only Of the like weight is his other coÌsideration imaginiÌg and surmising this statute to be made bicause the King had so many occasioÌs to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takeÌ as a declaratioÌ of the coÌmon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother EdmuÌd Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine ViolaÌt daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid couÌtreies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womeÌ might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this maÌ swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters whereâoeuer they be borne Al the doubt was for other persons as appeareth euideÌtly by the tenour of the statute whether by the coÌmon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driueÌ to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childreÌ and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin coÌprised so vpoÌ these FreÌch wordes Les enfants de Roy he noteth in the MargeÌt The Kings childreÌ but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takeÌ strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritaÌce and not for the Cround as most men take it and as it may be as we haue said very wel takeÌ and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childreÌ the Croune also is meant yet neither may we enforce the rule of foraine borne vpoÌ the kings children which are by theâpresse wordes of the statute excepted neither enforce the word Inâââs to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the coÌtrarie seing that the right of the Croune falling vpoÌ them they may wel be called the kings ChildreÌ or at the lest the childreÌ of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expouÌded of the same the said Queene is out of the reach and coÌpasse of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England
the said Wil and others for the execution and performance of the same Finally the said Testament was recorded in the Chancerie Wherfore they affirme thaâ there ought no manner of doubt moue any man to the coÌtrarie and that either we must graunt this Wil to be signed with his hand or that he made no Wil at al both must be graunted or both denied If any wil deny it in case he be one of the witnesses he shal impugne his owne testimonie if he be one of the executours he shal ouerthrow the foundatioÌ of al his doinges in procuring the said Wil to be inrolled and set forth vnder the great Seale And so by their dubblenes they shal make them selues no mete witnesses Nowe a man can not lightly imagine how any other bysides these two kind of witnesses for some of them and of the executors were such as were coÌtinually wayting vpon the Kinges person may impugne this Wil and proue that the king did not signe the same But if any such impugne the Wil it would be coÌsidered how many they are and what they are and it wil be very harde to proue negatiuam facti But it is euidente say they that there was neuer any such lawful proufe against the said Wil producted For if it had ben it would haue ben published in the Starrechamber preached at Poules Crosse declared by Acte of Parlament proclaimed in euery quarter of the Realme Yea admitting say they that it were proued that the said pretensed Wil lacked the Kinges hande yet neuerthelesse say they the very copies we haue spoken of being written and signed or at least interlined with his owne hande may be saide a sufficient signing with his owne hande For seing the scope and final purpose of the statute was to haue the succession prouided for and ascerteined whiche is sufficiently done in the said Wil and seing his owne hande was required but onely for eschewing euil and sinister dealing whereof there is no suspicion in this Will to be gathered what matter in the worlde or what difference is there when the King fulfilled and accomplisihed this gratiouse Acte that was loked for at his handes whether he signed the Will with his owne hande or no If it be obiected that the King was obliged and bound to a certaine precise order and forme which he could in no wise shift but that the Acte without it muste perish and be of no valewe then say they wee vndoe whole Parlamentes aswel in Queene Maries time as in King Henry the eightes time In Queene Maries time bycause she omitted the Style appointed by Parlamente Anno ãâã octauiârice simo quinto In King Henries tyme by reason there was a statute that the Kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hande