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A05352 A defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France with a declaration aswell of her right, title & intereste to the succession of the crowne of Englande, as that the regimente of women ys conformable to the lawe of God and nature. Leslie, John, 1527-1596. 1569 (1569) STC 15505; ESTC S108490 138,133 306

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the kīge Yet vntill suche time as the Kinge be intitled ther vnto by matter of recorde the inheritance remaynethe in the alien by the opiniō of all men And so ys a verie alien capable of inheritance within this realme And then it muste nedes fall ovvte plainlie that your generall maxime vvhere vpon you haue talked and braged so muche ys novve become no rule of the common lavve of this realme And yf it be so then haue you vttered very many vvordes to small purpose But yet let vs see farther vvhether there be any rule or maxime in the cōmon lavve that maye seame any thinge like to that rule Whervpon any matter maie be gathered against the title of the saide Marie Quene of Scotland There ys one rule of the cōmon lavve in vvordes somevvhat like vnto that vvhiche hathe bene alleaged by the aduersaries Whiche rule ys sett forthe and declared by a statute made An. 25. of Kinge Edwarde the thirde Whiche statute recitinge the dovvbte that then vvas Whether infantes borne ovvte of the allegiance of Englande shoulde be able to demaunde any heritage vvithin the same allegiāce or no Yt vvas by the same statute ordained that all Infantes inheritours Whiche after that time shoulde be borne owte of the allegiance of the kinge whose father and mother at the time of theire birthe were of the faithe and allegiance of the kinge of Englande shoulde haue and enioye the same benefittes and aduantages to haue ād carrie heritage within the saide allegiance as other heires shoulde Where vpon yt ys to be gathered by dewe and iuste construction of the statute and so hathe bene heretofore cōmonlie taken that the common lawe alwayes was and yet ys that no person borne owte of the allegiance of the kinge of Englande whose father and mother were not of the same allegiance shoulde be able to haue or demaunde any heritage within the same allegiance as heire to any person Whiche rule I take to be the same supposed maxime whiche the ad●saries do meane But to stretche yt generallie to all inheritances as the aduersaries wolde seame to do by anie reasonable meanes cā not be The statute of Edvvard 3. anno 25. touchethe inheritāce and not purchasse For as I haue saied before euery strāger and alien borne maye haue and take inheritance as a purchas●er And if an alien do marrie a woman inheritable the inheritance therby ys bothe in the alien and also in his wife And the alien therby a purchas●er No man dowbteth but that a denizen maye purchasse landes to his owne vse 11. H. 4. fol. 25. but to inherite landes as heire to any person vvith in the allegiance of Englande he can not by any meanes So that yt seamethe verie plaine that the saide rule bindethe also denizens and dothe onlie extende to discentes of inheritance and not to the hauinge of anie landes by purchasse Nowe will we then consider whether this rule by any reasonable cōstruction can extende vnto the ladie Marie the Quene of Scotlande for and concerninge her title to the crowne of Englād Yt hathe bene sayed by the aduersaries that she was borne in Scotlande whiche realme ys owte of the allegiance of Englande her father and mother not beinge of the same allegiance And therefore by the saide rule she ys not inheritable to the crowne of this realme Althowghe I might at the begininge verie vvell and orderlie denie the consequente of your argumente yet for this time we will firste examine the antecedente whether yt be trewe or no And then consider vpon the consequen●e That the Quene of Scotlande was borne in Scotlande Scotlande ys within the allegiāce of Englande yt must nedes be graunted but that Scotlande ys owte of the allegiāce of Englāde thowghe the saide Quene of Scotlande and all her subiectes of Scotlande vvill stovvtely affirme the same yet there are a greate nomber of men in Englande both learned and others that be not of that opinion beinge ledd and persvvaded there vnto by diuers histories registers recordes ād instrumētes of homage remaininge in the treasurie of this realme Wherin ys mentioned that the kinges of Scotlande haue acknovvledged the kinge of Englande to be the superiour lorde ouer the realme of Scotlande and haue done homage ād fealtie for the same Which thinge beinge trevve not vvithe standinge yt be comonlie denied by all Scottes men then by the lavves of this realme Scotlande muste nedes be accompted to be vvith in the allegiance of Englande And altowghe sins the time of kinge Henrie the sixt none of the kinges of Scotlāde haue done the saide seruice vnto the kinges of Englande Yet that ys no reason in our lavve to saye that therefore the realme of Scotlande at the time of the birthe of the saide Ladye Marie Quene of Scotlande beinge in the thirtie and fovverthe yeare of the reigne of our late Souereigne lorde kinge Henrie the eight vvas ovvte of the allegiance of the kinges of Englande For the lavve of this realme ys verie plaine that thovvghe the tenaunte do not his seruice vnto the lorde yet hathe not the lorde therby lost his seigneurie for the lande still remainethe within his fee and seigneurie that not with standinge The lorde losethe not his s●igni●rie though the tenāte dothe not his seruice But paraduenture some vvill obiecte and saye that by that reason Frāce shoulde likevvise be sayed to be with in the allegiance of Englande for as muche as the possession of the crovvne of France hathe bene vvithin a litle more then the space of one hundred yeares novve laste paste lavvfullie vested in the kinges of Englād Whose right and title still remainethe in the Quenes maiestie that novve ys To that there ys a greate difference betvvene the right and title vvhiche our Souereigne ladie claimethe to the realme of France ād the right and title vvhiche her highnes claimethe to the realme of Scotlād Althowghe yt be trevve that the kinge of Englande hathe bene lavvfullie possessed of the crowne of France vvhose right and title by iuste and lavvfull succession ys deuolued vnto our saide Souereigne ladie Yet duringe suche time as her highnes by vsurpation of other ys dispossessed of the saide realme of France the same realme by no meanes can be saide to be with in her highnes allegeāce especiallie cōsideringe howe that sins the time of vsurpation the people of France haue wholie forsaken theire allegeance and subiection whiche they did owe vnto the kinges of Englāde And haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the realme of Scotlande yt ys oterwise For the title which our Souereigne Ladie and Quene and her ꝓgenitours haue claimed vnto the realme of Scotlāde ys not in the possession of the lande and crowne of Scotlande but onlie vnto the seruice of homage and fealtie for the same And althowghe the kinges of Scotlande sithe the time of kinge Henrie the eight haue intermitted to
