likewise the statute made in Anno 32. H. 8. geueth auctoritie to dispose landes and Testamentes by last Wil and Testament in writing If a man do demise his lande by his last Wil and Testament nuncupatiue without writing this demise is insufcient in law and not warranted by the said statute We leaue of a number of like cases that we might multiplie in the prouffe of this matter wherein we haue taried the longer by cause th' Aduersaries make so great a coūtenance therevpon and bycause al vnder one it may serue for the answere also touching the Kinges royal assente to be geuen to Parlamentes by his Letters Patentes signed with his hande which is nothing else but a declaration and affirmāce of the common lawe and no newe authoritie geuen to him to do that he could not doo before or any forme prescribed to bind him vnto Bysides that in this case there is no feare in the worlde of forging and counterfeyting the Kinges hande whereas in the Testamentarie cause it is farre otherwise as the worlde knoweth and dayly experience teacheth And so withal do we conclude that by reason this surmised Wil was not signed with the Kinges hand it can not any way hurt or hinder the iuste right and claime of the Quene of Scotland to the succession of the Croune of England Now supposing that neither the L. Paget nor Sir Edward Montague and Williā Clarke had testified or published any thing to the infringing annd ouerthrowing of the Aduersaries assertiō touching the signing of the said Wil yet is not therby the Queene of Scotlandes title altogether hindred For she yet hath her iust and lawfull defence for the oppugning of the said assertion as well against the persons and saying of the witnesses if any shal come foorth as otherwise shee may iustly require the said Wil to be brought forth to light and especially the signing of the same with the Kings hand to be duely and consideratly pondered we yed and conferred She hath her iust defence and exceptions and must haue And it were against al lawes and the lawe of nature it selfe to spoile her of the same And all good reason geueth that the said original Wil standing vppon the triall of the Kinges hande be exhibited that it may be compared with his other certaine and wel knowen hand writing And that other things may be done requisite in this behalfe But yet all this notwithstanding let vs nowe imagine and suppose that the King him selfe whose harte and hande were doubtelesse farre from any suche doinges lette vs yet I say admitte that he had signed the said Will with his owne hande Yet for al that the Aduersaries perchance shal not finde no not in this case that the Queenes iuste Title right and interest doth any thing fayle or quayle Or rather lette vs without any perchance say the iustice and equitie of her cause and the inuincible force of trueth to be such that neither the Stampe nor the Kinges owne hande can beare and beate it downe Which thing we we speake not without good probable and weightie reasons Neither do we at this time minde to debate and discourse what power and autoritie and how farre the Parlament hath it in this and like cases Which perchance some other would here do We wil only intermedle with other thinges that reache not so farre nor so high and seeme in this our present question worthy and necessarie to be considered And first before we enter into other matters we aske this reasonable and necessarie questiō whether these general words wherby this large and ample autoritie is cōueied to king Henry must be as generally and as amply taken or be restrained by some māner of limitation and restrictiō agreable to such mind and purpose of the Parlament as must of very necessitie or great likelihod be construed to be the very mind and purpose of the said Parlamēt Ye wil say perchance that the power and autoritie of assignatiō must be taken generally and absolutely without exception sauing for the outward signing of the Will. Trueth it is there is nothing els expressed but yet was there some thing els principally intended and yet for al that needed not to be specified The outward maner was so specially and precisely appointed and specified to auoyde suspitious dealing to auoide corruption and forgery And yet was the Wil good and effectual without the Kinges hande Yea and the assignatiō to had ben good had not that restrainte of the Kinges hande bene added by the Parlament But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the wordes were they neuer so large and ample there is though nothing were spoken thereof an ordinary helpe and remedie Otherwise if the Realme had ben set ouer to a furious or a madde man or to an idiote or to some foraine and Mahometical Prince and to such a one our stories testifie that King Iohn would haue submitted him selfe and his Realme or to any other notorious incapable or vnhable person the generalitie of the wordes seeme to beare it but the good minde and purpose of the Parlament and mans reason doe in no wise beare it If ye graunt that these wordes must nedes haue some good and honest constructiō and interpretation as reason doth force you to graunt it yet wil I aske farther whether as the King cutte of in this pretensed Wil the whole noble race of the eldest sister and the first issue of the yongest sister so if he had cutte of also al the ofspringes as wel of the said yongest sister as of the remnante of the royal blood and placed some being not of the said blood and perchance otherwise vnable this assignatiō had bene good and vailable in law as conformable to reason and to the mind and purpose of the Parlament It were surely to great an absurdity to graūt it There must be therefore in this matter some reasonable moderation and interpretatiō as wel touching the persons cōprehēded within this assignation and their qualities and for the persons also hauing right and yet excluded as for the manner of the doing of the Acte and signing the Wil. For the king as King could not dispose the Croune by his Wil and was in this behalfe but an Arbiter and Commissioner Wherefore his doinges must be directed and ruled by the lawe and according to the good minde and meaning of those that gaue the authoritie And what their minde was it wil appeare well inough euen in the statute it selfe It was for the auoiding of all ambiguities doubtes and diuisions touching the Succession They putte theyr whole truste vppon the King as one whom they thought most earnestly to minde the wealth of the Realme as one that woulde and could best and most prudently consider and weigh the matter of the Succession and prouide for the same accordingly If the doinges of the King do not plainely and
and seke as many fine fetches as ye list ye neuer shall shift it of with honestie nor wel ridde your handes thereof Whereof I for my part do take my selfe ful assured and therefore do thinke it a nedelesse discourse for me to make any further descant vpon suche an vnpleasant iarring and vntuneable plaine song of your owne setting and making and am right wel contented that ye do make as gaye glosing comments and interpretations as ye list and as your cunning and skil wil serue you to these your owne shameful vntrue textes But now weigh and consider with your selues I hartily pray you and see whether that al your legerdemaine and close conueiances in your false play aswel touching and concerning your fit iugling boxe as al your other like trickes and cunning illusions be not fully espied and plainely and openly inough laied out to eche mans eye to behold and vew And as touching your said iugling boxe you haue ben very fouly and merueâ—lously ouersene in the close and cleane conueiaÌ„ce of your fingers for that a man more then halfe blinde may perfectly see and perceaue your foule play foras much as the very selfe said Doughleish whom amoÌ„g other ye executed and ridde out of the way hath said and sufficieÌ„tly declared for the Quenes innocencie Nay nay perhaps you wil say although our letters although our dead witnesses and although our other matters faile vs yet we hope that the litle faint mourning she made for his death the acquital of the Earle and her preteÌ„ded mariage with him wil help your cause and geue testimony against her And why so I pray you Was not his body enbalmed inseared and interred bysides the Queenes father the late King Iames accoÌ„panied with Iustice Clerke the Lorde of Traquarre and with diuers other GentlemeÌ„ The ceremonies in deede were the fewer bycause that the greatest parte of the Counsaile were Protestantes and had before enterred their owne parentes without accustomed solennities of ceremonies Neither is there any suche order or custome as ye pretende and make your reckning of for the reseruation of the corps forty dayes nor any such obseruation was kept and vsed about the corps of the very father of the Prince neither yet was there any such order taken or appointed by the Counsaile for the enterring of the said Lord Darleyes bodie in such sorte as ye notifie but euen directly to the coÌ„trary Yea ye are as litle able to proue that there hath ben any such customarie solemnitie obserued of so straight and strange a mourning as ye most seuerely would restraine and bind the Queene vnto as ye be able to proue the residue of the premisses But in case ye could wel iustifie some such vsual order yet shal ye neuer be able to shew that it doth extend and apperteine to suche kinde of Queenes as she is For they mourne their husbands who were Kings her Grace mourneth after an other sort she a Prince her husbande a priuate man and a subiect They as women most coÌ„monly do take their honour and chief dignitie of their husbandes Her husbandes encrease of aduancement came by his matching with her â–ª And further women by the Ciuil law are in diuers cases discharged and excused for their omitting thereof and forbearing their so doing And yet did this good gentle Lady bemone euen suche a one a notable time enioying and vsing none other then candle light as was knowen to al the Nobilitie of Scotland and also to one M. Henrie Killigraie who was sent thither from Englande to her comfort according to the vse and maâ—er of Princes Who had a longer time in this lameÌ„ting wise coÌ„tinued had she not ben moste earnestly dehorted by the vehement exhortatioÌ„s and persuasioÌ„s of her CouÌ„saile who were moued therto by her Physitians informatioÌ„s declaring to them the great and immineÌ„t daÌ„gers of her health and life if she did not in al spede breake vp and leaue that kind of close and solitarie life and repaire to some good opeÌ„ and holsome aire which she did being this aduised and earnestly thereto solicited by her said CouÌ„saile Al which yet not withstanding this her fact is with these most seuere and graue Censors takeÌ„ for and reputed as the very next sin of al to the most greuous sinne against the holy Ghoste But ô good pitiful men who for the very tender loue and singuler affection which you did euer beare to the L. Darley the which truly was so vehemeÌ„t that for your exceding hot and ferueÌ„t loue towards him ye euer sought his harts blood do now so pitifully bewaile him But if she had by reason of the closenes of the aire and somewhat loÌ„ger coÌ„tinuaÌ„ce in her mourning place and in her desolate and doleful estate accelerated her owne death withal then had she by the Earle Murrareâ— and his adherents gostly iudgements mourned like a good honest wife and to their best coÌ„tentation it being the right way and readiest meanes to haue conueied and brought the said Earle to that place where vnto he so long and so greedily aspired and the which now at the length he hath atchie ued and atteined As for the residue of their saynges 〈◊〉 there be any fault in the Queene it surely falleth dubble and treble vpon these A chitophelles And the good innoceÌ„t Lady whâ— hath bene so wretchedly and so vnworthely by them abused and circumuented is moâ— to be pitied then to be blamed The Earl Bothwel was acquited by his Peeres according to the common and ordinarie tradâ— and maner in suche cases vsually obserued These vnnatural and disloyal subiects thesâ— most shameful craftie colluders her Aduer saries and accusers I meane the Earle MortoÌ„ the Lord Simple the Lord Lindzay with their adherents and affinitie especially procured and with al diligence laboured hiâ— purgation and acquital which was afterward confirmed by the three Estates by Acte of Parlament These these I say whereof some are now the vehement and hotte fault finders and most earnest reprouers and blamers of the said preteÌ„ded Mariage were then the principal inuenters practisers persuaders and compassers of the same They procured a great part of the Nobilitie to solicite the Queene to couple her selfe in mariage with the said Earle as with a man most fitte apt and mete for her present estate and case First alleaging the dangerous worlde and oft inculcating into her minde and remembrance the present perilous time and dealinges of menne whiche the better to preuent and more surely to withstande by their counsel and persuadings induced her and by other their crafty doinges as it were enforced and constrained her to take a husband to be her comforter her assister her buckler and her shilde to defend her against al her whatsoeuer Aduersaries If she would be contented so to doe they promised him seruice and to the Queene loyal obedience Yea many of them bound them selues to the said Earle by their owne hande writing to assist mainteine
good reason and lawe to stande at defence and onely to auoide as easely we may their obiections which principally and chiefly are grounded vpon the common lawes and Statutes of this Realme yet for the bettering and strengthening of the same we shal lay forth sundrie great and inuincible reasons coÌ„ioyned with good and sufficient authoritie of the law so approued and confirmed that the Aduersaries shal neuer be able iustly to impugne them And so that we trust after the reading of this Treatise and the effectes of the same wel digested no maner of scruple ought to remaine in any indifferent mans hart concerning her right and Title Whose expectation and conscience allthough we truste fully in this Discourse to satisfie and doubt nothing in the worlde of the righteousnes of our cause yet must we nedes confesse the manner and forme to entreate therof to be ful of difficultie and perplexity For such causes of Princes as they be seldome and rare so is it more rare and strange to finde them discoursed discussed and determined by any lawe or statute albe it nowe and then some statutes tende that waye Neither do our lawes nor the Corps of the Romaine and Ciuil law lightly meddle with the princelie gouernement but with priuate mens causes And yet this notwithstanding for the better iustification of our cause albe it I denie not but that by the coÌ„mon law it muste be knoweÌ„ who ought to haue the Croune and that the common lawe muste discerne the right aswel of the Croune as of subiectes yet I saye that there is a greate difference betwene the Kings right and the right of others And that the Title of the Croune of this Realme is not subiect to the rules and principles of the common lawe of this Realme as to be ruled and tryed after such order and course as the inheritance of priuate persons is by the same For the prous whereof let vs consider what the common lawe of this Realme is and how the rules thereof be grounded and do take place It is very manifeste and plaine that the common lawe of this Realme of England is no law writteÌ„ but grounded only vpon a common and generall custome throughout the whole realme as appeareth by the Treatise of the auncient and famous Writer of the lawes of the realme named Ranulphus de Glanuilla who wrote in the time of the noble King Henrie the second of the law and Custome of the realme of England being then and also in the time of the raigne of King Richarde the firste the chiefe Counsailour and Iustice of the same King and also by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncellour of England De laudibus Legum Angltae And by 33. H. 6.51 and by E. 4.19 Whiche Custome by vsage and continuall practise heretofore had in the Kinges Courts within this Realme is only knowen and mainteined wherein we seeme much agreable to the olde Lacedemonians who many hundred yeres past most politikely and famously gouerned their common Wealth with lawe vnwritten whereas among the Athenians the writen lawes bare al the sway This thing being so true that with any reason or good authoritie it can not be denied then we are farther to consider whether the Kinges Title to the Croune can be examined tried and ordered by this common Custome or no. Yf ye say it may then must ye proue by some recorde that it hath bene so vsed otherwise ye only say it and nothing at all proue it For nothing can be said by lawe to be subiecte to any custome vnlesse the same hath ben vsed accordingly and by force of the same custom I am wel assured that you are not able to proue the vsage and practise thereof by any record in any of the Kings courts Yea I wil farther say vnto you and also proue it that there is no one rule general or special of the common lawe of this Realme which ye â—â—ther haue shewed or can shewe that 〈◊〉 bene taken by any iuste construction to 〈◊〉 tende vnto or bind the King or his Crouâ—â—â— I wil not denie but that to declare and see forth the prerogatiue and IurisdictioÌ„ of the King ye may shewe many rules of the lawe but to binde him as I haue sayde ye can shewe none Ye say in your booke that it is a Maxime in our lawe most manifest that who so euer is borne out of England and of father and mother not being of the obedience of the King of England can not be capable to inherite any thing in England Whiche rule being general without any wordes of exception ye also say must nedes extende vnto the Croune What you meane by your law I knowe not But if you meane as I thinke you do the common lawe of England I answere there is no such Maxime in the common lawe of this Realme of Englande as hereafter I shal manifestly proue But if it were for argumentes sake admitted for this time that it be a Maxime or general rule of the coÌ„mon law of England yet to say that it is so general as that no exception can be taken against the same rule ye shewe your selfe either ignorant or els very carelesse of your creditte For it doth plainely appeare by the Statute of 25. E. 3. being a declaration of that rule of the Lawe whiche I suppose ye meane terming it a Maxime that that rule extendeth not vnto the Kinges children Whereby it moste euidently appeareth that it extendeth not generally to al. And if it extende not to binde the Kinges children in respect of any inheritance descended vnto them from any of their Auncestours it is an Argument à fortiori that it doth not extende to binde the King or his Croune And for a ful and short answere to your Authorities sette foorth in your marginall Notes as 5. Ed ward 3. tit Ayle 13. Ed war. 3. tit Bref 31. Edw. 3. tit Coson 42. Ed war. 3. fol. 2. 22. Henric. 6. fol. 42.11 Henric. 4. fol. 23. 24. Litleton ca. vilenage it may plainly appeare vnto all that will reade and pervse those Bookes that there is none of them al that doth so much as with a peece of a word or by any colour or shadow seeme to intende that the Title of the Croune is bounde by that your supposed general rule or Maxime For euerie one of the said Cases argued and noted in the said Booke are onely concerning the dishabilitie of an Alien borne and not Denizon to demaunde any landes by the lawes of the Realme by suite and action onely as a subiect vnder the King and nothing touching any dishabilitie to be laied to the King himselfe or to his subiectes Is there any controuersie about the Title of the Croune by reason of any such dishabilitie touched in any of these Bookes No verely not one worlde I dare boldely say As it may most manifestly appeare to them that wil reade and pervse
