bereaue vs of the present Gouernour the hartes and iudgementes of men being no better nor more firmely setled and fixed towards the expectation of a certaine succession then they seme now to be then wo and alas it yrketh my verie harte euen onse to thincke vpon the imminente and almost the ineuitable daunger of this our noble Realme beinge like to be ouerwhelmed with the raging and roring waues of mutual discorde and to be consumed with the terrible fier of ciuil discētion The feare whereof is the more by reason already in these later yeares some flames thereof haue sparkled and flusshed abrode and some parte of the rage of the sayd fluddes haue already beaten vpō the bankes I meane the hot contention that hath bene therein in so many places and among so many persons of bookes also that haue bene spread abrode and daily are spread being framed affectionately and sounding according to the sinister opinion of euery mans priuate appetite Seing therefore that there is iust cause of feare and of great danger likely to happen by this varietie of mens iudgementes so diuersely affected as wel of meane men as of greate personages I take it the parte of euery true Englishman to labour ad trauaile eche man for his possibilitie and for suche talente as God hath geuen him to helpe in conuenient tyme for the preuenting of the imminent daunger We knowe what wit what policie what paines what charges menne imploie to prouide that the Temmes or sea doo not ouerflowe such places as be moste subiecte to daunger We knowe what politike prouision is made in many good Cities and townes both to foresee that by negligence there ryse no dangerouse fiers and yf they chaunce with al diligence to represse the rage thereof Wherein among other his prudente dooinges Augustus the Emperour is commended for appointing at Rome seuen companies ordinarily to watche the Citie for the purpose aforesaide Wherevnto he was enduced by reason the Citie was in one daye in seuen seuerall places sette on fier And shal not we euery man for his his parte and vocation haue a vigilant care and respecte to the extinguishement of this fier already sprong out that may if the matter be not wisely foreseen destroie subuert and consume not one Citie onely but importe an vniuersall calamitie and destruction Which to represse one ready and good way seemeth vnto me if men may knowe and be throughly persuaded in what person the right of the succession of the Croune of this our Realme doth stande and remaine For now many men through ignorance of the said Right and Title and also the same being depraued by certaine sinister persuasions in some bookes wherevnto they haue to lightly geuen creditte be caried away from the right opinion and good hart that they otherwise would and should haue The whiche kind of men I doo hartely wishe from their said corrupte iudgemente to be reuoked and shal in this Treatise doo my beste indeuour to remoue not presuming vpon my self that I am any thing better able then others this to do for I knowe my owne infirmitie but being glad and willing to impart vnto others such motiues as vpon the reading of such bookes which of late haue ben set forth by the Aduersaries and after the diligent weying of diuers argumentes to the contrarie seeme vnto me sufficient to satisfie any honest and indifferent man that is not obstinately bent to his owne wilfull affections or to some other sinister meaning and dealing We say then and affirme that the right Heire and Successour apparent vnto the Croune of this Realme of England is at this time such a one as for the excellent giftes of God and nature in her most princely appearing is worthie to inherit either this noble Realm or any other be it of much more dignitie and worthines But nowe I claime nothing for the worthines of the person whiche God forbid should be any thing preiudiciall to the iuste title of others Yf most open and manifeste right iustice and title do not concurre with the worthines of the person then let the praise and worthines remaine where it is and the right where God and the lawe hath placed it But seing God Nature and the law doth call the person to this expectation whose interest and claime I do now prosequute I meane the right excellēt Ladie Ladie Marie Queene of Scotlande I hope that when her right and iuste title shal be throughly heard and cōsidered by the indifferent Reader if he be persuaded already for her right he shal be more firmely setled in his true and good opinion and that the other parties being of a contrarie minde shall finde good causes and groundes to remoue them from the fame and to geue ouer and yelde to the truthe Her Graces Title then as it is moste open and euidente so it is moste conformable to the lawe of God of Nature and of this Realme And cōsequently in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Roial blood She is a Kinges and a Queenes daughter her selfe a Queene daughter to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to our late Soueraigne Kyng Henrie the Eight Whose daughter also the Ladie Lenoux is but by a later husbande the Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Elenour late wife to the Earle of Cumberlande and their Progenie proceedeth from the Ladie Marie Dowager of France yongest Sister of the said King Henrie late wife to Charles Brandon Duke of Suffolke I might here fetche foorth olde farne dayes I might reache backe to the noble and worthie Kinges long before the Conquest of whose Roial blood she is descended Whiche is no parte of our purpose neither doth enforce her Title more then to prooue her no stranger within this Realme But the Argumentes and prouffes which we meane to alleage and bring forth for the confirmation of her right and Title in Succession as Heire apparent to the Croune of England are gathered and groūded vpon the lawes of God and nature and not only receaued in the Ciuill policies of other nations but also in the olde lawes and Customes of our owne Countrey by reason approued and by vsage and long continuance of time obserued from the first constitution of this Realme in politicall order vnto this present day And yet for al that hath it bene and yet is by some men attempted artificially to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the said iust title the which they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And albe it it were inough for vs our cause being so firmely and suerly establisshed vppon al
only Of the like weight is his other coÌ„sideration imaginiÌ„g and surmising this statute to be made bicause the King had so many occasioÌ„s to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takeÌ„ as a declaratioÌ„ of the coÌ„mon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother EdmuÌ„d Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine ViolaÌ„t daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid couÌ„treies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womeÌ„ might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this maÌ„ swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters whereâ—oeuer they be borne Al the doubt was for other persons as appeareth euideÌ„tly by the tenour of the statute whether by the coÌ„mon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driueÌ„ to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childreÌ„ and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin coÌ„prised so vpoÌ„ these FreÌ„ch wordes Les enfants de Roy he noteth in the MargeÌ„t The Kings childreÌ„ but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takeÌ„ strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritaÌ„ce and not for the Cround as most men take it and as it may be as we haue said very wel takeÌ„ and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childreÌ„ the Croune also is meant yet neither may we enforce the rule of foraine borne vpoÌ„ the kings children which are by theâ—presse wordes of the statute excepted neither enforce the word Inâ—â—â—s to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the coÌ„trarie seing that the right of the Croune falling vpoÌ„ them they may wel be called the kings ChildreÌ„ or at the lest the childreÌ„ of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expouÌ„ded of the same the said Queene is out of the reach and coÌ„passe of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England
nature in himself who delights to make all his iourneis in such sullē solitary sort therfore belike an ill companion to liue withall in any felovvship Then yt shewes his extreeme want of abilitie to defray the expence of woeng in a bountiful shew sitting such a prince as cōmeth to obtein out Queen This his secrete comming departing discouers a mistrustfulnes in him towards our people and therefore no loue which must needs come frō his own ill consci ence of fearing french measure in England for on our part the Lord be thanked we haue not committed such villenies all men deeme him vnworthy to speed who comes in a net as though he were loath to auow his errand Some men may think he is ashamed to shevv his face but I think verely that he meanes not sincerely who loues not light wil not com abroade The last noble princely gentlemā that went out of Englād to vvin a Queen in france gaue trial shew of vvisdome manhod behauiour and personage by open cōuersatiō performing al maner of knightly excercises which makes vs in England to find very strange this vnmanlike vnprincelike secrete fearful suspitious disdainful needy french kind of woeng in Monsieur we can not chuse but by the same stil as by all the other former demonstratife remonstrāces conclude that thys french mariage is the streightest line that can be dravvne frō Rome to the vtter ruine of our church the very rightest perpendicular downfal that can be imagined frō the point france to our English state fetching in vvithin one circle of lamentable fall the royal estate of our noble Queen of hir person nobility and commons vvhose Christian honorable healthful ioyful peaceful and long souereigne raigne without all superior ouerruling commander especially french namely Monsieur the king of kings hold on to his glory and hyr assurance of true glory in that other kingdom of heauen Amen Amen Amen A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England Made by Morgan Philippes Bachelar of Diuinitie assisted vvith the aduise of Antonie Broune Knight one of the Iustices of the Common Place An. 1567. LEODII Apud Gualterum Morberium 1571. A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England The Second Booke THE great prouidence good Reader of the eternal God who of nothing created all thinges did not only create the same by his ineffable power but by the same power gaue a special gifte and grace also to euery liuing thing to continue to renewe and to preserue eche his owne kinde But in this consideration the condition of man among and aboue al earthly thinges hath his pearelesse prerogatiue of wit and reason wherewith he only is of God gratiously endewed and adorned by the which he doth prouide not only for his presente necessitie and sauegard as do also naturally after their sorte al beastes and al other liuing thinges voide of reason but also by the pregnancie of wit and reasonable discourse doth long afore forsee the dangerous perils that many yeres after may happen either to himself or to his Countrey and then by diligence and careful prouision doth inuent apte and mete remedies for the eschewing of suche mischieffes as might outragiously afterwarde occurre And the greater the feare is of greater mischief the greater the deper and the speedier care is wont to be taken to preuent and cut of the the same It is also most certaine by the confession of al the world that this care is principally dew by eche man that hath opportunitie to do good therin to his Prince his Countrey and to the common Weale and good quiet of the Countrey for the continuance and happie preseruation of the same To the preseruation whereof as there are many partes and branches belonging so one principal part is for Subiectes louingly and reuerently to honour dreade and obediently to serue their Souereigne that chaunceth presently to rule and gouerne The next to foreknow to whome they should beare their allegeance after the deceasse of their foresaid Prince and Gouernour Which being once certaine and assuredly knowen as it procureth when the time requireth readie and seruiceable obedience with the great comfort and vniuersal reast and quietnes of the Subiectes so where for the said Successour there is among them discord and diuersitie of iudgementes the matter