enviers giue a like revenge when abilitie and opportunitie serveth Whither were it good policie wisdome or naturalnesse to kindle a fire in his neighbours house the which hee is assured will set his owne house in fire or rather to quenche that fire with all his power Whither Scotland were able to resist the malice of the Spaniard if hee were King of Spaine Flanders England Ireland c. Whither the Scottish King desire or seeke the crown of England by conquest or by good right and title therevnto after her Maiesties decease If by right and good title what preiudice or offence were it vnto him to haue it iudged and established by act of Parliament whereby he may come by it and enjoy it with peace and with the loue good-will of all your nobilitie and commons of this land For God forbid that he should not haue it willinglie yeelded vnto him if it be his right for god would accurse this land for their iniurie and iniustice if they should wrongfullie detain it from him If he haue no right or title thereunto would it not be a great benefite vnto him to haue his expectation and opinion opened and satisfied by large argumentes yea and iudged by Parliament thereby to keep this Realme his also in peace loue and quietnesse avoiding open hostilitie the which by manie bloodie battailes would so weaken both the Realmes as they were like to become a praie to the enemie and thereby also to nourish entertaine and continue that loue amitie which is now betweene both the Realmes to both their preservations here after and great comforts and also to the preservation of the holie Religion of Iesus Christ now established preached openlie professed and taught in both these blessed Realmes the onely cause of all the malice to both by the Princes of the league If the successor were setled by Parliament and the title of the crowne given from the Scottish king lawfullie to another hee having the fore-knowledge of the Parliament and of the intent of the calling thereof and beeing required eyther to bee present thereat or to send his learned counsell thither and allowed to haue and retaine Lawiers learned in our Englishe lawes to pleade and defend his title I say if this true iustice be duelie vprightlie weighed in an equal ballance and this kindnes offered vnto the Scottish King what cause hath he to become our enemie or for revenge sake to let in or aide the Spaniard to subvert our state consequentlie to endanger his own And all because her Maiestie should by godlie lawfull and the most peaceable meanes that could be possiblie devised seeke and indevour to preserue both the Realmes of England Scotland Both which beeing fast linked and chained together with the strong and godlie linkes and chaines of true loue and Religion and with the sure amitie thereof God will so take their parts and strengthen them that they should not neede to feare the malice and enemitie of anie Princes of the earth And I doe perswade my selfe that the christian Scottish king and his christian nobilitie haue such a naturall loue and care to the preservation of their common-wealth that if they were conferred with they would yeeld willinglie to haue his title to the crowne quyetlie vprightlie and lawfullie iudged and determined by Parliament to the preservation of both the realmes Sure I am that both godlines and wisdome woulde it shoulde be so in respect of both their safeties I astlie if it so fall out that he will of will be offended for setling of the successor yet it will betoken in vs a more godlie regarde and truth to the state rather to offend him by preserving of it then to please him either be perilling of it or suffering this worthie realme to be vtterlie subverted For it will be farre an easier matter to recover his favour beeing lost then to recover the state being overthrowne And the state is and ought to be a Iewell of greatest price and of most account with vs next vnto the Gospell of Iesus Christ Sure I am and in reason it cannot be avoided but the time will come and the wisest knoweth not how soon that if this title bee not quietlie determined and setled by authoritie of Parliament in her Maiesties life the which God long lengthen that both the realmes of England and Scotland will dolefullie rue it For they both are like to become through their vngodlie dissension prayes for a strange people O wofull cruel lamentable time Let such as sit at the helme rule the stearns of the ships of both these our common-wealths with great care haue dutiful regard vnto this weighty service in time if there be in thē either loue naturall care to posteritie or pitie and compassion to avoide the shedding of so much innocent blood by manie bloodie battailes as may make rivers to runne Let such eftsoones I say as rule the stearns of both the common-wealthes of England Scotland lovinglie kindlie conferre consult and prevent the overthrowes of both Church and common-wealthes in both their countries that spedily for the holy Ghost saith whatsoever Ezra 7. 23. is by the commādement of the God of heaven let it be done speedilie for the hous of the God of heavē for why should he be wroth with the king and his children And I thinke it no presumption to affirme that princes and magistrates are ordained and commanded of God to preserue both Gods Church and Gods people as the text saith and that speedilie even when they see them in vnavoydable perill without their helpes and much the more sithence that perils may come vnexpected and sodainlie And sithence that the wisest knoweth not how soone let wise magistrats and counsellors beware of that wofull counsellor Had I wist who ever cometh to late and is alwaies a repentant coūsellor remedilesse My simple capacitie iudgeth it to be a fearefull presumptuous sinne yea and a tempting of God in both English and Scottish magistrates to hazard the pretious pearles of the imperiall crownes of both these noble realmes vppon the vncertaine life of one albeit never so much wished desired to be drawne on length by all true and faithfull English hearts yet not to be attained for God hath appointed the certaine time though it bee vncertaine and vnknowne to anie And when that dolefull time shall once come no earnest wailing wishing or sighing can recover it againe And so I recommend this simple labour to your honors wise graue iudgements deeming that the preservation or ruine of the realme of England in this case will be the same vnto the realme of Scotland and therefore to be carefullie considered of both And so to conclude I may affirme in my simple iudgement that the setling of the successor by Parliament equity authoritie will be an especiall good meane to increase and long to continue true faithfull loue and amitie betweene our Christian Queene her
