2. 21 E. 4. fol. 97. 7 H. 7. fo 15. Yf therefore any deede dothe wante that speciall clause and mention althowghe the partie in deede hathe putt his seale vnto the same yet ys that deede or specialtie voyde iÌ„ lawe So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same and farther dothe appointe to carrie or driue the same distresse vnto the povvnde 9. E. 4 fo 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and seruices Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie 29 H. 6. fol. 6. or yf he shall labour occupie the chattelles distrained 29. li. Assiar The distresse so taken by him ys iniuriouse and vvrongfull in lavve p. 64 For as muche as he hathe not done accordinge to the prescribed order of the lavve The statute made Anno 32. H. 8. geuethe aucthoritie vnto tenaÌ„te in tayle and to others beinge seased of lande in the right of theire vviues or churches to make leases of the same Wherein also a prescripte order and forme for the same ys sett forthe Yf any of the saide persons shall make any lease wherein he dothe not obserue the same prescribed order in all pointes the same lease ys not vvarented in any point by the saide statute Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of laÌ„de appointethe a forme and order for the same 27. H. 8. cap. 10. that ys they muste be by vvritinge indeÌ„ted sealed aÌ„d enrolled vvithin sixe monethes next after the dates of the same vvritinges Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted the same ys vitious aÌ„d voide in the lavve So likevvise the statute made in An. 32. H. 8. geaueth aucthoritie to dispose laÌ„des and tenemeÌ„tes by laste vvill and restamente in vvritinge 32. H. 8. cap. 1. Yf a man do demisse his laÌ„de by his laste vvill restameÌ„te nuncupatiue vvithovvte vvrittinge this demise is insufficieÌ„te in lavve aÌ„d ys not warranted by the saide statute We leue of a nomber of like cases that we might multiple in the proufe of this matter Wherein vve haue tarried the longer by cause the adâ—saries make so greate a countenaÌ„ce therevpon And by cause all vnder one yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parliamentes by his lettres patentes signed vvith his hande Which ys nothinge else but a declaration and affirmaÌ„ce of the coÌ„mon lawe And no newe aucthoritie geven to him to do that he coulde not do before or any forme praescribed to binde him vnto Besides that in this case there ys no feare in the worlde of forginge and counterfeytinge the kinges hande Where as in the testamentarie cause yt ys faâ—re other wise as the worlde knovvethe and dailie experience teacheth And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande yt can not any vvaye hurte or hinder the iuste right aÌ„d clayme of the Quene of Scotlande to the succession of the crovvne of Englande Nowe supposinge that neither the Lorde Pagett nor Syre Edvvarde Mountegevve aÌ„d willim Clarke had testified or published any thinge to the infringinge and overthrowinge of the aduersaries assertioÌ„ towchinge the signinge of the saide will Yet ys not therebye the Quene of Scotlandes title altogether hindered For she yet hathe her iuste aÌ„d lawfull defeÌ„ce for the oppugninge of the saide Assertion aswell againste the persons and saienge of the witnesses yf any shall come forthe as otherwise she maye iustlie require the saide will to be browght furthe to light and especiallie the signinge of the same vvith the kinges hande to be dewly and consideratelie pondered weied and conferred She hathe her iuste defence and exceptions and muste have And yt were against all lawes and the lavve of nature yt self to spoile her of the same And all good reason geavethe that the saide originall will standinge vpon the triall of the kâ—nges hande be exhibited that yt maye be compared vvith his other certaine and well knowen hande writinge and that other thinges maye be done requisite in this behalf But yet all this notwithstandinge lett vs nowe imagine and suppose that the kinge him self whose harâ—e and hande Were dovvbtelesse farre from any suche doinges Lett vs yet I saie admitte that he had signed the saide Will vvith his ovvne hande Yet for all that the aduersaries parchance shall not finde no not in this case that the Quenes iuste title right and intereste dothe any thinge fayle or quayle The supposed will caÌ„ not preiudice the Q. of Scottes thovvghe yt had bene signed vvith the Kinges ovvne hande Or rather lest vs vvithovvte any perchance saye the iustice and aequitie of her cause and the invincible force of trevvthe to be suche that neither the stampe nor the kynges ovvne hande can beare and beate yt dovvne Which thinge we speake not vvith ovvte good probable and vveightie reasons Neither do vve at this time minde to debate and discovvrse vvhat povver and aucthoritie and howe farre the parlamente hathe yt in this and like cases Which parchance some other vvolde here do We vvill onlie intermedle vvith other thinges that reache not so farre nor so highe and seame in this our presente question vvorthie and necessarie to be considered And firste before we entre into other matters vve aske this reasonable and necessarie question Whether theis generall vvordes vvhereby this large and ample aucthoritie ys conueyed to kinge Henrie muste be as generallie and as amplie taken or be restrained by some manner of limitation aÌ„d restriction agreable to suche mynde and purpose of the parliamente as muste of verie necessitie or greate lykelyhodde be construed to be the verye mynde and purpose of the sayde parliamente Ye will saye perchance that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte exception sauinge for the owtewarde signinge of the will Trewthe yt ys there ys nothynge elles expressed But yet was there some thinge elles principallie intended and yet for all that there must nedes be some qualification aÌ„d restraiÌ„t of the generall words of the statute neaded not to be specified The owtewarde manner was so speciallie and preciselie appointed and specified to auoide suspitious dealinge to auoide corruption and forgerie And yet vvas the vvill good and effectuall vvithowte the kinges hande Yea and the assignation to had bene good had not that restrainte of the kinges hande bene added by the parliamente But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the vvordes were they neuer so large and ample there ys thowghe nothinge were spoken therof an ordinarie helpe and remedie otherwise