though he be not there personally And yet did the saied King supplie full ofte his confente by the stampe only This yet notwithstanding the said Parlamentes for the omission of these formes so exactely and precisely appointed are not destroyed and disannulled After this sorte in effecte haue the Aduersaries replied for the defence of the said pretensed Will. To this we wil make our reioynder and saye Firste that our principall matter is not to ioyne an islewe whether the saide Kinge made and ordeyned any sufficient Will or no. We leaue that to an other time But whether he made any Testament in suche order and forme as the statute requireth Wherefore if it be defectiue in the said forme as we affirme it to be were it otherwise neuer so good and perfect though it were exemplified by the great Seale and recorded in Chancerie and taken commonly for his Wâll and so accomplished it is nothing to the principal question It resteth then for vs to consider the weight of the Aduersaries presumptions whereby they would inforce a probabilitie that the Testament had the foresaide requisite forme Yet first it is to be coÌsidered what presumptions and of what force and number do occurre to auoide and frustrate the Aduersaries presumptions and all other like We say then there occurre many likelyhoddes many presumptions many great and weightie reasons to make vs to thinke that as the king neuer had good and iuste cause to minde and enterprise suche an Acte as is pretended so likewise he did enterprise no such Acte in deede I deny not but that theâ was such authoritie geuen him neither I deây but that he might also in some honorable sort haue practised the same to the honour and wealth of the Realme and to the good coÌtentation of the same Realm But that he had either cause or did exercise the said authoritie in suche strange and dishonorable sort as is pretended I plainely denie For being at the time of this pretensed Wil furnished and adorned with issue the late king Edward and the Ladies Marie and Elizabeth their state and succession being also lately by Acte of Parlament established what neede or likelyhod was there for the king then to practise such newe deuises as neuer did I suppose any king in this Realme before and fewe in any other byside And where they were practised commonly had infortunate and lamentable successe What likelyhode was there for him to practise such deuises especially in his later daies when wisdome the loue of God and his Realme should haue bene moste ripe in him that were likely to sturre vppe a greater fier of greeuouse contention and woful destruction in England then euer did the deadly factioÌ of the red Rose and the white lately by the incorporation and vnion of the house of Yorke and Lancaster in the person of his father through the mariage of Ladie Elizabeth eldest daughter of king Edwarde the fourth most happily extinguished and buried And though it might be thought or said that there would be no such eause of feare by reason the matter passed by Parlament yet could not he be ignorant that neither Parlamentes made for Henry the fourth or continuance of twoo Descentes whiche toke no place in geuing any Title touching the Croune in King Henry the sixt nor Parlamentes made for King Râchard the third nor Parlaments of attainder made against his father could either preiudice his fathers right or releaue other against such as pretended iust right and title And as he could not be ignoraÌt therof so it is not to be thought that he would abuse the great confidence put vppon him by the Parlament and disherite without any apparent cause the next royal blood and thinke all thinges sure by the colour of Parlament The litle force whereof against the right inheritour he had to his fathers and his owne so ample benefit so lately and so largely sene and felt And yet if he minded at any time to preiudice the said Lady Marie Queend of Scotland of al times he would not haue done it then when al his care was by al possible meanes to contriue and compasse a mariage
