in women as well as in men What thinge ys there that reason wytt and vnderstandinge maye reatche to that woman hathe not Vvomen learned or maye not atchieve aÌ„d attayne For learniÌ„ge there haue bene manye women exacthe learned in Musicke Astronomye Clem. Ale Stromat li. 1. Plato in Menexemo Phylosophye Oratorye Physyke in Poëtrye in lavve aÌ„d Deuinitye Atossa the Quene of the Persyans of whom we haue spoken before was the firste that inuented the manner of writinge of epistoles Socrates iÌ„ Symposio Platonis Aspasia was schole maistresse to that