became I praye you of Harolde that by briberie ād helpe of his kīred vsurped the crowne against the foresaide yonge Eadgar as I haue saide ād as the olde monumērs of our historiopraphers do plainlie testifie was the trewe ād lawful h●ire Cui de iure debebat̄ regnū Anglo rū Io. ●od in chronic Angliae Coulde he thincke you enioye his ambitiouse ād nawghtie vsurpinge one whole ād ētier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled ād turned owt bothe of crovne ād † Rex Edvvardꝰ misit c. Vt vel●p̄e Edvvardꝰ vel filiae e●ꝰ sibi succederēt c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all Fadē verba sunt in Mat. vvestmo 1̄ flor hist An●o 1066. Yea his vsurpatiō occasiōed the cōqueste of the whole realme by williā Duke of Normādie bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe ād sownde nowe from like danger yf vve shoulde treade the saide vvrōge steppes vvithe Harolde forsakinge the right ād highe vvaye of lavve ād iustice What shall I nowe speake of the crevvell ād ciuill vvarres betvvene kinge Stephen and kinge Hērie the secōde Which vvarres rose by reasō the saide Hēry vvas vniustlie kepte frō the crovne devë to his mother mavvde ād to him aftervvardes The petifull reigne of the saide Iohn̄ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpīg of kinge Harrold K. Stephen and Iohn̄ ād vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the cōmon lavve for our purpose And lôa the greate goodnes and ꝓuidence of God vvho hathe yf the foresaide exāples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge Hērie the seavēthe vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficiēt inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth sen●e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interp̄tour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right ād title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the cōqueste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so cōsequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructiō of the kinge him self I saye thē the vvise worthy Salomō foreseinge that suche deuolutiō might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasō of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and ●klender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childrē to the first degre onlie Of the like weight ys his other consideration imageninge ād surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the cōmon lawe Whiche to saie ys moste directlie repugnāte and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as Iohn̄ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile Iohn̄ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece Iohā dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes Iohā dawghter to his brother Th● mas of Wodstocke Duke of Glōcester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womē coulde have enioyed the crowne of Englande whē yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncient● presidentes and examples that we
do the saide homage and fealtie to the kinges of England Yet for all that the kinges of Scotlāde can not by any reason or lawe be called vsurpers And thus maye ye see gentle Reader by the opinion of all indifferent men and not led by affection that the realme of Scotlande hathe bene and yet ys within the allegeance and dominion of Englande And so your antecedent or firste proposition false And yet that makethe no prouf that the realme of Frāce likewise shoulde nowe be saide to be with in the allegiāce of our Souereigne Ladie the Quene of England by reason of the manifeste and apparente difference before sheued But what yf your antecedent were trewe ād that we did agree bothe withe the saide Quene of Scottes ād her subiectes ād also withe you that Scotlande were owte of the allegiance of Englande Yet yt ys verie plaine that your cōsequente and conclusion can not by anye meanes be trewe The causes vvhy the crowne cā not be com●sed with in the pretēded maxime And that prīcipallie for three causes Wherof one ys for that neither the kīge nor the crowne not beinge especiallie mentioned in the saide rule or pretēded maxime can be intēded to be with in the meaninge of the same maxime as we haue before sufficientlie ꝓued by a greate nomber of other suche like generall rules and maximes of the lawes An other cause ys for that the crwne cā not be taken to be with in the wordes of the saide supposed maxime And that for two respectes one ys by cawse the rule doth onlye dishable aliens to demaunde any heritage with in the allegiance of Englande which rule can not be stretched to the demaunde of the crowne of Englande which ys not with in the allegiance of Englande but ys the verie allegiance yt self As for a like example Yt ys trevve that all the landes vvith in the kinges dominion are holden of the kinge either mediatlie or immediatelie and yet ys yt not trevve that the crovvne by vvhiche onlie the kinge hathe his dominion can be saide to be holden of the kinge For withoute the crowne there can be neither kinge nor allegiance And so longe as the crovvne restethe onlie in demaunde not beinge vested in any person with ovte the crownethere cā neither be Kinge nor allegiāce there ys no allegiance at all So that the crovvne can not be saide by any meanes to be vvith in the allegiance of Englāde And therfore not within the wordes of the saide rule or maxime The title of the crovvne ys also ovvte of the vvordes and meaninge of the same rule in any other respecte And that ys by cause that rule doth onlie dishable an alien to demaunde landes by discēte as heire for yt dothe not extēde vnto lādes purchassed by an alien as vve haue before sufficientlie proued 40. E. 3. f. 10. 13. E. 3. titlr̄e 264. 16. E. 3. iurāsde fai●e 17. E. 3. tit Scire fac 7 And then can not that rule extende vnto the crovvne beinge a thinge incorporate the right wherof dothe not descēde accordīge to the comō course or priuate inheritance but goethe by succession as other corporations do No man dowbtethe but that a prior alien beinge no denizen A Deane a Person a Priour beynge an alien maye demande lāde in the right of his corporatiō might alvvayes in time of peace demaunde lande in the right of his corporatiō And so likevvise a deane or a person beinge aliens and no denizens might demaunde landes in respecte of theire corporations not vvith standinge the saide supposed rule or mxime as maye appeare by diuers booke cases as also by the statute made in the time of kinge Richard the seconde An. R. 23c 36. E 3. fo 21. tit droicte 26 lib. Assis. p. 54. 12. lib. Assis tit enf 9 H. 6 fol. 33 3 H. 6. fo 35. 5. E. 4 f. 71. 