crowne cutt avvaye that eueÌ„ the verie thinge the parliament moste feared ys moste infortunatlie and moste lamentablye like soneste to chance He that remembrethe the tragicall procedinges of the last by name aÌ„d not by right kinge Richarde neadeth not gretelye to dowbte but that as he coulde finde in his harte to bastarde his eldeste brother aÌ„d lavvfull kinge and to diffame his ovvne naturall mother as an harlott eaueÌ„ so nowe there vvill some be fovvnde that vvill easelie be induced for the auancinge and settinge forthe of theire supposed right and title to the crovvne to seake meanes to vvringe them ovvte that shall vvrongfullye sitt in the royall throne And to seake to extorte the crovvne from theire possession Which vnhappie daye yf yt should ons chaÌ„ce as God forre bid then maye vve crye owte and singe a vvofull and dolefull songe Then maye vve not vvith ovvte cause loke for the botomlesse Ocean sea of infinite trobles miseries and myscheiffes to oâ— whelme the realme The vvhiche my mynde and harte abhorrethe to thincke vpon and my penne in my hande tremblethe to vvrite therof ⧠The ende of the seconde boke THE THYRDE BOOKE WHERE IN YS DECLARED that the regimente of whomen ys conformable to the lawe of God and nature ALBE yt good Reader you haue nowe hearde a conueniente and a sufficiente prouf so farre as the lawes of this realme maye serue for the right title claime of the Quene of Scotlande and so we might right well seame to haue fullie discharged our promisse and office Yet as the matter nowe fallethe owte especiallie yf we shall geue any creditt to an infamouse libell An infamouse lybell made lately against the Quene of Scottes or rather a fier brande of sedition late caste abrode all our coste ys for lorne all our trauaile imployed in vaine we muste begine a freshe for all this not withstandinge her right ys dowbtefull sayeth this man and suche as againste whiche ys iuste exception taken by the lawe of God and man Yt vvill neuer be proued by the lawe no not by her best frendes so will the crowne neuer be geauen het by iuste and common counsayle I meane not the consente of vnquiet spirites and brawlinge braines but of a greate nomber of them vvhiche are to be accompted amonge the beste for the loue of religion and of the common vvelthe Suerlye theis are iolye vvordes this ys confidentlie spoken But yet lett vs heare with all vvhat proufes this sober braynde man and so feruente a zelatour of religion and of the coÌ„mon welthe bringethe forthe for the auouchinge of his sturdye allegation What lawe what acte of parliamente what custome or vsage what auncieÌ„te recorde of historie of this realme dothe this man laye forthe for him self Suerlye none at all And as he layethe forthe not so muche as one Iote this waye so no doubte he shall neuer be able to laye forthe any thinge of like vveight as that that alredye ys aleaged No no good Reader this man goethe not by acte of parliamente nor by anye lawe of this realme nor what soeuer he speakethe of mans lawe for a braue countenance by ciuill or by any other humane lawe Thys extraordinarie wilye fellowe runethe an other race all theys lawes are but beggerlie baggage to him and argumentes of brawlinge braines This sober brayned man vvill not abase him self withe intermedlinge vvith so lavve matters but aspirethe and amowntethe a lofte and fetchethe a marvelouse hyghe fetche and reache aÌ„d beinge as yt were ghostlie rauisshed conteÌ„ninge as it seameth all humane lawes aÌ„d polices he makethe as yt were a plaine demurre vvith vs in lavve that We haue pleaded our matters all this while in a vvroÌ„ge courte For â—o this matter by this sober mannes iudgemente seameth not triable either in the Arches or coÌ„sistorye of Pawles by the Ciuill or CaÌ„noÌ„ lawe or in westimister hall by anye lavve or acte of ê‘liamente This plee must be onlie mainteined vvithe the recordes of holie scripture The authour of the same seamethe litle to regarde touchinge the successioÌ„ of the crowne anye lawe but holie scripture but of his owne sober braines interpretation onlie aÌ„d holden before him self and his newe erected tribunall furnisshed and adorned vvithe suche quiet and sober sprites as him self ys The infallable veritie the highe Maieste of the sacred scriptures I do most hartelye coÌ„fesse and most humblye reverence But yet yf ye will intrude your self to be the supreame arbitror and vmpier therof aÌ„d therebye wretâ—hedlie will abuse your self and others withe the promulginge from your nevve tribunall seate suche and so strange paradoxes and senteÌ„ces to the vtter overthrowinge of all humane policies and lavves yea to the presente and immineÌ„t danger of our ovvne maistresse and Quene as ye do we muste be so bolde to see vvhat vvarraÌ„te and coÌ„mission you haue and to examine well to vewe the same we muste buckle withe you aÌ„d trye whether the authoritie of holie scripture which ys your onelye refuge will vpholde and beare ovvte your strange and stowte coÌ„clusion The place then wher vpoÌ„ he growndeth him self ys this He grovndethe him self chefely vpon the 17. of Deut. Thowe shalt make him kiÌ„ge over the whoÌ„â—he lorde thy God shall chose froÌ„ amoÌ„ge thye bretherne him shallt thovve make a kinge amoÌ„ge theÌ„ From this aucthoritie he fetchethe owte all his highe mysticall suê‘naturall coÌ„clusioÌ„s and firste he excludeth the Quene of Scotland by cause she ys an Alien and not ex fratribus And therefore not chosen of God Wherevnto he addethe that the Kinge muste be suche as the people maye saye to him as the Israëlites saide to kinge Dauid 2. Sam. 5. Ecce os tuum caro tua nos sumus We are of one nation and bloude There vnto he adioynethe that yt ys assigned as one iuste cavvse Whye Athalia was turned owte of her kingdome by cause she vvas Alienigina 2 Reg. 11. an alien Maternum genus ducens a Tyrijs Sidonijs Theys nowe are all the proufes deduced by this maÌ„ owte of holye scripture for other hathe he none vvhye the Quene of Scottes beynge a stranger owght to be disherited aÌ„d reiected from all suche claime as she pÌ„teÌ„dethe to the crowne of Englande An answere tovchinge the 17. of Deut. Nowe for answere and firste to the 17. of Deuteronomie wherein as I will not quarell with you for the shrewde meaninge that perchance some man maye probablye gather owte of this treatise and small likinge that ye haue to the gouernemente proceadinge from succession onlye so I plainelye affirme firste that we are not bownde to the ceremoniall or iudiciall or other preceptes of the Iewishe lawe except the Decaloge farther then the churche or ciuill policie haue renewed and reuiued againe I saye then farther that thys aucthoritie of the Deuteronomye can not fittlye serue your purpose for that yt takethe place when the people chosethe a kinge and
