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B12208 The copie of a leter, vvryten by a Master of Arte of Cambrige, to his friend in London concerning some talke past of late betvven tvvo vvorshipful and graue men, about the present state, and some procedinges of the Erle of Leycester and his friendes in England. Conceyued, spoken and publyshed, vvyth most earnest protestation of al duetyful good vvyl and affection, tovvardes her most excellent Ma. and the realm, for vvhose good onely it is made common to many. Morgan, Thomas, 1543-1606, attributed name.; Parsons, Robert, 1546-1610, attributed name. 1584 (1584) STC 5742.9; ESTC S108682 125,586 206

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nature and said that he alvvayes mistrusted the same considering hovv much his Lordship vvas in debt to him and he made pryuie to his Lordship fovvle secretes vvhich secrets he vvould ther presentely haue vttered in the face of all the vvorld but that he feared tormētes or speedie death vvith some extraordinarie crueltie if he should so haue donne and therefore he disclosed the same onely to a Gentleman of vvorshippe vvhom he trusted speciallie vvhose name I may not vtter for some causes but it beginneth vvith H. I am in hope ere it be long by means of a friēd of myne to haue a sight of that discourse reporte of Gates vvhich hytherto I haue not sene nor euer spake I vvith the Gētleman that keepeth it though I be vvel assured that the vvhole mater passed insubstance as I haue here recounted it SCHOL VVherunto I ansvvered that in good faith it vvere pittye that this relation should be lost for that it is very lyke that many rare thinges be declared This relation of Gates may serue hereafter for an addition in the secōd editiō of this boke therin seing it is donne by a man so priuie to the affayres them selfes vvherin also he had bene vsed an instrument I vvill haue it quoth the Gentleman or els my friendes shal fayle me hovvbeit not so soone as I vvould for that he is in the vvest countrie that should procure it for me vvill not returne for certaine monethes but after I stall see him agayne I vvill not leaue him vnril he procure it fot me as he hath promissed vvell quoth I but vvhat is become of that euidence founde in Ireland vnder my Lords hand vvhich no man dare pursue auouche or behold GENTL Treulie said the Gentilman I am informed that it lyeth safelie reserued in good custodie to be brought furth and auovvched vvhen so ouer it shal please God so to dispose of her Ma. hart as to lend an indifferent eare asvvell to his accusers as to him self in iudgement Neither must you think that this is straunge nor that the thinges are fevv vvhich are in such sorte reserued in deck for the tyme to come euen amōg The deck reserued for Leycester great personages and of high calling for seing the present state of his povver to be such and the tempest of his tyrannie to be so strong and boisterous as no man may stand in the rage therof vvithout peril for that euen from her Ma. her self in the lenitie of her Princelie nature he extorteth vvhat he designeth either by fraud flattery false informatiō Leycester puyssant vyolence vvith the Prince her self request pretence or violent importunitie to the ouer-bearing of al vvhom he meaneth to oppresse No maruaile then though manie euen of the best and faythfullest subiectes of the land do yeeld to the present tyme and do keep silence in some matters that othervvise they vvould take it for duetie to vtter And in this kinde it is not long sithence a vvorshipful and vvise friende of myne tolde me a testimonie in secret from the mouth of as noble and graue a Councellor as England hath enioyed thes The Erle of Sussex his speech of the Erl of Leices manie hundreth yeares I meane the late L. Chamberlayne vvith vvhom my said friend being alone at his house in London not tvventie daies before hsi death conferred somvvhat familiarlie about thes and like maters as vvith a true father of his countrie and common vvealth and after manie complaintes in the behalf of diuers vvho had opened their griefes vnto Councellors and savve that no notice vvould be taken therof the said noble man turning him self somvvhat about from the vvater for he satte neare his pond syde vvher he beheld the taking of a pike or carpe said to my friend It is no maruaile Sir for vvho dareth intermedle him self in my Lords affaires I vvil tel yovv quoth he in confidence betvven you and me ther is as vvyse a man and as graue and as faythful a Councellor as England breedeth meaning therby The L. B●rghlei the L. Treasurer vvho hath asmuch in his keping of Leycesters ovvn hand vvriting as is sufficient to hang him if either he durst present the same to her Ma. or her Ma. do iustice vvhen it should be presented But indeed quoth he the time permitteth neither of them both therfore it is in vaine for anie man to struggle vvith him Thes vvere that noble mans vvordes vvherby you may consider vvhether my L. of Leicester be strong this daye in Councell or no and vvhether his fortification be sufficient in that place But novv if out of the