to haue beene aliue would not haue made some hinderance or stop at least some challenge at the time of his mariage with the Ladie Margaret Teuther So as this Ladie might more easilie and honourablie haue shrunke back from the mariage and avoided it before it was solemnized then to haue sought to dissolue it it being once accomplished and admit that this was the cause yet it can stand with no reason that she should deferre it whole foure yeeres and more and after all this while to seek then to be divorced from him when he had issue by her But they that are but meanlie acquainted with the Scottishe histories knowes that this is non causa pro causa and that the true cause was because the Erle fel in loue with a gentle woman of Douglas-dale whome hee kept as his concubine which his Ladie took so to heart as she would never be reeonciled to him after that by this act he had defiled her bed such was her Princelie minde And it is reported of king Iames the fift that hee was accustomed to aske such of his servants as were moste inwarde with him whither the said gentle-woman were fairer then his mother So this act of the Earle of Angus falling out about some fowre yeeres after the birth of the Ladie See Holins compare pag. 303. with 306. in the Scottish historie Margaret Douglas his daughter can no whit stain or embase her in blood being begot and borne in lawfull mariage But for further proofe of the legitimation she was alwaies by all men taken reputed as the sole and onlie heire to the Earle of Angus and served as they call it by the Scottish lawes to the said Earedome and had all the evidences writtings Pag. 335. of the same delivered to her as to whome of right they did appertaine But vpon the mariage of her sonne the Lord Darnlie with the late Queene of Scots she was content at the said Queenes instance to permit and yeeld the said Earledome to the disposing of the Queene according her best liking which honor and Earledome the said Queene of Scots did bestow vpon Archbald late Earle of Angus Fran. Thyne in his supplem to Holinshed all which you may see at large in the Scottish and English Chronicles And my Lord Dowglas who at this present hath his lodging in Lyme-street was the man as I take it that was sent from the said Queene to the Ladie Margaret beeing then prisoner in the Tower to treate of the resignation of the Earledom with this message It was a wel lost Earledome which brought home a kingdom These are sound proofes that the L. Margaret was no bastard and that this which is brought to impeach her legitimation beeing truelie delivered doth maynlie strengthen the same For mine own part I make no question if her Maiesty would be pleased but that my Lord Treasurer who hath sifted this matter more then anie man and who is esteemed of all men to bee warie and wise enough and not to bee any of the Scottishe Kings greatest friends would venture Sir Roberts young sonne though he be vnder yeeres vppon Ladie Arbella her title albeit it come by this onely branche of the Ladie Margaret Dowglas and come also even in it a degree after the king and his children And that you may the better belieue me I pray you be remembred what attempt my Lord made for one of Sir Thomas his sonnes To cōclude this point whatsoever right my L. doth giue by this branch to the said king collaterallie with Ladie Arbella I see no reasō why any other mā should seek to take it from him knowing that most men comes shorte of my Lord in the search and knowledge of this matter but verie few or none short of my L. in favour and affection towards him The obiection made against his mothers line is not so much the argument of any competitor or anie of their favourers or the doubt of anie of the skilfuller and better sorte as a scruple bred in the minds of the common people arising frō I know not what buzing reporte of an act of Association the truth of which is this During the custodie of the Scottishe Queene there were diuerse conspiracies practized by Iesuites and other Papists male-contentes against our Soveraigne Ladie not without the knowledge and privitie of the said Queene which course of conspiracies treasons when the LL. of her Maiesties moste honorable privie councell did discerne that they could by no meanes stop so long as the Scottish Queene lived and withall that the only remedie to prevent them was that the Law should take place for her triall Yet fearing that her execution if she should bee found guiltie might be the cause of great sturres troubles by reason of her great factions in the neighbour Realmes and of her favourers in this land it seemed good to them for withstanding and repressing of such commotions if anie shoulde ensue and for the better maintenance of the peace and tranquillitie which the state did enioy to make an act of Association the tenor whereof for your better satisfaction further instruction I haue thought good to set down at large as followeth AN INSTRVMENT OF ASsociation for the preservation of the Queenes Maiesties person made An. 1584. and confirmed by an act of Parliament Anno Reg. Eliz. 27. FOrasmuch as Almightie God hath ordained Kings Queenes and Princes to haue dominion and rule over their subiects and to preserue them in the profession and obseruation of the true Christian Religion according to his holie Word and commandement and in the like sort that all subiectes shoulde loue feare and obey their Soueraigne prince beeing king or Queene and to the vttermost of their povver at all times vvithstand pursue and suppresse all manner of persones that shall by any meanes entend and attempt any thing dangerous and hurtfull to the honours states and persons of their Soueraignes Therefore vvee vvhose names are or shall be subscribed to this vvryting being naturall borne subiects of this Realme of England and having so gracious a Ladie Elizabeth by the ordināce of God our most rightfull Queene raigning over vs these many yeeres vvith great felicitie to our inestimable comfort and finding of late by diuerse depositions confessions and sundrie aduertisements out of forraine parts from credible persons vvell knovvne to her Maiestie counsell and diuerse others for the furtherance and aduancement of some pretended titles to the crovvne of this Realme it hath beene manifest that the life of our most gracious Soueraigne Ladie hath bene most trait erouslie and diuelishlie sought and the same follovved most dangerouslie to the perill of her person if Almightie God her perpetuall defender of his mercie had not reuealed and vvithstood the same by vvhose life vve and all others her Maiesties true and loyall subiects doe enioy an inestimable benefite of peace in this land DOE FOR the reasons and causes before alleadged