betwene his sonne Edward and the said Lady and Quene Surely he was to wise of him selfe and was furnished with to wise CouÌsailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherision for any special inclination or fauour he bare to the French Queene his sisters children For there haue bene of his neere and priuie Counfaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howe so euer this matter goeth certeine it is that if this pretensed Wil be true he transferreed and traÌsposed the reuersion of the Croune not only from the Queene of ScotlaÌd from my Ladie Leneux and their issue but euen from my Ladie Francis and my Ladie Elenour also daughters to the Frenche Queene whiche is a ching in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remeÌbrance of two other most pregnaÌt and notable coniectures and presumptions For among al other incoÌueniences and absurdities that do and may accoÌpanie this rash and vnaduised acte by this preteÌsed Wil inconsiderately mainteined it is principally to be noted that this Acte geueth appareÌt and iust occasion of perpetual disherison of the Style and Title of FraÌce incorporated and vnited to the Croune of this Realme For whereby do or haue the Frenchmen hitherto excluded the Kings of this Realme claiming the Croune of France by the Title of Edward the third falling vpon him by the right of his mother other then by a politike and ciuil law of their owne that barreth the female from the right of the Croune And what doth this preteÌsed Act of king Henrie but iustifie and strengthen their quarel and ouerthoweth the foundatioÌ and bulworke wherby we mainteme our foresaid Title and claime If we may by our municipal law exclude the said Queene of Scotland being called to the Croune by the Title of general heritage then is their municipal law likewise good and effectual and coÌsequently we ãâã and haue made al this while an vniust and wrongful claime to the Croune of France But now to go somewhat farther in the matter or rather to come neerer home and to the quicke of the matter we say as there was some apparent and good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation and appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and Wil which may easely be altered and counterfeyted And least of al make such assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison For the Kinges exaÌple and boldnes in interrupting and cutting away so many branches of the neerest side and line might sone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the King him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis. And did not I pray you this drift and deuise fal out euen so tending to the vtter exclusioÌ of the late Queene Marie and her Sister Elizabeth if God had not of his mercy most gratiously and wonderfully repressed and ouerthroweÌ the same These reasons then and presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of th' Aduersaries grounded vpon vncertaine and mere surmises ghesses and coniectures as among other that the King was offended with the Quene of Scotland and with the Ladie Leneux Which is not true And as for the Ladie Leneux it hath no manner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the King would haue especially at that time for such cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realm or was it thinke ye euer thought by the Parlament that the King should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offended with the FreÌch Quenes childreÌ why did he disherite the Ladie FraÌcis and the Ladie Elenor also Their other presumption whiche they ground vpoÌ the auoyding of the vncertenty of the succession by reason of his Wil is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure that contrarywise it is subiecte to more vncerteintie and to lesse suertie then before For whereas before the right and claime to the Croune hong vppon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vppon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoided so now depending vpon the statute onely it is as easie by an other statute to be intringed and ouerthrowen And depending vppon a Testament is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the Witnesses vnexamined and for many other like considerations The Monumentes of al antiquitie the memorie of al ages and of our owne age and dayly experience can tel and shewe vs many lamentable examples of many a good and lawful Testament by vndue and craftie meanes by false and suborned witnesses by the couetous bearing and main tenance of such as be in authoritie quite vndone and ouerthrowne Wherefore Valerius Maxtmus crieth out against M. Crassus and Q. Hortensiu Lumina âuriae ornamenta Fori quod scelus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presumption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the King would not hasard