Councell vve vvil turne Leycester povver in the country abrod but our eye in the countrie abrode vve shal finde as good fortification also ther as vve haue pervsed alredie in Court and Councell and shal vvel perceiue that this mans plot is no fond or indiscrete plot but excellent vvel grounded and such as in al proportions hath his due correspondence Consider then the chiefe and principal partes of this land for martial affaires for vse and commoditie of armoure for strength for opportunitie for libertie of the people as dvvelling farthest of from the presence and aspect of their Prince such partes I saye as are fittest for sudden entreprises vvithout daunger of interception as are the Northe the VVest the countries of VVales the Ilandes round about the land and sundry other places vvythin the same Are they not al at this day at his disposition are they not all by his procurement in the onelie handes of his friendes and allies or of such as by other matches haue the same complot and purpose vvith him Yorke Erle of Huntington In York is president the man that of al other is fittest for that place that is his nearest in affinitie his dearest in friendship the head of his faction open competitor of the Scepter In Barvvik is Captaine Barvvick The L. Hunsdē his vvyues vncle moste assured to him self Huntinghtō as one vvho at conuenient tyme may as much aduaunce their designementes as anie one man in England In VVales the chiefe authoritie from the Prince VVales Si● Hērie Sidney The Er. of Pēbrook The vvest Earle of Bedford is in his ovvn brother in lavv bu● among the people of natural affectiō is in the Earle of Penbrook vvho both by Mariage of his sisters daughter is made his allie and by dependence is knovven to be vvholie at his dispositiō The vvest parte of Englād is vnder Bedford a man vvholie deuoted to his the Puritanes faction In Irelād vvas gouernour of The L. Grey † Her Ma. as he saith for stricking of M. Fortescue called him lame vvretch that gryeued h●m so for that he vvas hurt in her seruice at Lyeth as he said he vvould liue to be reuenged late the principall instrument appointed for their purposes both in respect of his heat and affection tovvard their
the kinges handes by his ovvn submissiō dimissed again vvhē for his deserts he should haue suffred prouided after that the king should neuer be able to ouer-reache him the secōd tyme or haue him in his povver to doe hym hurt but made him Anno Regni 31. self strong enough to pul dovvn the other vvyth extirpation of his familie And this of the Court housholde and Chamber of her Ma. But novv if vve shal passe from Court to Councel vve shal finde him no lesse fortyfied but Ley puissance in the priuie Coucell rather more for albeit the prouidence of God hath bene such that in this moste honorable assemblie ther hath not vvanted some tvvoe or three of the vvisest grauest and moste experienced in our state that haue seene and marked this mās perilous proceedinges from the beginning vvherof notvvythstanding tvvo are novv disceased and their places L. Keeper L. Chamberlaine supplied to Leycesters good liking yet alas the vvisdom of thes vvorthie mē hath discouered alvvayes more then their authorities vvere able to redresse the others great povver and violence considered and for the residue of that benche and table though I doubt not but there be diuers vvho do in hart detest his doinges as ther vvere also no doubt among the Councellors of king Edvvard vvho misliked this mans fathers attemptes though not so hardie as to contra●ie the same yet for moste parte of the Councell present they are knovven to be so affected in particular the one for that he is to him a brother the other a father the other a kinsmā the other an allie the other a fast obliged friend the other a fellovv or folovver in faction as none vvil stand in the breach against him none dare resist or encounter his designements but euerie man yeelding rather to the force of his flovve permitteth him to pearce passe at his pleasure in vvhat soeuer his vvil is once setled to obteine And hereof vvere I not stayed for respect of some vvhom I may not name I could alledge straunge examples not so much in affaires belonging to subiectes and to priuate men as vvere the cases Maters vvherin the Coūcel are inforced to vvink at Leycester of Snovvden forrest Denbigh of Killingvvorth of his faire Pastures fovvlie procured by Southam of the Archbishop of Cāturburie of the L. Barkley of Sir Iohn Throgmartō of M. Robinson and the like vvherin those of the Councell that disliked his doinges least dared to oppose them selues to the same but also in thinges that appertaine directly to the Crovvn dignitie to the state and commō vveale and to the safitie and continuance therof It is not secure for anie one Coūcellor or other of authoritie to take notice of my Lordes errors or misdeedes but vvyth extreme peril of ther ovvn ruin As for example in the beginning of the rebellion in Ireland vvhen my Lord of Leycester vvas in some disgrace and consequentlie as he imagined Leycester intelligēce vvyth the rebelliō in Irelande but in fraile state