the Title whiche the Kinges of England haue claimed vnto the Realme of Scotland is not in the possession of the lande and Croune of Scotlande but onely vnto the seruice of homage and fealtie for the same And although the Kinges of Scotland sith the time of King Henry the eight haue intermitted to doe the said homage and fealtie vnto the Kinges of Englande yet for al that the Kinges of Scotland can not by any reason or lawe be called vsurpers And thus may ye see gentle Reader by the opinion of al indifferente men not lead by affection that the Realme of Scotlande hath bene and is yet within the allegeance and dominion of England And so is the Antecedent or first proposition false And yet that maketh no proufe that the Realme of France likewise should nowe be said to be within the allegeance of the Kings of England by reason of the manifest and apparent difference before shewed But what if your Antecedent were true and that we did agree both with the said Queene of Scotland and her subiectes and also with you that Scotland were out of the allegeance of England Yet it is very plaine that your consequent and conclusion can not by any meanes be true And that principally for three causes whereof one is for that neither the King not the Croune not being specially mētioned in the said rule or pretended Maxime can be intended to be within the meaning of the same Maxime as we haue before sufficiently proued by a great number of other suche like generall rules and Maximes of the lawes An other cause is for that the Croune can not be taken to be within the woordes of the said supposed Maxime and that for twoo respectes one is bycause the rule doth only dishable Aliens to demaunde any heritage within the allegeance of England Whiche rule can not be stretched to the demaunde of the Croune of Englād which is not with in the allegeance of England but is the very allegeance it selfe As for a like example it is true that al the landes within the Kinges dominion are holdē of the King either mediatly or immediately and yet it is not true that the Croune by whiche onely the King hath his Dominion can be said to be holdē of the King. For without the Croune there can be neither King nor allegeance And so long as the Croune resteth onely in demaund not being vested in any person ther is no allegeāce at al. So that the Croune can not be said by any meanes to be within the allegeance of England and therfore not within the wordes of the said rule or Maime The Title of the Croune is also out of the wordes and meaning of the same rule in an other respect and that is bycanse that rule doth only dishable an Alien to demaūd landes by descent as heire For it doth not extende vnto landes purchased by an Alien as we haue before sufficiently proued And then can not that rule extende vnto the Croune being a thing incorporate the right wherof doth not descend according to the common course of priuate inheritance but goeth by successiō as other corporatiōs do No man doubteth but that a Prior Alien being no denizon might alwaies in time of peace demaund land in the right of his corporatiō And so likewise a Deane or a Person being Aliens and no deniznos might demaund lande in respecte of their corporations not withstāding the said supposed rule or Maxime as may appeare by diuerse booke cases as also by the statute made in the time of King Richard the second And although the Croune hath alwaies gone according to the common course of a Descent yet doth it not properly descende but succede And that is the reason of the lawe that although the Kinge be more fauoured in all his doinges then any common person shal be yet can not the King by lawe auoide his grauntes and Letters Patentes by reason of his Nonage as other infantes may doe but shal alwaies be said to be of ful age in respect of his Croune euen as a Person Vicare or Deane or any other person incorporate shal be Whiche can not by any meanes be said in lawe to be within age in respect of their corporations although the corporation be but one yeare olde Bysides that the King can not by the law auoide the Letters Patentes made by any vsurper of the Croune vnlesse it be by act of Parlament no more then other persons incorporate shal auoide the grauntes made by one that was before wrongfully in their places and romes whereas in Descentes of inheritance the lawe is otherwise For there the heire may auoide al estates made by the disseafour or abatour or any other person whose estate is by lawe defeated Whereby it doth plainely appeare that the King is incorporate vnto the Croune and hath the same properly by succession and not by Descent onely And that is likewise an other reason to proue that the King and the Croune can neither be saide to be within the wordes nor yet with in the meaning of the said general rule or Maxime The third and most prncipall cause of all is for that in the said statute whervpon the said supposed rule or Maxime is gathered the children descendantes and descended of the blood royal by the wordes of Infantes de Roy are expresly excepted out of the said supposed rule or Maxime Whiche wordes the Aduersaries do much abuse in restrainīg and construing them to extende but to the first degree only whereas the same wordes may very wel beare a more large and ample interpretation And that for three causes and considerations First by the Ciuil lawe this word Liberi which the worde Infantes being the vsuall and original worde of the statute written in the Frenche tongue counteruaileth doth comprehende by proper and peculier signification not only the childrē of the first degree but other Descendants also in the law saying That he who is manumissed or made free shal not commence any Action against the children of the Patrone or manumissour without licence not onely the first degree but the other also is conteined The like is when the lawe of the twelue Tables saith The first place and roome of succession after the death of the parentes that die intestate is due to the children which successiō apperteineth as wel to degrees remoued as to the firste Yea in al causes fauourable as ours is this worde son Filius cōteineth the nephew though not by the propertie of the voice or speache yet by interpretation admittable in al such thinges as the law disposeth of As touching this worde Infantes in Frēch We say that it reacheth to other Descendāts as wel as the first degree Wherein I do referre me to suche as be expert in the said tongue We haue no one worde for the barenes of our English tōgue to coūterpaise the said French word Infantes or the Latin word
Scotland and Wales be al within one Territorie and not diuided by any sea And al old Recordes of the law concerning seruice to be done in those two Countries haue these words Infra quatuor Maria within the fower seas which must nedes be vnderstaÌ„d in ScotlaÌ„d and Wales aswel as in EnglaÌ„d bâ—cause they be al within one continent coÌ„passed with fower seas And likewise be many auncient statutes of this Realm writreÌ„ in the NormaÌ„ FreÌ„ch which haue these wordes deins les quatre mers that is within the fower seas Now coÌ„cerning the statute the title of the same is of those that are born beyond the sea the doubt moued in the corps of the said statut is also of childreÌ„ born beyond the sea out of the allegeance with diuers other braÌ„ches of the statute teÌ„ding that way Wherby it seemeth that no part of the statute toucheth these that are born in Wales or Scot laÌ„d And albe it at this time and before in tho reigne of Edward the first Wales was fully reduced annexed and vnited to the propâ—â— Dothinion of England yet was it before subrected to the Croune and King of England as to the Lorde and Sâ—igniour aswel as Scotland Wherefore if this statute had 〈◊〉 made before the time of the said Edwarde the 〈◊〉 it seemeth that it could not haue bene stretched to Wales no more then it can now to Scotland I doe not therefore a litle meruaile that euer this man for pure shame could finde in his harte so childishly to wrangle vpon this word Infantes and so openly to detorte depraue and corrupt the common lawe and the Actes of Parlament And thus may you see gentle Reader that nothing can be gathered either out of the said supposed general rule or Maxime or of any other rule or Principle of the lawe that by any good and reasonable construction can seeme to impugne the title of the said Ladie Marie now Queene of Scotland of and to the Croune of this Realme of England as is aforesaid We are therefore now last of al to consider whether there be any statute or Acte of Parlament that doth seeme either to take away or preiudâ—ce the title of the said Lady Marie And bycause touching the foresaid mentioned statute of the 25. yeare of King Edward the thirde being only a declaration of the common law we haue already sufficiently answered we wil passe it ouer and consider vppon the statute of 28. and 36. of King Henry the eight being the only shoteanker of al the Aduersaries whether there be any matter therein conteined or depending vpon the same that can by any meanes destroie or hurt the title of the said Ladie Marie Queene of Scotland to the successioÌ„ of the Croune of England It doth appeare by the said statute of 28. of King Henry the eight that there was authoritie geuen him by the same to declare limite appoint and assigne the succession of the Croune by his Letters Patentes or by his last Wil signed with his owne hande It appeareth also by the foresaid statute made 35. of the said King that it was by the same enacted that the Croune of this Realme should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first son of his body betwene him and the Ladie Iane then his wife begotten and for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten and for default of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten and for default of such issue vnto suche person or persons in remainder or reuersion as should please the said King Henry the eight and according to such estate and after such maÌ„ner order and conditioÌ„ as should be expressed declared named and limited in his Letters Patentes or by his last Wil in writing signed with his owne hande By vertue of whiche said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last Wil in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Lady Elizabeth to dye without issue of their bodies lawfully begotten then the Croune of this Realme of Englande should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and th' eldest daughter of the Fâ—eÌ„ch Quene And for the defaulte of suche issue to the heires of the body of the Ladie Elenour his Neece seconde daughter to the Frenche Queene lawfully begotten And if it happened the said Ladie Elenor to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires Wherevpon the Aduersaries do inferre that the successioÌ„ of the Croune ought to go to the childreÌ„ of the said Ladie FraÌ„cis and to their heyres according to the said supposed Wil of our late Souereigne Lorde King Henry the eight and not vnto the Ladie Marie Queene of Scotlande that nowe is To this it is on the befalf of the said Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the preteÌ„sed Wil with his own hand and that therfore the said Wil can not be any whit preiudicial to the said Queene Against which answere for the defence and vpholding of the saide Will it is replied by the Aduersaries first that there were diuers copies of his Wil found signed with his owne hande or at the leastwise enterlined and some for the most part writen with his owne hande out of the whiche it is likely that the original Wil commonly called King Henry the eightes Will was taken and fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the coÌ„mon wealth and for the auoiding of the vncerteintie of the successioÌ„ he welliked vpoÌ„ and accepted the authoritie geuen him by Parlament and signed with his owne hande the said original Wil whiche had the said limitation and assignation of the Croune And these presumptions are the more enforced for that he had no cause why he should beare any affection either to the said Queene of Scotland or to the Lady Leneux and hauing withal no cause to be greaued or offended with his sisters the Frenche Queenes children but to put the matter quite out of al ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the king who were presente at the signing of the said Wil and subscribed their names to the same Yea the chief Lordes of the CouÌ„saile were made and appointed executours of the said Wil and they and other had great Legacies geuen them in the said Wil which were paid and other thinges comprised in the Wil accomplished accordingly There passed also purchases and Letters Patentes betwene King Edwarde and the executors of
the said Wil and others for the execution and performance of the same Finally the said Testament was recorded in the Chancerie Wherfore they affirme thaâ— there ought no manner of doubt moue any man to the coÌ„trarie and that either we must graunt this Wil to be signed with his hand or that he made no Wil at al both must be graunted or both denied If any wil deny it in case he be one of the witnesses he shal impugne his owne testimonie if he be one of the executours he shal ouerthrow the foundatioÌ„ of al his doinges in procuring the said Wil to be inrolled and set forth vnder the great Seale And so by their dubblenes they shal make them selues no mete witnesses Nowe a man can not lightly imagine how any other bysides these two kind of witnesses for some of them and of the executors were such as were coÌ„tinually wayting vpon the Kinges person may impugne this Wil and proue that the king did not signe the same But if any such impugne the Wil it would be coÌ„sidered how many they are and what they are and it wil be very harde to proue negatiuam facti But it is euidente say they that there was neuer any such lawful proufe against the said Wil producted For if it had ben it would haue ben published in the Starrechamber preached at Poules Crosse declared by Acte of Parlament proclaimed in euery quarter of the Realme Yea admitting say they that it were proued that the said pretensed Wil lacked the Kinges hande yet neuerthelesse say they the very copies we haue spoken of being written and signed or at least interlined with his owne hande may be saide a sufficient signing with his owne hande For seing the scope and final purpose of the statute was to haue the succession prouided for and ascerteined whiche is sufficiently done in the said Wil and seing his owne hande was required but onely for eschewing euil and sinister dealing whereof there is no suspicion in this Will to be gathered what matter in the worlde or what difference is there when the King fulfilled and accomplisihed this gratiouse Acte that was loked for at his handes whether he signed the Will with his owne hande or no If it be obiected that the King was obliged and bound to a certaine precise order and forme which he could in no wise shift but that the Acte without it muste perish and be of no valewe then say they wee vndoe whole Parlamentes aswel in Queene Maries time as in King Henry the eightes time In Queene Maries time bycause she omitted the Style appointed by Parlamente Anno 〈◊〉 octauiâ—rice simo quinto In King Henries tyme by reason there was a statute that the Kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hande though he be not there personally And yet did the saied King supplie full ofte his confente by the stampe only This yet notwithstanding the said Parlamentes for the omission of these formes so exactely and precisely appointed are not destroyed and disannulled After this sorte in effecte haue the Aduersaries replied for the defence of the said pretensed Will. To this we wil make our reioynder and saye Firste that our principall matter is not to ioyne an islewe whether the saide Kinge made and ordeyned any sufficient Will or no. We leaue that to an other time But whether he made any Testament in suche order and forme as the statute requireth Wherefore if it be defectiue in the said forme as we affirme it to be were it otherwise neuer so good and perfect though it were exemplified by the great Seale and recorded in Chancerie and taken commonly for his Wâ—ll and so accomplished it is nothing to the principal question It resteth then for vs to consider the weight of the Aduersaries presumptions whereby they would inforce a probabilitie that the Testament had the foresaide requisite forme Yet first it is to be coÌ„sidered what presumptions and of what force and number do occurre to auoide and frustrate the Aduersaries presumptions and all other like We say then there occurre many likelyhoddes many presumptions many great and weightie reasons to make vs to thinke that as the king neuer had good and iuste cause to minde and enterprise suche an Acte as is pretended so likewise he did enterprise no such Acte in deede I deny not but that theâ— was such authoritie geuen him neither I deâ—y but that he might also in some honorable sort haue practised the same to the honour and wealth of the Realme and to the good coÌ„tentation of the same Realm But that he had either cause or did exercise the said authoritie in suche strange and dishonorable sort as is pretended I plainely denie For being at the time of this pretensed Wil furnished and adorned with issue the late king Edward and the Ladies Marie and Elizabeth their state and succession being also lately by Acte of Parlament established what neede or likelyhod was there for the king then to practise such newe deuises as neuer did I suppose any king in this Realme before and fewe in any other byside And where they were practised commonly had infortunate and lamentable successe What likelyhode was there for him to practise such deuises especially in his later daies when wisdome the loue of God and his Realme should haue bene moste ripe in him that were likely to sturre vppe a greater fier of greeuouse contention and woful destruction in England then euer did the deadly factioÌ„ of the red Rose and the white lately by the incorporation and vnion of the house of Yorke and Lancaster in the person of his father through the mariage of Ladie Elizabeth eldest daughter of king Edwarde the fourth most happily extinguished and buried And though it might be thought or said that there would be no such eause of feare by reason the matter passed by Parlament yet could not he be ignorant that neither Parlamentes made for Henry the fourth or continuance of twoo Descentes whiche toke no place in geuing any Title touching the Croune in King Henry the sixt nor Parlamentes made for King Râ—chard the third nor Parlaments of attainder made against his father could either preiudice his fathers right or releaue other against such as pretended iust right and title And as he could not be ignoraÌ„t therof so it is not to be thought that he would abuse the great confidence put vppon him by the Parlament and disherite without any apparent cause the next royal blood and thinke all thinges sure by the colour of Parlament The litle force whereof against the right inheritour he had to his fathers and his owne so ample benefit so lately and so largely sene and felt And yet if he minded at any time to preiudice the said Lady Marie Queend of Scotland of al times he would not haue done it then when al his care was by al possible meanes to contriue and compasse a mariage
