my Ladye Fraunces and my Ladie Elenour also dawghters to the Frenche Quene vvhiche ys a thinge in a manner incredible and therefore nothinge likelie I muste novve gentle reader putt the in remembrance of two other moste pregnante and notable coniectures and presumptions for amonge all other inconueniences and absurdities that doe and maye accompanye this rashe and vnaduised acte by thys pretensed vvill incoÌ„sideratelye mainteined yt ys principallie to be noted that this acte geuethe appareÌ„te and iuste occasion of perpetuall disherison of the stile and title of Fraunce incorporated aÌ„d vnited to the crowne of this realme The supposed vvyll ys pÌ„iudiciall to the crowne of Englande for the clayme of the crovne of France For vvhereby do or haue the Frenche men hitherto excluded the kinges of this realme claymenge the crowne of FraÌ„ce by the title of Edvvarde the thirde fallinge vpon hym by the right of his mother then by a politike and ciuill lavve of theire ovvne that barrethe the female from the right of the crovvne And vvhat dothe this pretensed acte of kinge Henrie but iustifiethe and strengtheneth theire quarell and ouerthrowethe the fowndation and bulworke vvhereby vve mainteine our foresaide title and clayme Yf we maye by our Municipall lavve exclude the saide Quene of ScotlaÌ„de beynge called to this crovvne by the title of generall heritage Then ys theire municipall lawe likewise good and effectuall aÌ„d consequentlie we do and haue made all this while an vniuste and wrongfull clayme to the crowne of Fraunce But nowe to goe somewhat farther in the matter or rather to come nerer home and to the quicke of the matter we saye as there was some apparente aÌ„d good cause whie the kinge shoulde the twentie and eight yere of his reygne thyncke vpon some limitatioÌ„ and appointmente of the crowne kinge Edwarde as yet vnborne so after he was borne and that the title and intereste of the reuersion of the crowne after him was the thirtie and fifte yeare by parlamente confirmed to the late Quene Marie and our gratiouse Souereigne Elizabethe Yt ys not to be thowght that he wolde afterwarde ieperde so greate a matter by a testamente and vvill vvhiche maye easelie be altered and counterfeited And leaste of all make suche assignation of the crowne as ys nowe pretended For beinge a Prince of suche wisdome and experience he coulde not be ignorante that this was the nexte and redieste waye to putt the state at leaste of bothe his dawghters to greate perill and vtter disherison This supposed will geauethe occasion of ambitious aspiringe For the kinges example and boldnes in interruptinge and cuttinge awaye so manye branches of the nereste syde line might sone brede in aspiringe and ambitious hartes a bolde and wicked attempte the vvaye beinge so farre browght in and prepared to theire handes by the kinge him self and theire natures so redie and prone to followe euill presidentes and to cliÌ„me highe by some colorable meanes or other to spoile and depriue the saide dawghters of they re right of the crowne that shoulde discende and fall vpon them And to conuey the same to the heires of the saide Ladye Fraunces And did not I praye you this drifte deuise fall owre eauen so tendinge to the vtter exclusion of the late Quene Marie and our gratious Souereigne Elizabethe Yf God had not of his greate mercie moste gratiouslie and wonderfullie repressed ouerthroune the same Theis reasons then and pÌ„sumptions maye seame well hable sufficieÌ„te to beare dovne to breake aÌ„d ouerthrowe the weke aÌ„d sleÌ„der pÌ„sumptions of the aduersaries grownded vpoÌ„ vncertaine and mere surmises ghesses and coÌ„iectures as amonge other that the kinge vvas offended vvith the Quene of ScotlaÌ„de and vvith the ladye Lenneux vvhich ys not trevve And as for the ladye Lenneux yt hathe no manner of ê“babilitie As yt hathe not in deede in the saide Quene And yf yt had yet yt ys as probable and muche more probable that the kinge vvolde haue especiallie at that time for suche cavvse as vve haue declared suppressed the same displeasure GrauÌ„tinge nowe that there were some suche displeasure vvas yt honorable either for the kinge or the realme or vvas yt thincke ye euer thovvght by the parliameÌ„t that the kinge shoulde disherite them for euerie light displeasure And yf as the aduersaries confesse the kinge had no cavvse to be offended vvith the Frenche Quenes children vvhy did he disherite the Ladye Fraunces aÌ„d the Ladye Elenour also Theire other presumption vvhich they grownde vpon the auoydinge of the vncertaintie of the succession by reason of his vvill The succession to the croune ys more vncertaine by the supposed will then before ys of small force and rather turnethe againste them For yt ys so farre of that by this meanes the succession ys made more certaine and suer that contrarie vvise yt ys subiecte to more vncertentie aÌ„d to lesse suertie then before For vvhere as before the right and claime to the crovvne honge vpon ordinarie and certaine covvrse of common lavve vpon the certaine and assuerid right of the royall and vnspotted bloude Yea vpon the verie lavve of nature vvhereby manye inconueniences manye troubles dangers aÌ„d seditions are in all contreyes politikelie avoided There ys mucheforgerie and counterfeyting of testamentes So nowe dependinge vpon statute onlie yt ys as easie by an other stature to be infringed and ouerthrovvne And dependinge vpon a testameÌ„te ys subiect to manye corruptioÌ„s sinister dealinges cauillacions yea and iuste ouerthrovves by the dishability of the testatour vvitnesses or the legatorie him self or for lacke of dewe order to be obserued or by the deathe of the vvitnesses vnexamined aÌ„d for many other like considerations The monumentes of all antiquitie the memorie of all ages and of our ovvne age and daylie experience can tell aÌ„d shevve vs manye lamentable examples of manye a good and lavvfull testamente by vndevve and craftie meanes by false and suborned vvitnesses Valerius Maximus dedict fact lib. 9 cap. 4. by the couuetous bearinge and maintenance of suche as be in auctoritie quite vndone and ouerthrovvne Wherefore Valerius Maximus crie the owte againste M. Crassus and Q. Hortensuis lumina curiae ornamenta fori Quod scelus vindicare debuerant lucri captura inuitati suis authoritatibus texerint This presumption then of the aduersaries rather maketh for vs and ministrethe to vs good occasion to thincke that the kinge vvolde not hasarde the vveight and importance of suche a matter to reste vppon the validitie or inualiditie of a bare testameÌ„te onlie By this that vve haue saide we maye probablely gather that the kinge had no cause to aduenture so greate an enterprise by a bare vvill and testamente Ye shall nowe heare also vvhie vve thincke he did neuer attempte or entreprise any suche thinge Yt ys vvell knowen the kinge vvas not vvonte lightlie to ouerslippe the occasion of any greate commoditie presentlie offered And yet this not vvithstaÌ„dinge hauinge