the said statutes And therefore in that respect the said Wil is insufficient in lawe And to aggrauate the matter farther ye shal vnderstand of great inconueniences and imminent dangers which as yet are likely to ensue if that supposed Wil should take place It is not vnknowen but that at the time of the making of the said Wil the said Ladie Francis had no issue male but onely three daughters betwene her and Henrie Duke of Suffolke Afterward in the time of our late soueraigne Ladie Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him Which issue if it were a son and be also yet liuing by the wordes of the said supposed Wil is to inherite the Croune of this Realme before the daughters betwene her and the said late Duke of Suffolke begotteÌ which thing was neither intended nor meant by the makers of the said Actes Who can with any reason or common sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his Letters PateÌts or last Wil to disherit the Queene of Scotland lineally descended of the blood roial of this Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King and Gouernour ouer this noble Realme of EnglaÌd The inconueniences whereof as also of the like that might haue followed of the preteÌsed Mariage of M. Keies the late Sergeante Porter I referre to the graue consideratioÌs and iudgementes of the honorable and worshipful of this Realme Some peraduenture wil say that King Henry the eight meant by his Wil to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten and not vnto the heires by any other person to be begotteÌ Which meaning although it might very hardly be gathered vpon the said supposed Wil yet can not the same be without as great inconueniences as the other For if the Croune should nowe remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of this Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is compted in law a ioynt purchase doth make all the issue female inheritable a like and cannot go according to the ancient law of a desceÌt to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differeÌces be in law where one cometh to any Title by descent and where as a purchaser And also if th' one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors and so might their issue being heirs females make the gouernmeÌt grow infinite Which thing was most farre from the meaning of the makers of that Acte of ParlameÌt What if the said King had by his last Wil disposed this realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example Wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent this Realme into partes Had this ben according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto heires of the body of the said Lady Francis by the said supposed Wil. Now to coÌplete and finish this our Treatise touching the Queene of ScotlaÌds Title to the fuccession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed Wil was signed with the Kings owne hand Let the heires of the Lady Francis come forth in Gods name and lay forth to the world their demauÌd and supposed right against the said Q. of Scotlandes interest The Quene on th' other side to fortifie and streÌgthen her claime laieth forth to the open sight of al the worlde her âust title and interest signed and alwaies afore this time allowed not onely as with the Seales but with the othes also of al the Kings that euer wer in EnglaÌd takeÌ at the time of their Coronation for the coÌtinuance of the lawes of this noble Realme of England signed and allowed I say almost of al the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Francis or others bring forth to grouÌd their iust claime and demauÌd vpoÌ When al is done they are faine to ruÌne and catche holde vpon King Henry the eightes written Wil signed with his owne hande Wel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original Wil. It is wel knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some autheÌtical Record of the same It is also notorious that they can not If then the foundation of their claime being the Wil of such a Prince and of so late and fresh memorie made neither the original nor yet any good and worthy Recorde sufficiently authorised remaine of the same by what colour wil they exclude the saide Queene They must claime either by proximitie of blood or by Charter For the first nature hath excluded them Charter they haue none to shew They wil perchance crie out and complain of the losse and imbeaseling of the same and say that such a casualtie should not destroye and extinguish their right This were some thing perchance if it were in a priuate maÌs case It were somewhat if their demauÌd did not destroy the coÌmon law and the law of nature also It were somewhat if their supposed Charter were perished or by any frau duleÌt meanes intercepted by the said Quene Vpon whom in this point it is not possible to fasten any the very least sinister suspicioÌ It were somewhat if they did not aspire to take gaine and lucre or if the Queene sought not to auoide daÌmage For daÌmage it is when any person is spoiled of any right due to him by law and reason And there is