groweth to faction and from faction to plaine hostilitie and from hostilitie to the daunger of many mens liues and many times to the vtter subuersion of the whole state For the better auoiding of suche and the like inconueniences albeit at the beginninge Princes reigned not by descente of blood and succession but by choyce and election of the worthieste the worlde was for the moste parte constrained to repudiate election and so often times for the better and the worthier to take a certain issue and ofspringe of some one onely persone though otherwise perchaunce not so mete Which defecte is so supplied partely by the great benefit of the vniuersal rest and quietnes that the people enioy thereby and partly by the graue and sage Counsaylours to Princes that the whole worlde in a manner these many thousand yeares hath embraced succession by blood rather then election And politike Princes whiche haue had no children of their owne to succede them haue had euer a special care and foresight thereof for auoiding of ciuil discention So that the people might alwaies knowe the true and certaine Heire apparent chiefly where there appeared any likelyhod of varietie of opinions or faction to ensewe about the true and lawful succession in gouernement This care and foresight doth manifestly appeare to haue bene not onely in many Princes of foraine Countreies but also of this Realme as wel before the tyme of the Conqueste as also after namely in Kinge Edwarde the Confessour in declaring and appointing Eadgare Atheling his nephewes sonne his heire as also in King Richard the first who before he interprised his Iourney to Hierusalem where for his chiualrie he atchiued high honour declared by consent of his Nobilitie and Cōmous Arthur sonne of his brother Duke of Britaine his next heire in succession of the Crowne Of the whiche Arthur as also of the said Eadgare Atheling we wil speake more hereafter This care also had King Richard the second what time by authoritie of Parlament he declared the Lorde Edmond Mortymer that maried Philippe dawghter and heire to his Vncle Leonel Duke of Clarence heire apparente And to descende to later times our late Noble Souereigne King Henry the eyght shewed as it is knowen his prudente and zealous care in this behalf before his last noble voiage into Fraunce And now if God should as we be al as wel Princes as others subiect to mortall chaunces once
those bookes And yet ye are not ashamed to note them as sufficient authorities for the maintenance of your euil purpose and intēt But as ye would seeme to vnderstand that your rule of dishabilitie is a general Maxime of the law so me thinketh ye should not be ignorant that it is also as general yea a more general rule and Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the King or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is your sayd supposed Maxime and yet neither the King nor the Croune is by any of them bound As for example it is very plaine that the rule of the Tenante by the Curtesie is general without any exception at al. And yet the same bindeth not the Croune neither doth extende to geue any benefitte to him that shal marie the Queene of England As it was plainely agreed by all the lawiers of this Realme when King Philippe was married vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philippe and Queene Marie and of al the states of this realme it was enacted that King Philip should not claime any Tytle to be Tenaunt by the Curtesie It is also a general rule that if a man dye seased of any landes in Fee simple without issue male hauing diuerse daughters the lande shall be equally diuided amonge the daughters Which rule the learned men in the lawes of this Realme agreed vpō in the lyfe of the late noble Prince Edwarde and also euery reasonable mā knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth al as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed and haue the thirde parte of the best possessions of her husband And yet it is very clere that any Queene shal not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3.9 28. H. 6. and diuers other bookes Bysides that the rule of Possessio fratris beinge generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shal succede and not the sister of the whole blood as may appeare by Iustice Moile as may be proued by King Etheldred brother and successor to King Edward the Martyr and by King Edwarde the Confessour brother to King Edmunde and diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister who both in al recordes of our lawe wherein their seueral rightes and titles to the Croune are pleaded as by daily experience aswell in the Exchequer as also in all other Courtes is manifest doe make their conueiance as heires in blood th' one to the other which if they were cōmon or priuate persons they could not be allowed in lawe they as is wel knowen being of the halfe blood one to the other that is to wit begotten of one father but borne of sundrie mothers It is also a general rule in the lawe that the executour shal haue the good and Chattles of the testatour and not the heire And yet is it otherwise in the case of the Croune For there the successour shal haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente Whiche rule although it be general yet it extendeth not to the discente or succession of the Croune although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Richarde Duke of Yorke and King Edward his son and also of King Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto Edwarde the fourth nor vnto Henry the seuenth to receaue the Croune by lawful succession But to this you would seeme to answere in your said booke saying that Hēry the seuenth notwithstanding his Attainder came to the Croune as caste vpon him by the order of the lawe forasmuch that when the Croune was caste vpon him that dishabilitie ceassed Wherein ye confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful succession then must ye say that he was not lawful King but an vsurper And therfore in confessing Henry the seuenth to be a lawful King and that the Croune was lawfully caste vppon him ye confesse directly thereby that before he was Kinge in possession there was no dishabilitie in him to take the Croune by lawful successiō his said Attainder notwithstanding which is as much as I would wish you to graunt But in conclusion vnderstanding your self that this your reason can not mainteine your intente you goe about an other way to helpe your self making a difference in the lawe betwene the case of Attainder and the case of foraine byrth out of the Kinges allogeāce saying that in the case of the Attainder neessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise ye say the Croune shall not descende to any But vpon the birth out of the Kinges allegance ye say it is otherwise And for proufe therof ye put a case of I.S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I.S. his father and after I.S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had ben ye say if A. had ben borne beyond the sea I. S. breaking his allegeāce to the King and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now ye say B. shal inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in your case of I.S. the lande did then peraduenture there had bene some affinitie betwene your said case and the case of the Croune But there is no such matter Bysides that ye muste consider that the King cometh to the Croune not onely by descente but also and chiefly by succession as vnto a corporation And therefore ye might easely haue sene a difference in your cases betwene the Kinges Maiestie and I.S. a subiecte And also betwene landes holden of a Lorde aboue and the Croune holden of no earthly Lorde but
and intent of the said law Now in case these two causes and cōsiderations wil not satisfie th Aduersarie we wil adioine therevnto a third which he shal neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward We stand vpon the interpretation of the cōmon law recited and declared by the said statute And how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the lawe is custome But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and such as were plainely borne out of the Kings allegeance The soresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other King Edward the Confessour being destitute of a lawful Heire within the Realme sent into Hūgary for Edward his Nephew surnamed Outlaw son to King Edmūd called Irōside after many yeres of his exile to returne into Englād to th' intent the said Outlaw should inherite this Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the said king Edward his Vncle. After whose death the said king apointed Eadgar Etheling sonne of the said Outlaw being his next cosen and heire as he was of right to the Croune of Englād And for that the said Eadgar was but of yong and tender yeares and not able to take vpō him so great a gouernement the said king cōmitted the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to weld the state of a King Which Harold neuerthelesse cōtrary to the trust supplanted the said yong Prince of the Kingdome and put the Croune vpon his own head By this it is apparent that foraine birth was not accōpted of before the time of the Cōquest a iust cause to repel and reiect any man being of the next proximitie in blood frō the Title of the Croune And though the said king Edward the Cōfessors wil and purpose toke no such force and effect as he desired and the law craued yet the like succession toke place effectuously in king Stephen and king Hēry the secōd as we haue already declared Neither wil th' Aduersaries shift of foramers borne of father and mother which be not of the kings alegeāce help him forasmuch as this clause of the said statut is not to be applied to the kings childrē but to others as appeareth in the same statute And these two kings Stephē and Henrie the 2. as they were borne in a forain place so their fathers and mothers wer not of the kings allegeāce but mere Aliens and strāgers And how notorious a vaine thing is it that th' Aduersarie would perswade vs that the said K. Henrie the secōd rather came in by force of a cōposition then by the proximitie and nearenes of blood I leaue it to euery man to cōsider that hath any maner of feling in the discours of the stories of this realm The cōpositiō did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right therby then was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no childrē And no dout in case she had had any children by th'Emperour they should haue ben heires by succession to the Croune of England After whose death she retourned to her father yet did King Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and after her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat of her this Henry the second being in France Whervpon the said King did reuiue and renue the like othe of allegeāce aswel to her as to her sonne after her With the like false persuasiō the Adueruersarie abuseth him selfe and his Reader touching Arthur Duke of Britanie Nephew to King Richard the first As though forsooth he were iustly excluded by Kinge Iohn his vncle by cause he was a forainer borne If he had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of this Realme as may wel appeare among other thinges by King Richard the second who succeded his grādfather king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chalenge their title and interest yet should he haue had some countenance of reason and probabilitie bicause many arguments and the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdom a sufficiēt barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a most vnsure and false ground seeing it is moste true that King Richard the first as we haue said declared the said Arthur borne in Britanie and not son of a King but his brother Geffreys sonne Duke of Britanie heire apparent his vncle Iohn yet liuing And for such a one is he taken in al our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other then for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away For the which facte the French King seased vpon al the goodly Coūtries in France belonging to the King of England as forfeited to him being the chiefe Lorde By this outragious deede of King Iohn we lost Normandie withall and our possibilitie to the inheritance of all Britanie the right and Title to the said Britanie being dewe to the said Arthur and his heires by the right of his mother Constance And though the said king Iohn by the practise and ambition of Quene Elenour his mother and by the special procurement of Huberte then Archebishop of Caunterburie and of some other factious persons in Englād preuēted the said Arthur his nephew as it was easy for him to do hauing gotten into his handes al his brother Richardes treasure by sides many other rentes then in England and the said Arthur being an infante