the weight and importaÌ„ce of such a matter to reste vpon the validitie or mualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare Wil and seâ—tament Ye shal now heare also why we think he did neuer attempt or enterprise any such thing It is wel knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of al Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse ful and sufficient prouse necessarily enforce creditte that the King to his no present coÌ„moditie and aduantage but yet to his great dishonour and to the great obloquie of his subiectes and other Countries to the notable disherison of so many the next royal blood did vse any such authoritie as is surmised Againe if he had made any such assignation who doubteth but that as he conditioned in the said pretensed Wil with his noble daughters to marie with his CouÌ„sels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Elenours heirs to the same condition Farthermore I am driuen to thinke that ther passed no such limitatioÌ„ by the said king Henries wil by reason there is not nor was these many yeares any original copy therof nor any autheÌ„tical Record in the ChaÌ„cerie or els wher to be shewed in al EnglaÌ„d as the Aduersaries theÌ„selues confesse and in the copies that be spread abrode the witnesses preteÌ„ded to be present at the signing of the said Wil be such for the meanesse of their state on the one side and for the greatnesse and weight of the cause on th' other side as seme not the most sufficient for suche a case The importance of the cause being no lesse then the disherision of so many heires of the Croune as wel from the one sister as froÌ„ the other required and craued some one or other of the priuie CouÌ„saile or some one honorable and notable person to haue ben present at the said signing or that some notificatioÌ„ should haue ben made afterward to such persons by the King him selfe or at least before some Notarie and autheÌ„tical person for the better strengthening of the said Wil. Here is now farther to be coÌ„sidered that seing the interest to the Croune is become a plaine testamentarie matter and claime and dependeth vpon a last Wil when and before what Ordinarie this Wil was exhibited al lowed and prooued Where and of whome toke the Executours their othe for the true performaÌ„ce of the Wil Who coÌ„mitted to theÌ„ th'administratioÌ„ of the Kings goods and chattles When and to whome haue they brought in the InueÌ„tory of the same Who examined the witnesses vpon their othe for the tenour and trueth of the said TestameÌ„t Namely vpon the signement of the Kinges hand wherein only consisteth the weight of no lesse then of the Croune it self where or in what spiritual or temporal Courte may one find their depositions But it were a very hard thing to finde that that as farre as men can learne neuer was And yet if the matter were so plaine so good and so sound as these men beare vs in hand if the original TestameÌ„t had ben such as might haue biddeÌ„ the touchstone the trial the light and the sight of the worlde why did not they that enioyed most commoditie therby and for the sway and authorite they bare might and ought best to haue done it take coÌ„uenient and sure order that th' original might hane ben duely and safely preserued or at the least the ordinarie Probate which is in euery poore mans Testament diligeÌ„tly obserued might haue ben procured or sene one or other auteÌ„tical InstrumeÌ„t therof reserued The Aduersaries theÌ„selues see wel inough yea and are faine to coÌ„fesse these defectes But to helpe this mischief they wold fame haue the EnrolmeÌ„t in the Chancerie to be taken for a sufficient Probate by cause as they say both the spiritual and temporal authoritie did concurre in the Kings person Yet do they know wel inough that this plaister wil not cure the sore and that this is but a poore helpe and a shift For neither the Letters Patents nor th'EnrolmeÌ„t may in any wise be counted a sufficient Probate The ChaÌ„cerie is not the Court or ordinarie place for the probate of Willes nor the Rolles for recording the same Both must be done in the Spiritual Courts where th'Executours also must be impleaded and geue their accompt where the weakenes or strength of the Wil must be tried the witnesses examined finally the probate and al other thinges thereto requisite dispatched Or if it may be done by any other person yet must his authoritie be shewed The probate and al thinges must be done accordingly And among other things the vsual clause of Saluo iure cuiuscunque must not be omitted Which things I am assured the recording in the ChaÌ„cerie caÌ„not import But this caution and prouiso of Saluo iure cuiuscunque which is most coÌ„formable to al law and reason did litle serue some mens turne And therefore there was one other caution and prouiso that though the poorest mans TestameÌ„t in al England hath this prouiso at the probate of the same yet for this Testament the weightiest I trow that euer was made in England no suche probate or clause can be found either in the one or the other court Yet we nedes must al this notwithstanding be borne in hande and borne doune that there was a TestameÌ„t and Wil formably framed according to the purpose and effect of the statute yet must the right of th' imperial Croune of EnglaÌ„d be coÌ„ueied and caried away with the color and shadow only of a Wil. I say the shadow only by reason of another coniecture and presumptioÌ„ whiche I shal tel you of Whiche is so liuely and effectual that I verily suppose it wil be very harde for any man by any good and probable reason to answere and auoide the same And is so important and vehemeÌ„t that this only might seeme vtterly to destroie al the Aduersaries coniectural prouffes coÌ„cerning the maintenance of this supposed Wil. We say therfore and affirme that in case there had ben any good and sure helpe and handfast to take and hold the Croune for the heirs of Lady Francis by the said Wil that the faction that vniustly intruded the Lady Iane eldest daughter to the said Lady FraÌ„cis to the possession of the Croune would neuer haue omitted to take receaue and imbrace the occasioÌ„ and benefit therof to them presently offered They neither would nor could haue ben driuen to so harde and bare a shifte as to colour their vsurpation against the Late Queene Marie only and her Sister Elizabeth with the
euidently tende to this ende and scope if a zealous minde to the common Wealth if prudence and wisdome did not rule and measure al these doinges but contrariewise partial affection and displeasure if this arbitrement putteth not away al contentions and striffes if the mind and purpose of the honorable Parlament be not satisfied if there be dishonorable deuises and assignmentes of the Croune in this Wil and Testament if there be a new Succession vnnaturally deuised finally if this be not a Testament and last Wil such as Modestinus defineth Testamentum est tusta voluntatus nostra sententia de eo quod quis post mortem suam fieti velit then though the Kinges hand were put to it the matter goeth not altogether so wel and so smothe But that there is good and great cause farther to consider and debate vpon it whether it be so or no let the indifferent when they haue wel thought vpon it iudge accordingly The Aduersaries them selues can not altogether denie but that this Testament is not correspondent to such expectation as men worthely should haue of it Whiche thing they do plainly confesse For in vrging their presumptions whereof we haue spokē and minding to proue that this wil whiche they say is commonly called King Henries Wil was no new Wil deuised in his sicknes but euen the very same wherof as they say were diuers olde copies they inferre these wordes saying thus For if it be a newe Wil then deuised who could thinke that either him selfe would or any man durst haue moued him to put therin so many thinges contrary to his honour Much lesse durst they themselues deuise any new successiō or moue him to alter it otherwise then they foūd it when they saw that naturally it could not be otherwise disposed Wherein they say very truely For it is certaine that not only the common lawe of this Realme but nature it selfe telleth vs that the Queene of Scotlād after the said Kinges children is the next and rightful Heire of the Croune Wherefore the King if he had excluded her he had done an vnnatural acte Ye wil say he had some cause to doo this by reason she was a forainer and borne out of the Realm Yet this notwithstanding he did very vnnaturally yea vnaduisedly inconsideratly and wrongfully and to the great preiudice and danger of his owne Title to the Croune of France as we haue already declared And moreouer it is wel to be weighed that reason and equitie and Ius Gentium doth require and craue that as the Kings of this Realme would thinke them selues to be iniuriously handled and openly wronged if they mariyng with the heires of Spaine Scotland or any other Countrey where the succession of the Croune deuolueth to the woman were shutte out and barred from theyr said right dewe to them by the wiues as we haue said so likewise they ought to thinke of women of their royal blood that marie in Scotland that they may wel iudge and take them selues much iniured vnnaturally and wrongfully dealt withall to be thruste from the succession of this Croune being thereto called by the nexte proximitie of the royal blood And such deuolutiōs of other Kingdoms to the Croune of England by foraine mariage might by possibilitie often times haue chaunced and was euen nowe in this our time very like to haue chanced for Scotland if the intended mariage with the Queene of Scotland that now is and the late King Edward the sixt with his longer life and some issue had takē place But now that she is no suche forainer as is not capable of the Croune we haue at large already discussed Yea I wil now say farther that supposing the Parlament minded to exclude her and might rightfully so doe and that the King by vertue of this statute did exclude her in his supposed Wil yet is she not a plaine forainer and incapable of the Croune For if the lawfull heires of the said Ladie Francis and of the Ladie Elenour should happē to faile which seeme now to faile at the least in the Ladie Katherin and her issue for whose title great sturre hath lately ben made by reason of a late sentence definitiue geuen against her pretensed mariage with the Earle of Herford then is there no stay or stoppe either by the Parlament or by the supposed Will but that she the said Queene of Scotlande and her Heires may haue and obteine their iust Title and claime For by the said pretensed Wil it is limited that for default of the lawfull Heyres of the said Ladre Francis and Elenour the Croune shall remaine and come to the next rightful Heires But if she shal be said to be a forainer for the time for the induction of farther argument then what saye the Aduersaries to my Ladie Leneux borne at Herbottel in England and from thirtene yeares of age brought vppe also in England and commonly taken and reputed as well of the King and Nobilitie as of other the lawefully Neece of the said King Yea to turne nowe to the other Sister of the King maried to Charles Brandon Duke of Suffolke and her children the Ladie Francis and the Ladie Elenour why are they also disherited Surely if there be no iust cause neither in the Lady Leneux nor in the other it seemeth the King hath made a plaine Donatiue of the Croune Whiche thinge whether he could doe or whether it be conformable to the expectation of the Parlament or for the Kinges honour or for the honour for the Realme I leaue it to the farther consideration of other Nowe what causes should moue the Kinge to shutte them out by his pretensed Will from the Title of the Croune I minde not nor neede not especially seeing I take no notice of any such Wil touching the limitation of the said Croune here to to prosecute or examine Yet am I not ignorant what impedimentes many doo talke of and some as well by printed as vnprinted Bookes doe write of Wherein I will not take vppon me any asseueration any resolution or iudgement Thus only will I propound as it were by the way of consideration duely and depely to be wayed and thought vpon that is for as muche as the benefitte of this surmised Wil tendeth to the extrusion of the Queene of Scotland and others altogether to the issue of the French Queene whether in case the King had no cause to be offended with his sisters the Frenche Queenes children as the Aduersaries them selues confesse he had not and that there was no lawful impediment in them to take the succession of the Croune it were any thing reasonable or euer was once meant of the Parlament that the King without cause should disherite and exclude them from the Title of the Croune On th' other side if ther were any such impediment whereof this surmised Wil geueth out a great suspicion it is to be considered whether it standeth with reason and iustice with the honour of the King and the
is most natural the daughter to inherite her fathers patrimonieâ— wherevnto if there be a dignitie annexedâ— both are so vnited and knit together thaâ— they can in no wise be vnlinked Marie if you had driuen your argument of the duetie and obedience that the wife oweth to her husband and had argued It is the law of Nature that the wife should be ruled and gouerned by her husband Ergo it is against Nature that the wife should be head to her husband in respect that she is his wife then had you argued conformably to reason Scripture and Nature But if you wil thereof inferre Ergo she can in no wise be head to her husbande then play you the Sophister making a fallible and vitious argument and making a confuse mingling of those thinges that be of sundry and diuers Natures The child must obey his Scholemaister â—â—d Parentes and may iustly of them be â—hastised though he be a Prince yet this notwithstanding the said childe may vse â—is authoritie by his Magistrates against his â—cholemaister yea and if the cause so reâ—uire against his Parents to as did Edward â—â—e Confessour and King Edward the third against their mothers EueÌ„ so the case fareth with the husband and the wife The wife â—ay without any impairing or mayming of â—er duetie to God or to her wedlocke reâ—â—esse her husbandes misdemeanour if it be â—eedeful to the common Wealth And yet 〈◊〉 she not therby exempted from such dewâ—â—e as the matrimonial coniunction craueth of the wife towardes her husband You frame an other argument of inconâ—eniences as though vnder the womaÌ„s Regiment Ataxia that is to say disorder most commonly creepeth in I wil not deny but somtime it is so but that most commonly â—t is so that I deny Let both the Regiments be compared and matched together and weied by an indifferent ballance and I am deceaued but the inconueniences of the mans Regiment for the rate wil ouerpaise the other And it is ful vnmete vnseemely and a daÌ„gerous matter to rule Princes right and Titles by such blind ghesses Wel you wil yet say you haue Scripture on your side you say the Iues were coÌ„mauÌ„ded to take no King but exfratribus a brother Ergo we can haue no Sister to our Q. To this obiection also my two former answers may sufficiently serue First you must proue that al Christian Princes are obliged and subiected to this part of Moyses law and that shal you neuer be able to do Which thing you saw wel inough and therfore you were faine to vnderprop and vphold this your ruinous and weake building with the strong force of the law of Nature But this force as you haue hard is but the force of a bulrush Our secoÌ„d answer also wil sone infringe and breake this your conclusioÌ„ which respecteth only the free and voluntary election and choise of a king But we speake of birth and Succession wherein we haue none interest but God who is th' only iudge and vmpier and hath by his Diuine prouidence made to our handes his choise already which if we should vndo and reuerse we might seeme to be very-saucy and malapert with him But we wil remoue and relinâ—uish al these helpes and see what and how â—arre this authoritie forceth by the very wordes Frater is the masculine geÌ„dre you say and therefore women are to be remoued Then by this rule women also must be excluded from their saluatioÌ„ bycause Scripture saith He that shal beleue and be baptised shal be saued Holy Scripture abuÌ„deth of like places As Beatus vir qui non abijt in consilio imptoruÌ„ c. Beatus qui intelligit c. And by this rule women are excluded from the eight beatiâ—udes But we wil not shifte your owne worde brother We say therefore that this worde must not be taken so strictly and â—arrowly as you take it For first not only in Scripture but in olde auncient prophane Authours it compreheÌ„deth the brothers childe yea and somtime in Ciuil law coosin germans comming of two brethern Abraham called Loth his brothers sonne brother Medea also calleth her sister Chalciopes sonnes her brethern speaking to her sister in this sorte 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Againe as in the Ciuil law the masculinâ— gendre coÌ„prehendeth the feminine so doth it in your worde brother Modestinus writeth thus Tres fratres Titius Meuius 〈◊〉 Paulus also Titius fratres Sceuola saith the bequestes made by the testatour fratribus to his brethern shal be beneficial to his sisters also vnlesse it may be proued that the testatour meant otherwise Now when the holy Scripture saith thou shalt not hate they brother Thou shalt not lend vpon vsurie to thy brother let euery man vse his brother mercifully if thy brother trespace against thee forgeue him withdrawe your selfe from euery brother walking disorderly he that haâ—eth his brother is in darknes with a number of like sort shal we inferre therevpon that we may hate our sister that we may oppresse our sister with vsurie that we may vse our sister as vnmercifully as we wil without any remorse of conscience and are not bound to forgeue her nor to eschewe her companie being excommunicated or a notorious offendour Wherefore neither this worde brother excludeth a sister nor this worde King in Scripture excludeth a Quene In the Greke â—ongue one worde representeth both brother and sister sauing that there is a difference of gendre 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 After the same rate the wordes King and Queene are â—â—it vp both in one aswel in the Greke as in the Hebrue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in the FreÌ„ch Roy Royne and from this the Latin tonge Rex and Regina doth not farre disagre Seing then by interpretation this word brother conteineth the worde Sister also in Scripture and the word King by proprietie of one and the same voice and signification expresseth the Quene both in Scripture and in other tonges why should we not aswel communicate to women the dignitie apperteining to the name and resembled by the same as the name it selfe For euen in this our owne Country albe it the names of the King and of the Queene doo vtterly varie one from the other and also the auncient Statutes of the Realme do not onely attribute and referre al prerogatiue and preemineÌ„ce power and iurisdictioÌ„ vnto the name of a king but do giue also assigne and appoint the correction and punishment of al offenders against the Realm and dignitie of the Croune and the lawes of the Realme vnto the King yet al maÌ„ner of the for said iurisdiction and other prerogatiues are and ought to be fully and wholy and as absolutely in the Prince female as in the male And so was it euer deemed iudged and accepted before the Satute made for the farder declaration in this point The like we say of both the forsaid words brother and Rex vsed in this place