vvealthe vvith lawe vnvvritten Iusti. de iure natural gent ciuil 55. ex non script Whereas amonge the Athenienses the written lavves beare all the svvaye This thinge beinge so trevve that vvithe any reason or good authoritie yt can not be denied then vve are farther to consider vvhether the kinges title to the crovvne can be examined tried aÌ„d ordered by this common custome or no. Yf ye saie yt maye then muste ye prove by some recorde that yt hathe bene so vsed Othervvise ye onlie saie yt nothinge at all prove yt For nothinge can be saâ—ed by lavve to be subiecte to any custome vnlesse the same hathe bene vsed accordinglie and by force of the same custome I am Well assured that you are not able to proue the vsage and practise therof by any recorde iÌ„ any of the kinges cowrtes Yea I vvill farther saie vnto you and also proue yt that there ys no one rule generall or speciall of the coÌ„mon lawe of this realme The aduersaries haue shevved no rule of the coÌ„mon lawe that bindethe the crovvne Which ye either haue shewed or can shevve that hathe bene taken by anye iuste construction to extende vnto or binde the kinge or his crowne I Will not denie but that to declare and sett forthe the praerogatiue and Iurisdiction of the kinge ye maye shevve manie rules of the lawe But to binde him as I haue saide ye can shevve none Ye saie in your booke that yt ys a maxime in our lawe moste manifeste that Who so ever ys borne ovvte of Englande and of father and mother not beinge of the obedieÌ„ce of the kinge of Englande can not be capable to inherite any thinge in England Whiche rule beinge generall withowte any Wordes of exceptio â–ª ye also saie muste neds extende vnto the crovvne What you meane by your lavve I knovve not But yf you meane as I thincke you do the common lawe of EnglaÌ„de I ansuere there ys no suche maxime in the coÌ„mon lavve of this realme of Englande as hereafter I shall manifestlie prove But yf yt vvere for arguments sake admitted for this time that yt be a maxime or generall rule of the coÌ„mon lavve of Englande yet to saie that yt ys so generall as that no exceptioÌ„ caÌ„ be takeÌ„ agaiÌ„st the same rule ye shevve your self either ignorance or elseverie carelesse of your credit For it doth plainlie appeare by the statute of 25. E. 3. 25. E. 3. beinge a declaratioÌ„ of that rule of the lawe which I suppose ye meane terminge yt a maxime that that rule extendethe not vnto the kinges children Whereby yt moste euideÌ„tlie appearethe that yt exteÌ„deth not generallie to all And yf yt exteÌ„de not to biÌ„de the kinges children in respecte of any inheritance desceÌ„ded vnto theÌ„ froÌ„ any of theire ancetours yt ys an argumeÌ„te a forttori that yt dothe not exteÌ„de to biÌ„de the kiÌ„ge or his crowne 5 E. 3 tit Ayle 13. E. 3 tit lettre 31 E. 3 tit tit Coson 42. E. 3 fo 2 22. H. 6 fol. 43 11. H. 4. fo 23 25. litletoÌ„ cap. vilenag And for a ful shorte answere to your authorities sett forthe iÌ„ your marginall notes as 5. E. 3. tit Aile 13. E. 3. tit lrÌ„e 31. E. 3. Coson 42. Edw. 3. fol. 2 22. H. 6. fol. 42 11. H. 4. fol. 23. 24. litlet ca. vilenag Yt maye plainlie appeare vnto all that vvill reade aÌ„d peruse thoses bookes that there ys none of them all that dothe so muche as with a peece of a worde or by any colour or shadowe seame to inteÌ„de that the title of the crowne ys bovvnde by that your supposed generall rule or maxime For euerie one of the saide cases argued and noted in the saide booke are oneli concerninge the dishabilitie of an alien borne and not denisen to demaunde any landes by the lawes of the realme by suyte and action onlie as a subiecte vnder the kinge The aduersaries case ê‘teinethe to subiectes onlye and nothinge tovvchinge any dishabilitie to be layed to the kinge him self or to his subiectes Is there any controuersie abovvte the title of the crowne by reason of any suche dishabilitie towched in any of theis bookes No verelie not one vvorde I dare boldlie saye as maye most manifestlie appeare to them that vvill reade and pervse those bookes And yet ye are not ashamed to note them as sufficiente auctorities for the maintenance of your evill purpose and intente But as ye vvolde seame to vnder stande that your rule of dishabilitie ys a generall maxime of the lawe so me thincketh ye shoulde not be ignorante No maxime of the lawe bindethe the â—rovvne vnles the crovvne specially be named that yt ys also as generall yea a more generall rule aÌ„d maxime of the lawe that no maxime or rule in the lavve can extende to binde the kinge or the crovvne vnlesse the same be speciallie mentioned therein as maye appeare by diuers principles and rules of the lawe which be as generall as is your sayed supposed maxime aÌ„d yet neither the kiÌ„ge nor the crowne is by any of them bownde As for exaÌ„ple yt ys very plaine that the rule of the tenante by the curtesie ys generall vvithovvte any exception at all And yet the same bindethe not the crovvne Of the tenante by the curtesie neither dooth extende to geue any benefitt to him that shall marye the Quene of englande As yt vvas plainlie agreed by all the lavviers of this realme vvhen kinge Phillippe vvas maried vnto Quene Marie Althovvghe for the more suertie and plaine declaration of the intentes of kinge Philippe and Quene Marie and of all the states of this realme yt vvas enacted that kinge Philippe shoulde not claime any title to be tenante by the curtesie Yt ys also a generall rule that yf a man die seased of landes in fee simple vvithe ovvte issevve male hauinge diuers davvghters the lande shall be equallie deuised amoÌ„ge the dawghters Whiche rule the learned men in the lavves of this realme agreed vpoÌ„ in the life of the late noble Prince Edvvarde Nor that the landes shal be deuided amoÌ„ges the doughters and also euerie reasonable man knowethe by vsage taketh no place in successioÌ„ of the crowne for there the eldeste enioieth all as thowghe she vvere issevve male Likevvise yt ys a generall rule that the wife after the decease of her husbande shal be indevved and haue the thirde parte of the beste possession of her husbande Nor the Wife shall haue the thirde ê‘te and yet yt ys verie clere that the Quene shall not haue the thirde parte of the laÌ„des belogiÌ„ge to the crowne as appearethe in 5 E. 3 5 E. 3 tit praerogat 20 21. E. 3 fo 13. 9. H. 6. f. 12 52. 28. H. 6 fo 15. Red. priÌ„te tit praerogat 21 E. 3 9 28. H 6. aÌ„d diuers other bookes Besids that the rule of * Nor the rule of possess fratris
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