and remaining beyond the sea in the custody of the said Constance yet of this fact being against al Iustice aswel the said Archbishop as also many of th' other did after most earnestly repent considering the cruel and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himself Which most foul aÌ„d shamful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had beÌ„ barred to inherit the Croune of England And much lesse to haue imprisoned that most innocent Ladie Elenor sister to the said Arthur in Bristow Castle wher she miserably ended her life if that gay Maxime would haue serued to haue excluded these two childreÌ„ bicause thei wer straÌ„gers borne in the partes beyond the seas Yea it appeareth in other doings also of the said time and by the storie of the said Iohn that the birth out of the legeaÌ„ce of England by father aÌ„d mother foram was not takeÌ„ for a sufficieÌ„t repulse and reiectioÌ„ to the right and title of the Croune For the BaroÌ„s of EnglaÌ„d being then at dissension with the said King Iohn and renouÌ„cing their allegeance to him receaued Lewis the eldest sonne of Philip the FreÌ„ch king to be their King in the right of Blanch his wife whiche was a stranger borne albe it the lawful Neece of the said Richard and daughter to Alphonse king of Caâ—til begotten on the bodie of Elenour his wife one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn Which storie I alleage only to this purpose thereby to gather the opinion of the time that foraine birth was then thought no barre in the Title of the Croune For otherwise how could Lewis of FraÌ„ce preteÌ„d title to the Croune in the right of the said Bblach his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatioÌ„s or otherwise worse depraued for a good sure and substantial interpretation of the coÌ„mon law And it were not altogether from the purpose here to consider and weigh with what and how greuous plagues this Realme hath bene oft afflicted and scourged by reason of wrongful and vsurped titles I wil not reuiue by odious rehearsal the greatenes and number of the same plagues as wel otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remeÌ„brance extinct and buried I wil now put the gentle Reader in remembrance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncieÌ„t what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monumeÌ„ts of our Historiographers do plainly testifie was the true and lawful Heire Could he thinke you enioy his ambitious and naughty vsurping one whole entier yere No surely ere the first yeare of his vsurped reigne turned about he was spoiled and turned out both of Croune and his life withal Yea his vsurpation occasioned the conquest of the whole realme by WilliaÌ„ Duke of NormaÌ„die bastard sonne to Robert the sixt Duke of the same And may we thinke al safe and sound now from like danger if we should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice What shal I now speake of the cruel ciuil warres betwene King Stephen and King Henry the second whiche warres rose by reason of the said Henry was vniustly kept froÌ„ the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lament with the lamentable losse of Normandie Aquitaine and the possibilitie of the Dukedome of Britanie and with the losse of our other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur Wel let vs leaue these greuouse and lothsome remembrances and let vs yet seeke if we may finde any later interpretation either of the said statute or rather of the coÌ„mon law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exaÌ„ples would not serue prouided a later but so good so sure so apt and mete interpretatioÌ„ for our cause as any reasonable hart may desire The interpretatioÌ„ directly toucheth our case which I meane by the mariage of the Lady Margaret eldest daughter to King HeÌ„ry the vij vnto Iames the fourth KiÌ„g of ScotlaÌ„d and by the opinioÌ„ of the said most prudeÌ„t Prince in bestowing his said daughter into ScotlaÌ„d a ma ter sufficient inough to ouerthrow al those cauilling inueÌ„tioÌ„s of the aduersarie For what time King Iames the fourth sent his ambassadour to king HeÌ„ry the seueÌ„th to obteine his good wil to espouse the said Lady Margaret there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not wel like vpon the said Mariage saying it might so fal out that the right and Title of the Croune might be deuolued to the Lady Margaret and her childreÌ„ and the Realm therby might be subiect to ScotlaÌ„d To the whiche the prudent and wise King answered that in case any such deuolution should happen it would be nothing preiudicial to England For England as the chief and principal and worthiest part of the I le should drawe Scotland to it as it did Normandie from the time of the Conqueste Which answere was wonderfully wel liked of al the Counsaile And so consequâ—tly the mariage toke effect as appereth by Polydor the Historiographer of this Realm and such a one as wrote the Actes of the time by the instruction of the King him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband we could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of this Realme Wherevpon I may wel inferre that the said newe Maxime of these men whereby they would rule and ouer rule the succession of Princes was not knowen to the said wise King neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of Quene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first degree
the said statutes And therefore in that respect the said Wil is insufficient in lawe And to aggrauate the matter farther ye shal vnderstand of great inconueniences and imminent dangers which as yet are likely to ensue if that supposed Wil should take place It is not vnknowen but that at the time of the making of the said Wil the said Ladie Francis had no issue male but onely three daughters betwene her and Henrie Duke of Suffolke Afterward in the time of our late soueraigne Ladie Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him Which issue if it were a son and be also yet liuing by the wordes of the said supposed Wil is to inherite the Croune of this Realme before the daughters betwene her and the said late Duke of Suffolke begotteÌ„ which thing was neither intended nor meant by the makers of the said Actes Who can with any reason or common sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his Letters PateÌ„ts or last Wil to disherit the Queene of Scotland lineally descended of the blood roial of this Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King and Gouernour ouer this noble Realme of EnglaÌ„d The inconueniences whereof as also of the like that might haue followed of the preteÌ„sed Mariage of M. Keies the late Sergeante Porter I referre to the graue consideratioÌ„s and iudgementes of the honorable and worshipful of this Realme Some peraduenture wil say that King Henry the eight meant by his Wil to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten and not vnto the heires by any other person to be begotteÌ„ Which meaning although it might very hardly be gathered vpon the said supposed Wil yet can not the same be without as great inconueniences as the other For if the Croune should nowe remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of this Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is compted in law a ioynt purchase doth make all the issue female inheritable a like and cannot go according to the ancient law of a desceÌ„t to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differeÌ„ces be in law where one cometh to any Title by descent and where as a purchaser And also if th' one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors and so might their issue being heirs females make the gouernmeÌ„t grow infinite Which thing was most farre from the meaning of the makers of that Acte of ParlameÌ„t What if the said King had by his last Wil disposed this realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example Wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent this Realme into partes Had this ben according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto heires of the body of the said Lady Francis by the said supposed Wil. Now to coÌ„plete and finish this our Treatise touching the Queene of ScotlaÌ„ds Title to the fuccession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed Wil was signed with the Kings owne hand Let the heires of the Lady Francis come forth in Gods name and lay forth to the world their demauÌ„d and supposed right against the said Q. of Scotlandes interest The Quene on th' other side to fortifie and streÌ„gthen her claime laieth forth to the open sight of al the worlde her â—ust title and interest signed and alwaies afore this time allowed not onely as with the Seales but with the othes also of al the Kings that euer wer in EnglaÌ„d takeÌ„ at the time of their Coronation for the coÌ„tinuance of the lawes of this noble Realme of England signed and allowed I say almost of al the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Francis or others bring forth to grouÌ„d their iust claime and demauÌ„d vpoÌ„ When al is done they are faine to ruÌ„ne and catche holde vpon King Henry the eightes written Wil signed with his owne hande Wel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original Wil. It is wel knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some autheÌ„tical Record of the same It is also notorious that they can not If then the foundation of their claime being the Wil of such a Prince and of so late and fresh memorie made neither the original nor yet any good and worthy Recorde sufficiently authorised remaine of the same by what colour wil they exclude the saide Queene They must claime either by proximitie of blood or by Charter For the first nature hath excluded them Charter they haue none to shew They wil perchance crie out and complain of the losse and imbeaseling of the same and say that such a casualtie should not destroye and extinguish their right This were some thing perchance if it were in a priuate maÌ„s case It were somewhat if their demauÌ„d did not destroy the coÌ„mon law and the law of nature also It were somewhat if their supposed Charter were perished or by any frau duleÌ„t meanes intercepted by the said Quene Vpon whom in this point it is not possible to fasten any the very least sinister suspicioÌ„ It were somewhat if they did not aspire to take gaine and lucre or if the Queene sought not to auoide daÌ„mage For daÌ„mage it is when any person is spoiled of any right due to him by law and reason And there is
