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
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
only Of the like weight is his other coÌ„sideration imaginiÌ„g and surmising this statute to be made bicause the King had so many occasioÌ„s to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takeÌ„ as a declaratioÌ„ of the coÌ„mon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother EdmuÌ„d Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine ViolaÌ„t daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid couÌ„treies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womeÌ„ might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this maÌ„ swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters whereâ—oeuer they be borne Al the doubt was for other persons as appeareth euideÌ„tly by the tenour of the statute whether by the coÌ„mon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driueÌ„ to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childreÌ„ and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin coÌ„prised so vpoÌ„ these FreÌ„ch wordes Les enfants de Roy he noteth in the MargeÌ„t The Kings childreÌ„ but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takeÌ„ strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritaÌ„ce and not for the Cround as most men take it and as it may be as we haue said very wel takeÌ„ and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childreÌ„ the Croune also is meant yet neither may we enforce the rule of foraine borne vpoÌ„ the kings children which are by theâ—presse wordes of the statute excepted neither enforce the word Inâ—â—â—s to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the coÌ„trarie seing that the right of the Croune falling vpoÌ„ them they may wel be called the kings ChildreÌ„ or at the lest the childreÌ„ of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expouÌ„ded of the same the said Queene is out of the reach and coÌ„passe of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England
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
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
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
bewraieth you and your whole cause withal Is it to be thought that either the Earle would send to the said Sir Iames who had before assisted the faction against the Quene with the force and strēgth of Edenborough Castle and driuen from thence the very Earle him selfe or that the said Sir Iames would send any such thing to the Earle Is it likely Is it credible Had the forger and inuentour of this tale by seemely conueiance parted and diuided the distinction of his times Howe say ye Whereas nowe it is in no case to be supposed or coniectured that suche a wise vertuous Ladie would sende any suche letters yet putting the case that she had sent them it is not to be thought that either the receauer thereof or that she her selfe whome ye conceaue to haue sent them would haue suffred them for the hasarding of her estimation and honour to remaine vndefaced namely seeing there was a special mention made and warning geuen forthwith to burn them and make them away Neuerthelesse when you haue takē your best aduantage you can of them such kinde of letters missiue and Epistles especially not conteining any expresse commaundement of any vnlawful acte or deede to be committed and perpetrated not ratifiyng or specifiyng the accomplishment of any such facte already past but by vnsure and vncerteine ghesses aymes and coniecturall supposinges are not able in any wise to make a lawful presumption much lesse any good and substantial proufe not only against your Soueraigne and Prince but not so muche as against the poorest woman or simplest wretched creature in al Scotland Surely the Ciuil lawe willeth that in criminal matters for such are these the accusers alleage and bring foorth nothing but that they may be able to approue and iustifie by the testimonie of good and lawefull witnesses or by some other most manifest cleare and euident proufe or presumptions Sciant cuncti accusatores eam se rem deferre in publicam notionem debere quae munita sit idoneis testibus vel instructa apertissimis documentis vel indiciis ad probationem indubit atis luce clarioribus expedita This rule ought to be obserued and kept in the simplest and seeliest poore mans cause that is and thinke you nowe you moste vngrate and vnthankefull subiectes that ye maye lawefullye take armes against your Maistresse and your moste benigne Queene that ye maye caste her into vile prison and spoyle her of her Croune and whiche is more of her good and honourable name fame and estimation and then bleare mennes eies and face the world out with the shew of these letters as it were with a carde of ten But yet say you they are her letters She denieth them and we denie them to There is neither subscription of the writer nor superscriptiō vnto whom they were directed they are neither sealed nor signed there appeareth neither date wherein they were dated neither day nor moneth There is no mention made of the bearer who is as it may be supposed for any name he