then shal we with our children after vs reape the pleasant fruites of this noble coÌ„iunctioÌ„ wrought thus to our haÌ„des by Gods good and gratious prouidence without expense force or slaughter which hitherto a numbre of our courageous wise and mightie Princes haue this thousand yeares and vpward sought for but in vaine as yet with so excessiue charges with so great paines and with so many and maine Armies and with the blood of so many of their subiectes Then shal we most fortunately see and most gloriously inioye a perfect and entier Monarchy of this I le of Britanie or Albion vnited and incorporated after a most merueilous sort and in the worthie and excelleÌ„t person of a Prince mete and capable of such a monarchie As in whose person by side her worthy noble and princely qualities not only the roial and vnspotted blood of the auncient and noble Kings of ScotlaÌ„d but of the Normans and of th' English Kings withal as wel long before as sitheÌ„ce the CoÌ„quest yea and of the Britaine 's also the most auncient inhabitants and Lords of this Iland do woÌ„derfully and as it were euen for such a notable purpose by the great prouidence of God most happily concurre The euident trueth whereof the said Queenes petigrue doth most plainly and openly set foorth to euery mans sight and eye Then I say may this noble Realme and Iland be called not Albion only but rather Olbion that is fortunate happy and blessed Which happy and blessed coniunction when it chauÌ„ceth if we vnthankfully refuse we refuse our health and welfare and Gods good blessing vpon vs we refuse our dewty to God who sendeth our dewty to the partie whom he sendeth and our dewty to our natiue CouÌ„trey to whom he sendeth such a person to be our Maistresse And such commodities and honour withal comming therby as I haue said to whole AlbioÌ„ as a greater we cannot wishe And finally we shal procure and purchase as much as in vs lieth such disturbance of the common-wealth such vexatioÌ„s troubles and warres as may tende to the vtter subuersion of this Realme from which dangers God of his great and vnspeakable mercie defend and pre serue vs. FINIS Hos tres libros à viris Catholicis ijsque eruditissimis lectos examinatos intellecto ab ijsdem librorum argumento vnà cum editionis necessarijs causis iudicaui meritò edendos esse Actum Louanij 6. Martij 1571. Thomas Gozaeus à Bellomonte sacrae Theologiae Professor authoritate Pontificis librorum approbator Errata Libri secundi Fol. Pa. Lin. Errata Correction 4 2 16 Ad And 10 1 18 vvorlde vvorde 11 2 14 good goodes 28 2 17 Bblach Blanch. 32 1 3 in Chauncerie In the Chauncerie 53 2 16 landes and testamentes laÌ„des and tenemeÌ„tes 58 2 24 laufully neece laufull neece 64 2 5 unto heires unto the heires 66 2 27 be produced be procured 67 1 17 put out vvrongfully Errata Libri tertij 9 1 2 Salomon Salmon 9 1 5 fasly safely 15 2 22 father Constantinus father Constantius MeÌ„ should be rather prone to absolue then to coÌ„demne It is nothing like that the Queene vvould haue sought the destruction of the Lord Darley by these meanes vvhen she might haue opeÌ„ly put him to death by Iustice The Q. contrary to minde of her Nobles came into England The Q. enemies lay to her discord vvith the Lorde Darley vvhereof they vvere the authours The Q. vvas fully reconciled to the L. Darley before his death The adueriaties charge the Q vvith their ovvne vvicked deuises The Q. moued by them to make a diuorse vvith the L. Darley The accusation touching letters lent by her to the Earle Bothevvel The vnlikely tale of the Earle Both vvelles letters surmised to be sent to Master Balfoure In case the suâ—mised letters vvere sent by the Q they can make no good prouf against her L. sin e dâ— Probat What exquisite proufes be re quired in criminal causes The surmi sed letters neither haue superscriptioÌ„ of the vvriter nor subscription neitherany date neither signed nor sealed and the beater neuer knovveÌ„ He that vvas the surmised bearer at his death denied the same An easy thing to couÌ„terfeit a mans hande These letters vvere fained and contriued by the Queenes Aduersaries An ansvver to the Aduersaries obiectioÌ„s that the Queene did not mourne the death of the L. Darley L. Liberor ff de his qui notantur inf The consideration mouing â–ª or rather forcing the Quene to this pretensed mâ— riage The Aduersaries declaratioÌ„ before the Commissioners of England The causes that the Rebelles pretended at the beginning Ansvvere to the first The Lord Grange promised vpoÌ„ his knees obedience in al the Rebelles names The Q. imprisoned at LochleueÌ„ The Q. thretned to be â—id avvay if she vvould not renouÌ„ce her Croune The ansvvere to the secoÌ„d The Quenes ene mies dimissed the Earle Both vvel vvheÌ„ thei might haue takeÌ„ him The Quenes enemies bouÌ„d by their haud vvriting to obey the Eâ—le Bothvvel if he matied the Q. An ansvvere to the third The PriÌ„ce if he vvere at age vvold not like the enâ—mies doinges against his mother He vvas vnlavvfully crouned Why the confirmation of the Rebelles doinges made by an acte of Parlament is nothing vvorth The incoÌ„stancy of the Queenes enemies first preteÌ„ding before the Counsaile of EnglaÌ„d her voluntary dimission of the Croune and after vvard that she vvas deposed A strange doctrine of Maister knoxe against vvo mans Gouernment The Quenes enemies fondly triumph of their victory against her true subiectes In case the Queene vvere culpable yet are her enemies procedigs vnlavvful It is not inough to do a good thing vnlesse it be vvel done The lavv geueth exceptions to the Defendant against the Iudges the Accusers and vvitnesses C. Qui accusat non po L. Iniquum l. fin L. qui accusat ff de accusa A good argument that the Queene by coÌ„pulsion dimissed the Croune The Duke Robert of Scotland ExceptioÌ„s most iust against the Queenes accusers 〈…〉 ly against the Earle of Murray The great benefits emploied by the Q. vpon the said Earle He vvent about to entaile the Croune of the Realm to him self and the Stevvardes His tebellâ—â— against the Qâ—ene His coÌ„spiracy vvith them that slevve the Secretatie Dauid A charged pistilet set to the Queenes belly The Q. by her industrie coÌ„ueied her selfe avvay vvith the L. Darley The cause vvhy the Earle Murray hated the Lorde Darley The cause vvhy the Enemies did impute the slaughter to the Q. The vvorking of Murray in the time of his absence Murray and MortoÌ„ the heades of the coÌ„spiracy against the L. Darley 2. Machab. 3. 4. Hect Boet. Lib. 11. The Earle of Murray resembled to Dunvvaldus that procured the slaughter of King Duffus in Scotland Idem li. 16. The like paâ—te plaid by Duke Robert in Scotland The Earle Murray aÌ„d his felovves being driuen froÌ„ al other shiftes at leÌ„gth laied to their Quene