the kiÌ„ge Yet vntill suche time as the Kinge be intitled ther vnto by matter of recorde the inheritance remaynethe in the alien by the opinioÌ„ of all men And so ys a verie alien capable of inheritance within this realme And then it muste nedes fall ovvte plainlie that your generall maxime vvhere vpon you haue talked and braged so muche ys novve become no rule of the common lavve of this realme And yf it be so then haue you vttered very many vvordes to small purpose But yet let vs see farther vvhether there be any rule or maxime in the coÌ„mon lavve that maye seame any thinge like to that rule Whervpon any matter maie be gathered against the title of the saide Marie Quene of Scotland There ys one rule of the coÌ„mon lavve in vvordes somevvhat like vnto that vvhiche hathe bene alleaged by the aduersaries Whiche rule ys sett forthe and declared by a statute made An. 25. of Kinge Edwarde the thirde Whiche statute recitinge the dovvbte that then vvas Whether infantes borne ovvte of the allegiance of Englande shoulde be able to demaunde any heritage vvithin the same allegiaÌ„ce or no Yt vvas by the same statute ordained that all Infantes inheritours Whiche after that time shoulde be borne owte of the allegiance of the kinge whose father and mother at the time of theire birthe were of the faithe and allegiance of the kinge of Englande shoulde haue and enioye the same benefittes and aduantages to haue aÌ„d carrie heritage within the saide allegiance as other heires shoulde Where vpon yt ys to be gathered by dewe and iuste construction of the statute and so hathe bene heretofore coÌ„monlie taken that the common lawe alwayes was and yet ys that no person borne owte of the allegiance of the kinge of Englande whose father and mother were not of the same allegiance shoulde be able to haue or demaunde any heritage within the same allegiance as heire to any person Whiche rule I take to be the same supposed maxime whiche the adâ—saries do meane But to stretche yt generallie to all inheritances as the aduersaries wolde seame to do by anie reasonable meanes caÌ„ not be The statute of Edvvard 3. anno 25. touchethe inheritaÌ„ce and not purchasse For as I haue saied before euery straÌ„ger and alien borne maye haue and take inheritance as a purchasâ—er And if an alien do marrie a woman inheritable the inheritance therby ys bothe in the alien and also in his wife And the alien therby a purchasâ—er No man dowbteth but that a denizen maye purchasse landes to his owne vse 11. H. 4. fol. 25. but to inherite landes as heire to any person vvith in the allegiance of Englande he can not by any meanes So that yt seamethe verie plaine that the saide rule bindethe also denizens and dothe onlie extende to discentes of inheritance and not to the hauinge of anie landes by purchasse Nowe will we then consider whether this rule by any reasonable coÌ„struction can extende vnto the ladie Marie the Quene of Scotlande for and concerninge her title to the crowne of EnglaÌ„d Yt hathe bene sayed by the aduersaries that she was borne in Scotlande whiche realme ys owte of the allegiance of Englande her father and mother not beinge of the same allegiance And therefore by the saide rule she ys not inheritable to the crowne of this realme Althowghe I might at the begininge verie vvell and orderlie denie the consequente of your argumente yet for this time we will firste examine the antecedente whether yt be trewe or no And then consider vpon the consequenâ—e That the Quene of Scotlande was borne in Scotlande Scotlande ys within the allegiaÌ„ce of Englande yt must nedes be graunted but that Scotlande ys owte of the allegiaÌ„ce of EnglaÌ„de thowghe the saide Quene of Scotlande and all her subiectes of Scotlande vvill stovvtely affirme the same yet there are a greate nomber of men in Englande both learned and others that be not of that opinion beinge ledd and persvvaded there vnto by diuers histories registers recordes aÌ„d instrumeÌ„tes of homage remaininge in the treasurie of this realme Wherin ys mentioned that the kinges of Scotlande haue acknovvledged the kinge of Englande to be the superiour lorde ouer the realme of Scotlande and haue done homage aÌ„d fealtie for the same Which thinge beinge trevve not vvithe standinge yt be comonlie denied by all Scottes men then by the lavves of this realme Scotlande muste nedes be accompted to be vvith in the allegiance of Englande And altowghe sins the time of kinge Henrie the sixt none of the kinges of ScotlaÌ„de haue done the saide seruice vnto the kinges of Englande Yet that ys no reason in our lavve to saye that therefore the realme of Scotlande at the time of the birthe of the saide Ladye Marie Quene of Scotlande beinge in the thirtie and fovverthe yeare of the reigne of our late Souereigne lorde kinge Henrie the eight vvas ovvte of the allegiance of the kinges of Englande For the lavve of this realme ys verie plaine that thovvghe the tenaunte do not his seruice vnto the lorde yet hathe not the lorde therby lost his seigneurie for the lande still remainethe within his fee and seigneurie that not with standinge The lorde losethe not his sâ—igniâ—rie though the tenaÌ„te dothe not his seruice But paraduenture some vvill obiecte and saye that by that reason FraÌ„ce shoulde likevvise be sayed to be with in the allegiance of Englande for as muche as the possession of the crovvne of France hathe bene vvithin a litle more then the space of one hundred yeares novve laste paste lavvfullie vested in the kinges of EnglaÌ„d Whose right and title still remainethe in the Quenes maiestie that novve ys To that there ys a greate difference betvvene the right and title vvhiche our Souereigne ladie claimethe to the realme of France aÌ„d the right and title vvhiche her highnes claimethe to the realme of ScotlaÌ„d Althowghe yt be trevve that the kinge of Englande hathe bene lavvfullie possessed of the crowne of France vvhose right and title by iuste and lavvfull succession ys deuolued vnto our saide Souereigne ladie Yet duringe suche time as her highnes by vsurpation of other ys dispossessed of the saide realme of France the same realme by no meanes can be saide to be with in her highnes allegeaÌ„ce especiallie coÌ„sideringe howe that sins the time of vsurpation the people of France haue wholie forsaken theire allegeance and subiection whiche they did owe vnto the kinges of EnglaÌ„de And haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the realme of Scotlande yt ys oterwise For the title which our Souereigne Ladie and Quene and her ê“genitours haue claimed vnto the realme of ScotlaÌ„de ys not in the possession of the lande and crowne of Scotlande but onlie vnto the seruice of homage and fealtie for the same And althowghe the kinges of Scotlande sithe the time of kinge Henrie the eight haue intermitted to