beareth the man in the Moone He was neuer yet knowen nor herd of that did either receaue or deliuer them For as for him that ye surmise was the bearer of them and whome you haue executed of late for the said murther he at the time of his said execution tooke it vpon his death as he should answere before God that he neuer caried any such letters nor that the Queene was participant nor of coūsayle in the cause Think ye that wise and expert mē are ignorant how perilous and dangerous a matter it is to fasten any good proufe vpon illation of letters and how easy it is to some men to imitate and counterfeat any character The which a Knight lately deceased in England could so liuely and subtilely doe that he who wrote moste crabbedly and vnleageably could hardly discerne his owne hande writing from the Knights counterfeiting hande But who conferred these letters I pray you with your Queenes owne hande writing Dare you to warrant them in this so perilous and weighty a cause to haue bene so exquisitely and so exactly vewed and conferred with al suche dewe circumstances as the Ciuil law doth require were it but a Ciuil or a money matter You wil peraduenture answere that there was dew collation by you made O perfecte and worthy collation O meete and apt men for suche a purpose As though it is not notoriously knowen throughout the worlde that ye are her most mortal enemies as though these counterfeit letters were not the vnderpropped postes and vpholders of your whole treachery and vsurped kingdome as though that many in Scotlande could not expresse and resemble and counterfeit in their writinges the Queenes very character and as though there were not among your selues some singuler artificer in this hādycraft and that hath sent letters also in her very name aswel into Englande as to other places bysides without either her commaundement or knowledge How can I chose then but say that this deede is your shamefull handy-craft and not her hand writing Yea surely al this is your owne fained forging and most vile counterfeiting If ye be angry with me for thus saying by you I hope you wil be sone colde with me againe seeing that I wil not bring out any dead witnesses as ye craftily do contrary to reason and lawe Quia testibus non testimonijs credendum est nor suche like but good sufficient and lawful witnesses suche as ye can not by any iust exception or tergiuersation auoyde or elude And these are none other but euen your owne selues For either you must bring foorth good and apparent witnesses to prooue it her hande or some suche as were priuie to the meaning of the sayd letters whiche ye neyther yet haue done nor are likely euer to doo Or ye must graunte that you were priuie to them your selues with the Queene or at least with the said Earle whom ye surmise to haue receaued these letters or that al this is by you maliciously driuen and concluded If ye graunt vs that ye were priuie of the saied letters we truste then you wil be good to the Queene and if it were but for your owne honesties sake If ye denie that and withal that you were the contriuers thereof your selues we pray you to tel vs and blush not how you could so readily and so directly hit the interpretation of these wordes our affaires and what these wordes should meane there being so many affaires as ye pretende in these your fayned false letters betwene the Queene and the Earle That only thing that by these wordes ye surmise pretende and coniecture I suppose that if you were wel examined of this point vpon the sodaine and were vrged and vehemently pressed by any indifferent and vpright Iudge you woulde be somewhat to feeke And yet take at your leasure as good aduisement and as long consultatiō with your selues as ye can and may thinke meete
and defende him against al men that would then after challenge or pursue him as guiltie of the said crime The wihch their doings the Queene considering and fearing dangers imminent and withal calling to mind the sundry and diuers vprours and seditiōs already made against her the wretched and most cruel murther of her Secretarie in her own presence the late strāge and miserable murther of her husbād the distresse the discomforte and desolation wherein she was presently bewrapped the Earles actiuitie in Martial feates and the good and faithful seruice done by him to her mother and to her self fearing some new and fresh sturre and calamitie if she should refuse her Nobilities request though very circūspect and naturally prudent in al her other doinges yet neuerthelesse a woman and especially neuer to that houre ones admonished either opēly or priuately after the Earles acquital that he was guiltie of the said fact nor suspecting any thing therof yelded to that to the whiche these craftie colluding seditious heads and the necessitie of the time as then to her seemed did in a maner enforce her Let them now lay on lode let them now rage and raue against this acquital and mariage let them lie to their owne shame vpō their owne deuifes and doinges thereby to defame their Queene Let them lie that the Erle of Huntley was restored to his fathers patrimonie to