49 li. Ass. pag. 17 22. H. 6. fo 31 13. H. 8. fo 14 7 E. 4 f. 29 9 E. 4 f. ●0 And altovvghe the crovvne hathe alvvayes gone accordinge to the cōmon covvrse of a discente Yet dothe yt not properlie descēde but succede And that ys the reason of the lavve that althovvghe the Kinge be more fauoured in all his doinges then any cōmon person shal be Yet can not the Kinge by lavve auoide his grauntes and lettres patentes by reason of his nonage as other Infantes maye do but shall alvvayes be saide to be of full age in respecte of his * The kīge ys alvayes at full age in respecte of hys crovvne crowne eauen as a person vicare or deane or any other person incorporate shal be Whiche can not by any meanes be sayed in lawe to be vvith in age in respecte of theire corporations Altowghe the corporation be but one yeare olde Besides that the kinge cā not by the lawe avoide the lettres patentes made by any vsurper of the crowne vnlesse yt be by acte of parliamente no more then other persons incorporate shall auoide the grauntes made by one that vvas before vvrongfullie in theire places and roumes Whereas in discentes of inheritances the lawe ys otherwise For there the heire maye auoide all estates made by the dissesor or abatour or anye other person vvhose estate ys by lavve defeated Wherby yt dothe plainlie appeare that the kinge ys incorporate vnto the crowne and hathe the same properlie by succession and not by discente only And that ys likewise an other reason to proue that the kinge and the crowne can neither be saide to be with in the wordes nor yet with in the meanīge of the saide generall rule or maxime The thirde and moste principall cause of all ys for that the saide statute vvhere vpon the saide supposed rule or maxime ys gathered the children discendants and discended of the bloude royall by the vvordes of Enfāts du Roy The Kings childrē are expresselye excepted frō the surmised maxime are expresseli excepted owte of the saide supposed rule or maxime Which wordes the aduersaries do muche abuse ī restrainīge cōstruinge thē to extende but to the first degree onlie whereas the same wordes may verye vvell beare a more large and ample interpretation And that for three causes and considerations Firste by the ciuill lavve this vvorde Liberi vvhiche the vvordes Enfants beinge the vsuall and originall vvordes of the statute vvritten in the Frenche tongue counteruaileth dothe comprehende by proper and peculier signification not only the children of the first degree L. liberorū de verborum signific ff but other discendants also In the lavve sayenge that he vvho ys manumissed or made free shall not commence any action againste the children of the patrone or manumissor vvithovvte licence L. sed si ff de in Ius vocādo instit de heredibus ab intest not only the first degree but the other also ys conteined The like ys vvhen the lavve of the twelve tables sayethe The firste place and roume of
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of Englāde After vvhose deathe she retorned to her father yet did kinge Hēry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpō the saide kinge did reuiue ād renevve the like othe of allegeāce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like fōde imagination to vvchynge●k Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge Iohn̄ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amōge other thinges by kinge Richard the secōd who succeded his grandfather kinge Edwarde the thirde which Richarde had di●ers worthy ād noble vncles who neither for lacke of knowledge coulde be ignorāte of their right Diuersitie of opiniōs towchinge the vncle ād nephewe whether of them ovvght to be preferred in the royall gouernemēt neither for lacke of Frendes cowrage ād power be enforced to forbeare to chalēge theire title ād intereste yet shoulde he haue had some countenance of reason ād ꝓbabilitye by cause many argumētes ād the authoritie of many learned ād notable ciuiliās do cōcurre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle Iohn̄ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge Iohn̄ taken for other then for an vsurper by excludinge him The possessiōs of the crowne of ●nglands that were beyōde the seas seased into the Frenche kīgs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge Iohn̄ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge Iohn̄ by the practise and ambitiō of Quene Elenour hys mother ād by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide Iohn̄ hym self which moste fowle and shamefull acte the saide Iohn̄ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of Englāde And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Ar●hur in Bristowe castle where she miserablie ended her life Yf that ga●e Maxime wolde have serued to have excluded theis two children by cawse theye were strāgers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide Iohn̄ that the birthe owte of the legeance of Englande by father ād mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of Englāde beinge then at dissention with the saide kinge Iohn̄ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to Alphōs kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge Iohn̄ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the frāche kinges sonne claimed the crovne of this realme ī the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France † Pro here ditatevxoris i●re scilicet neptis Reg Io. vsque ●d mortem 〈◊〉 necessitas exigeret decertab● pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exāples are sufficiēte I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse dep●aued for a good suer ād substanciall interp̄tation of the cōmon lawe And yt were not altogether frō the purpose here to cōsider ād weighe with what ād howe greauouse plagues this realme hath bene ofte afflicted ād scowrged by reason of wrōgfull ād vsurped titles I will not reuiue by odiouse rehearshall the greatnes ād nōber of the same plagues aswell otherwise as especiallie by the contentiō of the noble howses ād famelies of yorke ād Lācaster ▪ Seinge yt ys so fortunatelie and almoste with in mās remēbrāce extīct● ād buried Haroldꝰ muneribꝰ genore fretꝰ regni diadema inuasit Hēr Hunt hist● Angliae li. 6. I will nowe putt the gentle Reader in remēbrāce of those onlie with whose vsurpinge titles we are nowe p̄sentlie in hāde And to begīne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
have declared and against the cōmon lawe The which must not be thowght by this statute any thinge taken awaye but onlie declared and against all good reason also For as we wolde haue thowght this realme greatelie iniured yf yt had bene defrawded of Spaine or any of the foresaide contreies beinge devolued to the same by the foresaide mariages As we thincke our self at this daie iniured for the with holdinge of France so the issewe of the foresaide noble womē might ād wolde have thowght them hardly and iniuriouslie handled yf any suche case had happened Neither suche frivelouse interpretation gloses as this man nowe framethe and makethe vpon the statute Wolde then haue served nor nowe will serve But of all other hys frivelouse and folishe ghessinge vpon the cause of the statute for Enfans du Roy A fōde imaginatiō of the ad●sarie of the statute 25. ● 3. there ●s one moste fōde of all for he wolde make vs beleave suche ys the mās skyll that this statute towchinge Enfants du Roy was made for the greate bowbte more in them then in other persōs tovvchinge theire inheritāce to theire Auncesters For beinge then a maxime saieth