at home he thought it not vnexpedient for his better assurance to hold some intelligence also that vvaye for al euentes and so he did vvherof ther vvas so good euidence and testimony found vpon one of the first of accompt that vvas there slaine as honorable personages of they re knovvledge haue assured me as vvoulde haue bene sufficient to touch the lyfe of aine subiect in the land or in anie state Christian but onelie my Lord of Leycester vvho is a subiect vvythout subiection For vvhat think you durst anie man take notice hereof or auo vvche that he had seene thus muche durst he that tooke it in Ireland deliuer the same vvher especialy he should haue done or they vvho receyued it in Englād for it came to great handes vse it to the benefit of their Princesse and countrie No surelie for yf it had bene but onelie suspected that they had seene such a thing it vvould haue bene as daungerous vnto them as it vvas to Acteon to haue sene Diana her maydens naked vvhose Acteons case novv come in England case is so common novv in England as nothing more so do the examples of diuers vvell declare vvhose vnfortunate knovvlege of to many secrets brought them quicklie to vnfortunate endes For vve heare of one Saluatore a straunger long Saluatore Slaine in his bed vsed in great Mysteries of base affaires and dishonest actions vvho aftervvard vppon vvhat demerite I knovv not susteined a hard fortune for being late vvith my Lord in his studie vvell neare vntill midinght yf I be rightelie informed vvent home to his chambre and the next morning vvas founde slayne in his bed VVe heare also of one Doughtie hāged in hast by Captaine Drake vpon Doughty hāged by Drake the sea and that by order as is thought before his departure out of England for that he vvas ouer pryuie to the Secretes of this good Erle Ther vvas also this last sommer past one Gates The story of Gates hāged at Tiborne hanged at Tiborne amonge others for robbing of Carriars vvhich Gates had bene latelie clark of my Lords kitchinge and had layed out much mony of his ovvne as he said for my L. prouision being also othervvise in so greate fauour and grace vvith his L. as no man lyuing vvas thought to be more priuy of his secrets thē this mā vvher vpō also it is to be thought that he presumed the rather to commit this robberie for to such thinges doth my Lordes good fauour most extende and being apprehēded in daunger for the same he made his recourse to his honour for protestiō as the fashon is and that he might be borne out as diuers of lesse merite had bene by his Lordship in more heynous causes before him The good Erle ansvvered his seruant and deare Priuado curteouslie and assured him for his lyffe hovv so euer for vtter shevv or complement the forme of lavv might passe against him But Gates seing him self cōdemned nothing novv betvven his heade and the halter but the vvorde of the Magistrate vvhich might come in an instante vvhen it vvould be to late to send to his Lorde remembring also the smal assurance of his said Lords vvord by his former dealinges tovvardes other men vvherof this man vvas to much pryuie he thought good to sollicit his case also by some other of his frindes thoughe not so puisant as his L. and master vvho dealinge in deed both diligentlie and effectuallie in his affaire founde the mater more difficult a great deal then ether he or they had imagined for that my Lord of Leycester vvas not onely not his fauorer but a great hastener of his death vnder hād and that vvith such care diligence vehemencie and irresistable meanes hauing the lavv also on his syde that ther vvas no hope at all of escaping vvhich thing vvhen Gates heard of he easelie belieued for the experience he had of his Masters good
Chauncelor besides of the same Vniuersitie vvher he hath store as you knovve of manie fine vvittes good Leycester master of arte and a cunning Logitioner Logitioners at his cōmandmēt and vvher he learneth not onelie the rules and arte of cunning gathering but also the verie practize as I haue touched before seyng there is no one College or other thing of commoditie vvythin that place vvherhence he hath not pulled vvhat so euer vvas possiblye to be gathered eyther by arte or violence SCHOL Touching Oxeford said I for that I am an Vniuersitie man my self and haue both experience of Cambrige and good aequaintaunce vvith diuers studentes of the other Vniuersitie I can tel you ●ey abusing and spoyli●g of Oxford enough but in fyne al tendeth to this conclusion that by his Chauncelorship is cancelled almost al hope of good in that Vniuersitie and by his protection it is like soone to come to destruction And surelie if ther vvere no other thing to declare the oddes and difference betvvixt him and our Chauncelor vvhom he cānot beare for that euery The L. treasurer vvay he seeth him to passe him in al honour and vertue it vvere sufficient to behold the present state of the tvvo Vniuersities vvherof they are heades and gouernours For our ovvn I vvil not say much lest I might perhaps Cābrige seme partial but let the thing speak for it self Cōsider the fruit of the garden therby