saide as what vve further shall saie in supplemente of full answere and then to iudge and deme of the matter none otherwise then reason equitie lawe do craue They shall at lengthe finde owte and throwghlie perceaue and knowe theis mens dealings and doings Who as yet cover theire fovvle filthie lienge detestable practizes and traiterouse enormities withe suche a visarde of counterfeite false fained holines and suche excedinge greate shewe of zeale to the Quenes honour in punishinge off malefactours and to the preseruatioÌ„ of the state of the realme as thowghe all the worlde vvolde fall and goe to rewen yf yt were not vpholden vnderpropped by the streÌ„gthe of theire showlders Theie shall see hovve they will appere in theire owne naturall likenes so ovvgelie that all good harts vvill vtterlie detest them and thincke them most vvorthie for example sake to all the Worlde hereafter of extreme punishemeÌ„te We affirme then first that as they have produced nothinge in the vvorlde tovvchinge the principall points As of the lorde Darleies deathe the acquitall of the Erle Bothvvell and the Quenes mariage vvith him iustlie to charge her vvithall So are theie them selues asvvell for the saide acquitall and mariage as for theire damnable and rebellyouse attempts against theire Sovereigne and for manie other enormous crimes so farre and so deapelie charged â–ª so fovvlie stained and so shamefullie marked and noted that never shall they Withe all theire hypocriticall fine fetches be able to rubbe ovvte the dirtye blotts therof from theire skirts Whiche thinge vvilbe easelie perceaved of them that vvyll vouchesauf and aduisedlie coÌ„sider the fonde friuolouse and contradictorie excuses they make in theire ovvne defence At the begininge theire open surmised quarrell vvherby they vvente abovvte to dravve the peoples harts to them selves and to strengthen theire ovvne faction stode in three poynts as appearethe by theire excuses and by theire pretensed proclamations The first vvas to deliver the Quene from the Erle Bothevvell vvho violentlie deteined her The causes that the Rebells pÌ„tended at the begininge and to preuent daungers immineÌ„t to her parson The seconde to reuenge the kings deathe vpon the saide Both vvell vvhom they knevve as they pretended to haue bene the principall doer in the execution of the saide murther The thirde Was to preserue the yonge Prince the Quenes soÌ„ne This ys theire iolie and holie preteÌ„ce Novv lett vs see hovve conformable theire vvorthie procedings are to theis theire colorable cloked holie collusions The fyrst gentle and humble admonition that theis good louinge subiects gaue her An ansvvere to the first to reforme the surmised enormities vvas in battell arraye at Bortvvike castle vvhiche they thovvght vpoÌ„ the sodaine to haue possessed vvith the Quenes person vvher vpon they beinge disapointed therof gatt into the tovvne and fortresse of Edenborowghe by the treasoÌ„ of Balfoure the capitaine therof and of Cragmiler the prouoste of the citie Wherbi they beinge the more animated to followe and prosequute theire vvicked enterprise begane nowe to be stronge in the filde The Quene hauing also a good stroÌ„ge armie and thinckinge her self vvell able therby to encounter vvithe the ennemie and to represse theire furiouse outrage yet not vvithestandinge for the greate loue aÌ„d pittie she toke of them thovvghe rebelliouse subiects Wilinge as muche as in her laye to kepe and preserue theire bloudd from shedinge offered them fayre of her owne free motion that yf they wolde peaceablie come to them and take dewe and conuenient order for the redresse of all suche things as might appere by lavve and reason mete to be reformed Wher vpon the lorde Grange was sente by the lords to her The lorde Grange ê“mised vpoÌ„ his knees obedience in all the rebells names Who in all theire names moste huÌ„blie vpoÌ„ his knees assured her of all dewe obedience of securitie and sauftie of bothe her life and honour And so the good ladie her conscience beringe her vvitnes of all her iuste and vpright dealings and therefore nothinge mistrustinge dismissinge her armie yelded her self to the lords Who conueyed her to Edenborowghe aÌ„d there sett her at suche a meruelouse libertie and in suche securité and safetie that all good men to the Worlds ende Will vvonder at theire excediÌ„ge good loyaltie Fyrste kepinge her owne pallace they sett and placed her in a marchants howse and vsed her otherwise verie homelie She nowe consideringe and perceauinge to vvhat ende theis matters tended most pittifullie cried ovvte and called vpon them to remember theire late promisse or at the leaste that she might be browght before the counsaile offeringe to stande to the order and direction of the states of the realme but God knovvethe all in vaine Foâ— novve had they the praye vvheron they intended to vvhett theire bloudie teathe or they did dismisse or forgoe her as the euente dothe declare Wherefore in the night priuelie she vvas conuaied and vvithe haste in disgvvised apparrell The Quene inprisoned at lochleuen to the stronge forte of Lechleuen and after a fevve dayes beinge stripped ovvte and spoiled of all her princelie attyremeÌ„te vvas clothed vvith a course brovvne cassocke After this theis good loyall subiects practisinge aÌ„d encreasinge more and more dailie the performance of theire saide promised obedience neuer ceased vntill they had vsurped the full auctoritie and regiment of the vvhole In to the vvhiche thovvghe they had entruded them selues yet seinge as blinde as they vvere by disordinate vnseamlie and vnmeasurable ambition that the Quene remained and vvas still Quene and that there vvas no iuste cause by the ordinarie course of the lavve or for anie her demerites deserts to briÌ„ge her forthe to her triall that she might be conuicted aÌ„d deposed vvent like good honest plaine men and vvell meaninge subiects bluntlie to vvorke and consulted and determined to dispatche and ridd her ovvte of her lif vnlesse she vvolde yelde to them aÌ„d subscribe suche vvritings as they vvolde sende to her concerninge the demission of her crovvne to her sonne and the regimente of the reaulme to the Erle Murraie Wher vpon the Erle of Athole Secretorie Ledington withe other principall of theire factious bande sent Robert Miluen to Lechleuen to vvill her in anie case yf she sovvght the sauuegarde of her life to condiscende to such demandes and to sett her hande to suche vvritings as shoulde be proposed and brovvght vnto her Whiche as they saide to do The Quene threatned to be ridd avvaye yf she wolde not renoÌ„ce her crovvne neuer coulde be preiudiciall to her beinge by force and violence extorted Syr Nicholas Throkmarton also beinge then ambassadour there for the Quene of England gaue her the like aduice Novve at the laste comethe the lorde Lindzaye sente in comisssioÌ„ from theire counsaile to presente and offer vnto her the writings who most greauouselie withe full fearefull words verie cruell sterne countenaÌ„ce threatened her that vnlesse she Wolde therto subscribe she shoulde lose
