nor theire depositions any vvhere appeare not yet that yt appearethe that euer they vvere as vve haue sayde iudiciallie examined Seinge nowe then that yt so fallethe ovvte that the principall vvill and that that vvas by the greate seale exemplified and in the chauncerie recorded had not at leaste towchinge the clawse of the limitation and assignemeÌ„te of the crowne the kinges hande to yt We neade not nor will not tarrie abowte certaine scrowles and copies of the saide will that the aduersaries pretende to haue bene either vvritten or signed with his hande A kingdome ys to heauie to be so easelie carried awaye by suche scrowles and copies When all this faylethe the aduersaries haue yet one shifte lefte for the laste caste they vrge the aequitie of the matter the minde of the ê‘liameÌ„t Which ys they saye accomplisshed and satisffed by makinge this assignation for the establishinge of the succession and prouidinge that the realme shoulde not be lefte voyde of a gouernour And therefore we muste not subuerte the statute in cauillinge for the defecte of the kinges hande For as muche as the parliamente might haue had aucthorised his consente onlie withowte any hande writinge Whiche as I do not denie so in theis greate affaires aÌ„d so ample a comission in suche absolute aucthoritie geuen to him yt was prouidentlie and necessarilie foreseen to binde the acte to the kinges owne hande for auoydinge all sinister and euill dealinge the whiche the advsaries wolde hauevs in no case to misdowte or mistruste of the facte and the lameÌ„table euente of thinges do openlie declare the same aÌ„d pitifullie criethe owte againste yt Neither will we grante to them that the minde and purpose of the parliament ys satisfied Whye the stampe caÌ„not counteruaile the kingâ—s hande in this case for suche causes as we haue and shall hereafter more largelie declare And yf yt were otherwise trewe yet dothe this onlie defecte of the kinges hande breeke and infringe the whole acte For this ys a statute correctorie and derogatorie to the common cowrse of the lawe as cuttinge awaye the succession of the lawfull and trewe inheritours yt ys also as appearethe by the tenour of the same a moste greauouse penall lawe and therefore we maye not shifte or alter the wordes of the lawe Neither maye we supplie the manner and doinge of the acte aequiualeÌ„te So that albe yt in some other thinge the stampe or the kinges certaine and knowen coÌ„â—ente maye counterpaise his hande Yet as the case standethe here yt will not serue the turne by reason there ys a precise order and forme praescribed and appointed Wherfore yf by a statute of a citie there be certaine persons appointed to do a certaine acte and the whole people do the same acte in the presence of the saide persons IoaÌ„ And. iÌ„ adit specul tit de requisitis consil ad finem the acte by the iudgement of learned ciuilians ys viciouse and of no valewe Yea thowghe the reason of the lawe cease yet muste the forme be obserued For yt ys a rule and a maxime that where the lawe appointethe and prescribethe a certaine plaâ—t forme whereby the acte muste be bownde and tied L si fundê° ff rebê° eoruÌ„ cap 1. de rebus eccl in 6. in that case thowghe the reason of the lawe cease yet ys the acte voyde aÌ„d nowght And where as the aduersaries obiecte against this rule the parliamentes made by Quene Marie with owte the vsuall stile called and somoned An ansvvere to the aduersaries tovchinge actes of parliament that they alleage to prâ—ove that the kinges ovne haÌ„de vvas not necessarie to the supposed will this obiection maye sone be answered For yt maye sone appeare to all them that reade and peruse the saide statute of An. 35. Henrici octaui conteininge the saide stile that by any especiall wordes therein mentioned yt ys not there limited and appointed that the forme of the stile therein sett forthe should be obserued in euerie vvritt And therefore not to be compared vnto the saide statutes of 28 35. Henrici octaui Wherein by speciall vvordes one expresse forme and order for the limittinge of the succession of the crowne by the kinge ys declared and sett furthe Besides that the saide writtes beinge made bothe accordinge to the auncient forme of the registre and also by expresse coÌ„maundement of the Prince vtterlie refusinge the saide stile coulde neyther be derogatorie to the saide Quenes Maiestie and her crowne nor meaninge of the saide statute Concerninge the saide stile and for a finall and full answere vnto this matter Yt ys to be noted that the vvrittes beinge the actes of the cowrte thowghe they vvant the pÌ„scripte forme sett furthe either by the common lavve or statute Yet are not they nor the iudgementes subsequent thervpon abated or voyde but onlie abatable aÌ„d voydable by exceptioÌ„ of the ê‘tie 18. E. 3. fol. 30. by iudgemeÌ„te of the cowrte For yf the ê‘tie withowte any exception do admitt the forme of the saide writt 3. H. 4. fo 3. 1â— and pleade vnto the matter WhervpoÌ„ the covvrte dothe procede 11. H. 4. fol. 67. then dothe the writt and the iudgement thervpon followynge remaine good and effectuall in lawe 9 H. 6. fol. 6. And therefore admittiÌ„ge that the saide statute of 35. H. 8. had by speciall vvordes 19 H. 6. f. 7. 10. appointed the saide stile to be put in euerie writt 35 H. 6. fol. 12. that for that cause the saide writtes of somons vvere vitious vvantinge theire prescript forme 10 H. 6 fol. 26. yet vvhen the parties vnto the saide vvrittes had admitted them for good 3 H. 6 fol. 8. bothe by theire election and also by theire apparance vpon the same the lavve dothe admitt the saide writtes and all actes subsequente vpon the same to be good and effectuall 33 E. 3 13. Vide prisott 33 H. 6 fol. 35. And yet this make the no prouf that therefore the saide supposed vvill vvaÌ„thinge the pÌ„script order and forme shoulde likevvise be good and effectuall in lavve For as tovvchinge specialties estates and conueyances or any other externall acte to be done or made by any ê‘son whose forme and order ys pÌ„scribed either by the coÌ„mon lawe or by statute yf they wante anye paâ—te of theire pÌ„scripte forme they are accoÌ„pted in lawe to be of no validitie or effecte As for example the lawe dothe appointe euerie specialtie or deede to be made either in the firste person or in the thirde person Therefore yf parte of a deede be made in the firste person 9 H. 6 fo 35. 35 H. 6. fol. 34. â— O Ed. 3 fol. 2. and the residewe in the thirde person that deede ys not effectuall but voide in the lawe besides that the lawe hathe appoynted that in euerie deede mention shoulde be made that the partie hathe putto his seale to the same 40. E. 3. fo
the Erles acquitall that he was gwiltie of the saide facte nor suspectinge any thinge therof yeldeg to that to the wiche theis craftie colludinge seditiouse heads and the verie necessitie of the time as yt then to her seamed did in a manner enforce her Lett them nowe laye on lode lett them nowe rage and raue against this acquitall and mariage Lett them lie to theire owne shame vpoÌ„ theire owne deuises and doings thereby to defame theire Quene Lett them lie that the Erle of Huntley was restored to his fathers patrimonie to procure his sisters coÌ„sente to the deuorse betwene the Erle and her whiche restitution was made but not for that consideration but bicause the Quene thovvght in her coÌ„science his father vvrongfullie condemned Lett them crie owte vpon the Erle Bothvvell for that the sentence of diuorse vvas promulged partelie by force partelie withoute the iuste and vsuall order of the lavve and vvithoute sufficiente prouf Lett them crie ovvte vppon him for his violente takinge and deteininge the Quene Yet yf they cannot preciselie proue the Quenes coÌ„sente to anie of his vnlawfull acts as they shall neuer do then can they not gett or gather any iuste occasioÌ„ whiche ys the thinge they onlie seake for to suspecte the Quene of this greauous acte On the other side yt ys vvell knovven and easelie to be proued that this faction did chefelie procure as we haue sayde asvvell the acquitall as the supposed mariage aÌ„d therefore by likelihodd was priuie of all other consequente deuises and practises Wherefore they do nothinge but blovve ovvte and blase to the vvorlde Withe theire owne fovvle filthie mowthes theire owne shame And do fare like a man that dothe thruste a svvorde throvvghe bothe his ovvne sides to pricke a litle and raise but the ovvtevvarde skynne onelye of his enemy Ye maye novve vvell parceaue gentle reader that hitherto they haue produced litle matter of creditt against theire Quene and yet as yt appearethe verrie good matter against them selues and for theire ovvne discreditt Novve maye ye therefore easelie coniecture and by theis theire cheif and principall matters and grovvnds easelie perceaue vvhat accompte ys to be made of all the residevve of theire levvde slaunders and vvhat small force and strenghe all theire vvhole sayengs do beare They see yt they see yt vvelinovvghe them selues good reader vvherby they vvell perceaue and fullye vnderstande that they altogether are vnable to beare ovvte and mainteine by reason â—ustice or lavve theis theire ovvtragiouse and seditiouse procedings And therefore they sett vpon them the best colour and countenance they can Where in you shall novve heare what they did alleadge beinge in Englande for them selues The aduersaries declaration before the Quene of Englands commissioners They saye that no man can charge them or the residevve of theire nobilité that they haue gone as much as one onlie