suche lawfull prouffe againste the saide will ê“ducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌ„de yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ„ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌ„d sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌ„ce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ê‘liameÌ„tes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ— quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌ„te maye be geaven to an acte of parliameÌ„t by hys lettres pateÌ„tes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌ„monlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌ„sumptions aÌ„d reasons agaiÌ„st the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ„ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌ„d welthe of the realme to the good coÌ„teÌ„tatioÌ„ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌ„d dishonorable sorte as ys pÌ„teÌ„ded I plainlie denie For beinge at the time of this pÌ„tensed will furnissâ—ed and adorned with issewe our late kiÌ„ge Edward aÌ„d ladie Marie late Quene aÌ„d with our graciouse souereigne Elizabeth theire state aÌ„d successioÌ„ beinge also latelie by acte of ê‘lameÌ„te established what nede or likelyhode was there for the kinge theÌ„ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌ„d fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ„ of the redd rose and the white lately by the incorporation and vnioÌ„ of the howses of yorke and Lancaster in the ê‘soÌ„ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌ„d buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌ„te yet coulde not he be ignorante that nether pÌ„liameÌ„tes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ê‘liamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌ„ded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ê‘liamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ„ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ê“cure aÌ„d purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌ„che Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌ„d afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
2. 21 E. 4. fol. 97. 7 H. 7. fo 15. Yf therefore any deede dothe wante that speciall clause and mention althowghe the partie in deede hathe putt his seale vnto the same yet ys that deede or specialtie voyde iÌ„ lawe So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same and farther dothe appointe to carrie or driue the same distresse vnto the povvnde 9. E. 4 fo 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and seruices Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie 29 H. 6. fol. 6. or yf he shall labour occupie the chattelles distrained 29. li. Assiar The distresse so taken by him ys iniuriouse and vvrongfull in lavve p. 64 For as muche as he hathe not done accordinge to the prescribed order of the lavve The statute made Anno 32. H. 8. geuethe aucthoritie vnto tenaÌ„te in tayle and to others beinge seased of lande in the right of theire vviues or churches to make leases of the same Wherein also a prescripte order and forme for the same ys sett forthe Yf any of the saide persons shall make any lease wherein he dothe not obserue the same prescribed order in all pointes the same lease ys not vvarented in any point by the saide statute Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of laÌ„de appointethe a forme and order for the same 27. H. 8. cap. 10. that ys they muste be by vvritinge indeÌ„ted sealed aÌ„d enrolled vvithin sixe monethes next after the dates of the same vvritinges Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted the same ys vitious aÌ„d voide in the lavve So likevvise the statute made in An. 32. H. 8. geaueth aucthoritie to dispose laÌ„des and tenemeÌ„tes by laste vvill and restamente in vvritinge 32. H. 8. cap. 1. Yf a man do demisse his laÌ„de by his laste vvill restameÌ„te nuncupatiue vvithovvte vvrittinge this demise is insufficieÌ„te in lavve aÌ„d ys not warranted by the saide statute We leue of a nomber of like cases that we might multiple in the proufe of this matter Wherein vve haue tarried the longer by cause the adâ—saries make so greate a countenaÌ„ce therevpon And by cause all vnder one yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parliamentes by his lettres patentes signed vvith his hande Which ys nothinge else but a declaration and affirmaÌ„ce of the coÌ„mon lawe And no newe aucthoritie geven to him to do that he coulde not do before or any forme praescribed to binde him vnto Besides that in this case there ys no feare in the worlde of forginge and counterfeytinge the kinges hande Where as in the testamentarie cause yt ys faâ—re other wise as the worlde knovvethe and dailie experience teacheth And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande yt can not any vvaye hurte or hinder the iuste right aÌ„d clayme of the Quene of Scotlande to the succession of the crovvne of Englande Nowe supposinge that neither the Lorde Pagett nor Syre Edvvarde Mountegevve aÌ„d willim Clarke had testified or published any thinge to the infringinge and overthrowinge of the aduersaries assertioÌ„ towchinge the signinge of the saide will Yet ys not therebye the Quene of Scotlandes title altogether hindered For she yet hathe her iuste aÌ„d lawfull defeÌ„ce for the oppugninge of the saide Assertion aswell againste the persons and saienge of the witnesses yf any shall come forthe as otherwise she maye iustlie require the saide will to be browght furthe to light and especiallie the signinge of the same vvith the kinges hande to be dewly and consideratelie pondered weied and conferred She hathe her iuste defence and exceptions and muste have And yt were against all lawes and the lavve of nature yt self to spoile her of the same And all good reason geavethe that the saide originall will standinge vpon the triall of the kâ—nges hande be exhibited that yt maye be compared vvith his other certaine and well knowen hande writinge and that other thinges maye be done requisite in this behalf But yet all this notwithstandinge lett vs nowe imagine and suppose that the kinge him self whose harâ—e and hande Were dovvbtelesse farre from any suche doinges Lett vs yet I saie admitte that he had signed the saide Will vvith his ovvne hande Yet for all that the aduersaries parchance shall not finde no not in this case that the Quenes iuste title right and intereste dothe any thinge fayle or quayle The supposed will caÌ„ not preiudice the Q. of Scottes thovvghe yt had bene signed vvith the Kinges ovvne hande Or rather lest vs vvithovvte any perchance saye the iustice and aequitie of her cause and the invincible force of trevvthe to be suche that neither the stampe nor the kynges ovvne hande can beare and beate yt dovvne Which thinge we speake not vvith ovvte good probable and vveightie reasons Neither do vve at this time minde to debate and discovvrse vvhat povver and aucthoritie and howe farre the parlamente hathe yt in this and like cases Which parchance some other vvolde here do We vvill onlie intermedle vvith other thinges that reache not so farre nor so highe and seame in this our presente question vvorthie and necessarie to be considered And firste before we entre into other matters vve aske this reasonable and necessarie question Whether theis generall vvordes vvhereby this large and ample aucthoritie ys conueyed to kinge Henrie muste be as generallie and as amplie taken or be restrained by some manner of limitation aÌ„d restriction agreable to suche mynde and purpose of the parliamente as muste of verie necessitie or greate lykelyhodde be construed to be the verye mynde and purpose of the sayde parliamente Ye will saye perchance that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte exception sauinge for the owtewarde signinge of the will Trewthe yt ys there ys nothynge elles expressed But yet was there some thinge elles principallie intended and yet for all that there must nedes be some qualification aÌ„d restraiÌ„t of the generall words of the statute neaded not to be specified The owtewarde manner was so speciallie and preciselie appointed and specified to auoide suspitious dealinge to auoide corruption and forgerie And yet vvas the vvill good and effectuall vvithowte the kinges hande Yea and the assignation to had bene good had not that restrainte of the kinges hande bene added by the parliamente But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the vvordes were they neuer so large and ample there ys thowghe nothinge were spoken therof an ordinarie helpe and remedie otherwise
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
claime For by the sayde pretensed vvill yt ys limited that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour that the crovvne shall remayme and coÌ„me to the next rightfull heires But yf she shall be sayde to be a forrainer for the time for the induction of farther argumente Then what saye the adâ—saries to my Ladie LeÌ„noux borne at Herbotell in Englande and from thertene yeares of age browghtvppe also in EnglaÌ„d and coÌ„monlie taken and reputed aswell of the kinge and nobilitie as of other the lawfull neâ—e of the saide kinge Yea to turne nowe to the other sister of the kinge married to Charles Brandon Duke of Suff. and her children the Ladie Fraunces and the Ladye Elenour Whye are they also disherited Suerlie yf there be no iuste cause neither in the Ladye LeÌ„noux nor in the other yt seamethe the kinge hathe made a plaine donatiue of the crowne Which thinge vvhether he coulde do or vvhether yt be conformable to the expectation of the parliamente or for the kinges honour or for the honour of the realme I leaue yt to the further consideration of other Nowe what causes shoulde moue the kiÌ„ge to shutt them owte by his pretensed will from the title of the crowne I mynde not nor neade not especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne here to ê“psequute or examin Yet am I not ignorante what impedimeÌ„tes many do talke of aÌ„d some as well by priÌ„ted as vnpriÌ„ted bookes do write of Wherein I will not take vpon me any asseueratioÌ„ any resolution or iudgement Thys onlie will I propownde as yt were by the vvaye of coÌ„sideration dewly and deaplye to be wayed and thowght vpoÌ„ That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of ScotlaÌ„de and others altogether to the issewe of the Frenche Quene whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children as the aduersaries them selues coÌ„fesse he had not and that there was no lawfull impedimeÌ„te in them to take the successioÌ„ of the croune yt were any thinge reasonable or euer was ones mente of the parliamente that the kinge withowte cause shoulde disherite aÌ„d exclude them from the title of the crowne On the other side yf there were anye suche impedimente Wherof this surmised will geuethe owte a greate suspition yt ys to be considered whether yt standethe with reason and iustice vvith the honour of the kinge and the whole realme or vvith the mynde purpose and intente of the saide ê‘liamente that the kinge shoulde not onlie frustrate aÌ„d exclude suche l. fi pater ff quo in fraud credit l. filij famil ff de donat vvhose right by the coÌ„mon lavve ys moste evidente and notorious but call and substitute suche other l. 1. C. quae respign l. obligationem ff de pignot c. in general de regul iuris in 6. as by the same lavve are plainelie excluded In consideration wherof manie notable rules of the cyuill lavve do concurre Firste that whosover gevethe any man a generall aucthotitie to do any thinge In giuinge generall aucthority that seameth not to be coÌ„prised that the ê‘â—ie vvolde not haue graunted being specially demanded seamethe not to giue him aucthoritie to do that thinge which he vvolde not haue graunted yf his miÌ„de therein had bene severallie and speciallie asked and required Againe generall wordes eyther of the testatours or of suche as make any contracte I. promitteÌ„do cuÌ„ notat ibid. ff de iure dotium and speciallie of statutes towchinge any persons to do or enioye any thinge ovvght to be restrained and referred to hable I. quidam ff de verb. signific mete and capable persons onlie Yt ys further more a rule aÌ„d a principle I. vt gradat §. 1. de muner honor that statutes muste be ruled measured aÌ„d interpreted accordinge to the minde and directioÌ„ of the generall and coÌ„mon lawe Generall vvordes muste be referred to hable persons Wherefore the kinge in limitinge the successioÌ„ of the crovne in this sorte I. 2. Câ—de Nopal as ys praetended seamethe not to answere and satisfie the expectation of the parliamente puttinge the case there were any suche surmised impedimeÌ„t as also on the other syde likewyse yf there were no suche supposed impediment For here an other rule muste be regarded which ys that in testamentes contractes and namelie in statutes the generalitie of wordes muste be gentilie and cyvilie moderated aÌ„d mesured by the common lavve l. Fin § in coÌ„putatione C. de iurâ— de liber â—bi notat and restrained when so euer any man shoulde by that generalitie take any doÌ„mage and hurte vndeservinglie Yea the Statute shall rather in that case cease and quaile and be taken as voyde As for example yt appeareth by the ciuill lavve Alciat l. 1. verb. sig that yf yt be enacted by Statute in some cities that no man shall pleade againste an instrumente no not the executours Yet this not withstandinge yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour yf he deale feaithfullie and trewâ—ie rather then he shoulde vvrongfullye and with oute cause paye the testatours debte of his owne he maye come and pleade againste the instrumente Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances and Ladye Elenour or muche excessiue in theire childreÌ„ And so thowghe he had signed the sayde will with his hande yet the saide doinges seame not coÌ„formable to the mynde and purpose of the parliamente We vvill nowe goe forewarde and propownde other greate and graue considerations seruinge our saide purpose and inteÌ„te wherof one ys that in limitinge the crowne vnto the heires of the bodie of the Ladie FraÌ„ces the same Ladye then and so longe after liuinge the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable parliamente For as muche as the saide acte of parliamente gaue to him aucthoritie to limitt aÌ„d appointe the crowne to suche ê‘son or persons in reuersion or remainder as shoulde please his highnes meaninge therbye some person certaine of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes be intended For as muche as the saide Ladye Frances was then liuinge and therefore coulde then haue no heires at all By reason vvherof the people of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession 11 H. 4 fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente 19 H. 6 fol. 24. But to this matter some peraduenture vvolde seame to ansvvere and saye 11 H. 6 fol. 15. that althovvghe at the tyme of the saide