you may iudge of the gardiners diligence Looke vpon the Bisshoprickes pastorshippes and pulpits of England and see vvhence principalie they haue receiued their furniture for aduauncemēt of the Gospel And on the contrarie side looke vpon the Seminaries of Papistrie at Rome and Rhems vpon the Colleges of Iesuists and other compagnies of Papystes Beyond the seas and see vvher-hence they are especiallie fraught The Priestes and Iesuists here executed vvythin the land and other that remaine either in prison or abrode in corners are they not al in a maner of that Vniuersitie I speake not to the disgrace of anie good that remaine ther or that haue issued out thence into the Lords vyneyard but for the moste parte ther of this our tyme haue they not either gone beyond the seas or lefte their places for discontentment in Religion or ells become seruing mē or follovved the bare name of lavve or Phisick vvythout profiting greatlie therin or furdering the seruice of Gods Church or their common vvealth And vvhethence I pray you ensueth al this bur by reason that the chiefe Gouernour therof is an Atheist him self and vseth the place onlie for gayne and spoile for herehence it commeth that The disorders of Oreforde by the vvickednes of their Chācellour al good order and discipline is dissolued in that place the feruour of studie extinguished the publique lectures abandoned I meane of the more parte the Tauernes and ordinarie tables frequented the apparel of studentes grovven monstruous and the statutes and good ordinaunce both of the Vniuersity of euerie College and hall in priuate broken and infringed at my Lordes good pleasure vvythout respect either of othe custome or reason to the contrarie The heades and officers are put in out at his onlie discretion the scholars places either solde or disposed by his letters or by these of his seruauntes and folovvers nothing can be had there novv vvythout present money it is as common buying and selling of places in that Vniuersitie as of horses in Smithfeild vvherby the good vertuous are kept out and compagnions thrust in fit to serue his L. aftervvard in al affaires that shal occure And as for Leases of farmes VVoodes Pastutes Leases Personages Benefices or the like vvhich belong anie vvay to anie parte of the Vniuersitie to let or bestovv these his L. and his seruauntes haue so fleesed shorne and scraped alredie that there remayneth litle to feed vpon hearafter albeit he vvant not stil his spies and intelligencers in the place to aduertise him from tyme to tyme vvhen anie litle nevv morsel is offred And the Principal Leycester instruments instrumentes vvhich for this purpose he hath had there before this haue bene tvvo Phisitians Baylye and Culpeper both knovvē Papistes a litle vvhile ago but novv iuste of Galens religion and so much the fitter for my Lords humour for his Lordship doth alvvayes couet to be furnished vvyth certaine chosen men about him for diuers affaires as these tvvo Galenistes for agentes in the Vniuersitie Dee Allen tvvo Atheistes for Figuring and Coniuring Iulio the Italian Lopas the Ievve for Poysoning for the arte of destroying children in vvomens bellies Verneys for Murderynge Digbyes for * At Digbys house in vvarvvik shire Dame Lettice laye and some other such peeces of pleasure Bavvdes and the like in other occupations vvhich his Lordship exercyseth VVherfore to returne to the speach vvhere vve began moste cleare it is that my Lord of Leycester hath meanes to gaine and gather also by the Vniuersitie as vvel as by the coūtrie abrod VVherin as I am tolde he beareth him self so absolute a Lord as yf he vvere their king and not their Chauncelor Nay far more then yf he vvere the general and particular founder of al the Colledges and other houses of the Vniuersitie no man daring to contrarie or interrupt the least vvorde or signification of his vvil but vvyth his extreame daunger vvhich is a proceding more fit for Phalaris the Tyraunt or some Gouernour in Tartarie then for a Chauncelor of a learned Vniuersitie LAVV. To this ansvvered the Lavvyer for my Lords vvrath tovvardes such as vvil not stande to his iudgement and opinion I can my self be a sufficient vvitnes vvho hauing had often occasion to deale for cōposition of matters betvvixt his Lordship and others haue seene by experience that alvvaies they haue sped best vvho stood lest in cōtention vvyth him vvhat soeuer their cause vvere For as a great violēt riuer the more it is stopped or cōtraried the more it riseth and svvelleth bigge and in the end deiecteth vvith more force the thing that made resistaunce so his Lordship being the great and mightie Potentate of this Realm The perill of stāding vvith Leicester in anything and accustomed novv to haue his vvyll in all thinges can not beare to be crossed or resisted by anie man though it vvere in his ovvn necessarie defence Hereof I haue seene examples in the causes of Snovvden forest in VVales of Denbighe of Killingvvorth of Drayton and others vvhere the parties that had interest or thought them selues vvrounged had bene happie yf they had yeelded at the first to his Lordships pleasure vvythoutfurther question for then had they escaped much trouble charges displeasure and vexation vvhich by resistaūce they incurred to ther great ruine and * Poore men resistīg VVarvvikes inclosure at North hal vvere hanged for his pleasure by Leicesters authoritie losse of lyfe to some and in the end