steppe froÌ„ the office and dewtie of good subiects iÌ„ takiÌ„ge armes against the owtragiouse enormities alredie coÌ„mitted aÌ„d to preueÌ„te the greate dangers imminente to the ê‘sons of theire Quene aÌ„d her deare sonne to theire nobilitie and to the vvhole state of theire vveale publike And that yt was no small harts grefe to them to heare vvhat vilainie all natioÌ„s thowght and openlie speake of them for sufferinge such a tragicall matter to escape vnpunisshed vvhiche thinge engendrethe of vs saie they amonge strangers aÌ„d all forren nations an yll and sinister opinion of some coÌ„men coÌ„sente therto made by our vvhol nobylitié Yea to see also the verie executor therof hym self by violeÌ„te force to teake deteine and kepe his theire Souereigne aÌ„d withe marienge vvith her to distaine her honour Wherefore to sett her maiestie at fredome owte of his boÌ„dage to preserue her honour and the ê‘son of her sonne and by dewe punisshemeÌ„t of such a malefactour to recouer theire good name and estimation vvith the reste and quietnes of theire cuntreye When they had but in vaine attempted aswel all other meanes as by the offeringe to the Erle singulier battaile they were driueÌ„ to gather force to resist them Who came to the felde against them withe a stronge armie But he refusinge either to wage singulier battaile Whiche vvas then offered to him or to ioyne in battaile vvith theire campe escaped by flight The Quene in the meane vvhile rendred her self into the nobilities hands there assembled and by them vvas conuayed to Edenborovvghe But afterwarde they Were of verye necessitie compelled to sequester her vntill suche time as some remedie might be fownde for theis matters into Lochleven where she hauinge nowe advised withe her self and fullie perceaved her ovvne disabilitie to sustaine the weight of so greate a rome freelie voluntarelie by theire sainge gaue ouer the crowne to her sonne appointinge the Erle Murraie beinge at that time owte of the realme to be regente therof duringe her sonnes minoritie The Erle Bothwell not longe after beinge by them pursued fledd the realme to escape theire hands Now this said resignatioÌ„ by the Quene ons made to her sonne he was forthvvithe by them solemlie crowned and he as kinge the Erle Murraie as regent obeied and the state of bothe theis regimeÌ„ts was by acte of parliamente established Wher vpon quietnes begane to encrease and iustice more aÌ„d more dailie to take place Whiche yet some ê‘sons saie they muche enuienge at to the dysturbance of the same and of the kinge hys authoritie first practised coÌ„trarie to the saide theire Acte of parlement the Quenes deliurance oute of Lochleven and then shewed them selues in armes But as theire atteÌ„pte saie theye was vnlawfull so the victorie fell against them on owrs the righteouse side Whereby god hym self seamethe to haue geuen senteÌ„ce for the equitie of our whole cause against our aduersaries Theis are the principall allegations theis good men haue proposed for the iustification of theire procedings against the Quene before the most excelleÌ„t and mightie Princesse Elizabethe Quene of Englande Finallie they saie that the moste parte of them selues are for particuler benefitts priuatelie so muche beholdinge to theire saide Quene that a nomber of theÌ„ coulde be contented and vvell willinge yf they might praeserue Scotlande in the state of a kingedome preseruinge also the profession of trewe religion withe the kings person the whole state from danger to liue Willinglie in perpetuall exile banishemente God be thancked that after that theis seditiouse trayterouse subiects haue bene so stovvte and storminge in the reconinge vpp and accumulatinge of faults offenses of theire innoceÌ„te maistresse Quene they are yet at the lengthe forced to answere for them selues and for theire excessiue outragiouse rebelliouse doings Theire gaie gloriouse glitteringe excuses maye ê‘happs at the firste shewe seame to some of the Readers to have a iolie face of muche probabilité greate trewthe and feruente zeale to the Weale publike But maie yt please them advysedlie and deapelie to ponder and Weyghe aswell what we have
to the thirde for theis same men knevve right Well that the Quene had putt her soÌ„ne saulf and suer inovvghe in the gvvarde aÌ„d custodie of the Erle of Marre But see I praye you the impudencie of theis men And consider hovve muche yt ys to be mused and merueled at Who are not asshamed to publishe by open edicts and proclamatioÌ„s that the Prince shoulde be in more securitie and saufegarde vnder the protectioÌ„ kepinge of the Regente and vsurpinge rebells then vnder the hands and bringinge vppe of his ovvne most naturall deare mother withe diuers other the like vnnaturall ridiculouse and absurde propositions God blesse hym and graunte hym no worse to speade then hys most tender and louinge mother dailye wisshethe aÌ„d coÌ„tinuallie praiethe for Who good svvete babe The Prince yf he vvere at age wolde not like thennimes doings against his mother yf he had age and discretion to vnderstande theire doings vvolde geue the Erle Murraye and his fellovves but coulde thancks for the intrudinge of hym against his good mother vnto the crowne and gouernemeÌ„t of the realme but vvolde and myght vvell saie that this vvas but a colour vnder hys shadowe to strengthen him the saide Erle against hys good mother and perchannce against hys owne selfe to Hys owne vnnaturall coronation also thovvghe theis men muche bragge yt solemnelie and orderlie to have proceded he Wolde as muche mislike Neyther vvolde be bye yt so deare nor come forthe to be a kinge so vnnaturallie as the vipers enter into the worlde by eatinge and gnavvinge ovvte the mothers vvombe He vvolde demande and aske vvhat strange nevve fovvnde solemnitie and fonde manner of coronation this Was. For the matter beinge of so greate and vveightie importance of one hundred Erles busshopps and lordes and more that haue voice in parliamente vvherof all or the more parte of them shoulde have an agremeÌ„te likinge and consente as to all other so to theis publike doinges also there vvere no more presente but fovvre Erles onelie He vvas vnlawfullie crovvned Wherof the most honorable had not the seventhe or eyght voyce in the parliamente amonge the Erles nor yet the first of tvventie voyces amonge all the states We had farther but sixe lords Who also vvere suche as had laied theire violente hands vpon theire Quene afore and putt her in prison And least all shoulde be voyde yf they shoulde seame to lacke theire full congregation of the spiritualitie and temporalitie in leapeth one busshoppe and tvvo or three abbotts and Priours But yet vvere there not solemne protestations I praye you then openlie made and authenticall instruments therof made also that what soeuer vvas that daye done either for the coronation and inuestinge of the kinge or for the establisshinge of a regente or otherwise against the Quenes royall estate and person yt shoulde not be to her in anie pointe hurtefull or preiudiciall as beinge then violentlie deteined and imprisoned Well you vvill alleage paraduenture that all theis procedings vvere ratefied and confirmed by acte of parliamente Vvhie the confirmation of the rebelles doings made by an acte of parliameÌ„t ys nothiÌ„ge vvorthe Yet all this not vvithstandinge thys noble impe yf he vvere at ripe yeares vvolde no dowbte acknovvledge and allovve no suche disordered parliamente But vvolde enquire of you vvhat authoritie you had to call and somon the saide parliamente He vvolde saye that the ratefienge of the saide dimission of the crovvne by his mother ys not allovvable or to be approued Firste by cause she vvas then in prison and not at her owne libertie nexte by cause yt vvas done by violence and forced withe feare of life and so vvhatsoeuer vvas builded vppon this fovvndation beinge of suche vveakenes and so vnstable coulde neuer be firmelie and suerlie established aÌ„d corroborated He vvolde farther saye that diuers of the cheif and most principall amonge the nobilitie nameli the Erles of Argile and Huntley vvith the lorde Herris vvolde not in anie vvise accorde or agree therto othervvise then yt shoulde stande vvithe the Quenes voluntarie will voide and free from all manner of threatninges force and violence Wherof they did full earnestlie and solemlie proteste requiringe they re protestations to be enacted and recorded He vvolde more ouer saye that he coulde in no vvise vvell like of that parliamente that shoulde so dishonour his ovvne good mother and make her to be an infamouse Princesse havinge none other grovvnde and prouf to leade them to do so but onelie a fevve vncertaine ghesses and vnknovven obscure lettres He vvolde no dovvbte for all theis menâ— vaine bostinge and bragginge of Iustice and quietnes most tenderlie lament and vvofullie bevvaile the miserable and pittifull case and dolorouse state of that selie poore ragged and rent realme the vvretched and infinite robberies and spoiles coÌ„mitted and done vpon the trevve loiall subiects therof beinge dailie moste greavouselie oppressed and shamefullie murthered And the vvhole realme so mervelouselie maimed that the verie outevvarde enemye dothe sore lamente to see yt or heare therof and that vvilbe wondered at of all the posteritie so longe as the vvorld dothe staÌ„de He Wolde yet saye that in case there had bene no iniurie offerid either to his mother or to anie other he vvolde not suche miserie shoulde throvvghe hym or vnder hys name be cavvsed or occasioned thovvghe he might