and seke as many fine fetches as ye list ye neuer shall shift it of with honestie nor wel ridde your handes thereof Whereof I for my part do take my selfe ful assured and therefore do thinke it a nedelesse discourse for me to make any further descant vpon suche an vnpleasant iarring and vntuneable plaine song of your owne setting and making and am right wel contented that ye do make as gaye glosing comments and interpretations as ye list and as your cunning and skil wil serue you to these your owne shameful vntrue textes But now weigh and consider with your selues I hartily pray you and see whether that al your legerdemaine and close conueiances in your false play aswel touching and concerning your fit iugling boxe as al your other like trickes and cunning illusions be not fully espied and plainely and openly inough laied out to eche mans eye to behold and vew And as touching your said iugling boxe you haue ben very fouly and merueâ—lously ouersene in the close and cleane conueiaÌ„ce of your fingers for that a man more then halfe blinde may perfectly see and perceaue your foule play foras much as the very selfe said Doughleish whom amoÌ„g other ye executed and ridde out of the way hath said and sufficieÌ„tly declared for the Quenes innocencie Nay nay perhaps you wil say although our letters although our dead witnesses and although our other matters faile vs yet we hope that the litle faint mourning she made for his death the acquital of the Earle and her preteÌ„ded mariage with him wil help your cause and geue testimony against her And why so I pray you Was not his body enbalmed inseared and interred bysides the Queenes father the late King Iames accoÌ„panied with Iustice Clerke the Lorde of Traquarre and with diuers other GentlemeÌ„ The ceremonies in deede were the fewer bycause that the greatest parte of the Counsaile were Protestantes and had before enterred their owne parentes without accustomed solennities of ceremonies Neither is there any suche order or custome as ye pretende and make your reckning of for the reseruation of the corps forty dayes nor any such obseruation was kept and vsed about the corps of the very father of the Prince neither yet was there any such order taken or appointed by the Counsaile for the enterring of the said Lord Darleyes bodie in such sorte as ye notifie but euen directly to the coÌ„trary Yea ye are as litle able to proue that there hath ben any such customarie solemnitie obserued of so straight and strange a mourning as ye most seuerely would restraine and bind the Queene vnto as ye be able to proue the residue of the premisses But in case ye could wel iustifie some such vsual order yet shal ye neuer be able to shew that it doth extend and apperteine to suche kinde of Queenes as she is For they mourne their husbands who were Kings her Grace mourneth after an other sort she a Prince her husbande a priuate man and a subiect They as women most coÌ„monly do take their honour and chief dignitie of their husbandes Her husbandes encrease of aduancement came by his matching with her â–ª And further women by the Ciuil law are in diuers cases discharged and excused for their omitting thereof and forbearing their so doing And yet did this good gentle Lady bemone euen suche a one a notable time enioying and vsing none other then candle light as was knowen to al the Nobilitie of Scotland and also to one M. Henrie Killigraie who was sent thither from Englande to her comfort according to the vse and maâ—er of Princes Who had a longer time in this lameÌ„ting wise coÌ„tinued had she not ben moste earnestly dehorted by the vehement exhortatioÌ„s and persuasioÌ„s of her CouÌ„saile who were moued therto by her Physitians informatioÌ„s declaring to them the great and immineÌ„t daÌ„gers of her health and life if she did not in al spede breake vp and leaue that kind of close and solitarie life and repaire to some good opeÌ„ and holsome aire which she did being this aduised and earnestly thereto solicited by her said CouÌ„saile Al which yet not withstanding this her fact is with these most seuere and graue Censors takeÌ„ for and reputed as the very next sin of al to the most greuous sinne against the holy Ghoste But ô good pitiful men who for the very tender loue and singuler affection which you did euer beare to the L. Darley the which truly was so vehemeÌ„t that for your exceding hot and ferueÌ„t loue towards him ye euer sought his harts blood do now so pitifully bewaile him But if she had by reason of the closenes of the aire and somewhat loÌ„ger coÌ„tinuaÌ„ce in her mourning place and in her desolate and doleful estate accelerated her owne death withal then had she by the Earle Murrareâ— and his adherents gostly iudgements mourned like a good honest wife and to their best coÌ„tentation it being the right way and readiest meanes to haue conueied and brought the said Earle to that place where vnto he so long and so greedily aspired and the which now at the length he hath atchie ued and atteined As for the residue of their saynges 〈◊〉 there be any fault in the Queene it surely falleth dubble and treble vpon these A chitophelles And the good innoceÌ„t Lady whâ— hath bene so wretchedly and so vnworthely by them abused and circumuented is moâ— to be pitied then to be blamed The Earl Bothwel was acquited by his Peeres according to the common and ordinarie tradâ— and maner in suche cases vsually obserued These vnnatural and disloyal subiects thesâ— most shameful craftie colluders her Aduer saries and accusers I meane the Earle MortoÌ„ the Lord Simple the Lord Lindzay with their adherents and affinitie especially procured and with al diligence laboured hiâ— purgation and acquital which was afterward confirmed by the three Estates by Acte of Parlament These these I say whereof some are now the vehement and hotte fault finders and most earnest reprouers and blamers of the said preteÌ„ded Mariage were then the principal inuenters practisers persuaders and compassers of the same They procured a great part of the Nobilitie to solicite the Queene to couple her selfe in mariage with the said Earle as with a man most fitte apt and mete for her present estate and case First alleaging the dangerous worlde and oft inculcating into her minde and remembrance the present perilous time and dealinges of menne whiche the better to preuent and more surely to withstande by their counsel and persuadings induced her and by other their crafty doinges as it were enforced and constrained her to take a husband to be her comforter her assister her buckler and her shilde to defend her against al her whatsoeuer Aduersaries If she would be contented so to doe they promised him seruice and to the Queene loyal obedience Yea many of them bound them selues to the said Earle by their owne hande writing to assist mainteine