and the whole state froÌ„ danger to liue willingly in perpetual exile and bannishment God be thanked that after these seditious and trayterous subiectes haue bene so stout and storming in the rekoning vp and accumulating of faults and offenses of their innoceÌ„t Maistresse and Quene they are yet at the leÌ„gth forced to answere for theÌ„selues and for their excessiue outragious rebellious dooings Their glorious and glittering excuses may perhaps at the first shew seme to some of the Readers to haue a ioly face of much probabilitie great trueth and feruent zeale to the weale publike But may it please them aduisedly and depely to ponder and weigh aswel what we haue said as what we farther shal say in supplement of ful answere and then to iudge and deme of the mater none otherwise then reason equitie and law do craue they shalat length fynde out and throughly perceaue and know these mennes dealinges and doinges who as yet couer their foule filthy lying detestable practises and trayterouse enormities with suche a visarde of counterfeit fained holines and suche exceding greate shew of zeale to the Queenes honour in punishing malefactors and to the preseruation of the state of the Realme as though al the worlde would fal and go to ruine if it were not vpholden and vnderpropped by the strength of their shoulders They shal see how they wil appeare in their owne natural likenes so ougly that al good harts wil vtterly detest them and thinke them moste worthie for example sake to al the worlde hereafter of extreme punishment We affirme then first that as they haue produced nothing in the worlde touching the principal points as of the Lorde Darleyes death the acquital of the Earle Bothwel and the Queenes mariage with him iustly to charge her withal so are they them selues aswel for the said acquital and mariage as for their damnable and rebellious attempts against their Souereigne and for many other enormous crimes so farre and so depely charged so foule stained and so shamefully marked and noted that neuer shal they with al their hypocritical fine fetches be able to rubbe out the dirty blottes thereof from their skirts which thing wilbâ— easely perceaued of them that wil vouchesafe aduisedly to consider the friuolous and contradictorie excuses they make in their defence At the beginning their open surmised quarel whereby they went about to drawe the peoples hartes to them selues and to streÌ„gthen their owne faction stood in three points as appeareth by their excuses and by their pretensed Proclamations The first was to deliuer the Quene from the Earle Bothwel who violently deteined her and to preuent daungers imminent to her person The second to reuenge the Kings death vpon the said Bothwel whom they knew as they pretended to haue ben the principal doer in the execution of the said murther The thirde was to preserue the yonge Prince the Queenes sonne This is their ioly and holy pretense Nowe let vs see how conformable their worthy procedinges are to these their colourable cloked holy collusions The first gentle and humble admonition that these good louing subiectes gaue her to refourme these surmised enormities was in â—attail array at Bortwike Castle which they thought vpon the sodaine to haue possessed with the Queenes person Wherevpon they being disapointed therof gat into the Town and Fortresse of Edenboroug by the treason of Balfoure the Captaine thereof and of Cragmiler the Prouost of the Citie whereby they being the more animated to follow and prosecute their wicked enterprise begaÌ„ now to be strong in the field The Queene hauing also a good stroÌ„g army and thinking her self wel able therby to encounter with th' enemie and to represse their furious outrage yet notwithstaÌ„ding for the great loue and pitie she had to them though rebellious subiects willing as muche as in her lay to kepe and preserue their blood from sheding offred them faire of her owne free motion that if they would vse her as their Queene she would peaceably come to them and take due and conuenient order for the redresse of al suche thinges as might appeare by law and reason mete to be refourmed Wherevpon the Lorde Grange was sent by the Lordes to her who in al their names moste humbly vppon his knees assured her of al dewe obedience of securitie anâ— safetie of both her life and honour And 〈◊〉 the good Ladie her conscience bearing heâ— witnes of al her iust and vpright dealingeâ— and therfore nothing mistrusting dismissing her army yelded her self to the Lordes whâ— conueyed her to Edenborough and there set her at suche a meruelous libertie and 〈◊〉 suche securitie and safetie that al good meâ— to the worlds ende wil wonder at their exceding good loyaltie First they keping her owne Palaice seâ— and placed her in a merchants house and vsed her otherwise very homely She now considering and perceauing to what ende these matters tended most pitifully cried and called vpon them to remember their late promisse or at the least that she might be brought before the Counsaile offering to stande to the order and direction of the States of the realme But God knoweth al in vaine For now had they the pray whereon they inteÌ„ded to whet their bluddy teeth ere they did dismisse or forgoe her as the euent doth declare Wherefore in the night priuily she was conueyed and with haste in disguised apparel to the strong Forte of Lochleuen and after a few daies being stripâ—ed out and spoyled of al her princely atâ—rement was clothed with a course broune â—assoke After this these good loial subiects praâ—ising and encreasing more and more daily â—he performance of their saied promised â—bedience neuer ceassed vntil they had vsurped the ful authoritie and Regiment of the whole Into the which though they had intruded themselues yet seing as blinde as they were by disordinate vnseemely and vnmeasurable ambition that the Queene remained and was stil Queene and that there was no iust cause by the ordinarie course of the lawe or for any her demerits and deserts to bring her forth to her trial that she might be conuicted and deposed went like good honest plaine men and wel meaning subiects bluntly to worke and coÌ„sulted and determined to dispatche and rid her out of her life vnlesse she would yelde to them and subscribe suche writinges as they would send to her concerning the dimission of her Croune to her sonne and the Regiment of the Realme to the Earle of Murray Wherevpon th' Earle of Athele Secretâ—rie Ledington with other principals of theiâ— factious band sent Robert Miluen to Lochâ—leuen to wil her in any ease if she sought the safegard of her life to coÌ„descend to such demaundes and set her hand to al such writinges as should be proposed and broughâ— to her Whiche as they said to doe neuâ— could be preiudicial to her being by forâ—â— and violence extorted Sir Nicolas Throgmorton also being then Ambassadour theâ—â— from England gaue her the
For the haue in al these their worslipful procedinge against her made suche a hotchepoche suche a minglemangle suche a confuse anâ— disordered Chaos against Iustice and Nature that they them selues were the Accusers they them selues the witnesses they them selues the Iudges and examiners of her cause Is there any honest meaning and gentle natured harte that can once patiently abide and suffer to heare these their taunting and intolerable outragious inueyings and accusations especially of the Earles Murray and MurtoÌ„ the Capiteines ringleaders and chief practitioners thereof against her to whome they are most depely bound aswel for high preferment vndeserued as for diuers pardons of death by manifolde treasons worthely deserued To whom the one of them is by nature and blood albe it base as a brother entierly conioyned And to whome they both ought to be with the rest as to their Irege Ladie most loially subiected Shal they now with the Lord Lindzay be admitted to staine and defile her honour to seeke her harts blood who long sithens had worthely lost ther ingrate chorlishe traiterouse blood if they had not ben preserued by her singuler and incredible clemencie Yet let vs coÌ„sider their precise and most holy forme of Iudgement The Queene was disorderly and rebelliously appreheÌ„ded she was cast in prison not once heard to answer for her selfe most instantly and pitifully crauing audience She was forced and constrained by most vehement and iust feare to geue ouer her Croune and dimisse the regiment to the Earle Murray One great argument of the said constraint and compulsion among other is that she neuer readde such writinges as were offered to her to be by her subscribed nor entred into any couenant or talke for the maintenance of her liuing or safegard of her life Which thing she would neuer by any indifferent mans iudgement haue done if she had freely and voluntarily yelded vp her Regal Dignity Neither can the pretensed ParlameÌ„t be preiudicial to her standing vpoÌ„ no better nor surer grouÌ„d then vpon such as we haue rehearsed and vpon such worshipful letters missiue as are by them I can not tel more falsly or more fondly counterfeited Surely such Traitours as durst laye violent handes vppon their Queene and intrude them selues into the Regal Gouernement will make but smal â–ª curtesie in the faining and forging a letter thereby to worke their purposed mischiefe I would then father demaund of them what authoritie they had to somon and assemble a Parlament And whether this fact of hers supposing she were therein guilty deserueth in her being a Prince and considering how heinously the Lorde Darley had offended her and the Croune of Scotland such extreme punishment to be leuied vpon her for one simple murther especially by them that committed that shameful murther vpon her Secretarie that haue committed so many treasons and daily do committe so many horrible murthers vpoÌ„ the Quenes true louing subiectes How many and how cruel and terrible deathes do such Traitours deserue We haue moreouer to demaund of them whereas they pretende a merueilous and a singuler zeale to religioÌ„ and holy Scripture and to measure al their doinges precisely by Scripture and order thereof what sufficient warrant they haue therein by their priuate authoritie to set violent handes vpon their annointed Prince I find ther that King Dauid was both an adultrer and also a murtherer I finde that God was highly displeased with him therfore Yet find I not that he was therefore by his subiectes deposed And here might I take occasion out of the sacred Scriptures to declaime and discours against your disordered doinges but that it is nedelesse and our matters otherwise growe long But yet consider ye with your selfe you the Earles Murray and Murton with your consociats that euen adiudging the Queene were culpable and in some fault as she is not in this matter whether it had not ben much better and more auaileable to your commoÌ„ wealth and to the state thereof prudently to haue dissembled the matter as your forefathers haue heretofore done in a greater cause then this namely in Duke Robert the Gouernour Kings Roberts brother then to haue permitted your coÌ„mon wealth to haue commen into so miserable and wretched a state as it is now falleÌ„ in and dayly like to be in worse case and worse I suppose it wil be found that it had ben a much better policie to haue reserued the punishment thereof to Gods owne rodde and iustice in this or in an other worlde then to haue taken from him that he hath reserued to his owne only iudgemeÌ„t and to haue geuen to the subiects of other Princes suche a wicked president that if these other subiectes treade fast vppon your steppes there wil shortly fewe Kinges and Princes haue any sure and fast holde of their Sceptre and Roâ—al Dignitie We conclude then against you speake and doe the worste by her that ye can inuent that your proceedinges be not agreable or correspondent to law order and Iustice and therfore to be reuoked and adnulled We say that the common rule of the lawe ought here to take place Spoliatus ante omnia restiâ—uendus est vnlesse where all lawes aswel Gods as mans lawe doe fauour and preferre Princes causes with singuler priuileges and prerogatiues ye haue now espied out a newe law whereby Princes shal haue and enioye lesse benefits and preeminences in their owne defence then other priuate persons We say that for these and many other good and necessary considerations all is voide that ye haue busied your selues about We say that al your dooinges ought to be remoued reuersed and clearly annulled and the Queene wrongfully by you displaced to be restored to her state and former dignitie and honour Then let the whole matter be if there be any iuste cause before competent and meete Iudges to sitte vppon a Prince iustly and orderly heard and determined For as for you especially the Earle Marray and Murton ye are to be charged and chalenged byside al other iust exceptions euen as the principal inuentours mainteiners and workers of this shamefull and cruel murther for the whiche ye haue made al this hurly burly and as I may say stirred heauen and earth against your owne very natural Prince Neither may the Lord Lindzay be heard or suffred to intermedle against her if lawe take place for diuers his demerites among which he standeth charged aswel for that that he was one of the chiefe instrumentes in the slaughter of the Queenes Secretarie Dauid as also in the apprehending and imprisoning of her Grace But I much muse and merueyle how the Bisshoppe of Orkney for shame coulde so presumptuously and heynously inueigh and declaime before the Commissioners of Englande against his Maistresse pretensed mariage with the Earle Bothwell seeinge that he him selfe did celebrate the solemnitie thereof Who also was your onely Bifshop that was present at the Coronation of your newe erected king A man moste apte and ready to serue