regimeÌ„te ys against nature as also touchiÌ„ge a brother to be choseÌ„ kinge Neither the lavve of God nor reason is against the Quene of Scottes right as the aduersaries pretendâ— And therfore I coÌ„clude agaiÌ„st you that neither the lawe of God nor of nature nor yet reason vpon the vvhiche also you grownde your self do reiecte the saide Qu. marie fraÌ„che successioÌ„ of the crowne of Englande Your reason ys that where the people erecte them self an head of theire owne kinred and nation there nature assuerethe the people of naturall gouernemente And vvhere a stranger cariethe opinion of vnnaturall tyranie yt assuerethe the ruler of naturall subiectioÌ„ To a stranger ys murmorre and rebellion threatened But nowe yf this excellente Ladye and Princesse be no stranger and be of our ovvne kinred and of the aunciente and late Royall bloude of this realme as vve haue declared then ys your reason also vvith all auoided which maye and dothe ofteÌ„times take place iÌ„ more streÌ„gers coÌ„minge in by violeÌ„t and forcible meanes But here as naturall a man as ye make your self ye seame to go altogether agaiÌ„st reasoÌ„ and against nature also Yf Princes children vvere to be counted strangers and aliens or to be suspected as enemies and TyraÌ„s succedinge to theire owne progenitours inheritance Yt vvas an vnnaturall parte a greate follye in the noble kinges of this and manye other realmes to geue ovvte theire dawghters to forren Princes in mariage in steade of pÌ„ferringe auancinge them by threire mariage procuringe therby freÌ„dshippe and amitie with other Princes to disable theire saide children from theire auncetours inheritances in those contreyes froÌ„ vvhence they originallye proceded And as it seamethe by your kinde of reasoninge to purchasse and ê“cure beside to them therby an opinion of ennemitie and tyranie This this I saye ys a frovvarde and an vnnaturall interpretatioÌ„ A frovvarde aÌ„d an vnnaturall interpretatioÌ„ of the aduersarie Nature mouethe and driueth vs to thincke othervvise and that bothe a a prince vvill fauour loue and cherishe the people from vvheÌ„ce he fetcheth his royall bloude and by vvhoÌ„ he muste novve mainteine kepe and defende his royall estate that the people likewise will beare singuler loue and affection to suche a one especiallye of suche knovven princelye qualities as this noble Ladye is adorned with all Suerly yt ys no more vnnaturall to suche a Prince descendinge from the aunciente and late Royall bloude of the kinges of EnglaÌ„de The Que. of Scottes no straÌ„ger to EnglaÌ„d to beare rule in Englande and as yt were to retorne to the head and fowntaine from whence originallye she sprange Then yt ys for all flouddes and riuers which as homer sayethe flowe ovvte of the greate OceaÌ„ sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21. Iliad To reuerte Ecclesiastes cap. 1. returne and reflovve againe to the sayde Ocean This coherence coniunctioÌ„ copulation inclination and fauour runinge interchangeablye betwixte suche a Prince and the people ys no more strange to nature then ys the coÌ„iunction of the tree and the rote therof then of the fowntaine and the riuer issuenge from thence then of the sonne and the sonne beames finallie then ys the coniunction betvvixte the olde ancient louinge graÌ„d mother and her yoÌ„ge and tender dawghter Neither do I well knovve howe I maye better call noble England then a louinge grandmother to this good gentle Ladie whom vve I do not dowbte yf euer God call her to the Royall seate therof shall not onlye finde a louinge aÌ„d gratiouse maistresse but a most deare aÌ„d tender good dawghter For theis and other considerations the lawes of the realme do not nor euer did estraÌ„ge suche princes from the succession of the crowne of the realme Which by reason of the saide naturall inclination and beneuolence of the one to the other standethe vvith the lawe of God nature with all good reason And therefore your coÌ„clusioÌ„ ys againste Godes lawe nature and all good reason Whereby you full vngodlye vnnaturallie and vnreasonablie do conclude an exclusioÌ„ of the Quene of Scotlande pretendinge her to be a straÌ„ger to that right that God nature and reason and the trevve hartes of all good naturall Englishemen do call her vnto as the deare sister and heire apparente to our noble Quene Elizabethe The which her saide iuste right title and intereste we truste we haue nowe fullye proued and iustified and sufficientlie repulsed the sondrie obiections of the aduersaries And as theis beinge the principall ovvght to breade no dowbte or scruple in any man so manye other folyshe fonde and fantasticall obiections not worthye of any ansvvere that busie quarrelinge heades do caste forthe to dishable her right or to disgrace and blemishe either her honour or thys happie vnion of bothe realmes yf God shall sende yt in takinge our gratiouse Sovereigne from vs withowte issue vvhich God forbide ovvght muche lesse to move any man Whos 's maiestie God longe preserve and shylde and blesse her yf yt be hys pleasure vvith happie issue But yf yt please hym eyther to bereave vs of hyr maiestie or her maiestie of all suche issue then yet that we maye not be altogether lefte desolate confortlesse thys happye vnion vvill recoÌ„pence and supplie a greate parte of thys our distresse An happie vnion I call yt by cause yt shall not onlie take avvaye the loÌ„ge mortall enemitie The greate coÌ„moditie that shall come to Englandeâ— aÌ„d ScotlaÌ„de by the vnion of theÌ„ in case this successioÌ„ chaÌ„ce the deadlie hatred the most cruell sharpe vvarres that have so manie hundred yeares bene continued betwixt our neighbours the Scottes and vs but shall so entierlie consociate and conioyne and so honorablie sett forthe and aduaÌ„ce vs bothe and the vvhole Ilande of Britanye as neither toÌ„gue can expresse the greatenesse of our felicitie and happines nor harte vvishe any greater The olde enemitie hathe trodeÌ„ downe kepte vs bothe vnder fote and hathe geuen occasion to the coÌ„mon enemie as the Danes aÌ„d other to spoyle vs bothe Yt hathe caused for theis thowsande yeares and more so infinite and so ovvgelie slavvghter as it Will greaue and pittie any mans harte to remember and yet neither to the greater augmeÌ„tation of our possessions at this daye nor to theire muche losse They hauinge loste nothinge of theire olde aunciente inheritaÌ„ce sauinge Barwikle onlie Yf this coniunction on s happen and yf we be on s vnited and knitt together in one kingedome and dominion in one entire brotherlie love and amitie as we are alredie knit by neighbourhode by tongue and almoste by all maÌ„ners fasshioÌ„s and behaviour then will all vnnaturall and butcherlie slawgher so loÌ„ge hyther to practised cease TheÌ„ will reste quietnes welche and prosperitye encrease at home TheÌ„ will all owtewarde Princes our FreÌ„des reioyce and be coÌ„forted our enemyes dreade vs. Then wyll the honour fame and maiestye of the Ilande of Albyon daylye growe more and more and her power and streÌ„gth so greatelie encrease as to the freÌ„de yt wil be a good shilde And to the enemye an horrible terrour The shall the owtevvarde enemye litle endomage vs. Then shall we with our children after vs reape the pleaâ—â—â—te fruites of this noble coniunction wrovvght this to our haÌ„des by Godes good and gratiouse prouidence vvithovvte expeÌ„ce force or slawghter which hitherto a noÌ„ber of our covvragiouse vvise and mightie Princes haue theis thovvsande yeares and vpvvarde sovvght for but in vaine as yet vvith so excessiue charges vvithe so greate paynes vvith so manye and mayne armies and vvith the bloude of so manie of theire subiectes Then shall vve moste fortunatelie see and moste gloriouslie enioye a perfecte and entire monarchie of this I le of Britanie or Albion vnited and incorporated after a moste maruelouse sorte and in the vvorthie and excellente person of a Prince mete and capable of suche a monarchie As in vvhose person beside her vvorthie noble and princelye qualities not onlye the Royall and vnspotted bloude of the aunciente and noble kinges of Scotlande but of the Normans and of the Englishe kinges with all as well longe before as sithens the conqueste yea and of the Britaine 's also the moste aunciente inhabitans and lordes of this Ilande do wonderfullye and as yt were eauen for suche a notable purpose but the greate prouidence of God moste happelye concurre The euidente trewthe wherof the sayde Quenes petigrewe dothe moste plainelie and openlie sett forthe to everie mans sight and eye Then I saye maye this noble realme and Ilande be called not Albion onlye but rather Olbion that ys fortunate happye and blessed Whiche happye and blessed coniunction when yt chauncethe yf we vnthanckefullye refuse We refuse our healthe and welfare and Godes good blessinge vppon vs. We refuse our dewtie to God who sendethe our dewtie to the partie whom he sendethe and our dewtie to our natiue coÌ„trey to whom he sendethe suche a person to be our Maistresse and suche commodities and honour with all coÌ„minge thereby as I haue sayde to whole Albion as greater we can not wishe for And finallye we procure and purchase as muche as in vs liethe suche disturbaÌ„ce of the coÌ„mon wealthe suche vexations trobles and warres as maye teÌ„de to the vtter subuersioÌ„ of this realme From which dangers God of his greate aÌ„d vnspeakeable mercie defeÌ„de preserue vs kepe ê“tecte defeÌ„de this realme with our noble Quene Elizabethe and the saide Ladie Marie Quene of Scotlande with the nobilitie subiectes of bothe the realmes in mutuall frendshyppe and godlie amitye with longe prosperouse estate and all good quietnes Amen FINIS Imprinted at London in Flete strete at the signe of Iustice Royal againste the Blacke bell by Eusebius Dicaeophile anno D. 1569. and are to be solde in Paules churche yearde at the signes of Tyme Truthe by the Brasen SerpeÌ„t in the shoppes of Ptolomé and Nicephore Lycosthenes brethren Germanes â§
do the saide homage and fealtie to the kinges of England Yet for all that the kinges of ScotlaÌ„de can not by any reason or lawe be called vsurpers And thus maye ye see gentle Reader by the opinion of all indifferent men and not led by affection that the realme of Scotlande hathe bene and yet ys within the allegeance and dominion of Englande And so your antecedent or firste proposition false And yet that makethe no prouf that the realme of FraÌ„ce likewise shoulde nowe be saide to be with in the allegiaÌ„ce of our Souereigne Ladie the Quene of England by reason of the manifeste and apparente difference before sheued But what yf your antecedent were trewe aÌ„d that we did agree bothe withe the saide Quene of Scottes aÌ„d her subiectes aÌ„d also withe you that Scotlande were owte of the allegiance of Englande Yet yt ys verie plaine that your coÌ„sequente and conclusion can not by anye meanes be trewe The causes vvhy the crowne caÌ„ not be comâ—sed with in the preteÌ„ded maxime And that priÌ„cipallie for three causes Wherof one ys for that neither the kiÌ„ge nor the crowne not beinge especiallie mentioned in the saide rule or preteÌ„ded maxime can be inteÌ„ded to be with in the meaninge of the same maxime as we haue before sufficientlie ê“ued by a greate nomber of other suche like generall rules and maximes of the lawes An other cause ys for that the crwne caÌ„ not be taken to be with in the wordes of the saide supposed maxime And that for two respectes one ys by cawse the rule doth onlye dishable aliens to demaunde any heritage with in the allegiance of Englande which rule can not be stretched to the demaunde of the crowne of Englande which ys not with in the allegiance of Englande but ys the verie allegiance yt self As for a like example Yt ys trevve that all the landes vvith in the kinges dominion are holden of the kinge either mediatlie or immediatelie and yet ys yt not trevve that the crovvne by vvhiche onlie the kinge hathe his dominion can be saide to be holden of the kinge For withoute the crowne there can be neither kinge nor allegiance And so longe as the crovvne restethe onlie in demaunde not beinge vested in any person with ovte the crownethere caÌ„ neither be Kinge nor allegiaÌ„ce there ys no allegiance at all So that the crovvne can not be saide by any meanes to be vvith in the allegiance of EnglaÌ„de And therfore not within the wordes of the saide rule or maxime The title of the crovvne ys also ovvte of the vvordes and meaninge of the same rule in any other respecte And that ys by cause that rule doth onlie dishable an alien to demaunde landes by disceÌ„te as heire for yt dothe not exteÌ„de vnto laÌ„des purchassed by an alien as vve haue before sufficientlie proued 40. E. 3. f. 10. 13. E. 3. titlrÌ„e 264. 16. E. 3. iuraÌ„sde faiâ—e 17. E. 3. tit Scire fac 7 And then can not that rule extende vnto the crovvne beinge a thinge incorporate the right wherof dothe not desceÌ„de accordiÌ„ge to the comoÌ„ course or priuate inheritance but goethe by succession as other corporations do No man dowbtethe but that a prior alien beinge no denizen A Deane a Person a Priour beynge an alien maye demande laÌ„de in the right of his corporatioÌ„ might alvvayes in time of peace demaunde lande in the right of his corporatioÌ„ And so likevvise a deane or a person beinge aliens and no denizens might demaunde landes in respecte of theire corporations not vvith standinge the saide supposed rule or mxime as maye appeare by diuers booke cases as also by the statute made in the time of kinge Richard the seconde An. R. 23c 36. E 3. fo 21. tit droicte 26 lib. Assis. p. 54. 