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
euidently tende to this ende and scope if a zealous minde to the common Wealth if prudence and wisdome did not rule and measure al these doinges but contrariewise partial affection and displeasure if this arbitrement putteth not away al contentions and striffes if the mind and purpose of the honorable Parlament be not satisfied if there be dishonorable deuises and assignmentes of the Croune in this Wil and Testament if there be a new Succession vnnaturally deuised finally if this be not a Testament and last Wil such as Modestinus defineth Testamentum est tusta voluntatus nostra sententia de eo quod quis post mortem suam fieti velit then though the Kinges hand were put to it the matter goeth not altogether so wel and so smothe But that there is good and great cause farther to consider and debate vpon it whether it be so or no let the indifferent when they haue wel thought vpon it iudge accordingly The Aduersaries them selues can not altogether denie but that this Testament is not correspondent to such expectation as men worthely should haue of it Whiche thing they do plainly confesse For in vrging their presumptions whereof we haue spokē and minding to proue that this wil whiche they say is commonly called King Henries Wil was no new Wil deuised in his sicknes but euen the very same wherof as they say were diuers olde copies they inferre these wordes saying thus For if it be a newe Wil then deuised who could thinke that either him selfe would or any man durst haue moued him to put therin so many thinges contrary to his honour Much lesse durst they themselues deuise any new successiō or moue him to alter it otherwise then they foūd it when they saw that naturally it could not be otherwise disposed Wherein they say very truely For it is certaine that not only the common lawe of this Realme but nature it selfe telleth vs that the Queene of Scotlād after the said Kinges children is the next and rightful Heire of the Croune Wherefore the King if he had excluded her he had done an vnnatural acte Ye wil say he had some cause to doo this by reason she was a forainer and borne out of the Realm Yet this notwithstanding he did very vnnaturally yea vnaduisedly inconsideratly and wrongfully and to the great preiudice and danger of his owne Title to the Croune of France as we haue already declared And moreouer it is wel to be weighed that reason and equitie and Ius Gentium doth require and craue that as the Kings of this Realme would thinke them selues to be iniuriously handled and openly wronged if they mariyng with the heires of Spaine Scotland or any other Countrey where the succession of the Croune deuolueth to the woman were shutte out and barred from theyr said right dewe to them by the wiues as we haue said so likewise they ought to thinke of women of their royal blood that marie in Scotland that they may wel iudge and take them selues much iniured vnnaturally and wrongfully dealt withall to be thruste from the succession of this Croune being thereto called by the nexte proximitie of the royal blood And such deuolutiōs of other Kingdoms to the Croune of England by foraine mariage might by possibilitie often times haue chaunced and was euen nowe in this our time very like to haue chanced for Scotland if the intended mariage with the Queene of Scotland that now is and the late King Edward the sixt with his longer life and some issue had takē place But now that she is no suche forainer as is not capable of the Croune we haue at large already discussed Yea I wil now say farther that supposing the Parlament minded to exclude her and might rightfully so doe and that the King by vertue of this statute did exclude her in his supposed Wil yet is she not a plaine forainer and incapable of the Croune For if the lawfull heires of the said Ladie Francis and of the Ladie Elenour should happē to faile which seeme now to faile at the least in the Ladie Katherin and her issue for whose title great sturre hath lately ben made by reason of a late sentence definitiue geuen against her pretensed mariage with the Earle of Herford then is there no stay or stoppe either by the Parlament or by the supposed Will but that she the said Queene of Scotlande and her Heires may haue and obteine their iust Title and claime For by the said pretensed Wil it is limited that for default of the lawfull Heyres of the said Ladre Francis and Elenour the Croune shall remaine and come to the next rightful Heires But if she shal be said to be a forainer for the time for the induction of farther argument then what saye the Aduersaries to my Ladie Leneux borne at Herbottel in England and from thirtene yeares of age brought vppe also in England and commonly taken and reputed as well of the King and Nobilitie as of other the lawefully Neece of the said King Yea to turne nowe to the other Sister of the King maried to Charles Brandon Duke of Suffolke and her children the Ladie Francis and the Ladie Elenour why are they also disherited Surely if there be no iust cause neither in the Lady Leneux nor in the other it seemeth the King hath made a plaine Donatiue of the Croune Whiche thinge whether he could doe or whether it be conformable to the expectation of the Parlament or for the Kinges honour or for the honour for the Realme I leaue it to the farther consideration of other Nowe what causes should moue the Kinge to shutte them out by his pretensed Will from the Title of the Croune I minde not nor neede not especially seeing I take no notice of any such Wil touching the limitation of the said Croune here to to prosecute or examine Yet am I not ignorant what impedimentes many doo talke of and some as well by printed as vnprinted Bookes doe write of Wherein I will not take vppon me any asseueration any resolution or iudgement Thus only will I propound as it were by the way of consideration duely and depely to be wayed and thought vpon that is for as muche as the benefitte of this surmised Wil tendeth to the extrusion of the Queene of Scotland and others altogether to the issue of the French Queene whether in case the King had no cause to be offended with his sisters the Frenche Queenes children as the Aduersaries them selues confesse he had not and that there was no lawful impediment in them to take the succession of the Croune it were any thing reasonable or euer was once meant of the Parlament that the King without cause should disherite and exclude them from the Title of the Croune On th' other side if ther were any such impediment whereof this surmised Wil geueth out a great suspicion it is to be considered whether it standeth with reason and iustice with the honour of the King and the