purchase therby the greattest empire in the vvorlde Thus maye euery man see perceaue howe dishonorable howe disloiall your acts doings haue bene and also hovve disagreable to your saiengs protestations and praetenses For ye pretended at your firste seditiouse motion as vve haue declared the Quenes libertie and honour and that ye vvolde duelie and feaithfullie serue her vvhiche your seruice vvhat yt was let your doings declare Ye make pretence that ye toke aâ—mes cheifelie for the apprehension of the Erle Bothvvell and yet ye dimissed and lett hym goo beinge presente and neuer but longe after and colorablie sovvght him Ye pretended the quietnes aÌ„d peaceable gouernemeÌ„te of the realme but the realme vvas never theis manye hundred yeares so disquieted turmoiled vvithe so sore stormes aÌ„d blustering tempestes The inconstancie of the QueÌ„s ennemies first pÌ„tendinge before the Q. and counsaile of EnglaÌ„de her voluntary dimission of the crowâ—e aÌ„d that afterward that she vvas deposed Ye pÌ„tended at your first inueienge aÌ„d coÌ„ference agaiÌ„st your sayde Maistris before the Quene of EnglaÌ„ds comissioÌ„ers that she findinge her self vnable and vnmeâ—e to rule and gouerne her realme and subiects voluntarilie yelded vpp and surrendred the crowne But the contrarie ys moste appareÌ„tlie knovven Yea you your selues about tvvo monethes after quite forgetinge your firste allegatioÌ„s saye that the states of the realme of ScotlaÌ„de depriued aÌ„d deposed her At What time ye also made soleÌ„ne hypocritical aÌ„d cloked ê“testatioÌ„s how lothe you Were to publishe and detecte anye matter to her dyshonour Wherto might be replied against you aswell the rule of
c. Possessio fratris beiÌ„ge gnÌ„rall Neither hathe bene or caÌ„ be stretched to the inheritaÌ„ce of the croune for the brother of the half bloud shall succede aÌ„d not the sister of the vvhole bloud as maye appeare by Iustice Moile aÌ„d †34 H 6. 58. Red. printe maie be ê“ued by kinge Etheldred brother aÌ„d successor to kinge Edwarde the Martyr and by kinge Edvvarde the confessour brother to Kinge EdmuÌ„de aÌ„d diuers others who succeded in the crovvne of EnglaÌ„de beinge but of the halfe bloud As vvas also the late Quene Marie aÌ„d ys at this present our gratious Souereigne Elizabethe Who bothe in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded as by daylie experience asvvell in the exchequer al also in all other covvrtes ys manifeste do make theire conueiance as heires in bloude the one to the other vvhiche yf they vvere coÌ„mon or priuate persones they coulde not be allovved in lavve they as ys vvell knowen beinge of the half bloude one to the other Nor that the executour shall haue the goodes and chatelle of the testatour that ys to vvitt begotten of one father but borne of sondrie mothers Yt ys also a generall rule in the lavve that the executours shall haue the goodes aÌ„d chattelles of the testatour and not the heire aÌ„d yet ys yt othervvise in the case of the crovvne for there the successor shall haue them and not the executour as appearethe in 7 H. 4 by Gascoine 7 H. 4. fo 43 11 H. 4 9. Yt ys likevvise a generall rule that a man Attainted of felonie or treason his heire throwghe the corruption of bloude Nor that a traitour is vnhable to take land by disceÌ„t withoute pardon vvithoute pardon and restitutioÌ„ of bloude ys vnable to take any landes by discente Which rule althowghe yt be generall yet yt extendethe not to the discente or succession of the crovvne althovvghe the same Attainder were by acte of ê‘liameÌ„te as maie appeare by the Attainder of Richarde Duke of yorke and kinge Edvvarde his sonne and also of kinge Henrie the seaueÌ„the whoe were attainted by acte of parliamente and never restored and yet no dishabilitie thereby vnto Edvvarde the fovvrethe nor vnto Henry the seaventhe to receave the crovvne by lavvfull succession But to thys you wolde seame to ansvvere in your saide booke saienge that Henry the seaventhe not vvithstandinge hys Attainder came to the crowne as cast vpon him by the order of the lawe For as muche that vvhen the crovvne vvas caste vpoÌ„ him that dishabilitie ceased Wherein ye confesse directlie that the Attainder ys no dishabilitie at all to the successioÌ„ of the crovvne For althovvghe no dishabilitie can be alleaged in him that hathe the crovvne in possession yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession then muste ye saie that he vvas not lavvfull kinge but an vsurper And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge and that the crovvne vvas lavvfullie caste vpon hym ye confesse directlie thereby that before he Was kinge in possession there vvas no dishabilitie in hym to take the crovvne by lavvfull succession hys saide Attainder not vvith standinge Whiche ys as muche as I vvolde vvishe you to graunte But in conclusion vnderstandinge your self that this your reason can not mainteine your intente you go abovvte an other vvaye to helpe your selfe An ansvvere to the aduersarie makiÌ„ge a difference betwene attaiÌ„der the birthe ovvte of the alleageance makinge a difference in the lavve betvvene the case of Attainder and the case of forren birthe ovvte of the kinges alleagance sainge that in the case of the Attainder necessitie dothe enforce the succession of the crovvne vpon the partie attainted For othervvise ye saie the crovvne shall not descende to anye But vpon the birthe ovvte of the kinges allegeance ye saie yt ys othervvise And for prouf therof ye put a case of I. S. beinge seased of landes and havinge issevve A and B. A ys attainted in the life of I. S. his father and after I. S. diethe A livinge vnrestored Novve the lande shall not descende either to A or B. But shall goe to the lorde of the fee by vvaye of eschete Othervvise yt had bene ye saie yf A had bene borne beyonde the sea I S. breakinge his allegeance to the kinge and after I S. cometh againe into the realme aÌ„d hathe issevve B. and diethe for novve ye saie B. shall inherite hys fathers landes Yf the crowne had bene holden of any person to whom yt might haue escheted as in your case of I S. the lande did Then paraduenture there had bene some affinitie betwene your saide case and the case of the crowne But there ys no suche matter Besides that ye muste consider that the kinge cometh to the crovvne not onlie by discente but also and cheifelie by succession as vnto a corporation And therefore ye might easelie haue sene a difference in your cases betvvene the kinges Maiestie and I S. a subiecte And also betwene landes holden of a lorde above and the crowne holden of no earthlie lorde but of God almightie onlie But yet for argumentes sake I wolde faine knowe vvhere you finde your difference aÌ„d vvhat aucthoritie you can shevve for the proof therof Ye haue made no marginall note of any aucthoritie And therefore vnlesse ye also saie that ye are Pythagoras I will not beleve your difference Well I am assuered that I can shewe you good aucthoritie to the contrarie And that there ys no difference in your cases Pervse I praie you 22. H. 6. and there maye you see the opinioÌ„ of Iustice NewtoÌ„ 22. H. â— fol. 43. that there ys no difference in your cases but that in bothe your cases the lande shall eschete vnto the lorde And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discente Where the eldeste sonne vvas borne beyonde the seas durste not abide in lavve vpon that title This aucthoritie ys againste your difference and this aucthoritie I am well assuerid ys better then any that you haue shewed to proue your difference But yf We shall admitt your difference to be accordinge to the lavve yet your cases Whervnto you applye your differeÌ„ce are nothiÌ„ge like as I have saiede before But to procede on in the proof of our purpose as yt dothe appeare The supposed maxime of the adâ—saries tovchethe not kinges borne beyoÌ„de the sea as appeareth by kinge Stephen and kiÌ„ge H. 2. that neither the kiÌ„ge nor his crovne ys bownde by theys general rules which before I haue shevved So do I like wise saie of all the residewe of the generall rules aÌ„d maximes of the lawe beinge in a maÌ„ner infinite But to retorne againe vnto your onlie supposed Maxime whiche you make so generall coÌ„cerninge the dishabilitie of persoÌ„s borne beyonde the seas yt ys verie plaine