it Vortiger aspiring to the Croune of the Realme actually and really obteined the same by the murthering of King Constance whiche was not done without his craftie incensing and priuie consent yet he pretended outwardly great sorow weeping and lameÌ„ting the murther of him the which he neuerthelesse longed for and was the occasion of the same As for Scotland I reporte me to the Tragical historie of King Duffus slayne by a Nobleman named Dunwaldus who was in great estimation and autoritie with the said king When the King was a bedde in the Castle wherof this Dunwaldus had the keeping he banketed his Chamberlaines and so oppressed them with immoderate surfeting and drinking that when they were once gotten about high midnight to sleape in their beddes ye might haue rong a great beâ— ouer their heads long ere they wold wake who being in their dead and depe sleape the King was murthered and slaine by such as this Noble man had suborned His dead body was caried away and buried in a riuer The labourers that buried him were also slaine that they might tel no tales In the morning the King was missing his bed was fouÌ„d imbrued with blood Has drousy druÌ„cken Chamberlaines that least knew of the matter were had in greatest suspicion and without farther delay by the said Dunvaldus like a man zelouse to punish malefactours were slaine and put to death No man being farther a great while from suspicion then he vntil first his owne ouer busie searching for the murtherers and afterward other thinges bread vppon him such suspicion that he was there vpon apprehended and being found guilty worthely executed The like pranck plaied Duke Robert brother to the King of Scotland and Gouernour of the Realme of whome we spake before He procured the Prince his nephew to be made away and murthered and yet pretending himself as holy as Murray doth to be zealouse in the punisâ—hing of such an heinous facte caused certaine innocent persons to be executed therefore We say then that the Earle Murrayes dooinges proceede not from any great care he hath to the maintenance of law and Iustice who is moste culpable himselfe but only colourably to cloke and hide his owne mischieuous treacheries and to turne the blame of the fault from him selfe vppon his good Ladie and Queene from whose personne it is farthest Whereof they themselues gaue in manner plaine testimonie and witnesse For though they had openly in their pretensed and disordered Parlament detected her thereof yet before the Englishe Commissioners they alleaged other matters as her voluntarie resignation of the Croune c. The whiche allegations when they wel sawe would not serue their turne and that men did vnderstand how and after what sorte they had proceeded against her in Scotland they were as it were driuen and forced being excluded from all other apparent shiftes after seuen or eight weekes aduisement after their first inuectiue to obiecte the said facte against her Wherof the good innocent Queene hearing and astonied at their strange and contumelious canuasinges and impudencie in their dooinges and being sith her apprehension credibly enformed and by apparencie of matter and proufe therof lead and induced to beleeue and geue credit that this wicked enterprise was chiefly inuented and compassed by the Earles Murray and Murton made earnest sute by her Commissioners to arrest them that they should not shrinke away and depart vntil they had answered that matter for them selues whiche she fully intended most effectually to prosecute against them and others And so did accuse them in deede by her CoÌ„missioners and desired farther that she might comme in her owne personne before the Nobilitie and the Ambassadours of other Countries there resident and goe foreward with and prosecute her said accusation against them Whereof they hearing they fretted they fumed they stamped they stared and for a smal while made much hot sturre But when they had wel considered and digested the matter loking in their owne breastes they became vpon the sodaine so colde that they thought euery day an hundred vntil they were packing home and neuer ceassed alleaging many vaine and friuolouse excuses to vrge their dimission moste importunately vntil they had at the last obteined their sute O that Cassius were now liuiÌ„g that he might lay to the Earle Murrais charge his accustomed worthy saing Cui bono He would tel him that as the Queene by this facte had no manner of hoped commoditie and is of ouer good and vertuous disposition and nature in any respect of worldly commoditie so to dishonour her selfe and state and euen as th' Earle Murraies birth and natural inclinatioÌ„ were most apt and mete to worke such naughty practises so were there many occasions also for his parte such as he had best liking and contentation of to the putting of the same in practise Among other thinges it pincheth him and al his faction and greeueth them to the very hart to remember the reuocation the Quene had made the April before of al such thinges as apperteine to the Croune that had by her self or others in her minoritie ben alienated Which reuocation by an old law and order in Scotland the Princes ther may make before the accomplishment of twenty and fiue yere of age Now had the Earle Murray and his faction by one meanes or other gotten into their handes and possession two parts of the yearly reuenewes of the whole Croune See see I pray thee good Reader if this were not the very vndoubted cause that made him and them so pitiful and so tender harted towarde the L. Darley being dead whose death they had so long thirsted for and whose life they had by so many snares and mischieuous waies assaulted and laied wait for Yea there was a farther Cui bono then this They thought to driue by their ioly politike practises al the displeasure and hatred of the facte vpon the Queene and so for this pretensed mischieuous facte to driue her from the possession of her Croune and to intrude them selues by some pretie colourable conueiances into the sole intermedling with al the publike affaires and to the Gouernement of the Realme vnder the title of the good Infant the Queenes sonne and to assure their possessions to them selues at leaste the space of twenty and fiue yeares more But I pray God there be not a farther and a worse fetche then al this commeth to Wel then al these their foretolde purposes hath the Diuel brought to passe for them euen according to their harts desire sauing that he oweth them a shame and wil pay it them when they count them seluet most cocke sure And beginneth as it seemeth alredy ful properly to pay them home euery one day more then other For as close and as secrete as they hid and kept their doinges from the world especially fro their good Quene vntil they had quitted th' Earle Bothwel and coupled him most dishonourably with that vpright and wel meaning
of God almighty onely But yet for arguments sake I would faine knowe where you finde your differēce and what authoritie you can shew for the prouf thereof Ye haue made no marginal note of any authoritie and therefore vnlesse ye also saye that ye are Pythagoras I will not beleue your difference Wel I am assured that I can shew you good authoritie to the contrarie and that there is no difference in your cases Pervse I praie you 22. H. 6. And there may you see the opinion of Iustice Newton that there is no difference in your cases but that in both your cases the lande shall eschete vnto the Lorde And Prisote being then of Coūsayle with the party that claimed the lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in law vpon the title This authoritie is against your difference and this authoritie I am wel assured is better then any that you haue shewed to proue your difference But if we shal admitte your difference to be according to the law yet your cases wherevnto you applie your difference are nothing like as I haue said before But to procede on in the proufe of our purpose as it doth appeare that neither the King nor his Croune is bound by these general rules which before I haue shewed so do I likewise say of al the residue of the general rules and Maximes of the lawe being in a manner infinite But to retourne againe vnto your onely supposed Maxime whiche you make so general concerning the dishabilitie of persons borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of this Realme of Englande as it may appeare by King Stephen and by King Henry the seconde who were both straungers and Frenchemen and borne out of the Kinges allegeance and neither were they Kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull Kinges of England nor their title was by any man at any time defaced or comptrolled for any such consideration or exception of foraine birth And it is a worlde to see how you would shifte your handes from the said King Henry Ye say he came not to the Croune by order of the lawe but by capitulation for asmuch as his mother by whome he conueied his Title was then liuing Well admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abilitie And although I did also admit that he had not the Croune by order of the law during his mothers life yet after his mothers death no man hath hitherto doubted but that he was King by lawful succession and not against the lawes and Customes of this Realme For so might you put a doubt in al the Kinges of this Realme that euer gouerned sithens and driue vs to seake heires in Scotland or els where Whiche thing we suppose you are ouer wise to goe about Bysides this I haue hard some of the aduersaries for farther helpe of their intention in this matter saye that King Henry the second was à Queenes childe and so King by the rule of the commō law Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by King Stephen And therefore King Henry the second can not iustly be saied to be a Queene of Englandes childe nor yet any Kinges childe vnlesse ye would intend the Kinges children by the wordes of Infantes de Roy c. to be children of farther degree and descended from the right line of the King so ye might say truely that he was the child of King Henry the first being in deede the sonne and heire of Maude the Emperesse daughter and heire of Kinge Henrie the first Whereby your saide rule is here fowly foiled And therefore ye would faine for the maintenance of your pretensed Maxime catche some holde vppon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde Ye say then like a good and ioly Antyquarie that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected frō the Croune for that cause it is very false Neither haue you any autoritie to proue your vaine opinion in this pointe For it is to be proued by the Cronicles of this Realme that King Richarde the first vncle vnto the sayd Arthur taking his iourney towarde Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune whiche would not haue ben if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although King Iohn did vsurpe aswel vpon the saide King Richard the firste his eldest brother as also vpon the sayd Arthur thur his nephewe yet that is no prouf that he was reiected bycause he was borne out of the Realme Yf ye could proue that then had you shewed some reason and president to proue your intent whereas hytherto you haue shewed none at al nor I am wel assured shal neuer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by th' Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of Englād These reasons and authorities may for this time suffice to proue that the Croune of this Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same Whiche thing being true al the obiectiōs of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of this Realme are fully answered and thereby clearly wiped away Yet for farther arguments sake and to the ende we might haue al matters sifted to the vttermost and therby al things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of this Realme were to be examined and tried by the rules and principles of the cōmon law and then let vs consider and examin farther whether ther be any rule of the cōmon law or els any statute that by good and iust construction can seeme to inpugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente frō King Henry the seuēth and by his eldest daughter as we haue shewed there is no man so impudent to denie What is there then to be obiected among al the rules Maximes and iudgements of the cōmon law of this Realm Only