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
CONCERNING THE DEFENCE OF THE HONOVR OF THE RIGHT HIGH MIGHTIE AND NOBLE PRINcesse Marie Queene of Scotland and Douager of France with a Declaration as wel of her Right Title and Interest to the Succession of the Croune of England as that the Regiment of women is conformable to the lawe of God and Nature Made by Morgan Philippes Bachelar of Diuinitie An. 1570. LEODII Apud Gualterum Morberium 1571. A DEFENCE OF THE HONOVR OF THE RIGHT HIGH RIGHT MIGHTIE and Noble Princesse Marie Queene of Scotlande and Douager of France The First Booke IT were to be wished that as God and nature haue most decently ordinately and prouidentely furnished and adorned manne with two eies two eares and but with one mouth and one tongue wonderfully bridled and kept in with the lippes and the teeth so men would consider the cause of it and the great prouidence of God therein and after due coÌ„sideration vse them selues accordingly Then should we sone learne and practise a good lesson to heare and see many thinges and yet not to runne headlong nor rudely and rashly to talke of al we heare and see but to talke within a compasse and to referre al our talke to a temperance and sobrietie and to a knowen tried trueth especially where the said talke may sound to the blemishing and disgracing of any mans good name and estimation But now a daies the more pitie there is nothing almost but that as sone as it is perceaued by the eye or the eare must furthwith be lasshed out againe by the mouth suche a superfluous and curious itching we haue dissolutely and vnaduisely to talke of al matters though they tende to the great hinderance and infamie of many of our bretherne and though we be nothing assured of the certaine trewth of the matter yea without respecte to priuate or publique persons Of such vnbrideled talke no man or woman in our daies hath as I suppose more iuste cause to complaine then the right Excellent Princesse Ladie Marie Queene of Scotland whose honour many haue gone about to blotte and deface in charging her moste falsly and vniustly with the death of her late husbande the Lorde Darley For the defence and mainteining of whose innocencie in this behalfe we intend to lay forth before the gentle Reader the most chief and principal reasons grouÌ„ds and arguments whervpon the Patrones the Inuentors and workers of al these mischieuouse and diuelish driftes grounded themselues and all their outragious doomges And then consequently to infringe and repulse the same For to rehearse answere to and repell all their assertions and obiections it would require a very long tediouse and a superfluouse Discourse in as muche as these iolie gaie oratours measuring their dooinges more by number of false obiections then by true substantial and pitthy matter to make a goodly florish and a trim shewe to face out and countenance their craftie Iuglinges and to couer their disordered dealings therewithal haue raked vp and heaped together one vpon another against their good Maistres and Souereigne Queene no smal number of slanderous Articles But in al this rablement in al this raking and racking what thing els do they but vtter and disclose their owne spiteful malice and malicious spite to the discrediting of their cause and them selues also Euen as the accusers of Aristophanes among the Athenienses did by whome he being ninetie and fiue times greeuously accused was yet euery time by the Iudges cleared and found guiltlesse as I do no whit doubt but that this good innoceÌ„t Ladie wil be by the verdit and sentence of al indifferent men ridde and vnburdened in like maner of al maner of suspicion that these reprocheful men woulde by their malice and ambition bring her into by thier willes with al the worlde For as goodly and as greate a muster as they make two partes of their slaunderous accusation are manifest false and opeÌ„ vntruethes and foule forged lies The residue thereof though in some part they beare trueth and be nothing preiudicial to the Queene in this matter yet they are ful calumniously and meruelous maliciously depraued drawen and wrested to the worst The effect and drifte of the whole tendeth to this that first they would we should beleeue that after her mariage her minde was as it were alienated from her husband Secondly they pretende certaine letters that they surmise and would haue to haue bene written by her Grace wherby they seeke to inferre against her many a presumption as their wily braines imagine But the moste weighty of them al seemeth to them to be her pretensed Mariage whereof we wil lastly entreate And yet though they haue done their worste though they haue cast out al their spite and malice against her they neuer haue bene able by any direct and lawful meanes to prooue any thing at al wherby they may staine her Graces honour in any one of the foresaid points Had they brought forth any such necessarily concluding illation we had not atteÌ„pted this Defence in her behalfe but would haue yelded and geuen place to an open knowen trewth But seeing that the best matter they haue to supporte their doings withal is nothing else but presumptions and surmises which yet are not of the surest and moste probable forte neither suche as are presumptions Iuris de Iureâ— contra quas non admittitur probatio seeing also that we ought alwaies in criminal causes chiefly when a Prince is touched who is Gods annointed to be more procliue and prone to fauour then to hatred to be readier to absolue and release then to deteine and condemne and that it is farre better and a more sure and more indifferent and vpright way to saue the guilties life then to condeÌ„ne and cast away the innoceÌ„t I trust and am in an assured hope that al the indifferent Readers hereof this being the cause and woful aduersity of a PriÌ„ce wheras the like estate of Princes ought and is wont to moue and sturre al honest harted men to commiseration and pitie and to do their indeuour to the redresse and reformation of suche wrong and oppression done wil with indifferencie and without all partialitie weigh and coÌ„sider the allegatioÌ„s of the one and the other side and iudge of the matter as it falleth out accordingly Which is the very thing we most desire And seeing the Aduersaries throughout al their cause wander by ghesses and vncertaine presumptions let vs also as I may say abuse a litle parte of our Defence What â—y I abuse perchance truely if we had no better or they any good matter at al nay rather vse them accordingly for the more ample and better trial and iustification of our cause We as ke theÌ„ then why the better and the stronger presumptions should not frustrate auoide and set backe the weaker and the worse This sexe naturally abhorreth such butcherly practises Surely rare it is to heare such foule practises in women And may we find in our harts