and the whole state froÌ„ danger to liue willingly in perpetual exile and bannishment God be thanked that after these seditious and trayterous subiectes haue bene so stout and storming in the rekoning vp and accumulating of faults and offenses of their innoceÌ„t Maistresse and Quene they are yet at the leÌ„gth forced to answere for theÌ„selues and for their excessiue outragious rebellious dooings Their glorious and glittering excuses may perhaps at the first shew seme to some of the Readers to haue a ioly face of much probabilitie great trueth and feruent zeale to the weale publike But may it please them aduisedly and depely to ponder and weigh aswel what we haue said as what we farther shal say in supplement of ful answere and then to iudge and deme of the mater none otherwise then reason equitie and law do craue they shalat length fynde out and throughly perceaue and know these mennes dealinges and doinges who as yet couer their foule filthy lying detestable practises and trayterouse enormities with suche a visarde of counterfeit fained holines and suche exceding greate shew of zeale to the Queenes honour in punishing malefactors and to the preseruation of the state of the Realme as though al the worlde would fal and go to ruine if it were not vpholden and vnderpropped by the strength of their shoulders They shal see how they wil appeare in their owne natural likenes so ougly that al good harts wil vtterly detest them and thinke them moste worthie for example sake to al the worlde hereafter of extreme punishment We affirme then first that as they haue produced nothing in the worlde touching the principal points as of the Lorde Darleyes death the acquital of the Earle Bothwel and the Queenes mariage with him iustly to charge her withal so are they them selues aswel for the said acquital and mariage as for their damnable and rebellious attempts against their Souereigne and for many other enormous crimes so farre and so depely charged so foule stained and so shamefully marked and noted that neuer shal they with al their hypocritical fine fetches be able to rubbe out the dirty blottes thereof from their skirts which thing wilbâ— easely perceaued of them that wil vouchesafe aduisedly to consider the friuolous and contradictorie excuses they make in their defence At the beginning their open surmised quarel whereby they went about to drawe the peoples hartes to them selues and to streÌ„gthen their owne faction stood in three points as appeareth by their excuses and by their pretensed Proclamations The first was to deliuer the Quene from the Earle Bothwel who violently deteined her and to preuent daungers imminent to her person The second to reuenge the Kings death vpon the said Bothwel whom they knew as they pretended to haue ben the principal doer in the execution of the said murther The thirde was to preserue the yonge Prince the Queenes sonne This is their ioly and holy pretense Nowe let vs see how conformable their worthy procedinges are to these their colourable cloked holy collusions The first gentle and humble admonition that these good louing subiectes gaue her to refourme these surmised enormities was in â—attail array at Bortwike Castle which they thought vpon the sodaine to haue possessed with the Queenes person Wherevpon they being disapointed therof gat into the Town and Fortresse of Edenboroug by the treason of Balfoure the Captaine thereof and of Cragmiler the Prouost of the Citie whereby they being the more animated to follow and prosecute their wicked enterprise begaÌ„ now to be strong in the field The Queene hauing also a good stroÌ„g army and thinking her self wel able therby to encounter with th' enemie and to represse their furious outrage yet notwithstaÌ„ding for the great loue and pitie she had to them though rebellious subiects willing as muche as in her lay to kepe and preserue their blood from sheding offred them faire of her owne free motion that if they would vse her as their Queene she would peaceably come to them and take due and conuenient order for the redresse of al suche thinges as might appeare by law and reason mete to be refourmed Wherevpon the Lorde Grange was sent by the Lordes to her who in al their names moste humbly vppon his knees assured her of al dewe obedience of securitie anâ— safetie of both her life and honour And 〈◊〉 the good Ladie her conscience bearing heâ— witnes of al her iust and vpright dealingeâ— and therfore nothing mistrusting dismissing her army yelded her self to the Lordes whâ— conueyed her to Edenborough and there set her at suche a meruelous libertie and 〈◊〉 suche securitie and safetie that al good meâ— to the worlds ende wil wonder at their exceding good loyaltie First they keping her owne Palaice seâ— and placed her in a merchants house and vsed her otherwise very homely She now considering and perceauing to what ende these matters tended most pitifully cried and called vpon them to remember their late promisse or at the least that she might be brought before the Counsaile offering to stande to the order and direction of the States of the realme But God knoweth al in vaine For now had they the pray whereon they inteÌ„ded to whet their bluddy teeth ere they did dismisse or forgoe her as the euent doth declare Wherefore in the night priuily she was conueyed and with haste in disguised apparel to the strong Forte of Lochleuen and after a few daies being stripâ—ed out and spoyled of al her princely atâ—rement was clothed with a course broune â—assoke After this these good loial subiects praâ—ising and encreasing more and more daily â—he performance of their saied promised â—bedience neuer ceassed vntil they had vsurped the ful authoritie and Regiment of the whole Into the which though they had intruded themselues yet seing as blinde as they were by disordinate vnseemely and vnmeasurable ambition that the Queene remained and was stil Queene and that there was no iust cause by the ordinarie course of the lawe or for any her demerits and deserts to bring her forth to her trial that she might be conuicted and deposed went like good honest plaine men and wel meaning subiects bluntly to worke and coÌ„sulted and determined to dispatche and rid her out of her life vnlesse she would yelde to them and subscribe suche writinges as they would send to her concerning the dimission of her Croune to her sonne and the Regiment of the Realme to the Earle of Murray Wherevpon th' Earle of Athele Secretâ—rie Ledington with other principals of theiâ— factious band sent Robert Miluen to Lochâ—leuen to wil her in any ease if she sought the safegard of her life to coÌ„descend to such demaundes and set her hand to al such writinges as should be proposed and broughâ— to her Whiche as they said to doe neuâ— could be preiudicial to her being by forâ—â— and violence extorted Sir Nicolas Throgmorton also being then Ambassadour theâ—â— from England gaue her the
But see I pray you the impudencie of these men and consider how much it is to be mused and merueled at who are not ashamed to publish by open Edictes and ProclamatioÌ„s that the Prince should be in more securitie and safegarde vnder the protection and keeping of the Regent and vsurping Rebelles then vnder the haÌ„des and bringing vppe of his owne most natural and deare mother with diuers other like vnnatural ridiculous and absurd propositions God blesse him and graunt him no worse to speede then this most tender and louing mother daily wisheth and coÌ„tinually praieth for Who good swete babe if he had age and discretion to vnderstand their dooings would geue the Earle Murray and his fellowes but colde thankes for the intruding of him against his good mother vnto the Croune and gouernment of the realme but would and might wel say that this was but a colour vnder his shadow to strengthen him the said Earle against his good mother and perchance against his owne selfe to His owne vnnatural Coronation also though these men much bragge it solemnly and orderly to haue proceded he would as much mislike Neither would he buye it so deare nor come foorth to be a King so vnnaturally as the Vipers enter into the world eating and gnawing out the mothers woÌ„be He would demauÌ„d and aske what a straÌ„ge newe found solennitie and fond manner of Coronation this was For the matter being of so great and weighty importance of one hundred Earles Bisshoppes and Lordes and moe that haue voice in Perlament wherof al or the more parte of them should haue an agreement liking and consent as to al other so to these publike doinges also there were no more present but fower Earles onely wherof the most honourable had not the souenth or eigth voice in the ParlameÌ„t among the Earles nor yet the first of twenty voiceâ— among al the States Ye had farther but six Lordes who also were such as had laied their violent handeâ— vpon their Quene afore and put her in prison And least al should be voide if they should seme to lacke their ful CongregatioÌ„ of the Spiritualitie and Temporaltie in leapeth me one Bisshop and two or three Abbats and Priors But yet were ther not soleÌ„ne Protestations I pray you then openly made and authentical Instrumentes thereof made also that whatsoeuer was that day done eâ—ther for the Coronation or inuesting of the King or for the establishing of a Regent or otherwise against the Queenes Royall estate and personne it should not be to her in any point hurtful or preiudicial as being then violently deteined and imprisoned Wel you wil alleage peraduenture that al these procedinges were ratified and confirmed by acte of Parlament Yet al this not withstanding this Noble Impe if he were at ripe yeares would no doubt acknowledge and allowe no suche disordered Parlament but would enquire of you what â—uthoritie you had to cal and sommon the said Parlament He would say that the ratifiyng of the said dimission of the Crouno by his mother is not allowable or to be approued First by cause she was then in prison and not at her owne libertie Next by cause it was done by violence and forced with feare of life and so whatsoeuer was builded vpon this foundation being of such weakenes and so vnstable could neuer be firmly and surely established and corroborated He would farther say that diuerse of the chiefe and most principal among the Nobilitie namely the Earles of Argile and Huntley with the Lorde Harris would not in any wise accorde or agree thereto otherwise then it should stand with the Queenes voluntarie wil voide and free from al manner threatninges force and violence Whereof they did ful earnestly and solemnly protest requiring their Protestations to be enacted and recorded He would moreouer say that he could in no wise wel like of that Parlament that should so dishonour his owne good mother and make her to be an infamous Princesse hauing none other ground and proufe to leade them to do so but only a few vncertaine ghesses and vnknoweÌ„ obscure letters He would no doubt for al these mennes vayne bosting and bragging of Iustice and quietnes most teÌ„derly lameÌ„t and wofully bewaile the miserable and pitiful case and dolorouse state of that sely poore ragged and rent Realme the wretched and infinite robberies and spoiles committed and done vpoÌ„ the true loial subiects thereof being daily most greeuousty oppressed and shamefully murthered and the whole Realme so meruelously maymed that the very outward enemie doth sore lament to see it or heare thereof and that wil be wondered at of all the posteritie so long as the world doth stand He would yet say that in case there had bene no iniurie offered either to his mother or to any other he would not such miserâ—e should through him or vnder his name be caused or occasioned though he might purchase thereby the greatest Empire in the world Thus may euery man see and perceaue how dishonourable and how disloyal your actes and doinges haue bene and also how disagreable to your sayings protestations and pretenses For ye pretended at your first seditious motion as we haue declared the Queenes libertie and honour and that ye would duely and faithfully serue her which your seruice what it was let your doings declare Ye make pretense that ye toke armes chiefly for the apprehension of the Earle Bothwel and yet ye dismissed and let him go being present and neuer but long after and coulorably sought him Ye pretended the quietnes and peaceable gouernement of the Realme But the Realme was neuer these many hundred yeares so disquieted and turmoyled with so sore stormes and blustering tempests Ye pretended at your first inueiyng and conference against your said Maistresse before the Commissioners of England that she finding her selfe vnable and vnmete to rule and gouerne her Realm and subiects voluntarily yelded vp and surreÌ„dred the Croune But the contrary is most appareÌ„tly knowen yea you your selues about two monethes after quite forgetting your first allegations say that the States of the Realme of ScotlaÌ„d depriued and deposed her At what time ye also made solemne hypocritical and cloked protestations how loth you were to publish and detect any matter to her dishonour Wherto might be replied against you aswel the rule of the law that Protestatio coÌ„traria facto non releuat as also the old prouerb Crotodili Lachryâ—â—a the false traiterous teares of the hypocritical Crocodile Fie therefore and out vpon these your Crocodile teares whereby you would perswade and make the world beleue that you wold redeme and saue her honor with your perpetual bannishment And as for the religion ye speake of it were much to be merueled and sore to be pitied if it could not be mainteined and borne out without suche soule dishonest and outragious meanes and shifts But al this your great feare least that ScotlaÌ„d otherwise shuld not be able to haue and beare
For the haue in al these their worslipful procedinge against her made suche a hotchepoche suche a minglemangle suche a confuse anâ— disordered Chaos against Iustice and Nature that they them selues were the Accusers they them selues the witnesses they them selues the Iudges and examiners of her cause Is there any honest meaning and gentle natured harte that can once patiently abide and suffer to heare these their taunting and intolerable outragious inueyings and accusations especially of the Earles Murray and MurtoÌ„ the Capiteines ringleaders and chief practitioners thereof against her to whome they are most depely bound aswel for high preferment vndeserued as for diuers pardons of death by manifolde treasons worthely deserued To whom the one of them is by nature and blood albe it base as a brother entierly conioyned And to whome they both ought to be with the rest as to their Irege Ladie most loially subiected Shal they now with the Lord Lindzay be admitted to staine and defile her honour to seeke her harts blood who long sithens had worthely lost ther ingrate chorlishe traiterouse blood if they had not ben preserued by her singuler and incredible clemencie Yet let vs coÌ„sider their precise and most holy forme of Iudgement The Queene was disorderly and rebelliously appreheÌ„ded she was cast in prison not once heard to answer for her selfe most instantly and pitifully crauing audience She was forced and constrained by most vehement and iust feare to geue ouer her Croune and dimisse the regiment to the Earle Murray One great argument of the said constraint and compulsion among other is that she neuer readde such writinges as were offered to her to be by her subscribed nor entred into any couenant or talke for the maintenance of her liuing or safegard of her life Which thing she would neuer by any indifferent mans iudgement haue done if she had freely and voluntarily yelded vp her Regal Dignity Neither can the pretensed ParlameÌ„t be preiudicial to her standing vpoÌ„ no better nor surer grouÌ„d then vpon such as we haue rehearsed and vpon such worshipful letters missiue as are by them I can not tel more falsly or more fondly counterfeited Surely such Traitours as durst laye violent handes vppon their Queene and intrude them selues into the Regal Gouernement will make but smal â–ª curtesie in the faining and forging a letter thereby to worke their purposed mischiefe I would then father demaund of them what authoritie they had to somon and assemble a Parlament And whether this fact of hers supposing she were therein guilty deserueth in her being a Prince and considering how heinously the Lorde Darley had offended her and the Croune of Scotland such extreme punishment to be leuied vpon her for one simple murther especially by them that committed that shameful murther vpon her Secretarie that haue committed so many treasons and daily do committe so many horrible murthers vpoÌ„ the Quenes true louing subiectes How many and how cruel and terrible deathes do such Traitours deserue We haue moreouer to demaund of them whereas they pretende a merueilous and a singuler zeale to religioÌ„ and holy Scripture and to measure al their doinges precisely by Scripture and order thereof what sufficient warrant they haue therein by their priuate authoritie to set violent handes vpon their annointed Prince I find ther that King Dauid was both an adultrer and also a murtherer I finde that God was highly displeased with him therfore Yet find I not that he was therefore by his subiectes deposed And here might I take occasion out of the sacred Scriptures to declaime and discours against your disordered doinges