Liberi Therefore doo we supply it as wel as we may by this worde children The Spaniardes also vse this worde Infantes in this ample sorte when they call the nexte heire to the heire apparēt Infant of Spaine euen as the late deceased Lorde Charles of Austrich was called his father and grandfather then liuing Yf then the original word of the statute declaring the said rule may naturally and properly apperteine to al the Descendants why should we straine and binde it to the first degree only otherwise then the nature of the worde or reason wil beare For I suppose verely that it wil be very harde for the Aduersarie to geue any good and substantial reason why to make a diuersitie in the cases But touching the contrarie there are good and probable consideratiōs which shall serue vs for the seconde cause As for that the grādfathers cal their nephewes as by a more pleasant plausible name not only their children but their sonnes also and for that the sonne being deceased the grādfather suruiuing not only the grādfathers affection but also such right title and interest as the sonne hath by the lawe and by proximitie of blood growe and drawe al to the nephew who representeth and supplieth the fathers place the father and the sonne being compted in person and in flesh in maner but as one Why shal then the bare and naked consideration of the external and accidental place of the birth only seuer and sunder suche an entier inwarde and natural coniunction Adde therevnto the many and great absurdities that may hereof spring and ensue Diuerse of the Kinges of this Realme as wel before the time of King Edwarde the third in whose time this statute was made as after him gaue their daughters out to foraine and sometimes to meane Princes in mariage Which they would neuer so often times haue done if they had thought that whyle they wente about to set forth and aduance their issue their doinges should haue tended to the disheriting of them from so great large and noble a Realme as this is which might haue chanced if the daughter hauing a sonne or daughter had died her father liuing For there should this supposed Maxime haue ben a barre to the children to succede their grandfather This absurditie would haue bene more notable if it had chanced about the time of King Henry the secōd or this king Edward or king Henry the firste and sixte when the possessions of the Croune of this Realme were so amply enlarged in other Countries beyond the seas And yet neuer so notable as it might haue bene hereafter in our fresh memorie and remēbrance if any such thing had chanced as by possibilitie it might haue chanced by the late mariage of King Philippe and Queene Marie For admitting their daughter maried to a foraine Prince should haue dyed before them she leauing a sonne suruiuing his father and grandmother they hauing none other issue so nigh in degree then would this late framed Maxime haue excluded the same sonne lamētably and vnnaturally from the succession of the Croune of Englande and also the same Croune from the inheritance of the Realmes of Spain of both Sicilies with their appurtenāces of the Dukedō of Milan and other landes and Dominiōs in Lumbardy and Italie as also from the Dukedomes of Brabant Luxēburg Geldres Zutphan Burgundie Friseland from the Countreies of Flandres Artois Holland Zealād and Namurs and from the new found lands parcel of the said Kingdome of Spaine* Which are vnlesse I be deceued more ample by dubble or treble then al the Countreies now rehearsed Al the which Countreies by the foresaid Mariage should haue bene by al right deuolued to the said sonne if any such child had bene borne If either the same by the force of this iolye newe found Maxime had bene excluded from the Croune of England or the saide Croune from the inheritance of the foresaid Countreies were there any reason to be yelded for the maintenance of this supposed rule or Maxime in that case Or might there possibly rise any commodity to the Realme by obseruing therein this rigorous pretensed rule that should by one hundred part counteruaile this importable losse and spoile of the Croune and of the lawful inheritour of the same But perchance for the auoiding of this exception limited vnto the blood roial some wil say that the same was but a priuilege graunted to the Kinges children not in respect of the succession of the Croune but of other landes descending to them from their Auncestours Whiche although we might very wel admit and allow yet can it not be denied but that the same priuilege was graūted vnto the Kinges children and other descendantes of the Blood roial by reason of the dignity and worthines of the Croune which the King their father did enioy and the great reuerence which the law geueth of dewtie therevnto And therefore if ye would go about to restraine and withdraw from the Croune that priuilege whiche the lawe geueth to the Kinges children for the Crounes sake ye should doo therein contrarie to al reason and against the rules of the Arte of Reasoning which saith that Propter quod vnumquodque illud magis Byside that I would faine knowe by what reason might a man saye that they of the Kinges Bloodde borne out of the allegeaunce of Englande maye inherite landes within this Realme as heires vnto their Ancestours not being able to inherite the Croune Truly in mine opinion it were against al reason But on the contrarie side the very force of reason muste driue vs to graunt the like Yea more great and ample priuilege and benefit of the law in the succession of the Croune For the Roial blood where so euer it be found wil be taken as a pretious and singuler Iewel and wil carie with it his worthie estimation and honour with the people and where it is dew his right withal By the Ciuil law the right of the inheritance of priuate persons is hemmed and inched within the bandes of the tenth degre The Blood roial runneth a farther race and so farre as it may be found wherewith the great and mightie Conquerors are glad and faine to ioine withal euer fearing the weaknes of their blooddie sworde in respect of the greate force and strength of the same For this cause was Henrie the firste called for his learning and wisedome Beauclerke glad to consociate and couple him self with the auncient Roial blood of the Saxons which cōtinuing in the Princely Successiō from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and revnited From this Edward the Queene of Scotlād as we haue before shewed taketh her noble auncieht Petigrue These then and diuers other reasons and causes mo may be alleaged for the waying and setting foorth of the true meaning
Scotland and Wales be al within one Territorie and not diuided by any sea And al old Recordes of the law concerning seruice to be done in those two Countries haue these words Infra quatuor Maria within the fower seas which must nedes be vnderstaÌ„d in ScotlaÌ„d and Wales aswel as in EnglaÌ„d bâ—cause they be al within one continent coÌ„passed with fower seas And likewise be many auncient statutes of this Realm writreÌ„ in the NormaÌ„ FreÌ„ch which haue these wordes deins les quatre mers that is within the fower seas Now coÌ„cerning the statute the title of the same is of those that are born beyond the sea the doubt moued in the corps of the said statut is also of childreÌ„ born beyond the sea out of the allegeance with diuers other braÌ„ches of the statute teÌ„ding that way Wherby it seemeth that no part of the statute toucheth these that are born in Wales or Scot laÌ„d And albe it at this time and before in tho reigne of Edward the first Wales was fully reduced annexed and vnited to the propâ—â— Dothinion of England yet was it before subrected to the Croune and King of England as to the Lorde and Sâ—igniour aswel as Scotland Wherefore if this statute had 〈◊〉 made before the time of the said Edwarde the 〈◊〉 it seemeth that it could not haue bene stretched to Wales no more then it can now to Scotland I doe not therefore a litle meruaile that euer this man for pure shame could finde in his harte so childishly to wrangle vpon this word Infantes and so openly to detorte depraue and corrupt the common lawe and the Actes of Parlament And thus may you see gentle Reader that nothing can be gathered either out of the said supposed general rule or Maxime or of any other rule or Principle of the lawe that by any good and reasonable construction can seeme to impugne the title of the said Ladie Marie now Queene of Scotland of and to the Croune of this Realme of England as is aforesaid We are therefore now last of al to consider whether there be any statute or Acte of Parlament that doth seeme either to take away or preiudâ—ce the title of the said Lady Marie And bycause touching the foresaid mentioned statute of the 25. yeare of King Edward the thirde being only a declaration of the common law we haue already sufficiently answered we wil passe it ouer and consider vppon the statute of 28. and 36. of King Henry the eight being the only shoteanker of al the Aduersaries whether there be any matter therein conteined or depending vpon the same that can by any meanes destroie or hurt the title of the said Ladie Marie Queene of Scotland to the successioÌ„ of the Croune of England It doth appeare by the said statute of 28. of King Henry the eight that there was authoritie geuen him by the same to declare limite appoint and assigne the succession of the Croune by his Letters Patentes or by his last Wil signed with his owne hande It appeareth also by the foresaid statute made 35. of the said King that it was by the same enacted that the Croune of this Realme should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first son of his body betwene him and the Ladie Iane then his wife begotten and for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten and for default of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten and for default of such issue vnto suche person or persons in remainder or reuersion as should please the said King Henry the eight and according to such estate and after such maÌ„ner order and conditioÌ„ as should be expressed declared named and limited in his Letters Patentes or by his last Wil in writing signed with his owne hande By vertue of whiche said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last Wil in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Lady Elizabeth to dye without issue of their bodies lawfully begotten then the Croune of this Realme of Englande should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and th' eldest daughter of the Fâ—eÌ„ch Quene And for the defaulte of suche issue to the heires of the body of the Ladie Elenour his Neece seconde daughter to the Frenche Queene lawfully begotten And if it happened the said Ladie Elenor to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires Wherevpon the Aduersaries do inferre that the successioÌ„ of the Croune ought to go to the childreÌ„ of the said Ladie FraÌ„cis and to their heyres according to the said supposed Wil of our late Souereigne Lorde King Henry the eight and not vnto the Ladie Marie Queene of Scotlande that nowe is To this it is on the befalf of the said Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the preteÌ„sed Wil with his own hand and that therfore the said Wil can not be any whit preiudicial to the said Queene Against which answere for the defence and vpholding of the saide Will it is replied by the Aduersaries first that there were diuers copies of his Wil found signed with his owne hande or at the leastwise enterlined and some for the most part writen with his owne hande out of the whiche it is likely that the original Wil commonly called King Henry the eightes Will was taken and fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the coÌ„mon wealth and for the auoiding of the vncerteintie of the successioÌ„ he welliked vpoÌ„ and accepted the authoritie geuen him by Parlament and signed with his owne hande the said original Wil whiche had the said limitation and assignation of the Croune And these presumptions are the more enforced for that he had no cause why he should beare any affection either to the said Queene of Scotland or to the Lady Leneux and hauing withal no cause to be greaued or offended with his sisters the Frenche Queenes children but to put the matter quite out of al ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the king who were presente at the signing of the said Wil and subscribed their names to the same Yea the chief Lordes of the CouÌ„saile were made and appointed executours of the said Wil and they and other had great Legacies geuen them in the said Wil which were paid and other thinges comprised in the Wil accomplished accordingly There passed also purchases and Letters Patentes betwene King Edwarde and the executors of