to the thirde for theis same men knevve right Well that the Quene had putt her soÌ„ne saulf and suer inovvghe in the gvvarde aÌ„d custodie of the Erle of Marre But see I praye you the impudencie of theis men And consider hovve muche yt ys to be mused and merueled at Who are not asshamed to publishe by open edicts and proclamatioÌ„s that the Prince shoulde be in more securitie and saufegarde vnder the protectioÌ„ kepinge of the Regente and vsurpinge rebells then vnder the hands and bringinge vppe of his ovvne most naturall deare mother withe diuers other the like vnnaturall ridiculouse and absurde propositions God blesse hym and graunte hym no worse to speade then hys most tender and louinge mother dailye wisshethe aÌ„d coÌ„tinuallie praiethe for Who good svvete babe The Prince yf he vvere at age wolde not like thennimes doings against his mother yf he had age and discretion to vnderstande theire doings vvolde geue the Erle Murraye and his fellovves but coulde thancks for the intrudinge of hym against his good mother vnto the crowne and gouernemeÌ„t of the realme but vvolde and myght vvell saie that this vvas but a colour vnder hys shadowe to strengthen him the saide Erle against hys good mother and perchannce against hys owne selfe to Hys owne vnnaturall coronation also thovvghe theis men muche bragge yt solemnelie and orderlie to have proceded he Wolde as muche mislike Neyther vvolde be bye yt so deare nor come forthe to be a kinge so vnnaturallie as the vipers enter into the worlde by eatinge and gnavvinge ovvte the mothers vvombe He vvolde demande and aske vvhat strange nevve fovvnde solemnitie and fonde manner of coronation this Was. For the matter beinge of so greate and vveightie importance of one hundred Erles busshopps and lordes and more that haue voice in parliamente vvherof all or the more parte of them shoulde have an agremeÌ„te likinge and consente as to all other so to theis publike doinges also there vvere no more presente but fovvre Erles onelie He vvas vnlawfullie crovvned Wherof the most honorable had not the seventhe or eyght voyce in the parliamente amonge the Erles nor yet the first of tvventie voyces amonge all the states We had farther but sixe lords Who also vvere suche as had laied theire violente hands vpon theire Quene afore and putt her in prison And least all shoulde be voyde yf they shoulde seame to lacke theire full congregation of the spiritualitie and temporalitie in leapeth one busshoppe and tvvo or three abbotts and Priours But yet vvere there not solemne protestations I praye you then openlie made and authenticall instruments therof made also that what soeuer vvas that daye done either for the coronation and inuestinge of the kinge or for the establisshinge of a regente or otherwise against the Quenes royall estate and person yt shoulde not be to her in anie pointe hurtefull or preiudiciall as beinge then violentlie deteined and imprisoned Well you vvill alleage paraduenture that all theis procedings vvere ratefied and confirmed by acte of parliamente Vvhie the confirmation of the rebelles doings made by an acte of parliameÌ„t ys nothiÌ„ge vvorthe Yet all this not vvithstandinge thys noble impe yf he vvere at ripe yeares vvolde no dowbte acknovvledge and allovve no suche disordered parliamente But vvolde enquire of you vvhat authoritie you had to call and somon the saide parliamente He vvolde saye that the ratefienge of the saide dimission of the crovvne by his mother ys not allovvable or to be approued Firste by cause she vvas then in prison and not at her owne libertie nexte by cause yt vvas done by violence and forced withe feare of life and so vvhatsoeuer vvas builded vppon this fovvndation beinge of suche vveakenes and so vnstable coulde neuer be firmelie and suerlie established aÌ„d corroborated He vvolde farther saye that diuers of the cheif and most principall amonge the nobilitie nameli the Erles of Argile and Huntley vvith the lorde Herris vvolde not in anie vvise accorde or agree therto othervvise then yt shoulde stande vvithe the Quenes voluntarie will voide and free from all manner of threatninges force and violence Wherof they did full earnestlie and solemlie proteste requiringe they re protestations to be enacted and recorded He vvolde more ouer saye that he coulde in no vvise vvell like of that parliamente that shoulde so dishonour his ovvne good mother and make her to be an infamouse Princesse havinge none other grovvnde and prouf to leade them to do so but onelie a fevve vncertaine ghesses and vnknovven obscure lettres He vvolde no dovvbte for all theis menâ— vaine bostinge and bragginge of Iustice and quietnes most tenderlie lament and vvofullie bevvaile the miserable and pittifull case and dolorouse state of that selie poore ragged and rent realme the vvretched and infinite robberies and spoiles coÌ„mitted and done vpon the trevve loiall subiects therof beinge dailie moste greavouselie oppressed and shamefullie murthered And the vvhole realme so mervelouselie maimed that the verie outevvarde enemye dothe sore lamente to see yt or heare therof and that vvilbe wondered at of all the posteritie so longe as the vvorld dothe staÌ„de He Wolde yet saye that in case there had bene no iniurie offerid either to his mother or to anie other he vvolde not suche miserie shoulde throvvghe hym or vnder hys name be cavvsed or occasioned thovvghe he might purchase therby the greattest empire in the vvorlde Thus maye euery man see perceaue howe dishonorable howe disloiall your acts doings haue bene and also hovve disagreable to your saiengs protestations and praetenses For ye pretended at your firste seditiouse motion as vve haue declared the Quenes libertie and honour and that ye vvolde duelie and feaithfullie serue her vvhiche your seruice vvhat yt was let your doings declare Ye make pretence that ye toke aâ—mes cheifelie for the apprehension of the Erle Bothvvell and yet ye dimissed and lett hym goo beinge presente and neuer but longe after and colorablie sovvght him Ye pretended the quietnes aÌ„d peaceable gouernemeÌ„te of the realme but the realme vvas never theis manye hundred yeares so disquieted turmoiled vvithe so sore stormes aÌ„d blustering tempestes The inconstancie of the QueÌ„s ennemies first pÌ„tendinge before the Q. and counsaile of EnglaÌ„de her voluntary dimission of the crowâ—e aÌ„d that afterward that she vvas deposed Ye pÌ„tended at your first inueienge aÌ„d coÌ„ference agaiÌ„st your sayde Maistris before the Quene of EnglaÌ„ds comissioÌ„ers that she findinge her self vnable and vnmeâ—e to rule and gouerne her realme and subiects voluntarilie yelded vpp and surrendred the crowne But the contrarie ys moste appareÌ„tlie knovven Yea you your selues about tvvo monethes after quite forgetinge your firste allegatioÌ„s saye that the states of the realme of ScotlaÌ„de depriued aÌ„d deposed her At What time ye also made soleÌ„ne hypocritical aÌ„d cloked ê“testatioÌ„s how lothe you Were to publishe and detecte anye matter to her dyshonour Wherto might be replied against you aswell the rule of
