those bookes And yet ye are not ashamed to note them as sufficient authorities for the maintenance of your euil purpose and intēt But as ye would seeme to vnderstand that your rule of dishabilitie is a general Maxime of the law so me thinketh ye should not be ignorant that it is also as general yea a more general rule and Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the King or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is your sayd supposed Maxime and yet neither the King nor the Croune is by any of them bound As for example it is very plaine that the rule of the Tenante by the Curtesie is general without any exception at al. And yet the same bindeth not the Croune neither doth extende to geue any benefitte to him that shal marie the Queene of England As it was plainely agreed by all the lawiers of this Realme when King Philippe was married vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philippe and Queene Marie and of al the states of this realme it was enacted that King Philip should not claime any Tytle to be Tenaunt by the Curtesie It is also a general rule that if a man dye seased of any landes in Fee simple without issue male hauing diuerse daughters the lande shall be equally diuided amonge the daughters Which rule the learned men in the lawes of this Realme agreed vpō in the lyfe of the late noble Prince Edwarde and also euery reasonable mā knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth al as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed and haue the thirde parte of the best possessions of her husband And yet it is very clere that any Queene shal not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3.9 28. H. 6. and diuers other bookes Bysides that the rule of Possessio fratris beinge generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shal succede and not the sister of the whole blood as may appeare by Iustice Moile as may be proued by King Etheldred brother and successor to King Edward the Martyr and by King Edwarde the Confessour brother to King Edmunde and diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister who both in al recordes of our lawe wherein their seueral rightes and titles to the Croune are pleaded as by daily experience aswell in the Exchequer as also in all other Courtes is manifest doe make their conueiance as heires in blood th' one to the other which if they were cōmon or priuate persons they could not be allowed in lawe they as is wel knowen being of the halfe blood one to the other that is to wit begotten of one father but borne of sundrie mothers It is also a general rule in the lawe that the executour shal haue the good and Chattles of the testatour and not the heire And yet is it otherwise in the case of the Croune For there the successour shal haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente Whiche rule although it be general yet it extendeth not to the discente or succession of the Croune although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Richarde Duke of Yorke and King Edward his son and also of King Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto Edwarde the fourth nor vnto Henry the seuenth to receaue the Croune by lawful succession But to this you would seeme to answere in your said booke saying that Hēry the seuenth notwithstanding his Attainder came to the Croune as caste vpon him by the order of the lawe forasmuch that when the Croune was caste vpon him that dishabilitie ceassed Wherein ye confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful succession then must ye say that he was not lawful King but an vsurper And therfore in confessing Henry the seuenth to be a lawful King and that the Croune was lawfully caste vppon him ye confesse directly thereby that before he was Kinge in possession there was no dishabilitie in him to take the Croune by lawful successiō his said Attainder notwithstanding which is as much as I would wish you to graunt But in conclusion vnderstanding your self that this your reason can not mainteine your intente you goe about an other way to helpe your self making a difference in the lawe betwene the case of Attainder and the case of foraine byrth out of the Kinges allogeāce saying that in the case of the Attainder neessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise ye say the Croune shall not descende to any But vpon the birth out of the Kinges allegance ye say it is otherwise And for proufe therof ye put a case of I.S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I.S. his father and after I.S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had ben ye say if A. had ben borne beyond the sea I. S. breaking his allegeāce to the King and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now ye say B. shal inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in your case of I.S. the lande did then peraduenture there had bene some affinitie betwene your said case and the case of the Croune But there is no such matter Bysides that ye muste consider that the King cometh to the Croune not onely by descente but also and chiefly by succession as vnto a corporation And therefore ye might easely haue sene a difference in your cases betwene the Kinges Maiestie and I.S. a subiecte And also betwene landes holden of a Lorde aboue and the Croune holden of no earthly Lorde but
and remaining beyond the sea in the custody of the said Constance yet of this fact being against al Iustice aswel the said Archbishop as also many of th' other did after most earnestly repent considering the cruel and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himself Which most foul aÌ„d shamful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had beÌ„ barred to inherit the Croune of England And much lesse to haue imprisoned that most innocent Ladie Elenor sister to the said Arthur in Bristow Castle wher she miserably ended her life if that gay Maxime would haue serued to haue excluded these two childreÌ„ bicause thei wer straÌ„gers borne in the partes beyond the seas Yea it appeareth in other doings also of the said time and by the storie of the said Iohn that the birth out of the legeaÌ„ce of England by father aÌ„d mother foram was not takeÌ„ for a sufficieÌ„t repulse and reiectioÌ„ to the right and title of the Croune For the BaroÌ„s of EnglaÌ„d being then at dissension with the said King Iohn and renouÌ„cing their allegeance to him receaued Lewis the eldest sonne of Philip the FreÌ„ch king to be their King in the right of Blanch his wife whiche was a stranger borne albe it the lawful Neece of the said Richard and daughter to