euidently tende to this ende and scope if a zealous minde to the common Wealth if prudence and wisdome did not rule and measure al these doinges but contrariewise partial affection and displeasure if this arbitrement putteth not away al contentions and striffes if the mind and purpose of the honorable Parlament be not satisfied if there be dishonorable deuises and assignmentes of the Croune in this Wil and Testament if there be a new Succession vnnaturally deuised finally if this be not a Testament and last Wil such as Modestinus defineth Testamentum est tusta voluntatus nostra sententia de eo quod quis post mortem suam fieti velit then though the Kinges hand were put to it the matter goeth not altogether so wel and so smothe But that there is good and great cause farther to consider and debate vpon it whether it be so or no let the indifferent when they haue wel thought vpon it iudge accordingly The Aduersaries them selues can not altogether denie but that this Testament is not correspondent to such expectation as men worthely should haue of it Whiche thing they do plainly confesse For in vrging their presumptions whereof we haue spokē and minding to proue that this wil whiche they say is commonly called King Henries Wil was no new Wil deuised in his sicknes but euen the very same wherof as they say were diuers olde copies they inferre these wordes saying thus For if it be a newe Wil then deuised who could thinke that either him selfe would or any man durst haue moued him to put therin so many thinges contrary to his honour Much lesse durst they themselues deuise any new successiō or moue him to alter it otherwise then they foūd it when they saw that naturally it could not be otherwise disposed Wherein they say very truely For it is certaine that not only the common lawe of this Realme but nature it selfe telleth vs that the Queene of Scotlād after the said Kinges children is the next and rightful Heire of the Croune Wherefore the King if he had excluded her he had done an vnnatural acte Ye wil say he had some cause to doo this by reason she was a forainer and borne out of the Realm Yet this notwithstanding he did very vnnaturally yea vnaduisedly inconsideratly and wrongfully and to the great preiudice and danger of his owne Title to the Croune of France as we haue already declared And moreouer it is wel to be weighed that reason and equitie and Ius Gentium doth require and craue that as the Kings of this Realme would thinke them selues to be iniuriously handled and openly wronged if they mariyng with the heires of Spaine Scotland or any other Countrey where the succession of the Croune deuolueth to the woman were shutte out and barred from theyr said right dewe to them by the wiues as we haue said so likewise they ought to thinke of women of their royal blood that marie in Scotland that they may wel iudge and take them selues much iniured vnnaturally and wrongfully dealt withall to be thruste from the succession of this Croune being thereto called by the nexte proximitie of the royal blood And such deuolutiōs of other Kingdoms to the Croune of England by foraine mariage might by possibilitie often times haue chaunced and was euen nowe in this our time very like to haue chanced for Scotland if the intended mariage with the Queene of Scotland that now is and the late King Edward the sixt with his longer life and some issue had takē place But now that she is no suche forainer as is not capable of the Croune we haue at large already discussed Yea I wil now say farther that supposing the Parlament minded to exclude her and might rightfully so doe and that the King by vertue of this statute did exclude her in his supposed Wil yet is she not a plaine forainer and incapable of the Croune For if the lawfull heires of the said Ladie Francis and of the Ladie Elenour should happē to faile which seeme now to faile at the least in the Ladie Katherin and her issue for whose title great sturre hath lately ben made by reason of a late sentence definitiue geuen against her pretensed mariage with the Earle of Herford then is there no stay or stoppe either by the Parlament or by the supposed Will but that she the said Queene of Scotlande and her Heires may haue and obteine their iust Title and claime For by the said pretensed Wil it is limited that for default of the lawfull Heyres of the said Ladre Francis and Elenour the Croune shall remaine and come to the next rightful Heires But if she shal be said to be a forainer for the time for the induction of farther argument then what saye the Aduersaries to my Ladie Leneux borne at Herbottel in England and from thirtene yeares of age brought vppe also in England and commonly taken and reputed as well of the King and Nobilitie as of other the lawefully Neece of the said King Yea to turne nowe to the other Sister of the King maried to Charles Brandon Duke of Suffolke and her children the Ladie Francis and the Ladie Elenour why are they also disherited Surely if there be no iust cause neither in the Lady Leneux nor in the other it seemeth the King hath made a plaine Donatiue of the Croune Whiche thinge whether he could doe or whether it be conformable to the expectation of the Parlament or for the Kinges honour or for the honour for the Realme I leaue it to the farther consideration of other Nowe what causes should moue the Kinge to shutte them out by his pretensed Will from the Title of the Croune I minde not nor neede not especially seeing I take no notice of any such Wil touching the limitation of the said Croune here to to prosecute or examine Yet am I not ignorant what impedimentes many doo talke of and some as well by printed as vnprinted Bookes doe write of Wherein I will not take vppon me any asseueration any resolution or iudgement Thus only will I propound as it were by the way of consideration duely and depely to be wayed and thought vpon that is for as muche as the benefitte of this surmised Wil tendeth to the extrusion of the Queene of Scotland and others altogether to the issue of the French Queene whether in case the King had no cause to be offended with his sisters the Frenche Queenes children as the Aduersaries them selues confesse he had not and that there was no lawful impediment in them to take the succession of the Croune it were any thing reasonable or euer was once meant of the Parlament that the King without cause should disherite and exclude them from the Title of the Croune On th' other side if ther were any such impediment whereof this surmised Wil geueth out a great suspicion it is to be considered whether it standeth with reason and iustice with the honour of the King and the
hauing and following of this law as we haue said vnlesse to omitte other thinges ye would bind our Kinges also to receaue the Deuteronomie at the haÌ„ds of the Leuitical Tribe as that ye say that God gaue here a lawe to the Iewes to make or choose a King and so consequently al your illations out of this place seeme to be of smal force For to say the trueth as God neither gaue them this or any other lawe for choosing of a King nor did bid or will them to choose a King so did the people most greeuously offend God in demanding a King. For though by the iudgement of Aristotle and other Philosophers Monarchie wel and orderly vsed is the best kinde of al other Regiments which God doth also wel like yet would he haue no such magistrate among the Iewes But as he chose them for his propre peculier and selecte people and ruled them as wel in the Desert as in Iudea by a seueral peculier and distinct order and Gouernement from other Nations and after suche wonderful and miraculous sort as the like was neuer harde of in any Regiment by sides so would he also reserue to him selfe only the said Supremacie and Monarchie Neither was he a litle angrie with the Iewes nor they committed any smal fault but as it were renounced and reiected Gods owne Monarchie in crauing a King as holy Scripture plainely and openly testifiet Nonâ—ie inquit reiecerunt sed me ne regnem super eos And the people afterwardes acknowledged their fault Addidimus vniuersis peccatis nostris malum vt peteremus nobu Regem God therefore did not bidde them or wil them to choose a King but forknowing long before by his eternall forsight what they would do though contrarie to his blessed wil and pleasure did in this as in other matters beare with their weakenes and condescended vnto the same and fortold them in the said 17. Chapter that in case they would needes haue a King of what kind and sort he should be And therefore immediatly before the wordes that ye recite thou shalt make him a King ouer them is this texte Cum ingressus fuer is terram quam Dominus Deus dabit tibi possederis illam habâ—â—auerisque in illa dixeris constituam super me Regem sicut habent omnes per circuitum Nationes â—um constitues c. And when thou shalt come into the laÌ„d which the Lord thy God geueth thee and shalt possesse yea and dwel therein if thou say I wil set a King ouer me like as all the Nations that are about me then thou shalt make him King ouer thee whome c. Whiche wordes making for the illustratioÌ„ of this place ye haue omitted Wherfore as this place serueth nothing for any absolute election of a King the second which you seeme especially to regard and ground your selfe vpon so doth it as we haue shewed as litle relieue you to prooue therby your conclusions especially against the ordinarie successioÌ„ either of a strauÌ„ger or of a woman that ye would gather and conclude out of the same Thus haue we sufficiently answered the place of Deuteronomie for this one purpose Th' other two autorities may be much more easely answered The people meant nothing els by their said wordes spoken to Dauid but that they were the seede of Abraham Isaac and Iacob as wel as he and intended with true and sincere hartes vnfainedly to agnise him as their chiefe Lord and Soueraigne For at that time the Tribe of Iuda only whereof King Dauid came by lineal descent did acknowledge him as king Now the residue which before helde with Saules sonne did also incorporate and vnite themselues to the said kingdome If this man looke wel vpon the matter he shal find I trowe that the Queene of Scotland may as wel cal her selfe the bones and fleshe of the Noble Princes of England as this people cal them selues the bones and sheshe of King Dauid But yet the great terrible battering Cannon Athalia is behind She being in possessession of the kingdome seuen yeares was iustly thrust out by cause she was an Alien We may then saith this man iustly denie the Queene of Scotland the right of that which if she had in possession she should not iustly enioy Yet Sir if the Queene of Scotland be no Alien as we haue said then is your Cannon shot more feareful then dangerous We deny not but that Athalia was lawfully deposed but we beseche you to tell vs your Authours name that doth assigne the cause to be suche as you alleage Surely for my part after diligent searche I finde no such Authour Trueth is it that Iosephus writeth as ye doe that she descended by the mothers side of the Tyrians and Sidonians yet neuerthelesse he assigneth no such cause as ye doe And as ye are in this your preatie poisoned pamflet the first I trow of al Christian men I wil not except either Latin or Greke vnlesse it be some fantastical fonde and new vpstart Doctour as M. Knoxe or some the like neither Iew Chaldee nor Arabian that hath thus straungely glosed and deformed this place of holie Scripture against the ordinarie succession of women Princes so are you the first also of all other Diuines or Lawiers throughout the world that hath set forth this new fonde foolishe lawe that the Kings childe must be counted an Alien whose father and mother are not of the same and one CouÌ„trie If the French or Spanish King chaunce to marâ—e an English woman or the King of England to marie a French a Spanish or any other Country woman their Children by this new Lycurgus are Aliens and so consequently in al other Nations al such are haue ben and shal be AlieÌ„s by this your new oracle For what other cause shew you that this Athalia was an Alien but by cause her mother was an Alien genus duceÌ„s say you à Tyrijs Sydoâ—iis coming by lineal descent by the mothers side from the Tyrians and Sydonians King Achas maried her mother doughter to Ithobal King of the said Tyrians and Sydonians This Athalia whom Iosephus cal leth Gotholio Achas daughter maried IoraÌ„ King of uda her brother called also Ioram being king of Israel after the decease of his father Achas So then ye see that this Athalia was nomore an Alien among the Iewes then â—â—ing Edbalde Baldus was the sonne of Bertha a FreÌ„ch womaÌ„ and of King Ethelbertus the first Christian King of th' English nation no more then was the noble King Edward the third borne of a French woma â—more then Queene Marie was no more â—en should haue bene the issue of the said Q. Marie in case she had had any by the king â—f Spaine I perceaue that your felowes that â—ould faine make King Stephen King HeÌ„â—e the second and Arthur Neuew to King â—ichard the first Aliens had but rude dul â—nd grosse heades in comparison of