princeâ— qualities resplendent in her with maâ— whereof she is much adorned and singuleâ—ly endued that they haue in most earneâ— wise solicited and entreated that she mighâ— be restored againe to her honour anâ— Croune They haue moued the said Quenâ— of Scotland also that it may please her to accept and like of the most noblest man of all England betwene whome and her there might be a mariage concluded to the quieting and comforte of both the Realmes of England and Scotland Finally the noblemen of this our Realme acknowledge and accept her for the very true and right heire apparent of this Realm of England being fully minded and alwaies ready when God shal so dispose to receaue and serue her as their vndoubted Queene Maistresse and Souereigne whereby it may easely appeare howe wel they like of her cause that had the hearing and trial of the same although they neuer as yet came in her presence These things now and many other which for the eschuing of prolixitie we forbeare to enlarge our Treatise with may be alleaged for the defence of the Queenes integritie and for the vprightnes of her cause the whiche I would wishe you the Earles Murray and Murton with your allied confederats before al other most depely and bytimes to weigh and consider accordingly as thâ— weight and greatnes of the cause as your owne safety with the welth and honor of your owne natiue Countrey do require I am not ignorant that the matter is gone very farre with you and that many impedimentes doe concurre to withdraw you to seeke that remedy for reformation of things past which is the best and the only remedy But surely when ye haue fully weighed al thinges on euery side accordingly ye shall finde no sure and sound remedie but in making a true a sincere and an vnfained huÌ„ble submission to your gratious Queene whom ye haue so greeuously offended and molested Let not the greatnes or number of your treasons wrought against both your Quene and CouÌ„trey let not any vaine false imagined opinioÌ„ either of the shame of the world or of your vtter ouerthrowe by reason of suche fond presumption of your present high estate of your great power force and strength let no vaine expectation of external succours stay or stop you from so necessarie a duetie and so commendable before God and the worlde Ye best knowe that among al the Princely ornamentes and vertues of your Queene her mercy and clemeÌ„cy are singuler and peerlesse She seemeth well to haue learned that lesson of the Gospel If thy brother doe offend thee forgeue him not onely seauen times but seanenty times seauen times She will not onely forgeue but forget also She neither is ignorant in what state her Realme standeth in nor that extreme seueritie from the which she naturally abhorreth is not of al other times now against suche as wil imbrace mercie offered to them to be shewed and practised She wil rather like the lawe of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 obliuion and forgetfulnes so much of the Writers commended The great benefite wherof ye haue so often and so abundantly receaued at her handes And therfore ye neede the lesse to feare the discontinuance of your high and honourable estate and condition As for shame it standeth in the euil doing it self and not in the amending and reforming of il deedes which amendement and reformation if ye earnestly and truely mind it wil be to the great contentation of your most gratious Queene and of al her louing subiects And in so doing you shal both highly auaunce your honourable estate and estimation and make her a good amends for that which is past and can not be reuoked But on the other side if ye geue ouer and refuse this occasion now present and go forward with your rebellious enterprises and attempts minding to abide and trie the vttermoste ye must wilfully cut away and exclude from your selfe al good hope of mercie and pardoÌ„ and take a wrong way for your owne saftie and preseruation For your cause is naught and so ye well know it to be And therfore can ye not loke to haue and obteine a good prosperous successe and ende thereof Wel ye may as hitherto ye haue done tosse turmoile and tumble al thinges vpside dounewards for a while but be ye assured that Gods hande wil fal and light the heuier and with a greater paise vpon you at the length therefore It is easy to be seen by the course of all times aswel by your owne very Stories at home as by the Chronicles of all other Nations abrode to what ende commonly such seditious conspiracies and treasons do come to that is to the vtter ouerthrow and confusion for euer of those persons that worke attempt practise and mainteine the same They seeme for a while to beare great sway and al the world for a while to runne with them but in the ende they faile and are cleane geuen ouer What meruaile were it if a house should not long continue that is builded but vpon a yelding sandy grounde Ye haue builded and founded al your doinges vpon vntrue and lying slauÌ„ders and treacherous treasons against your dread Souereigne The sincere veritie whereof we haue herein truely declared The which being once throughly detected and euidently knowen to such as ye haue in Scotland craftily abused and shamefully circumuented as surely it daily bursteth out more and more ye shal see your selues sodenly leaft naked and quite forsaken euen of those who haue bene your greatest assisters aiders and furtherers For as the old prouerbe is Trueth is the daughter of time And as ye shal be leaft alone at home so can ye not looke for maintenance and vpbearing of foraine Prinâ—es They wil not defile them selues and their honourable vocation with helping so foule a cause and so dangerous and perilous a matter that may tende to the molestation and hurt not only of their owne state but of the states of all Kinges Christened Nay ye must rather thinke that otheâ— Princes wil iudge and take it to touch theâ— to nigh to suffer such a vilanie to passe anâ— escape vnreuenged and so good a Ladie tâ— be left destitute and desolate The Emperouâ— wil not beare it France wil not beare iâ— Spaine wil not beare it And especially England with her worthy Nobilitie wil noâ— beare or suffer such outragious dealinges against their next louiÌ„g neighbour yea againâ—â— the heire appareÌ„t of this most noble Realmeâ— albe it that ye with your surmised lyes the better to mainteine your vsurped and new erected Kingdome put others in feare oâ— their owne state in case the said innocent Queene should be restored to her Croune againe FINIS the teares of an english hart And his soden arryuall here with all the maner and circumstances thereof would yeelde nevve argumeÌ„ts of an other much loÌ„ger discourse For first his coÌ„ming hither as it vver in a maske bewraies a strange melancholik