he in the lavve that none coulde inherite to his Auncesters beinge not of father ād mother vnder the obedience of the kinge seinge the kinge him self coulde not be vnder the obediēce yt plainlie seamed that the kinges childrē vvere of farre vvorse conditiō then others and quite excluded And therefore he sayethe that this statute vvas not to geue them any other priuilege but to make thē equall vvith other And that therefore this statute tovvchinge the kinges children ys rather in the superficiall parte of the vvorde then in effecte Nowe amōge other thinges he saiethe as vve haue shevved before that this vvorde Enfants du Roy in this statute mentioned muste be taken for the childrē of the first degree Whiche he seamethe to proue by an note taken ovvte of maistre Rastall There was no dovbte made off the kinges children borne beyonde the seas But to this vve ansvvere that this man svvetly dreamed vvhen he imagined this fonde and fantasticall exposition And that he shevvethe him selfe a verie Infante in lawe and reasō For this was no Maxime or at leaste not so certaine before the makinge of this statute vvhiche geauethe no nevve right to the kinges children nor answerethe any dowbte towchinge them and theire inheritance But saiethe that the lawe of the crovvne of Englande ys and alwayes hathe bene vvhich lavve sayethe the kinge saye the lordes saye the cōmons we allowe and affirme for euer that the kinges children shal be hable to inherite the landes of theire Auncesters vvhere so euer they be borne All the dovvbte vvas for other persons as appearethe euidētlie by the tenour of the Statute vvhether by the cōmō lavve they beinge borne ovvte of the allegeāce vvhere heritable to theire Auncesters And yt appearethe that the aduersarie ys driuen to the harde vvall vvhen he ys fayne to catche holde vpon a felye poore marginall note of Maistre Rastall of the kinges children and not of the kinges childres children Whiche yet nothinge at all seruethe his purpose towchinge this Statute But he or the printer or who soeuer he be As he draweth ovvte of the texte manye other notes of the matter therein comprised So vpon theis frenche vvordes Les Enfants du Roy he noteth in the margente the kinges children But howe farre that vvorde reachethe he sayethe neither more nor lesse Neither yt ys any thinge preiudiciall to the saide Quenes right or title Whether the saide vvordes Infantes owght to be taken stritkelie for the first degree or farther enlarged For yf this statute towchethe onlie the successiō of the kinges childrē to theire Auncesters for other inheritāce ād not for the crowne as moste men take yt ād as yt maye be as we have saide verye well taken and allowed Then doth this supposed Maxime of forraine borne that seameth to be gathered owte of this statute nothinge anoye or hinder the Quene of Scottes title to the crowne as not ther to apꝑteininge On the other side if by the inheritāce of the kinges childrē the crowne also ys mēte yet neither maye we ēforce the rule of forraine borne vpō the kinges childrē Which are by the expresse wordes ī the Statute excepted Neither īforce the worde Enfās to the first degree only Thys statute towchethe not the Quen● of Scottes as one not borne beyonde the seas For suche reasōs presidētes ād exāples ād other ꝓuffes largely by vs before set forthe to the cōtrarie Seīg that the right of the crovne fallinge vpō them they maye well be called the kiges childrē or at leaste childrē of the crowne There ys also one other cause why thoughe this Statute reache to the crowne ād maye ād owght to be exded of the same the saide Quene ys owte of the reache and compasse of the saide statute For the saide statute can not be vnderstāded of any persons borne in Scotlāde or wales but onlie of persons borne beyōde the sea owte of the allegeance of the kinge of Englande That ys to witt France Flawnders and suche like For Englande Scotlāde and wales be all within one territorie and not devided by any sea And all olde recordes of the lawe concerninge seruice to be done ī those two contreyes haue theys vvordes Infra quatu●r maria within the fower seas which must nedes be vnderstande in Scotlande and vvales asvvell as in Englande by cavvse they be all with in one continente compassed vvithe fower seas And likevvise be manye Anciente statutes of this realme written in the Norman frenche Whiche have theis vvordes Deins lez quatre mers that ys vvithin the fower seas Now concerninge this statute the title of the same ys of those that are borne beyōde the sea the dowbte moved in the corps of the saide Statute ys also of children borne beyonde the sea owte of the alleageance with diuers other branches of the Statute tendinge that vvaye Whereby yt seamethe that no parte of the Statute tovchethe theis that are borne in wales or Scotlande Vide statuta vvallie in magna carta And albeyt at this time and before in the reigne of Edwarde the firste Vvales vvas vnder the allegeāce of Englande before yt vvas vnited to the cr●nve wales vvas fullie reduced anexed ād vnyted to the proper dominion of Englande yet was yt before subiected to the crowne and kinge of Englande as to the lorde and Seignour aswell as Scotlande Wherefore yf this Statute had bene made before the time of the saide Edwarde the firste yt seamethe that yt coulde not haue bene stretched to wales nomore then yt can novve to Scotlande I do not therefore a litke marvaile that ever this man for pure shame coulde finde in his harte so childishelie to wrangle vppon this vvorde Enfants and so openlie to detorte deprave and corrupte the
suche lawfull prouffe againste the saide will ꝓducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges hāde yet neuerthelesse saye they the verye copies we haue spoken of beinge writtē signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill ād sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differēce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ꝑliamētes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefim● quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will absēte maye be geaven to an acte of parliamēt by hys lettres patētes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken cōmonlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers p̄sumptions ād reasons agaīst the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geauē him neither denie but that he might also in some honorable sorte haue practised the same to the honour ād welthe of the realme to the good cōtētatiō of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange ād dishonorable sorte as ys p̄tēded I plainlie denie For beinge at the time of this p̄tensed will furniss●ed and adorned with issewe our late kīge Edward ād ladie Marie late Quene ād with our graciouse souereigne Elizabeth theire state ād successiō beinge also latelie by acte of ꝑlamēte established what nede or likelyhode was there for the kinge thē to practise such newe deuises as neuer did I suppose any kinge in the realme before ād fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factiō of the redd rose and the white lately by the incorporation