Alphonse king of Caâ—til begotten on the bodie of Elenour his wife one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn Which storie I alleage only to this purpose thereby to gather the opinion of the time that foraine birth was then thought no barre in the Title of the Croune For otherwise how could Lewis of FraÌ„ce preteÌ„d title to the Croune in the right of the said Bblach his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatioÌ„s or otherwise worse depraued for a good sure and substantial interpretation of the coÌ„mon law And it were not altogether from the purpose here to consider and weigh with what and how greuous plagues this Realme hath bene oft afflicted and scourged by reason of wrongful and vsurped titles I wil not reuiue by odious rehearsal the greatenes and number of the same plagues as wel otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remeÌ„brance extinct and buried I wil now put the gentle Reader in remembrance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncieÌ„t what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monumeÌ„ts of our Historiographers do plainly testifie was the true and lawful Heire Could he thinke you enioy his ambitious and naughty vsurping one whole entier yere No surely ere the first yeare of his vsurped reigne turned about he was spoiled and turned out both of Croune and his life withal Yea his vsurpation occasioned the conquest of the whole realme by WilliaÌ„ Duke of NormaÌ„die bastard sonne to Robert the sixt Duke of the same And may we thinke al safe and sound now from like danger if we should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice What shal I now speake of the cruel ciuil warres betwene King Stephen and King Henry the second whiche warres rose by reason of the said Henry was vniustly kept froÌ„ the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lament with the lamentable losse of Normandie Aquitaine and the possibilitie of the Dukedome of Britanie and with the losse of our other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur Wel let vs leaue these greuouse and lothsome remembrances and let vs yet seeke if we may finde any later interpretation either of the said statute or rather of the coÌ„mon law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exaÌ„ples would not serue prouided a later but so good so sure so apt and mete interpretatioÌ„ for our cause as any reasonable hart may desire The interpretatioÌ„ directly toucheth our case which I meane by the mariage of the Lady Margaret eldest daughter to King HeÌ„ry the vij vnto Iames the fourth KiÌ„g of ScotlaÌ„d and by the opinioÌ„ of the said most prudeÌ„t Prince in bestowing his said daughter into ScotlaÌ„d a ma ter sufficient inough to ouerthrow al those cauilling inueÌ„tioÌ„s of the aduersarie For what time King Iames the fourth sent his ambassadour to king HeÌ„ry the seueÌ„th to obteine his good wil to espouse the said Lady Margaret there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not wel like vpon the said Mariage saying it might so fal out that the right and Title of the Croune might be deuolued to the Lady Margaret and her childreÌ„ and the Realm therby might be subiect to ScotlaÌ„d To the whiche the prudent and wise King answered that in case any such deuolution should happen it would be nothing preiudicial to England For England as the chief and principal and worthiest part of the I le should drawe Scotland to it as it did Normandie from the time of the Conqueste Which answere was wonderfully wel liked of al the Counsaile And so consequâ—tly the mariage toke effect as appereth by Polydor the Historiographer of this Realm and such a one as wrote the Actes of the time by the instruction of the King him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband we could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of this Realme Wherevpon I may wel inferre that the said newe Maxime of these men whereby they would rule and ouer rule the succession of Princes was not knowen to the said wise King neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of Quene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first degree
only Of the like weight is his other coÌ„sideration imaginiÌ„g and surmising this statute to be made bicause the King had so many occasioÌ„s to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takeÌ„ as a declaratioÌ„ of the coÌ„mon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother EdmuÌ„d Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine ViolaÌ„t daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid couÌ„treies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womeÌ„ might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this maÌ„ swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters whereâ—oeuer they be borne Al the doubt was for other persons as appeareth euideÌ„tly by the tenour of the statute whether by the coÌ„mon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driueÌ„ to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childreÌ„ and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin coÌ„prised so vpoÌ„ these FreÌ„ch wordes Les enfants de Roy he noteth in the MargeÌ„t The Kings childreÌ„ but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takeÌ„ strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritaÌ„ce and not for the Cround as most men take it and as it may be as we haue said very wel takeÌ„ and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childreÌ„ the Croune also is meant yet neither may we enforce the rule of foraine borne vpoÌ„ the kings children which are by theâ—presse wordes of the statute excepted neither enforce the word Inâ—â—â—s to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the coÌ„trarie seing that the right of the Croune falling vpoÌ„ them they may wel be called the kings ChildreÌ„ or at the lest the childreÌ„ of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expouÌ„ded of the same the said Queene is out of the reach and coÌ„passe of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England