procure his sisters consent to the diuorse betwene th' Erle and her which restitution was made not for that cōsideratiō but by cause the Queene thought in her cōscience his father wrongfully cōdemned Let them crie out vpō th' Earle Bothwel for that the sentēce of diuorse was promulged partly by force partly without the iust and vsual order of the law and without sufficiēt proufs Let them cry out vpō him for his violēt taking and deteining the Queene Yet if they cā not precisely proue the Quenes consent to any of his vnlawful actes as hitherto they were neuer able to do then can they not get or gather any iust occasion which is the thing they only seeke for to suspect the Queene of this greuous acte On th' other side it is wel knowē and easy to be proued that this faction did chiefly procure as we haue said aswel the acquital as the supposed mariage and therfore by likelihod was priuie of all other consequent deuises and practises Wherefore they do nothing but blow out and blase to the worlde with their owne foule filthy mouthes their own shame and doe fare like a man that doth thrust a sworde through both his owne sides to pricke a litle and raise but the outward skinne only of his enemie Ye may now wel perceaue gētle Reader that hitherto they haue produced litle matter of credit against their Quene and yet as it appeareth very good matter against them selues and for their owne discredit Nowe may ye therefore easely coniecture and by these their chiefe and principal matters and groundes easely perceaue what accompt is to be made of al the residue of their lewde slanders and what smal force and strength al their whole sayinges do beare They see it they see it wel inough themselues good Reader whereby they wel perceaue and fully vnderstand that they altogether are vnable to beare out and mainteine by reason iustice or law these their outragious and seditious procedinges And therefore they set vpon them the best colour and countenance they can Wherein you shal nowe heare what they did alleage being in England for them selues They say that no man can charge them or the residue of their Nobilitie that they haue gone as much as one onely step from the office and dutie of good subiectes in taking armes against the outragious enormities already committed and to preuent the great dāgers imminēt to the persons of their Queene and her dere sonne to their Nobilitie and to the whole state of their weale publike And that it was no smal harts grief to them to heare what vilanie al Nations thought and openly spake of them for suffering such a Tragical matter to scape vnpunished which thing ingendreth of vs say they among strangers and al forain Nations an ill and sinister opinion of some common consent thereto made by our whole Nobilitie Yea to see also the very Executour thereof him selfe by violent force to take deteine and kepe his and their Souereigne and with mariyng with her to disteine her honour Wherfore to set her Maiestie at freedom out of his bondage to preserue her honour and the personne of her sonne and by due punishment of suche a malefactour to recouer their good name and estimation with the rest and quietnes of their Cōtrey when they had but in vaine attempted aswel al other meanes as by the offring to the Earle singuler battail they were driuen to gather force to resist them who came to the fielde against them with a strong army But he refusing either to wage singuler battail which was then offered to him or to ioyne in battail with their cāpe escaped by flight The Queene in the meanewhile rendred herself into the Nobilities hands there assembled and by them was conueied to Edēborough but afterward they were of very necessitie compelled to sequester her vntil such time as some remedie might be found for these maters into Lochleuē Wher she hauīg now aduised with her self and fully perceued her owne disabilitie to susteme the weight of so great a roome frely and volūtarily by their saying gaue ouer the Croune to her sonne appointing the Earle Murray being at that time out of the Realme to be Regēt therof during her sonnes minoritie Th' Earle Bothwel not long after being by them pursued fled the Realme to escape their handes Now this said resignation by the Queene ones made to her sonne he was forthwith by them solemnly crouned and he as King the Earle Murray as Regent obeyd and the state of both these Regimēts was by Acte of Parlamēt established Whervpō quietnes began to encrease and iustice more and more daily to take place which yet some persons sai thei much enuiyng at to the disturbāce of the same and of the kings authoritie first practised contrary to the said their Acte of Parlament the Queenes deliuerance out of Lochleuen and then shewed them selues in armes But as their attēpt say they was vnlauful so the victory fel against them on our the righteous side Whereby God him self semeth to haue geuē sentēce for the equitie of our whole cause against our Aduersaries These are the principal allegations that these good men haue proposed for the iustification of their proceedinges against the Quene before the Cōmissioners of Englād Finally they say that the moste parte of them selues are for particuler benefits priuately so muche beholding to their said Quene that a number of them could be cōtēted and wel willing if they might preserue Scotland in the state of a Kingdome preseruing also the professiō of true religion with the Kinges person