12. lib. Assis tit enf 9 H. 6 fol. 33 3 H. 6. fo 35. 5. E. 4 f. 71. 49 li. Ass. pag. 17 22. H. 6. fo 31 13. H. 8. fo 14 7 E. 4 f. 29 9 E. 4 f. â—0 And altovvghe the crovvne hathe alvvayes gone accordinge to the coÌ„mon covvrse of a discente Yet dothe yt not properlie desceÌ„de but succede And that ys the reason of the lavve that althovvghe the Kinge be more fauoured in all his doinges then any coÌ„mon person shal be Yet can not the Kinge by lavve auoide his grauntes and lettres patentes by reason of his nonage as other Infantes maye do but shall alvvayes be saide to be of full age in respecte of his * The kiÌ„ge ys alvayes at full age in respecte of hys crovvne crowne eauen as a person vicare or deane or any other person incorporate shal be Whiche can not by any meanes be sayed in lawe to be vvith in age in respecte of theire corporations Altowghe the corporation be but one yeare olde Besides that the kinge caÌ„ not by the lawe avoide the lettres patentes made by any vsurper of the crowne vnlesse yt be by acte of parliamente no more then other persons incorporate shall auoide the grauntes made by one that vvas before vvrongfullie in theire places and roumes Whereas in discentes of inheritances the lawe ys otherwise For there the heire maye auoide all estates made by the dissesor or abatour or anye other person vvhose estate ys by lavve defeated Wherby yt dothe plainlie appeare that the kinge ys incorporate vnto the crowne and hathe the same properlie by succession and not by discente only And that ys likewise an other reason to proue that the kinge and the crowne can neither be saide to be with in the wordes nor yet with in the meaniÌ„ge of the saide generall rule or maxime The thirde and moste principall cause of all ys for that the saide statute vvhere vpon the saide supposed rule or maxime ys gathered the children discendants and discended of the bloude royall by the vvordes of EnfaÌ„ts du Roy The Kings childreÌ„ are expresselye excepted froÌ„ the surmised maxime are expresseli excepted owte of the saide supposed rule or maxime Which wordes the aduersaries do muche abuse iÌ„ restrainiÌ„ge coÌ„struinge theÌ„ to extende but to the first degree onlie whereas the same wordes may verye vvell beare a more large and ample interpretation And that for three causes and considerations Firste by the ciuill lavve this vvorde Liberi vvhiche the vvordes Enfants beinge the vsuall and originall vvordes of the statute vvritten in the Frenche tongue counteruaileth dothe comprehende by proper and peculier signification not only the children of the first degree L. liberoruÌ„ de verborum signific ff but other discendants also In the lavve sayenge that he vvho ys manumissed or made free shall not commence any action againste the children of the patrone or manumissor vvithovvte licence L. sed si ff de in Ius vocaÌ„do instit de heredibus ab intest not only the first degree but the other also ys conteined The like ys vvhen the lavve of the twelve tables sayethe The firste place and roume of
of this place ye have omitted Wherefore as this place servethe nothinge for any absolute electioÌ„ of a kinge the which you seame especiallie to regarde aÌ„d grownde your self vpoÌ„ so dothe yt as we have shewed as litle relieve you to prove thereby your conclusions especiallie againste the ordinarie succession either of a straÌ„ger or of a woman that ye wolde gather and coÌ„clude owte of the same Thus have we sufficientlie answered the place of Deuteronomie for this one purpose The other two aucthorities maye be muche more easelie answered The people mente nothinge else by theire sayde wordes spoken to David An anssvvere to the secoÌ„de of Samuel c. 5. but that they were of the seede of Abraham Isaac and Iacob as well as he and intended with trevve and sincere hartes vnfainedlie to agnyse him as theire cheif lorde aÌ„d Sovereigne For at that time the tribe of Iuda onlie wherof kinge Dauid came by liniall discente did acknowledge hym as kinge Novve the residevve which before helde vvith Saules sonne did also incorporate aÌ„d vnite them selues to the saide kingdome Yf this man loke well vpon the matter he shall finde I trowe that the Quene of Scottes maye aswell call her seâ—f the bones and fleshe of the noble Princes of Englande as this people call them selves the bones and fleshe of kinge Dauid But yet the greate terrible batteriÌ„ge caÌ„noÌ„ Athalia ys behiÌ„de She beinge in possessioÌ„ of the kiÌ„gdome seaueÌ„ yeares was iustlie thrust owte by cause she was an alien we maye then sayethe this man iustelye denye the Quene of Scottes before hande the right of that which yf she had in possession she coulde not iustelye enioye Yet Syr yf the Quene of Scottes be no alien as we have sayed then ys your cannon shotte more fearefull then dangerouse We denie not but that Athalia was lavvfullie deposed but we beseache you to tell vs your authours name that dothe assigne the cause to be suche as ye alleage Suerlie for my ê‘te after diligente searche I finde no suche authours Truthe yt ys that Iosephus writeth as ye do Iosep. Iud. antiq li. 9 c. 6. that she discended by the mothers side of the Tyrians and Sydonians yet never thelesse he assignethe no suche cause as ye do And as ye are in this your pretie poisoned pamflett the firste I trowe of all christian men I Will not excepte eyther latine or greke vnlesse yt be some fantastycall fonde and newe vpstarte Doctours as Maistre Knoxe or some the like neyther Iewe Chaldyan nor Arabyan that hathe thus strangelye glosed and deformed this place of the holie scripture againste the ordinarie succeffion of vvomen Princes so are you firste also A nevve fovnde aÌ„d mad inter pretation who ys an alieÌ„ made by the aduersarie of all either deuines or lawiers throughe owte the world that hathe sett forthe this newe fownde folishe lavve that the kinges childe muste be counted an AlieÌ„ vvhose father and mother are not of the same and one coÌ„trey Yf the Frenche or Spanishe kinge chance to marrye an Englishe vvoman or the kinge of Englande to marrie a freÌ„che a Spanishe or any other coÌ„trey woman theire children by this newe Lycurgus are Aliens aÌ„d so coÌ„sequentlie in all other nations all suche as haue bene shal be aliens by this your newe oracle For vvhat other cause shewe you that this Athalia was an alien but by cause her mother vvas an alien Genus ducens Iosep. li. 9. cap. 7. say you a Tyrijs Sidonijs coÌ„minge by liniall discente by the mothers side from the Tyrians and Sydonians Kinge Achas maried her mother dawghter to Ithoball kinge of the saide Tyrians and Sydonians This Athalia vvhom Iosephus callethe Gotholia Achas dawghter married Ioram kinge of Iuda her brother called also Ioram beynge kinge of Israël after the decease of his father Achas Athalia was no alieÌ„ amoÌ„ge the Iewes So then ye see that this Athalia vvas no more an aliâ—n amoÌ„ge the Iewes then kinge Edbaldus was the sonne of Bertha a Frenche womaÌ„ and of kinge Ethelbertus the firste christian kinge of the Englishe nation No more then vvas the noble kiÌ„ge Edward the thyrde borne of a Frenche vvoman No more then Quene Marie vvas No more then shoulde haue bene the issewe of the saide Quene Marie or our gratious Souereignes issewe shulde be in case she maried with any forren PriÌ„ce I ê‘ceaue that your fellowes that wolde faine make kinge Shephen and kinge Henrie the seconde and Arthure nephewe to kinge Richarde the firste aliens had but rude dull and grosse heades in comparisoÌ„ of your fine subtile and highe fetches Yf I shoulde nowe desire your patience not withstandinge the allegatioÌ„s of all your diuinitie to be conteÌ„te a while and towchinge this matter to hearken to the moste excellente ciuilian Vlpian thowghe he were an Ethnick ye wolde parchance make litle accompte of him and be angrye withe me for producinge a prophane witnes against you And yet trewlye in this I offerre neither to you nor yet to godes holye vvorde any iniurie in the vvorlde For Christe his highe and deuine doctrine dothe not subuerte nor impugne humane oâ— ciuill policie beynge not repugnaÌ„te to his expresse worde wyll Let vs then heare whoÌ„ the saide Vlpian maketh an Alien Who is an alieÌ„ by Vlpian whoÌ„ he definethe to be an Alien He ys a Campane sayethe this Vlpian that ys borne of father and mother beinge Campanes Yea yf his father be a Campane and his mother be a Puteolane yet ys the childe a citezin or burgesse of Campanie And then he shewethe farther that in some contreyes as amonge the Ilians the Delphians and them of Pontus the childe shal be cownted to be origiginallye of the mothers and not of the fathers contreye His wordes in latine as he wrote them are theis L. 1. ff ad muni c. 1. pec Qui ex duobus Campanis parentibus natus est Campanus est Sed si ex patre Campano matre Puteolana aequè municeps Campanus est nisi forte priuilegio aliquo materna origo censeatur tunc enim maternae originis erit municeps vtopte Iliensibus concessum est vt qui matre Iliensi est sit eorum municeps Etiam Delphis hoc idem tributum conseruatum est Celsus etiaÌ„ refert ponticis ex beneficio Pompeij Magni compepetere vt qui PoÌ„tica matre natus esset Poticus esset Whiche his sayenge ys directe against you for this your strange declaration of Alienigenâ— an alien Well yf neither the declaration of Vlpian nor yet the practise of the worlde most conformable also to reason nor any thinge else will satisfie you vnlesse yt be deriued and taken owte of holye scripture we are coÌ„tente to ioyne issewe with you aÌ„d to be tried by the same onlye Matt. 1. Iosue 6. Christe came liniallie of Booz whoÌ„ SalmoÌ„ begatt of Raab as the moste coÌ„mon opinion of writers ys that
some conveniente order also aswell for the repressinge of them as for the restitution of the sayde Quene Marie into her owne realme And the rather bycause our saide Quene ys learned and therefore not ignorante what greate coÌ„meÌ„dation and immortall fame manie kynges haue purchased to them selves for suche benefitt bestowed vpon other Princes beynge in the like distresse and extremitie The monumeÌ„tes of antiquitie as well prophane as Ecclesiasticall are filled withe the memorie of suche noble factes In holye scripture we reade that Abraham cowragiouselie and manfullie delivered hys brother Lothe Genes 14. whith certaine Kynges taken prisoners by they re enimies Esdrae â–ª 1. Cyrus deliuered the Iewes from captiuitie 4. Reg. c. vlt. Evelmerodache delivered Ioachim the Kynge of Iuda ovvte of prison 1 Machab. 15. The Romans dyd write to divers Kynges in the favour of the Ievves vniustlie oppressed What shall I speake of Alexander the greate that restored Ada the Quene of Caria Or of the foresaide Romans that restored Masinissa the Kynge of Numidia with manie other Kynges Or of our noble Cordell that sett vp agayne in the Royall throne of our Britannie her father driuen from thence by hys two other vnkinde and vnnaturall dowghters Some Princes of this our realme haue in they re greate calamitie amoÌ„ge other kinge Henrie the sixte fownde muche coÌ„forte freÌ„dshippe succour and relief at the kinges handes of Scotlande This Ladie Quene desierethe nowe to taste the like at our Quenes handes Whereby she shall winne greater commendation then did Charles the late Emperour for restoriÌ„ge either of FraÌ„cis Sfortia to the dukedome of Millane or of Muliasses to the kiÌ„gdome of Tunes or of his soÌ„ne kinge Philippe for ê“curinge the restitution of the Duke of Sauoye For this Ladye and Quene ys her most nighe neighbour by place And her nighe cosen and sister by bloude She ys a Quene and therefore this vvere a fitt benefitt for her relief from a Quene Yea she ys as yt were her dawghter bothe by dawghterlye reuereÌ„ce she bearethe her maiestie and by reason she ys of God called to the daughters place in the succession of the crowne yf her maiestie faile of issewe And I dowbte nothinge yf she imploye this motherlye benefitt vpon her but that she shall finde her a myndefull thankfull an obediente dawghter For of all women in this vvorlde she abhorrethe ingratitude She hathe hitherto depended onlye vpon the hope The greate truste that the Quene of Scottes hathe euer had in her deare sister the Quene of EnglaÌ„d to haue helpe and succour of her maiestie geuinge ouer partelye voluntarie partelye at the motion of her maiestie diuers profers of ayde and succour by other mightie and puissante Princes her frendes frelye to her offered reposinge her self vpoÌ„ the fayre and princelye promises that her Maiestie hathe made to her sondrye tymes aswell by lettres as by messengers for her relief when so euer oportunitie shoulde occasion her to craue yt For theys and manye other coÌ„siderations there ys good hope as ys a foresayde that our gratiouse Maistresse will take in hande her restitution Wher vpon I trust shall followe suche farther and entire amitie betwene them bothe and theire realmes that the benefitt fruite and commoditie therof shall plentifullye redowne aswell to all the posteritie of bothe the sayde realmes heare after as to vs presentlie ⧠The printer to the reader I Require aÌ„d hartelie praye the good and louinge reader that yf in this praesent Boke thou finde any alligation not dewlye coted or a poinct out of place a lettre lackiÌ„g or other wise altered as n for u and suche littill light faultes against orthographiae thov wilt neither impute the same to the authour of this worthie Worke nor yet captiouslye controule the errour but rather of thy humanitie and gentilnes amende that which is amisse with thy penne For if thou diddist knowe with what difficulté the imprinting herof was atchiued thou woldest rather curtouslye of frendlye faueur pardon many greate faultes than curiouslye withe rigorouse censure to condemne one litle Christe kepe the in his faithe and feare praesentlie and perpetuallye Amen ⧠A DEFENCE OF THE HONEVR OF THE ryght hyghe ryght myghtye and noble Princesse Marie Quene of Scotlande aâ—d Dowagere of France The fyrste Booke IT WERE to