then shal we with our children after vs reape the pleasant fruites of this noble coÌiunctioÌ wrought thus to our haÌdes by Gods good and gratious prouidence without expense force or slaughter which hitherto a numbre of our courageous wise and mightie Princes haue this thousand yeares and vpward sought for but in vaine as yet with so excessiue charges with so great paines and with so many and maine Armies and with the blood of so many of their subiectes Then shal we most fortunately see and most gloriously inioye a perfect and entier Monarchy of this I le of Britanie or Albion vnited and incorporated after a most merueilous sort and in the worthie and excelleÌt person of a Prince mete and capable of such a monarchie As in whose person by side her worthy noble and princely qualities not only the roial and vnspotted blood of the auncient and noble Kings of ScotlaÌd but of the Normans and of th' English Kings withal as wel long before as sitheÌce the CoÌquest yea and of the Britaine 's also the most auncient inhabitants and Lords of this Iland do woÌderfully and as it were euen for such a notable purpose by the great prouidence of God most happily concurre The euident trueth whereof the said Queenes petigrue doth most plainly and openly set foorth to euery mans sight and eye Then I say may this noble Realme and Iland be called not Albion only but rather Olbion that is fortunate happy and blessed Which happy and blessed coniunction when it chauÌceth if we vnthankfully refuse we refuse our health and welfare and Gods good blessing vpon vs we refuse our dewty to God who sendeth our dewty to the partie whom he sendeth and our dewty to our natiue CouÌtrey to whom he sendeth such a person to be our Maistresse And such commodities and honour withal comming therby as I haue said to whole AlbioÌ as a greater we cannot wishe And finally we shal procure and purchase as much as in vs lieth such disturbance of the common-wealth such vexatioÌs troubles and warres as may tende to the vtter subuersion of this Realme from which dangers God of his great and vnspeakable mercie defend and pre serue vs. FINIS Hos tres libros à viris Catholicis ijsque eruditissimis lectos examinatos intellecto ab ijsdem librorum argumento vnà cum editionis necessarijs causis iudicaui meritò edendos esse Actum Louanij 6. Martij 1571. Thomas Gozaeus à Bellomonte sacrae Theologiae Professor authoritate Pontificis librorum approbator Errata Libri secundi Fol. Pa. Lin. Errata Correction 4 2 16 Ad And 10 1 18 vvorlde vvorde 11 2 14 good goodes 28 2 17 Bblach Blanch. 32 1 3 in Chauncerie In the Chauncerie 53 2 16 landes and testamentes laÌdes and tenemeÌtes 58 2 24 laufully neece laufull neece 64 2 5 unto heires unto the heires 66 2 27 be produced be procured 67 1 17 put out vvrongfully Errata Libri tertij 9 1 2 Salomon Salmon 9 1 5 fasly safely 15 2 22 father Constantinus father Constantius MeÌ should be rather prone to absolue then to coÌdemne It is nothing like that the Queene vvould haue sought the destruction of the Lord Darley by these meanes vvhen she might haue opeÌly put him to death by Iustice The Q. contrary to minde of her Nobles came into England The Q. enemies lay to her discord vvith the Lorde Darley vvhereof they vvere the authours The Q. vvas fully reconciled to the L. Darley before his death The adueriaties charge the Q vvith their ovvne vvicked deuises The Q. moued by them to make a diuorse vvith the L. Darley The accusation touching letters lent by her to the Earle Bothevvel The vnlikely tale of the Earle Both vvelles letters surmised to be sent to Master Balfoure In case the suâmised letters vvere sent by the Q they can make no good prouf against her L. sin e dâ Probat What exquisite proufes be re quired in criminal causes The surmi sed letters neither haue superscriptioÌ of the vvriter nor subscription neitherany date neither signed nor sealed and the beater neuer knovveÌ He that vvas the surmised bearer