do the saide homage and fealtie to the kinges of England Yet for all that the kinges of ScotlaÌ„de can not by any reason or lawe be called vsurpers And thus maye ye see gentle Reader by the opinion of all indifferent men and not led by affection that the realme of Scotlande hathe bene and yet ys within the allegeance and dominion of Englande And so your antecedent or firste proposition false And yet that makethe no prouf that the realme of FraÌ„ce likewise shoulde nowe be saide to be with in the allegiaÌ„ce of our Souereigne Ladie the Quene of England by reason of the manifeste and apparente difference before sheued But what yf your antecedent were trewe aÌ„d that we did agree bothe withe the saide Quene of Scottes aÌ„d her subiectes aÌ„d also withe you that Scotlande were owte of the allegiance of Englande Yet yt ys verie plaine that your coÌ„sequente and conclusion can not by anye meanes be trewe The causes vvhy the crowne caÌ„ not be comâ—sed with in the preteÌ„ded maxime And that priÌ„cipallie for three causes Wherof one ys for that neither the kiÌ„ge nor the crowne not beinge especiallie mentioned in the saide rule or preteÌ„ded maxime can be inteÌ„ded to be with in the meaninge of the same maxime as we haue before sufficientlie ê“ued by a greate nomber of other suche like generall rules and maximes of the lawes An other cause ys for that the crwne caÌ„ not be taken to be with in the wordes of the saide supposed maxime And that for two respectes one ys by cawse the rule doth onlye dishable aliens to demaunde any heritage with in the allegiance of Englande which rule can not be stretched to the demaunde of the crowne of Englande which ys not with in the allegiance of Englande but ys the verie allegiance yt self As for a like example Yt ys trevve that all the landes vvith in the kinges dominion are holden of the kinge either mediatlie or immediatelie and yet ys yt not trevve that the crovvne by vvhiche onlie the kinge hathe his dominion can be saide to be holden of the kinge For withoute the crowne there can be neither kinge nor allegiance And so longe as the crovvne restethe onlie in demaunde not beinge vested in any person with ovte the crownethere caÌ„ neither be Kinge nor allegiaÌ„ce there ys no allegiance at all So that the crovvne can not be saide by any meanes to be vvith in the allegiance of EnglaÌ„de And therfore not within the wordes of the saide rule or maxime The title of the crovvne ys also ovvte of the vvordes and meaninge of the same rule in any other respecte And that ys by cause that rule doth onlie dishable an alien to demaunde landes by disceÌ„te as heire for yt dothe not exteÌ„de vnto laÌ„des purchassed by an alien as vve haue before sufficientlie proued 40. E. 3. f. 10. 13. E. 3. titlrÌ„e 264. 16. E. 3. iuraÌ„sde faiâ—e 17. E. 3. tit Scire fac 7 And then can not that rule extende vnto the crovvne beinge a thinge incorporate the right wherof dothe not desceÌ„de accordiÌ„ge to the comoÌ„ course or priuate inheritance but goethe by succession as other corporations do No man dowbtethe but that a prior alien beinge no denizen A Deane a Person a Priour beynge an alien maye demande laÌ„de in the right of his corporatioÌ„ might alvvayes in time of peace demaunde lande in the right of his corporatioÌ„ And so likevvise a deane or a person beinge aliens and no denizens might demaunde landes in respecte of theire corporations not vvith standinge the saide supposed rule or mxime as maye appeare by diuers booke cases as also by the statute made in the time of kinge Richard the seconde An. R. 23c 36. E 3. fo 21. tit droicte 26 lib. Assis. p. 54. 12. lib. Assis tit enf 9 H. 6 fol. 33 3 H. 6. fo 35. 5. E. 4 f. 71. 49 li. Ass. pag. 17 22. H. 6. fo 31 13. H. 8. fo 14 7 E. 4 f. 29 9 E. 4 f. â—0 And altovvghe the crovvne hathe alvvayes gone accordinge to the coÌ„mon covvrse of a discente Yet dothe yt not properlie desceÌ„de but succede And that ys the reason of the lavve that althovvghe the Kinge be more fauoured in all his doinges then any coÌ„mon person shal be Yet can not the Kinge by lavve auoide his grauntes and lettres patentes by reason of his nonage as other Infantes maye do but shall alvvayes be saide to be of full age in respecte of his * The kiÌ„ge ys alvayes at full age in respecte of hys crovvne crowne eauen as a person vicare or deane or any other person incorporate shal be Whiche can not by any meanes be sayed in lawe to be vvith in age in respecte of theire corporations Altowghe the corporation be but one yeare olde Besides that the kinge caÌ„ not by the lawe avoide the lettres patentes made by any vsurper of the crowne vnlesse yt be by acte of parliamente no more then other persons incorporate shall auoide the grauntes made by one that vvas before vvrongfullie in theire places and roumes Whereas in discentes of inheritances the lawe ys otherwise For there the heire maye auoide all estates made by the dissesor or abatour or anye other person vvhose estate ys by lavve defeated Wherby yt dothe plainlie appeare that the kinge ys incorporate vnto the crowne and hathe the same properlie by succession and not by discente only And that ys likewise an other reason to proue that the kinge and the crowne can neither be saide to be with in the wordes nor yet with in the meaniÌ„ge of the saide generall rule or maxime The thirde and moste principall cause of all ys for that the saide statute vvhere vpon the saide supposed rule or maxime ys gathered the children discendants and discended of the bloude royall by the vvordes of EnfaÌ„ts du Roy The Kings childreÌ„ are expresselye excepted froÌ„ the surmised maxime are expresseli excepted owte of the saide supposed rule or maxime Which wordes the aduersaries do muche abuse iÌ„ restrainiÌ„ge coÌ„struinge theÌ„ to extende but to the first degree onlie whereas the same wordes may verye vvell beare a more large and ample interpretation And that for three causes and considerations Firste by the ciuill lavve this vvorde Liberi vvhiche the vvordes Enfants beinge the vsuall and originall vvordes of the statute vvritten in the Frenche tongue counteruaileth dothe comprehende by proper and peculier signification not only the children of the first degree L. liberoruÌ„ de verborum signific ff but other discendants also In the lavve sayenge that he vvho ys manumissed or made free shall not commence any action againste the children of the patrone or manumissor vvithovvte licence L. sed si ff de in Ius vocaÌ„do instit de heredibus ab intest not only the first degree but the other also ys conteined The like ys vvhen the lavve of the twelve tables sayethe The firste place and roume of
common lawe and the actes of parliamente And thus maye you see gentle Reader that nothinge can be gathered eyther ovvte of the saide supposed generall rule or Maxime or of any other rule or principle of the lawe that by any good and reasonable construction can seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes of and to the crowne of this realme of Englande as ys aforesaide We are therefore nowe laste of all to consider Whether there be any statute or acte of parliamente that dothe seame either to take awaye or preiudice the title of thâ— saide Ladie Marie And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde beinge onlie a declaration of the common lavve we haue alredie sufficieÌ„tlie answered â–ª We will passe yt over and consider vpon the Statute of 28. 36. of kinge Henry the eight beinge the onlie shoteanker of all the adversaries Whether there be any matter therein conteined or dependinge vpon the same that can by any meanes destroyâ— or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande The statutes of kiÌ„ge H. 8. towchinge the succession of the crovvne Yt dothe appeare by the saide Statute of 28. of kinge HeÌ„rie the eight that there was aâ—cthorie geaven him by the same to declare limitte appointe and assigne the succession of the crowne by hys lettres patentes or by hys laste will signed with his owne hande Yt appearethe also by the foresaide Statute made 35. of the saide kinge that yt vvas by the same enacted that the crowne of this realme shoulde goe and be to the saide kinge and to the heires of his bodie lawfullie begotten that ys to saye vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife begotten and for defaulte of suche issewe then vnto the Ladie Marie his dawghter and to the heires of her bodie lawfullie begotten And for defaulte of suche issewe theÌ„ vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys and to the heires of her Maiesties Bodie Lawfullie begotten And for defaulte of suche issewe vnto suche person or ê‘sons in remaynder or reversioÌ„ as shoulde please our late Sovereigne Lorde kinge Henrie the eight and accordinge to suche estate and after suche manner order and coÌ„dition as shoulde be expressed declared named and limited in his highnes lettres patentes or by his laste will in vvritinge seigned vvith his owne hande By vertue of whiche saide acte of parliamente the aduersaries do alleage that the saide late kiÌ„ge HeÌ„rie the eight afterwarde by his laste will in writiÌ„ge signed with hys owne haÌ„de did ordaine and appointe that yf yt happen the saide Prince Edwarde Ladie Marye and Ladie Elizabethe to dye withowte issewe of theire bodies lavvfullie begotten then the crovvne of this realme of EnglaÌ„de shoulde goo and remayne vnto the heires of the bodie of the Ladie Fraunces his nece and the eldeste davvghter of the Franche Quene And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten And yf yt happened the saide Ladye Elenour to die withovvte issevve of her bodye lawfullie begotten to remaine and come to the next rightfull heires Wher vpon the aduesaries do inferre that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances and to theire heires accordinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight And not vnto the Ladie Marie Quene of Scottes that novve ys â—n aÌ„swere to the foreâ—ide statutes To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande And that therefore the saide vvill can not be any whitte pÌ„iudiciall to the saide Quene Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill yt ys replied by the aduersaries Firste that there vvere diuers copies of his vvill fovvnde signed with his owne hande The effecte of the aduersaries ArgumeÌ„tes for the exclusion of the Q. of Scots by a pÌ„tensed will of kin H. 8. or at the leaste wise enterlined and some for the moste ê‘te vvritteÌ„ withe his owne hande Owte of the vvhich yt ys likelie that the originall vvill coÌ„monlie called kinge Henrie the eightes will was taken aÌ„d fayer draweÌ„ owte Then that there be greate aÌ„d vehemeÌ„te presumptions that for the fatherlie loue that he bare to the common vvealthe and for the auoidinge of the vncertentie of the succession he vvell