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌ„de After vvhose deathe she retorned to her father yet did kinge HeÌ„ry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ„ the saide kinge did reuiue aÌ„d renevve the like othe of allegeaÌ„ce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌ„de imagination to vvchyngeâ—k Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ„ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌ„ge other thinges by kinge Richard the secoÌ„d who succeded his grandfather kinge Edwarde the thirde which Richarde had diâ—ers worthy aÌ„d noble vncles who neither for lacke of knowledge coulde be ignoraÌ„te of their right Diuersitie of opinioÌ„s towchinge the vncle aÌ„d nephewe whether of them ovvght to be preferred in the royall gouernemeÌ„t neither for lacke of Frendes cowrage aÌ„d power be enforced to forbeare to chaleÌ„ge theire title aÌ„d intereste yet shoulde he haue had some countenance of reason aÌ„d ê“babilitye by cause many argumeÌ„tes aÌ„d the authoritie of many learned aÌ„d notable ciuiliaÌ„s do coÌ„curre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ„ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ„ taken for other then for an vsurper by excludinge him The possessioÌ„s of the crowne of â—nglands that were beyoÌ„de the seas seased into the Frenche kiÌ„gs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ„ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ„ by the practise and ambitioÌ„ of Quene Elenour hys mother aÌ„d by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ„ hym self which moste fowle and shamefull acte the saide IohnÌ„ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌ„de And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâ—hur in Bristowe castle where she miserablie ended her life Yf that gaâ—e Maxime wolde have serued to have excluded theis two children by cawse theye were straÌ„gers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ„ that the birthe owte of the legeance of Englande by father aÌ„d mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌ„de beinge then at dissention with the saide kinge IohnÌ„ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌ„s kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ„ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌ„che kinges sonne claimed the crovne of this realme iÌ„ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France †Pro here ditatevxoris iâ—re scilicet neptis Reg Io. vsque â—d mortem 〈◊〉 necessitas exigeret decertabâ— pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌ„ples are sufficieÌ„te I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâ—aued for a good suer aÌ„d substanciall interpÌ„tation of the coÌ„mon lawe And yt were not altogether froÌ„ the purpose here to coÌ„sider aÌ„d weighe with what aÌ„d howe greauouse plagues this realme hath bene ofte afflicted aÌ„d scowrged by reason of wroÌ„gfull aÌ„d vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌ„d noÌ„ber of the same plagues aswell otherwise as especiallie by the contentioÌ„ of the noble howses aÌ„d famelies of yorke aÌ„d LaÌ„caster â–ª Seinge yt ys so fortunatelie and almoste with in maÌ„s remeÌ„braÌ„ce extiÌ„ctâ— aÌ„d buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌ„r Hunt histâ— Angliae li. 6. I will nowe putt the gentle Reader in remeÌ„braÌ„ce of those onlie with whose vsurpinge titles we are nowe pÌ„sentlie in haÌ„de And to begiÌ„ne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
common lawe and the actes of parliamente And thus maye you see gentle Reader that nothinge can be gathered eyther ovvte of the saide supposed generall rule or Maxime or of any other rule or principle of the lawe that by any good and reasonable construction can seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes of and to the crowne of this realme of Englande as ys aforesaide We are therefore nowe laste of all to consider Whether there be any statute or acte of parliamente that dothe seame either to take awaye or preiudice the title of thâ— saide Ladie Marie And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde beinge onlie a declaration of the common lavve we haue alredie sufficieÌ„tlie answered â–ª We will passe yt over and consider vpon the Statute of 28. 36. of kinge Henry the eight beinge the onlie shoteanker of all the adversaries Whether there be any matter therein conteined or dependinge vpon the same that can by any meanes destroyâ— or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande The statutes of kiÌ„ge H. 8. towchinge the succession of the crovvne Yt dothe appeare by the saide Statute of 28. of kinge HeÌ„rie the eight that there was aâ—cthorie geaven him by the same to declare limitte appointe and assigne the succession of the crowne by hys lettres patentes or by hys laste will signed with his owne hande Yt appearethe also by the foresaide Statute made 35. of the saide kinge that yt vvas by the same enacted that the crowne of this realme shoulde goe and be to the saide kinge and to the heires of his bodie lawfullie begotten that ys to saye vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife begotten and for defaulte of suche issewe then vnto the Ladie Marie his dawghter and to the heires of her bodie lawfullie begotten And for defaulte of suche issewe theÌ„ vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys and to the heires of her Maiesties Bodie Lawfullie begotten And for defaulte of suche issewe vnto suche person or ê‘sons in remaynder or reversioÌ„ as shoulde please our late Sovereigne Lorde kinge Henrie the eight and accordinge to suche estate and after suche manner order and coÌ„dition as shoulde be expressed