not only acknovvledge our selues most iustly bound vvith our bodies liues lands goods in her defence and for her safety to pursue and suppres all such mischeuous persons all other her enemies of vvhat nation or degree soeuer they shal be or by vvhat colour and title they shall pretend to be her enemies or attempt any thing against her person but vve do also think it our most bounden duties for the great benefite of peace vvealth godlie government vvhich vve haue more plentifully receaued these many yeeres vnder her Maiesties gouernment then our fore-fathers haue done in any longer time of any other her progenitours kings of this Realme to declare by this vvryting make manifest our bounden duties to our saide Soveraigne Lady for her safety And to this end vve and euery of vs first calling to minde the holie name of the Almighty God do voluntarly vvillingly binde our selues euerie one of vs to the other iointlye and seuerallye in the bond of a firme loyall societie And heereby svveare and promise before the Maiesty of Almighty God that vvith our vvhole povvers bodies liues lands and goods vvith our children seruants vve and euery one of vs vvill faithfullie serue and humbly obey our said Soveraigne Lady against all estates dignities earthly povvers vvhatsoeuer and vvill asvvell vvith our ioint as particular forces during our liues vvithstand offend and pursue asvvell by force of armes as by al other meanes of reuenge all manner of persons of vvhatsoeuer estate they shall bee and their abettors that shall by any act counsell or consent do any thing that shall tend to the harme of her Maiesties royal person And vve shal neuer desist from all maner of forcible pursute against all persons to the vttermost extermination of them their counsellers aiders and abettors And if any such vvicked attempt against her Royall person shall be taken in hand or procured vvhereby any that hath may or shall pretend title to come to this croun by the vntimely death of her Maiesty so vvickedly procured vvhich God for his mercies sake forbid may be aduanced We not only svvear and bind our selues not only iointly but seuerally neuer to accept avovv or fauour any such pretended successors by vvhom or for vvhom any such detestable act shall be cōmitted or attēpted or any that may any vvay claime by or frō such a person or pretēded successor as is aforesaid by vvhom or for vvhom such an act shal be attēmpted or cōmitted as vnvvorthy of any gouernement in any Christian Realme or ciuill societie But do also vovv and further protest as vve are most bound and that in the presence of the Eternall euerliuing God to prosecute such person or persons to the death vvith our ioint particular forces to take the vttermost reuenge of thē that by any meanes possible vvee or any of vs can deuise and doe and cause to be deuised and done for their vtter ouerthrovve and exstirpation And to the better corroboration of this our loyall Bond and Association Wee doe also testifie by this Writting that Wee doe confirme the contents heereof by our oathes corporall taken vppon the holie Euangelistes vvith this expresse condition that no one vs shall for anie respecte or persons or causes or for feare or revvarde separate our selues from this Association or faile in the prosecution thereof during our liues vppon paine to be by the rest persecuted and suppressed as periured persons and as publicke enemies to God and our Queene and our natiue countrie To vvhich punishement and paines Wee doe voluntarlie submit our selues and euerie of vs vvithout benefite of anie exception to bee heereafter challenged by anie of vs vnder anie colour or pretext In vvitnesse of al vvhich premisses to be inuiolably kept We do to this vvriting put our hands and seales shall be most ready to accept and admit any other hereafter to this our society association Dated An. Dom. 1584 THis Act was made vp into severall instruments and sent to severall shyres for obtaining a generall approbation and consent vnder the noble-mens and gentle-mens hands and seales whervnto manie of a preposterous zeale did redilie yeelde diverse of the wiser sort of all degrees and states of persons refused modestlie to ratifie and confirme the same because by due examination hereof they perceived that the generall words therin contained might easilie bee wrested to a verie hard construction contrarie to equitie and the minds of the makers therof And further they iudged it vnconscionable that such as might pretend title to the crowne beeing in their owne persons guiltie of no heinous offence though they by whome they shoulde claime were convict thereof shoulde vtterlie from hence bee debarred of their right This opinion howsoeuer it displeased men at that instant yet at the Parliament ensuing the same being duely weighed an act was made which limited this sharp penalty only to the persons offending without any preiudice to their heires if they were not consenting to any wicked act or attempt devised or enterprised against her Maiesty Which act of Parliament because it strengtheneth and expoundeth the former act of Association and cleerlie dissolveth this great doubt which Dolman esteemeth vnsoluble I haue heer set down as it is in the originall recordes ANNO 27. ELIZ. CAP. 1. FOrasmuch as the good felicity and comfort of the whole estate of this Realn confisteth only next vnder God in the suretie and preservation of the Queenes most excellent maiestie and for that it hath manifestly appeared that sundrie wicked plots and meanes haue of late bene devised and laid aswell in forrain parts beyond the seas as also within the Realme to the great endangering of her highnesse most roiall person and to the vtter ruine of the whole common weale if by Gods mercifull prouidence the same had not bene reuealed Therefore for preventing of such great perils as might heereafter otherwise growe by the like detestable diuelish practises at the humble sute and earnest petition and desire of all the LL. spirituall and temporal and the commons in this present Parliament assembled and by the authority therof BE IT enacted and ordained if at any time after the end of this present Session of Parliament any open invasion or rebellion shall bee had or made into or within any of her Maiesties Realmes and Dominions or any act attempted tending to the hurt of her Maiesties most Royal person by or for any person that shall or may pretend any title to the crowne of this Realme after her Maiesties decease or if any thing shall bee compassed or imagined tending to the hurt of her Maiesties most Royall person by any person or by the priuity of any person that shall or may pretend title to the crowne of this Realme THAT THEN by her Maiesties commission vnder her great seale the LL. and others of her Maiesties priuie counsell and such other LL of Parliament to be named by her Maiestie