CONCERNING THE DEFENCE OF THE HONOVR OF THE RIGHT HIGH MIGHTIE AND NOBLE PRINcesse Marie Queene of Scotland and Douager of France with a Declaration as wel of her Right Title and Interest to the Succession of the Croune of England as that the Regiment of women is conformable to the lawe of God and Nature Made by Morgan Philippes Bachelar of Diuinitie An. 1570. LEODII Apud Gualterum Morberium 1571. A DEFENCE OF THE HONOVR OF THE RIGHT HIGH RIGHT MIGHTIE and Noble Princesse Marie Queene of Scotlande and Douager of France The First Booke IT were to be wished that as God and nature haue most decently ordinately and prouidentely furnished and adorned manne with two eies two eares and but with one mouth and one tongue wonderfully bridled and kept in with the lippes and the teeth so men would consider the cause of it and the great prouidence of God therein and after due coÌ„sideration vse them selues accordingly Then should we sone learne and practise a good lesson to heare and see many thinges and yet not to runne headlong nor rudely and rashly to talke of al we heare and see but to talke within a compasse and to referre al our talke to a temperance and sobrietie and to a knowen tried trueth especially where the said talke may sound to the blemishing and disgracing of any mans good name and estimation But now a daies the more pitie there is nothing almost but that as sone as it is perceaued by the eye or the eare must furthwith be lasshed out againe by the mouth suche a superfluous and curious itching we haue dissolutely and vnaduisely to talke of al matters though they tende to the great hinderance and infamie of many of our bretherne and though we be nothing assured of the certaine trewth of the matter yea without respecte to priuate or publique persons Of such vnbrideled talke no man or woman in our daies hath as I suppose more iuste cause to complaine then the right Excellent Princesse Ladie Marie Queene of Scotland whose honour many haue gone about to blotte and deface in charging her moste falsly and vniustly with the death of her late husbande the Lorde Darley For the defence and mainteining of whose innocencie in this behalfe we intend to lay forth before the gentle Reader the most chief and principal reasons grouÌ„ds and arguments whervpon the Patrones the Inuentors and workers of al these mischieuouse and diuelish driftes grounded themselues and all their outragious doomges And then consequently to infringe and repulse the same For to rehearse answere to and repell all their assertions and obiections it would require a very long tediouse and a superfluouse Discourse in as muche as these iolie gaie oratours measuring their dooinges more by number of false obiections then by true substantial and pitthy matter to make a goodly florish and a trim shewe to face out and countenance their craftie Iuglinges and to couer their disordered dealings therewithal haue raked vp and heaped together one vpon another against their good Maistres and Souereigne Queene no smal number of slanderous Articles But in al this rablement in al this raking and racking what thing els do they but vtter and disclose their owne spiteful malice and malicious spite to the discrediting of their cause and them selues also Euen as the accusers of Aristophanes among the Athenienses did by whome he being ninetie and fiue times greeuously accused was yet euery time by the Iudges cleared and found guiltlesse as I do no whit doubt but that this good innoceÌ„t Ladie wil be by the verdit and sentence of al indifferent men ridde and vnburdened in like maner of al maner of suspicion that these reprocheful men woulde by their malice and ambition bring her into by thier willes with al the worlde For as goodly and as greate a muster as they make two partes of their slaunderous accusation are manifest false and opeÌ„ vntruethes and foule forged lies The residue thereof though in some part they beare trueth and be nothing preiudicial to the Queene in this matter yet they are ful calumniously and meruelous maliciously depraued drawen and wrested to the worst The effect and drifte of the whole tendeth to this that first they would we should beleeue that after her mariage her minde was as it were alienated from her husband Secondly they pretende certaine letters that they surmise and would haue to haue bene written by her Grace wherby they seeke to inferre against her many a presumption as their wily braines imagine But the moste weighty of them al seemeth to them to be her pretensed Mariage whereof we wil lastly entreate And yet though they haue done their worste though they haue cast out al their spite and malice against her they neuer haue bene able by any direct and lawful meanes to prooue any thing at al wherby they may staine her Graces honour in any one of the foresaid points Had they brought forth any such necessarily concluding illation we had not atteÌ„pted this Defence in her behalfe but would haue yelded and geuen place to an open knowen trewth But seeing that the best matter they haue to supporte their doings withal is nothing else but presumptions and surmises which yet are not of the surest and moste probable forte neither suche as are presumptions Iuris de Iureâ— contra quas non admittitur probatio seeing also that we ought alwaies in criminal causes chiefly when a Prince is touched who is Gods annointed to be more procliue and prone to fauour then to hatred to be readier to absolue and release then to deteine and condemne and that it is farre better and a more sure and more indifferent and vpright way to saue the guilties life then to condeÌ„ne and cast away the innoceÌ„t I trust and am in an assured hope that al the indifferent Readers hereof this being the cause and woful aduersity of a PriÌ„ce wheras the like estate of Princes ought and is wont to moue and sturre al honest harted men to commiseration and pitie and to do their indeuour to the redresse and reformation of suche wrong and oppression done wil with indifferencie and without all partialitie weigh and coÌ„sider the allegatioÌ„s of the one and the other side and iudge of the matter as it falleth out accordingly Which is the very thing we most desire And seeing the Aduersaries throughout al their cause wander by ghesses and vncertaine presumptions let vs also as I may say abuse a litle parte of our Defence What â—y I abuse perchance truely if we had no better or they any good matter at al nay rather vse them accordingly for the more ample and better trial and iustification of our cause We as ke theÌ„ then why the better and the stronger presumptions should not frustrate auoide and set backe the weaker and the worse This sexe naturally abhorreth such butcherly practises Surely rare it is to heare such foule practises in women And may we find in our harts