and vniō of the howses of yorke and Lancaster in the ꝑsō of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished ād buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliamēte yet coulde not he be ignorante that nether p̄liamētes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ꝑliamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as pretēded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ꝑliamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then whē all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ꝓcure ād purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the frēche Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce ād afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine ād Machometicall Prince and to suche a one our stories testifie that kinge Iohn̄ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ꝑliamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to graūte it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister ād the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yōgeste sister as of the remnante of the royall bloude ād placed some beīge not of the sayde bloude and perchance othervvise vnable this assignation had bene good ād valable in lavve as cōformable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons comp̄hended vvith in this assignatiō and theire qualities and for the persons also hauinge right ād yet excluded As for the manner of the doinge of the acte ād signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed ād ruled by the lawe ād accordīge to the good mīde ād meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all ābiguities dowbtes and diuisions towchinge the successiō They putt theire whole truste vpō the kīge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremēte putter he not awaye all contentions and striffes yf the mynde ād purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testamēte and laste will suche as Modestinus definethe testamētum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitiō of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to cōsider and debate vpō yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testamēte ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is cōmonlie called kinge Henryes will was no newe will deuised in his sicknes but eavē the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the cōmon lavve of this realme but nature yt self tellethe vs that the Quene of Scotlād yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer ād borne owte of the realme yet this not with stādinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie hādled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chaūced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine ād her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
❧ A defence of the honour of the right highe mightye and noble Princesse Marie Quene of Scotlande and dowager of France with a declaration aswell of her right title intereste to the succession of the crowne of Englande as that the regimente of women ys conformable to the lawe of God and nature ❧ Imprinted at London in Flete strete at the signe of Iustice Royall against the Blacke bell by Eusebius Dicaeophile Anno Dom. 1569. ❧ THE AVTHOVR TO THE GENTLE READER IT ys not vnknowen to the gētle Reader beinge an Englishe man vvhat greate contention hathe of late risen in Englande what talke and vvritinge haue bene towchinge the ryght of the Quene of Scotlāde to the succession of the crovne of Englād what hote scholes and disputations haue bene kepte in manye places here towchinge the right heire apparente of the crowne of Englande yf God call to his mercie our gratiouse Quene Souereigne Elizabethe with owte issewe of her bodye Neither hathe this sturre stode withe in the liste of ernest and feruente talke of eche side but men haue gone on farther and haue aswell by printed as vnprinted bookes done theire indeuour to disgrace blemishe and deface as muche as ī them liethe the iuste title claime and intereste of the noble and excellente Ladie Marie Quene of Scotlande to the foresaide crowne Yea they haue in vtteringe theire grosse ignorāce or rather theyr spitefull malice againste her grace ronne so on headlonge that they haue expressely denied and refused all womanlye gouernemente All vvomans regiment refused of some Amonge other one of theys rashe hote hastie and headye companions hathe caste abrode abowte Iulye last a poysoned pestiferous pamflett against the saide Quenes clayme and interest Wherein he auouchethe also that the ciuill regimente of women ys repugnante bothe to the lawe of nature and to the lawe of God It ys more ouer well knowen to all Englande and Scotlande what a busines and sturre there hathe bene what earnest vehemente and violēte talke what false fained and forged reportes and opprobriouse slaunders haue bene bruted as well in the one as in the other realme againste the sayde vertuouse good innocence Ladye and Quene by the craftie maliciouse drifte of her rebelliouse subiectes Who haue not onlye blowne abrode and filled mennes eares with lothesome and heynouse accusations against her grace towchinge the slawghter of her late deare husbāde But haue also vpon this false slaunderouse crimination taken armes agaīst her emprisoned her spoyled her of all māner her costelye apparell Iewelles and also bereaued her of her princelye and Royall aucthoritie intrudinge them selues into the same vnder the name and shadowe of the yonge Prince her sonne Towchinge all theys poinctes ye shall haue nowe good reader in this treatise followynge deuided in to three bookes The contentes of the bookes followīge an answere And for as muche as Salomon writethe and this good Ladye so takethe yt that a good name ys to be praised and valewed aboue all pretiouse oyntementes Ecclesi 7. aboue all golde and syluer Proue 22. and that the impayringe of her honour by theys fowle and slawnderouse reportes dothe towche and nippe her harte nerer then maye the losse of anye worldelye honour hanginge vpon her by expectation or that she hathe enioyed or dothe presentlye enioye or any other greauouse iniuries that she hathe most wrongfullye but most pacientlye suffred Yt ys thowght good that the defence of her honour shoulde forgoe the other two bookes wherof the former entreatethe debatethe and discussethe the right title and interest of the sayde Quene Marye to the succession of this crowne of Englande Declaringe her sayde right and title to be good and lawfull by the common lawe of this realme and the actes of parliamēte therein holdē with a full answere of suche obiections as the aduersaries laye forthe against her saide right by coulour of the saide lawe or parliamentes And for as muche as with our foresaide newe foūde doctour neither common lavve nor actes of parliamente seame to serue for a sufficiente plea but that we are by him driuen also to pleade by the lavve of nature and by scripture We haue adioyned in the thirde booke a cōueniente answere to this fonde fantasticall and daungerous assertiō as well to the states of other Princes as to the state