liked vpon and accepted the auctoritie geauen him by parliament and signed with his owne hande the saide originall vvill which had the saide limitation aÌ„d assignatioÌ„ of the crowne And theis presumptions are the more enforced for that he had no cause vvhie he shoulde beare any affectioÌ„ either to the saide Quene of ScotlaÌ„de or to the Ladie Lenneux And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children But to putt the matter quite owte of all ambiguitie and dowbte Yt appeare the they saye that there were eleuen witnesses purposelie calledd by the kinge Who were presente at the signinge of the saide will aÌ„d subscribed theire names to the same Yea the cheif lordes of the couÌ„saile were made aÌ„d appointed executours of the saide will And they aÌ„d other had greate legaties geaueÌ„ theÌ„ in the saide will vvhich vvere paide and other thinges coÌ„prised in the vvill accoÌ„plisshed accordinglie There passed also purchases aÌ„d lettres pateÌ„tes betwene kinge Edwarde and the executours of the saide vvill and others for the execution and performance of the same Finallie the saide testamente was recorded in the chauncerie Wherefore they affirme that there owght no manner of dowbte move any maÌ„ to the coÌ„trarie And that either we muste graunte this will to be signed vvith his haÌ„de or that he made no vvill at all Bothe muste be graÌ„ted or bothe denied Yf any will denye yt in case he be one of the vvitnesses he shall impugne his owne testimony Yf he be one of the executours he shall ouerthrowe the fowndation of all his doinges in ê“curinge the saide will to be inrolled and sett forthe vnder the greate seale And so by theyr dubblenes they shall make theÌ„ selues no mete witnesses Nowe a maÌ„ can not ligthlie imagine how any other besids theis two kiÌ„des of witnesses for some of theÌ„ aÌ„d of the executours were suche as were coÌ„tinually waytinge vpoÌ„ the kinges ê‘son maye impugne this will and proue that the kinge did not signe the same but yf anie suche impugne the saide will Yt vvolde be coÌ„sidered howe manye they are aÌ„d vvhat theire are And yt wil be verye harde to proue Negatiuam facto But yt ys euideÌ„te saye theye that there was neuer any
suche lawfull prouffe againste the saide will ê“ducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌ„de yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ„ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌ„d sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌ„ce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ê‘liameÌ„tes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ— quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌ„te maye be geaven to an acte of parliameÌ„t by hys lettres pateÌ„tes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌ„monlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌ„sumptions aÌ„d reasons agaiÌ„st the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ„ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌ„d welthe of the realme to the good coÌ„teÌ„tatioÌ„ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌ„d dishonorable sorte as ys pÌ„teÌ„ded I plainlie denie For beinge at the time of this pÌ„tensed will furnissâ—ed and adorned with issewe our late kiÌ„ge Edward aÌ„d ladie Marie late Quene aÌ„d with our graciouse souereigne Elizabeth theire state aÌ„d successioÌ„ beinge also latelie by acte of ê‘lameÌ„te established what nede or likelyhode was there for the kinge theÌ„ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌ„d fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ„ of the redd rose and the white lately by the incorporation and vnioÌ„ of the howses of yorke and Lancaster in the ê‘soÌ„ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌ„d buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌ„te yet coulde not he be ignorante that nether pÌ„liameÌ„tes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ê‘liamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌ„ded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ê‘liamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ„ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ê“cure aÌ„d purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌ„che Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌ„d afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
my Ladye Fraunces and my Ladie Elenour also dawghters to the Frenche Quene vvhiche ys a thinge in a manner incredible and therefore nothinge likelie I muste novve gentle reader putt the in remembrance of two other moste pregnante and notable coniectures and presumptions for amonge all other inconueniences and absurdities that doe and maye accompanye this rashe and vnaduised acte by thys pretensed vvill incoÌ„sideratelye mainteined yt ys principallie to be noted that this acte geuethe appareÌ„te and iuste occasion of perpetuall disherison of the stile and title of Fraunce incorporated aÌ„d vnited to the crowne of this realme The supposed vvyll ys pÌ„iudiciall to the crowne of Englande for the clayme of the crovne of France For vvhereby do or haue the Frenche men hitherto excluded the kinges of this realme claymenge the crowne of FraÌ„ce by the title of Edvvarde the thirde fallinge vpon hym by the right of his mother then by a politike and ciuill lavve of theire ovvne that barrethe the female from the right of the crovvne And vvhat dothe this pretensed acte of kinge Henrie but iustifiethe and strengtheneth theire quarell and ouerthrowethe the fowndation and bulworke vvhereby vve mainteine our foresaide title and clayme Yf we maye by our Municipall lavve exclude the saide Quene of ScotlaÌ„de beynge called to this crovvne by the title of generall heritage Then ys theire municipall lawe likewise good and effectuall aÌ„d consequentlie we do and haue made all this while an vniuste and wrongfull clayme to the crowne of Fraunce But nowe to goe somewhat farther in the matter or rather to come nerer home and to the quicke of the matter we saye as there was some apparente aÌ„d good cause whie the kinge shoulde the twentie and eight yere of his reygne thyncke vpon some limitatioÌ„ and appointmente of the crowne kinge Edwarde as yet vnborne so after he was borne and that the title and intereste of the reuersion of the crowne after him was the thirtie and fifte yeare by parlamente confirmed to the late Quene Marie and our gratiouse Souereigne Elizabethe Yt ys not to be thowght that he wolde afterwarde ieperde so greate a matter by a testamente and vvill vvhiche maye easelie be altered and counterfeited And leaste of all make suche assignation of the crowne as ys nowe pretended For beinge a Prince of suche wisdome and experience he coulde not be ignorante that this was the nexte and redieste waye to putt the state at leaste of bothe his dawghters to greate perill and vtter disherison This supposed will geauethe occasion of ambitious aspiringe For the kinges example and boldnes in interruptinge and cuttinge awaye so manye branches of the nereste syde line might sone brede in aspiringe and ambitious hartes a bolde and wicked attempte the vvaye beinge so farre browght in and prepared to theire handes by the kinge him self and theire natures so redie and prone to followe euill presidentes and to cliÌ„me highe by some colorable meanes or other to spoile and depriue the saide dawghters of they re right of the crowne that shoulde discende and fall vpon them And to conuey the same to the heires of the saide Ladye Fraunces And did not I praye you this drifte deuise fall owre eauen so tendinge to the vtter exclusion of the late Quene Marie and our gratious Souereigne Elizabethe Yf God had not of his greate mercie moste gratiouslie and wonderfullie repressed ouerthroune the same Theis reasons then and pÌ„sumptions maye seame well hable sufficieÌ„te to beare dovne to breake aÌ„d ouerthrowe the weke aÌ„d sleÌ„der pÌ„sumptions of the aduersaries grownded vpoÌ„ vncertaine and mere surmises ghesses and coÌ„iectures as amonge other that the kinge vvas offended vvith the Quene of ScotlaÌ„de and vvith the ladye Lenneux vvhich ys not trevve And as for the ladye Lenneux yt hathe no manner of ê“babilitie As yt hathe not in deede in the saide Quene And yf yt had yet yt ys as probable and muche more probable that the kinge vvolde haue especiallie at that time for suche cavvse as vve haue declared suppressed the same displeasure GrauÌ„tinge nowe that there were some suche displeasure vvas yt honorable either for the kinge or the realme or vvas yt thincke ye euer thovvght by the parliameÌ„t that the kinge shoulde disherite them for euerie light displeasure And yf as the aduersaries confesse the kinge had no cavvse to be offended vvith the Frenche Quenes children vvhy did he disherite the Ladye Fraunces aÌ„d the Ladye Elenour also Theire other presumption vvhich they grownde vpon the auoydinge of the vncertaintie of the succession by reason of his vvill The succession to the croune ys more vncertaine by the supposed will then before ys of small force and rather turnethe againste them For yt ys so farre of that by this meanes the succession ys made more certaine and suer that contrarie vvise yt ys subiecte to more vncertentie aÌ„d to lesse suertie then before For vvhere as before the right and claime to the crovvne honge vpon ordinarie and certaine covvrse of common lavve vpon the certaine and assuerid right of the royall and vnspotted bloude Yea vpon the verie lavve of nature vvhereby manye inconueniences manye troubles dangers aÌ„d seditions are in all contreyes politikelie