at his death denied the same An easy thing to couÌterfeit a mans hande These letters vvere fained and contriued by the Queenes Aduersaries An ansvver to the Aduersaries obiectioÌs that the Queene did not mourne the death of the L. Darley L. Liberor ff de his qui notantur inf The consideration mouing ⪠or rather forcing the Quene to this pretensed mâ riage The Aduersaries declaratioÌ before the Commissioners of England The causes that the Rebelles pretended at the beginning Ansvvere to the first The Lord Grange promised vpoÌ his knees obedience in al the Rebelles names The Q. imprisoned at LochleueÌ The Q. thretned to be âid avvay if she vvould not renouÌce her Croune The ansvvere to the secoÌd The Quenes ene mies dimissed the Earle Both vvel vvheÌ thei might haue takeÌ him The Quenes enemies bouÌd by their haud vvriting to obey the Eâle Bothvvel if he matied the Q. An ansvvere to the third The PriÌce if he vvere at age vvold not like the enâmies doinges against his mother He vvas vnlavvfully crouned Why the confirmation of the Rebelles doinges made by an acte of Parlament is nothing vvorth The incoÌstancy of the Queenes enemies first preteÌding before the Counsaile of EnglaÌd her voluntary dimission of the Croune and after vvard that she vvas deposed A strange doctrine of Maister knoxe against vvo mans Gouernment The Quenes enemies fondly triumph of their victory against her true subiectes In case the Queene vvere culpable yet are her enemies procedigs vnlavvful It is not inough to do a good thing vnlesse it be vvel done The lavv geueth exceptions to the Defendant against the Iudges the Accusers and vvitnesses C. Qui accusat non po L. Iniquum l. fin L. qui accusat ff de accusa A good argument that the Queene by coÌpulsion dimissed the Croune The Duke Robert of Scotland ExceptioÌs most iust against the Queenes accusers ãâ¦ã ly against the Earle of Murray The great benefits emploied by the Q. vpon the said Earle He vvent about to entaile the Croune of the Realm to him self and the Stevvardes His tebellââ against the Qâene His coÌspiracy vvith them that slevve the Secretatie Dauid A charged pistilet set to the Queenes belly The Q. by her industrie coÌueied her selfe avvay vvith the L. Darley The cause vvhy the Earle Murray hated the Lorde Darley The cause vvhy the Enemies did impute the slaughter to the Q. The vvorking of Murray in the time of his absence Murray and MortoÌ the heades of the coÌspiracy against the L. Darley 2. Machab. 3. 4. Hect Boet. Lib. 11. The Earle of Murray resembled to Dunvvaldus that procured the slaughter of King Duffus in Scotland Idem li. 16. The like paâte plaid by Duke Robert in Scotland The Earle Murray aÌd his felovves being driuen froÌ al other shiftes at leÌgth laied to their Quene
the death of the Lorde Darley before the Counsaile of EnglaÌd The causes vvhy the Earle Murray vvent about asvvel to make avvay the L. Darley as to depose the Queene The Earle Murray de clared the day before that the L Darley should be slaine Diuers assembles of the Earle Murray aÌd his adherents to consult vpon the slaughter of the L. Darley Indentures made and subscribed for the execution of the said purpose Diuers excuted in Scotland for the said murther vvhereof none could charge the Queene The Q. in a maÌner miraculously deliuered out of Lochleuen prison The Commissioners appointed in EnglaÌd to heare the Quene of ScotlaÌd her maters vvel liked of her faid innocency and of her title to the succession of the Cioune An exhortation to the Earles Murray aÌd Murton aÌd others to reconcile theÌselues to the Q. The Q. of ScotlaÌd ful of mercy The ende of Rebels euer vnhappy Other Princes vvil not suffer the Quene of Scotland to be iniuried by her subiectes Man only hath the pierogatiue of vvit and reason among al earthlye creatures Men are most bouÌd to the preseruation of their CouÌtrey A great coÌmoditie to the coÌmoÌ vvealth to knovv the heire appa rente Why all the vvorld almost doth enbrace succession of Princes rather then election Flores histor anno 1057. Richardus Canonicus sanctae Trinit Lond. Flor. histo anno 1190. Polid li. 14 Polid li. 20 The Quene of Scottes is right heire apparent to the Croune of Englande Inst de iust iure §. fin The common lavve of this Realme is rather grounded vpon a general custom then any lavve vvritten In Prologo suo eiusdem li. fo 1. et 2. De dict Ra nulpho GlaÌuilla uide Giraldum Cambren in topogra de Wallia Fortescue de lau Leg. Angl. c. 17. â E. 4.19.33 H. 6.51 