as with the said number of the privy counsell shall make vp the number of 24 at the least having with them for their assistance in that behalfe such other of the Iudges of the Courtes of Recorde at Westminster as her highnesse for that purpose shall assigne or appoint or the more part of the same Counsell Lords and Iudges shall by vertue of this act haue authoritie to examine al everie of the offences aforesaid all circumstances thereof and thervpon to giue sentence or judgement as vpon good proofe the matter shall appeare vnto them And that after such sentence and judgement given declaration thereof made and published by her Maiesties proclamation vnder the great seale of England ALL PERSONS against whome such sentence or judgement shall be so given and published shall be excluded and disabled for ever to haue or claime or pretend to haue or claime the crowne of this Realme or of any her Maiesties Dominions any former Lawe or statute whatsoever notwithstanding And that therevpon all her highnes subiects shall and may lawfullie by vertue of this act and her Maiesties direction in that behalfe by all forcible and possible meanes pursue to death every such wicked person by whome or by whose meanes assent or priuitie anie such invasion or rebellion shall bee in forme aforesaid denounced to haue beene made or such wicked act attempted or any other thing compassed or imagined against her Maiesties person and all their actors comforters and abettors If anie such detestable act shall bee execute against her Maiesties most royall person whereby her self shall be taken away which God of his great mercie forbid that then every such person by or for whome anie such act shall be executed Mark this clause * and their issue beeing in anie wise assenting privie to the same shall by vertue of this act bee excluded and disabled for ever to haue or claime or to pretend to haue or claime the said crowne of this Realme or anie other her Maiesties Dominions c. AND TO the end the intention of the Lawe may bee effectuallie executed if her Maiesties lyfe shall bee taken away by anie violent or vnnatural means which God defend BE IT further enacted by the authority aforesaid that the LL. and others which shall bee of her Maiesties privie Counsell at the time of her decease or the more part of the same couÌ„sel joining to theÌ„ for their better assistaÌ„ce fiue other Earles seuen other LL. of Parliam at the least foreseeing that none of the saide Earles LL. or counsell be known to be persons that may make any title to the crouÌ„ choose persons which were chief Iustices of either bench maister of the Rolles and chiefe Baron of the Exchequer at the time of her Maiesties death or in default of the said Iustices maister of the Rolles and chief Baron some other of those which were Iustices of some of the Courts of record at Westminster at the time of her decease to supply their places or anie 24. or more of them wherof eight to be LL. of Parliament not beeing of the privie counsell shall to the vttermost of their power and skill examine the cause and manner of such her Maiesties death and what persons shal bee any way guiltie thereof and all circumstances concerning the same according to the true meaning of the Act and therevpon shall by open proclamation publish the same without any delay by all forcible and possible meanes prosecute to death all such as shall be found to be offenders therein all their aiders and abettors And for the doing whereof and for the withstanding and suppressing of any such powers and force as shall anie way bee leuied sturred for the disturbance of the due execution of this Law they shall by vertue of this act haue power and authoritie not onlie to raise and vse such forces as shall in that behalfe be needfull and convenient but also vse all other things and meanes possible and necessarie for the maintenance of the same forces prosecution of the same offenders And if any such force shall bee levied or sturred in disturbance of the execution of the Law by any person that shall or may pretend anie title to the crown of this Realme whereby this Law may not in al things be fullie execute acording to the true effect and meaning of the same THAT then euerie such person shall by vertue of this act bee excluded and disabled for ever to haue or claime or to pretend to haue or claime the crowne of this Realme or of any other her Maiesties Dominions anie other forme Law or statute whatsoever to the contrarie BE IT further enacted c. That all and everie the subiects of her Maiesties Realmes and Dominions shal to the vttermost of their power aide and assist the said Counsell and al other the Lords and other persons to be adjoined to them for assistance as is aforesaid in all things to beâ— done and executed according to the intention effect of the Lawe And that no subiect of this Realme shall in anie wise bee impeached in bodie lands or goods at any time heereafter for any thing to be done or executed according to the tenor of the Law anie Law or statute heertofore made to the contrarie in any wise notwithstanding And whereas of late manie of her Maiesties good and faithfull subiects haâ—â— in the 〈◊〉 of God and with the testimonie of good conscience by one vniforme manner of writing vnder their hands and seales and by their severall oathes voluntarilie taken joined themselues together in one bond association to withstand to the vttermost all such malicious actions and attempts against her Maiesties Royall person Nowe for the full explaining of all such ambiguities and questions as otherwise might happen to grow by any sinister or wrong construction or interpretation to bee made or inferred of or vpon the words and meaning thereof BE IT DECLARED and enacted c. That the same association and everie article and sentence therein contained aswell concerning the disallowing excluding and disabling of anie person that may or shall pretend anie title to come to the crowne as also for the pursuing and taking revenge of anie person for any such attempt shall or ought to be in all things expounded and adjudged according to the true intent and meaning of this act not otherwise nor against any other person or persons c. THese acts of association and Parliament Dolmans ignorance are by Dolman confounded as if they were both one vncertain whither of grosse ignorance or deep malice In the margent hee calleth them the statute of association whereby if he meane the act of association severallie it seemeth he knew not the statute which expouÌ„deth the act and giveth it the force that it hath and without which it may be as lightlie reiected as it is by him weightily vrged for it is well knowne that by this act of association