be wisshed that as God and nature hathe moste decentlie ordinatelie and providentlye furnisshed and adorned man with two eyes whie that nature hathe geven co man too eyes and tvvo eares aud but on tongue two eares and butt withe one mowthe and one tongue woÌ„derfulye brydled and kepte in with the lippes the teathe â–ª So men wolde coÌ„sider the cause of yt aÌ„d the greate prouideÌ„ce of God therein And after dewe consideration vse them selues accordingelie Then shoulde we sone learne and practise a good lesson to heare and see manye thynges and yet not to rune headloÌ„ge nor rudelie aÌ„d rashelie to talke of all we here and see But to talke within a coÌ„passe and to referre all our talke to a temperancie and sobrietie and to a knoven tryed trevthe especiallie where the sayde talke maye sownde to the blemishinge and disgracinge of anie mans good name and estimatioÌ„ But nowe a daies the more pittie thereis nothinge almoste but that as sone as yt ys perceaued by the eye or eare must forthwithe be lasshed owte agayne by the mowthe suche a superfluouse and curiouse ytchinge we haue dissolutelie and vnadvysedlie to talke of all matters thowghe they tende to the greate hynderance and infamie of manye of our bretherne And thowghe we be nothinge assured of the certaine trewthe of the matter yea withoute respecte to pryuate or publike persons Of suche vnbrydeled talke no man or woman in our dayes hathe as I suppose more iuste cause to coÌ„plaine then the ryght excellente Princesse ladie Marie Quene of ScotlaÌ„de whose honour manie haue gone abowte to blotte and deface in charginge her most falselie and iniustlie withe deathe of her late husboÌ„de the lorde darley For the defence and mainteynynge of whose innocencye in thys behalf we intende to laye forthe before the gentle reader the moste cheif and principall reasons grounds and arguments where vppon the patrones the inuenters and workers of all theis myscheavouse and develyshe dryfts grownded them selves and all they re owteragyouse doyngs And then consequentlye to infringe and repulse the same For to rehearse answere to and repell all they re assertions and obiections yt woulde require a verie longe tediouse and a superfluouse discourse in as muche as theis iolye gaye oratours measuringe theire doings more by nombre of false obiections then by trewe substanciall and pithie matter to make a goodlie florishe and a trime shewe to face owte and countenance they re craftie iuglings And to cover they re disordered dealings there with all have raked vppe and heaped together onevppoÌ„ an other against they re good maistresse and Sovereyne Quene no small nomber
ys vnlavvfullie vnrightuouslie and disorderlie done Yf yt had bene but a poore priuate maÌ„s cause for the lacke of devve aÌ„d coÌ„uenient forme in the treatinge aÌ„d handlinge therof the Whole ê“cedinge had bene of none effecte or purpose The lavves of vvell ordered coÌ„mon vvealthes especiallie the ciuill lavve The lawe geueth exceptions to the defendaÌ„t agaiÌ„st the iudges the accusers and witnesses the principall aÌ„d maistris of all other ciuill pollices aÌ„d ordinaÌ„ces do require in all iudgemeÌ„ts to be geuen against the defendaÌ„te three seuerall aÌ„d distincte ê‘sons the iudges the accuser aÌ„d the vvitnesses The defendante hathe the benefitt of iuste and lavvfull exceptioÌ„s as vvell against the iudge as against the accusers and vvitnesses Eache of vvhome maye be reiected for open enimitie tovvarde the defendant and for diuers other causes Accusers maye be repulsed some for that they haue receaued a singuler benefitte of the partie defendaÌ„te C. qui accusat non poss l. iniquum l. fi l. q accuss H. de accusat as a bonde man manumitted aÌ„d made free In case he will accuse his patrone and manumissor or yf a man will accuse his educatour and bringer vpp Some for nearenesse in bloudd and consanguinitie as the brother Some for nawghtie aÌ„d in famouse behauiour aÌ„d some for other respects Shal theis vngratefull traytours then that iustlie neither can be iudge nor accuser nor as muche as vvitnes against there souereigne and to them a most gratiouse Quene by anye reason or lavve playe them selues all the three parts iÌ„ the tragedie For they haue in all theis theire vvorshipfull proceadings against her made suche a hotche potche suche a mingle mangle suche a confuse and disordered chaos against iustice and nature that they them selues vvere the accusers they them selues the vvitnesse they them selues the Iudges and examiners of her cause Ys there anie honest meaninge and gentle natured harte that can ons pacientlie abide and suffer to heare theys theire tauntinge and intollerable owteragiouse inueings and accusations especiallie of the Erles Murraye and Morton the Capitaines ringeleaders and cheif practitioners therof against her to Whome they are most deapelie bownde aswel for highe prefermente vndeserued as for diuers pardons of deathe by manifolde treasoÌ„s worthelie deserued To whome the one of them ys by nature aÌ„d bloude albe yt base as a brother entierlie conioined And to Whome they both owght to be with the reste as to theire leage ladie most loyallie subiected Shall they novve vvithe the lorde Lindzaye be admitted to staine and defile her honour to seake her harts bloude Who longe sithens had vvorthelie loste theire ingrate chorlishe traiterouse bloude yf they had not bene preserued by her singulier and incredible clemencie Yet let vs consider theire precise and most holie forme of iudgemente The Quene vvas disorderlie and rebelliouselie appreheÌ„ded she vvas caste in prisoÌ„ not ons hearde to answere for her self most instaÌ„tlie aÌ„d pittifullie crauiÌ„ge audieÌ„ce She vvas forced and constrained by moste vehemeÌ„te and iuste feare to geave over her crovvne and dimisse the regimente to the Erle Murraye One greate argumeÌ„te of the saide constrainte and compulsion amonge other ys that she neuer reade suche vvritiÌ„gs as vvere offered to her A good argumeÌ„te that the Quene by copulsion dimissed the crovvne to be by her subscribed nor entred into anye covenante or talke for the mainteinance of her lyuinge or saufgarde of her lyfe vvhiche thinge she vvolde never by any indifferente mans iudgement haue done yf she had freelie and voluntarilie yelded vpp her regall dignitye Neither can the pretensed parliamente be preiudiciall to her staÌ„dinge vpon no better or suer grovvnde then vppon suche as vve haue rehearsed And vpoÌ„ suche vvorshipfull lettres missive as are by them I can not tell more falselie or more foÌ„delie coÌ„terfeited Suerlie suche traitours as durste laye violente hands vppon theire Quene and intrude theÌ„ selves into the regall gouernemente vvill make but small curtesie in the fainiÌ„ge and forginge a lettre therby to vvorke theire purposed mischeif I vvolde then farder demaunde of them What authoritie they had to somon asseÌ„ble a parliameÌ„te And whether thys facte of hers supposinge she were therein gvviltie deservethe in her beinge a Prince consideringe hovve heinowselie the lorde Darlie had offended her and the crovvne of Scotlande suche extreame punishemente to be levied vpon her for one simple murther especiallie by them that comitted that shamefull murther vpon her secretorie that hathe coÌ„mitted so manie treasons and dailie do comitt so many horrible murthers vpon the Quenes trewe lovinge subiects Howe manie and hovv crewell and terrible deathes suche traitours deserve We haue moreover to demaunde of them whereas they pretende a meruelouse and a singular zeale to religion and holie scripture aÌ„d to measure all theire doings preciselie by scripture and order therof vvhat sufficient vvarrante they haue therein by theire private aucthoritie to sett violente hands vpon theire annointed Prince I finde there that kinge Dauid vvas bothe an adoulterer and also a murtherer I finde that God vvas highelie displeased with hym therefore Yet finde I not that he was therefore by his subiects deposed And here might I take occasion owte of the sacred scriptures to declayme and discourse agaynst your disordered doings but that yt ys neadelesse and our matters othervvise grovve longe But yet consider ye vvithe your selues you the Erles Morraye aÌ„d Morton vvithe your consociates that eauen adioyninge the Quene vvere culpable and in some fault as she ys not in this matter Whether yt had not bene muche better and more auaileable to your comon vvelthe aÌ„d to the state therof prudentlie to haue dissembled the matter as your forefathers haue hertofore done in a greater cause then this namelie in duke Roberte The Duke Roberte of Scotlande the gouernour kinge Roberts Brother then to haue permitted your comon vvelthe to haue comen in to so miserable aÌ„d wretched a state at yt ys novve fallen in and dailie ys likelie to be in vvorse case and vvorse I suppose yt vvilbe fovvnde that yt had bene a muche better pollicie to haue reserued the punishemente therof to Gods ovvne rodd and iustice in this or in any other vvorlde then to haue taken from him that he hathe reserued to his ovvne onlie iudgemente and to haue geaueÌ„ to the subiects of other Princes suche a vvicked presidente that yf theis other subiects treade faste vpoÌ„ your steppes there Will shortelie fewe kings and Princes in christenedome haue any sure and faste holde of theire scepter and royall dignitie We conclude then against you speake and do the vvorste by her that ye can inuente that your ê“cedings be not agreable or correspondeÌ„te to lavve order and iustice And therefore to be reuoked repealed and annulled We saye that the comon rule of the lawe ought heare to take place Spoliatus ante omnia restituendus est vnlesse that where all lawes asvvell Gods as mans lavve do
to travaile muche or farre for the findiÌ„ge oute of this matter For he mowght at all times have fovvnde the heades of the conspiratours vpon the Erle MortoÌ„s his ovvne shulders Th' Erles Murraie mortoÌ„ the heads of the conspiracie against the lorde Darley vve saie farther that as yt ys a straÌ„ge aÌ„d a newe kiÌ„de of deuotioÌ„ in the Erle Murraye so to quarrell for lacke of soleÌ„nitie at the buryall of him for whose saide buriall he longed and loked for so loÌ„ge So we saie likewise that yt seamethe Wonderfull to love him so teÌ„derlie beinge deceased and deade WhoÌ„ he so deaplie hated livinge And to seake so seriouslie and severelie to punishe the murtherers of hym whoÌ„ he wolde so ofte haue murthered hym self This geare seamethe to vs poore simple and slender witted men vnlikelie incredible and half repugnaÌ„te to nature And what soever the cause be we be of that minde that yt ys not like to ê“cede of anye feruente zeale or greate affectioÌ„ he bearethe to the partie or to the executioÌ„ of Iustice. Ye are good Reader desierouse paradueÌ„ture to learne what other cause there might be of so straÌ„ge dealinge Well as straÌ„ge as yt ys we lacke not examples of the like craftie and subtile policie aswell in holie scripture in the monumeÌ„ts of antiquitie of other coÌ„trees as of EnglaÌ„de especialie ScotlaÌ„de yt selfe We finde then in holie scripture that there was one Onias at Hierusalem the high priest a man of singulier vertue and perfection and one that maruelousely tendred God his honour and the honour aÌ„d welth of his countrie There vvas also at the same time one SimoÌ„ a verie eauell disposed aÌ„d vvicked creature which went abowt certaine naughtie and wicked deuises Lib. 2 Machab ca. 3. 4. But seinge that he cold not achiue his mischeuous purpose by reasoÌ„ this blessed man Onias stayed stopped aÌ„d pÌ„uented him he practiseth this vvicked deuise he causeth kinge Seleucus to be informed of the greate and inestimable treasure remaninge and reposed in the temple at Hierusalem vvhere vppon the kinge sent Heliodorus to fetch awaye by force the said treasure But aftervvarde vvhen this purposâ— chaunced to be frustrated aÌ„d voide by reason that this Heliodorus beinge vvonderfullie plaged of God vvas coÌ„strained to forbeare and relinquish this entreprise and the people beinge vvonderfullie offended and in a greate rage to see such a hainous sacrilege attempted What doth nowe thinke ye this good and honest man Simon Surelie he playeth the same part that th'erle Murrie hath plaied vvith his moste gratious Quene openlie charginge the good innoceÌ„t Onias vvith his ovvne shamefull acte and sayinge that he solicited aÌ„d incensed the kinge to robbe and spoile the Temple We finde in the cronicles of our realme PolycronicoÌ„ FabiaÌ„ The cronicles in Engliss preÌ„ted anno 1498. that albeit Vortiger aspiringe to the crowne of the realme actuallie and reallie obtained the same by the murtheringe of kinge CoÌ„stance which was not done without hys craftie incensinge and previe consent yet he preteÌ„ded outwardlie greate sourowe weapiÌ„ge and lamentinge the murther of him the vvhiche he neuer theles locked for And vvas the occasion of the same Hector Boet. l. 11. As for Scotlande I reporte me to the tragicall hystorie of kinge Duffus slaine by a noble man named Dunvvaldus vvho was in greate estimatioÌ„ and aucthoritie wth the saide kinge The Erle of Murra asseÌ„bled to DuÌ„vvaldus that ê“cured the slawghter of kinge Duffus in Scotlande vvhen the kinge vvas a bedd in the Casole wherof this Dunvvaldus had the keapinge he banketed hys chamberlaines and so sore oppressed theÌ„ vvith immoderate surfetinge and drinckinge that vvhen they vvere ons gotteÌ„ abovvte hyghe midnight to sleape in theire bedds ye might haue ronge a greate-bell over theire heades loÌ„ge ere they wolde wake Who beiÌ„ge in theire deade aÌ„d deape sleape the kinge vvas murthered slaine by suche as this noble man had suborned His deade bodie vvas caried avvaie buried in a Riuer The laborers that buried him were also slaine that they might tell no tales In the morninge the kinge vvas missinge his bed vvas fownde â—mbrevved with bloud his drovvsie drunken chamberlaines that leaste knevve of the matter vvere had in greateste suspition aÌ„d With ovvte farther delaye by the sayde Dunvvaldus like a man zealouse to punishe malefactrÌ„s vvere slaine and put to deathe No man beinge farther a greate vvhile from suspition