Pinsons printe Inst de iure natura geÌt ciuil §. ex non script 25. E. 3. The adueâ sacies case pettineth to subiects only No Maxime of the lavve bindeth the Croune vnles the Croune specially be named Of the Tenante by the curtesy Nor that the landes shal be diuided among the daughters Not the vvife shall haue the third part 5. E. 3. Tit. praerog 21. E. 3.9 28. H. 6. Nor the rule oâ Possessio fratris c. Nor that the executour shall haue the goods and Chattles of the resâatour 7. H. 4. sol 42. Nor that a traitour i vnable to take landes by discente and vvithout pardoÌ An ansvvere to the Aduersary making a difference be tvvene Attainder aÌd the birth out of the allegeaÌce 22. H. 6. fol. 43. The suppo sed Maxime of the Aduersaries touching not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. The Aduersaries obiection touching King H. 2. auoided As touching Arthur King Richardes nephevve Vt autem pax ista summa dilectio taÌ multiplici quaÌ arctiori uin culo connectatur praedictis curiae uestrae Magnatibus id ex parte uâ stra tractaÌtibus Domino disponente coÌdiximus inter Arthurum egregiuÌ Dâ cem BritaÌniae nepoteÌ nostrum haeredem si forte sine prole obirâ nos contigâ rit filiaÌ uestraÌ matrimonium contrahendum c. In tractatu paciâ inter Richa 1. TancreduÌ Regem Si ciliae Vide Reg. Houeden RicharduÌ Canonicum S. Trinitatis Londin A false Maxime set forth by the Aduersarie 7. E. 4. fo 28.9 E. 4. fo 5.11 H. 4 fo 25.14 H. 4. fo 10. the statute of Edvv. 3. An. 25. to â cheth inâe ritaÌce not purchase â H. 4. fo 25. Scotland is vvithin the allegeance of EnglaÌd The Lorde loseth not his seignorie though the tenaÌte doth not his seruice The causes vvhy the Croune caÌ not be coÌprised vvithin the pretended Maxime Without the croune there can neither be King nor allegeance 40. E. 3. fol. 10. 13. E. 3. Tit. Bref 264.16 E. 3. iurans desait 166.17 E. 3. tit scire fac 7. A Deane a Person a Priour being an Alien may demande lande in the right of his corporation An 3. R. 2.6 C. 3. fo 21. tit droit 26. lib. Ass p. 54.12 li. Ass tit enfant 13. H â fol. 14.7 E. 4. fol. 10.16 E. 3. iurans defait 9. H. 6. fol. 33.35 H. 6. so 35.5 E. 4 fol. 70.49 li. Ass A. 8â 22. H. 6. fo 31.13 H. â so 14. The King is alvvaies at ful age in respecte of his Croune The Kings children are expresly excepted from the surmised Maxime â LiberoruÌ ff de uerbo ruÌ signific L. Sed si de in ius uo caÌdo instit de haere ab intest L. Lucius ff de baered instit L. Iusta L. NâtoruÌ L. Liberorum de uerb signif L. 2. § sâ mater ad S. C. Tertul L. Filius de S. C. Maced L. Senatus de ritu nugâ L quod sâ nepotes ff test cuÌ notatis ibid. Infantes in Frenche couÌteruaileth this vvorde liberi in lat The grand fathers cal their nephues sonnes L. Gallââ § InstitueÌs ff de liber Eâ post l. ff C. de impub. Alâis substan c 1. q. 4 Father and son coÌpted in person aÌd flesh in maner one Great absurditie in excluding the true aÌd right successour for the place of his birth only An euasion auoided preteÌding the priuilege of the KiÌgs children not to be in respect of the Croune but of other laÌdes The royall blood beareth his honour vvith it vvhereso euer it be Vide Anto. Corsetum de potest et excell regi q. 106. CoÌquerors glad to ioinevvith the ioyall blood Henry the first L. â ff de legious Commonvse and pââctise the best interpretation of the lavv Eodâ anno Rex cuÌ in diebus suis processisset AeldredaÌ Vigornen sem Episco pum ad Regem Hunga riae trans mittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ tota fa milia sua ut uel ipse uel filij eius sibi succedereÌt in regnum Flor. histor 1057. Flor histo â066 Aelredus Regioual lens de reg Anglorum ad Regem Henr. 2. King Stephen and King H. â The aduer saries fond imagination that King H. 2. should come to the croune by composition not by proximitie of blood Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum recognouit in conuentu EpiscoporuÌ aliorum de regno Optimatum quod Dux HeÌr ius hae reditariuÌ in regnuÌ Angliae habebat Et Dux benigne concessit ut Rex Stepha nus tota uita sua suuÌ regnuÌ pacifice possideret Ita tamen confirmatum est pactuÌ quod ipse Rex ipsttuÌe praesentes cum caeteris regni optimatibus iurareÌt quod Dux Henr. post morteÌ Regu si illum superuiueret regnum sine aliqua contradictione obtincret Flor. histo An 1153. The like fond imagination touching King Richardes nephevv Diuersitie of opinioÌs touching the vncle aÌd nephue vvhether of them ought to be preferred in the royall gouernement