all were not bound seeing manie refused to signe and seale the same doubting what particulars might be carried vnder generall tearmes Next these instruments bound onelie the parties agreeing of whom a great number are now dead whose heires succeeding to their fathers places in the common-wealth must also renew in their own persons their fathers bonds before the same proue anie thing preiudiciall Thirdlie manie did yeeld for feare or facility who without all question for such like respects will be also content to yeeld to the contrarie Lastlie it was a private order and no act of Parliament therevpon could be of no force or strength to binde as a law before it was confirmed by Parliament And to yeeld a little further thogh all the hands and seales in England had beene got to it yet it coulde not trulie haue beene got to it yet it coulde not trulie haue beene esteemed or thought to be or haue the force of an act of parliament seeing they were not freelie and iointlie given but secretelie and severallie vrged and begged whereby it is manifest that this matter is more in shew and report then in substance and effect Again if by this statute he meane the Ormalice act of Parliament ratefying and allowing the act of association he manifestlie bewrayeth his impudencie and rooted malice against the Scottish king in misalleaging the words of the statute for whereas the statute bindes not the heires of anie that shoulde attempte or procure the Queens death or be privy or accessory to the same to anie penalty of losse of their right claime title pretence or action that they haue or may haue to the crown of England vnlesse they be consenting there-vnto On the contrarie Dolman wittinglie and willingly against his own conscience as it seemeth perverteth the statute and in alleadging of it leaveth out that clause which he knewe woulde make most against him and cleerelie dissolue that doubt which before he iudged to admit no solution But without doubt if Dolman was impudent in falsifying the statute he will peradventure be nothing ashamed to advouch that the Scottish king was privie to his mothers conspiracies thereby to make that clause of the heires not consenting frustrate and of no benefite to him A shamelesse person may affirme what he will but this were an hard matter to proue and contrarilie it is an easie matter to disproue it for who knoweth not that this were a most malicious slander seeing in all the examinations depositions of such as were convicted for her actions nothing could be found that might sound that way neyther indeede was it possible for the actions of the mother and the sonne was so farre different as the East is from the West the one a papist and a maintainer of superstition the other a protestant and enemie to all superstition the one adhering to that which was falsely called the holy league the other puklikely opposed himselfe to the same and motioned a counter-league the one a follower and favourer of the house of Guise the most pernicious enemie that Engl. had in their time the other in a manner ruled governed by our Soveraigne the surest and firmest friend she hath in Europe as plainlie appeared An. 1588. And brieflie the whole frame course of their liues was in some sort one opposite to the other But to proceede further though I shoulde admit that this clause were left out and that the statute as Dolman alleadgeth tooke hold not onlie vpon the parties offending but also vppon their heires yet the Scottishe king can not be preiudiced in this case of the crown if he may haue the benefit of the like presidēts to lean vnto that others before him haue had without fetching forrain examples which might be infinitelie alleadged I will content my selfe with the proofe of that which I affirme in two kings of this realme of late memorie Edwarde 4. and Henrie 7. who were by Parliaments attainted and holden convicte of high treason notwithstanding this was no impediment or hinderance to them to barr them from enioying the crowne when their time came I am not ignorant that it was aunswered by some concerning them two such others that they came to the crowne as being called by Parliament and not by any vertue and force of their right But it may be more trulie replied to thē that they tel but a tale for all Engl. knoweth that they came in before they were sent for by Parliament claimed it by sword before they were called or then they might haue gone without it for ever Nay the Parliaments did no otherwise admit them at all but in regarde of their rights and claimes And who doubts that the house of Huntington should haue good right if the former rights were spent and ceased notwithstanding the moste of them by whome it doeth claime were by King Henrie the eight and his father King Henrie the seventh for treasons cut off their attainders Margaret countesse of Salisburie her sonne Henry Poole allowed by Parliament I think verilie the Scottishe King is to looke for no lesse favour then so lately her Maiesties grand-father great grand-father haue had yea and all they which since that time without any question or impeachement haue enioyed the scepter by them and which others may hope for if it shall come to their turne And the rather that his loue to our Prince and countrie and the friendship and amitie by him maintained hath bene firmer and surer during all his raigne then it was in the time of any his progenitours notwithstanding hee hath had greater occasions of greevances and they more bonds which might haue tied them vnto vs. M. Bowes making relation of some of the Kings Christian speeches protested that hee hath heard the King say manie times that he would not be touched so much as in thought with a desire of her Maiesties death if it might gaine him the present possession of all her dominions yea of all the realmes and kingdomes of the world And he added further that he heard him discourse most wiselie and religiouslie of the impietie and madnes of some men who by the iust judgements of God haue defeated themselves for ever of that which in due season they might haue come vnto if they had not followed perverse and wicked courses to compas it before the just time at which they shoulde haue got it Lastlie to admit with Dolman that this statute was good and of sufficient force to barre the Queene of Scots and all such as might claime that way yet all this cannot defeate or hinder the Scottishe King of that right which commeth in to him by his father and which hath the firste and next place if his mothers title should abate and surcease as I haue alreadie sufficientlie prooved But this abuse and deceiving of the common people by mis-reporting the tenor and intent of the act of Association is by the like meanes of whispering and