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
the weight and importaÌ„ce of such a matter to reste vpon the validitie or mualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare Wil and seâ—tament Ye shal now heare also why we think he did neuer attempt or enterprise any such thing It is wel knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of al Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse ful and sufficient prouse necessarily enforce creditte that the King to his no present coÌ„moditie and aduantage but yet to his great dishonour and to the great obloquie of his subiectes and other Countries to the notable disherison of so many the next royal blood did vse any such authoritie as is surmised Againe if he had made any such assignation who doubteth but that as he conditioned in the said pretensed Wil with his noble daughters to marie with his CouÌ„sels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Elenours heirs to the same condition Farthermore I am driuen to thinke that ther passed no such limitatioÌ„ by the said king Henries wil by reason there is not nor was these many yeares any original copy therof nor any autheÌ„tical Record in the ChaÌ„cerie or els wher to be shewed in al EnglaÌ„d as the Aduersaries theÌ„selues confesse and in the copies that be spread abrode the witnesses preteÌ„ded to be present at the signing of the said Wil be such for the meanesse of their state on the one side and for the greatnesse and weight of the cause on th' other side as seme not the most sufficient for suche a case The importance of the cause being no lesse then the disherision of so many heires of the Croune as wel from the one sister as froÌ„ the other required and craued some one or other of the priuie CouÌ„saile or some one honorable and notable person to haue ben present at the said signing or that some notificatioÌ„ should haue ben made afterward to such persons by the King him selfe or at least before some Notarie and autheÌ„tical person for the better strengthening of the said Wil. Here is now farther to be coÌ„sidered that seing the interest to the Croune is become a plaine testamentarie matter and claime and dependeth vpon a last Wil when and before what Ordinarie this Wil was exhibited al lowed and prooued Where and of whome toke the Executours their othe for the true performaÌ„ce of the Wil Who coÌ„mitted to theÌ„ th'administratioÌ„ of the Kings goods and chattles When and to whome haue they brought in the InueÌ„tory of the same Who examined the witnesses vpon their othe for the tenour and trueth of the said TestameÌ„t Namely vpon the signement of the Kinges hand wherein only consisteth the weight of no lesse then of the Croune it self where or in what spiritual or temporal Courte may one find their depositions But it were a very hard thing to finde that that as farre as men can learne neuer was And yet if the matter were so plaine so good and so sound as these men beare vs in hand if the original TestameÌ„t had ben such as might haue biddeÌ„ the touchstone the trial the light and the sight of the worlde why did not they that enioyed most commoditie therby and for the sway and authorite they bare might and ought best to haue done it take coÌ„uenient and sure order that th' original might hane ben duely and safely preserued or at the least the ordinarie Probate which is in euery poore mans Testament diligeÌ„tly obserued might haue ben procured or sene one or other auteÌ„tical InstrumeÌ„t therof reserued The Aduersaries theÌ„selues see wel inough yea and are faine to coÌ„fesse these defectes But to helpe this mischief they wold fame haue the EnrolmeÌ„t in the Chancerie to be taken for a sufficient Probate by cause as they say both the spiritual and temporal authoritie did concurre in the Kings person Yet do they know wel inough that this plaister wil not cure the sore and that this is but a poore helpe and a shift For neither the Letters Patents nor th'EnrolmeÌ„t may in any wise be counted a sufficient Probate The ChaÌ„cerie is not the Court or ordinarie place for the probate of Willes nor the Rolles for recording the same Both must be done in the Spiritual Courts where th'Executours also must be impleaded and geue their accompt where the weakenes or strength of the Wil must be tried the witnesses examined finally the probate and al other thinges thereto requisite dispatched Or if it may be done by any other person yet must his authoritie be shewed The probate and al thinges must be done accordingly And among other things the vsual clause of Saluo iure cuiuscunque must not be omitted Which things I am assured the recording in the ChaÌ„cerie caÌ„not import But this caution and prouiso of Saluo iure cuiuscunque which is most coÌ„formable to al law and reason did litle serue some mens turne And therefore there was one other caution and prouiso that though the poorest mans TestameÌ„t in al England hath this prouiso at the probate of the same yet for this Testament the weightiest I trow that euer was made in England no suche probate or clause can be found either in the one or the other court Yet we nedes must al this notwithstanding be borne in hande and borne doune that there was a TestameÌ„t and Wil formably framed according to the purpose and effect of the statute yet must the right of th' imperial Croune of EnglaÌ„d be coÌ„ueied and caried away with the color and shadow only of a Wil. I say the shadow only by reason of another coniecture and presumptioÌ„ whiche I shal tel you of Whiche is so liuely and effectual that I verily suppose it wil be very harde for any man by any good and probable reason to answere and auoide the same And is so important and vehemeÌ„t that this only might seeme vtterly to destroie al the Aduersaries coniectural prouffes coÌ„cerning the maintenance of this supposed Wil. We say therfore and affirme that in case there had ben any good and sure helpe and handfast to take and hold the Croune for the heirs of Lady Francis by the said Wil that the faction that vniustly intruded the Lady Iane eldest daughter to the said Lady FraÌ„cis to the possession of the Croune would neuer haue omitted to take receaue and imbrace the occasioÌ„ and benefit therof to them presently offered They neither would nor could haue ben driuen to so harde and bare a shifte as to colour their vsurpation against the Late Queene Marie only and her Sister Elizabeth with the