but that it is nedelesse and our matters otherwise growe long But yet consider ye with your selfe you the Earles Murray and Murton with your consociats that euen adiudging the Queene were culpable and in some fault as she is not in this matter whether it had not ben much better and more auaileable to your commoÌ„ wealth and to the state thereof prudently to haue dissembled the matter as your forefathers haue heretofore done in a greater cause then this namely in Duke Robert the Gouernour Kings Roberts brother then to haue permitted your coÌ„mon wealth to haue commen into so miserable and wretched a state as it is now falleÌ„ in and dayly like to be in worse case and worse I suppose it wil be found that it had ben a much better policie to haue reserued the punishment thereof to Gods owne rodde and iustice in this or in an other worlde then to haue taken from him that he hath reserued to his owne only iudgemeÌ„t and to haue geuen to the subiects of other Princes suche a wicked president that if these other subiectes treade fast vppon your steppes there wil shortly fewe Kinges and Princes haue any sure and fast holde of their Sceptre and Roâ—al Dignitie We conclude then against you speake and doe the worste by her that ye can inuent that your proceedinges be not agreable or correspondent to law order and Iustice and therfore to be reuoked and adnulled We say that the common rule of the lawe ought here to take place Spoliatus ante omnia restiâ—uendus est vnlesse where all lawes aswel Gods as mans lawe doe fauour and preferre Princes causes with singuler priuileges and prerogatiues ye haue now espied out a newe law whereby Princes shal haue and enioye lesse benefits and preeminences in their owne defence then other priuate persons We say that for these and many other good and necessary considerations all is voide that ye haue busied your selues about We say that al your dooinges ought to be remoued reuersed and clearly annulled and the Queene wrongfully by you displaced to be restored to her state and former dignitie and honour Then let the whole matter be if there be any iuste cause before competent and meete Iudges to sitte vppon a Prince iustly and orderly heard and determined For as for you especially the Earle Marray and Murton ye are to be charged and chalenged byside al other iust exceptions euen as the principal inuentours mainteiners and workers of this shamefull and cruel murther for the whiche ye haue made al this hurly burly and as I may say stirred heauen and earth against your owne very natural Prince Neither may the Lord Lindzay be heard or suffred to intermedle against her if lawe take place for diuers his demerites among which he standeth charged aswel for that that he was one of the chiefe instrumentes in the slaughter of the Queenes Secretarie Dauid as also in the apprehending and imprisoning of her Grace But I much muse and merueyle how the Bisshoppe of Orkney for shame coulde so presumptuously and heynously inueigh and declaime before the Commissioners of Englande against his Maistresse pretensed mariage with the Earle Bothwell seeinge that he him selfe did celebrate the solemnitie thereof Who also was your onely Bifshop that was present at the Coronation of your newe erected king A man moste apte and ready to serue
princeâ— qualities resplendent in her with maâ— whereof she is much adorned and singuleâ—ly endued that they haue in most earneâ— wise solicited and entreated that she mighâ— be restored againe to her honour anâ— Croune They haue moued the said Quenâ— of Scotland also that it may please her to accept and like of the most noblest man of all England betwene whome and her there might be a mariage concluded to the quieting and comforte of both the Realmes of England and Scotland Finally the noblemen of this our Realme acknowledge and accept her for the very true and right heire apparent of this Realm of England being fully minded and alwaies ready when God shal so dispose to receaue and serue her as their vndoubted Queene Maistresse and Souereigne whereby it may easely appeare howe wel they like of her cause that had the hearing and trial of the same although they neuer as yet came in her presence These things now and many other which for the eschuing of prolixitie we forbeare to enlarge our Treatise with may be alleaged for the defence of the Queenes integritie and for the vprightnes of her cause the whiche I would wishe you the Earles Murray and Murton with your allied confederats before al other most depely and bytimes to weigh and consider accordingly as thâ— weight and greatnes of the cause as your owne safety with the welth and honor of your owne natiue Countrey do require I am not ignorant that the matter is gone very farre with you and that many impedimentes doe concurre to withdraw you to seeke that remedy for reformation of things past which is the best and the only remedy But surely when ye haue fully weighed al thinges on euery side accordingly ye shall finde no sure and sound remedie but in making a true a sincere and an vnfained huÌ„ble submission to your gratious Queene whom ye haue so greeuously offended and molested Let not the greatnes or number of your treasons wrought against both your Quene and CouÌ„trey let not any vaine false imagined opinioÌ„ either of the shame of the world or of your vtter ouerthrowe by reason of suche fond presumption of your present high estate of your great power force and strength let no vaine expectation of external succours stay or stop you from so necessarie a duetie and so commendable before God and the worlde Ye best knowe that among al the Princely ornamentes and vertues of your Queene her mercy and clemeÌ„cy are singuler and peerlesse She seemeth well to haue learned that lesson of the Gospel If thy brother doe offend thee forgeue him not onely seauen times but seanenty times seauen times She will not onely forgeue but forget also She neither is ignorant in what state her Realme standeth in nor that extreme seueritie from the which she naturally abhorreth is not of al other times now against suche as wil imbrace mercie offered to them to be shewed and practised She wil rather like the lawe of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 obliuion and forgetfulnes so much of the Writers commended The great benefite wherof ye haue so often and so abundantly receaued at her handes And therfore ye neede the lesse to feare the discontinuance of your high and honourable estate and condition As for shame it standeth in the euil doing it self and not in the amending and reforming of il deedes which amendement and reformation if ye earnestly and truely mind it wil be to the great contentation of your most gratious Queene and of al her louing subiects And in so doing you shal both highly auaunce your honourable estate and estimation and make her a good amends for that which is past and can not be reuoked But on the other side if ye geue ouer and refuse this occasion now present and go forward with your rebellious enterprises and attempts minding to abide and trie the vttermoste ye must wilfully cut away and exclude from your selfe al good hope of mercie and pardoÌ„ and take a wrong way for your owne saftie and preseruation For your cause is naught and so ye well know it to be And therfore can ye not loke to haue and obteine a good prosperous successe and ende thereof Wel ye may as hitherto ye haue done tosse turmoile and tumble al thinges vpside dounewards for a while but be ye assured that Gods hande wil fal and light the heuier and with a greater paise vpon you at the length therefore It is easy to be seen by the course of all times aswel by your owne very Stories at home as by the Chronicles of all other Nations abrode to what ende commonly such seditious conspiracies and treasons do come to that is to the vtter ouerthrow and confusion for euer of those persons that worke attempt practise and mainteine the same They seeme for a while to beare great sway and al the world for a while to runne with them but in the ende they faile and are cleane geuen ouer What meruaile were it if a house should not long continue that is builded but vpon a yelding sandy grounde Ye haue builded and founded al your doinges vpon vntrue and lying slauÌ„ders and treacherous treasons against your dread Souereigne The sincere veritie whereof we haue herein truely declared The which being once throughly detected and euidently knowen to such as ye haue in Scotland craftily abused and shamefully circumuented as surely it daily bursteth out more and more ye shal see your selues sodenly leaft naked and quite forsaken euen of those who haue bene your greatest assisters aiders and furtherers For as the old prouerbe is Trueth is the daughter of time And as ye shal be leaft alone at home so can ye not looke for maintenance and vpbearing of foraine Prinâ—es They wil not defile them selues and their honourable vocation with helping so foule a cause and so dangerous and perilous a matter that may tende to the molestation and hurt not only of their owne state but of the states of all Kinges Christened Nay ye must rather thinke that otheâ— Princes wil iudge and take it to touch theâ— to nigh to suffer such a vilanie to passe anâ— escape vnreuenged and so good a Ladie tâ— be left destitute and desolate The Emperouâ— wil not beare it France wil not beare iâ— Spaine wil not beare it And especially England with her worthy Nobilitie wil noâ— beare or suffer such outragious dealinges against their next louiÌ„g neighbour yea againâ—â— the heire appareÌ„t of this most noble Realmeâ— albe it that ye with your surmised lyes the better to mainteine your vsurped and new erected Kingdome put others in feare oâ— their owne state in case the said innocent Queene should be restored to her Croune againe FINIS the teares of an english hart And his soden arryuall here with all the maner and circumstances thereof would yeelde nevve argumeÌ„ts of an other much loÌ„ger discourse For first his coÌ„ming hither as it vver in a maske bewraies a strange melancholik
of God almighty onely But yet for arguments sake I would faine knowe where you finde your differēce and what authoritie you can shew for the prouf thereof Ye haue made no marginal note of any authoritie and therefore vnlesse ye also saye that ye are Pythagoras I will not beleue your difference Wel I am assured that I can shew you good authoritie to the contrarie and that there is no difference in your cases Pervse I praie you 22. H. 6. And there may you see the opinion of Iustice Newton that there is no difference in your cases but that in both your cases the lande shall eschete vnto the Lorde And Prisote being then of Coūsayle with the party that claimed the lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in law vpon the title This authoritie is against your difference and this authoritie I am wel assured is better then any that you haue shewed to proue your difference But if we shal admitte your difference to be according to the law yet your cases wherevnto you applie your difference are nothing like as I haue said before But to procede on in the proufe of our purpose as it doth appeare that neither the King nor his Croune is bound by these general rules which before I haue shewed so do I likewise say of al the residue of the general rules and Maximes of the lawe being in a manner infinite But to retourne againe vnto your onely supposed Maxime whiche you make so general concerning the dishabilitie of persons borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of this Realme of Englande as it may appeare by King Stephen and by King Henry the seconde who were both straungers and Frenchemen and borne out of the Kinges allegeance and neither were they Kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull Kinges of England nor their title was by any man at any time defaced or comptrolled for any such consideration or exception of foraine birth And it is a worlde to see how you would shifte your handes from the said King Henry Ye say he came not to the Croune by order of the lawe but by capitulation for asmuch as his mother by whome he conueied his Title was then liuing Well admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abilitie And although I did also admit that he had not the Croune by order of the law during his mothers life yet after his mothers death no man hath hitherto doubted but that he was King by lawful succession and not against the lawes and Customes of this Realme For so might you put a doubt in al the Kinges of this Realme that euer gouerned sithens and driue vs to seake heires in Scotland or els where Whiche thing we suppose you are ouer wise to goe about Bysides this I haue hard some of the aduersaries for farther helpe of their intention in this matter saye that King Henry the second was à Queenes childe and so King by the rule of the commō law Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by King Stephen And therefore King Henry the second can not iustly be saied to be a Queene of Englandes childe nor yet any Kinges childe vnlesse ye would intend the Kinges children by the wordes of Infantes de Roy c. to be children of farther degree and descended from the right line of the King so ye might say truely that he was the child of King Henry the first being in deede the sonne and heire of Maude the Emperesse daughter and heire of Kinge Henrie the first Whereby your saide rule is here fowly foiled And therefore ye would faine for the maintenance of your pretensed Maxime catche some holde vppon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde Ye say then like a good and ioly Antyquarie that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected frō the Croune for that cause it is very false Neither haue you any autoritie to proue your vaine opinion in this pointe For it is to be proued by the Cronicles of this Realme that King Richarde the first vncle vnto the sayd Arthur taking his iourney towarde Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune whiche would not haue ben if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although King Iohn did vsurpe aswel vpon the saide King Richard the firste his eldest brother as also vpon the sayd Arthur thur his nephewe yet that is no prouf that he was reiected bycause he was borne out of the Realme Yf ye could proue that then had you shewed some reason and president to proue your intent whereas hytherto you haue shewed none at al nor I am wel assured shal neuer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by th' Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of Englād These reasons and authorities may for this time suffice to proue that the Croune of this Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same Whiche thing being true al the obiectiōs of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of this Realme are fully answered and thereby clearly wiped away Yet for farther arguments sake and to the ende we might haue al matters sifted to the vttermost and therby al things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of this Realme were to be examined and tried by the rules and principles of the cōmon law and then let vs consider and examin farther whether ther be any rule of the cōmon law or els any statute that by good and iust construction can seeme to inpugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente frō King Henry the seuēth and by his eldest daughter as we haue shewed there is no man so impudent to denie What is there then to be obiected among al the rules Maximes and iudgements of the cōmon law of this Realm Only
Liberi Therefore doo we supply it as wel as we may by this worde children The Spaniardes also vse this worde Infantes in this ample sorte when they call the nexte heire to the heire apparēt Infant of Spaine euen as the late deceased Lorde Charles of Austrich was called his father and grandfather then liuing Yf then the original word of the statute declaring the said rule may naturally and properly apperteine to al the Descendants why should we straine and binde it to the first degree only otherwise then the nature of the worde or reason wil beare For I suppose verely that it wil be very harde for the Aduersarie to geue any good and substantial reason why to make a diuersitie in the cases But touching the contrarie there are good and probable consideratiōs which shall serue vs for the seconde cause As for that the grādfathers cal their nephewes as by a more pleasant plausible name not only their children but their sonnes also and for that the sonne being deceased the grādfather suruiuing not only the grādfathers affection but also such right title and interest as the sonne hath by the lawe and by proximitie of blood growe and drawe al to the nephew who representeth and supplieth the fathers place the father and the sonne being compted in person and in flesh in maner but as one Why shal then the bare and naked consideration of the external and accidental place of the birth only seuer and sunder suche an entier inwarde and natural coniunction Adde therevnto the many and great absurdities that may hereof spring and ensue Diuerse of the Kinges of this Realme as wel before the time of King Edwarde the third in whose time this statute was made as after him gaue their daughters out to foraine and sometimes to meane Princes in mariage Which they would neuer so often times haue done if they had thought that whyle they wente about to set forth and aduance their issue their doinges should haue tended to the disheriting of them from so great large and noble a Realme as this is which might haue chanced if the daughter hauing a sonne or daughter had died her father liuing For there should this supposed Maxime haue ben a barre to the children to succede their grandfather This absurditie would haue bene more notable if it had chanced about the time of King Henry the secōd or this king Edward or king Henry the firste and sixte when the possessions of the Croune of this Realme were so amply enlarged in other Countries beyond the seas And yet neuer so notable as it might haue bene hereafter in our fresh memorie and remēbrance if any such thing had chanced as by possibilitie it might haue chanced by the late mariage of King Philippe and Queene Marie For admitting their daughter maried to a foraine Prince should haue dyed before them she leauing a sonne suruiuing his father and grandmother they hauing none other issue so nigh in degree then would this late framed Maxime haue excluded the same sonne lamētably and vnnaturally from the succession of the Croune of Englande and also the same Croune from the inheritance of the Realmes of Spain of both Sicilies with their appurtenāces of the Dukedō of Milan and other landes and Dominiōs in Lumbardy and Italie as also from the Dukedomes of Brabant Luxēburg Geldres Zutphan Burgundie Friseland from the Countreies of Flandres Artois Holland Zealād and Namurs and from the new found lands parcel of the said Kingdome of Spaine* Which are vnlesse I be deceued more ample by dubble or treble then al the Countreies now rehearsed Al the which Countreies