declared named and limited in his highnes lettres patentes or by his laste will in vvritinge seigned vvith his owne hande By vertue of whiche saide acte of parliamente the aduersaries do alleage that the saide late kiÌ„ge HeÌ„rie the eight afterwarde by his laste will in writiÌ„ge signed with hys owne haÌ„de did ordaine and appointe that yf yt happen the saide Prince Edwarde Ladie Marye and Ladie Elizabethe to dye withowte issewe of theire bodies lavvfullie begotten then the crovvne of this realme of EnglaÌ„de shoulde goo and remayne vnto the heires of the bodie of the Ladie Fraunces his nece and the eldeste davvghter of the Franche Quene And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten And yf yt happened the saide Ladye Elenour to die withovvte issevve of her bodye lawfullie begotten to remaine and come to the next rightfull heires Wher vpon the aduesaries do inferre that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances and to theire heires accordinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight And not vnto the Ladie Marie Quene of Scottes that novve ys â—n aÌ„swere to the foreâ—ide statutes To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande And that therefore the saide vvill can not be any whitte pÌ„iudiciall to the saide Quene Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill yt ys replied by the aduersaries Firste that there vvere diuers copies of his vvill fovvnde signed with his owne hande The effecte of the aduersaries ArgumeÌ„tes for the exclusion of the Q. of Scots by a pÌ„tensed will of kin H. 8. or at the leaste wise enterlined and some for the moste ê‘te vvritteÌ„ withe his owne hande Owte of the vvhich yt ys likelie that the originall vvill coÌ„monlie called kinge Henrie the eightes will was taken aÌ„d fayer draweÌ„ owte Then that there be greate aÌ„d vehemeÌ„te presumptions that for the fatherlie loue that he bare to the common vvealthe and for the auoidinge of the vncertentie of the succession he vvell liked vpon and accepted the auctoritie geauen him by parliament and signed with his owne hande the saide originall vvill which had the saide limitation aÌ„d assignatioÌ„ of the crowne And theis presumptions are the more enforced for that he had no cause vvhie he shoulde beare any affectioÌ„ either to the saide Quene of ScotlaÌ„de or to the Ladie Lenneux And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children But to putt the matter quite owte of all ambiguitie and dowbte Yt appeare the they saye that there were eleuen witnesses purposelie calledd by the kinge Who were presente at the signinge of the saide will aÌ„d subscribed theire names to the same Yea the cheif lordes of the couÌ„saile were made aÌ„d appointed executours of the saide will And they aÌ„d other had greate legaties geaueÌ„ theÌ„ in the saide will vvhich vvere paide and other thinges coÌ„prised in the vvill accoÌ„plisshed accordinglie There passed also purchases aÌ„d lettres pateÌ„tes betwene kinge Edwarde and the executours of the saide vvill and others for the execution and performance of the same Finallie the saide testamente was recorded in the chauncerie Wherefore they affirme that there owght no manner of dowbte move any maÌ„ to the coÌ„trarie And that either we muste graunte this will to be signed vvith his haÌ„de or that he made no vvill at all Bothe muste be graÌ„ted or bothe denied Yf any will denye yt in case he be one of the vvitnesses he shall impugne his owne testimony Yf he be one of the executours he shall ouerthrowe the fowndation of all his doinges in ê“curinge the saide will to be inrolled and sett forthe vnder the greate seale And so by theyr dubblenes they shall make theÌ„ selues no mete witnesses Nowe a maÌ„ can not ligthlie imagine how any other besids theis two kiÌ„des of witnesses for some of theÌ„ aÌ„d of the executours were suche as were coÌ„tinually waytinge vpoÌ„ the kinges ê‘son maye impugne this will and proue that the kinge did not signe the same but yf anie suche impugne the saide will Yt vvolde be coÌ„sidered howe manye they are aÌ„d vvhat theire are And yt wil be verye harde to proue Negatiuam facto But yt ys euideÌ„te saye theye that there was neuer any
suche lawfull prouffe againste the saide will ê“ducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌ„de yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ„ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌ„d sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌ„ce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ê‘liameÌ„tes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ— quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌ„te maye be geaven to an acte of parliameÌ„t by hys lettres pateÌ„tes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌ„monlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌ„sumptions aÌ„d reasons agaiÌ„st the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ„ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌ„d welthe of the realme to the good coÌ„teÌ„tatioÌ„ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌ„d dishonorable sorte as ys pÌ„teÌ„ded I plainlie denie For beinge at the time of this pÌ„tensed will furnissâ—ed and adorned with issewe our late kiÌ„ge Edward aÌ„d ladie Marie late Quene aÌ„d with our graciouse souereigne Elizabeth theire state aÌ„d successioÌ„ beinge also latelie by acte of ê‘lameÌ„te established what nede or likelyhode was there for the kinge theÌ„ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌ„d fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ„ of the redd rose and the white lately by the incorporation and vnioÌ„ of the howses of yorke and Lancaster in the ê‘soÌ„ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌ„d buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌ„te yet coulde not he be ignorante that nether pÌ„liameÌ„tes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ê‘liamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌ„ded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ê‘liamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ„ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ê“cure aÌ„d purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌ„che Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌ„d afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