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
have declared and against the coÌ„mon lawe The which must not be thowght by this statute any thinge taken awaye but onlie declared and against all good reason also For as we wolde haue thowght this realme greatelie iniured yf yt had bene defrawded of Spaine or any of the foresaide contreies beinge devolued to the same by the foresaide mariages As we thincke our self at this daie iniured for the with holdinge of France so the issewe of the foresaide noble womeÌ„ might aÌ„d wolde have thowght them hardly and iniuriouslie handled yf any suche case had happened Neither suche frivelouse interpretation gloses as this man nowe framethe and makethe vpon the statute Wolde then haue served nor nowe will serve But of all other hys frivelouse and folishe ghessinge vpon the cause of the statute for Enfans du Roy A foÌ„de imaginatioÌ„ of the adâ—sarie of the statute 25. â— 3. there â—s one moste foÌ„de of all for he wolde make vs beleave suche ys the maÌ„s skyll that this statute towchinge Enfants du Roy was made for the greate bowbte more in them then in other persoÌ„s tovvchinge theire inheritaÌ„ce to theire Auncesters For beinge then a maxime saieth he in the lavve that none coulde inherite to his Auncesters beinge not of father aÌ„d mother vnder the obedience of the kinge seinge the kinge him self coulde not be vnder the obedieÌ„ce yt plainlie seamed that the kinges childreÌ„ vvere of farre vvorse conditioÌ„ then others and quite excluded And therefore he sayethe that this statute vvas not to geue them any other priuilege but to make theÌ„ equall vvith other And that therefore this statute tovvchinge the kinges children ys rather in the superficiall parte of the vvorde then in effecte Nowe amoÌ„ge other thinges he saiethe as vve haue shevved before that this vvorde Enfants du Roy in this statute mentioned muste be taken for the childreÌ„ of the first degree Whiche he seamethe to proue by an note taken ovvte of maistre Rastall There was no dovbte made off the kinges children borne beyonde the seas But to this vve ansvvere that this man svvetly dreamed vvhen he imagined this fonde and fantasticall exposition And that he shevvethe him selfe a verie Infante in lawe and reasoÌ„ For this was no Maxime or at leaste not so certaine before the makinge of this statute vvhiche geauethe no nevve right to the kinges children nor answerethe any dowbte towchinge them and theire inheritance But saiethe that the lawe of the crovvne of Englande ys and alwayes hathe bene vvhich lavve sayethe the kinge saye the lordes saye the coÌ„mons we allowe and affirme for euer that the kinges children shal be hable to inherite the landes of theire Auncesters vvhere so euer they be borne All the dovvbte vvas for other persons as appearethe euideÌ„tlie by the tenour of the Statute vvhether by the coÌ„moÌ„ lavve they beinge borne ovvte of the allegeaÌ„ce vvhere heritable to theire Auncesters And yt appearethe that the aduersarie ys driuen to the harde vvall vvhen he ys fayne to catche holde vpon a felye poore marginall note of Maistre Rastall of the kinges children and not of the kinges childres children Whiche yet nothinge at all seruethe his purpose towchinge this Statute But he or the printer or who soeuer he be As he draweth ovvte of the texte manye other notes of the matter therein comprised So vpon theis frenche vvordes Les Enfants du Roy he noteth in the margente the kinges children But howe farre that vvorde reachethe he sayethe neither more nor lesse Neither yt ys any thinge preiudiciall to the saide Quenes right or title Whether the saide vvordes Infantes owght to be taken stritkelie for the first degree or farther enlarged For yf this statute towchethe onlie the successioÌ„ of the kinges childreÌ„ to theire Auncesters for other inheritaÌ„ce aÌ„d not for the crowne as moste men take yt aÌ„d as yt maye be as we have saide verye well taken and allowed Then doth this supposed Maxime of forraine borne that seameth to be gathered owte of this statute nothinge anoye or hinder the Quene of Scottes title to the crowne as not ther to apê‘teininge On the other side if by the inheritaÌ„ce of the kinges childreÌ„ the crowne also ys meÌ„te yet neither maye we eÌ„force the rule of forraine borne vpoÌ„ the kinges childreÌ„ Which are by the expresse wordes iÌ„ the Statute excepted Neither iÌ„force the worde EnfaÌ„s to the first degree only Thys statute towchethe not the Quenâ— of Scottes as one not borne beyonde the seas For suche reasoÌ„s presideÌ„tes aÌ„d exaÌ„ples aÌ„d other ê“uffes largely by vs before set forthe to the coÌ„trarie SeiÌ„g that the right of the crovne fallinge vpoÌ„ them they maye well be called the kiges childreÌ„ or at leaste childreÌ„ of the crowne There ys also one other cause why thoughe this Statute reache to the crowne aÌ„d maye aÌ„d owght to be exded of the same the saide Quene ys owte of the reache and compasse of the saide statute For the saide statute can not be vnderstaÌ„ded of any persons borne in ScotlaÌ„de or wales but onlie of persons borne beyoÌ„de the sea owte of the allegeance of the kinge of Englande That ys to witt France Flawnders and suche like For Englande ScotlaÌ„de and wales be all within one territorie and not devided by any sea And all olde recordes of the lawe concerninge seruice to be done iÌ„ those two contreyes haue theys vvordes Infra quatuâ—r maria within the fower seas which must nedes be vnderstande in Scotlande and vvales asvvell as in Englande by cavvse they be all with in one continente compassed vvithe fower seas And likevvise be manye Anciente statutes of this realme written in the Norman frenche Whiche have theis vvordes Deins lez quatre mers that ys vvithin the fower seas Now concerninge this statute the title of the same ys of those that are borne beyoÌ„de the sea the dowbte moved in the corps of the saide Statute ys also of children borne beyonde the sea owte of the alleageance with diuers other branches of the Statute tendinge that vvaye Whereby yt seamethe that no parte of the Statute tovchethe theis that are borne in wales or Scotlande Vide statuta vvallie in magna carta And albeyt at this time and before in the reigne of Edwarde the firste Vvales vvas vnder the allegeaÌ„ce of Englande before yt vvas vnited to the crâ—nve wales vvas fullie reduced anexed aÌ„d vnyted to the proper dominion of Englande yet was yt before subiected to the crowne and kinge of Englande as to the lorde and Seignour aswell as Scotlande Wherefore yf this Statute had bene made before the time of the saide Edwarde the firste yt seamethe that yt coulde not haue bene stretched to wales nomore then yt can novve to Scotlande I do not therefore a litke marvaile that ever this man for pure shame coulde finde in his harte so childishelie to wrangle vppon this vvorde Enfants and so openlie to detorte deprave and corrupte the