albe it for a time she did dissemble and forbeare outwardly to shewe and vtter her most inward hart and affectionate loue vpon most â—â—st and good respects As the manner and practise of prouident and moste louing parentes oftentimes is toward their deare children for the better reclaiming of the wandering mind and wauering wil of the youthful vnaduised gentlemaÌ„ And therefore hearing and aduertised that he was repentant and sorowfull and that he desired her presence she without delay thereby to renew quickeÌ„ and refresh his sprites and to comfort his hart to the amendment and repayring of his helth lately by sicknes sore impaired hasted with such spede as she coÌ„uenieÌ„tly might to see and visit him at Glasco Whereas also at diuers other places especially at Edenborough she from time to time most louingly enterteined and most tenderly cherished him euer euen to the very last houre that euer she saw him Whereby it did to al men most euidently appeare that al maner of displeasure or variance whatsoeuer your coniectural surmises suppose to haue bene betwene them or your seditious practises and ambitious procedinges had sowen in their stomakes and minds was not only now weâ— aswaged and fully appeased but vtterly for euer quenched as being altogether forgotteÌ„ and troden to your muche misliking and great discomfort vnder foote of them both neuer to be renewed againe But for as much as these men do wel perceiue that if this be true whiche is in deede so certeinely true that they them selues are for the manifest euidence thereof euen driuen and forâ—â— to acknowledge and confesse the same then their great Samsons post of discorde and debate wherewith they would vnderproppe and vpholde al their traiterous procedings as also this their mischieuous accusation and greeuous crimination the which they had fully now conceiued and brought as they hoped to perfection by the mischieuous driftes of their shrewd wily diuelish disposed braines against her would faile them and fal to the ground For this consideration I say they nowe measuring these most commendable doings of the very vertuouse and well meaning Queene by their owne depe and dubble dissembling crafty nature their former drifte failing them began to lay a new foundation to build their long conceaued treasons on and say that al this curtesy fauour loue and amitie was but a set matter on her part and coulorable shew and a dissembled drift and fained pretense by her colorably conueied vpon none other purpose but to flatter and entice him to Edenborough to his bane which say thei appereth by her own leters It irketh and greeueth them to the very harte to heare of the reconciliation and therefore they toyle and tumble from 〈◊〉 kinde of lying Rhetorike to an other euen quite contrary For as before they founde great fault with her for estranging her fauour from him so now at the last they mislike at her great trauaile taken in her progresse to visit and cumfort him iudging and reputing al her dutiful kindnes as hypocritical and counterfeited dissimulation Wherin by their malitious construing and wrong interpreting of wel and coÌ„mendable doing they represent the natural disposition and froward inclination of the Diuel who hath that name for that he is willingly and of purpose a malitious false reporter and accuser As for the letters they take hold on and slander her for we shal hereafter examine them what weight they beare Wel then if ther were such a reconciliatioÌ„ made betwen them as I haue said to be as there is litle or no cause at al why any man should thinke that the Queene was priuie or ware of the means of his death so may it seme but mere superfluous for vs either to rehearse what surmised difference were betwene them or to confute the falsitie of al such allegations namely seeing that in some thereof they charge the most innocent Quene with their owne most lewd naughty and wicked deuises and detestable practises As for an example and proufe thereof the Earle Murray and his counsaile perceauing that for a time the Queene seemed not wel to like of her husbandes doinges albe it whatsoeuer her said misliking were it was as is aforesaid for the loue of him in respect of his owne profit and commoditie being very desirous to bring home againe their coÌ„federated mate th' Earle Morton who then was in banishmeÌ„t and remained in England for the slaughter of Dauid her Secretarie without whose presence and present aduice their fetching practises were halfe maimed and lacked force to take effect were earnest suters that if she would pardon him they would procure a diuorse betwene them wherto she would not agree But what haue these good men now done thinke ye in this part Surely they haue plaied the said pageant with this innocent Susan as the two wicked Iudges did play with the other former Susan They lay hard to her charge their owne naughty and wicked counsel and deuise It were therefore but a vaine and lost labour for vs to stay and tarie long vpon the confutation of their owne craftie malicious inuentions and procedinges in procuring an alienation of the Queenes minde from her deare and wel beloued husband or vpon any other alienation whatsoeuer it so being that they them selues can not denie but that there folowed a good pacification and reconciliation betwene them We wil consequently therfore consider the second principal point of our discourse For they say that they haue a sufficieÌ„t prouf to iustifie the chiefest part of their accusation A proper iustification pardie This this is their ioly witnesse this is their singuler iewel whereby they set much store the value whereof in their eyesight they repute and accompt as of an inestimable treasure This most necessary witnesse they haue alwares attendant at hand and ready at a beck to serue their turne at a pinche when nede requireth for al their purposes and atteÌ„pts If ye doubt of the veritie of any parte of their accusations this witnesse though ye neuer sawe nor heard of any suche thing wil ful faire bleate it out and make al things according to their mind as cleare as Cristal or as the bright shining sonne So that if this witnesse once faileth them then al their accusation faileth them therewith and by and by quaileth And soothly this witnesse yet al this notwithstanding what else is it but a blind and deafe and a doÌ„me testimonie of certaine obscure letters written and indited as they most falsly and as vainely auouche and hitherto were neuer able to proue by the Queene to the Earle Bothwel It is forsooth a boxe of letters taken from one Doughleysh who was executed for the Lorde Darleyes death the Earles man forsooth whiche letters he receiued at Edenborough of one Sir Iames Balfoure to conuey to his Master Thus say they But we say to you as is sayd in Terence Non sunt haec satis diuisa temporibus The very time if nothing else were