muttering in the eares of the ignorant seconded with an other suggestion and slander more grosse and impudent then the former for the better perswading helping forwardes as it may seeme of the other error So as both of them doth appeare to bee derived from the same fountaine And this is it forsooth that as the Scottishe King is debarred from the The opinion of conferring to the Queen by ParliameÌ„t the establishing of the successor by her last will confuted crowne by one act of Parliament so her Maiestie by another act of Parliament hath the disposing of it referred to her last will of purpose to defeate the saide King as they would beare vs in hand As though her Maiestie were deprived of memorie and reason and had quite forgotten the fruit of such pretended willes of her noble brother and father or delited to followe and embrace such courses by which her sister and shee were like to haue lost their kingdomes liberties and lives or that through ignorance she doth vnder-goe too weghtie a burthen for the whole kingdome to beare to wit to dispose of the crowne by discretion and seeth not that she doth sowe the seede of horrible miseries which are to spring grow from so crabbed and wicked roote But if they will not haue her so forgetful and senselesse as I am sure they will not then are they more iniurious to her who doth make her to seeke purposelie to embarke her moste faithfull and loyall subiectes in moste furious and raging seas of dole-full calamities after her death whome she hath bene so carefull to preserue in all her lifetime and withall will haue her contrary to al her most princelie courses to bee more led with an vniust respect of some person her affection or will then to be ruled with the due regarde of good right the true heire equitie and reason They deserue ill her gracious favours who weigh not so as their lies may take place how highlie they derogate from her sacred honour Howe deepelie they impeache her of falshood in violating her promises and leagues made and ratified with the Scottish king and his mother and so often renued before moste honourable witnesses of both the Realmes and by manie Embassadors at several times I mervaile strangely how they can bee ignorant of her Maiesties most excellent and most wise speech delivered to Metland the Scottish Embassadour concerning this same purpose about the third yeere of her raigne which is extant to the view of all those that can or will read the same both in our Chronicles which are Cum Privilegio and in the Scottish Chronicles permitted to be vsed heere freelie of all men Her speeches were so Princelie and royall and so manifestlie knowne both to the Englishe and Scots that Buchannan though hee Lib. 17. was a Scot coulde not choose but set them down in the same words and with the same grace to her highnesse eternal praise commendation I will alleadge some few sentences onelie in the authors owne wordes which may serue to cleere this matter which wee haue in hande Si quid saieth her Maiestie to the The Queenes speech Englished If it shall please God to cal mee yet your Queene shall never find that I haue done any thing which may hurte or impare that right which shee claimeth to the kingdome of England in aâ—â—iâ—te And I call God to witnesse the hearer of this our conference that I know none next to my self whom I can preferre before her or if the matter shoulde come in controversie that can debar her You knowe what the Competitor are vpon what confidence of ability or power can those simple things attempt so high a matter And I doo highlie commend the wisdome of your noblemeâ— that woulde both provide providently for their owne safetie and avoid by almeanes the effusion of christian bloode which I confesse could not be saued if anie faction shoulde oppose it selfe in the claime of the kingdome But where is that faction or by what coÌ„fidence of any power can it presume so to doe Scottish Embassadour mihi humanitùs acciderit nunquam tameÌ„ illud coÌ„periet Regina vestra quicquam à me factum fuisse quod ius illud quod illa sibi in regnum Angliae esse asseverat aliqua ex parte laedat aut imâ—â—inuat c. And a little after Ac Deum praesentem nostri sermonis arbitrum testor me neminem secundum meipsam nosse queÌ„ illi praeferam aut sires in controversiam veniat qui eam possit excludere Tu qui competant nosti inquit quibus taÌ„dem opibus aut quavirium fiducia misellae illae cantam rem attentabunt c. And in the conference of another day Nec minus prudentiam procerum vestrorum amplector quod suae securitati prospiciant à fundendo Christianâ— sanguine abhorreant cui fate or parci non posset si qua factio se obiâ—ceret quae regnum sibi vendicaret Sed quae tandem illa erit aut quibus viribus freta And so foorth in the whole course of her most Princelie speeche By which Sir you may better discerne and learne from her Maiesties owne mouth then you can by any mal-contents malicious suggestion First what is her opinion concerning the person of the rightfull heire which doth not slip from her vnawarres and not thinking of it but is deliberatlie and most advisedlie delivered accompanied with an attestation of God the hearer and witnes of that conference Secondlie that she doth not at all dislike the desire of the Scottish Queene seeking to haue her right made knowne for the avoiding of bloodshed and such other good respectes notwithstanding shee refused to yeelde to the demand for manie reasons by the authour mentioned Thirdlie that by her iudgement al the rest of the Competitors which wer theÌ„ stronger wiser much more popular then they that are now were vtterlie of no power or force to matche or encounter with the Scottish Queen Fourth lie that shee verie well did discerne and foresee what merciles effusion of Christian blood would ensue if any Competitor shoulde bee set vp against the true heire Lastlie most Princelie promises never to impare or impeache in anie ioâ—e the Scottish Queenes right Therefore the impietie of them who woulde burthen her highnesse with such dishonorable practises contrary to her princelie worde is no lesse damnable then the indignitie offered is punishable for that they make her who is and hath beene ever accounted by al estates according to her Posie Semper eadem most constant The Queenes posie Semper Eadâ—m and faithfull in all her promises and leagues princelie and vprightlie minded in all her speaches pretences and actions and the verie patterne of true clemency for that they make her I say wavering vnfaithfull periured deceitfull and the onelie plotter and contriver of the causes and grounds of most bloodie warres which by her owne confession must fall out amongst faithfull