then he vntill firste his ovvne ouer busie searchiÌ„ge for the murtherers aÌ„d afterwarde other thiÌ„ges breade vppon him suche suspition that he vvas thervpon apprehended and beinge fownde gwiltie worthelie executed Idem lib. 16. The like praÌ„ke Played Duke Robert brother to the kinge of ScotlaÌ„de aÌ„d gouernour of the realme of vvhome vve spake before The like ê“te played by Duke Robert in Scotlande He procured the Prince his nephevve to be made avvaye aÌ„d murthered And yet pretendinge him self as holie as the E. Murraye dothe to be zealouse in the punishinge of such an heinouse facte caused certaine innocente ê‘sons to be executed therefore We saye then that the Erle Murrayes doinges ê“cede not from anie greate care he hathe to the maintenaÌ„ce of lawe and iustice vvho ys most culpable him self But onlie colorablie to cloke and hide his ovvne mischeuouse trecheries and to turne the blame of the fault from him self vpon his good ladie and Quene from whose person yt ys farthiest Wherof they them selues gaue in manner plaine testimonie and vvitnes For thowghe they had openlie in theire pretensed and disordered parliamente detected her therof yet before the Quene of Englands comissioners they alleaged other matters as her voluntarie resignation of her crovvne c. The vvhich allegations when they vvell savve The Erle Murraye aÌ„d his fellovves beynge driueÌ„ from all shiftes at leÌ„gth layd to they re Quene the deathe of the lor. Darley before the Quene aÌ„d consaile of EnglaÌ„de vvolde not serue theire turne and that men did vnderstande hovve aÌ„d after vvhat sorte they had ê“ceaded against her in ScotlaÌ„de they vvere as yt vvere driueÌ„ and forced beinge excluded from all other appareÌ„te shifts after seauen or eighe vvekes aduisemeÌ„t after theire first inuectiue to obiecte the saide facte Wherof the good innocent Quene hearinge and astonied at theire strange and contumeliouse canuasings and impudeÌ„cie in theire doinges aÌ„d beinge sithe her apprehension crediblie enformed aÌ„d by appareÌ„cie of matter aÌ„d proof therof lead aÌ„d induced to beleaue aÌ„d geue creditt that this vviked entreprise vvas chefelie inuented aÌ„d coÌ„passed by the Er. Murraye aÌ„d mortoÌ„ made earnest suite by her coÌ„missioners to her God sister our noble Quene to arrest them that they shoulde not shrincke awaye aÌ„d departe vntill they had ansvvered that matter for them selues which she fullie inteÌ„ded moste effectuallie to prosequute against them and others And so did accuse them in deede by her comissioners And desidered farther that she might come in her ovvne person before her
vertues in your Quene her mercie and clemencie are singuler and peerelesse The Quene of Scotts full of mercie She seamethe vvell to haue learned that lesson of the ghospell Yf thy brother do offende the forgeve him not onelie seaven times but seventie times seaven times She vvill not onelie forgeve but forgett also She neither ys ignorante in vvhat state her realme standethe in nor that extreame severitie from the whiche she naturallie abhorrethe ys not of all other times nowe against suche as vvill imbrace mercie offered them to be shevved and practised She vvill rather like the lawe of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 oblivioÌ„ aÌ„d forgetfulnes so muche of the olde Writers comended The greate benefitt wherof ye haue so often aÌ„d so aboÌ„dantlie receaved at her hands And therefore ye neade the lesse to feare the discontinuance of your highe and honorable estate and condition As for shame yt staÌ„deth in the euill doinge yt self and not in the amendinge and reforminge of yll deeds vvhiche amendemente and reformation yf ye ernestlie and trevvlie minde yt vvilbe to the greate contentation of your most gratiouse Quene and of all her louinge subiects And in so doinge you shall bothe highelie auance your honorable estate and estimation aÌ„d make her a good amends for that vvhich ys paste aÌ„d can not be reuoked But on the other side yf ye geue ouer and refuse this occasion novve presente and goo forevvarde vvith your rebelliouse entreprises and attemptes mindinge to abide and trie the vttermoste ye moste vvilfullie cut avvaye and exclude from your self all good hope of mercie and pardon and take a vvronge vvaye for your ovvne sauftie and preseruation For your cause ys navvght and so ye vvell knovve yt to be And therefore can ye not loke to haue and obtaine a good prosperouse successe and ende therof Well ye maye as hitherto ye haue done tosse turmoile aÌ„d tumble all things vpside dovvnevvards for a vvhile But be ye assured that gods hande Will fall aÌ„d light the heuier aÌ„d With a greater paise vpoÌ„ you at the lengthe therefore Yt ys easie to be seen by the course of all times The ende of rebelles euer vnhappie as vvell by your ovvne verye histories at home as by the cronicles of all other nations abrode to vvhat ende commonlie suche seditiouse conspiracies and treasons do come to that ys to the vtter ouerthrowe and confusion for euer of theis ê‘sons that vvorke attempt practise or mainteine the same They seame for a vvhile to beare greate svvaye and all the vvorlde for a vvhile to ruÌ„ne vvith them But in the ende they fayle and are cleane geaueÌ„ ouer What meruaile were yt yf a hovvse shoulde not longe continevve that ys builded but vpon a yeldinde sandie grovvnde Ye haue builded aÌ„d fovvnded all your doinges vpoÌ„ vntrue and lienge slaunders and treacherouse treasons agaiÌ„st your dreade Souereigne The sincere veritie vverof vve haue herein trevvlie doclared The vvhiche beinge ons throvvghlie detected aÌ„d euideÌ„tly knovven to suche as ye haue in Scotlande craftelie abused aÌ„d shamefullie circumueÌ„ted as suerlie yt dailie burstethe ovvte more and more ye shall se your self sodenlie lefte naked aÌ„d quite forsaken eauen of those vvho haue bene your greattest assisters aiders and furtherers For as the olde prouerbe ys truthe ys the Davvghter of time And as ye shal be lefte alone at home so can ye not loke fo maintenance and vpbearinge of forraine Princes They vvill not defyle them selues and theire honorable vocation vvithe helpinge so fovvle a cause and so daungerouse and perillouse a matter that maye tende to the molestation and hurte not onlie of theire ovvne state but of the states of all kinges christened Other PriÌ„ces vvill not suffer the Quene of Scottes to be iniuried by her subiectes Naye ye muste rather thincke that other Princes vvill iudge and take yt to tovvche them to nighe to suffer suche a villainie to passe and escape vnreuenged and so good a ladye to be lefte destitute and desolate The emperour vvill not beare yt France vvill not beare yt Spaine vvill not beare yt And especiallie our noble Quene of Englande vvith her vvorthie nobilitie vvill not beare or suffer suche outragiouse dealinges against her next louinge neighbour and deare sister yea againste the heire apparenre of this most noble realme Albe yt that ye vvithe your surmised lies the better to mainteine your vsurped and nevve erected kingedome make her to be in feare of her ovvne state in case she shoulde restore the saide innocente Quene to her crowne agayne The ende of the firste booke ⧠THE SECONDE BOOKE TOWCHINGE the right title and interest of the foresaide Ladie Marie Quene of Scotlande to the Succession of the crowne of Englande THE greate providence good Reader of the eternall God who of nothinge created al thinges did not onlie create the same by his ineffable povver but by the same power gaue a speciall gifte and grace also to euerie livinge thinge to coÌ„tinevve to renevve and to preserue eche hys ovvne kinde But in this consideration the condition of man amoÌ„ge and aboue all earthlie thinges hathe his peerlesse prerogatiue of vvitt and reason Man only hath the pÌ„rogatiue of witt reasoÌ„ amoÌ„ge all earthely creatures vvhere vvithe he onlie ys of God gratiouslye endewed and adorned By the which he dothe ê“vide not onlie for hys praesente necessitie and savegarde as do also naturalie after theire sorte all beastes all other lyuiÌ„ge thynges voide of reason but also by pregnancie of wytt and reasonable discourse doth longe afore foresee the dangerouse perilles that manie yeares after maye happeÌ„ either to him self or to hys contrey And then by diligence and carefull provision dothe inuente apte and mete remedies for the eschevvinge of suche mischeives as might ovvtragiously aftervvarde occurre And the greater the feare ys of greater mischeif the greater the deaper and the spedier care ys vvonte to be taken Men are moste bouÌ„de to the pÌ„seruation of theire contrey to praevente and cutt of the same Yt ys also moste certaine by the confession of all the vvorlde that this care ys principallie devve by eche man that hathe oportunitie to do good therein to hys Prince hys coÌ„try and to the comon vveale and good quiet of the cuntrey for the continuance and happie praeseruation of the same To the praeseruation vvherof as there are manie partes and branches belonginge so one principall parte ys for subiectes lovinglie aÌ„d revereÌ„tlie to honour A greate coÌ„moditye to the comoÌ„ vvealthe to knovve the heire apparente dreade and obedientlie to serue theire Sovereigne that chauncethe presentlie to rule and governe The next to foreknovve to vvhom they shoulde beare theire alleageaÌ„ce after the decesse of theirefore saide Prince and gouernour Whiche beinge ons certaine and assuredly knowen as yt procureth vvhen the time requirethe readie and seruiceable obedieÌ„ce vvithe the greate comforte and vniuersall reste and quietnes of the subiects So vvhere for the saide successour
that yt was never taken to exteÌ„de vnto the crovne of this realme of EnglaÌ„de as yt maie appeare by kinge StepheÌ„ by kinge HeÌ„rie the secoÌ„de who were both straÌ„gers FreÌ„ch meÌ„ And borne oute of the kiÌ„ges allegiaÌ„ce and neither vvere they the kinges children immediate nor theire pareÌ„tes of the allegiance And yet they haue bene alwayes accompted lawfull kinges of Englande nor theire title vvas by any man at any time defaced or comptrolled for any suche consideration or exceptioÌ„ of forren birthe And yt ys a worlde to see hovve you vvolde shifte your handes from the saide kinge Henrie Ye saie he came not to the crovne by order of the lavve The aduersaries obiectioÌ„ tovchinge kinge H. 2. avoided but by capitulatioÌ„ or agrement for as muche as his mother by whome he conveied hys title vvas then livinge Well admitt that he came to the crowne by capitulation duringe his mothers life Yet this dothe not proue that he vvas dishabled to receaue the crovvne but rather proveth his abilitie And althovvghe I did also admitt that he had not the crovvne by order of the lavve duringe his mothers life yet after his mothers deathe no man hathe hytherto dovvbted but that he vvas kinge by lavvfull succession and not againste the lavves and customes of this realme For so might you putt a dovvbte in all the kinges of this realme that ever gouerned sithens and driue vs to seake heires in Scotlande or elles where whiche thinge we suppose you are over vvise to goo abowte Besides this I haue harde some of the adversaries for farther helpe of theire intention in this matter saie that kinge Henrie the seconde vvas a Quenes childe and so kinge by the rule of the common lavve Trevvlie I knovve he vvas an Empresse childe but no Quene of Englandes childe For althovvghe Mavvde the Empresse his mother had a right and a good title to the crovvne and to be Quene of EnglaÌ„de Yet vvas she never in possessioÌ„ but kept from the possession by kinge Stephen And therefore kinge Henrye the seconde can not iustlie be saide to be a Quene of Englandes childe nor yet any kinges childe vnlesse ye wolde intende the kinges children by the wordes of infantes de Roy c. to be children of farder degree aÌ„d discended fom the right line of the kinge so ye might saie trevvlie that he vvas the childe of kinge Henrye the firste beinge indede the soÌ„ne and heire of Mavvde the Empresse davvghter and heire of kinge Henrie the firste As tovvchiÌ„ge Arthure kiÌ„ge Richardes nephewe Whereby your saide rule ys here fovvlie foiled And therefore ye Wolde faine for the maintenance of your pretensed maxime catche some holde vppoÌ„ Arthure the sonne of Ieffrey one of the sonnes of the saide Henrie the seconde Vt autem pax ista summa dilectio tam multiplici q arctiori viÌ„culo coÌ„nectaâ— pÌ„dictiscuriae vestriae magnatibê° id ex ê‘te vrÌ„a tractaÌ„tibê° dnÌ„odisponeÌ„te condiximê° intet Arthurum egregiuÌ„ ducem Britanniae nepoteÌ„ nostruÌ„ heredeÌ„ fi fortè sine ê“le obire nos coÌ„â—gerit filiaÌ„ vestraÌ„ matrimoniuÌ„ coÌ„trahenduÌ„ c. Ye saye then like a good and iolie antiquarie that he vvas reiected from the crovvne by cause he vvas borne ovvte of the realme That he vvas borne ovvte of the realme ys verie trevve but that he was reiected from the crovvne for that cause yt ys verie false Neither haue you any aucthoritie to proue your vaine opinion in this pointe For yt ys to be ê“ued by the cronicles of this realme that kinge Richarde the first vncle vnto the saide Arthure takinge his iorney tovvarde HierusaleÌ„ declared the saide Arthur as vve haue shevved before to be heire apparente * In tractatu pacis inter Rich. 1. TancreduÌ„ RegeÌ„ Siciliae vid. Rog. Hoâ—enden Richar. canonicuÌ„ sancta Trinitatis Londini vnto the crowne Whiche vvolde not haue bene yf he had bene taken to be vnhable to receaue the crowne by reasoÌ„ of foreÌ„ birthe And althovvghe kinge Iohan did vsurpe aswell vpoÌ„ the saide kinge Richarde the firste his eldest brother as also vpon the saide Arthur his nephevve yet that ys no proof that he vvas reiected by cause he vvas borne owte of the realme Yf ye colde proue that then had ye shewed some reason and presidente to proue your intente Whereas hitherto you haue sheued none at all nor I am Well assured shall euer be able to shevve Thus maye ye se geÌ„tle reader that neither this pretensed maxime of the lavve sett forthe by the aduersaries nor a greate noÌ„ber more as generall as this ys which before I haue sheued can by anye resonable meanes be stretched to biÌ„de the crovvne of EnglaÌ„de Theis reasons aÌ„d auctorities maye for this time suffice to ê“ue that the crowne of this realme ys not subiecte to the rules and the principles of the common lavve neither can be ruled and tried by the same Whiche thinge beinge trevve all the obiections of the aduersaries made against the title of Marie the Quene of Scotlande to the successioÌ„ of the crovvne of this realme are fullie ansvvered and thereby clierlie vviped avvaye Yet for farther argumentes sake and to the ende vve might haue all matters sifted to the vttermoste and therby all thinges made plaine Let vs for this time some vvhat yelde vnto the aduersaries admittinge that the title of the crovvne of this realme vvere to be examined and tried by the rules and principles of the common lavve aÌ„d then lett vs consider and examine farther whether there be any rule of the common lavve or elles statute that by good and iuste construction can seame to impugne the saide title of Marie the Quene of Scotlande or no. For tovvchinge her lineall descente from kinge Henrye the seauenthe and by his eldeste davvghter as we haue shevved there ys no man so impudeÌ„te to denie yt What ys there then to be obiected Amonge all the rules maximes aÌ„d iudgementes of the common lavve of this realme onlie one rule as a generall maxime ys obiected against her And yet the same rule ys so vntrevvlie sert forthe that I can not vvell agree that yt ys any rule or maxime of the comon lawe of this realme of Englande Your preteÌ„sed Maxime ys who soeuer ys borne ovvte of the realme of Englande A false maxime set forthe by the aduersarie and of father aÌ„d mother not beinge vnder the obedience of the kinge of Englande can not be capable to inheriteany thinge in EnglaÌ„de vvhich rule ys nothinge trevve but altogether false For euerie stranger and alien ys able to purchasse the inheritance of landes vvithin this realme as yt maye appeare in 7 7. E. 4. fol. 28. 9. E. 4. fo 5. 11. H. 4. fol. 25. 14. H. 4. f. 10. 9 of kinge Edvvarde the fovvrthe And also in 11 14 of kinge Henrie the fovvrthe And altovvghe the same purchasse ys of some men accompted to be to the vse of