avoided There ys mucheforgerie and counterfeyting of testamentes So nowe dependinge vpon statute onlie yt ys as easie by an other stature to be infringed and ouerthrovvne And dependinge vpon a testameÌ„te ys subiect to manye corruptioÌ„s sinister dealinges cauillacions yea and iuste ouerthrovves by the dishability of the testatour vvitnesses or the legatorie him self or for lacke of dewe order to be obserued or by the deathe of the vvitnesses vnexamined aÌ„d for many other like considerations The monumentes of all antiquitie the memorie of all ages and of our ovvne age and daylie experience can tell aÌ„d shevve vs manye lamentable examples of manye a good and lavvfull testamente by vndevve and craftie meanes by false and suborned vvitnesses Valerius Maximus dedict fact lib. 9 cap. 4. by the couuetous bearinge and maintenance of suche as be in auctoritie quite vndone and ouerthrovvne Wherefore Valerius Maximus crie the owte againste M. Crassus and Q. Hortensuis lumina curiae ornamenta fori Quod scelus vindicare debuerant lucri captura inuitati suis authoritatibus texerint This presumption then of the aduersaries rather maketh for vs and ministrethe to vs good occasion to thincke that the kinge vvolde not hasarde the vveight and importance of suche a matter to reste vppon the validitie or inualiditie of a bare testameÌ„te onlie By this that vve haue saide we maye probablely gather that the kinge had no cause to aduenture so greate an enterprise by a bare vvill and testamente Ye shall nowe heare also vvhie vve thincke he did neuer attempte or entreprise any suche thinge Yt ys vvell knowen the kinge vvas not vvonte lightlie to ouerslippe the occasion of any greate commoditie presentlie offered And yet this not vvithstaÌ„dinge hauinge
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
claime For by the sayde pretensed vvill yt ys limited that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour that the crovvne shall remayme and coÌ„me to the next rightfull heires But yf she shall be sayde to be a forrainer for the time for the induction of farther argumente Then what saye the adâ—saries to my Ladie LeÌ„noux borne at Herbotell in Englande and from thertene yeares of age browghtvppe also in EnglaÌ„d and coÌ„monlie taken and reputed aswell of the kinge and nobilitie as of other the lawfull neâ—e of the saide kinge Yea to turne nowe to the other sister of the kinge married to Charles Brandon Duke of Suff. and her children the Ladie Fraunces and the Ladye Elenour Whye are they also disherited Suerlie yf there be no iuste cause neither in the Ladye LeÌ„noux nor in the other yt seamethe the kinge hathe made a plaine donatiue of the crowne Which thinge vvhether he coulde do or vvhether yt be conformable to the expectation of the parliamente or for the kinges honour or for the honour of the realme I leaue yt to the further consideration of other Nowe what causes shoulde moue the kiÌ„ge to shutt them owte by his pretensed will from the title of the crowne I mynde not nor neade not especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne here to ê“psequute or examin Yet am I not ignorante what impedimeÌ„tes many do talke of aÌ„d some as well by priÌ„ted as vnpriÌ„ted bookes do write of Wherein I will not take vpon me any asseueratioÌ„ any resolution or iudgement Thys onlie will I propownde as yt were by the vvaye of coÌ„sideration dewly and deaplye to be wayed and thowght vpoÌ„ That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of ScotlaÌ„de and others altogether to the issewe of the Frenche Quene whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children as the aduersaries them selues coÌ„fesse he had not and that there was no lawfull impedimeÌ„te in them to take the successioÌ„ of the croune yt were any thinge reasonable or euer was ones mente of the parliamente that the kinge withowte cause shoulde disherite aÌ„d exclude them from the title of the crowne On the other side yf there were anye suche impedimente Wherof this surmised will geuethe owte a greate suspition yt ys to be considered whether yt standethe with reason and iustice vvith the honour of the kinge and the whole realme or vvith the mynde purpose and intente of the saide ê‘liamente that the kinge shoulde not onlie frustrate aÌ„d exclude suche l. fi pater ff quo in fraud credit l. filij famil ff de donat vvhose right by the coÌ„mon lavve ys moste evidente and notorious but call and substitute suche other l. 1. C. quae respign l. obligationem ff de pignot c. in general de regul iuris in 6. as by the same lavve are plainelie excluded In consideration wherof manie notable rules of the cyuill lavve do concurre Firste that whosover gevethe any man a generall aucthotitie to do any thinge In giuinge generall aucthority that seameth not to be coÌ„prised that the ê‘â—ie vvolde not haue graunted being specially demanded seamethe not to giue him aucthoritie to do that thinge which he vvolde not haue graunted yf his miÌ„de therein had bene severallie and speciallie asked and required Againe generall wordes eyther of the testatours or of suche as make any contracte I. promitteÌ„do cuÌ„ notat ibid. ff de iure dotium and speciallie of statutes towchinge any persons to do or enioye any thinge ovvght to be restrained and referred to hable I. quidam ff de verb. signific mete and capable persons onlie Yt ys further more a rule aÌ„d a principle I. vt gradat §. 1. de muner honor that statutes muste be ruled measured aÌ„d interpreted accordinge to the minde and directioÌ„ of the generall and coÌ„mon lawe Generall vvordes muste be referred to hable persons Wherefore the kinge in limitinge the successioÌ„ of the crovne in this sorte I. 2. Câ—de Nopal as ys praetended seamethe not to answere and satisfie the expectation of the parliamente puttinge the case there were any suche surmised impedimeÌ„t as also on the other syde likewyse yf there were no suche supposed impediment For here an other rule muste be regarded which ys that in testamentes contractes and namelie in statutes the generalitie of wordes muste be gentilie and cyvilie moderated aÌ„d mesured by the common lavve l. Fin § in coÌ„putatione C. de iurâ— de liber â—bi notat and restrained when so euer any man shoulde by that generalitie take any doÌ„mage and hurte vndeservinglie Yea the Statute shall rather in that case cease and quaile and be taken as voyde As for example yt appeareth by the ciuill lavve Alciat l. 1. verb. sig that yf yt be enacted by Statute in some cities that no man shall pleade againste an instrumente no not the executours Yet this not withstandinge yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour yf he deale feaithfullie and trewâ—ie rather then he shoulde vvrongfullye and with oute cause paye the testatours debte of his owne he maye come and pleade againste the instrumente Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances and Ladye Elenour or muche excessiue in theire childreÌ„ And so thowghe he had signed the sayde will with his hande yet the saide doinges seame not coÌ„formable to the mynde and purpose of the parliamente We vvill nowe goe forewarde and propownde other greate and graue considerations seruinge our saide purpose and inteÌ„te wherof one ys that in limitinge the crowne vnto the heires of the bodie of the Ladie FraÌ„ces the same Ladye then and so longe after liuinge the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable parliamente For as muche as the saide acte of parliamente gaue to him aucthoritie to limitt aÌ„d appointe the crowne to suche ê‘son or persons in reuersion or remainder as shoulde please his highnes meaninge therbye some person certaine of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes be intended For as muche as the saide Ladye Frances was then liuinge and therefore coulde then haue no heires at all By reason vvherof the people of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession 11 H. 4 fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente 19 H. 6 fol. 24. But to this matter some peraduenture vvolde seame to ansvvere and saye 11 H. 6 fol. 15. that althovvghe at the tyme of the saide