of his and our gratiouse Souereigne Wherein we auouche womans regimēte to be cōformable bothe to the lawe of God and the lawe of nature Which tretise maye seme ꝑchance to some as superfluous neither I greatlye denye yt and there fore might and vvolde gladlye haue spared so muche labour and trauaile yf this litle poisoned pamflett had not manye readers and many also fauorers and allowers or yf the matter did not so nighe towche euen our owne gratious and noble Souereigne or yf this lewde assertion were not as yt were by a Sampsons poste vvithe the countenance of the lawe of nature and Godes holye vvorde vnderpropped or yf that Godes holye vvorde were not nowe a dayes wretchedlye applied God reforme yt and licenciouslye vvreathed vvrested to the maintenaunce of euerye priuate mās fansie and follye and as fondelye and folisshelie credited embraced also of other fantasticall persons or yf this man were the first Se the first Blaste or like to be the l●ste mainteyner and setter forthe of suche a strāge and daungerous Paradoxe Or yf there haue not alredy bene publisshed and divulged by printe englishe bookes for the maintenance of the saide strange doctrine Which vvas yf vve shall creditt the setters forthe of yt firste well cōsidered then aduisedlye allowed by suche persons as a greate multitude of people in manye contreyes do nowe greatlye esteme and honour or yf the daunger of this doctrīe stretched not to many other greate Princes and kingdomes or to conclude yf the divulgation of this doctrine stode onlye in Englishe Bookes and that there vvere not Bodinus in metho ad cognit hisstor that haue shewed theire fonde fansie therein euen in the latin and most common tongue of all For theys and other causes vve haue sett in the last booke a confutation of this grosse and dangerous error where as also he ēueyethe most slanderouselye against her highnes for the foresayde slaughter vvith bare naked but spitefull reproches and oute cries with ovvte anye manner of kinde or countenance of good proufe we will referre the Reader to the foresaide defence of her honour By the which ansvvere ye shall see her integritie innocencie and vvith all that her accusers have in this matter played suche a Tragedie agaynst they re gwyltles Ladie and gratiouse Sovereigne as lightlie the worlde hathe not harde of the lyke The whiche theire false slaunderouse The commēdations of diuers kinges for releauinge of other Prīces beinge in extremitie owtragiouse rebelliouse doynges yt ys hoped that our gratiouse Quene wyll well consider and ponder and wyll take
some conveniente order also aswell for the repressinge of them as for the restitution of the sayde Quene Marie into her owne realme And the rather bycause our saide Quene ys learned and therefore not ignorante what greate cōmēdation and immortall fame manie kynges haue purchased to them selves for suche benefitt bestowed vpon other Princes beynge in the like distresse and extremitie The monumētes of antiquitie as well prophane as Ecclesiasticall are filled withe the memorie of suche noble factes In holye scripture we reade that Abraham cowragiouselie and manfullie delivered hys brother Lothe Genes 14. whith certaine Kynges taken prisoners by they re enimies Esdrae ▪ 1. Cyrus deliuered the Iewes from captiuitie 4. Reg. c. vlt. Evelmerodache delivered Ioachim the Kynge of Iuda ovvte of prison 1 Machab. 15. The Romans dyd write to divers Kynges in the favour of the Ievves vniustlie oppressed What shall I speake of Alexander the greate that restored Ada the Quene of Caria Or of the foresaide Romans that restored Masinissa the Kynge of Numidia with manie other Kynges Or of our noble Cordell that sett vp agayne in the Royall throne of our Britannie her father driuen from thence by hys two other vnkinde and vnnaturall dowghters Some Princes of this our realme haue in they re greate calamitie amōge other kinge Henrie the sixte fownde muche cōforte frēdshippe succour and relief at the kinges handes of Scotlande This Ladie Quene desierethe nowe to taste the like at our Quenes handes Whereby she shall winne greater commendation then did Charles the late Emperour for restorīge either of Frācis Sfortia to the dukedome of Millane or of Muliasses to the kīgdome of Tunes or of his sōne kinge Philippe for ꝓcuringe the restitution of the Duke of Sauoye For this Ladye and Quene ys her most nighe neighbour by place And her nighe cosen and sister by bloude She ys a Quene and therefore this vvere a fitt benefitt for her relief from a Quene Yea she ys as yt were her dawghter bothe by dawghterlye reuerēce she bearethe her maiestie and by reason she ys of God called to the daughters place in the succession of the crowne yf her maiestie faile of issewe And I dowbte nothinge yf she imploye this motherlye benefitt vpon her but that she shall finde her a myndefull thankfull an obediente dawghter For of all women in this vvorlde she abhorrethe ingratitude She hathe hitherto depended onlye vpon the hope The greate truste that the Quene of Scottes hathe euer had in her deare sister the Quene of Englād to haue helpe and succour of her maiestie geuinge ouer partelye voluntarie partelye at the motion of her maiestie diuers profers of ayde and succour by other mightie and puissante Princes her frendes frelye to her offered reposinge her self vpō the fayre and princelye promises that her Maiestie hathe made to her sondrye tymes aswell by lettres as by messengers for her relief when so euer oportunitie shoulde occasion her to craue yt For theys and manye other cōsiderations there ys good hope as ys a foresayde that our gratiouse Maistresse will take in hande her restitution Wher vpon I trust shall followe suche farther and entire amitie betwene them bothe and theire realmes that the benefitt fruite and commoditie therof shall plentifullye redowne aswell to all the posteritie of bothe the sayde realmes heare after as to vs presentlie ❧ The printer to the reader I Require ād hartelie praye the good and louinge reader that yf in this praesent Boke thou finde any alligation not dewlye coted or a poinct out of place a lettre lackīg or other wise altered as n for u and suche littill light faultes against orthographiae thov wilt neither impute the same to the authour of this worthie Worke nor yet captiouslye controule the errour but rather of thy humanitie and gentilnes amende that which is amisse with thy penne For if thou diddist knowe with what difficulté the imprinting herof was atchiued thou woldest rather curtouslye of frendlye faueur pardon many greate faultes than curiouslye withe rigorouse censure to condemne one litle Christe kepe the in his faithe and feare praesentlie and perpetuallye Amen ❧ A DEFENCE OF THE HONEVR OF THE ryght hyghe ryght myghtye and noble Princesse Marie Quene of Scotlande a●d Dowagere of France The fyrste Booke IT WERE to be wisshed that as God and nature hathe moste decentlie ordinatelie and providentlye furnisshed and adorned man with two eyes whie that nature hathe geven co man too eyes and tvvo eares aud but on tongue two eares and butt withe one mowthe and one tongue wōderfulye