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
the couÌ„tenance and maintenance of a Kingdom is mere vaine and altogether nedelesse For why should you thus feare hauing such a noble Queene lineally descending froÌ„ the Roial race of the noble Kinges of ScotlaÌ„d and inheriting the Croune therof of right she hauing bisides God be thaÌ„ked therfore so goodly a noble Impe when the time and law calleth him therto to succede his mother vnlesse that you be M. Knoxes owne good scholers and such of his affinitie that haue set vp and erected a ioly new schole as we haue declared teaching that it is not lauful for a woman Prince to haue Ciuil Gouernment These and many the like thinges would this good and gratious Impe reasonably and like a good natural louing childe tel and reproue you of if he were of discretioÌ„ and intelligeÌ„ce to weigh and coÌ„sider your strange procedings and diuellish dealinges against his most deare and tender mother Yea he would tel you that his mothers inestimable and vnmeasurable benefits were wel and worthely employed and bestowed vppon suche a wicked and vngrate generation He would also say and tel you that you should purchase your selues smal renoune and litle reward of God or of the world for this your false fained patieÌ„ce in heariÌ„g your selues called and that ful worthely traitors and Rebelles No more surely then if ye had hard as now ye must for this dainty dish we haue reserued for you to the last course and so proued withal the deuisers and procurers of the shameful vile vilanous murther of the noble yonge Lorde the Lorde Darley your owne Mastresse and Queenes most dere husband Whose tender hart neuer any worldily thing so nigh and so depely pearced as did this mischieuous note Ye triumph and vaunt of your glorious victorie and of the vnmerciful slaughter that you haue made vpon the Queenes most louing loyal and faithful subiects Ye valew measure and rule thereby the goodnes and equitie of your quarel and cause But this rule doth not alwaies holde as neuer hauing exception and instance The Israelites quarel against the Tribe of Beniamin rising vppon a trueth and horrible facte perpetrated and commited by the Gabaonits whome the Beniamits did defende and not vpon false fayned doinges and outragious ambition as yours doth against your Souereigne was a thousand times better and more iust then is this your pretensed quarel and seditious vprore And yet the Beniamits gaue them a sore greeuous and pitiful ouerthrow And surely it were no il counsayle for â—ou to remember withal the olde saying â—spice finem take good hede what may fal â—â—t at the ende Ye do litle weigh and conâ—ider the greate prouidence of almighty God in this facte whereby he seemeth to â—une prouided suche an indifferent way â—nd so free from al sinister suspition for the â—rouf and iustification of the Queenes inâ—ocencie and integritie and for the mainteâ—â—nce and preseruation of her name and â—onour the which she estemeth and preferreth afore al earthly thinges and for your â—tter confusion and shame the like wherof could not by man be found What shal I then say to you How shal I beginne or wherein to accuse you Surely I may wel cry out O heaueÌ„ ô earth ô God ô man Hearken hearkeÌ„ to such a heighnous diuelish deuice and drift as doubtlesse neither Tragedy nor any record of Antiquitie can lightly report a more heinous HearkeÌ„ I say to this detestable and abhominable facte Hearken of subiectes that haue consented vnto and caused their owne Princes Husband to be slaine and not contented to enioye their owne impunitie of so horrible and greeuouse a crime haue sought and inueÌ„ted meanes and waies willingly and wâ—â— tingly to haue slandered therewithal theâ— most innocent Maistresse and Souereignâ— and haue most wrongfully and ful iniuriouâ—ly cast her in prison and spoiled her of aâ— her Princely estate being in a readines eueâ— ry howre to haue bereaued her of her liâ— and al and as they haue of them selues reâ— ported haue bene of nothing more repeâ— tant and sorie then that they haue not fullâ— executed their purposed mischiefe We say then no lesse boldly then truely First that the Queene for this facte is far frâ— al fault We say next that ye Murray anâ— your companions are the very deuisers and coÌ„triuers of the murther of this noble geÌ„tle man your selues But to disclose and opeâ— these matters at the ful it requireth a very large scope and discourse Yet wil we aâ— briefly as the cause wil suffer prosecute the same For the first part that may suffice that we haue already declared and shal here after declare for her innocencie Now before we procede to the seconde for the more euident and open condeÌ„nation of these men let vs imagine that to be done that neuer was thought of her parte to be â—one Let vs imagine and