like aduise Now at the last cometh the Lorde Lindzay sent in CommissioÌ„ from their CouÌ„saile to present and offer vnto her the writinges who most greuously with feareful wordes and very cruel and sterne couÌ„tenance threâ—ned her that vnlesse she would therto subscribe she should lose her life But cal you this voluntarie yelding ouâ— and Resignation of the Croune A voluntary assignation of the regiment to you Earle Murray yea surely as free and voluntary aâ— a man with his owne hands casteth into the sea his goods in a maine and raging tempest freely and voluntarily sauing that peradueÌ„ture ye may replie and say that there is so much wil in him that he had rather bide the â—duenture of his goodes and riches then of his life being contented to redeeme the â—afegard of his life with the losse of his goodes And yet as voluntary as ye make it free and voluntary ye shal no more make it then ye shal be able to prooue that the peoples good wil was alienated from her as ye surmise For the procuring whereof ye haue by your craftie slaunderous leasinges and wretched practises done all the endeuour that your malitious and spitefull braines could inuent and serch out But surely your dooinges haue bene so gratious that if she had bene deadly hated before they might haue procured and gotten her a wonderful loue and fauour of the people againe And whereas she was euen as she wel deserued most entierly and tenderly beloued before now ye haue by these your so Tragical and TyraÌ„nical procedings purchased to her such an augmentation and encrease of the same specially wheÌ„ that the people amoÌ„g whom for a while some ye haue through your cou lorable craftie conueiances made to misdeme and haue somwhat the worse liking of her shal throughly and perfectly vnderstand and knowe your said wily policies as more and more daily they doe that she shalbâ— much beholding to you but no God hauâ— mercy to you therefore But now to procede and go forward with your louing loyal procedings towarde her ye neuer ceassed nor staied vntil ye had procured and obteined a coulorable ParlameÌ„t whereby ye gotte your vsurped and vnnatural kingdome ratified and confirmed and not onely al your wicked practises already past but euen what mischiefe soeuer yâ— wold should afterward passe also against her quietnes and safetie And thus behold how these humble obedient and louing subiectes haue purchased and procured a Commissâ—o long before hande the like whereof as â— suppose was neuer in the world heard of a fore in any whatsoeuer rude sauage and barbarous Nation or Countrey to slay kill and murther their owne Souereigne Queene and a most innocent Ladie at their owne willes and pleasure The which their saied Commission they had in this wise executed long ere this as it is credibly thought if God had not wonderfully eluded and miraculously frustrated this their mischeiuous malitious purpose and intent And yet is there one iniurie more that doth greeue and molest this good guiltlesse Ladie more then al these foretold villanous praÌ„ks plaied of them against her And surely not without iust cause of griefe For in dede it farre passeth and excedeth them al. And that is their shameful and most traiterous diffaming her being altogether innocent therein with the death of her husbande as though that she had suborned the Earle Bothwel therto and rewarded him therfore with the mariage of her owne body Here perchance they will say Mary this is our chief quarel in dede this was the marke we principally shotte at The great loue and zeale we beare to Iustice and the earnest desire we haue to purge and rid the Realme of the slander and infamie that ariseth therto by this horrible facte moueth and stirreth vs vp to seke by al meanes we can the punishing of the said Earle who was the coÌ„mitter and chief perpetrator thereof If it so be surely there is vppon the sodaine commen vpon you a meruelous deuotion For why Were not ye and your band and AdhereÌ„ts the chief and principaâ—â— authours assisters fautours aiders and abetters for the clearing and iustifiyng of the said Bothwel accused and indited as gilty of the said murther what is it that maketh you now so hot that then were so cold By like the world and wether is anew changed and altered of late Yet tel vs we pray you in good earnest was your principal scope and zeale to apprehend th' Erle Bothwel Tel vs then a good cause why ye did dismisse him when you might haue had him at your pleasure Did not the forsaid Grange comming to the Queene from you speake to him also Did he not take him by the hand and wil him to depart assuring and telling him that no man should folow or pursue him Did not th' Erle remaine in the Countrey at hand many monethes after vntil the returning home of the Earle Murray And then for a face and couÌ„tenance ther were made out to the seas certaine ships to apprehend him it being of you pretended that he was now become an arrant Pirate and Rouer vpon the sea Nay nay it was not he you so long sought after It was an other bird and her ye had fast in the cage and therefore ye permitted the Earle to flee whether he would But yee you say in your Accusation put vp to the Commissioners of England that as he was the chief executor of the said Lord Darleys death so she was of the foreknowledge and counsel yea and the mainteiner therof also And therefore she both stopped the inquisition of the facte and punishment of him and also matched her selfe in mariage with him I aske then as before of you why through the special sute and procurement of your faction he was acquited and set on cleare bord Why did you with a great number of the Nobilitie moue further and worke the said mariage as most metee and necessary for your Quene Why did you as by your hand writing it wilappeare proffer and promisse to him your faithful seruice and to her your loyal obeisance Why did none of all your factioÌ„ nor any other els either openly or priuately declare and detect this matter to your Queene before the pretended mariage Was there no time occasion and opportunitie to geue her warning thereof but by the terrible and feareful blast and souÌ„d of the Martial trumpet For she good innocent Ladie hath vpoÌ„ her honour protested and plainly declared the which her protestatioÌ„ also the disorderly ambitious and Tragical doinges of these rebellious and traiterous subiects do much helpe and confirme that afore her taking and inprisonmeÌ„t she neuer knew who were either principal or accessarie or by any meanes culpable and blame worthy concerning the said murther Touching the third point it is not worthy the coÌ„futing For these men knew right wel that the Queene had put her sonne safe and sure inough in the guarde and custodie of the Earle of Murray