vvere faine also to submit them selues vnto his vvil vvith far vvorse conditions then in the beginning vvere offred vnto them vvhich thing vvas pitiful indeed to behold but yet such is my Lords disposition GENTL A noble disposition quoth the Gentleman that I must giue him my Coat yf he demand the same and that quicklie also for feare least yf I staggar or Great Tyrannie make doubt therof he compel me to yeeld both Coat and Doublet in penaunce of my staye I haue red of some such Tyranntes abrode in the vvorld Marie their end vvas alvvayes according to their lyfe as it is verie like that it vvilbe also in this man for that ther is smal hope of his amendment and God passeth not ouer commonlie such matters vnpunished in this life as vvel as in the lyfe to come But I pray you Sir seing mention is novv made of the former oppressions so much talked of throughout the Realm that you vvil take the paines to explaine the substaunce therof vnto me for albeit in general euerie man doth knovv the same and in hart do detest the Tyrannie therof yet vve abrode in the countrie do not vnderstand it so vvel and distinctlie as you that be Lavvyers vvho haue seene and vnderstood the vvhole processe of the same LAVV. The case of Killingvvorth and Denbighe said the Lavvyer are much alike in mater and maner of proceding though different in tyme place and importance For that the Lordship of Denbighe in The Lord sh●ppe of Dēbighe Leyces oppressiō vsed the●ī North vvales being giuen vnto him by her Ma. a gteat vvhile agoe at the beginning of his rysing vvhich is a Lordship of singular greatimportaūce in that countrie hauing as I haue heard vvel nere tvvo hundreth vvorshipful Gentlemen free-holders to the same the tennauntes of the place considering the present state of thinges hauing learned the hungrie disposition of their nevv Lord made a common purse of a thovvsand poundes to p●esent him vvythal at his first entraunce VVhich though he receyued as he refuseth nothing yet accōpted he the summe of smal effect for satisfacction of his appetit and therfore applied him self not onelie to make the vtermoste that he could by leases such like vvayes of commoditie but also vvould needs enforce the Freeholders to raise their olde rent of the Lordship from tvvo hundreth and fiftie poundes a yeare or there aboutes at vvhich rate he had receiued the same in guift from her Ma. vnto eight or nine hundreth poundes by the yeare For that he had found out forsooth an olde recorde as he said vvherby he could proue that in aunciēt tyme long past that Lordship had yelded so much olde rent therfore he vvould novv enforce the present tennauntes to make vp so much againe vpon their landes vvhich they thought vvas against al reason for them to do but my L. perforce vvould haue it so and in the end compelled thē to yeld to his vvil to the impouerishing of al the vvhole countrie about The Manor of Killīgvvorth and Ley. oppressiō ther. The like proceding he vsed vvyth the tennauntes about Killingvvorth vvher he receyuing the said Lordship Castle frō the Prince in guifte of tvvēty fovver poundes yearlie rent or ther about hath made it novv better then fiue hundreth by yeare by an olde recorde also found by great fortune in the hole of a vval as is giuen out for he hath singular good luck alvvayes in finding out recordes for his purpose by vertue vvherof he hath taken from the tennauntes rovvnde aboute their landes VVooddes Pastures and Commous to make him self Parkes Chaces and other commodities thervvyth to the subuersion of manie a good familie vvhich vvas mainteyned ther before this devourer set foote in that countrie But the matter of Snovvden Forest doth passe al The case of Snovvden forest most pittiful the rest both for cuning and crueltie the tragedie vvherof vvas this He had learned by his intelligencers abrode vvherof he hath great store in euerie parte of the Realm that ther vvas a goodly aunciēt Forest in Northvvalles vvhich hath al most infinit borderers about the same for it lieth in the middest of the country beginning at the hills of Snovvden vvherof it hath his name in Carnarvan shite and reacheth euery vvay tovvards diuers other shires VVhen my Lord heard of this he entered presentlie into the conceit of a singular great pray and going to her Maiestie signified that her highnesse vvas often tymes abused by the incroching of such as dvvelt vpon her Forestes vvhich vvas necessarie to be restreined and therfore beseched her Maiestie to bestovve vpon him the incrochementes onelie vvhich he should be able to finde out vpon the forest of Snovvden vvhych vvas graunted And ther vpon he chose out commissioners fit for the purpose and sent them into VVales vvith the like commission as a certaine Emperour vvas vvount to giue his Magistrates vvhen they departed