Christians and such true hearted subiects who haue tendered no thing so much as her safetie and life To perclose this treatise for his right if we may giue any credite to her Maiesty who is more to be beleeved and rested vpon in this case then any subiect in England the Scottishe King needes not to distrust the strength of his title or to feare any dishonorable or vnconscionable courses that shall at anie time proceed from her Maiestie The impediment of king Henrie 8. his will is aunswered by Rosse and the rest whom I haue alleadged other surmises of recordes reserved and laide vp I know not where to his preiudice because the opposers did esteeme them to bee but waking dreames and not worthie to bee alleadged I likewise passe them over as not worthie to be aunswered thinking them in this respect wise that they pestered not their treatises with knowne vntruthes and lies to the discredite of these thinges which otherwise might carrie some colourable shewe and they could not be excused of a grosse oversight who stoode so much vpon testaments willes if there had beene anie likelyhoode of a better recorde Now I come to the other sort of arguments which do maintaine that notwithstanding Dolmans respects answered and retorted his right be the best yet the high Court of Parliament may lawfullie giue it from him to some English-man whome for the respectes ensuing it shall thinke fitte to make choise First there be manie Englishe Competitours who wil hardly indure a stranger to be preferred before them for that they shal never be freed from his ielousie which cannot be without the danger of their liues the disturbance of the quiet and peace of the realme and that to fortifie himselfe against them he shal needs be constrained to bring in forraine forces Secondlie all English-men wil follow English competitours for we cannot patientlie brooke say some the government of strangers and so ioining together for our countries sake wee neede not to feare but that wee shall be strong enough against the Scottish king and all his confederates Thirdlie the two Nations are so alienated through their long and mortall warres as they will never agree Lastlie which is a mayne point the Scottish king will be more affected to his owne advance them to places of chiefe credite countenance about him so as the greatest cōmoditie that Engl. can look for is like to be the increase of more subiects For the better cleering of these incōveniēces which in deede make great impressions in the mindes of manie English-men I will handle these three thinges in order First whither for the alleadged respectes a Parliament can haue that power to take from him his right Secondlie whither these respectes or inconveniences alleadged are like to proue true Thridlie to whom if not to him it can be given with the avoidance of these same or the like or rather greater First for the power of the Parliament The Parliament cannot by any authority it hath take away a Kings right to the crown according to the bounden duetie of a faithfull and loyall subiect and the place which I haue beene vouchsafed in it I do acknowledge and from my hart confesse that it is most sacred most ample large and hath prerogatiues and preheminences farre aboue anie Court what soever which is established by God vnder the heavens But yet with the confidence of a good conscience I am bold to advouch that which is the ground and foundation of al disputation in the Parliament house to witte That the power and authoritie which it hath is straightlie stinted defined with the limites meeres of iustice and equitie and is appointed by God as the power next to himselfe to reforme and redresse wrongs and outrages which can not be holpen by any other meanes and by good and wholesome lawes to procure the peace and wealth of the Realme So as the neerer it is to God the more sound sincere and vpright it ought to be beeing the Court of most pure and exquisite iudgement If therefore by presumption of the great power and authoritie which it hath it doe iniurie to anie man or doe transgresse the bondes of right I say this transgression is accounted of before God not as the sinne of one private man one Prelate noble-man or Citizen but as a combination conspiracie of all the Prelates noble-men Citizens yea and of all the people of the whol land to pronounce for pure iudgement heynous iniquitie from the bench of highest Iustice To this I adde further that a Prince which hath the right as we speake of God he is the ordinance not of anie man but of God appointed and substituted by God himselfe as his deputy for the maintenance of his truth and to minister Iustice according to the good and wholesome lawes of that land over which he doeth place him These grounds thus laide I say if the religious and wise king of Scots having this right of God as the alleadger of these inconveniences doe admit be willing to governe vs according to our owne lawes as no question he will it were the highest iniustice that England could do for such surmises of imagined inconveniēces feared to ensue to goe about to offer or doe to him that wrong which is appointed yea before God in respecte of his right annointed to bee the chiefe Officer and minister of Iustice and right to everie of vs after her Maiestie So the wickednes of this fact shall abound in this if wee take from him his best right who should preserue vs from all sorts of wronges But some haue answered that the Parliament may and hath taken the rightfull lands and liuings of men and hath repealed the acts statutes of former Parliamēts To this I replie that as in a naturall bodie no man can be allowed to cutte off a member for blemishe or imperfection but is esteemed wiselie and rightlie to take that member away which without the helpe of such remedie was manifestly discerned to endaunger the rest So the members of the politicke bodie may vppon the like respect of daunger and not for likelyhoodes and imaginations or surmised inconveniences such as the alleadged are take away the lands liuings yea or life of anie subiect But where is this danger to be shewed here seeing he will peaceablie governe vs with the preservation of our religion and lawes And to say somewhat further though our parliament may haue that power over every English subiect as well competitours as others to take or keepe backe from them because they are vnder our power beeing members of our owne bodie that which otherwise is their due and right Yet it is to be doubted whither it may likewise take or keepe backe his good right from the Scottish king who is no subiect neyther anie member incorporated with vs but is the heade of an other politicke bodie And this is a doubt or rather Iudgement of some of the