suppose that the Quene was therin guilty as these men most â—lsely and slanderously report yet are all â—hese their procedings of no validitie or â—orce and she remaineth stil their Queene â—nd in her fulauthoritie by good reason and â—awe The zeale to punnish greate crimes is â—oÌ„mendable so it be measured by order and â—â—we For as Aristotle saith It is not inough 〈◊〉 do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a good dede vnlesse it be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wel done also The one whereof respecteth â—he fact the other the forme manner and faâ—hion the qualitie meanes and order of the â—oing thereof Quia forma datesse rei This â—orme and fasshioÌ„ of wel doing hath not ben obserued in your procedings For it can not â—e wel done that is vnlawfully and disorâ—erly done If it had ben but a pore priuate mans cause for the lacke of dew and conueâ—ient forme in the treating and handling thereof the whole procedinges had ben of none effecte or purpose The lawes of wel ordered coÌ„mon wealthes especially the Ciâ—il lawe the Principal and Mastresse of all other Ciuil policies and ordinances do reâ—uire in aliudgements to be geueÌ„ against the â—efendaÌ„t three seueral and distinct persons the Iudge the Accuser and the witnesseâ— The defendant hath the benefit of iust anâ— lawful exceptions aswel against the Iudgeâ— as against the Accusers and witnesses Echâ— of whom may be reiected for open enimâ—â— toward the Defendant and for diuers otheâ— causes Accusers may be repulsed some â—â— that they haue receaued a singuler benesâ— of the partie defendant as a bondeman mâ— numitted and made free in case he wil aâ— cuse his patrone and manumisser or if a maâ— wil accuse his educatour and bringer vppâ—â— Some for nearnes in blood and consanguâ— nitie as the brother Some for naughtâ— and infamous behauiour and some for otheâ— respectes Shal these vngrateful Traitours then thaâ— iustly neither can be Iudge nor accuser noâ— asmuche as witnesse against their Souâ— reigne and to them a most gratious Quene by any reason or lawe play them selues aâ— the three parts in the Tragedie
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
bereaue vs of the present Gouernour the hartes and iudgementes of men being no better nor more firmely setled and fixed towards the expectation of a certaine succession then they seme now to be then wo and alas it yrketh my verie harte euen onse to thincke vpon the imminente and almost the ineuitable daunger of this our noble Realme beinge like to be ouerwhelmed with the raging and roring waues of mutual discorde and to be consumed with the terrible fier of ciuil discētion The feare whereof is the more by reason already in these later yeares some flames thereof haue sparkled and flusshed abrode and some parte of the rage of the sayd fluddes haue already beaten vpō the bankes I meane the hot contention that hath bene therein in so many places and among so many persons of bookes also that haue bene spread abrode and daily are spread being framed affectionately and sounding according to the sinister opinion of euery mans priuate appetite Seing therefore that there is iust cause of feare and of great danger likely to happen by this varietie of mens iudgementes so diuersely affected as wel of meane men as of greate personages I take it the parte of euery true Englishman to labour ad trauaile eche man for his possibilitie and for suche talente as God hath geuen him to helpe in conuenient tyme for the preuenting of the imminent daunger We knowe what wit what policie what paines what charges menne imploie to prouide that the Temmes or sea doo not ouerflowe such places as be moste subiecte to daunger We knowe what politike prouision is made in many good Cities and townes both to foresee that by negligence there ryse no dangerouse fiers and yf they chaunce with al diligence to represse the rage thereof Wherein among other his prudente dooinges Augustus the Emperour is commended for appointing at Rome seuen companies ordinarily to watche the Citie for the purpose aforesaide Wherevnto he was enduced by reason the Citie was in one daye in seuen seuerall places sette on fier And shal not we euery man for his his parte and vocation haue a vigilant care and respecte to the extinguishement of this fier already sprong out that may if the matter be not wisely foreseen destroie subuert and consume not one Citie onely but importe an vniuersall calamitie and destruction Which to represse one ready and good way seemeth vnto me if men may knowe and be throughly persuaded in what person the right of the succession of the Croune of this our Realme doth stande and remaine For now many men through ignorance of the said Right and Title and also the same being depraued by certaine sinister persuasions in some bookes wherevnto they haue to lightly geuen creditte be caried away from the right opinion and good hart that they otherwise would and should haue The whiche kind of men I doo hartely wishe from their said corrupte iudgemente to be reuoked and shal in this Treatise doo my beste indeuour to remoue not presuming