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
⧠A defence of the honour of the right highe mightye and noble Princesse Marie Quene of Scotlande and dowager of France with a declaration aswell of her right title intereste to the succession of the crowne of Englande as that the regimente of women ys conformable to the lawe of God and nature ⧠Imprinted at London in Flete strete at the signe of Iustice Royall against the Blacke bell by Eusebius Dicaeophile Anno Dom. 1569. ⧠THE AVTHOVR TO THE GENTLE READER IT ys not vnknowen to the geÌ„tle Reader beinge an Englishe man vvhat greate contention hathe of late risen in Englande what talke and vvritinge haue bene towchinge the ryght of the Quene of ScotlaÌ„de to the succession of the crovne of EnglaÌ„d what hote scholes and disputations haue bene kepte in manye places here towchinge the right heire apparente of the crowne of Englande yf God call to his mercie our gratiouse Quene Souereigne Elizabethe with owte issewe of her bodye Neither hathe this sturre stode withe in the liste of ernest and feruente talke of eche side but men haue gone on farther and haue aswell by printed as vnprinted bookes done theire indeuour to disgrace blemishe and deface as muche as iÌ„ them liethe the iuste title claime and intereste of the noble and excellente Ladie Marie Quene of Scotlande to the foresaide crowne Yea they haue in vtteringe theire grosse ignoraÌ„ce or rather theyr spitefull malice againste her grace ronne so on headlonge that they haue expressely denied and refused all womanlye gouernemente All vvomans regiment refused of some Amonge other one of theys rashe hote hastie and headye companions hathe caste abrode abowte Iulye last a poysoned pestiferous pamflett against the saide Quenes clayme and interest Wherein he auouchethe also that the ciuill regimente of women ys repugnante bothe to the lawe of nature and to the lawe of God It ys more ouer well knowen to all Englande and Scotlande what a busines and sturre there hathe bene what earnest vehemente and violeÌ„te talke what false fained and forged reportes and opprobriouse slaunders haue bene bruted as well in the one as in the other realme againste the sayde vertuouse good innocence Ladye and Quene by the craftie maliciouse drifte of her rebelliouse subiectes Who haue not onlye blowne abrode and filled mennes eares with lothesome and heynouse accusations against her grace towchinge the slawghter of her late deare husbaÌ„de But haue also vpon this false slaunderouse crimination taken armes agaiÌ„st her emprisoned her spoyled her of all maÌ„ner her costelye apparell Iewelles and also bereaued her of her princelye and Royall aucthoritie intrudinge them selues into the same vnder the name and shadowe of the yonge Prince her sonne Towchinge all theys poinctes ye shall haue nowe good reader in this treatise followynge deuided in to three bookes The contentes of the bookes followiÌ„ge an answere And for as muche as Salomon writethe and this good Ladye so takethe yt that a good name ys to be praised and valewed aboue all pretiouse oyntementes Ecclesi 7. aboue all golde and syluer Proue 22. and that the impayringe of her honour by theys fowle and slawnderouse reportes dothe towche and nippe her harte nerer then maye the losse of anye worldelye honour hanginge vpon her by expectation or that she hathe enioyed or dothe presentlye enioye or any other greauouse iniuries that she hathe most wrongfullye but most pacientlye suffred Yt ys thowght good that the defence of her honour shoulde forgoe the other two bookes wherof the former entreatethe debatethe and discussethe the right title and interest of the sayde Quene Marye to the succession of this crowne of Englande Declaringe her sayde right and title to be good and lawfull by the common lawe of this realme and the actes of parliameÌ„te therein holdeÌ„ with a full answere of suche obiections as the aduersaries laye forthe against her saide right by coulour of the saide lawe or parliamentes And for as muche as with our foresaide newe fouÌ„de doctour neither common lavve nor actes of parliamente seame to serue for a sufficiente plea but that we are by him driuen also to pleade by the lavve of nature and by scripture We haue adioyned in the thirde booke a coÌ„ueniente answere to this fonde fantasticall and daungerous assertioÌ„ as well to the states of other Princes as to the state of his and our gratiouse Souereigne Wherein we auouche womans regimeÌ„te to be coÌ„formable bothe to the lawe of God and the lawe of nature Which tretise maye seme ê‘chance to some as superfluous neither I greatlye denye yt and there fore might and vvolde gladlye haue spared so muche labour and trauaile yf this litle poisoned pamflett had not manye readers and many also fauorers and allowers or yf the matter did not so nighe towche euen our owne gratious and noble Souereigne or yf this lewde assertion were not as yt were by a Sampsons poste vvithe the countenance of the lawe of nature and Godes holye vvorde vnderpropped or yf that Godes holye vvorde were not nowe a dayes wretchedlye applied God reforme yt and licenciouslye vvreathed vvrested to the maintenaunce of euerye priuate maÌ„s fansie and follye and as fondelye and folisshelie credited embraced also of other fantasticall persons or yf this man were the first Se the first Blaste or like to be the lâ—ste mainteyner and setter forthe of suche a straÌ„ge and daungerous Paradoxe Or yf there haue not alredy bene publisshed and divulged by printe englishe bookes for the maintenance of the saide strange doctrine Which vvas yf vve shall creditt the setters forthe of yt firste well coÌ„sidered then aduisedlye allowed by suche persons as a greate multitude of people in manye contreyes do nowe greatlye esteme and honour or yf the daunger of this doctriÌ„e stretched not to many other greate Princes and kingdomes or to conclude yf the divulgation of this doctrine stode onlye in Englishe Bookes and that there vvere not Bodinus in metho ad cognit hisstor that haue shewed theire fonde fansie therein euen in the latin and most common tongue of all For theys and other causes vve haue sett in the last booke a confutation of this grosse and dangerous error where as also he eÌ„ueyethe most slanderouselye against her highnes for the foresayde slaughter vvith bare naked but spitefull reproches and oute cries with ovvte anye manner of kinde or countenance of good proufe we will referre the Reader to the foresaide defence of her honour By the which ansvvere ye shall see her integritie innocencie and vvith all that her accusers have in this matter played suche a Tragedie agaynst they re gwyltles Ladie and gratiouse Sovereigne as lightlie the worlde hathe not harde of the lyke The whiche theire false slaunderouse The commeÌ„dations of diuers kinges for releauinge of other PriÌ„ces beinge in extremitie owtragiouse rebelliouse doynges yt ys hoped that our gratiouse Quene wyll well consider and ponder and wyll take