by the foresaid Mariage should haue bene by al right deuolued to the said sonne if any such child had bene borne If either the same by the force of this iolye newe found Maxime had bene excluded from the Croune of England or the saide Croune from the inheritance of the foresaid Countreies were there any reason to be yelded for the maintenance of this supposed rule or Maxime in that case Or might there possibly rise any commodity to the Realme by obseruing therein this rigorous pretensed rule that should by one hundred part counteruaile this importable losse and spoile of the Croune and of the lawful inheritour of the same But perchance for the auoiding of this exception limited vnto the blood roial some wil say that the same was but a priuilege graunted to the Kinges children not in respect of the succession of the Croune but of other landes descending to them from their Auncestours Whiche although we might very wel admit and allow yet can it not be denied but that the same priuilege was graūted vnto the Kinges children and other descendantes of the Blood roial by reason of the dignity and worthines of the Croune which the King their father did enioy and the great reuerence which the law geueth of dewtie therevnto And therefore if ye would go about to restraine and withdraw from the Croune that priuilege whiche the lawe geueth to the Kinges children for the Crounes sake ye should doo therein contrarie to al reason and against the rules of the Arte of Reasoning which saith that Propter quod vnumquodque illud magis Byside that I would faine knowe by what reason might a man saye that they of the Kinges Bloodde borne out of the allegeaunce of Englande maye inherite landes within this Realme as heires vnto their Ancestours not being able to inherite the Croune Truly in mine opinion it were against al reason But on the contrarie side the very force of reason muste driue vs to graunt the like Yea more great and ample priuilege and benefit of the law in the succession of the Croune For the Roial blood where so euer it be found wil be taken as a pretious and singuler Iewel and wil carie with it his worthie estimation and honour with the people and where it is dew his right withal By the Ciuil law the right of the inheritance of priuate persons is hemmed and inched within the bandes of the tenth degre The Blood roial runneth a farther race and so farre as it may be found wherewith the great and mightie Conquerors are glad and faine to ioine withal euer fearing the weaknes of their blooddie sworde in respect of the greate force and strength of the same For this cause was Henrie the firste called for his learning and wisedome Beauclerke glad to consociate and couple him self with the auncient Roial blood of the Saxons which cōtinuing in the Princely Successiō from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and revnited From this Edward the Queene of Scotlād as we haue before shewed taketh her noble auncieht Petigrue These then and diuers other reasons and causes mo may be alleaged for the waying and setting foorth of the true meaning
and intent of the said law Now in case these two causes and cōsiderations wil not satisfie th Aduersarie we wil adioine therevnto a third which he shal neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward We stand vpon the interpretation of the cōmon law recited and declared by the said statute And how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the lawe is custome But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and such as were plainely borne out of the Kings allegeance The soresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other King Edward the Confessour being destitute of a lawful Heire within the Realme sent into Hūgary for Edward his Nephew surnamed Outlaw son to King Edmūd called Irōside after many yeres of his exile to returne into Englād to th' intent the said Outlaw should inherite this Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the said king Edward his Vncle. After whose death the said king apointed Eadgar Etheling sonne of the said Outlaw being his next cosen and heire as he was of right to the Croune of Englād And for that the said Eadgar was but of yong and tender yeares and not able to take vpō him so great a gouernement the said king cōmitted the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to weld the state of a King Which Harold neuerthelesse cōtrary to the trust supplanted the said yong Prince of the Kingdome and put the Croune vpon his own head By this it is apparent that foraine birth was not accōpted of before the time of the Cōquest a iust cause to repel and reiect any man being of the next proximitie in blood frō the Title of the Croune And though the said king Edward the Cōfessors wil and purpose toke no such force and effect as he desired and the law craued yet the like succession toke place effectuously in king Stephen and king Hēry the secōd as we haue already declared Neither wil th' Aduersaries shift of foramers borne of father and mother which be not of the kings alegeāce help him forasmuch as this clause of the said statut is not to be applied to the kings childrē but to others as appeareth in the same statute And these two kings Stephē and Henrie the 2. as they were borne in a forain place so their fathers and mothers wer not of the kings allegeāce but mere Aliens and strāgers And how notorious a vaine thing is it that th' Aduersarie would perswade vs that the said K. Henrie the secōd rather came in by force of a cōposition then by the proximitie and nearenes of blood I leaue it to euery man to cōsider that hath any maner of feling in the discours of the stories of this realm The cōpositiō did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right therby then was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no childrē And no dout in case she had had any children by th'Emperour they should haue ben heires by succession to the Croune of England After whose death she retourned to her father yet did King Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and after her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat of her this Henry the second being in France Whervpon the said King did reuiue and renue the like othe of allegeāce aswel to her as to her sonne after her With the like false persuasiō the Adueruersarie abuseth him selfe and his Reader touching Arthur Duke of Britanie Nephew to King Richard the first As though forsooth he were iustly excluded by Kinge Iohn his vncle by cause he was a forainer borne If he had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of this Realme as may wel appeare among other thinges by King Richard the second who succeded his grādfather king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chalenge their title and interest yet should he haue had some countenance of reason and probabilitie bicause many arguments and the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdom a sufficiēt barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a most vnsure and false ground seeing it is moste true that King Richard the first as we haue said declared the said Arthur borne in Britanie and not son of a King but his brother Geffreys sonne Duke of Britanie heire apparent his vncle Iohn yet liuing And for such a one is he taken in al our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other then for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away For the which facte the French King seased vpon al the goodly Coūtries in France belonging to the King of England as forfeited to him being the chiefe Lorde By this outragious deede of King Iohn we lost Normandie withall and our possibilitie to the inheritance of all Britanie the right and Title to the said Britanie being dewe to the said Arthur and his heires by the right of his mother Constance And though the said king Iohn by the practise and ambition of Quene Elenour his mother and by the special procurement of Huberte then Archebishop of Caunterburie and of some other factious persons in Englād preuēted the said Arthur his nephew as it was easy for him to do hauing gotten into his handes al his brother Richardes treasure by sides many other rentes then in England and the said Arthur being an infante
and remaining beyond the sea in the custody of the said Constance yet of this fact being against al Iustice aswel the said Archbishop as also many of th' other did after most earnestly repent considering the cruel and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himself Which most foul aÌ„d shamful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had beÌ„ barred to inherit the Croune of England And much lesse to haue imprisoned that most innocent Ladie Elenor sister to the said Arthur in Bristow Castle wher she miserably ended her life if that gay Maxime would haue serued to haue excluded these two childreÌ„ bicause thei wer straÌ„gers borne in the partes beyond the seas Yea it appeareth in other doings also of the said time and by the storie of the said Iohn that the birth out of the legeaÌ„ce of England by father aÌ„d mother foram was not takeÌ„ for a sufficieÌ„t repulse and reiectioÌ„ to the right and title of the Croune For the BaroÌ„s of EnglaÌ„d being then at dissension with the said King Iohn and renouÌ„cing their allegeance to him receaued Lewis the eldest sonne of Philip the FreÌ„ch king to be their King in the right of Blanch his wife whiche was a stranger borne albe it the lawful Neece of the said Richard and daughter to Alphonse king of Caâ—til begotten on the bodie of Elenour his wife one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn Which storie I alleage only to this purpose thereby to gather the opinion of the time that foraine birth was then thought no barre in the Title of the Croune For otherwise how could Lewis of FraÌ„ce preteÌ„d title to the Croune in the right of the said Bblach his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatioÌ„s or otherwise worse depraued for a good sure and substantial interpretation of the coÌ„mon law And it were not altogether from the purpose here to consider and weigh with what and how greuous plagues this Realme hath bene oft afflicted and scourged by reason of wrongful and vsurped titles I wil not reuiue by odious rehearsal the greatenes and number of the same plagues as wel otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remeÌ„brance extinct and buried I wil now put the gentle Reader in remembrance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncieÌ„t what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monumeÌ„ts of our Historiographers do plainly testifie was the true and lawful Heire Could he thinke you enioy his ambitious and naughty vsurping one whole entier yere No surely ere the first yeare of his vsurped reigne turned about he was spoiled and turned out both of Croune and his life withal Yea his vsurpation occasioned the conquest of the whole realme by WilliaÌ„ Duke of NormaÌ„die bastard sonne to Robert the sixt Duke of the same And may we thinke al safe and sound now from like danger if we should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice What shal I now speake of the cruel ciuil warres betwene King Stephen and King Henry the second whiche warres rose by reason of the said Henry was vniustly kept froÌ„ the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lament with the lamentable losse of Normandie Aquitaine and the possibilitie of the Dukedome of Britanie and with the losse of our other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur Wel let vs leaue these greuouse and lothsome remembrances and let vs yet seeke if we may finde any later interpretation either of the said statute or rather of the coÌ„mon law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exaÌ„ples would not serue prouided a later but so good so sure so apt and mete interpretatioÌ„ for our cause as any reasonable hart may desire The interpretatioÌ„ directly toucheth our case which I meane by the mariage of the Lady Margaret eldest daughter to King HeÌ„ry the vij vnto Iames the fourth KiÌ„g of ScotlaÌ„d and by the opinioÌ„ of the said most prudeÌ„t Prince in bestowing his said daughter into ScotlaÌ„d a ma ter sufficient inough to ouerthrow al those cauilling inueÌ„tioÌ„s of the aduersarie For what time King Iames the fourth sent his ambassadour to king HeÌ„ry the seueÌ„th to obteine his good wil to espouse the said Lady Margaret there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not wel like vpon the said Mariage saying it might so fal out that the right and Title of the Croune might be deuolued to the Lady Margaret and her childreÌ„ and the Realm therby might be subiect to ScotlaÌ„d To the whiche the prudent and wise King answered that in case any such deuolution should happen it would be nothing preiudicial to England For England as the chief and principal and worthiest part of the I le should drawe Scotland to it as it did Normandie from the time of the Conqueste Which answere was wonderfully wel liked of al the Counsaile And so consequâ—tly the mariage toke effect as appereth by Polydor the Historiographer of this Realm and such a one as wrote the Actes of the time by the instruction of the King him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband we could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of this Realme Wherevpon I may wel inferre that the said newe Maxime of these men whereby they would rule and ouer rule the succession of Princes was not knowen to the said wise King neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of Quene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first degree
betwene his sonne Edward and the said Lady and Quene Surely he was to wise of him selfe and was furnished with to wise CouÌ„sailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherision for any special inclination or fauour he bare to the French Queene his sisters children For there haue bene of his neere and priuie Counfaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howe so euer this matter goeth certeine it is that if this pretensed Wil be true he transferreed and traÌ„sposed the reuersion of the Croune not only from the Queene of ScotlaÌ„d from my Ladie Leneux and their issue but euen from my Ladie Francis and my Ladie Elenour also daughters to the Frenche Queene whiche is a ching in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remeÌ„brance of two other most pregnaÌ„t and notable coniectures and presumptions For among al other incoÌ„ueniences and absurdities that do and may accoÌ„panie this rash and vnaduised acte by this preteÌ„sed Wil inconsiderately mainteined it is principally to be noted that this Acte geueth appareÌ„t and iust occasion of perpetual disherison of the Style and Title of FraÌ„ce incorporated and vnited to the Croune of this Realme For whereby do or haue the Frenchmen hitherto excluded the Kings of this Realme claiming the Croune of France by the Title of Edward the third falling vpon him by the right of his mother other then by a politike and ciuil law of their owne that barreth the female from the right of the Croune And what doth this preteÌ„sed Act of king Henrie but iustifie and strengthen their quarel and ouerthoweth the foundatioÌ„ and bulworke wherby we mainteme our foresaid Title and claime If we may by our municipal law exclude the said Queene of Scotland being called to the Croune by the Title of general heritage then is their municipal law likewise good and effectual and coÌ„sequently we 〈◊〉 and haue made al this while an vniust and wrongful claime to the Croune of France But now to go somewhat farther in the matter or rather to come neerer home and to the quicke of the matter we say as there was some apparent and good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation and appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and Wil which may easely be altered and counterfeyted And least of al make such assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison For the Kinges exaÌ„ple and boldnes in interrupting and cutting away so many branches of the neerest side and line might sone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the King him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis. And did not I pray you this drift and deuise fal out euen so tending to the vtter exclusioÌ„ of the late Queene Marie and her Sister Elizabeth if God had not of his mercy most gratiously and wonderfully repressed and ouerthroweÌ„ the same These reasons then and presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of th' Aduersaries grounded vpon vncertaine and mere surmises ghesses and coniectures as among other that the King was offended with the Quene of Scotland and with the Ladie Leneux Which is not true And as for the Ladie Leneux it hath no manner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the King would haue especially at that time for such cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realm or was it thinke ye euer thought by the Parlament that the King should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offended with the FreÌ„ch Quenes childreÌ„ why did he disherite the Ladie FraÌ„cis and the Ladie Elenor also Their other presumption whiche they ground vpoÌ„ the auoyding of the vncertenty of the succession by reason of his Wil is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure that contrarywise it is subiecte to more vncerteintie and to lesse suertie then before For whereas before the right and claime to the Croune hong vppon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vppon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoided so now depending vpon the statute onely it is as easie by an other statute to be intringed and ouerthrowen And depending vppon a Testament is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the Witnesses vnexamined and for many other like considerations The Monumentes of al antiquitie the memorie of al ages and of our owne age and dayly experience can tel and shewe vs many lamentable examples of many a good and lawful Testament by vndue and craftie meanes by false and suborned witnesses by the couetous bearing and main tenance of such as be in authoritie quite vndone and ouerthrowne Wherefore Valerius Maxtmus crieth out against M. Crassus and Q. Hortensiu Lumina â—uriae ornamenta Fori quod scelus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presumption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the King would not hasard