vpon my self that I am any thing better able then others this to do for I knowe my owne infirmitie but being glad and willing to impart vnto others such motiues as vpon the reading of such bookes which of late haue ben set forth by the Aduersaries and after the diligent weying of diuers argumentes to the contrarie seeme vnto me sufficient to satisfie any honest and indifferent man that is not obstinately bent to his owne wilfull affections or to some other sinister meaning and dealing We say then and affirme that the right Heire and Successour apparent vnto the Croune of this Realme of England is at this time such a one as for the excellent giftes of God and nature in her most princely appearing is worthie to inherit either this noble Realm or any other be it of much more dignitie and worthines But nowe I claime nothing for the worthines of the person whiche God forbid should be any thing preiudiciall to the iuste title of others Yf most open and manifeste right iustice and title do not concurre with the worthines of the person then let the praise and worthines remaine where it is and the right where God and the lawe hath placed it But seing God Nature and the law doth call the person to this expectation whose interest and claime I do now prosequute I meane the right excellēt Ladie Ladie Marie Queene of Scotlande I hope that when her right and iuste title shal be throughly heard and cōsidered by the indifferent Reader if he be persuaded already for her right he shal be more firmely setled in his true and good opinion and that the other parties being of a contrarie minde shall finde good causes and groundes to remoue them from the fame and to geue ouer and yelde to the truthe Her Graces Title then as it is moste open and euidente so it is moste conformable to the lawe of God of Nature and of this Realme And cōsequently in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Roial blood She is a Kinges and a Queenes daughter her selfe a Queene daughter to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to our late Soueraigne Kyng Henrie the Eight Whose daughter also the Ladie Lenoux is but by a later husbande the Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Elenour late wife to the Earle of Cumberlande and their Progenie proceedeth from the Ladie Marie Dowager of France yongest Sister of the said King Henrie late wife to Charles Brandon Duke of Suffolke I might here fetche foorth olde farne dayes I might reache backe to the noble and worthie Kinges long before the Conquest of whose Roial blood she is descended Whiche is no parte of our purpose neither doth enforce her Title more then to prooue her no stranger within this Realme But the Argumentes and prouffes which we meane to alleage and bring forth for the confirmation of her right and Title in Succession as Heire apparent to the Croune of England are gathered and groūded vpon the lawes of God and nature and not only receaued in the Ciuill policies of other nations but also in the olde lawes and Customes of our owne Countrey by reason approued and by vsage and long continuance of time obserued from the first constitution of this Realme in politicall order vnto this present day And yet for al that hath it bene and yet is by some men attempted artificially to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the said iust title the which they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And albe it it were inough for vs our cause being so firmely and suerly establisshed vppon al
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
Letters Patents of King Edward the sixt and with the coÌ„sent of such as they had procured Which King by law had no autoritie as it is notorious to make any limitatioÌ„ and assignation of the Croune otherwise then the commoÌ„ law doth dispose it It was neede for them I say as they procured suche Letters Patentes so to haue set forth also the said pretensed Wil if ther had ben then any such Wil in deede sufficiently and dewly to be proued as is now surmised there was The Recorde of the said surmised Wil was in the ChaÌ„cerie which they might haue vsed with the pretensed witnesses and with the original preteÌ„sed Wil and with al other things therto beloÌ„ging to their best aduantage It can not be thought that either they were ignoraÌ„t of it or that they would forbeare and forgoe so greate a commoditie offered and such a plausible pretext of their preteÌ„sed vsurpatioÌ„ bearing the contenance and authoritie of the Kings Wil and of the whole Parlament for the exclusion of the Quene of Scotland and others of the nerer royal blood Neither can it be said that the Letters Patentes were made as it were for a stroÌ„ger corroboratioÌ„ and coÌ„firmatioÌ„ only of the said pretensed Wil for that there is not so much as one worde in their whole preteÌ„sed proclamation for the supposed right of the said Lady Iane by the force of that surmised Wil whereby it might any thing appeare that king Henry the eight made any manner of limitation or assignation of the Croune to the heires of the Lady Francis. Wherevpon it may wel be gathered that either they knew of