kinge Henries deathe the heires of the bodye of the saide Ladye Frances begotten vvere vncertaine yet at suche tyme as the sayde remainder shoulde happen to fall the saide heires might then certainlye be knowen In deede I vvill not denye but that paraduenture they might be then certaynlie knoweÌ„ but what greate mischeiffes and inconueniences might haue ensewed and yet maye yf the vvill take place vpon that ê‘aduenture and vncertaine limitation I vvolde vvishe all men vvell to note and consider Yt ys not to be doubted but that yt might haue fortuned at suche time as the remainder shoulde happen to fall to the saide heires of the Ladye Frances the same Ladie Frances shoulde then be also liuinge Who I praye you then shoulde haue had the crowne Paraduenture ye wolde saye the heyâ—es of the bodye of the Ladye Eleâ—â—our to whom the next remainder vvas appointed Vndowbtedlie that were coÌ„trarie vnto the meaninge of the saide supposed wyll For so muche as the remainder ys ther by limited vnto the heyres of the bodie of the ladie Elenour onlie for defaulte of issewe of the saide Ladie Frances Whereby yt maye be very plainlie gathered vpon the saide supposed wyll that the meanynge therof was not that the Chyldren of the Ladie Elenour shoulde enioye the crowne before the Chyldren of the Ladie Frances But what yf the sayde Ladie Elenour had bene then also lyvinge wich myght have happened for as muche as bothe the saide ladie FraÌ„ces and Ladie Elenour by coÌ„mon cowrse of nature myght have lived longer then vntyll thys daye Who then shoulde have had the crowne Trewlie the ryght heyre whom thys supposed wyl mente to exclude so longe as there shoulde remaine any issewe eyther of the bodie of the saide Ladie Fraunces or of the bodie of the saide Ladie Elenour lawfullie begotteÌ„ And therfore quite contrarie to the meaÌ„ninge of the saide supposed wyll Wherefore I do verelie thincke that yt woulde hardelie syncke into any reasonnable mans head that had anye experience of the greate wisdome and advised doinges of kinge Henrye the eyght abowte other matters beynge of nothinge like weyght that he wolde so slenderlie so vnadvisedlie and so vnlearnedlie dispose the succession of the crowne Where vpon the whole estate of thys Realme dothe depende in suche Wyse that they to whome he ment to geve the same by hys will coulde not enioy yt by the lawe Where vpoÌ„ ye maye plainlie see not onlie the greate vnlikely hodde that kinge Henrie the eight wolde make any suche will with suche slender advice But also that by the limitation of the saide will the succession of the crowne ys made more vncertaine and dowbtefull theÌ„ yt was before the makinge of the saide Actes of Parliamente which ys contrarie to the meaninge and inteÌ„te of the saide Actes and therefore with owte anie sufficiente warrante in Lawe But paradventure some here will saye that althowghe theis dangers aÌ„d vncerteinties might have ensewed vpon the limitation of the said â–ª vvill yet for as muche as they haue not happened neither be like to happen they are therefore not to be spoken of Yes verilie yt was not to be omitted For althovvghe theys thinges haue not happened and there fore the more tollerable Yet for as muche as theye myght haue happened by the limitation of the saide supposed will contrarie to the meaninge of the saide actes the vvill caÌ„ not by any meanes be saide to be made accordinge to the meaninge and intente of the makers of the saide statutes And therefore in that respecte the saide will ys insufficient in lawe And to aggravate the matter farthere ye shall vnderstande of greate incoÌ„veniences and imminent dangers which as yet are lâ—kelie to ensevve yf that supposed will shoulde take place Yt ys not vnknoweÌ„ but that at the time of the makinge of the saide will the saide Ladie Frances had no issewe male but onlie three dawghters betwene her and Henry Duke of Suff. Aftervvarde in the time of our late Sovereigne Ladie Quene Marie the saide Duke of Suff was attainted aÌ„d sufferid accordinglie After whose deathe the saide Ladie FraÌ„ces to her greare dishonour and abasinge of her self toke to her husbande one Adrian Stockes who was before her seruaÌ„te a man of verie meane estate and vocation and had issewe by him Whiche issewe yf yt were a sonne aÌ„d be also yet livinge by the wordes of the saide supposed will ys to inherite the crowne of this Realme before the dawghters betwene her and the sayde late duke of Suff. begotten Which thing was neither intended nor ment by the makers of the saide Actes Who can withe any reason or common defense thincke that all the states of the Realme assembled together at the saide ParliameÌ„te did meane to geve auctoritie to Kinge Henry the eight by hys lettres patentes or laste Will to disherite the Quene of Scottes liniallie disceÌ„ded of the bloude Roiall of this Realme and to appointe the sonne of Adrian Stokes then a meane servinge man of the Duke of Suff. to be Kinge and governour over this noble Realme of Englande The incoÌ„venience wherof as also of the like that might have followed of the pretensed mariage of Maistre Keyes the late sergeante Porter I referre to the grave consideratioÌ„s and iudgemeÌ„ts of the hoÌ„norable and worshipfull of this Realme Some paradventure will saie that kinge Henrie the eight mente by his will to dispose the crowne vnto the heires of the bodie of the saide Laide Frances by the saide Duke lawfullie begotten And not vnto the heires by any other person to be begotten Wiche meaninge althowghe yt myght verie hardlie be gathered vpon the saide supposed will yet can not the same be with owte as greate incoÌ„uenieÌ„ces as the other For yf the crowne shoul de nowe remaine vnto the heires of the bodie of the saide Ladie Fraunces by the saide Duke begotten then shoulde yt remaine vnto two dawghters iointelie they bothe beynge termed and certainlie accoÌ„pted in lawe but one heire And by that meanes the state and governement of thys Realme shoulde be changed from the auncient Monarchie vnto the governemente of manie For the title of the Ladie Fraunces beynge bywaye of remainder wich ys compted in lawe a ioynt purchase dothe make all the issue female inheritable alyke and can not goe accordinge to the aunciente lawe of a discente to the crowne Wich ys that the crowne by disceÌ„te muste goe to the eldeste dawghter onlye as ys afore saide For greate differeÌ„ces be in lawe where one cometh to any title by discente and where as a purchasser And also yf the one of those issewe female dye theÌ„ were her heire in the title as a severall tenante in taile And so there shoulde followe that so many dawghters so manie generall governours and so myght theire issewe beynge heyres females make the governemeÌ„t growe infinit which thinge was moste farre from the meaninge of the makers of the saide parliamente What yf the saide Kynge had by hys
laste will disposed thys realme in to two or three partes devidinge the governemente therof to three persons to rule as severall kynges As for exemple wales vnto one the Northe partes vnto an other the Sowthe partes vnto the thyrde and by that meanes had miserablie reÌ„te this realme in to partes Had this ben accordinge to the inteÌ„te and meaninge of the saide actes of parliament or had yt bene a good aÌ„d sufficieÌ„t limitation in lawe No verelie I thyncke no man of any reasonable vnderstandynge will so saye And no more can he eyther saye or thyncke of the remainder limited vnto the heires of the bodie of the saide Ladie FraÌ„ces by the saide supposed will Nowe to complete and finishe this our treatise towchinge the Quene of Scotlandes title to the succession of the crovne as we have done so lett vs frelie and liberallie grauÌ„te the aduersaries that which ys not trewe that ys that the sayde supposed vvill vvas signed vvith the kinges ovvne haÌ„de Lett the heires of the Ladye Fraunces come forthe in godes name laye forthe to the worlde theire demaunde and supposed right againste the sayde Quene of Scotlandes intereste The Quene on the other side to fortefie and stâ—engthen her claime layethe forthe to the open sight of all the worlde her iuste title and interest signed aÌ„d alwayes a fore this time allowed nor onlye as vvith the seales but vvith the othes also of all the kinges that euer were in EnglaÌ„de taken at the time of theire coronation for the continuance of the lawes of this noble realme of Englande Signed and allowed I saye almoste of all the vvorlde besides Yea signed with God aÌ„d nature theire owne fingers Her right ys as open and as cleare as the bright sonne Nowe to darken and shadowe this glorious light What do the heires of the saide Ladye Frances or others bringe forthe to grownde theire iuste claime and demaunde vpon When all ys done they are faine to ruÌ„ne and catche holde vpon kinge HeÌ„rie the eightes written vvill signed with his owne haÌ„de Well let them take as good hand faste theron as they can But yet lett theÌ„ shewe to the saide Quene the saide originall vvill Yt ys vvell knowen that they them selues haue saide that that to do they can not Yet lett them at leaste laye forthe some authenticall recorde of the same Yt ys also notorious they can not Yf then the fowndation of theire claime beynge the vvill of suche a Prince and of so late and freshe memorie made neither the originall nor yet any good and vvorthie recorde sufficientlie authorised remaine of the same By what colour vvill they exclude the sayde Quene They muste claime either by ê“ximitie of bloude or by charter For the firâ—te nature hathe excluded them charter they haue none to shewe They will perchance crye owte and complaine of the losse and imbecillinge of the same and saye that suche a casualtie shoulde not distroye and extingwishe theire right This were some thinge perchance yf yt vvere in a priuate mans case Yt vvere some what yf theire demaunde did not destroye the common lawe and the lawe of nature also Yt vvere somevvhat yf theire supposed charter vvere perisshed or by any fraudulent meanes intercepted by the sayde Quene vpon vvhom in this pointe yt ys not possible to fasten any the verye least sinister suspicion Yt were somewhat yf they dyd not aspire to take gayne and lucre Or yf the Quene sowght not to auoyde dommage For doÌ„mage yt ys when any persone ys spoyled of any ryght dewe to hym by lavve and reason And there ys a greate oddes in the consideration of the lavve and reason betwene avancinge our gaine aÌ„d gaine we do that that doth growe and accrevve vnto vs by mere gyfte or legacie as dothe the crovvne Non est par ratio lucra non capere damna sentire l. fi C. codiciÌ„lle l. proculus ff de daÌ„no inflic iÌ„stitut de leg si res de leg fin C. to theis competitoures and heyres of the Ladie Frances and eschevvenge doÌ„mage and losse And losse the lavve accompteth to be when we are defeated of our auncetours inheritaÌ„ce So that bothe beinge putt in the indifferent balance of reason lavve and conscieÌ„ce the doÌ„mage shall overvveyghe