magis Beside that I wolde faine knowe by what reason might a man saie that they of the kinges bloudd borne owte of the allegiance of Englande maye inherite laÌ„des with in this realme as heires vnto theire Auncetours not beinge able to inherite the crowne Trewelie in myne opinion yt were against all reason But on the coÌ„trarie side the verye force of reasoÌ„ muste driue vs to grauÌ„te the like Yea more greate aÌ„d ample priuilege and benefitt of the lawe in the successioÌ„ of the crowne For the royall bloude where soeuer yt be fownde The royall bloud bearethe hys honour withe yt wheresoeuer yt be will be taken as a praecious and singuler Iewell and will carrye with yt his worthie estimation aÌ„d honour with the people and where yt ys dewe his right with all By the ciuill lawe the right of the inheritance of priuate persons ys hemmed and ynched with in the baÌ„des of the tenthe degree Vide Ant. CorsetuÌ„ de potest excell regia q. 106 The bloude royall ronnethe a farther race and so farther race aÌ„d so farre as yt maye be fownde where withe the greate aÌ„d mightie coÌ„querers are gladde and fayne to ioyne with all euer fearinge the weaknes of theire bloudie sworde CoÌ„querers gladde to ioynewith the royall bloude in respecte of the greate streÌ„gth and force of the same For this cause was Henrie the firste called for his learninge aÌ„d wisdome Beauclerke gladde to consociate and cupple him selfe with the Auncient royall bloude of the Saxones Henrie the first which coÌ„tinewinge in the princely successioÌ„ from worthy kinge Alured was cutt of by the deathe of the good kinge Edwarde And by the marienge of Mathildis beinge in the fowrthe degree in liniaâ—l discente to the saide kinge Edwarde Was reuiued and revnited From this Edvvarde the Quene of Scottes as vve haue before shewed takethe her noble anciente petigrevve Theis then and diuers other reasons cavses moo maie be alleaged for the vvayeÌ„ge aÌ„d settiÌ„ge forthe of the trevve meaniÌ„ge inteÌ„te of the saide l. vve Novve in case theis tvvo cavses coÌ„sideratioÌ„s vvill not satisfie the adversarie We will adioyne ther vnto a thirde Whiâ—he he shall never by any good honeste shifte avoide And that ys the vse aÌ„d practise of the realme aswell in the time foregoinge the saide statute as after vvarde We stande vpon the interpretatioÌ„ of the coÌ„mon lavve recited declared by the saide statute And hovve shall vve better vnderstaÌ„de vvhat the lavve ys therin l. fi ff de le theÌ„ by the vse and practise of the saide lavve CoÌ„moÌ„ vse aÌ„d practise the beste interpretation of the lavve For the beste interpÌ„tatioÌ„ of the lawe ys custome But the realme before this statute admitted to the crovvne not onlie kinges children and others of the first degree but also of a farther degree And suche as vvere plainely borne ovvte of the kinges allegiaÌ„ce The foresaide vse and practise appearetheâ— EodeÌ„ Anno Rex cuÌ„ in diebus suis ê“cessissâ—â— AeldreduÌ„ VigornieÌ„sem EpÌ„um ad regem Hungar. traÌ„smitteÌ„s reuocauit inde filiuÌ„ fâ—is sui EdmuÌ„di Edvvardum cuÌ„ tota familia sua vt vel â—pse vel filij eiê° sibi succederent in regnum Flor. â—ist An. 1057 â–ª Flor. hist. 1066. vell before as sithens the time me of the conqueste Amonge other kinge Edvvarde the coÌ„fessour beinge destitute of a lavvfull heire vvith in this realme sent iÌ„to HuÌ„garie for Edward his nepheve surnamed Owtlavve sonne to kinge Edmunde called IroÌ„side after many yeares of his exile to retorne into EnglaÌ„de to the intente the saide Ovvtlavve shoulde inherite this realme which neverthelesse came not to effecte by reason the saide Ovvtlavve died before the saide kinge Edward his vncle After vvhose deathe the saide kinge appointed Eadger EtheliÌ„ge soÌ„ne of the saide Ovvtlavve beiÌ„ge his nexte cosen aÌ„d heire as he vvas of right to the crovvne of EnglaÌ„de And for that the saide Eadgar vvas then but of yoÌ„ge and reÌ„der yeares aÌ„d not able to take vpoÌ„ him so greate a gouernemente the saide kinge coÌ„mitted the protection asvvell of the yonge PriÌ„ce as also of the realme to Harold Earle of kente vntill suche time as the saide Eadger had obteined perfecte age to be able to Weilde the state of a kinge Aelred RhievaleÌ„s de regib Which Harolde neverthelesse coÌ„trarie to the truste supplaÌ„ted the saide yoÌ„ge Prince of the kingdome Anglor ad regem Henr. 2. aÌ„d putt the crovne vpoÌ„ his owe head By this yt ys apparante that forrain birthe was not accompted of before the time of the coÌ„queste a iuste cause to repell and reiecte any man beinge of the nexte proximitie in bloude from the title of the crowne And thowghe the saide kinge Edwarde the confessors will aÌ„d purpose toke not suche force aÌ„d effecte as he desidered and the lawe craued yet the like successioÌ„ toke place effectuouslie in kinge StepheÌ„ and kinge Henrie the seconde Kinge Stephen and k. H. 2. as we haue alredie declared Neither will the aduersaries shifte of forriners borne of father and mother which be not of the kinges alleageance helpe him For as muche as this clawse of the saide statute ys not to be applied to the kinges childreÌ„ The adâ—er saries seamed by imaginatioÌ„ that kinge HeÌ„ry the 2 shouldecome to the crowne by compositioÌ„ aÌ„d not by ê“ximitie of bloudâ— but to others as appearethe in the same statute And theis two kinges Stephen and Henrie the seconde as they vvere borne in a forraine place so theire fathers and mothers vvere not of the kinges alleageance but mere aliens and strangers And hovve fonde notoriouse a vaine thinge yt ys that the aduersarie vvolde persvvade vs that the saide kinge Henrie the secoÌ„de rather came in by force of a composition then by the proximitie and nearenes of bloude I leaue yt to everie man to consider that hath any manner of fealinge in the discourse of the stories of this realme The composition did procure him quietnes aÌ„d reste for the time vvith a good and suer hope of quiet aÌ„d peaceable entraÌ„ce also after the death of kinge StepheÌ„ And so yt follovved in * Rex Stepha nê° cuÌ„ hereâ—â— viduatuspÌ„ter solummodo duceÌ„ HenricuÌ„ recogâ—ouit in coÌ„ueÌ„tu â—piscopoâ—uÌ„ alioruÌ„ de regno optimatuÌ„ ê™ dux HeÌ„ ius hereditariuÌ„ in regnuÌ„ Angliae habebat dux benigne concâ—ssit vt Rex Stephanus tota vita sua suuÌ„regnuÌ„ pacifice possideret â—ta tameÌ„ coÌ„firmatuÌ„ est pactuÌ„ qd ipse rex ipsi tune pÌ„seÌ„tes cuÌ„ caeterisregni optimatibus iurareÌ„t qd dux H. post morteÌ„ regis 〈◊〉 superuiueret reguuÌ„ fine aliqua contradictione obtineret deede but there grevve to him no more right thereby theÌ„ was duë to him before for he was the trewe heire to the crowne as appearethe by Stephen his aduersaries ovvne confession Henrie the firste married his davvghter Mathildie to Henrie the Emperour by vvhom he had no children
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌ„de After vvhose deathe she retorned to her father yet did kinge HeÌ„ry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ„ the saide kinge did reuiue aÌ„d renevve the like othe of allegeaÌ„ce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌ„de imagination to vvchyngeâ—k Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ„ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌ„ge other thinges by kinge Richard the secoÌ„d who succeded his grandfather kinge Edwarde the thirde which Richarde had diâ—ers worthy aÌ„d noble vncles who neither for lacke of knowledge coulde be ignoraÌ„te of their right Diuersitie of opinioÌ„s towchinge the vncle aÌ„d nephewe whether of them ovvght to be preferred in the royall gouernemeÌ„t neither for lacke of Frendes cowrage aÌ„d power be enforced to forbeare to chaleÌ„ge theire title aÌ„d intereste yet shoulde he haue had some countenance of reason aÌ„d ê“babilitye by cause many argumeÌ„tes aÌ„d the authoritie of many learned aÌ„d notable ciuiliaÌ„s do coÌ„curre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ„ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ„ taken for other then for an vsurper by excludinge him The possessioÌ„s of the crowne of â—nglands that were beyoÌ„de the seas seased into the Frenche kiÌ„gs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ„ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ„ by the practise and ambitioÌ„ of Quene Elenour hys mother aÌ„d by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ„ hym self which moste fowle and shamefull acte the saide IohnÌ„ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌ„de And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâ—hur in Bristowe castle where she miserablie ended her life Yf that gaâ—e Maxime wolde have serued to have excluded theis two children by cawse theye were straÌ„gers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ„ that the birthe owte of the legeance of Englande by father aÌ„d mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌ„de beinge then at dissention with the saide kinge IohnÌ„ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌ„s kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ„ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌ„che kinges sonne claimed the crovne of this realme iÌ„ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France †Pro here ditatevxoris iâ—re scilicet neptis Reg Io. vsque â—d mortem 〈◊〉 necessitas exigeret decertabâ— pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌ„ples are sufficieÌ„te I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâ—aued for a good suer aÌ„d substanciall interpÌ„tation of the coÌ„mon lawe And yt were not altogether froÌ„ the purpose here to coÌ„sider aÌ„d weighe with what aÌ„d howe greauouse plagues this realme hath bene ofte afflicted aÌ„d scowrged by reason of wroÌ„gfull aÌ„d vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌ„d noÌ„ber of the same plagues aswell otherwise as especiallie by the contentioÌ„ of the noble howses aÌ„d famelies of yorke aÌ„d LaÌ„caster â–ª Seinge yt ys so fortunatelie and almoste with in maÌ„s remeÌ„braÌ„ce extiÌ„ctâ— aÌ„d buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌ„r Hunt histâ— Angliae li. 6. I will nowe putt the gentle Reader in remeÌ„braÌ„ce of those onlie with whose vsurpinge titles we are nowe pÌ„sentlie in haÌ„de And to begiÌ„ne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
became I praye you of Harolde that by briberie aÌ„d helpe of his kiÌ„red vsurped the crowne against the foresaide yonge Eadgar as I haue saide aÌ„d as the olde monumeÌ„rs of our historiopraphers do plainlie testifie was the trewe aÌ„d lawful hâ—ire Cui de iure debebatÌ„ regnuÌ„ Anglo ruÌ„ Io. â—od in chronic Angliae Coulde he thincke you enioye his ambitiouse aÌ„d nawghtie vsurpinge one whole aÌ„d eÌ„tier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled aÌ„d turned owt bothe of crovne aÌ„d †Rex Edvvardê° misit c. Vt velâ—pÌ„e Edvvardê° vel filiae eâ—ê° sibi succedereÌ„t c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all FadeÌ„ verba sunt in Mat. vvestmo 1Ì„ flor hist Anâ—o 1066. Yea his vsurpatioÌ„ occasioÌ„ed the coÌ„queste of the whole realme by williaÌ„ Duke of NormaÌ„die bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe aÌ„d sownde nowe from like danger yf vve shoulde treade the saide vvroÌ„ge steppes vvithe Harolde forsakinge the right aÌ„d highe vvaye of lavve aÌ„d iustice What shall I nowe speake of the crevvell aÌ„d ciuill vvarres betvvene kinge Stephen and kinge HeÌ„rie the secoÌ„de Which vvarres rose by reasoÌ„ the saide HeÌ„ry vvas vniustlie kepte froÌ„ the crovne devë to his mother mavvde aÌ„d to him aftervvardes The petifull reigne of the saide IohnÌ„ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpiÌ„g of kinge Harrold K. Stephen and IohnÌ„ aÌ„d vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the coÌ„mon lavve for our purpose And lôa the greate goodnes and ê“uidence of God vvho hathe yf the foresaide exaÌ„ples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge HeÌ„rie the seaveÌ„the vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficieÌ„t inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth senâ—e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interpÌ„tour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right aÌ„d title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the coÌ„queste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so coÌ„sequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructioÌ„ of the kinge him self I saye theÌ„ the vvise worthy SalomoÌ„ foreseinge that suche deuolutioÌ„ might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasoÌ„ of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and â—klender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childreÌ„ to the first degre onlie Of the like weight ys his other consideration imageninge aÌ„d surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the coÌ„mon lawe Whiche to saie ys moste directlie repugnaÌ„te and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as IohnÌ„ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile IohnÌ„ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece IohaÌ„ dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes IohaÌ„ dawghter to his brother Thâ— mas of Wodstocke Duke of GloÌ„cester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womeÌ„ coulde have enioyed the crowne of Englande wheÌ„ yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncientâ— presidentes and examples that we