brydled and kepte in with the lippes the teathe ▪ So men wolde cōsider the cause of yt ād the greate prouidēce of God therein And after dewe consideration vse them selues accordingelie Then shoulde we sone learne and practise a good lesson to heare and see manye thynges and yet not to rune headlōge nor rudelie ād rashelie to talke of all we here and see But to talke within a cōpasse and to referre all our talke to a temperancie and sobrietie and to a knoven tryed trevthe especiallie where the sayde talke maye sownde to the blemishinge and disgracinge of anie mans good name and estimatiō But nowe a daies the more pittie thereis nothinge almoste but that as sone as yt ys perceaued by the eye or eare must forthwithe be lasshed owte agayne by the mowthe suche a superfluouse and curiouse ytchinge we haue dissolutelie and vnadvysedlie to talke of all matters thowghe they tende to the greate hynderance and infamie of manye of our bretherne And thowghe we be nothinge assured of the certaine trewthe of the matter yea withoute respecte to pryuate or publike persons Of suche vnbrydeled talke no man or woman in our dayes hathe as I suppose more iuste cause to cōplaine then the ryght excellente Princesse ladie Marie Quene of Scotlāde whose honour manie haue gone abowte to blotte and deface in charginge her most falselie and iniustlie withe deathe of her late husbōde the lorde darley For the defence and mainteynynge of whose innocencye in thys behalf we intende to laye forthe before the gentle reader the moste cheif and principall reasons grounds and arguments where vppon the patrones the inuenters and workers of all theis myscheavouse and develyshe dryfts grownded them selves and all they re owteragyouse doyngs And then consequentlye to infringe and repulse the same For to rehearse answere to and repell all they re assertions and obiections yt woulde require a verie longe tediouse and a superfluouse discourse in as muche as theis iolye gaye oratours measuringe theire doings more by nombre of false obiections then by trewe substanciall and pithie matter to make a goodlie florishe and a trime shewe to face owte and countenance they re craftie iuglings And to cover they re disordered dealings there with all have raked vppe and heaped together onevppō an other against they re good maistresse and Sovereyne Quene no small nomber
and vehementlye repynynge feared least that he wolde be as he Was in deade When he savye hys tyme revenged vpon hym The cause vvhie the Erle Murraie heyted the lorde Darley bycause he vvas of hym detected to the Quene for beynge one and the cheif of the counsailours ayders and assisters in the cōspiracie abovvte the murther of the Secretarie novve cōmitted Theys and the lyke imaginations so deapelie sancke in to and pearced the yonge mans harte that finallie he resolved whith hym self by one meanes or other to rydd the Erle Murraye ovvte of the vvaye Where abovvte he vvente so farre forthe that he communicated hys purpose to the Quene who dyd most hyghelie myslike ther with and moste vehementlie deterred hym from the saide hys intence Yet did he breake the matter farther as to certaine other noble men by vvhome at the last Yt vvas reveled to the Erle Murraye Wherefore the Erle dyd continuallie after beare hym a deadlie enimitie and hatred Wher vpon at lengthe all other attempts fallinge him this execrable murther vvas by hym the saide Erle Murraye and by the Erle Morton fyrst devised and aftervvarde in suche strange and heinouse sorte as the vvorlde knowethe ād detesteth moste horriblie practised and putt in execution What paradventure some man wyll saye of all the men in the worlde the Erle Murraye ys fartheste of from all manner of spott and sinister suspition towchinge this matter for he vvas not at the courte vvhen this murther vvas committed And vvhen the Quenes grace vvas apprehended he vvas ovvte of Scotlande And vvho did driue ovvte of Scotlande the Erle Bothvvell but the Erle Murraye Who ys he that hathe taken so muche paines and trauaile to bovvlt and finde ovvte and execute suche as vvere culpable therein but the Erle Murraye In deade for his bodelie presence at the deade doinge I vvill nothinge affirme he muste yelde the price therof to his hastie companion the Erle Bothevvell He muste be contended for his share vvithe the preeminēce and prerogatiue of his speciall deadlie feade tovvarde the lorde Darley ād preposterouse pregnāte pollice and vvitt so closelie ād so smothelie to conueye and cōpasse yt And beare owte vvithe so greate countenance so heinouse a facte ād to revvarde him self for his paines taken therein vvith the extrusion of his maistresse and Quene ād intrusion of him felf thoughe absente to the regimente and gouernemēt of the whole realme This this I saye maye sufficientlie serue him for the aduancement of his commendation and prayse and for the signification of his fine politike heade and inuention I meane for that before his departure owte of Scotlāde into France vvithe his machiuells practizes he had so conningelie contriued the vvole matter vvithe his faction that they shoulde procure not onlie the Erle Bothvvell to be acquited of the murther but for his good seruice to be revvarded with the Quenes espovvsalls entendinge by this mischeuouse policie the vtter vndoīge and ouerthrovve asvvell of him the Erle Bothvvell as of the Quene her self also There neuer lacked good vvill in them as yt vvell appearethe by theire vngraciouse doings to haue longe before ouerthrovvne theire saide maistresse but there euer lacked apparente matter to blinde mens eyes vvithall and to make her odiouse vvith the people Novve theis vvilie men vvel knevve that yf they might ones compasse and bringe this mariage thus to passe vvithe the Earle Whom they intended then as faste to blase abrode for the murther by thē comitted as they did suppresse the same before from theire good ladie and Quene vntill they had brovvght her to the baite The cause vvhy the enemies did impute the slavvghter to the Quene yt vvolde seame verie probable not onlie in the eies and iudgement of the rude and comon people but also of manie sage graue vvise and learned men that she vvas priuie of her husbands deathe Wherby they might praetende one execrable acte againste her that all men wolde deteste and abhorre to colour cloke theire rebelliouse trecheries Lucifer him self coulde not haue fetched a finer and a more mischevouse and deavelishe fetche then herein theis mē haue done As for the Erle Murraie his absence yt dothe nothinge releaue or excuse him Yea yt ys singulerlie to be noted and marked that his verie iourneies lacke not theire fine fetches to serue his turne The vvorkinges of the Erle Murraie ī the time of his absēce Throwghe his first iorneie into France he Wāne and purchased the highe loue and fauour of his benigne Maistresse He retornethe ovvte of Englande at the verie pointe seruinge tvvo turnes at on s by the one therof to circumuent his good innocence ladie thinckinge to make her beleaue by reason of his absence that he vvas farre from the societie of that conspiracie by thother to assiste