oportet sed ad sinceram testimoniorum fidem testimonia quibus potius lux veritatis assistit It hath not lightly bene heard or sene that men of suche state and vocation in so great and weightie a cause would incurre first the displeasure of God then of their Prince and of some other of the best sorte if their depositions were vntrue and would purchase them selues dishonour slaunder and infamie yea disclose their owne shame to their owne no manner of way hoped cōmoditie nor to the commoditie of other their frendes or discommoditie and hurte of their enemies This sufficiently doth purge them I wil not say of their fact and fault from al sinister suspicion for this their deposition and testimonie their deposition proceding as it plainly seemeth from no affection corruption or partialitie but from a zeale to the trueth and to the honour of the Realme And though perchance if they had bene thereof iudicially conuicted and condemned and had not by dew penance themselues reformed some exceptiōs might haue bene layed against them by any partie iudicially cōuented for his better aduantage yet as the case standeth nowe there is no cause in the worlde to discredit their testimonie yea and by the way of accusation also such persons as be otherwise dishabled are in treason and other publike matters touching the state enhabled both to accuse and testifie As for the eleuen witnesses the beste of of them Sir Iohn Gates we know by what meanes he is departed out of this life One other the said William Clarke is so gone from them that he geueth good cause to misdeeme and mistrust the whole matter Howe many of the residue liue I know not To whom perchaunce some thing might be said if we once knowe what them selues say Which seeing it doth not by authentical recorde appeare bare names of dumme witnesses can in no wise hinder and deface so solemne a testimonie of the foresaid L. Paget and Sir Edwarde Mountague Neither is the difficultie so great as the Aduersaries pretend in prouing Negatiuam facti Which as we graunt it to be true when it standeth within the limites of a mere negatiue so being restrained and referred to time and place may be as wel proued as the affirmatiue It appeareth now then by the premisses that the Aduersaries argumentes whereby they would weaken and discredit the testimonie either of the witnesses or of the executours that haue or may come in against the said pretensed Wil are but of smal force and strength And especially their slender exaggeration by a superficial Rhetorike enforced Whereby they would abvse the ignorance of the people and make them beleue that there was no good and substantial prouffe brought foorth against the forgerie of this supposed Wil by cause the vntrueth of the same was not preached at Poules Crosse and declared in al open places and assembles through the Realme when they knowe wel inough that there was no necessitie so to doe And that it was notoriously knowen by reason it was disclosed by the saide Lorde Paget as wel to the Counsaile as to the higher and lower house of the Parlament And the foresaid forged Recorde in the Chancerie therevpon worthely defaced and abolished The disclosing whereof seing it came foorth by such and in such sort and order as we haue specified as it doth nothing deface or blemish the testimonie geuen against the said supposed Wil whether it were of any of the witnesses or executours so is ther no nede at al why any other witnesses bysides those that haue already impugned the same should be now farther producted I denie not but that if any such witnesse or Exeoutour had vpon his othe before a lawful Iudge deposed of his owne certaine notice and knoweledge that the said Wil was signed with the Kinges owne hande in case he should afterward contrarie and reuoke this his solemne deposition it ought not lightly to be discredited for any suche contradiction afterward happening But as I haue said suche authentical and ordinarie examinations and depositions we find not nor yet heare of any such so passed Now contrariwise if any of the said witnesses or executours haue or shal before a competēt Iudge especially not producted of any partie or against any partie for any priuate suite commenced but as I haue said moued of conscience only and of a zeale to truth and to the honour of God and the Realme freely and voluntarie discouer and detecte such forgerie although perchance it toucheth them selues for some thing done or said of them to the contrary or being called by the said cōpetent Iudge haue or shal declare and testifie any thing against the same this later testimonie may be wel credited by good reason and law Whereas they would nowe inferre that either this pretenfed Will was King Henries Wil or that he made none at al I doo not as I haue said entende nor neede not curiously to examine and discusse this thing as a mater not apperteining to our principal purpose And wel it may be that he made a Wil conteining the whole tenour of this pretensed Wil sauing for the limitation of the Croune and that these supposed witnesses were present either when he subscribed the same with his owne hand or when by his cōmaundment the Stampe of which and of his owne hand the common sort of men make no difference as in dede in diuers other cases there is no difference whiche these witnesses might take to be as it were his owne hand was set to the Wil. This I say might after some sort so be And yet this notwithstāding there might be as there was in deede an other Wil touching the pretēsed limitation of the Croune by the Kinges owne hande counterfeyted and suborned after his death falsly and coulorably bearing the coūtenance of his owne hand and of the pretensed witnesses names How so euer it be it is but to smal purpose to goe about any full and exquisite answere touching this point seeing that neither the original surmised Wil whereof these witnesses are supposed to be priuy is extant nor their depositions any where appeare nor yet that it appeareth that euer they were as we haue said iudicially examined Seeing nowe then that if it so falleth out that the principal Wil and that that was by the great Seale exemplified and in the Chācery recorded had not at least touching the clause of limitation and assignment of the Croune the Kings hand to it we neede not nor wil not tarie about certain scrolles and copies of the said Wil that the Aduersaries pretend to haue ben either writte or signed with his hand A kingdom is to heauy to be so easely caried away by suche scrolles and copies When al this faileth the Aduersaries haue yet one shift left for the last cast They vrge the equitie of the matter and the mind of the Parlament Which is they say accomplished and satisfied by making this assignation for