Yt ys agayne to be remembred that often times the lawe dothe aswell wey the creditt as nomber the persons of the wytnesses AlÃas sayeth Calistratus numerus alÃas dignitas authoritas confirmat rei de qua agitur fidem Accordynge to this saiet halso Arcadius confirmabit iudex motum animi sui ex argumentis testimonijs que rei aptiora vero proximiora esse compererit non enim ad multitudinem respicere oportet sed ad sinceram testimonioruÌ„ fidem testimonia quibus potius lux veritatis assistit Yt hathe not lightlie bene harde or seen that men of suche state and vocation in so greate weightie a cause wolde incurre firste the displeasure of God theÌ„ of theire PriÌ„â—e aÌ„d of some other of the beste sorte yf theire depositioÌ„s were vntrewe and wolde purchase theÌ„ selffes dishonour slaunder and infamie Yea disclose theire owne shame to theire owne no manner of weye hoped coÌ„moditie nor to the commoditie of other theire frendes or discoÌ„moditie aÌ„d hurte of theire enemies This sufficieÌ„tlie dothe purge them I will not saye of theire facte and faulte yet from all sinister suspition for this theire deposition and testimonie theire depositioÌ„ proceadinge as yt plainlie seame the from no affection corruptioÌ„ or parcialitie but from a zeale to the trewthe and to the honour of the realme And thowghe parchance yf they had bene therof iudiciallie coÌ„uicted and condempned No iuste cause to repâ—ll the testimonie of the Lorde Pagett aÌ„d others and had not by devve penaunce theÌ„ selves reformed some exceptions might have bene layed againste theÌ„ by any ê‘tieie iudiciallie convicted for his better advantage Yet as the case standethe nowe there ys no cawse in the worlde to discredit theire testimonie Yea and by the vvaye of accusation also suche persons as be otherwise dishablet are in treason aÌ„d other publike matters tovvchinge the state enhabled bothe to accuse and testifie l. famosi ff ad l â—ul maresci l. mulier ff de accusa As for the eleven vvitnesses the beste of them Syre Iohan Gates we knovve by what meanes ys departed owte of this life One other the saide willim Clarke ys so gone from them that he geveth good cause to misdeame and mistruste the Whole matter Hovve manie of the residevve live I knovve not To whoÌ„ parchance some thinge might be saide yf vve ons knowe what theÌ„ selues saye Which seinge yt dothe not by authenticall recorde appeare bare names of duÌ„me witnesses can in no wise hinder and deface so solempne a testimonie of the foresaide Lorde Pagett and Syre Edvvarde Mountagevve Neither ys the difficultie so greate as the aduersaries pretende in provinge negatiuam facti Which as we grante yt to be trevve Hovve a negatiue maye be proued vvhen yt standethe vvithin the limittes of a mere negatiue so beinge restrained and referred to time and place maye be asvvell proved as the affirmatiue Glos. doct c. bonae de elec Yt appearethe novve then by the praemisses that the adversaries argumeÌ„tes wherby they wolde weakeÌ„ and discreditte the testimonie either of the witnesses or of the executours that haue or maye come in against the saide pÌ„teÌ„sed vvill are but of small force and strengthe A suê‘ficiall rethoricke of the aduersarie And especiallie theire slender exaggeration by a superficiall rethoricke enforced wherebye they wolde abuse the ignoraÌ„ce of the people and make them beleue that there was no good and substanciall proufe browght furthe againste the forgerie of this supposed will bycause the vntrewthe of the same was not preached at Pawles crosse and declared in all open places and assembles throwghe the realme When they knowe well â—â—owghe that there was no necessitie so to do And that yt was notoryouslie knowen by reason yt was disclosed by the saide Lorde Pagett as well to the counsaile as to the hier and lower howse of the parlemente And the foresaide forged recorde in the chauncerie thervpon worthelie defaced and abolished The disclosinge Wherof seinge yt came forthe by suche Howe wheÌ„ the later testimony ys to be accepted before the former aÌ„d in suche sorte and order as we have specified As yt dothe nothinge deface or blemishe the testimonie geven againste the saide supposed will whether yt were of anye of the witnesses or executours so ys there no neade at all whye anye other witnesses besides those that have alredie impugned the same shoulde be nowe farther producted I denie not but that yf any suche witnes or executour had vpon his othe before a lawfull Iudge deposed of his owne certaine notice and knowledge that the saide will was signed with the kinges owne hande In case he shoulde afterwarde coÌ„trarie and revoke this hys solempne deposition yt owght not lightlie to be discredited for any suche contradiction aftervvarde happeninge But as I haue saide suche authenticall and ordinarie examinations and depositions we finde not nor yet heare of any suche so passed Novve contrarivvise yf anye of the saide Witnesses or executours haue or shall before a competente Iudge especiallie not producted of any partie or against any partie for any private suite commenced but as I haue saide moved of conscience onlie and of a zeale to trevvthe and to the honour of God and the realme frelie and voluntarily discover and detecte suche forgerie althovvghe parchance yt tovvchethe them selues for some thinge donne or saide of them to the contrarie or beinge called by the saide competente iudge haue or shall declare and testifie any thinge against the same this later testimonie maye be vvell credited by good reason and lawe Where as novve they vvolde inferre that either this pretensed vvill vvas kinge Henries vvill or that he made none at all I do not as I haue saide intende nor neade not curiouslie to examine discusse this thinge as a matter not apparteyninge to our principall purpose And vvell yt maye be that he made a vvill conteininge the vvhole tenour of this pretensed vvill sauinge for the limitation of the crowne and that theis supposed witnesses vvere presente either vvhen he subscribed the same vvith his owne hande or vvhen by his commandemente the stampe of the vvhich and of his ovvne handâ— the commoÌ„ sorte of men make no difference as in deede in diuerse other cases there ys no difference which theis vvitnesses might take to be as yt vvere his ovvne hande vvas sett to the vvill This I saye might after some sorte so be and yet this not vvithe standinge there might be as there vvas in deede an other vvill towchinge the pretensed limitation of the crowne by the kinges owne haÌ„de counterfeited and suborned after his deathe falselie and colorablie bearinge the countenance of his owne hande and of the pretensed witnesses names Hovve so euer yt be yt ys but to small purpose to goe abovvte any full and exquisite ansvvere towchinge this pointe seinge that neither the originall surmised vvill Wherof theis vvitnesses are supposed to be priuie ys extant
not when there ys a lawfull and ordinarie succession As vvas euen amonge the Iewes from kinge Dauidis time albe yt he and kinge Saule before him came in by goodes and the peoples speciall election Wherfore I do admitt your principle to be vvell grownded vpon scripture that the choise and election of Princes muste be directed aÌ„d measured by godes holye worde will and pleasure What then I wolde fayne knowe by what logike by what reason a man maye thus conclude We owght to chose no stranger to our prince Ergo a stranger thowghe he be the iuste and nexte inheritour to the crowne muste be displaced The one dependethe of our owne free will and election Greate difference betwene succession election which we maye measure and rule as vve see good cause The other hangeth onlye vpon the disposition and prouidence of God There we maye picke owte choice Here we muste take suche as God sendethe There consente bearethe the stroke Here proximitie of bloude bearethe the swaye There vve offer no iniurie to any partye in acceptinge the one and leauiÌ„ge thother Here do we iniurie to God that dothe sende and to the partie that ys by him sente And to saye the trewthe it is but a maleparte controulemente of godes owne direction and prouidence For in the former parte we be the chosers and muste directe and gouerne our choice by reason and disctetion by the merite and worthines of the person Here all the choice all the voices are in godes hande onlie As good right hathe the infante in the svvadlinge clowtes as hathe any man called at hys perfecte age aÌ„d wisedome Yt ys a trewe saieÌ„ge Christiani fimus August de merit remis pec coÌ„tra Pel. l. 3. â— 8. 9 tom 7. iÌ„ questi ex nouo test c. 8. tom 4 we are made christian men we are not borne christian men Non nascimur But in this case of succession Reges nascuntur non fiunt meÌ„ are borne and noâ— made kynges Let this fellowe therefore coÌ„clude as strongelie as he can or will againste the chosinge of straÌ„gers Yet yf he briÌ„ge forthe no place oute of scripture against the succession of a stranger claiminge by proximitie of bloude Royall as farre as the man shotethe he shotethe to shorte to hitt the marke But lorde what an yll fauored shorte shote will yt be accoÌ„pted yf she be fownde no stranger at all Yt ys verye probable that in this place the scripture meanethe of a mere forener and stranger suche as were neither borne in Iurie nor of the Iewishe bloude For with suche aliens they were forbidden also to cople in mariage by reason they were Idolatours aÌ„d might thereby theÌ„ selues be occasioned as they were often times in deede abaÌ„done and forsake theire trewe and sincere religion Suche a straÌ„ger I am well assured this Ladie ys not to vs yf she be any stranger at all The Scottes and we be all christians and of one Ilande of one tongue almoste of one fashions and manners customes an lavves So that we can not in any wise accompte them amonge suche kinde of strangers that this place of Moyses mentionethe namelie the Ladye Marie the Quene of Scottes beinge not onlie in harte well affectioned and minded to all Englishe men as hathe by manie experimentes bene well knovven But also by disceÌ„te and Royall bloude all Englishe which she takethe from the noble kinges longe before the coÌ„queste and after the conqueste from the worthye Princes Henrie the firste and Edwarde the thirde and of late dayes from the excellente Prince kinge Henrye the seaventhe and hys davvghter Ladye Margaret her grand mother All vvhiche causes withe some other in suche number concurrante The Quene of Scottes no straÌ„ger ovvght rather to enforce vs to thincke and to take her as no stranger to vs then to estrange her from vs by the onlie place of her Natiuitie Whiche ys yet neverthelesse vvithin the fovver seaes and verie nighe to Englande by Osbrede bovvndinge at Sterlinge bridge Laste of all tovchinge the foresayde chapter of Deutronomye we affirme that yt ys vntrewe that ye saie aswell that this lawe of gouernemeÌ„te bindeth our kinges to the havinge and followinge of thys lawe as we have saide vnlesse to omitt other thinges ye wolde bynde our kynges also to receaue the deuteronomie at the haÌ„dâ—s of the leviticall tribe as that ye saie that God gave here a lawe to the Iewes to make or chose a kiÌ„ge and so coÌ„sequentlie all your illatioÌ„s owte of thys place seame to be of small force For to saie the trewthe as god neither gaue theÌ„ this or anye other lavve for chosenge of a kinge nor did â—idde or will them to chose a kinge so did the people moste grevouselie offende God in demandinge a kinge 3. Politic. For thowghe by the IudgemeÌ„te of Aristotle aÌ„d other Philosophers a Monarchie wel aÌ„d orderlie vsed ys the beste kinde of all other regimentes which God dothe also well like yet wolde he have no suche magistrate amonge the Iewes But as he chose them for his proper peculier and selecte people and ruled them aswell in the deserte as in Iudaea by a severall peculier aÌ„d distincte order aÌ„d governemeÌ„te from other natioÌ„s and after suche woÌ„derfull and miraculouse sorte as the like was never harde of in anye regimeÌ„te besides so wolde he also reserue to him self onlie the saide supremacye and monarchye Neither was he a â—itle angree with the Iewes nor they coÌ„mited any small fault but as yt were renovvnced and reiected godes ovvne monarchie in cravinge a kinge as holie scripture plainelye and openlie testifiethe 1. Reg c. 8. Non te inquit reieceruÌ„t sed me ne regnem super eos And the people afterwardes acknowledged theire fault Addidimus vniuersis peccatis nostris malum 1. Reg. 12. vt peteremus nobis regem God therefore did not bidd them or will them to chose a kiÌ„ge but foreknovvenge longe before by hys eternall foresight what they vvolde do thovvghe contrarye to hys blessed vvill and pleasure did in this as in other matters beare vvithe theire vvekenes and condiscended vnto the same And foretolde them in this sayde 17. chapter that in case they vvolde nedes haue a kinge of what kinde aÌ„d sorte he sholde be And therefore immediatelye before the wordes that ye recite thowe shalt make him a kinge over them ys this texte Cum ingressus fueris terram quam dominus Deus dabit tibi possideris eam habitauerÃsque in ill a dixeris CoÌ„stituam super me regem sicut habent omnes per circuituÌ„ nationes euÌ„ coÌ„stitues c. And vvheÌ„ thowe shalt come into the laÌ„de vvhich the lorde thie God geaveth the aÌ„d shall possesse yt aÌ„d dwell therin yf thovve saye I vvill sett a kinge over me like as all the natioÌ„s that are abowte me then thovv shallt make hym kinge over the whom c. Which wordes makinge for the illustration