nature in himself who delights to make all his iourneis in such sullē solitary sort therfore belike an ill companion to liue withall in any felovvship Then yt shewes his extreeme want of abilitie to defray the expence of woeng in a bountiful shew sitting such a prince as cōmeth to obtein out Queen This his secrete comming departing discouers a mistrustfulnes in him towards our people and therefore no loue which must needs come frō his own ill consci ence of fearing french measure in England for on our part the Lord be thanked we haue not committed such villenies all men deeme him vnworthy to speed who comes in a net as though he were loath to auow his errand Some men may think he is ashamed to shevv his face but I think verely that he meanes not sincerely who loues not light wil not com abroade The last noble princely gentlemā that went out of Englād to vvin a Queen in france gaue trial shew of vvisdome manhod behauiour and personage by open cōuersatiō performing al maner of knightly excercises which makes vs in England to find very strange this vnmanlike vnprincelike secrete fearful suspitious disdainful needy french kind of woeng in Monsieur we can not chuse but by the same stil as by all the other former demonstratife remonstrāces conclude that thys french mariage is the streightest line that can be dravvne frō Rome to the vtter ruine of our church the very rightest perpendicular downfal that can be imagined frō the point france to our English state fetching in vvithin one circle of lamentable fall the royal estate of our noble Queen of hir person nobility and commons vvhose Christian honorable healthful ioyful peaceful and long souereigne raigne without all superior ouerruling commander especially french namely Monsieur the king of kings hold on to his glory and hyr assurance of true glory in that other kingdom of heauen Amen Amen Amen A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England Made by Morgan Philippes Bachelar of Diuinitie assisted vvith the aduise of Antonie Broune Knight one of the Iustices of the Common Place An. 1567. LEODII Apud Gualterum Morberium 1571. A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England The Second Booke THE great prouidence good Reader of the eternal God who of nothing created all thinges did not only create the same by his ineffable power but by the same power gaue a special gifte and grace also to euery liuing thing to continue to renewe and to preserue eche his owne kinde But in this consideration the condition of man among and aboue al earthly thinges hath his pearelesse prerogatiue of wit and reason wherewith he only is of God gratiously endewed and adorned by the which he doth prouide not only for his presente necessitie and sauegard as do also naturally after their sorte al beastes and al other liuing thinges voide of reason but also by the pregnancie of wit and reasonable discourse doth long afore forsee the dangerous perils that many yeres after may happen either to himself or to his Countrey and then by diligence and careful prouision doth inuent apte and mete remedies for the eschewing of suche mischieffes as might outragiously afterwarde occurre And the greater the feare is of greater mischief the greater the deper and the speedier care is wont to be taken to preuent and cut of the the same It is also most certaine by the confession of al the world that this care is principally dew by eche man that hath opportunitie to do good therin to his Prince his Countrey and to the common Weale and good quiet of the Countrey for the continuance and happie preseruation of the same To the preseruation whereof as there are many partes and branches belonging so one principal part is for Subiectes louingly and reuerently to honour dreade and obediently to serue their Souereigne that chaunceth presently to rule and gouerne The next to foreknow to whome they should beare their allegeance after the deceasse of their foresaid Prince and Gouernour Which being once certaine and assuredly knowen as it procureth when the time requireth readie and seruiceable obedience with the great comfort and vniuersal reast and quietnes of the Subiectes so where for the said Successour there is among them discord and diuersitie of iudgementes the matter groweth to faction and from faction to plaine hostilitie and from hostilitie to the daunger of many mens liues and many times to the vtter subuersion of the whole state For the better auoiding of suche and the like inconueniences albeit at the beginninge Princes reigned not by descente of blood and succession but by choyce and election of the worthieste the worlde was for the moste parte constrained to repudiate election and so often times for the better and the worthier to take a certain issue and ofspringe of some one onely persone though otherwise perchaunce not so mete Which defecte is so supplied partely by the great benefit of the vniuersal rest and quietnes that the people enioy thereby and partly by the graue and sage Counsaylours to Princes that the whole worlde in a manner these many thousand yeares hath embraced succession by blood rather then election And politike Princes whiche haue had no children of their owne to succede them haue had euer a special care and foresight thereof for auoiding of ciuil discention So that the people might alwaies knowe the true and certaine Heire apparent chiefly where there appeared any likelyhod of varietie of opinions or faction to ensewe about the true and lawful succession in gouernement This care and foresight doth manifestly appeare to haue bene not onely in many Princes of foraine Countreies but also of this Realme as wel before the tyme of the Conqueste as also after namely in Kinge Edwarde the Confessour in declaring and appointing Eadgare Atheling his nephewes sonne his heire as also in King Richard the first who before he interprised his Iourney to Hierusalem where for his chiualrie he atchiued high honour declared by consent of his Nobilitie and Cōmous Arthur sonne of his brother Duke of Britaine his next heire in succession of the Crowne Of the whiche Arthur as also of the said Eadgare Atheling we wil speake more hereafter This care also had King Richard the second what time by authoritie of Parlament he declared the Lorde Edmond Mortymer that maried Philippe dawghter and heire to his Vncle Leonel Duke of Clarence heire apparente And to descende to later times our late Noble Souereigne King Henry the eyght shewed as it is knowen his prudente and zealous care in this behalf before his last noble voiage into Fraunce And now if God should as we be al as wel Princes as others subiect to mortall chaunces once