one as for the excelleÌ„te giftes of God and nature in her most princelie appearinge ys vvorthie to inherite either this noble realme or any other be yt of muche more dignitie and worthines But nowe I claime nothinge for the vvorthines of the person whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others yf moste open and manifeste right Iustice and title do not coÌ„curre with the worthines of the person Then lett the praise and Worthines remaine where yt ys And the right Where God and the lavve hathe placed yt But seinge God nature and the lavve dothe call the person to this expectation whose intereste and claime I do novve prosequute I meane the right excellente Ladie The Quene of Scots is the right heire appareÌ„te to the crovvne of Englande Ladie Marie Quene of Scotlande I hope that when her right and iuste title shall be throwghlie harde and considered by the indifferente Reader yf he be persvvaded alredie for her right he shall be more firmelie setled in his trevve and good opinion and that the other parties beinge of a contrarie minde shall finde good cavvses and grovvndes to remoue them from the same and to geaue ouer and yelde to the trevvthe Her graces title then yf God call our Souereigne ovvte of this transitorie life hauinge no issue of her maiesties bodye as yt ys moste open and euidende so yt ys moste conformable to the lavve of God of nature and of this realme And consequentlie in a manner of all other realmes in the vvorlde as grovvinge by the neareste proximitie of the royall bloude She ys a kinges and a Quenes davvghter her self a Quene Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight Whose Davvghter also the ladie Lenoux ys but by a later husbande The ladie Frances late vvyfe to Henry Marques dorsett aftervvarde Duke of Suffoocke And the ladie Elenour late vvyfe to the Erle of Cumberlande and theire progenye procedethe from the ladie Marie dowager of France yongest sister of the saide kinge Henrie late vvife to Charles Brandon Duke of Suffolke I might here fetche forthe olde farne dayes I might reache backe to the noble and vvorthie kinges longe before the conqueste of vvhose royall bloude she ys discended vvhiche ys no parte of our purpose neither dothe enforce her title more then to proue her no stranger vvithin this realme But the argumentes and proufes which vve meane to alleage and bringe forthe for the confirmation of her right and title in succession as heire apparente to the crovvne of Englande are gathered and grovvnded vpon the lavves of God and nature and not onlie receaued in the ciuill pollicies of other nations but also in the olde lawes and customes of our ovvne contrey by reason approued and by vse and longe concontinevvance of time obserued from the firste constitution of this realme in politicall order vnto this presente daye And yet for all that hathe yt bene aÌ„d yet ys by some men attempted artificiallie to obiecte and caste manie mistie darke clovvdes before meÌ„nes eyes to kepe from them yf yt maye be the cleare light of the saide iuste title the vvhiche they vvolde extingvvishe or at the leaste blemishe withe some obscure shadovve of lavve But in deede against the lavve and vvith the shadovve of parliameÌ„ts But in deede against the trewe meaninge of the pliameÌ„tes And albe it yt were inowghe for vs our cawse beinge so firmelie aÌ„d suerlie established vpoÌ„ all good reason aÌ„d lawe to stande at defence and onlie to auoide as easelie vve maye theire obiections Whiche principallie and cheifelie are grovvnded vpon the common lawes and statutes of this realme yet for the betteringe aÌ„d strengtheninge of the same vve shall laye forthe sondrie greate aÌ„d inuincible reasons coÌ„ioyned vvithe good and sufficieÌ„t aucthoritie of the lawe so approued and coÌ„firmed that the aduersaries shall neuer be able iustlie to impugne them And so that vve truste after the readinge of this our treatise aÌ„d the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title Whose expectatioÌ„ aÌ„d coÌ„science althovvghe we truste fullie in this discourse to satisfie aÌ„d doubte nothinge in the vvorlde of the rightfulnes of our cause Yet must we nedes coÌ„fesse the maÌ„ner aÌ„d forme to eÌ„treate therof to be full of difficultie aÌ„d ê‘plexitie For suche causes of Princes as they be seldome and rare so ys yt more rare and stange to finde them discoursed discussed and determined by any lawe or statute Albe it nowe and then some statutes tende that vvaye Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente but vvith priuate mens causes And yet this not withstandinge for the better iustifiengè of our cavvse albe yt I denye not but that by the coÌ„mon lavve yt muste be knovven vvho ovvght to haue the crovvne And that the coÌ„mon lavve muste discerne the right aswell of the crowne as of subiects Yet I saye that there ys a greate difference betvvene the kinges right aÌ„d the right of others And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the coÌ„mon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same The coÌ„moÌ„ lavve of this realme ys rather grouÌ„ded vpon a generall custome then any lawe written For the prouf wherof let vs consider What the comon lavve of this rerealme ys and howe the rules therof be grownded and do take place Yt ys verie manifeste and plaine that the comon lawe of this realme of Englande ys no lawe WritteÌ„ but grovvnded onlie vppoÌ„ a coÌ„mon and generall custome throvvghe ovvte the vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVLPHVS DE GLANVILLA In ê“logo suo eâ—sdeÌ„ libri fol. 1. 2. Who wrote in the time of the noble kinge Henrie the secoÌ„de De dicto Ranulpbo Glanuilla vide GeralduÌ„ CaÌ„breÌ„sem in Topogra de vvallia of the lavve and custome of the realme of englande Beinge then and also in the time of the reigne of kinge Richarde the first the cheif counsailler and iustice of the same kinge And also by the famous Iustice Fortescue in his booke which he wrote beinge Chancellour of Englande Fortescue de laud legum Angliae ca. 17 De laudibus legum Angliae And by 33 H. 6 51. and by 8. E. 4. 19. Which custome by vsage and coÌ„tinuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie knovven and mainteined 8. E. 4 19 33. H. 6 51 piÌ„soÌ„s printe Wherein we seame muche agreable to the olde lacedemoniaÌ„s vvho manie hundred yeares past most politikelie and famouselie gouerned theire common