betrayed Hierico to Iosue And maye we nowe saulfly thincke that this Booz was a stranger an Alien and no Iewe And so with all infringe breake aÌ„d ê‘uerte the genalogiae of Christe and the continuall succession of the Iewes Christes ê“genitours Ye knowe that as Athalias mother was a Tyrian or a Sidonian so was Ruthe a Moabite This Ruthe maried the foresaide Booz I aske you nowe agayne Whether Obed the soÌ„ne of the saide Booz aÌ„d Ruth were alieÌ„s amoÌ„ge the Iewes Yf you saye he was not then must you nedes coÌ„fesse the same of Athalia Yf you saye he was then the holye scripture makethe euideÌ„tlie against you Dauid aÌ„d Christe disceÌ„de of Obed Ruthes sonne For of this Obed Christe came liniallye And yf you steppe forewarde as you lustelie beginne a foote or two more ye will or as well ye maye make kinge Dauid also to whom Obed was grande father yea and Christe him self not muche better then aliens And so hath Athalia at length spunne a fayre threde for you We denye then that this Athalia vvas an alien amonge the Israëlites 4 Reg. 11. and therefore she coulde not be barred from anye inheritance devve vnto the dawghter amonge the children of Israël Whie Athalia was deposed Neyther was she removed from the kingdome as this sober maÌ„ beinge best awaked dreamethe by cause she was a stranger but for that she moste cruellie aÌ„d vnnaturally slayeÌ„ge aÌ„d murtheringe her owne nephewes the sonnes of her sonne kinge Othozias latelie kylled of Iehu by shamefull meanes vsurped her self the crowne apperteininge to her nephevve loas vvho by the prouideÌ„ce of God was she beinge vsurper of yt praeserued from her butcherye And after seaven yeares by the helpe of loada the highe priest vvas anointed kinge and she deposed worthelie put to deathe And this cause dothe appeare eaven in the verie chapter and place that thys quiet and sober man dothe so soberlie against the brawlinge braines alleage As for the cause he him selfe proponethe we vvill not sticke vvith him to geue hym a longer daye to fetche owte and shevve vs his recordes his authours at hys good leasure Well this stringe will not serue hys bowe We will therefore listen againe to him and consider hovve well he harpethe vpon the next stringe Whiche suerlie dothe geve as yll fauored a iarringe and as vntunable a noise as the firste or rather more vntunable Wherein our good quiet brother dothe so straine and wreste this vvorde ex fratribus amonge the bretherne that he wresteth avvaye not onlie the right and intereste the Quene of Scottes pretendethe to the succession of the crowne But dothe vvreste with all the crowne froÌ„ all Princes neckes that haue bene are or shal be women And of all suche as haue do or shall claime theire inheritance An vnbrotherlye and fonde straininge of theis wordes ex fratribus by the title and intereste of theire motheres which caÌ„n haue no better title theÌ„ they re progenitours from whom they clayme For amonge hys newe notable notes that he noteh owte of thys seaveÌ„teÌ„the chapter of deuteronomie for the chosinge of a kinge vve maye note sayethe he the sexe by the masculine gender vsed in this vvorde ex fratribus for vnder the other sexe Ataxia most commonlie creapethe into the stocke and contrie He sayethe also aftervvarde Thys politike lavve that God did geue the Iewes ys grovvnded vpon the lawe of nature and ys also as everlastinge as nature yt selfe ys and ys of all naturall men to be obserued Yt ys sayethe he of nature that the prescribed sexe shoulde governe the other He meanethe vvomen shoulde be gouerned Then he knitteth vppe the conclusion of his nevve pestiferouse policie whiche I conclude that godes lavve nature and good reason do reiecte the Quene of Scottes and denye her that kingdome which she vvolde so faine possesse Who vvolde euer haue thowght that such a quiet sober braine owte of this one worde fratribê° could haue fownd in his harte so vnbrotherlye yea so vnchristianlye and so fondlye vvith all to extorte suche an interpretation as ys able Yf yt were receaued to disturbe infringe and breake the quiet and lawfull possession and inheritance of a greate parte of the Princes of the vvorlde and especiallye of his owne and our gratiouse and Souereigne good Ladye and Quene Yea and as fondely and vnnaturallye to frame of him self a nevve lavve of nature also And so moste vvretchedlye to corrupte depraue and mayme bothe the lavve of God aÌ„d nature Yet by cause this man geueth owte his matters as yt vvere compeÌ„diouse oracles An ansvvere to the aduersarie towchinge the lawe of nature vvhiche he vvresteth agaiÌ„st vvomens gouernemente aÌ„d leste some might thincke that suche a sober man hathe some good and substantiall grovvnde in this his sayenge seinge he ys so bolde vvith his ovvne glosses vpon the holye scriptures I vvilbe as bolde vpon him a litle to siste examine the vveight and veritie of them And firste tovvchinge the lavve of nature which he makethe as a picke axe to vndermine the state of so manye Princes of his ovvne Souereigne vvith all We might here enlarge manye thinges hovve and in what sorte the lawe of nature maye be takeÌ„ l. 1. ff de iustir iure L. veluti l. ex hoe l. oÌ„nis eod Estâ—emÌ„ haec noÌ„ scripta sed natalex quam non didicimus accepimus legimus verùm ex natura arripuimus hau simus expressimus ad quaÌ„ noÌ„ docti sed facti non iÌ„stituti sed imbuti sumus vt si vita nrÌ„a in aliquas insidias si in vim in tela aut lattonuÌ„ aut inimicoruÌ„incidis set omnis honesta ratio esset expediendae salutis but vve vvilbe therein compendiouse and shorte The lawe of nature coÌ„monlye ys proper and apê‘teininge asvvell to other liuinge thinges as to man As Vlpian the notable lavvier vvritethe There ys an other lavve that ys called Ius gentium the lavve of all nations And yt ys called also the lavve of all nature by cause the discourse of naturall reasoÌ„ forcethe all nations to obeye and kepe this lavve as to honour God to obey our pareÌ„tes magistrates to kepe and maynteine our bargaines ê“mises iÌ„ bieÌ„ge and sellinge in other coÌ„tractes to defeÌ„de our selues froÌ„ violeÌ„ce iniurie with a noÌ„ber of such other I suppose the aduersarie meanethe not of the first kiÌ„de but of the secoÌ„de Wherof he muste neades meane yf he meane to speake any thinge to the purpose I saye then that this ys a false an vnnaturall assertioÌ„ to make this surmised lavve euerlastiÌ„ge as nature it self is The lavve of nature or Ius gentiuÌ„ ys and euer Was after the time that there Were any natioÌ„s or people euer shal be This coÌ„terfeate lave of nature neither ys nor euer vvas nor as farre as reasoÌ„ maye reache to euer shal be Yt shal be inowghe for vs to oâ—throvve caste vnderfote this
Baracke willinge him to muster the people and with tenne thowsande men to sett vppon Sysira Iabins capitaine The greate victorie of Debora But Baracke wolde not go vnlesse she weÌ„te also well sayeth she I wyll go with the. WheÌ„ they shoulde haue buckeled Baracke and the Israëlytes fearinge the huge multitude of the enemyes wolde have recoyled backe into some saulfer and surer places Naye sayeth Debora departe not plucke vp your hartes for all ys ours And vppon this they encountred with the enemie and beholde there fell sodenlie vpon the enimies faces so vehemente à storme of rayne aÌ„d hayle that yt toke from theÌ„ theire sight and did so sore beate them that for verie coulde and weakenes they were not able to holde theire weapoÌ„s in theire haÌ„des There vpon beinge wonderfullie discowraged breakinge theire arraye they toke them to theire feete and in fleinge some were slaine by the Israëlites some by theire owne horse men and chariottes Sysiâ—a him self was also slaine I speake not this of Debora by cause I thincke warlike matters properlie and so well to apperteine to women as to men I knovve do vvell allowe the sayenge in Homer of Hectour to his wyfe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iiad 6. I speake yt to this purpose onelie to shewe that a women maye not onlie have ciuilll regimente in other thinges but maye intermedle also when the case requirethe vvith vvarlike matters The ceremonies that kiÌ„ges of EnglaÌ„d vsed in theyr coronation and be presente vvith the armye in the felde And this also amonge other aunciente and soleÌ„me ceremonies the gyrdinge of our Souereigne at her coronation vvith a sworde the settinge of a paire of Spurres to her heales maye well signifie Which ceremonies thovghe they haue bene vsed from the time of kinge Edwarde the confessour at least Vide speculuÌ„ histo Richa Cicest lib. 3. cap. 3. or from the noble Allured and that vpon kinges onelie except our ovvne time Yet the reason and significatioÌ„ of the same maye and dothe take place in womeÌ„ Princes also and in our Souereigne All be yt â— Ambr. li. de vid. thinketh her to haue bene a widove aÌ„d Barach to be her soÌ„ne saiÌ„ge strenuos enim noÌ„ sexus sedâ—tus facit vid. caeter ibidem to putt her in remembrance to chastice and represse malefactours with conuenient Iustice Yea vvith speade to pursue not onlye by her vnder officiers but in her owne Royall person yf the necessitie of the time dothe require yt her maiesties inwarde or owterwarde ennemies vvherein she hathe a presidente in this vvorthie Debora This Baracke of whome we haue spoken by the consente of the moste parte of the expositors of holye scripture vvas Deboras husbaÌ„de Whereby ye maye see that the matrimoniall dewtye of the vvife to the husbaÌ„de dothe nothinge repugne to the publike administratioÌ„ office of the wife eache with other maye freÌ„delye and peaceablye agree She maye serue all turnes to the contentation of God her husbande of the commoÌ„ welthe For the respecte wherof the saide husbaÌ„de beinge but a member and percell of the same and as subiecte to his vvife in that respecte as any other She maye yea owght to coÌ„maunde the saide husbaÌ„de and as the case maye staÌ„de seuerelie to punishe his owteragiouse behauiour doinges tovardes the saide coÌ„mon wealthe This noble Debora therefore coÌ„demnethe your coÌ„clusioÌ„ bothe vnnaturall and derogatiue to holye scripture Neither will this euasion releaue you that some of your affinite for the maintenance of this so wronge an opinion haue vsed â–ª that this ys but one bare and an extraordinarye priueleged and ê‘sonall example One onlye exaple in scripture a sufficeÌ„te pÌ„â—idente hauiÌ„ge none other the like in scripture therefore not to be draweÌ„ to make therof a rule or presideÌ„te for womaÌ„lye gouernemeÌ„te Yf this your replie be effectuall then farewell the baptisme of yoÌ„ge childreÌ„ wherof yt wil be harde to finde more then one yf that one exaÌ„ple maye be fownde in all the holye scripture TheÌ„ fare wel a noÌ„ber of rightes ceremonies customes orders aswell iÌ„ ecclesiasticall as iÌ„ politicall affaires all which haue but one some no one example at all therein Yet yt so beinge that the vse therof ys not repugnaÌ„te to the saide holye scripture they haue bene they are maye well here after be kepte vsed and obserued And yet I knowe no cause but that the worthye Iudithe Iudith 13. maye be an other example also Wo thowghe she were not the gouernesse of the coÌ„mon wealthe at that time Iudith c. 8. but others Yet played she that parte that seamed moste abhorringe and strange to woman kinde in deuisinge yea and most manfullye and meruelouslye executinge in her owne ê‘son the renowned slawghter of the arrogante haughtye and prowde TyraÌ„te Holofernes The slawghter of Holofernes by Iudith As her stomacke and cowrage was manlye and stowte in that acte so vvas she not onlye a noble vertuouse womaÌ„ but a meruelouse vvise vvoman vvith all and so was taken iudged to be of all the people Whereby yt vvill follovve by good reason that in case she had bene the gouernesse of all the people her goâ—nemeÌ„te wolde haue bene aswell ê“fitable to the coÌ„mon welthe as coÌ„formable bothe to nature the holye scripture also Which example thowghe yt maye seame sufficiente to ouerthrowe your answere be yt neuer so artificiallye forged to Debora Yet to refute and to refell yt vtterlye not onlye by examples but eauen by plaine and full aucthoritie of holye scriptures lett me be so bolde as to demaÌ„de your answere to a questioÌ„ or two Firste whether if a man seased in landes and possessions die vvith owte issue male his dawghter by holy scripture shall enioye the saide landes and inheritaÌ„ce or no In case ye saye she shall not the plaine vvordes of the scripture euidentlye do reproue you Leuit. c. 6. Yf you graunte yt then aske I farther vvhat yf any ciuill gouernemente more or lesse be annexed and vnited to theis inheritances As yt ys not onlye in Empires and kingedomes but in manye Dukedomes Yt seameth plaiÌ„e by the rules and vvordes of holye scripture that a woman maye haue ciuill gouernemente Erledomes yea Lordeshippes also Whether she shal be excluded from the saide her inheritance Yf ye saye yea then do you saye against the scripture yf ye saye that the Inheritance muste remaine in her and the ciuill gouernemente to others then saye ye against all reason againste the vse manner and custome of the vvhole vvorlde Yt ys but your ovvne fonde folishe glose Where vpon I do inferre that vvomanlye gouernemente ys admitted not onlye by theys examples but eauen by the verye vvordes rules and decrees of the holye scripture And so I truste ye are â–ª or haue cause to be fullye satisfied as vvell towchiÌ„ge your allegatioÌ„ that vvomaÌ„lye