then shal we with our children after vs reape the pleasant fruites of this noble coÌ„iunctioÌ„ wrought thus to our haÌ„des by Gods good and gratious prouidence without expense force or slaughter which hitherto a numbre of our courageous wise and mightie Princes haue this thousand yeares and vpward sought for but in vaine as yet with so excessiue charges with so great paines and with so many and maine Armies and with the blood of so many of their subiectes Then shal we most fortunately see and most gloriously inioye a perfect and entier Monarchy of this I le of Britanie or Albion vnited and incorporated after a most merueilous sort and in the worthie and excelleÌ„t person of a Prince mete and capable of such a monarchie As in whose person by side her worthy noble and princely qualities not only the roial and vnspotted blood of the auncient and noble Kings of ScotlaÌ„d but of the Normans and of th' English Kings withal as wel long before as sitheÌ„ce the CoÌ„quest yea and of the Britaine 's also the most auncient inhabitants and Lords of this Iland do woÌ„derfully and as it were euen for such a notable purpose by the great prouidence of God most happily concurre The euident trueth whereof the said Queenes petigrue doth most plainly and openly set foorth to euery mans sight and eye Then I say may this noble Realme and Iland be called not Albion only but rather Olbion that is fortunate happy and blessed Which happy and blessed coniunction when it chauÌ„ceth if we vnthankfully refuse we refuse our health and welfare and Gods good blessing vpon vs we refuse our dewty to God who sendeth our dewty to the partie whom he sendeth and our dewty to our natiue CouÌ„trey to whom he sendeth such a person to be our Maistresse And such commodities and honour withal comming therby as I haue said to whole AlbioÌ„ as a greater we cannot wishe And finally we shal procure and purchase as much as in vs lieth such disturbance of the common-wealth such vexatioÌ„s troubles and warres as may tende to the vtter subuersion of this Realme from which dangers God of his great and vnspeakable mercie defend and pre serue vs. FINIS Hos tres libros à viris Catholicis ijsque eruditissimis lectos examinatos intellecto ab ijsdem librorum argumento vnà cum editionis necessarijs causis iudicaui meritò edendos esse Actum Louanij 6. Martij 1571. Thomas Gozaeus à Bellomonte sacrae Theologiae Professor authoritate Pontificis librorum approbator Errata Libri secundi Fol. Pa. Lin. Errata Correction 4 2 16 Ad And 10 1 18 vvorlde vvorde 11 2 14 good goodes 28 2 17 Bblach Blanch. 32 1 3 in Chauncerie In the Chauncerie 53 2 16 landes and testamentes laÌ„des and tenemeÌ„tes 58 2 24 laufully neece laufull neece 64 2 5 unto heires unto the heires 66 2 27 be produced be procured 67 1 17 put out vvrongfully Errata Libri tertij 9 1 2 Salomon Salmon 9 1 5 fasly safely 15 2 22 father Constantinus father Constantius MeÌ„ should be rather prone to absolue then to coÌ„demne It is nothing like that the Queene vvould haue sought the destruction of the Lord Darley by these meanes vvhen she might haue opeÌ„ly put him to death by Iustice The Q. contrary to minde of her Nobles came into England The Q. enemies lay to her discord vvith the Lorde Darley vvhereof they vvere the authours The Q. vvas fully reconciled to the L. Darley before his death The adueriaties charge the Q vvith their ovvne vvicked deuises The Q. moued by them to make a diuorse vvith the L. Darley The accusation touching letters lent by her to the Earle Bothevvel The vnlikely tale of the Earle Both vvelles letters surmised to be sent to Master Balfoure In case the suâ—mised letters vvere sent by the Q they can make no good prouf against her L. sin e dâ— Probat What exquisite proufes be re quired in criminal causes The surmi sed letters neither haue superscriptioÌ„ of the vvriter nor subscription neitherany date neither signed nor sealed and the beater neuer knovveÌ„ He that vvas the surmised bearer at his death denied the same An easy thing to couÌ„terfeit a mans hande These letters vvere fained and contriued by the Queenes Aduersaries An ansvver to the Aduersaries obiectioÌ„s that the Queene did not mourne the death of the L. Darley L. Liberor ff de his qui notantur inf The consideration mouing â–ª or rather forcing the Quene to this pretensed mâ— riage The Aduersaries declaratioÌ„ before the Commissioners of England The causes that the Rebelles pretended at the beginning Ansvvere to the first The Lord Grange promised vpoÌ„ his knees obedience in al the Rebelles names The Q. imprisoned at LochleueÌ„ The Q. thretned to be â—id avvay if she vvould not renouÌ„ce her Croune The ansvvere to the secoÌ„d The Quenes ene mies dimissed the Earle Both vvel vvheÌ„ thei might haue takeÌ„ him The Quenes enemies bouÌ„d by their haud vvriting to obey the Eâ—le Bothvvel if he matied the Q. An ansvvere to the third The PriÌ„ce if he vvere at age vvold not like the enâ—mies doinges against his mother He vvas vnlavvfully crouned Why the confirmation of the Rebelles doinges made by an acte of Parlament is nothing vvorth The incoÌ„stancy of the Queenes enemies first preteÌ„ding before the Counsaile of EnglaÌ„d her voluntary dimission of the Croune and after vvard that she vvas deposed A strange doctrine of Maister knoxe against vvo mans Gouernment The Quenes enemies fondly triumph of their victory against her true subiectes In case the Queene vvere culpable yet are her enemies procedigs vnlavvful It is not inough to do a good thing vnlesse it be vvel done The lavv geueth exceptions to the Defendant against the Iudges the Accusers and vvitnesses C. Qui accusat non po L. Iniquum l. fin L. qui accusat ff de accusa A good argument that the Queene by coÌ„pulsion dimissed the Croune The Duke Robert of Scotland ExceptioÌ„s most iust against the Queenes accusers 〈…〉 ly against the Earle of Murray The great benefits emploied by the Q. vpon the said Earle He vvent about to entaile the Croune of the Realm to him self and the Stevvardes His tebellâ—â— against the Qâ—ene His coÌ„spiracy vvith them that slevve the Secretatie Dauid A charged pistilet set to the Queenes belly The Q. by her industrie coÌ„ueied her selfe avvay vvith the L. Darley The cause vvhy the Earle Murray hated the Lorde Darley The cause vvhy the Enemies did impute the slaughter to the Q. The vvorking of Murray in the time of his absence Murray and MortoÌ„ the heades of the coÌ„spiracy against the L. Darley 2. Machab. 3. 4. Hect Boet. Lib. 11. The Earle of Murray resembled to Dunvvaldus that procured the slaughter of King Duffus in Scotland Idem li. 16. The like paâ—te plaid by Duke Robert in Scotland The Earle Murray aÌ„d his felovves being driuen froÌ„ al other shiftes at leÌ„gth laied to their Quene