c. Possessio fratris beiÌ„ge gnÌ„rall Neither hathe bene or caÌ„ be stretched to the inheritaÌ„ce of the croune for the brother of the half bloud shall succede aÌ„d not the sister of the vvhole bloud as maye appeare by Iustice Moile aÌ„d †34 H 6. 58. Red. printe maie be ê“ued by kinge Etheldred brother aÌ„d successor to kinge Edwarde the Martyr and by kinge Edvvarde the confessour brother to Kinge EdmuÌ„de aÌ„d diuers others who succeded in the crovvne of EnglaÌ„de beinge but of the halfe bloud As vvas also the late Quene Marie aÌ„d ys at this present our gratious Souereigne Elizabethe Who bothe in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded as by daylie experience asvvell in the exchequer al also in all other covvrtes ys manifeste do make theire conueiance as heires in bloude the one to the other vvhiche yf they vvere coÌ„mon or priuate persones they coulde not be allovved in lavve they as ys vvell knowen beinge of the half bloude one to the other Nor that the executour shall haue the goodes and chatelle of the testatour that ys to vvitt begotten of one father but borne of sondrie mothers Yt ys also a generall rule in the lavve that the executours shall haue the goodes aÌ„d chattelles of the testatour and not the heire aÌ„d yet ys yt othervvise in the case of the crovvne for there the successor shall haue them and not the executour as appearethe in 7 H. 4 by Gascoine 7 H. 4. fo 43 11 H. 4 9. Yt ys likevvise a generall rule that a man Attainted of felonie or treason his heire throwghe the corruption of bloude Nor that a traitour is vnhable to take land by disceÌ„t withoute pardon vvithoute pardon and restitutioÌ„ of bloude ys vnable to take any landes by discente Which rule althowghe yt be generall yet yt extendethe not to the discente or succession of the crovvne althovvghe the same Attainder were by acte of ê‘liameÌ„te as maie appeare by the Attainder of Richarde Duke of yorke and kinge Edvvarde his sonne and also of kinge Henrie the seaueÌ„the whoe were attainted by acte of parliamente and never restored and yet no dishabilitie thereby vnto Edvvarde the fovvrethe nor vnto Henry the seaventhe to receave the crovvne by lavvfull succession But to thys you wolde seame to ansvvere in your saide booke saienge that Henry the seaventhe not vvithstandinge hys Attainder came to the crowne as cast vpon him by the order of the lawe For as muche that vvhen the crovvne vvas caste vpoÌ„ him that dishabilitie ceased Wherein ye confesse directlie that the Attainder ys no dishabilitie at all to the successioÌ„ of the crovvne For althovvghe no dishabilitie can be alleaged in him that hathe the crovvne in possession yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession then muste ye saie that he vvas not lavvfull kinge but an vsurper And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge and that the crovvne vvas lavvfullie caste vpon hym ye confesse directlie thereby that before he Was kinge in possession there vvas no dishabilitie in hym to take the crovvne by lavvfull succession hys saide Attainder not vvith standinge Whiche ys as muche as I vvolde vvishe you to graunte But in conclusion vnderstandinge your self that this your reason can not mainteine your intente you go abovvte an other vvaye to helpe your selfe An ansvvere to the aduersarie makiÌ„ge a difference betwene attaiÌ„der the birthe ovvte of the alleageance makinge a difference in the lavve betvvene the case of Attainder and the case of forren birthe ovvte of the kinges alleagance sainge that in the case of the Attainder necessitie dothe enforce the succession of the crovvne vpon the partie attainted For othervvise ye saie the crovvne shall not descende to anye But vpon the birthe ovvte of the kinges allegeance ye saie yt ys othervvise And for prouf therof ye put a case of I. S. beinge seased of landes and havinge issevve A and B. A ys attainted in the life of I. S. his father and after I. S. diethe A livinge vnrestored Novve the lande shall not descende either to A or B. But shall goe to the lorde of the fee by vvaye of eschete Othervvise yt had bene ye saie yf A had bene borne beyonde the sea I S. breakinge his allegeance to the kinge and after I S. cometh againe into the realme aÌ„d hathe issevve B. and diethe for novve ye saie B. shall inherite hys fathers landes Yf the crowne had bene holden of any person to whom yt might haue escheted as in your case of I S. the lande did Then paraduenture there had bene some affinitie betwene your saide case and the case of the crowne But there ys no suche matter Besides that ye muste consider that the kinge cometh to the crovvne not onlie by discente but also and cheifelie by succession as vnto a corporation And therefore ye might easelie haue sene a difference in your cases betvvene the kinges Maiestie and I S. a subiecte And also betwene landes holden of a lorde above and the crowne holden of no earthlie lorde but of God almightie onlie But yet for argumentes sake I wolde faine knowe vvhere you finde your difference aÌ„d vvhat aucthoritie you can shevve for the proof therof Ye haue made no marginall note of any aucthoritie And therefore vnlesse ye also saie that ye are Pythagoras I will not beleve your difference Well I am assuered that I can shewe you good aucthoritie to the contrarie And that there ys no difference in your cases Pervse I praie you 22. H. 6. and there maye you see the opinioÌ„ of Iustice NewtoÌ„ 22. H. â— fol. 43. that there ys no difference in your cases but that in bothe your cases the lande shall eschete vnto the lorde And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discente Where the eldeste sonne vvas borne beyonde the seas durste not abide in lavve vpon that title This aucthoritie ys againste your difference and this aucthoritie I am well assuerid ys better then any that you haue shewed to proue your difference But yf We shall admitt your difference to be accordinge to the lavve yet your cases Whervnto you applye your differeÌ„ce are nothiÌ„ge like as I have saiede before But to procede on in the proof of our purpose as yt dothe appeare The supposed maxime of the adâ—saries tovchethe not kinges borne beyoÌ„de the sea as appeareth by kinge Stephen and kiÌ„ge H. 2. that neither the kiÌ„ge nor his crovne ys bownde by theys general rules which before I haue shevved So do I like wise saie of all the residewe of the generall rules aÌ„d maximes of the lawe beinge in a maÌ„ner infinite But to retorne againe vnto your onlie supposed Maxime whiche you make so generall coÌ„cerninge the dishabilitie of persoÌ„s borne beyonde the seas yt ys verie plaine
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