senteÌ„ce as well in publike as in priuate causes Wâ—meÌ„s regiment in Spaine PortiÌ„gale â–ª Burgundie aÌ„d Flaunders Irmelgardis daughter of Conrade Duke of FraÌ„con Whose gouernement was also prosperouse happie and fortunate More ouer yt appeareth that the IllyriaÌ„s and Slauons were ruled by Quene Teuca what shall I speake of Spaine and Portugale of the Dukedome of BurguÌ„dye aÌ„d of the Erledome of Flaunders and of other partes of lower Germanie Conrade the Duke of FraÌ„conye and LaÌ„rgraue of Hesse vvas made countye Palatine of Rhene and Duke of LorraÌ„ne by the inheritance of his wife Irmelgardis Monster Cosâ— vniuersal li. 3. pag. 620. He had but one daughter who was maried to CoÌ„rade duke of Sueuia whereby he was made comtye Palatine of Rhene Agnes vvife to HeÌ„ry duke of Saxonie This Conrade had a dawâ—hter called Agnes maried to HeÌ„rie Duke of Saxonie and Limâ—burge who thereby enioyed the countie Palatine The like maye be sayed of diuers other partes of the Germanicall Empire Agenes wif to Henrie the 3. Emperour Yea a vvoman hathe ruled and gouerned the saide vvhole Empire as yt ys euideÌ„te in Agnes the vvif of the Emperour Henrie the thirde duringe the time of the minoritie of her sonne HeÌ„rie the fowrthe And yet the same Empire Paul Aemil lib. 3. ye wote well passeth by choise and election and not by liniall succession of bloude Chari li. 3. Yea manye hundrethe yeares ere she was borne and in the floreshinge time of the olde Romaine Empire Fulgo l. 8. cap 16. de dict fac memor Mesa Varia graÌ„dmother to the Emperours Heliogabalus and AlexaÌ„der Seuerus sat with the senate at Rome hearde and examined the vveightie causes of the Empire Crana noah daughter and sett her hand also to suche thinges as passed towchinge the publike affaires I do nowe adioine the kingdome of Sicilie Beros li. 5. Lâ—uâ— lib. 1. Dec. 1. and Naples in Italye of the vvhich I talye Noah vvhome the prophaâ—e vvriters call Ianus made Crana his dawghter rulâ—r aÌ„d Quene Aene. Sylui de Asia ca. 20. Where also Lauinia reigned after the deathe of Aeneas And as for Naples this presidente of vvomanlye gouernemeÌ„te ys not to be fownde there onlye of later yeares in bothe the Quenes called Iohanne Quene of Naples Amalacintha but eauen from verye Auncient time Which thinge the stories do recorde in Amalasyntha that gouerned after kinge Theodoricus with her sonne Athalaricê° Cronic Palmerij H. contracti MuÌ„st vniuers Cosmo. lib 4. The saide Amalasyntha vvas mother to Almaricus kinge of Spaine and after his death ruled her self the saide realme WomeÌ„s regiment in Loraine aÌ„d Mantua Lett vs nowe adde further the Dukedomes of Lorane Mantua the kiÌ„gdomes of Swethia Aeneas Siluiê° in desc Asiâ— c. 10. Hector Boet l. 1. Hâ— Sco. Vide la Geneal des Rois de FraÌ„c impr Paris 1561 in Carolo Magno of Dania and of Noruegia In the kiÌ„gdome of Svvethia Dania and Norwegia Boeame Hungarie and Scotlande Wherof Margarett the dawghter of waldemaâ—us was gouernesâ—e and Quene The kingdomes of Beame of Hungarie And to drawe nerer home the realme also of ScotlaÌ„de vvhich realme hathe denomination of a woman as theire stories reporte as hathe likewise FlauÌ„ders The like some of our stories reporte of EnglaÌ„de wherein I will make no fast foringe Now touchiÌ„ge the feminine successioÌ„ to the right of the croune of EnglaÌ„d Englande it ys no newe fownde succession and muche lesse vnnaturall We reade in our cronicles of Quene Cordell the thirde heire davghter of kinge Leire the tenthe kinge of Britannie that restored her father to the kiÌ„gdome beinge deposed by her tvvo other sisters We reade that abowte three hundred fiftie and fiue yeares before the Natiuitie of Christe Martia ê“ba Martiae proba duringe the nonage of her sonne did gouerne this realme full politikelye and vviseâ—ye HeleÌ„a mother to CoÌ„staÌ„tine the greate and established certaine lavves called Leges Martianae There be aswel of our owne as of externall historiographers that for a moste certaintye affirme that Helena the noble Constantine his mother vvas a Britane Onuph de Rom. priÌ„c Eusâ—bi de vita CoÌ„staÌ„ lâ— 1. and the onlye dawghter and heire of Coëlus kinge of Britane and that the saide constantine was borne in Britanie suerlye that his father Constantinus died in Britanye at yorke Eutropius and that the saide Constantinus begane his noble victoriouse race of his moste worthie Empire in Britanye yt ys reported by Aunciente vvriters and of greate faythe and creditt And likevvise that longe before the saide Helens time vvomen bare the greateste svvaye Britanes had vvomen for theire Capitaines in vvarfare Voadicâ— Amonge other Coâ—nâ—lius Tacitus writethe thus His atque alijs inuicem instructi Voadica generis regij foemina duce neque enim sexum in imperijs discernunt sumpsere vniuersi bellum In vita Agricolae We have nowe alredie shevved of Henrie the seconde Henry the secoÌ„dâ— kinge by hys mothers right who obteined the crowne by hys mothers right Which sayde kinge by the title of his wife and after him his successours kinges of Englande did enioye the Dukedome of Aquitania and the ErldoÌ„e of Poyctieres Vide AlliaÌ„t geneal claud paradini 1561. as the saide kiÌ„ges successours shoulde haue done also as we haue shewed before the Dukedome of Britanye yf Arthure kinge Richardes nephevve had not by the vsurpinge of kinge Iohan his vnnaturall crueltye died withovvte issewe And by what other right then by the womans inheritance devve to kinge Edwarde the thirde by his mother the FreÌ„che kinges Davvghter do the kinges of this realme beare the Armes and title of the kinges of France The Frenche men make not vvomens regiment vnnaturall And thovvghe the french men thâ—nâ—ke theire parte the better against vs yt ys not but vppon an olde politike lawe of theire owne as they saye aÌ„d not vpon anye suche fonde grovvnde as ye pretende that womens regiment ys vnnaturall Which regimente ye stowtelie affirme to be farre a sonder from any naturall regimente Yea trewlie as farre as was the boyes head from the shovlders the laste Bartholomewe fayre at London Which manie a poore sowle did beleave to be trewe For as the boyes head remained still vpon hys necke and shoulders thowghe yt seamed by a light livelie Legerdemayne to be a greate waye froÌ„ the bodie So wolde ye nowe caste a myste before our eies and make vs beleave that womanlie governemente and nature be so deuided aÌ„d sondred that they maye in no wâ—se be linked aÌ„d cowpled to gether But suerlie the Frenche nation was never so vnwise to thincke this kinde of governemente repugnante to nature or to godes hâ—lie worde for then they wolde never have suffered theire realme to have bene so often governed and ruled by women in the time of the Nonage or absence of theire kinges as by