the death of the Lorde Darley before the Counsaile of EnglaÌ„d The causes vvhy the Earle Murray vvent about asvvel to make avvay the L. Darley as to depose the Queene The Earle Murray de clared the day before that the L Darley should be slaine Diuers assembles of the Earle Murray aÌ„d his adherents to consult vpon the slaughter of the L. Darley Indentures made and subscribed for the execution of the said purpose Diuers excuted in Scotland for the said murther vvhereof none could charge the Queene The Q. in a maÌ„ner miraculously deliuered out of Lochleuen prison The Commissioners appointed in EnglaÌ„d to heare the Quene of ScotlaÌ„d her maters vvel liked of her faid innocency and of her title to the succession of the Cioune An exhortation to the Earles Murray aÌ„d Murton aÌ„d others to reconcile theÌ„selues to the Q. The Q. of ScotlaÌ„d ful of mercy The ende of Rebels euer vnhappy Other Princes vvil not suffer the Quene of Scotland to be iniuried by her subiectes Man only hath the pierogatiue of vvit and reason among al earthlye creatures Men are most bouÌ„d to the preseruation of their CouÌ„trey A great coÌ„moditie to the coÌ„moÌ„ vvealth to knovv the heire appa rente Why all the vvorld almost doth enbrace succession of Princes rather then election Flores histor anno 1057. Richardus Canonicus sanctae Trinit Lond. Flor. histo anno 1190. Polid li. 14 Polid li. 20 The Quene of Scottes is right heire apparent to the Croune of Englande Inst de iust iure §. fin The common lavve of this Realme is rather grounded vpon a general custom then any lavve vvritten In Prologo suo eiusdem li. fo 1. et 2. De dict Ra nulpho GlaÌ„uilla uide Giraldum Cambren in topogra de Wallia Fortescue de lau Leg. Angl. c. 17. â— E. 4.19.33 H. 6.51 Pinsons printe Inst de iure natura geÌ„t ciuil §. ex non script 25. E. 3. The adueâ— sacies case pettineth to subiects only No Maxime of the lavve bindeth the Croune vnles the Croune specially be named Of the Tenante by the curtesy Nor that the landes shal be diuided among the daughters Not the vvife shall haue the third part 5. E. 3. Tit. praerog 21. E. 3.9 28. H. 6. Nor the rule oâ— Possessio fratris c. Nor that the executour shall haue the goods and Chattles of the resâ—atour 7. H. 4. sol 42. Nor that a traitour i vnable to take landes by discente and vvithout pardoÌ„ An ansvvere to the Aduersary making a difference be tvvene Attainder aÌ„d the birth out of the allegeaÌ„ce 22. H. 6. fol. 43. The suppo sed Maxime of the Aduersaries touching not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. The Aduersaries obiection touching King H. 2. auoided As touching Arthur King Richardes nephevve Vt autem pax ista summa dilectio taÌ„ multiplici quaÌ„ arctiori uin culo connectatur praedictis curiae uestrae Magnatibus id ex parte uâ— stra tractaÌ„tibus Domino disponente coÌ„diximus inter Arthurum egregiuÌ„ Dâ— cem BritaÌ„niae nepoteÌ„ nostrum haeredem si forte sine prole obirâ— nos contigâ— rit filiaÌ„ uestraÌ„ matrimonium contrahendum c. In tractatu paciâ— inter Richa 1. TancreduÌ„ Regem Si ciliae Vide Reg. Houeden RicharduÌ„ Canonicum S. Trinitatis Londin A false Maxime set forth by the Aduersarie 7. E. 4. fo 28.9 E. 4. fo 5.11 H. 4 fo 25.14 H. 4. fo 10. the statute of Edvv. 3. An. 25. to â— cheth inâ—e ritaÌ„ce not purchase â— H. 4. fo 25. Scotland is vvithin the allegeance of EnglaÌ„d The Lorde loseth not his seignorie though the tenaÌ„te doth not his seruice The causes vvhy the Croune caÌ„ not be coÌ„prised vvithin the pretended Maxime Without the croune there can neither be King nor allegeance 40. E. 3. fol. 10. 13. E. 3. Tit. Bref 264.16 E. 3. iurans desait 166.17 E. 3. tit scire fac 7. A Deane a Person a Priour being an Alien may demande lande in the right of his corporation An 3. R. 2.6 C. 3. fo 21. tit droit 26. lib. Ass p. 54.12 li. Ass tit enfant 13. H â— fol. 14.7 E. 4. fol. 10.16 E. 3. iurans defait 9. H. 6. fol. 33.35 H. 6. so 35.5 E. 4 fol. 70.49 li. Ass A. 8â— 22. H. 6. fo 31.13 H. â— so 14. The King is alvvaies at ful age in respecte of his Croune The Kings children are expresly excepted from the surmised Maxime â— LiberoruÌ„ ff de uerbo ruÌ„ signific L. Sed si de in ius uo caÌ„do instit de haere ab intest L. Lucius ff de baered instit L. Iusta L. Nâ—toruÌ„ L. Liberorum de uerb signif L. 2. § sâ— mater ad S. C. Tertul L. Filius de S. C. Maced L. Senatus de ritu nugâ— L quod sâ— nepotes ff test cuÌ„ notatis ibid. Infantes in Frenche couÌ„teruaileth this vvorde liberi in lat The grand fathers cal their nephues sonnes L. Gallâ—◠§ InstitueÌ„s ff de liber Eâ— post l. ff C. de impub. Alâ—is substan c 1. q. 4 Father and son coÌ„pted in person aÌ„d flesh in maner one Great absurditie in excluding the true aÌ„d right successour for the place of his birth only An euasion auoided preteÌ„ding the priuilege of the KiÌ„gs children not to be in respect of the Croune but of other laÌ„des The royall blood beareth his honour vvith it vvhereso euer it be Vide Anto. Corsetum de potest et excell regi q. 106. CoÌ„querors glad to ioinevvith the ioyall blood Henry the first L. â— ff de legious Commonvse and pâ—â—ctise the best interpretation of the lavv Eodâ— anno Rex cuÌ„ in diebus suis processisset AeldredaÌ„ Vigornen sem Episco pum ad Regem Hunga riae trans mittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota fa milia sua ut uel ipse uel filij eius sibi succedereÌ„t in regnum Flor. histor 1057. Flor histo â—066 Aelredus Regioual lens de reg Anglorum ad Regem Henr. 2. King Stephen and King H. â— The aduer saries fond imagination that King H. 2. should come to the croune by composition not by proximitie of blood Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum recognouit in conuentu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux HeÌ„r ius hae reditariuÌ„ in regnuÌ„ Angliae habebat Et Dux benigne concessit ut Rex Stepha nus tota uita sua suuÌ„ regnuÌ„ pacifice possideret Ita tamen confirmatum est pactuÌ„ quod ipse Rex ipsttuÌ„e praesentes cum caeteris regni optimatibus iurareÌ„t quod Dux Henr. post morteÌ„ Regu si illum superuiueret regnum sine aliqua contradictione obtincret Flor. histo An 1153. The like fond imagination touching King Richardes nephevv Diuersitie of opinioÌ„s touching the vncle aÌ„d nephue vvhether of them ought to be preferred in the royall gouernement