laste will disposed thys realme in to two or three partes devidinge the governemente therof to three persons to rule as severall kynges As for exemple wales vnto one the Northe partes vnto an other the Sowthe partes vnto the thyrde and by that meanes had miserablie reÌ„te this realme in to partes Had this ben accordinge to the inteÌ„te and meaninge of the saide actes of parliament or had yt bene a good aÌ„d sufficieÌ„t limitation in lawe No verelie I thyncke no man of any reasonable vnderstandynge will so saye And no more can he eyther saye or thyncke of the remainder limited vnto the heires of the bodie of the saide Ladie FraÌ„ces by the saide supposed will Nowe to complete and finishe this our treatise towchinge the Quene of Scotlandes title to the succession of the crovne as we have done so lett vs frelie and liberallie grauÌ„te the aduersaries that which ys not trewe that ys that the sayde supposed vvill vvas signed vvith the kinges ovvne haÌ„de Lett the heires of the Ladye Fraunces come forthe in godes name laye forthe to the worlde theire demaunde and supposed right againste the sayde Quene of Scotlandes intereste The Quene on the other side to fortefie and stâ—engthen her claime layethe forthe to the open sight of all the worlde her iuste title and interest signed aÌ„d alwayes a fore this time allowed nor onlye as vvith the seales but vvith the othes also of all the kinges that euer were in EnglaÌ„de taken at the time of theire coronation for the continuance of the lawes of this noble realme of Englande Signed and allowed I saye almoste of all the vvorlde besides Yea signed with God aÌ„d nature theire owne fingers Her right ys as open and as cleare as the bright sonne Nowe to darken and shadowe this glorious light What do the heires of the saide Ladye Frances or others bringe forthe to grownde theire iuste claime and demaunde vpon When all ys done they are faine to ruÌ„ne and catche holde vpon kinge HeÌ„rie the eightes written vvill signed with his owne haÌ„de Well let them take as good hand faste theron as they can But yet lett theÌ„ shewe to the saide Quene the saide originall vvill Yt ys vvell knowen that they them selues haue saide that that to do they can not Yet lett them at leaste laye forthe some authenticall recorde of the same Yt ys also notorious they can not Yf then the fowndation of theire claime beynge the vvill of suche a Prince and of so late and freshe memorie made neither the originall nor yet any good and vvorthie recorde sufficientlie authorised remaine of the same By what colour vvill they exclude the sayde Quene They muste claime either by ê“ximitie of bloude or by charter For the firâ—te nature hathe excluded them charter they haue none to shewe They will perchance crye owte and complaine of the losse and imbecillinge of the same and saye that suche a casualtie shoulde not distroye and extingwishe theire right This were some thinge perchance yf yt vvere in a priuate mans case Yt vvere some what yf theire demaunde did not destroye the common lawe and the lawe of nature also Yt vvere somevvhat yf theire supposed charter vvere perisshed or by any fraudulent meanes intercepted by the sayde Quene vpon vvhom in this pointe yt ys not possible to fasten any the verye least sinister suspicion Yt were somewhat yf they dyd not aspire to take gayne and lucre Or yf the Quene sowght not to auoyde dommage For doÌ„mage yt ys when any persone ys spoyled of any ryght dewe to hym by lavve and reason And there ys a greate oddes in the consideration of the lavve and reason betwene avancinge our gaine aÌ„d gaine we do that that doth growe and accrevve vnto vs by mere gyfte or legacie as dothe the crovvne Non est par ratio lucra non capere damna sentire l. fi C. codiciÌ„lle l. proculus ff de daÌ„no inflic iÌ„stitut de leg si res de leg fin C. to theis competitoures and heyres of the Ladie Frances and eschevvenge doÌ„mage and losse And losse the lavve accompteth to be when we are defeated of our auncetours inheritaÌ„ce So that bothe beinge putt in the indifferent balance of reason lavve and conscieÌ„ce the doÌ„mage shall overvveyghe the mere lucre and gaine Yea I vvill saye more that in case eyther the saide Quene of Scotlande or anie other were in possession of the crovne havinge no ryght to the same yet yf the issevve of the Ladie Frances had no farther nor better ryght then theis pretended vvritynges the defendant cleavinge to the onlie possession Were sauf and suer and vvere not bovvnde to shevve to them theire title For yt ys a rule of the lawe that yf the plaintiffe faile in his proufe l. qui accusare C. de edendo §. coÌ„modum Inst. de interdict the defendaÌ„te shal be discharged Yea thovvghe he hathe no better ryght then bare and naked possession Neither coulde they any thinge be relived thowghe the preteÌ„sed recorde of the chaun cerie vvere yet extante not for suche cavvses onlie as vve have specified but for divers other For yt maye well be doubted thovgh the saide recorde might beare sufficient creditt amonge the subiectes of this Realme Wether yt maye beare the same agaiÌ„ste one that ys no subiecte Againe yt ys a rule l. si quis in aliquo documeÌ„to C. de edeÌ„do that the publike instrumeÌ„te makinge mention of an other dothe nothinge prove againste the partie in respecte of any thynge so mentioned oneles the originall yt self be producted Yf therefore theis coÌ„petitours have loste theire instrumeÌ„tes and evidences vvhere vpon they muste of necessitie builde theire demaunde and claime to the exclusion of an other notorious ryght and tytle they muste beare the discommoditie therof that sovvght there by theire lucrative advancement and commoditie not the person that demaundeth nothinge else but that to hym lavvfullie and orderlie ys devve Yea they aÌ„d vve to have good cavvse to thinke that this thinge in case anie suche vville vvere ys vvonderfullie vvrovvght by godes permission and prouidence For yt ys almoste incredible to heare and beleaue suche kinde of writinges and in so greate and weightie a matter as this pretensed will comprisethe so sone extinguished and perished as yt were for speciall purpose to preserue to this noble realme the trewe aÌ„d syncere succession of the next royall bloud vvhich yf yt shoulde be certaine I can not tell vvhat enterlined papers and scrowles be deriued and transferred to any other vvrongfull heires Yt wil be a vvonderfull and strange thinge to the vvorlde to heare and to importable to vs and to our posteritie to beare yt Yt vvill then be so farre of that that thinge vvhich the parliamente moste regarded in this coÌ„mission shall by this pretensed vvill be procured and purchassed to this realme as to haue a certaine knowen vndowbted lawfull gouernour kinge to haue striffe contentions and deuisions for the
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§