the establishing of the succession and prouiding that the Realme should not be left void of a Gouernour And therefore we must not subuert the statute in cauilling for the defect of the Kings hand forasmuch as the Parlament might haue had authorised his consent only without any hand writing Which as I doe not denie so in these great affaires and so ample a commission in suche absolute authoritie geuen to him it was prouidently and necessarily foresene to binde the Acte to the Kings owne hand for auoyding al sinister and euil dealing the whiche the Aduersaries would haue vs in no case to misdoubt or mistrust in this Wil. Whereas the notoriousnes of the fact and the lamētable euent of things do openly declare the same and pitifully crieth out against it Neither wil we graunt to them that the minde and purpose of the Parlament is satisfied for such causes as we haue and shall hereafter more largely declare And if it were otherwise true yet doth this only defect of the Kinges hand breake and infringe the whole Acte For this is a statute correctorie and derogatorie to the common course of the Lawe as cutting away the successiō of the lawful and true inheritours It is also as appeareth by the tenour of the same a most greuouse penal Law and therfore we may not shift or alter the wordes of the law Neither may we supply the māner and doing of the Acte prescribed by any other Acte equiualent So that albe it in some other thing the Stampe or the Kinges certaine and knowen consente may counterpaise his hande yet as the case standeth here it wil not serue the turne by reason there is a precise order and forme prescribed and appointed Wherfore if 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 the said persons the acte by the iudgement of learned Ciuilians is vitious and of no valewe yea though the reason of the lawe cease yet must the forme be obserued For it is a rule and a Maxime that wher the law appointeth and prescribeth a certaine plat forme whereby the Acte must be bound and tyed in that case though the reason of the law ceasse yet is the acte voyd and naught And whereas the Aduersaries obiecte against this rule the Parlamentes made by Queene Marie without the vsual style called and somoned this obiection may sone be answered For it may sone appeare to all them that reade and pervse the said statute of Anno 35. Henrici octaui conteining the said style that by any especial wordes therin mentioned it is not there limited and appointed that the forme of the style therin sette foorth should be obserued in euery Writ And therfore not to be cōpared vnto the said statutes of 28. and 35. Henrici octaui wherein by special wordes one expresse forme and order for the limiting of the succession of the Croune by the King is declared and set forth Bysides that the said Writtes being made both according to the auncient forme of the Regester and also by expresse commaundement of the Prince vtterly refusing the said style could neither be derogatorie to the said Queenes Maiestie and her Croune nor meaning of the said statute Cōcerning the said style and for a final and sul answere vnto this matter it is to be noted that the Writts being th'Actes of the Court though they wante the prescript fourme set foorth either by the common lawe or statute yet are not they nor the iudgements subsequēt thervpon abated or voide but only abatable and voidable by exception of the partie by iudgemente of the Courte For if the partie without any exception doo admitte the forme of the said Writte and pleade vnto the matter whervpon the Court doth procede then doth the Writte and the iudgement therevpon following remaine good and effectual in lawe And therefore admitting that the said statute of 35. H. 8. had by special wordes appointed the said style to be put in euery Writte and that for that cause the said Writtes of Somons were vitious wanting their prescript forme yet when the parties vnto the said Writtes had admitted them for good both by their electiō and also by their appearence vpon the same the law doth admit the said Writtes and al actes subsequent vpon the same to be good and effectual And yet this maketh no prouffe that therfore the said supposed Wil wanting the prescript order and fourme should likewise be good and effectual in law For as touching specialties estates and cōueiances or any other external acte to be done or made by any person whose forme and order is prescribed either by the cōmon law or by statute if they want any part of their prescript forme they are accōpted in law to be of no validitie or effect As for example the law doth appoint euery Specialtie or Deede to be made either in the first person or in the third person Therefore if part of a Deede be made in the first person and the residue in the thirde person that Dede is not effectual but void in the law Bysides that the law hath appointed that in euery Deede mention should be made that the partie hath putto his Seale to the same If therefore any Deede doth want that special clause and mention although the partie in deede hath put his Seale vnto the same yet is that Dede or Specialtie void in law So likewise the law geueth authoritie to the Lorde to distraine vpon the land holden of him for his rentes and seruices dewe for the same And farther doth appoint to carie or driue the same distresse vnto the pound there to remaine as a gage in law for his said rents and seruices If the Lord shal either distraine his Tenāt out of his Fee or Seignory or if he shal labour and occupie the Chatles distrained the distresse so takē by him is insurious and wrongful in law forasmuch as he hath not done according to the prescribed order of the law The statute made An. 32. H. 8. geueth authoritie vnto Tenant in taile and to others being seased of land in the right of their wiues or Churches to make leases of the same Wherin also a prescript order and forme for the same is set foorth If any of the said persons shal make any Lease wherin he doth not obserue the same prescribed order in all pointes the same Lease is not warranted in any point by the said statute Likewise the statute made in Anno 27. Henrici octau◠of Bargaines and sales of land appointeth a forme and order for the same that they must be by writing indēted sealed and enrolled within six monethes next after the dates of the same writings If any bargaine and sale of land be made wherein any of the thinges appointed by the said statute are omitted the same is vitious and voide in the lawe So
whole Realme or with the minde purpose and intente of the said Parlament that the King should not onely frustrate and exclude suche whose right by the common lawe is moste euidente and notoriouse but call and substitute suche other as by the same lawe are plainely excluded In consideration whereof many notable Rules of the Ciuil lawe doo concurre First that who soeuer geueth any man a general authoritie to do any thing seemeth not to geue him authoritie to do that thing which he would not haue graunted if his minde therein had bene seuerally and specially asked and required Againe general wordes either of the Testatours or of suche as make any contract and especially of statutes touching any persons to doe or enioy any thing ought to be restrained and referred to hable mete and capable persons only It is further more a rule and a Principle that statutes must be ruled measured and interpreted according to the minde and direction of the general and common lawe Wherefore the King in limiting the succession of the Croune in this sorte as is pretended seemeth not to answere and satisfie the expectation of the Parlament putting the ease there were any such surmised impediment as also on the other side likewise if there were no such supposed impedimēt For here an other rule must be regarded whiche is that in Testaments Contractes and namely in statutes the generalitie of wordes must be gently and ciuilly moderated and measured by the common law and restrained when so euer any man should by that generalitie take any dāmage and hurte vndeseruedly Yea the Statute shal rather in that case ceasse and quaile and be taken as void As for example it appereth by the Ciuil law that if it be enacted by statute in some Cities that noman shal pleade against an Instrument no not the Executour yet this notwithstanding if th'Executour make a true and perfect Inuentarie of the goodes of the Testatour if he deale faithfully and truely rather then he should wrongfully and without cause paie the Testatours debt of his owne he may come and pleade against the Instrument Wherefore the Kinges doings seeme either muche defectiue in the said Ladie Francis and Ladie Elenour or much excessiue in their children And so though he had signed the said Wil with his hand yet the said doings seme not cōformable to the mind and purpose of the Parlamēt We wil now go forward and propound other great and graue cōsiderations seruing our said purpose and intent Whereof one is that in limiting the Croune vnto the heires of the bodie of the Ladie Francis the same Ladie then and so long after liuing the said King did not appoint the Succession of the Croune according to th' order and meaning of the honourable Parlament forasmuch as the said Acte of Parlament gaue to him authoritie to limite and appoint the Croune to such person or persons in reuersion or remainder as should please his Highnes Meaning thereby some person certaine of whom the people might haue certaine knowledge and vnderstanding after the death of King Henrie the eight Which persons certaine the heires of the Ladie Francis could not by any meanes be intended forasmuch as the said Ladie Francis was then liuing and therfore could then haue no heires at al. By reason wherof the people of this Realme could not haue certaine knowledge and perfit vnderstanding of the Succession according to the true meaning and intent of the said Acte of Parlament But to this matter some peraduenture would seeme to answere and say that although at the time of the said King Henries death the Heires of the bodie of the said Ladie Francis begotten were vncertaine yet at suche time as the said remainder should happen to fal the said heires might then certainly be knowen In deede I wil not deny but that peraduenture they might be then certainly knowen But what great mischieffes and inconueniences might haue ensewed and yet may if the Wil take place vpon that peraduenture and vncertaine limitation I would wishe all men well to note and consider It is not to be doubted but that it might haue fortuned at such time as the remainder shuld happē to fal to the said heires of the Ladie Frācis the same Lady Frācis should then be also liuing who I pray you then should haue had the Croune Paraduēture ye wold say the heires of the body of the Ladie Elenor to whō the next remainder was apointed Vndoubtedly that were cōtrarie to the meaning of the said supposed Wil forsamuch as the remainder is therby limited vnto the heires of the body of the Ladie Elenour only for default of issue of the Ladie Francis. Wherby it may be very plainly gathered vpō the said supposed Wil that the meanīg therof was not that the childrē of the Lady Elenour should enioye the Croune before the children of the Lady Francis. But what if the said Ladie Elenour had ben then also liuing which might haue happened forasmuch as both the said Ladie Frācis and Ladie Elenour by common course of nature might haue liued longer then vntil this day who then should haue had the Croune Truly the right Heyre whome this supposed Wil meante to exclude so long as there should remaine any issue either of the body of the said Ladie Francis or of the bodie of the said Ladie Elenour lawfully begotten And therefore quite contrarie to the meaning of the said supposed Wil. Wherfore I doe verely thinke that it would hardly sinke into any reasonable mans head that had any experience of the great wisdom and aduised doings of King Hēry the eight about other matters being of nothing like weight that he would so slenderly and so vnaduifedly dispose the successiō of the croune whervpon the whole estate of this Realme doth depend in suche wise that they to whom he meant to geue the same by his wil could not enioye it by the lawe Wherevpon ye may plainely see not only the great vnlikelihod that King Hēry the eight would make any such Wil with such slender aduise but also that by the limitation of the said Will the succession of the Croune is made more vncertaine and doubtful then it was before the making of the said Actes of Parlament Which is cōtrary to the meaning and intent of the said Actes and therfore without any sufficient warrant in law But peraduenture some here wil say that although these dangers and vncertainties might haue ensewed vpon the limitation of the said wil yet forasmuch as they haue not happened neither be like to happē they are therefore not to be spoken of Yeas verely it was not to be omitted For although these things haue not happened and therefore the more tolerable yet forasmuch as they might haue happened by the limitation of the said supposed Wil cōtrary to the meaning of the said Actes the Wil can not by any meanes be said to be made according to the meaning and intent of the makers of
hauing and following of this law as we haue said vnlesse to omitte other thinges ye would bind our Kinges also to receaue the Deuteronomie at the haÌ„ds of the Leuitical Tribe as that ye say that God gaue here a lawe to the Iewes to make or choose a King and so consequently al your illations out of this place seeme to be of smal force For to say the trueth as God neither gaue them this or any other lawe for choosing of a King nor did bid or will them to choose a King so did the people most greeuously offend God in demanding a King. For though by the iudgement of Aristotle and other Philosophers Monarchie wel and orderly vsed is the best kinde of al other Regiments which God doth also wel like yet would he haue no such magistrate among the Iewes But as he chose them for his propre peculier and selecte people and ruled them as wel in the Desert as in Iudea by a seueral peculier and distinct order and Gouernement from other Nations and after suche wonderful and miraculous sort as the like was neuer harde of in any Regiment by sides so would he also reserue to him selfe only the said Supremacie and Monarchie Neither was he a litle angrie with the Iewes nor they committed any smal fault but as it were renounced and reiected Gods owne Monarchie in crauing a King as holy Scripture plainely and openly testifiet Nonâ—ie inquit reiecerunt sed me ne regnem super eos And the people afterwardes acknowledged their fault Addidimus vniuersis peccatis nostris malum vt peteremus nobu Regem God therefore did not bidde them or wil them to choose a King but forknowing long before by his eternall forsight what they would do though contrarie to his blessed wil and pleasure did in this as in other matters beare with their weakenes and condescended vnto the same and fortold them in the said 17. Chapter that in case they would needes haue a King of what kind and sort he should be And therefore immediatly before the wordes that ye recite thou shalt make him a King ouer them is this texte Cum ingressus fuer is terram quam Dominus Deus dabit tibi possederis illam habâ—â—auerisque in illa dixeris constituam super me Regem sicut habent omnes per circuitum Nationes â—um constitues c. And when thou shalt come into the laÌ„d which the Lord thy God geueth thee and shalt possesse yea and dwel therein if thou say I wil set a King ouer me like as all the Nations that are about me then thou shalt make him King ouer thee whome c. Whiche wordes making for the illustratioÌ„ of this place ye haue omitted Wherfore as this place serueth nothing for any absolute election of a King the second which you seeme especially to regard and ground your selfe vpon so doth it as we haue shewed as litle relieue you to prooue therby your conclusions especially against the ordinarie successioÌ„ either of a strauÌ„ger or of a woman that ye would gather and conclude out of the same Thus haue we sufficiently answered the place of Deuteronomie for this one purpose Th' other two autorities may be much more easely answered The people meant nothing els by their said wordes spoken to Dauid but that they were the seede of Abraham Isaac and Iacob as wel as he and intended with true and sincere hartes vnfainedly to agnise him as their chiefe Lord and Soueraigne For at that time the Tribe of Iuda only whereof King Dauid came by lineal descent did acknowledge him as king Now the residue which before helde with Saules sonne did also incorporate and vnite themselues to the said kingdome If this man looke wel vpon the matter he shal find I trowe that the Queene of Scotland may as wel cal her selfe the bones and fleshe of the Noble Princes of England as this people cal them selues the bones and sheshe of King Dauid But yet the great terrible battering Cannon Athalia is behind She being in possessession of the kingdome seuen yeares was iustly thrust out by cause she was an Alien We may then saith this man iustly denie the Queene of Scotland the right of that which if she had in possession she should not iustly enioy Yet Sir if the Queene of Scotland be no Alien as we haue said then is your Cannon shot more feareful then dangerous We deny not but that Athalia was lawfully deposed but we beseche you to tell vs your Authours name that doth assigne the cause to be suche as you alleage Surely for my part after diligent searche I finde no such Authour Trueth is it that Iosephus writeth as ye doe that she descended by the mothers side of the Tyrians and Sidonians yet neuerthelesse he assigneth no such cause as ye doe And as ye are in this your preatie poisoned pamflet the first I trow of al Christian men I wil not except either Latin or Greke vnlesse it be some fantastical fonde and new vpstart Doctour as M. Knoxe or some the like neither Iew Chaldee nor Arabian that hath thus straungely glosed and deformed this place of holie Scripture against the ordinarie succession of women Princes so are you the first also of all other Diuines or Lawiers throughout the world that hath set forth this new fonde foolishe lawe that the Kings childe must be counted an Alien whose father and mother are not of the same and one CouÌ„trie If the French or Spanish King chaunce to marâ—e an English woman or the King of England to marie a French a Spanish or any other Country woman their Children by this new Lycurgus are Aliens and so consequently in al other Nations al such are haue ben and shal be AlieÌ„s by this your new oracle For what other cause shew you that this Athalia was an Alien but by cause her mother was an Alien genus duceÌ„s say you à Tyrijs Sydoâ—iis coming by lineal descent by the mothers side from the Tyrians and Sydonians King Achas maried her mother doughter to Ithobal King of the said Tyrians and Sydonians This Athalia whom Iosephus cal leth Gotholio Achas daughter maried IoraÌ„ King of uda her brother called also Ioram being king of Israel after the decease of his father Achas So then ye see that this Athalia was nomore an Alien among the Iewes then â—â—ing Edbalde Baldus was the sonne of Bertha a FreÌ„ch womaÌ„ and of King Ethelbertus the first Christian King of th' English nation no more then was the noble King Edward the third borne of a French woma â—more then Queene Marie was no more â—en should haue bene the issue of the said Q. Marie in case she had had any by the king â—f Spaine I perceaue that your felowes that â—ould faine make King Stephen King HeÌ„â—e the second and Arthur Neuew to King â—ichard the first Aliens had but rude dul â—nd grosse heades in comparison of