no suche limitation to the children of the Lady Francis by the said supposed Wil or toke it to be such as could geue no good and lawful force and streÌ„gth to ayde and mainteine their vsurpation for the manifest forgerie of the same And therfore they purposely for ignorance can not be pretended in them kepte backe and suppressed in the said Letters Patentes this pretensed limitation surmised to be made for the childreÌ„ of the said Lady Francis. Which neuerthelesse the Aduersaries do now with so great and vehement asseueration blowe into al mens cares which is vtterly reiected and ouerthroweÌ„ and it were by nothing els but by this Proclamation for the pretensed Title of the said Lady Iane. So that we nede to trauaile no farther for any more proufe against the said asseueration But yet in ease any man do loke for any other and more persuasioÌ„ and proufe which as I said neede not ô the great prouideÌ„ce of God ô his great fauour and goodnes to this Realme of the which it hath bene said Regnum Angliae est regnum Det and that God hath euer had a special care of it ô his great goodnes I say to this Realme euen in this cafe also For he hath opened and brought to light the very truth of the matter which is burst out though neuer so craftily suppressed and kept vnder We say then that the King neuer signed the pretensed Will with his owne hande neither do we say it by bare hearsay or gather it by our former coniectures and presumptions only though very effectual and probable but by good and hable witnesses that auouche and iustifie of their owne certaine knowledge that the Stampe onely was put to the said Will and that euen when the King him selfe was now dead or dying and past al remeÌ„brance The Lorde Paget being one of the priuie Counsaile with Queene Marie of his owne freewil and godly motion for the honour of the Realme for reuerence of truth and iustice though in the facte him selfe culpable and in a manner thereto by great authoritie forced did first of al men disclose the matter first to the said Counsaile and then before the whole Parlament Sir Edward MouÌ„tegue also the chief Iustice that was priuie and present at the saide doinges did confesse the same as wel before the Counsaile as before the ParlameÌ„t Yea William Clarke ascribed among other preteÌ„sed witnesses coÌ„fessed the premisses to be true And that him self put the stampe to the said Wil and afterward purchased his Charter of pardon for the said fact Vpon the which depositions wel and aduisedly weied and pondered Queene Marie with the aduise of her Counsaile to the honour of God and this Realm to the maintenance of trueth and iustice and the rightful succession of the Croune for the eschewing of many foule mischieffes that might vpon this forgerie ensue caused the Recorde of the said forged Wil remaining in the Chancerie to be be cancelled defaced and abolished as not worthy to remaine among the true and sincere Recordes of this noble Realme Which her noble fact deserueth iÌ„mortalitie of eternal prayse and fame no lesse then the fact of the Romaines that abolished the name and memorie of the Tarquinians for the foule act of Sextus Tarquinius in defiling Lucretia No lesse then the fact of the Ephesians who made a lawe that the name of the wicked Herostratus should neuer be recorded in the bookes of any their Historiographers No lesse then the fact of the familie of the Manlians at Rome taking a soleÌ„ne othe that none amoÌ„g them should euer be called Capitolinus by cause M. Manlius Capitolinus had sought to oppresse his CouÌ„trey with tyraÌ„nie And to come nerer home no lesse then our forefathers deserued whiche quite rased out of the yeares and times the memorie and name of the wicked Apostates Osricus and Eanfridus numbring their time vnder the reigne of the good king Oswald The Aduersaries therefore are much to be blamed going about to staine and blotte the memorie of the said Quene and Magistrats as though they had done this thing disorderly and as though there had bene some special commoditie therein to them which is apparently false For as the said abolition was nothing beneficial to other Magistrats so if it hadde bene a true and an vndoubted Will the said Queene woulde neuer haue caused it to be cancelled as wel for her honour and conscience sake as for priuate respect seeing her owne royall estate was by the same set foorth and confirmed Yet would they faine blemish and disgrace the testimonie of the said Lorde Paget and S. Edward MouÌ„tigue They set against them eleuen witnesses thinking to matche and ouermatche them with the number But here it muste be remembred that though they be eleueÌ„ yet they are to sleÌ„der and weake for the weight and importance of the matter It is againe to be remembred that often times the lawe doth as wel weigh the credit as number the persons of the witnesses Alias saith Calistratus numerus aliâs dignitas authoritas confirmat rei de qua agitur fidem According to this saith also Arcadius Confirmabit ludex moâ—um animi sui ex argumentis testimoniis quae rei aptiora vero proximiora esse compererit Non enim ad multitudinem respicere