the mere lucre and gaine Yea I vvill saye more that in case eyther the saide Quene of Scotlande or anie other were in possession of the crovne havinge no ryght to the same yet yf the issevve of the Ladie Frances had no farther nor better ryght then theis pretended vvritynges the defendant cleavinge to the onlie possession Were sauf and suer and vvere not bovvnde to shevve to them theire title For yt ys a rule of the lawe that yf the plaintiffe faile in his proufe l. qui accusare C. de edendo §. coÌ„modum Inst. de interdict the defendaÌ„te shal be discharged Yea thovvghe he hathe no better ryght then bare and naked possession Neither coulde they any thinge be relived thowghe the preteÌ„sed recorde of the chaun cerie vvere yet extante not for suche cavvses onlie as vve have specified but for divers other For yt maye well be doubted thovgh the saide recorde might beare sufficient creditt amonge the subiectes of this Realme Wether yt maye beare the same agaiÌ„ste one that ys no subiecte Againe yt ys a rule l. si quis in aliquo documeÌ„to C. de edeÌ„do that the publike instrumeÌ„te makinge mention of an other dothe nothinge prove againste the partie in respecte of any thynge so mentioned oneles the originall yt self be producted Yf therefore theis coÌ„petitours have loste theire instrumeÌ„tes and evidences vvhere vpon they muste of necessitie builde theire demaunde and claime to the exclusion of an other notorious ryght and tytle they muste beare the discommoditie therof that sovvght there by theire lucrative advancement and commoditie not the person that demaundeth nothinge else but that to hym lavvfullie and orderlie ys devve Yea they aÌ„d vve to have good cavvse to thinke that this thinge in case anie suche vville vvere ys vvonderfullie vvrovvght by godes permission and prouidence For yt ys almoste incredible to heare and beleaue suche kinde of writinges and in so greate and weightie a matter as this pretensed will comprisethe so sone extinguished and perished as yt were for speciall purpose to preserue to this noble realme the trewe aÌ„d syncere succession of the next royall bloud vvhich yf yt shoulde be certaine I can not tell vvhat enterlined papers and scrowles be deriued and transferred to any other vvrongfull heires Yt wil be a vvonderfull and strange thinge to the vvorlde to heare and to importable to vs and to our posteritie to beare yt Yt vvill then be so farre of that that thinge vvhich the parliamente moste regarded in this coÌ„mission shall by this pretensed vvill be procured and purchassed to this realme as to haue a certaine knowen vndowbted lawfull gouernour kinge to haue striffe contentions and deuisions for the
geuen to him by acte of parliameÌ„te the orderinge and disposition of all chauntries and colledges He did neuer or verye litle practise execute this aucthorité And shall vve thincke oneles full and sufficient proufe necessarilie enforce our creditt that the kinge to his no preseÌ„te comoditie and aduantage but yet to his greate dishonour to the greate obloquie of his subiectes and other coÌ„treyes to the notable disherison of so manye of the nexte royall bloude did vse any suche aucthoritie as ys surmised Againe yf he had made any suche assignation In this supposed will ys no condition for the mariage of theyres of the Ladie FraÌ„ces as is for the kiÌ„ges ovvne davvghters Who dowbtethe but that as he conditioned in the saide pretensed vvill vvith his noble dawghters to marrie vvith his counsailes aduice either elles not to enioye the benefitt of the succession He vvolde haue tied the saide Ladie Fraunces and Ladie Elenours heires to the same condition Farthermore I am driuen to thincke that there passed no suche limitatioÌ„ by the saide kinge Henries vvill by reason there ys not nor vvas theis manye yeares any originall copie therof nor any authenticall recorde in the chauncerie or elles vvhere to be shewed in all Englande as the aduersaries them selues confesse and in the copies that be spredd abrode the vvitnesses pretended to be presente at the signinge of the saide vvill be suche for the meanenes of theire state of the one side and for the greatenes and vveight of the cause on the other side as seame not the most sufficieÌ„te for suche a case The importance of the cause beinge no lesse then the disherison of so manye heires of the crowne As vvell from the one sister as from the other requirid and craued some one or other of the priuie counsaile or some one honorable and notable ê‘son to haue bene pÌ„sente at the sayd signinge or that some notification shoulde haue bene made aftervvarde to suche persons by the kinge him self or at leaste before some notarie and authenticall person for the better strengtheninge of the saide will Heare ys nowe farther to be considered that seinge the intereste to the crowne ys become a plaine testameÌ„tarie matter and claime and dependethe vpon a laste will when and before what ordinarie this will was exhibited allowed and proued Where and of whome toke the executours theire othe for the trewe performance of the will No order taken for the ê“batioÌ„ of the supposed will Who committed to them the administration of the kinges goodes aÌ„d chatttelles When and to whome haue they browght in the inueÌ„torie of the same Who examined the vvitnesses vpon theire othe for the tenour and trevvthe of the saide testamente Namelie vpon the signement of the kinges hande wherein onlie consistethe the vveight of no lesse then of the crowne yt self Where or in what spirituall or temporall cowrte maye one finde theire depositions But yt were a verie harde thinge to finde that that as farre as men can learne neuer was And yet yf the matter were so plaine so good and so sownde as theis meÌ„ beare vs in haÌ„de yf the originall testament had bene suche as might haue bydden the towchestone the triall the light and the sight of the worlde Whie did not theye that enioyed moste coÌ„moditie thereby aÌ„d for the swaye and auctoritie they bare might and owght beste to haue done yt take coÌ„uenyent aÌ„d suer order that the originall might haue bene dewlie and saufelie preserued or at the leaste the ordinarie probate which ys in euerie poore mans testameÌ„te diligentlie obserued might haue bene procured or seen One or other authenticall instrumente therof reserued The adâ—saries theÌ„ selues see well inowghe yea and are fayne to coÌ„fesse theis defectes but to helpe this micheif they wolde faine haue the enrolemente in the chauncerie to be taken for a sufficiente probate The enrollement in the chauncerie ys nâ— probation by cawse as they saye bothe the spirituall and temporall auctoritie did concurre in the kinges ê‘son Yet do they knowe well inowghe that this plaister will not cure the sore And that this is but a pore helpe aÌ„d shifte For neither the lâ—es patentes nor the enrolemeÌ„te maye in any wise be cownted a sufficieÌ„te probate The chauncerie ys not the cowrte or ordinarie place for the probate of vvilles not the rolles for recordinges the same Bothe muste be done in the spirituall cowrtes vvhere the executours also muste be impleaded and geue theire accompte vvhere the weakenes or strengthe of the will muste be tried the witnesses examined Finallie the probate and all other thinges therto requisite dispatched or yf yt maye be done by any other person yet muste his aucthoritie be shewed the probate and all thinges muste be done accordingelie And amonge other thinges the vsuall clause of Saluo iure cuiuscunque muste not be omitted Whiche thinges I ame assuerid the recordiÌ„ge in the chauncerie can not importe but this cautioÌ„ and prouiso of Saluo iure cuiuscunque which ys moste coÌ„formable to all lawe reason did litle serue some mens turne And therefore there was an other caution and ê“uiso that thowghe the poorest maÌ„s testameÌ„te in all EnglaÌ„d hath this prouiso at the ê“bate of the same yet for this testameÌ„te the weighty este I trowe that euer was made in EnglaÌ„d no suche probate or clawse can be fownde either in the one or the other cowrte Yet we nedes muste all this not with staÌ„dinge be borne in hande and borne downe that there was a testamente and wyll formablie framed accordinge to the purpose and effecte of the statute Yet muste the right of the imperiall crowne of Englande be conveyed and carried awaye with the colour and shadowe onlie of a will I saye the shadowe onlie by reason of an other coniecture and presumption vvhiche I shall tell you of Which ys so liuelie and effectuall that I verelie suppose yt wil be verye harde for any man by any good and probable reason to answere and auoyde the same And ys so importante and vehement that this onlie might seame vtterlie to destroye all the aduersaries coniecturall prouffes concerninge the maintenance of this supposed will We saye therefore and affirme that in case there had bene any good and suer helpe and hand faste to take and holde the crowne for the heires of the Ladie Frances by the saide will that the faction that vniustlie intruded the Ladie Iane eldest dawghter to the saide Ladye Frances to the possession of the crowne vvolde neuer haue omitted to take receaue and embrace the occasioÌ„ and benefitt therof to them presentlie offered They neyther wolde nor coulde haue benâ— driuen to so harde aÌ„d bare a shifte as to colour theire vsurpatioÌ„ against the late Quene Marie onlie and our gratious Souereigne Elizabethe A greate pÌ„sumptioÌ„ agaiÌ„ste the supposed vvill for that the late pretensed Q. Iane did not vse the benefitt of the same agaiÌ„st the Quene of Scoâ—es and others