ciuil gouermēt more or lesse be annexed and vnited to this inheritāce as it is not only in Empires and Kingdomes but in many Dukedōs Earldoms yea and Lordships also whether she shal be excluded from the said her inheritance If ye say yea then you say against Scripture If you say that the inheritance must remaine in her and the ciuil gouernment to others then say you against al reason against the vse manner and custom of the whole world it is but your own fond folish glosse Whervpō I do inferre that womanly gouernment is admitted not only by these exāples but euen by the very wordes rules and decrees of holy Scripture And so I trust you are or haue cause to be fully satisfied aswel touching your allegatiō that womāly Regimēt is against nature as also touchīg a brother to be chosen king And therfore I cōclude against you that neither the law of God nor of Nature nor yet reason vpon the which also you ground yourself doe reiect the said Queene Marie from the succession of the Croune of England You reason that where the people erect themself an Head of their owne kinde and Nation there nature assureth the people of natural gouernment and where a stranger carieth opinion of vnnatural tyranny it assureth the ruler of vnnatural subiection To a straunger is murmurre and rebellion threatned But now if this excellent Ladie and Princesse be no straunger and be of our owne kinred and of the auncient and late Roial bloud of this Realme as we haue declared then is your reason also withal auoided which may and doth oftētimes take place in more straungers cōming in by violent and forceable meanes But here as natural a man as you make your self ye seeme to goe altogether against reason and against nature also If Princes Children were to be counted strāgers and Aliens or to be suspected as enemies and Tyrantes succeding to their owne Progenitours inheritance it was an vnnatural parte and a great folie in the noble Kinges of this and of many other Realmes to geue out their daughters to foreine Princes in mariage And in steade of preferring and aduancing them by their mariage and procuring thereby frindship and amitie with other Princes to disable their said children from ther Auncestours inheritāces in those Coūtries from whence they originally proceded And as it seemeth by your kind of reasoning to purchase and procure byside to them thereby an opinion of enmitie and tyrannie This this I say is a frowarde and an vnnatural interpretation Nature moueth and driueth vs to think otherwise and that both a Prince wil fauour loue and cherishe the people from whence he fetcheth his roial blood and by whō he must now mainteine keepe and defende his roial estate and that the people likewise wil beare singuler loue and affection to such a one specially of such knowē Princely qualities as this noble Ladie is adorned withal Surely it is no more vnnatural to such a Prince descending from the anncient and late roial blood of the Kinges of England to beare rule in Englād and as it were to returne to the head and foūtaine from whence originally she sprāg then it is for al fluddes and riuers which as Homer saith flow out of the great Oceā sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to reuert returne and reflow againe to the said Ocean This coherence coniunction copulatiō inclinatiō and fauour running interchangeably betwixt such a Prīce and the people is no more strāge to nature then is the cōiunction of the tree and the rote thereof then of the fountaine and the Riuer issewing frō thence then of the sonne and of the sonne beames and finally then is the coniunction betwixt the old auncient liuing grandmother and her yong and tendre daughter Neither do I wel know how I may better cal noble England then a liuing grandmother to this good gētle Ladie whō we I doe not doubt if euer God cal her to the Roial state therof shal not only find a louing and gratious Maistresse but a most deare and tendre good doughter For these and other cōsideratiōs the lawes of the Realm do not nor euer did estrāge such Princes from the successiō of the Croun of this realm which by reason of the said mutual inclination and beneuolēce of th' one to the other standeth with the law of God and nature and with al good reason And therfore your cōclusion is against Gods law Nature and al good reason Wherby you ful vngodly vnnaturally and vnreasonably do cōclude an exclusion of the Q. of Scotlād pretending her to be a strāger to that right that God Nature and reason and the true harts of al good natural English men do cal her vnto The which her said iust right title and interest we trust we haue now fully proued and iustified and sufficiētly repulsed the sundry obiectiōs of the aduersaries And as this being the principal ought to breede no doubt or scruple in any mā so many other folish fond and fantastical obiections not worthy of any answere that busie quarelīg heads do cast forth to disable her right or to disgrace her and bleamish either her honour or this happie vniō of both Realmes if God shal so dispose of it ought much lesse to moue any mā An happy vniō I cal it bicause it shal not only take away the long mortal enmitie the deadly hatred the most cruel and sharp warres that haue so many hundred yeares ben continewed betwixt our neighbours the Scotsmen and vs but shal so intierly consociate conioine and so honorably set foorth and aduaūce vs both and the whole Iland of Britanie as neither tonge cā expresse the greatnes of our felicitie and happines nor hart wish any greater The old enmitie hath trodden downe and kept vs both vnder foot and hath giuen occasion to the common enemie as the Danes and other to spoile vs both It hath caused for these thousand yeares and more so infinite and so ougly slaughters as it wil greeue and pitie any mans hart to remembre and yet neither to the great augmentatiō of our possessions at this day nor to their much losse they hauing lost nothing of their olde aunciene inheritance sauing Barwike only If this cōiunctiō once happē and if we be once vnited and knit together in one kingdome and dominion in one entier brotherly loue and amitie as we are already knit by neighbourhoode by tongue and almost by all manners fashions and behauiours then will al vnnatural and butcherly slaughter so lōg hitherto practised ceasse then wil rest quiet wealth and prosperitie increase at home then wil al outward Princes our frindes reioice and be comforted our enemies dread vs Then wil the honour fame and Maiestie of the Ilande of Albion daily growe more and more and her power and strength so greatly encrease as to the frinde wil be a good shield and to the enemie an horrible terrour Then shal the vtwarde enemie litle indāmage vs
the death of the Lorde Darley before the Counsaile of EnglaÌ„d The causes vvhy the Earle Murray vvent about asvvel to make avvay the L. Darley as to depose the Queene The Earle Murray de clared the day before that the L Darley should be slaine Diuers assembles of the Earle Murray aÌ„d his adherents to consult vpon the slaughter of the L. Darley Indentures made and subscribed for the execution of the said purpose Diuers excuted in Scotland for the said murther vvhereof none could charge the Queene The Q. in a maÌ„ner miraculously deliuered out of Lochleuen prison The Commissioners appointed in EnglaÌ„d to heare the Quene of ScotlaÌ„d her maters vvel liked of her faid innocency and of her title to the succession of the Cioune An exhortation to the Earles Murray aÌ„d Murton aÌ„d others to reconcile theÌ„selues to the Q. The Q. of ScotlaÌ„d ful of mercy The ende of Rebels euer vnhappy Other Princes vvil not suffer the Quene of Scotland to be iniuried by her subiectes Man only hath the pierogatiue of vvit and reason among al earthlye creatures Men are most bouÌ„d to the preseruation of their CouÌ„trey A great coÌ„moditie to the coÌ„moÌ„ vvealth to knovv the heire appa rente Why all the vvorld almost doth enbrace succession of Princes rather then election Flores histor anno 1057. Richardus Canonicus sanctae Trinit Lond. Flor. histo anno 1190. Polid li. 14 Polid li. 20 The Quene of Scottes is right heire apparent to the Croune of Englande Inst de iust iure §. fin The common lavve of this Realme is rather grounded vpon a general custom then any lavve vvritten In Prologo suo eiusdem li. fo 1. et 2. De dict Ra nulpho GlaÌ„uilla uide Giraldum Cambren in topogra de Wallia Fortescue de lau Leg. Angl. c. 17. â— E. 4.19.33 H. 6.51 Pinsons printe Inst de iure natura geÌ„t ciuil §. ex non script 25. E. 3. The adueâ— sacies case pettineth to subiects only No Maxime of the lavve bindeth the Croune vnles the Croune specially be named Of the Tenante by the curtesy Nor that the landes shal be diuided among the daughters Not the vvife shall haue the third part 5. E. 3. Tit. praerog 21. E. 3.9 28. H. 6. Nor the rule oâ— Possessio fratris c. Nor that the executour shall haue the goods and Chattles of the resâ—atour 7. H. 4. sol 42. Nor that a traitour i vnable to take landes by discente and vvithout pardoÌ„ An ansvvere to the Aduersary making a difference be tvvene Attainder aÌ„d the birth out of the allegeaÌ„ce 22. H. 6. fol. 43. The suppo sed Maxime of the Aduersaries touching not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. The Aduersaries obiection touching King H. 2. auoided As touching Arthur King Richardes nephevve Vt autem pax ista summa dilectio taÌ„ multiplici quaÌ„ arctiori uin culo connectatur praedictis curiae uestrae Magnatibus id ex parte uâ— stra tractaÌ„tibus Domino disponente coÌ„diximus inter Arthurum egregiuÌ„ Dâ— cem BritaÌ„niae nepoteÌ„ nostrum haeredem si forte sine prole obirâ— nos contigâ— rit filiaÌ„ uestraÌ„ matrimonium contrahendum c. In tractatu paciâ— inter Richa 1. TancreduÌ„ Regem Si ciliae Vide Reg. Houeden RicharduÌ„ Canonicum S. Trinitatis Londin A false Maxime set forth by the Aduersarie 7. E. 4. fo 28.9 E. 4. fo 5.11 H. 4 fo 25.14 H. 4. fo 10. the statute of Edvv. 3. An. 25. to â— cheth inâ—e ritaÌ„ce not purchase â— H. 4. fo 25. Scotland is vvithin the allegeance of EnglaÌ„d The Lorde loseth not his seignorie though the tenaÌ„te doth not his seruice The causes vvhy the Croune caÌ„ not be coÌ„prised vvithin the pretended Maxime Without the croune there can neither be King nor allegeance 40. E. 3. fol. 10. 13. E. 3. Tit. Bref 264.16 E. 3. iurans desait 166.17 E. 3. tit scire fac 7. A Deane a Person a Priour being an Alien may demande lande in the right of his corporation An 3. R. 2.6 C. 3. fo 21. tit droit 26. lib. Ass p. 54.12 li. Ass tit enfant 13. H â— fol. 14.7 E. 4. fol. 10.16 E. 3. iurans defait 9. H. 6. fol. 33.35 H. 6. so 35.5 E. 4 fol. 70.49 li. Ass A. 8â— 22. H. 6. fo 31.13 H. â— so 14. The King is alvvaies at ful age in respecte of his Croune The Kings children are expresly excepted from the surmised Maxime â— LiberoruÌ„ ff de uerbo ruÌ„ signific L. Sed si de in ius uo caÌ„do instit de haere ab intest L. Lucius ff de baered instit L. Iusta L. Nâ—toruÌ„ L. Liberorum de uerb signif L. 2. § sâ— mater ad S. C. Tertul L. Filius de S. C. Maced L. Senatus de ritu nugâ— L quod sâ— nepotes ff test cuÌ„ notatis ibid. Infantes in Frenche couÌ„teruaileth this vvorde liberi in lat The grand fathers cal their nephues sonnes L. Gallâ—◠§ InstitueÌ„s ff de liber Eâ— post l. ff C. de impub. Alâ—is substan c 1. q. 4 Father and son coÌ„pted in person aÌ„d flesh in maner one Great absurditie in excluding the true aÌ„d right successour for the place of his birth only An euasion auoided preteÌ„ding the priuilege of the KiÌ„gs children not to be in respect of the Croune but of other laÌ„des The royall blood beareth his honour vvith it vvhereso euer it be Vide Anto. Corsetum de potest et excell regi q. 106. CoÌ„querors glad to ioinevvith the ioyall blood Henry the first L. â— ff de legious Commonvse and pâ—â—ctise the best interpretation of the lavv Eodâ— anno Rex cuÌ„ in diebus suis processisset AeldredaÌ„ Vigornen sem Episco pum ad Regem Hunga riae trans mittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota fa milia sua ut uel ipse uel filij eius sibi succedereÌ„t in regnum Flor. histor 1057. Flor histo â—066 Aelredus Regioual lens de reg Anglorum ad Regem Henr. 2. King Stephen and King H. â— The aduer saries fond imagination that King H. 2. should come to the croune by composition not by proximitie of blood Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum recognouit in conuentu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux HeÌ„r ius hae reditariuÌ„ in regnuÌ„ Angliae habebat Et Dux benigne concessit ut Rex Stepha nus tota uita sua suuÌ„ regnuÌ„ pacifice possideret Ita tamen confirmatum est pactuÌ„ quod ipse Rex ipsttuÌ„e praesentes cum caeteris regni optimatibus iurareÌ„t quod Dux Henr. post morteÌ„ Regu si illum superuiueret regnum sine aliqua contradictione obtincret Flor. histo An 1153. The like fond imagination touching King Richardes nephevv Diuersitie of opinioÌ„s touching the vncle aÌ„d nephue vvhether of them ought to be preferred in the royall gouernement
The possions of the Croune of Englad that vvere beyondthe seas sealed into the Frenche kings haÌ„ds for the murther of Arthur Polid. 15. flor histor An. 120â— Levvis the French Kings son claimed the Croune of this Realme in the Title of his vvise Pro hereditate uxoris meae scilicet neptis Regis loaÌ„ usque ad mortem â—â— necessitas exigeret decertabo Flor histo Anno 1216. Haroldus muneribuâ— genere fretê° regni diadema innasit H. Hunte hist Angli lib. 5 Cut regnuÌ„ iure hereditario debebatur Palredus Rhie ual in histo R. Angliae ad H. 2. Cui de iure debebatur regnum An glorum Io. Lond. in Chron. Angliae Eadem uerba sunt in Math West mon. in flor hist a. 1066 What calamities sell to this Realm by the vsurping of King Harolde King Stephen and Iohn Rex Eduar dus misit c. ut uel ipse Eduar uel filius e ius sibi succederent c. Rich. Cicest uid Wil. Malmest de reg Angl. E. 2. c. 45. lib. 3. c. 5. Polid. 26. king H. 7 vvith his Counsaile is a good interpretor of our present cause The mariages of King E. 3. sonnes A fond imagination of the Aduersarie of the statute of 25. E. 3. There vvas no doubt made of the Kinges children borne beyonde the seas This statute toucheth not the Q. of ScotlaÌ„d as one not borne beyond the seas Vide statuta Walliae in magna Charta Walesvvas vnder the allegeance of EnglaÌ„d before it vvas vnited to the Croune The statutes of King H. 8. touching the succession of the Croune An ansvves to the fore said statute The effect of the Aduersaries arguments for the exclusion of the Quene of Scotland by a pretensed vvil of King H. 8 An. H. 8.35 An. H. 8.33 21. An ansvvet by the vvay of reioindeâ— to the same Diuers presumptions and reasons agaiÌ„st this supposed vvil The supposed vvil is preiudicial to the Croune of Englande for the claime of the croune of France This supposed vvil geueth occasion of ambitious aspiring Succession to the Croune more vncerteÌ„ bi the supposed vvil then before Much forgene and counterfeyting of Testamets Valerius Maximus dict et fact lib. 9. c. 4. In this supposed vvil is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters No order taken for the probate of the supposed vvil The enrollement in the chance rie is not a probate A great presumption against the supposed vvil for that the late pretensed Q. Iane did not vse the benefit of the same against the Q. of Scotland and others See the proclamation made the x. of Iulie the first yeare of her pretensed reigne Polid. lib. 8. The forgetie of this 〈…〉 〈◊〉 discloseâ— before the Parlament by the L. Paget A vvorthy deede for à Prince to cancell false Recordes Cicero 3. offic Sueton. de uiris illustrib Bed. lib. 3. histor Ecclesiast c. 1. L. tefliuÌ„ ff de testibus L. Ob carnem ibid. No iust â—aâ—se to repel â—he testimonie of the L. Paget and others L. Famâ—â— ff ad 〈…〉 maies l. muliere ff de accusat Hovv a negatiue may be proued Gloss Doct. c. bo na de elect Hovv and vvhen the later testimonie is to be accepted before the former Why the stampe caÌ„not counteruaile the Kings hand in this case Ioan Andr. in adit spe cul tit de requisit consul ad finem L. Sifundus ff de rebus corumâ—c de rebus Ecelesiae in 6. An ansvvere to the aduersaries touchinge Actes of Parlament alleaged to proue that the Kinges ovvne haÌ„d vvas not necessarie to the supposed vvil 18. E. 3. fol. 30. 3. H. 4. fol. 3. 11. 11. H. 4. fol. 67.9 H. 6. fo 6. 19. H. 6. fo 7. et 10 35. H. 6. fol. 12. 10. H. 6. fol. 26. 3. H. 6. fol. 8. 33. E. 3. fo 13. Vide Prisot 33. H. 6. fol. 39. 9. H. 6. fol. 35.35 H. 6. fol. 34.40 E. 3. fol. 2. 40. E. 3. fol. 35.21 E. 4. fol. 97.7 H. 7. fol. 15. 9. E. 4. fo 2. 22. E. 4. fo 47. 29. H. 6. fol. 6.29 lib. Assis P. 64. 27. H. 8. c. 10. 32. H. 3. c. 1. The supposed vvil caÌ„ not preiudice the Q of Scot laÌ„d though it had ben signed vvith the Kinges ovvne haÌ„d Ther must needes be some qualification and restrait of the general vvordes of the statute Matthae us Paristensis in Iohan. L. 1. ff quâ— Testamenta facere The definition of a TestameÌ„t L. fl pater ff Quae in frau credit L. fill famil ff de Donat. L. 1. c quae res pign l. obligatione ff de pigno c in genera de Regum iuris in 6. L. quidaÌ„ ff de uerb sâ—g L. ut grada §. 1. de numer honor L. permitteÌ„do cuÌ„ notatis ff de iure dotiuÌ„ In geuing general au thoritie that seemeth not to be comprised that the partie vvould not haue graunted being specially demaunded General voordes must be referred to hable persons L. 2. c. de Nopal L. fin § in computatione De iure deliber ibi notat Alciat in l. 1. de uerb significat 11. H. 4. fol. 72. 9. H. 6. fol. 24.11 H. 6. fol. 15. Non est par ratiâ— lucra non capere damna sentire L. sin C. de co dicil L. Proculus ff de damno infect Insti de legat Si res L. qui â—eeâ— sare C. dâ— edendo §. commodum lust de indict L. st quiâ— iâ— aliquo documento C. de edendâ— An infamous libel made lately against the Queene of Scot. The Authour of the same seemeth litle to regarde touching the succession of the Croune any lavve but holy Scripture only He groundeh him self chefly vpon the 17. of Deuteron â— Samuel â— 2. Reg. 11. An ansvvere tou chinge the 17. of Deuteron Great difference be tvvixt successioÌ„ and clection August de merit remis pecc cont Pela li 3. c 8. 9. to 7 in quaest ex nouo Test ca. 8. to 4. Queene of Scotland no straunger 3. Politico 1. Reg. 8. 2. Reg. 12. An ansvvere to the 2. Samuel 5. Ioseph Iudaic An tiq lib. 9. cap. 6. A nevve fond and madde in terpretation vvho is an AlieÌ„ made by the Aduer sarie Ioseph ibi cap. 6. Athalia vvas no AheamoÌ„g the levves Who is an Alien by Vlpian Who is an Alien by Vlpian L. 1. ff ad municip Matth. 12 Iosue 6. Dauid and Christ descend of Obed Ruthes sonne 4. Reg. 11. An ansvvere to the Aduer farre touching the lavve of Nature vvhich he vvresteth against vvomens gouernement L. 1. ff de iust iure l. ueluti l. ex hoc l. omnes cod Est enim noÌ„ scripta sed nata lex c. Cicero pro Milone The practise of Womens Regiment in Asia Aphrica and Europa Straebo geâ— graph lib. 14. First in Asia Queene Artemesia Queene Ada. Solinus in collect lib. 67. Plinius lib. 6. cap. 20.