Adela the mother of kinge Philippus and by Blaunche the mother of Saint lewes Adela Kinge Philips mother and Blaunche the mother of S. levves aÌ„d by the wife of the late kinge Frances taken prisoner at Pavia and by divers other Neyther sholde the saide Adâ—la and Blaunche haue bene so coÌ„mended for theire saide noble and worthye rule and governemente The saide frenchemen Se the preface of the sayde Alliances thowghe by policie they have prouided to exclude strangers from the inheritance of the crowne The Frenche meÌ„ holde greate principalities by the vvomens right Yet they them selues holde at this daye by the vvomans title intereste the Dukedome of Britanie vvith diuers other goodlie possessions And we haue shewed before howe levves the Dolphine of France made parte title to the crovne of this realme in the title of his wife The coÌ„clusioÌ„ against the Aduersarie towchiÌ„ge the lavve of nature Thus I haue as I suppose sufficientlie proued that this kinde of regimeÌ„te ys not against nature by the anciente and continuall practise of Asia Aphrica Europa For the parfitinge of the whiche laste parte of Europa and of the whole three partes I ende with the notable Poëte virgilles verses Filius huic fato diuûm prolésque virilis Nulla fuit Virg. li. 7. primáqueâ—riens erepta iuuenta est Sola domum tantas seruabat filia sedes VVE knytt vppe therefore our conclusioÌ„ against you after this sorte That lawe and vsage can not be covvnted againste the lawe of nature or ius gentium which the moste parte of all contreies and one greate or notable parte of the vvhole vvorlde dothe and hathe ever vsed But this lawe or vsage ys suche Ergo yt ys not agaiÌ„ste the lavve of nature The maior neadethe no prouf as for the proufe of the minor vve neade to imploye no farther labour then we haue alredy done WherevpoÌ„ the coÌ„sequeÌ„tâ— must neades be inferred that this lavve or vsage dothe well agree aÌ„d staÌ„de with the lawe of nature The reasoÌ„ therof ys that yt ys most naturall the davvghter to inherite her fathers patrimonie Where vnto yf there be a dignitie annexed bothe are so vnited and knitt together that they caÌ„ in no wise be vnlinked Marie yf you had driuen your argumeÌ„te of the dewtie obedieÌ„ce that the wife owethe to her husbande and had argued yt ys the lavve of nature that the wife shoulde be ruled and gouerned by her husbande Ergo yt ys against nature that the wife shoulde be heade to her husbande in respecte that she ys hys wife then had you argued conformablie to reason scripture and nature But yf you will therof inferre Ergo she can in no wise be head to her husbande The vvife in some case maye be head to her husbande then playe you the Sophister makinge a fallible vitiouse argumente and makinge a confuse minglinge of those thinges that be of sondrie aÌ„d diuers natures The childe must obey his Scholemaister and pareÌ„tes maye iustlie of theÌ„ be chastened thowghe he be a Prince Yet this not withstandinge the saide chylde maye vse his aucthoritiâ— by his magistrates againste hys scholemayster Yea and yf the case so require against his parentes to As did Edwarde the confessor and kinge Edwarde the thirde againste theire mothers eauen so the case farethe vvith the husbaÌ„de and the wife The vvife maye vvith ovvâ—e anye impairinge or maiminge of her dewâ—ie to God or to her wedloke represâ—e her husbandes misdemeanure yf yt be noifull to the coÌ„mon wealthe And yet ys she not therebye exempted from suche dewtie as the matrimoniall coÌ„iunctioÌ„ crauethe of the vvife towarde her husbande Ye frame an other argumente of inconueniences as thowghe vnder the vvomans regimeÌ„te Ataxia that ys to saye disorder moste coÌ„monlye creapethe in I vvill not denye but sometime yt ys so but that moste coÌ„monlye yt ys so that I denye Lett bothe the regimentes be compared and matched together and weighed by an indifferent ballaÌ„ce and I ame deceaued but the inconueniences of the mans regimente for the ratâ— â–ª will ouerpaise the other And yt ys full vnmete vnseamelye aÌ„d daungerouse matter Princes right mate not be ruled by bliÌ„d ghesses to rule Prices right and titles by suche blinde ghesses Well you vvill yet saye ye haue scripture on your side Ye saye the Iewes vvere coÌ„maunded to take no kinge but ex fratribus a brother Ergo vve can haue no sister to our Quene To this obiectioÌ„ also my two former answeres maye sufficieÌ„tlye serue First you muste proue that all Christian Princes are obliged and subiected to this parte of Moyses lawe aÌ„d that shall ye neuer be able to do which thinge ye sawe vvell inowghe and therefore ye vvere faine to vnderproppe and vpholde this your ruinouse and vveake buildinge vvith the stroÌ„ge force of the lavve of nature But this force as you haue hearde ys but the force of a bull reshe Ovvre seconde ansvvere also vvill sone infringe breake this your conclisioÌ„ which respectethe onlye the free and voluntarie electioÌ„ and choise of a kinge But vve speake of birthe successioÌ„ wherein we haue none intereste but God who ys the onelye Iudge and vmpier and hathe by his deuine prouidence made to our hande his choise alredye which yf vve vvolde vndoe and reuerse we might seame to be verye sawcye and maleperte with him But vve vvill remoue and reliÌ„quishe all theys helpes What absurditie followeth by straininge this woâ—de ex fratribus and see vvhat and hovve faâ—re this aucthoritie forcethe by the verye wordes Frater ys the masculine gender ye saye and therefore women are to be remoued Then by this rule women also muste be excluded from theire saluation by cause scripture sayeth He that shall beleaue and be baptized shal be saued Marci vltê° Ps. 1. 40. Holye scripture abowndethe of like places Matth. 5. As Beatus vir qui non abijt in consilio impiorum Lâ—ucâ—ê° Â§. quaesituÌ„ if de lege Tert. ibi Bart. c. Beatus qui intelligit c. And by this rule vvomen are excluded froÌ„ the eight beatitudes But we will not shifte your owne worde Brother We saye therefore that this vvorde muste not be takeÌ„ so straightlie Gene. 13. narowlie as ye take yt for firste not onlie in scripture Apollon Rhodiê° li. Argon 8. le 1. ff de verborum signif but in olde aunciente prophane authours yt comprehendethe the brothers childe Yea and sometime in ciuill lawe cosen germaÌ„s coÌ„minge of two bretherne Le. tres frÌ„es ff de pactis l. lucius ff famil herciscund AbrahaÌ„ called Lothe his brother Medea also callethe her sister Chalciopes sonnes her bretherne speakinge to her sister in this sorte 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Leuit. 19. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Againe as in the ciuill lavve the masculine gender comprehendethe the feminine Deut. 29. so doth yt in your vvorde brother