the death of the Lorde Darley before the Counsaile of EnglaÌ„d The causes vvhy the Earle Murray vvent about asvvel to make avvay the L. Darley as to depose the Queene The Earle Murray de clared the day before that the L Darley should be slaine Diuers assembles of the Earle Murray aÌ„d his adherents to consult vpon the slaughter of the L. Darley Indentures made and subscribed for the execution of the said purpose Diuers excuted in Scotland for the said murther vvhereof none could charge the Queene The Q. in a maÌ„ner miraculously deliuered out of Lochleuen prison The Commissioners appointed in EnglaÌ„d to heare the Quene of ScotlaÌ„d her maters vvel liked of her faid innocency and of her title to the succession of the Cioune An exhortation to the Earles Murray aÌ„d Murton aÌ„d others to reconcile theÌ„selues to the Q. The Q. of ScotlaÌ„d ful of mercy The ende of Rebels euer vnhappy Other Princes vvil not suffer the Quene of Scotland to be iniuried by her subiectes Man only hath the pierogatiue of vvit and reason among al earthlye creatures Men are most bouÌ„d to the preseruation of their CouÌ„trey A great coÌ„moditie to the coÌ„moÌ„ vvealth to knovv the heire appa rente Why all the vvorld almost doth enbrace succession of Princes rather then election Flores histor anno 1057. Richardus Canonicus sanctae Trinit Lond. Flor. histo anno 1190. Polid li. 14 Polid li. 20 The Quene of Scottes is right heire apparent to the Croune of Englande Inst de iust iure §. fin The common lavve of this Realme is rather grounded vpon a general custom then any lavve vvritten In Prologo suo eiusdem li. fo 1. et 2. De dict Ra nulpho GlaÌ„uilla uide Giraldum Cambren in topogra de Wallia Fortescue de lau Leg. Angl. c. 17. â— E. 4.19.33 H. 6.51 Pinsons printe Inst de iure natura geÌ„t ciuil §. ex non script 25. E. 3. The adueâ— sacies case pettineth to subiects only No Maxime of the lavve bindeth the Croune vnles the Croune specially be named Of the Tenante by the curtesy Nor that the landes shal be diuided among the daughters Not the vvife shall haue the third part 5. E. 3. Tit. praerog 21. E. 3.9 28. H. 6. Nor the rule oâ— Possessio fratris c. Nor that the executour shall haue the goods and Chattles of the resâ—atour 7. H. 4. sol 42. Nor that a traitour i vnable to take landes by discente and vvithout pardoÌ„ An ansvvere to the Aduersary making a difference be tvvene Attainder aÌ„d the birth out of the allegeaÌ„ce 22. H. 6. fol. 43. The suppo sed Maxime of the Aduersaries touching not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. The Aduersaries obiection touching King H. 2. auoided As touching Arthur King Richardes nephevve Vt autem pax ista summa dilectio taÌ„ multiplici quaÌ„ arctiori uin culo connectatur praedictis curiae uestrae Magnatibus id ex parte uâ— stra tractaÌ„tibus Domino disponente coÌ„diximus inter Arthurum egregiuÌ„ Dâ— cem BritaÌ„niae nepoteÌ„ nostrum haeredem si forte sine prole obirâ— nos contigâ— rit filiaÌ„ uestraÌ„ matrimonium contrahendum c. In tractatu paciâ— inter Richa 1. TancreduÌ„ Regem Si ciliae Vide Reg. Houeden RicharduÌ„ Canonicum S. Trinitatis Londin A false Maxime set forth by the Aduersarie 7. E. 4. fo 28.9 E. 4. fo 5.11 H. 4 fo 25.14 H. 4. fo 10. the statute of Edvv. 3. An. 25. to â— cheth inâ—e ritaÌ„ce not purchase â— H. 4. fo 25. Scotland is vvithin the allegeance of EnglaÌ„d The Lorde loseth not his seignorie though the tenaÌ„te doth not his seruice The causes vvhy the Croune caÌ„ not be coÌ„prised vvithin the pretended Maxime Without the croune there can neither be King nor allegeance 40. E. 3. fol. 10. 13. E. 3. Tit. Bref 264.16 E. 3. iurans desait 166.17 E. 3. tit scire fac 7. A Deane a Person a Priour being an Alien may demande lande in the right of his corporation An 3. R. 2.6 C. 3. fo 21. tit droit 26. lib. Ass p. 54.12 li. Ass tit enfant 13. H â— fol. 14.7 E. 4. fol. 10.16 E. 3. iurans defait 9. H. 6. fol. 33.35 H. 6. so 35.5 E. 4 fol. 70.49 li. Ass A. 8â— 22. H. 6. fo 31.13 H. â— so 14. The King is alvvaies at ful age in respecte of his Croune The Kings children are expresly excepted from the surmised Maxime â— LiberoruÌ„ ff de uerbo ruÌ„ signific L. Sed si de in ius uo caÌ„do instit de haere ab intest L. Lucius ff de baered instit L. Iusta L. Nâ—toruÌ„ L. Liberorum de uerb signif L. 2. § sâ— mater ad S. C. Tertul L. Filius de S. C. Maced L. Senatus de ritu nugâ— L quod sâ— nepotes ff test cuÌ„ notatis ibid. Infantes in Frenche couÌ„teruaileth this vvorde liberi in lat The grand fathers cal their nephues sonnes L. Gallâ—◠§ InstitueÌ„s ff de liber Eâ— post l. ff C. de impub. Alâ—is substan c 1. q. 4 Father and son coÌ„pted in person aÌ„d flesh in maner one Great absurditie in excluding the true aÌ„d right successour for the place of his birth only An euasion auoided preteÌ„ding the priuilege of the KiÌ„gs children not to be in respect of the Croune but of other laÌ„des The royall blood beareth his honour vvith it vvhereso euer it be Vide Anto. Corsetum de potest et excell regi q. 106. CoÌ„querors glad to ioinevvith the ioyall blood Henry the first L. â— ff de legious Commonvse and pâ—â—ctise the best interpretation of the lavv Eodâ— anno Rex cuÌ„ in diebus suis processisset AeldredaÌ„ Vigornen sem Episco pum ad Regem Hunga riae trans mittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota fa milia sua ut uel ipse uel filij eius sibi succedereÌ„t in regnum Flor. histor 1057. Flor histo â—066 Aelredus Regioual lens de reg Anglorum ad Regem Henr. 2. King Stephen and King H. â— The aduer saries fond imagination that King H. 2. should come to the croune by composition not by proximitie of blood Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum recognouit in conuentu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux HeÌ„r ius hae reditariuÌ„ in regnuÌ„ Angliae habebat Et Dux benigne concessit ut Rex Stepha nus tota uita sua suuÌ„ regnuÌ„ pacifice possideret Ita tamen confirmatum est pactuÌ„ quod ipse Rex ipsttuÌ„e praesentes cum caeteris regni optimatibus iurareÌ„t quod Dux Henr. post morteÌ„ Regu si illum superuiueret regnum sine aliqua contradictione obtincret Flor. histo An 1153. The like fond imagination touching King Richardes nephevv Diuersitie of opinioÌ„s touching the vncle aÌ„d nephue vvhether of them ought to be preferred in the royall gouernement