from him to gouerne as Suetonius vvriteth An olde Tyrannical Commission Scitis quid velim quibus opus habeo You knovv vvhat I vvould haue and vvhat I haue neede of VVhich recommendation these commissioners taking to hart omitted no diligence in execution of the same And so going into VVales by such meanes as they vsed of setting one man to accuse an other brought quicklie al the countrie round about in three or fovver shires vvithin the compasse of forest ground and so entred vpon the same for my L. of Leycester VVher vpon vvhen the people vvere amazed and expected vvhat order my Lord him self vvould take therin his L. vvas so far of from refusing anie parte of that vvhich his cōmissioners had presented offered him as he vvould yet furder stretch A ridieulous demonstratiō of excessiue ana●ice the Forest beyond the sea into the I le of Anglesey make that also vvithin his compas boūder VVhich vvhen the commonaltie savve and that they profited nothing by their complaining and crying out of this Tyrannie they appointed to send some certaine number of them selues to London to make supplication to the Prince and so they did Choising out for that purpose a dozen Gentlemen and manie more of the commons of the countrie of LLyn to deale for the vvhole VVho comming to London and exhibiting a most humble supplication to her Ma. for redresse of their oppression receiued an ansvvere by the procuremēt of my Lord of Leycester that they should haue iustice if the commonaltie vvould returne home to their houses and the Gentlemen remaine ther to sollici●e the cause VVhich as soone as they had yeelded vnto the Gentlemen vvere al taken and cast into prison there kept for a great space and aftervvard vvere sent dovvn to Ludlovve as the place most eminent of al these countries ther to vveare papires of periurie and receiue other punishmētes of of infamie for their cōplaining vvhich punishmentes notvvithstanding aftervvarde vpon great su●e of the parties and
reuenge As also doth the disdeigne of certaine checkes disgraces receyued at some tymes especialie that of his last mariage vvhich irketh him so much the more by hovv much greater feare and daunger it brought him into at that tyme and did put his vvidovve in such open phrensie as she raged manie monethes after against her Ma. and is not cold yet but remayneth as it vvere a svvorne enimie for that iniurie and standeth like a fiend or furie at the elbovve of her Amadis to stirre him forvvard vvhē occasion shal serue And vvhat effect such female suggestiōs may The force of female suggestions vvorke vvhen they finde an humour proude and pliable to their purpose you may remember by the example of the Duches of Somerset vvho inforced her husbāde to cut of the head of his onely deare brother to his ovvn euident destruction for her contentation VVherfore to conclude this matter vvythout An euident Cōclusion that the executiō is meat● tyme of her Ma. further dispute or reasō seyng ther is so much discouered in the case as ther is so great desire of reigne so great impatience of delay so great hope and habilitie of succes if it be attempted vnder the good fortune and present authoritie of the competitors seing the plattes be so vvel layde the preparation so forvvarde the fauorers so furnished the tyme so propitious and so manie other causes conuiting together seing that by differring al may be hazarded and by hastening litle can be indaungered the state and condition of thinges vvel vveyed finding also the bandes of duetie so broken alredie in the conspiratours the causes of mislike and hatred so manifest and the solicitours to execution so potent and diligent as vvomen malice and ambition are vvount to be it is more then probable that they vvil not leese their present commoditie especialie seing they haue learned by their Architype or Protoplote vvhich they folovv I meane the conspiracie of Nortumberland and Suffolk in An error of the father novv to be corrected by the sonne king Edvvards dayes that herein ther vvas some error committed at that tyme vvhich ouerthrevv the vvhole land that vvas the differring of some thinges vntil after the kinges death vvhich should haue bene put in execution before For yf in the tyme of their plotting vvhen as yet theyr desygnementes vvere not publyshed to the vvorld they had vnder the countenance of the kinge as vvel they might haue done gotten into their handes the tvvo sisters and dispatched some other fevv affaires before they had caused the yong Prince to die no doubt but in mans reason the vvhole designement had taken place and consequentlie it is to be presupposed that thes men being no fooles in their ovvn affaires vvil take heed of falling into the like errour by delay but rather vvil make al sure by striking vvhile the iron is hoat as our prouerbe vvarneth them LAVV It can not be denied in reason quoth the Lavvier but that they haue manie helpes of doing vvhat they list n 〈…〉 vnder the present fauour countenaūce authoritie of her Ma. vvhich they should not haue after her highnes discease vvhen ech man shal remain more at libertie for his supreame obedience