burge who therby inioyed the Countie Pâ—latine The like may be said of diuers othâ— partes of the Germanical Empire yea a wâ— maÌ„ hath ruled and gouerned the said who Empire as it is euident in Agnes the wiâ— of the Emperour Henry the third duriâ— the time of the minoritie of her sonne Hâ—rie the fourth And yet the same Empire ye wote wel passeth by choise and election and not by lineal succession of bloode yeâ— many hundereth yeares ere she was borne and in the florishing time of the olde Roâ—maine Empire Mesa Varia grandmother to the Emperour Heliogabalus and Alexander Seuerus sate with the Senate at Rome heard and examined the weighty causes oâ— the Empire and set her hand also to suche thiÌ„gs as passed touchiÌ„g the publike affaires I do now adioyne the kingdom of Sicile and Naples in Italie of the whiche Italie Noah whom the prophane Writers cal Ianus made Crana his daughter ruler and Quene wher also Lauinia reigned after the death of Aeneas And as for Naples this presideÌ„t of womanly Gouernment is not there only of later yeares in both the Queenes called Iohanne but euen from very auncient time which thing the stories do recorde in Amalasintha that gouerned after the death of her father King Theodoricus with her sonne Athalaricus The said Amalasintha was mother to Almaricus King of Spaine and after his death ruled her self the said Realme Let vs nowe adde farther the Dukedoms of Loraine and Mantua the kingdome of Swetia and Dania and of Noruegia whereof Margaret the daughter of Waldemarus was gouernesse and Quene the kingdom of Beame and of HuÌ„garie And to draw nere home the Realm also of ScotlaÌ„d which realm hath denomination of a woman as their stories report as hath likewise Flaunders The like some of our stories report of EnglaÌ„d wherin I wil make no fast footing Now touching the feminine Successâ— to the right of the Croune of England itâ— no new found Succession and much leâ— vnnatural We reade in our Chronicles Queene Cordel the thirde heire and daugâ—ter of King Leyre the teÌ„th King of Eritanâ— that restored her father to the kingdomâ— being deposed by her two other sisters Wâ— reade that about three hundered fifty anâ— fiue yeares before the Natiuitie of Christâ— Martia Proba during the nonage of heâ— sonne did gouerne this Realme ful politikâ—ly and wisely and established certaine laweâ— called Leges Martianae There be aswel of our owne as of exterternal historiographers that for a most certeinty affirme that Helena the noble Constantine his mother was a Britaine and the only daughter and heire of Coelus King of Britanie and that the said Constantine was borne in Britanie Surely that his father CoÌ„stantinus died in Britanie at Yorke and that the said Constantinus began his noble Victorious race of his most worthy Empire in Britany it is reported by auncient Writers and of great faith and credit And that likewise long before the said Helens time women bare the greatest sway both in warre â—nd peace and that the Britaine 's had womeÌ„ or their Capteines in warfare AmoÌ„g other Cornelius Tacitus writeth thus His atâ—e allis inuicem instructi Voadica generis regij â—mina Duce neque enim sexum in Impertis â—scernunt sumpsêre vniuersi bellum We haue now already shewed of Henry he seconde who obteined the Croune by â—he mothers right Which said King by the Title of his wife and after him his Succesâ—ours Kings of England did inioy the Dukeâ—omes of Aquitania and the Dukedome of Poiters as the said Kings Successour should â—aue done also as we haue shewed before the Dukedome of Britanie if Arthur King Richardes Neuew had not by the vsurping of King Iohn and his vnnatural crueltie died without issue And by what other right then by the womans inheritance dew to King Edward the third by his mother the Frenche Kings daughter doe the Kinges of this Realme beare the Armes and Title of the Kings of FraÌ„ce And though the FreÌ„ch men thinke their parte the better against vs it is not but vpoÌ„ an old politike law of their owne as they say and not vpon any suche fonde ground as ye pretende that women Regiment is vnnatural Which RegimeÌ„t ye stoutly affirme to bâ— farre a sunder from any natural RegimeÌ„t yeâ— truely as farre as was the boies head froÌ„ the shoulders the last Bartholmew Faire at LoÌ„don which many a poore foole did beleeue to be true For as the boies head remained stil vpon his necke and shoulders though iâ— seemed by a light liuely legerdemaine to be a great way from the bodie so would you now cast a mist before our eies and make vs beleue that womans gouernmeÌ„t and nature be so diuided and sundred that they may iâ— no wise be lincked and coupled together But surely the French nation was neuer so vnwise to thinke this kind of GouermeÌ„t repugnant to Nature or to Gods holy Word For then they would neuer haue suffered their Realme to haue ben so often gouerned and ruled by women in the time of the nonage or absence of their Kings As by Adela the mother of King Philip and by Blanche the mother of S. Lewis and by the wife of the late King Frauncis taken prisoner at Paura and by diuers others Neither should the said Adela and Blanche haue ben so coÌ„mended of their said noble and worthy rule and â—uernmeÌ„t The said FrenchmeÌ„ though by â—oliâ—ie they haue prouided to exclude foâ—iners from the inheritance of the Croune 〈◊〉 they themselues holde at this day by â—e womaÌ„s title and interest the Dukedom â—f Britanie with diuers other goodly posâ—ssions And we haue shewed before how â—ewis the Dolphin of France made a Title 〈◊〉 the Croune of this Realme in the right â—f his wife Thus I haue as I suppose sufficiently proued that this kinde of RegimeÌ„t 〈◊〉 not against Nature by the auncient and â—ontinual practise of Asia Aphrica and Euâ—â—pa For the perfecting of the whiche laste â—â—rte of Europa and of the whole three â—artes I ende with the notable Poet Virgils verses Filius huic fato Diuûm prolesque virilis Nulla fuit primaque oriens erepta iuuenta est Sola domum tantas seruabat filia sedes We knit vp therfore our conclusion against you after this sort That law and vsage caÌ„not be compted against the law of nature or ius GeÌ„tiuÌ„ which the most part of al couÌ„tries and one great or notable part of the whol world doth and hath vsed but this lawe or vsage is such Ergo it is not against the law of Nature The Maior nedeth no proufe and foâ— the proufe of the Minor we neede to imploy no farder labour then we haue already done Whervpon the consequeÌ„t must nedeâ— be inferred that this law or vsage doth weâ— agree and stand with the law of nature The reason thereof is that it
The possions of the Croune of Englad that vvere beyondthe seas sealed into the Frenche kings haÌ„ds for the murther of Arthur Polid. 15. flor histor An. 120â— Levvis the French Kings son claimed the Croune of this Realme in the Title of his vvise Pro hereditate uxoris meae scilicet neptis Regis loaÌ„ usque ad mortem â—â— necessitas exigeret decertabo Flor histo Anno 1216. Haroldus muneribuâ— genere fretê° regni diadema innasit H. Hunte hist Angli lib. 5 Cut regnuÌ„ iure hereditario debebatur Palredus Rhie ual in histo R. Angliae ad H. 2. Cui de iure debebatur regnum An glorum Io. Lond. in Chron. Angliae Eadem uerba sunt in Math West mon. in flor hist a. 1066 What calamities sell to this Realm by the vsurping of King Harolde King Stephen and Iohn Rex Eduar dus misit c. ut uel ipse Eduar uel filius e ius sibi succederent c. Rich. Cicest uid Wil. Malmest de reg Angl. E. 2. c. 45. lib. 3. c. 5. Polid. 26. king H. 7 vvith his Counsaile is a good interpretor of our present cause The mariages of King E. 3. sonnes A fond imagination of the Aduersarie of the statute of 25. E. 3. There vvas no doubt made of the Kinges children borne beyonde the seas This statute toucheth not the Q. of ScotlaÌ„d as one not borne beyond the seas Vide statuta Walliae in magna Charta Walesvvas vnder the allegeance of EnglaÌ„d before it vvas vnited to the Croune The statutes of King H. 8. touching the succession of the Croune An ansvves to the fore said statute The effect of the Aduersaries arguments for the exclusion of the Quene of Scotland by a pretensed vvil of King H. 8 An. H. 8.35 An. H. 8.33 21. An ansvvet by the vvay of reioindeâ— to the same Diuers presumptions and reasons agaiÌ„st this supposed vvil The supposed vvil is preiudicial to the Croune of Englande for the claime of the croune of France This supposed vvil geueth occasion of ambitious aspiring Succession to the Croune more vncerteÌ„ bi the supposed vvil then before Much forgene and counterfeyting of Testamets Valerius Maximus dict et fact lib. 9. c. 4. In this supposed vvil is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters No order taken for the probate of the supposed vvil The enrollement in the chance rie is not a probate A great presumption against the supposed vvil for that the late pretensed Q. Iane did not vse the benefit of the same against the Q. of Scotland and others See the proclamation made the x. of Iulie the first yeare of her pretensed reigne Polid. lib. 8. The forgetie of this 〈…〉 〈◊〉 discloseâ— before the Parlament by the L. Paget A vvorthy deede for à Prince to cancell false Recordes Cicero 3. offic Sueton. de uiris illustrib Bed. lib. 3. histor Ecclesiast c. 1. L. tefliuÌ„ ff de testibus L. Ob carnem ibid. No iust â—aâ—se to repel â—he testimonie of the L. Paget and others L. Famâ—â— ff ad 〈…〉 maies l. muliere ff de accusat Hovv a negatiue may be proued Gloss Doct. c. bo na de elect Hovv and vvhen the later testimonie is to be accepted before the former Why the stampe caÌ„not counteruaile the Kings hand in this case Ioan Andr. in adit spe cul tit de requisit consul ad finem L. Sifundus ff de rebus corumâ—c de rebus Ecelesiae in 6. An ansvvere to the aduersaries touchinge Actes of Parlament alleaged to proue that the Kinges ovvne haÌ„d vvas not necessarie to the supposed vvil 18. E. 3. fol. 30. 3. H. 4. fol. 3. 11. 11. H. 4. fol. 67.9 H. 6. fo 6. 19. H. 6. fo 7. et 10 35. H. 6. fol. 12. 10. H. 6. fol. 26. 3. H. 6. fol. 8. 33. E. 3. fo 13. Vide Prisot 33. H. 6. fol. 39. 9. H. 6. fol. 35.35 H. 6. fol. 34.40 E. 3. fol. 2. 40. E. 3. fol. 35.21 E. 4. fol. 97.7 H. 7. fol. 15. 9. E. 4. fo 2. 22. E. 4. fo 47. 29. H. 6. fol. 6.29 lib. Assis P. 64. 27. H. 8. c. 10. 32. H. 3. c. 1. The supposed vvil caÌ„ not preiudice the Q of Scot laÌ„d though it had ben signed vvith the Kinges ovvne haÌ„d Ther must needes be some qualification and restrait of the general vvordes of the statute Matthae us Paristensis in Iohan. L. 1. ff quâ— Testamenta facere The definition of a TestameÌ„t L. fl pater ff Quae in frau credit L. fill famil ff de Donat. L. 1. c quae res pign l. obligatione ff de pigno c in genera de Regum iuris in 6. L. quidaÌ„ ff de uerb sâ—g L. ut grada §. 1. de numer honor L. permitteÌ„do cuÌ„ notatis ff de iure dotiuÌ„ In geuing general au thoritie that seemeth not to be comprised that the partie vvould not haue graunted being specially demaunded General voordes must be referred to hable persons L. 2. c. de Nopal L. fin § in computatione De iure deliber ibi notat Alciat in l. 1. de uerb significat 11. H. 4. fol. 72. 9. H. 6. fol. 24.11 H. 6. fol. 15. Non est par ratiâ— lucra non capere damna sentire L. sin C. de co dicil L. Proculus ff de damno infect Insti de legat Si res L. qui â—eeâ— sare C. dâ— edendo §. commodum lust de indict L. st quiâ— iâ— aliquo documento C. de edendâ— An infamous libel made lately against the Queene of Scot. The Authour of the same seemeth litle to regarde touching the succession of the Croune any lavve but holy Scripture only He groundeh him self chefly vpon the 17. of Deuteron â— Samuel â— 2. Reg. 11. An ansvvere tou chinge the 17. of Deuteron Great difference be tvvixt successioÌ„ and clection August de merit remis pecc cont Pela li 3. c 8. 9. to 7 in quaest ex nouo Test ca. 8. to 4. Queene of Scotland no straunger 3. Politico 1. Reg. 8. 2. Reg. 12. An ansvvere to the 2. Samuel 5. Ioseph Iudaic An tiq lib. 9. cap. 6. A nevve fond and madde in terpretation vvho is an AlieÌ„ made by the Aduer sarie Ioseph ibi cap. 6. Athalia vvas no AheamoÌ„g the levves Who is an Alien by Vlpian Who is an Alien by Vlpian L. 1. ff ad municip Matth. 12 Iosue 6. Dauid and Christ descend of Obed Ruthes sonne 4. Reg. 11. An ansvvere to the Aduer farre touching the lavve of Nature vvhich he vvresteth against vvomens gouernement L. 1. ff de iust iure l. ueluti l. ex hoc l. omnes cod Est enim noÌ„ scripta sed nata lex c. Cicero pro Milone The practise of Womens Regiment in Asia Aphrica and Europa Straebo geâ— graph lib. 14. First in Asia Queene Artemesia Queene Ada. Solinus in collect lib. 67. Plinius lib. 6. cap. 20.