best divines in England Againe whensoever a Parliament is said to haue taken away mens lands or livings or to haue repealed anie act or statute of a former Parliament it is euer to be vnderstood of lands livings and actes which did concerne private men not Princes To whome whatsoever hath beene given by a free and lawfull Parliament to stand and to remaine to them and their heires I think you shal not find altered or taken away by another free Parliament vnlesse it were with the consent of the said Princes or their heires to whome it was formerlie given take for example the resignation of Richard the second And therefore I take this for a sure and sound principle If all the people of the whole Realme by common voluntarie consent for themselves and their posteritie do transferre and surrender the government of themselues and their state into the hands of some chosen man to bee governed by him and his heires for ever according to such and such lawes as they shall agree vppon or haue alreadie established that they cannot in reason if he be willing to preserue their lawes thinke that that power doth yet rest in themselues of which by consent of all the people iointlie giving and the Prince receiving they had formerlie dispossessed themselves And if this bee true Par non habet potestatem in parem then much more this minor non habet in matorē And by consequence this posterity thus dispossessed of the power and interest of bestowing the right cannot make voide the act of their ancestors in whome the saide power and right was actuallie and reallie to dispose of their government before they bestowed it Neither can the act of the rest of the members without the head against it be of that power force that the ioined act of the head and whole members together is For further proofe heereof when the whole line of Salomon ceased in Ieconias coulde all the Iewes in the world by anie act haue given the right of the title frō the house of Nathan Though Salathiell the next successor of his line was about 38 degrees distant from the said Ieconias and the ground of his title aboue 400. yeeres old and might therefore haue bene weaker more litigious doubtfull and obscure then it can be in the Scottish king who is but the fifth in discent in direct line from the roote Nay the same Ieconias before his deliverance out of prison M. Broughton as is well declared by our famous countrie-man appointed the said Salathiel to be his heire apparant for which respect the Scripture speaketh of him as of leconias sonne saying that hee did beget him And the ambition of the Machabees vsurping not without the pretence of manie worthie respects the gouernement and sword in the weaknesse of the house of David escaped not an horrible judgement of God who gaue them vp to slaughter and murther one another to be led with the sprit of errors and doctrine of Devils Alexander one of their kings beeing a Saducie as manie more of them were killed 50000. Pharisies Antigonus another king died with torment of conscience vomiting blood Iudas and all his brethren fell by the sword others were poisoned almost none died but by violence And thus by God the revenger of the oppressed that ambitious though valiaunt familie which against right had exalted it selfe was headlong throwne downe and brought to a most shamefull and miserable end By all which it is most evident plaine that not Iudas or Simeon Macchabeus because they were valiauntest and for many true and good respects seemed fittest at that time to haue protected releeved the oppressed and distressed servants of God but some Matthan or Ioseph though verie poore and base because they were moste rightfull to the crowne and they being rulers appointed by God should haue had the governmēt and guiding of Iuda And so Sir to make an ende of this firste reason I pray you thinke with your self if it should fall out that the Parliament for manie respectes should bestow the crown quite contrary to the expectation of these men who stand so precisely for the absolute power and soveraignetie of it imagine I say that such a thing fel out do not you think that the case would be altered with them and perhaps then would bee more bent against it then nowe they are for it this beeing alwaies such mens desire to haue the Parliaments followe them and not they the Parliaments But the meanest simplest in al the land knowes this much I hope that the wisestmen of the Realme are chosen out and sent to the Parliamentes not to determine or establishe whatsoever they will but to advise dispute and discerne what in reason conscience they ought should determine and conclude Secondly that the Parliament cannot defeat the lawfull successor is plaine by the iudgement of the Parliament it selfe which in the coronation of any King or Prince giueth not this reason of his preferment because it seemed good to the Nobles and commons so to do and so to advaunce him but quite contrarie because hee is next and true heire and successour to such or such a Prince of late famous memory therefore it is his right that the none else should be advanced As who would say he is not heire or successor because the Parliament declareth him to be so but because hee is so therefore it is that the Parliament by right ought and doeth declare him to bee so Which ground and reason of the Parliaments dooing is so apparant and plaine that the verie vsurpers who were otherwise sequestred from all reason right thought it not sufficient to be established and confirmed by Parliament vnles they had some ground or shewe of succession to warrand it withall So Henrie the fourth did more rest vpon the blind pretence of a claim by Edmond crook-back then vppon the voice of the Parliament though it were strengthened with the resignation of Richard the second Also Richard the third rather then hee woulde haue bene without some shew of succession howe bare and weake soever did Sir Thomas More in the storie of his raigne choose to cause proclaime at Paules Crosse his mother an harlot his brethren bastards And thus hee sought the kingdome no otherwise then by right of succession as doeth plainlie appeare by the determination of his coūsell Doctor Shawes preaching the Duke of Buckinghames speech in King Richards behalfe to the same effect By which you see that even in the conceit of the vsurpers themselves the moste lying infamous and falsely forged pretence of next and most lawful blood is to be preferred before any Parliament as beeing the ground and warrand for iustifying and cleering the acts and doings of the same And if the crowne might be lawfully given at the pleasure of a Parliament what reason is there to call Rich. 3. or any such others vsurpers for they cannot