by reason of the statute ptouided for vncertentie of the next successor and therfore I for my parte vvould rather counsail them to make much of her Ma. lyfe for after that they litle knovv vvhat may ensue ot befal their designementes GENTL They vvyl make the most therof quoth the Gētleman for their ovvn aduantage but after that vvhat is like to folovv the examples of Edvvard Richard the secōd as also of Henrie Edvvard the sixt doe sufficientlie for vvarne vs vvhos liues vvere prolonged vntil their deathes vvere thought more profitable to the conspirators not longer Her Ma. lyfe and ●eath to serue the conspirators turn And for the statute you speak of procured by them selues for establishing the incertaintie of the next true sucessor vvheras al our former statutes vvere vvount to be made for the declaration certentie of the same it is vvyth PROVISO as you knovv that it shal not endure longer then the lyfe of her Ma. that novv reigneth that is indeed no longer then vntil them selues be redie to place an other A proclamation vvyth halters For then no doubt but vve shal see a faire proclamation that my L. of Huntington is the onelie next heire vvith a bundle of halters to hāg al such as shal dare once open their mouth for deniall of the same LAVV. At thes vvordes the olde Lavvyer stepped back as some vvhat astonied and began to make crosses Papistical ●lessing in the ayer after theyr fashyon vvherat vve laughed and then he said truelie my masters I had thought that no man had conceyued so euil imagination of this statute as my self but novv I perceiue The statute of cōcealīg the heire apparent that I alone am not malitious For my ovvn parte I must confesse vnto you that as often as I reade ouer this statute or think of the same as by diuers occasions manie tymes I do I feele my self much greeued and afflicted in minde vpon feares vvhich I conceyue vvhat may be the end of this statute to our countrie and vvhat priuie meaning the chiefe procurers therof might haue for their ovvn driftes against the Realm and lyfe of her Ma. that novv reigneth And so much more it maketh me to doubt for Richard going tovvards Hierusalē begā the custome by parlement as Polydore noteth Anno 10. of Rich. 2. to declare the next heire that in al our recordes of lavv you shal not finde to my remembraunce anie one example of such a deuise for concealing of the true inheritour but rather in all ages states and tymes especiallie from Richard the first dovvnevvard you shal finde statutes ordinaunces and prouisions for declaration and manifestation of the same as you haue vvel obserued and tovvched before And therfore this straunge nevv deuise must needes haue some straunge and vnaccustomed meaning God of his mercie graunt that it haue not some straunge and vnexpected euent In sight of al men this is alredie euident that The daunger of our countrie by cōcealing the next heire neuer countrie in the vvorld vvas brought into more apparent daunger of vtter ruin then ours is at this daye by pretence of this statute For vvher as ther is no Gentleman so meane in the Realm that cannot giue a gesse more or lesse vvho shal be his next heire and his tennauntes soone coniecture vvhat manner of person shal be theyr next Lord in the title of our noble Crovvn vvherof al the rest dependeth nether is her Ma. permitted to knovv or saye vvho shal be her next successor nor her subiectes allovved to vnderstand or imagine vvho in right may be their future soueraigne An intollerable iniurie in a matter of so singular importaunce For alas vvhat should become of
it is a general and common The rule of thirds rule of lavv that the vvyfe after the decease of her husband shal enioy the thyrd of his landes but yet the Queene shal not enioye the third parte of the Crovvn after the kings death as vvel appeareth by experience and is to be seene by lavv Anno. 5. 21. of Edvvard the third and Tennant by courtisie Anno. 9. 28. of Henrie the sixte Also it is a common rule that the husband shal hold his vvyues lands after her death as tennaunt by courtisie duringe his life but yet it holdeth not in a kingdom In like maner it is a general and common rule Diuision among daughters that if a man die seased of lād in fee simple hauing daughters and no sonne his landes shal be deuided by equal portions among his daughters vvhich holdeth not in the Crovvn but rather the eldest daughter inheriteth the vvhole as if she vvere the issue male So also it is a common rule of our lavv Executours that the executour shal haue al the goodes and chattels of the testatour but yet not in the Crovvn And so in manie other cases vvhich might be recited it is euident that the Crovvn hath priuiledge aboue others and can be subiect to no rule be it neuer so general except expresse mention be made therof in the same lavv as it is not in the former place and a statute alleaged but rather to the contrarie as after shal be shevved ther is expresse exception for the prerogatiue of such as descend of Royal blood Their second reason is for that the demaund or The secōd reason title of a Crovvn cannot in true sense be comprehended vnder the vvordes of the former statute forbidding Aliens to demaund heritage vvithin The Crovvn no such inheritaunce as is meant in the statute the alegiaunce of England and that for tvvoe respectes The one for that the Crovvn it self cannot be called an heritage of alegiaunce or vvithin alegiaunce for that it is holden of no superior vpon earth but immediatelie from God him self the seconde for that this statute treateth onlie and meaneth of inheritaunce by discēt as heire to the same for I haue shevved before that Aliens may holde lādes by pourchase vvithin our dominion then say they the Crovvn is a thing incorporat descēdeth not according to the cōmon course of other priuate inheritaunces but goeth by succession as other incorporations do In signe vvherof it is euident The Crovvn a corporation that albeit the king be more fauoured in al his doinges then anie common person shal be yet cannot he auoide by lavv his grauntes and letters patentes by reason of his nonage as other infantes common heires vnder age may do but alvvayes be said to be of ful age in respecte of his Crovvn euen as a Prior Person Vicare Deane or other person incorporat shal be vvhiche cannot by anie meanes in lavv be said to be vvithin age in respect of their incorporations VVhich thing maketh an euident difference in our case frō the meaning of the former statute for that a Prior Deane or Person being aliens and no denizens might alvvayes in tyme of peace demaund landes in England in respect of their corporations notvvythstanding the sayd statute or common lavv against aliens as apeateth by manie boke cases yet extant as also by the statute made in the tyme of K. Richard the secōd vvhich vvas after the foresaid statute of king Edvvard the third The third reason is for that in the former statute The third reason it selfe of K. Edvvard ther are excepted expreslie frō this general rule INFANTES DV ROY that is the The Kīgs issue excepted by name kings ofspring or issue as the vvord INFANT doth signifie bothe in Fraunce Portugale Spaine and other countries as the latin vvord liberi vvhich ansvvereth the same is taken commonlie in the L. liberorum F. de verb sign Ciuil lavv Neither may vve restreine the french vvordes of that statute INFANTES DV ROY to the kings childrē onlie of the first degre as some do for that the barraynnes of our lāguage doth yeld vs no other vvorde for the same but rather that therby are vnderstood as vvel the nephevves and other discendantes of the king or blood Royal as his immediate children For it vvere both vnreasonable and ridiculous to imagine that K. Edvvar● by this statute vvould goe about to disinherit hi● ovvn nephevves yf he shoulde haue any borne ou● of his ovvn aleagiaunce as easilie he myght a● that tyme his sonnes being much abrode from England and the blacke Prince his eldest sonne hauing tvvoe children borne beyonde the seas and consequentlie it is apparent that this rule o● Maxima set dovvn against Aliens is no vvay to be stretched against the descendantes of the king or of the blood Royal. Their fourth reason is that the meaning of king The fovvrth reason The kīgs meaning Edvvard and his children liuing at such tyme as this statute vvas made could not be that anie of their linage or issue might be excluded in lavv from inheritaunce of their right to the Crovvn by their forreine byrth vvhersoeuer For othervvise it is not credible that they vvould so much haue dispersed their ovvn bloode in other countries as they did by giuing their daughters to straungers and other meanes As Leonel the The matches of England vvyth forreyners kinges third sonne vvas married in Millan and Iohn of Gaunte the fourth sonne gaue his tvvoe daughters Phylippe and Katherine to Portugal Castile and his neipce Ioan to the king of Scottes as Thomas of VVoodstock also the yongest brother married his tvvoe davvghters the one to the king of Spain and the other to the Duke of Brytane VVhich no doubt they being vvyse Princes and so neere of the bloode Royal vvould neuer haue done yf they had imagined that herebie their issue should haue lost al clayme and title to the Crovvn of England and therfore it is moste euident that no such barre vvas then extante or imagined Their fift reasō is that diuers persons borne out The fifte reason Exāples of forreiners admitted of al English dominion and aleagiaunce both before the conquest and sithence haue bene admitted to the succession of oure Crovvne as lavvful inheritours vvythoute anie exception againste them for theyr forreyne byrthe As before the conquest is euident in yong Edgar Etheling borne in Hungarie and thence called home to inherit the Crovvn by his great vncle king Edvvard the Confessor vvith ful consent of the vvhole Realm the Bishop of VVorcester being sent as Ambassador to Flores hist An. 1066. fetch him home vvith his father named Edvvard the ovvtlavve And since the conquest it appeareth plainlie in kinge Stephen and kinge Henrie the seconde bothe of them borne out of English dominions and of Parentes that at their birth vvere not of the English alleagiaunce and yet vvere they both