the better vvith his praesence the confederates and sodenlie to ioyne vvith them as he did I graunte that he vvas absente bodelie at the facte doinge but yet nothinge vvas done the vvhiche vvas not by his counsaile or agrement concluded The vvhiche his deuise vvas so horrible that yt caused the murther of his Souereignes Secretorie her imprisonmente by her owne husbāde that the Quene beinge greate withe childe was put in suche a feare as might haue tended to the present daunger of her lief and of her childe Yea the vere scope of this deauelishe drifte was eauen to haue ouerthrowne him also vvhome they made theire vnhappie and vnluckie instrumente to ouerthrovve and depose his ovvne louinge vvife and moste dreade Souereigne Theis misteres full stuffed vvith suche mischeuouse purposes lo vvrought this Erle in the time of his absence Novve yt ys to be considered that abovvte sixtene howres before the lorde Darley vvas slaine the better to coulour the matter he departed from the courte Abovvte two monethes after ●e toke his iorneye into France leauinge the Erle Bothevvell as his moste entire and trustie frende recommendinge all his causes and affaires to hym before all other At hys seconde retorne from Frāce he intrudethe hym self into the Scepter royall vnder the name and shadowe of the yong● Prince The whiche thinge vvas so imagened invented and deuised lōge ere that he departed and in hys absence by hys trustye frends remaininge in Scotlāde accordinglie accomplished and executed The Quene vvas aftervvarde apprehēded and caste into prison at Lochleven Where hys mother brother dvvellethe Vnto the vvhiche Fortresse she shoulde haue bene sente as we haue saide at the first cōspiracie of the saide Erle Murraye yf theire maliciouse minde and intente had not bene disapointed by the prouidence of god Novve what serche when and after vvhat sorte yt vvas made for the saide Erle Bothvvell vve haue alredie declared Yf ye alleage farther and saye that no man can denie but that the saide Erle Murraie made also lōge diligēte narrowe searche for the murtherers and did severelie punishe them To this vve replie ād saie that he neaded not
detestable practizes neyther vvill suffer them selves to be spotted with the favoringe and assistinge of your abominable doinges We can tell you that this good ladie ys vniustlie accused ād wrongfullie oppressed as good Susanna was We can tell you that ye altogether resemble the tvvo olde vvicked gouernours that vvrōgfullye accused her as an advowtresse beinge the advouterers them selves and brovvght her into daunger of present deathe by theire false testimonie as ye haue done withe your vvell intendinge Quene for that she vvolde not consente and yelde to the olde lustie lecherouse Rebelles We can tell you that yf you do not the soner repēte ye see by example of them What your revvarde shal be And that in the meane while God hathe as wonderfullie delivered owte of your handes this our innocēte Susanna as ever he did the other from them For thovvghe she vvere kept straight in a strōge fortresse and castle vvith vvatche ād vvarde in suche sorte that none of her vvell willers and Frendes no not so muche as the Frenche kinges or our maistresse her moste deare sisters ambassadours might be suffred to come at The Quene in a manuer miraculouslie delivered out of lochleven ●rison or to speake with her Thovvgh she vvere daile gvvarded withe greate nomber thovvghe the gates vvere euery eaveninge suerlie and customablie locked and the keies therof vvere continuallie night by night delivered to the lorde of the saide castle Thowghe the botes were conti●uallie fastened ād locked vppe Yet god so vvrowght that the keies of the saide castle were in the saide lords verie presence takē avvaye by a poore orphan simple boye beinge not yet eightene yeares olde bredd alwayes browght vppe ī the same howse Whiche feate by hym Wrovvght ād a tokē or significatiō geaven therof to the Quene she departed ovvte of her prisō hovvse into the courte therof at seaven of the clocke at night vpon the seconde daye of Maye And so passinge vvente to the saide gates vnlocked and opened by the saide orphan boye Who takinge bote also rowed her her waitinge maide vvith all vvith muche a doo over the vvater vvho havinge nowe passed the vvater vvas on the other side receaued by certaine gentlemen ād by them cōveied cōducted to Hamiltō where she before her nobilitie revoked annichilated made voide all that she did ī prisō before with solemne ꝓtestation vpō her othe that she vvas violentlie forced therto ād putt in iuste feare of the losse of her life After this yt pleased god to putt her in mīde to tacke her iourney into Englande aswell for the speciall and singuler truste she hathe in her deare Sister her cōfortable ꝓmises to her before her cominge by messēgers letres tokens sente from her bothe confortinge and promisinge her oportunitie seruinge all conueniente succour and helpe as that we Englishemen whiche muste neades honour and reuerēce her Who ys of the nexte Royall bloudd and trevve heire apparente of the crovvne of this realme of Englande shoulde throvvghelie knowe and fullie vnderstande to our greate comforte her purenes integritie and innocēcie in the matter vnder pretence vvherof her traitours and rebelliouse subiects thereby to accomplishe theire seditiouse ād ambitiouse minds and purposes haue molested vexed and disquieted her in māner a foresaide And nowe at the laste kepethe her not onlie from her crowne ād realme but from all whatsoeuer either her priuate or other goods as vnwillinge that she shoulde either kepe the state ād porte of a Prince or any other meaner estate vvhatsoeuer Neither hathe it altogether fallen ovvte cōtrarie to her expectatiō and desire For the nobles of Englande that vvere appointed by the Quene to heare ād examine all suche matters as the rebelles shoulde laye againste the Quene haue not onelie fownde the saide Quene innocente ād gvviltlesse of the deathe of her husbāde but do vvithall fullie vnderstande that her accusers Were the verie cōtriuers deuisers practitioners ād vvorkers of the saide murther ād haue farther also so muche encreased ād in suche Wise renued the good estimation and greate hope they alvvayes had of her novve ꝑfectlie knowinge her innocencie and therto moued throvvghe other princelie qualities resplendente in her with many Wherof she ys muche adorned The commissioners appointed in Englād to hear the Quene of Scotts matters vvell liked of her saide innocēcie and of her title to the successiō of the crovvne ād singulerlie endevved that they haue in moste earnest vvise solicited ād ētreated the Quene of Englād to geue her aide ād strengthe vvhereby she maye be restored againe to her honour ād crovvne They haue moued the saide Quene of Scotlande also that yt maye please her to accepte and like of the most noblest man of all Englāde betvvene vvhom ād her there might be a mariage cōcluded to the quietinge and comforte of bothe the realmes of Englande and Scotlāde Finallie the noble men of this our realme acknovvledge ād accepte her for the verye true and rigthe heire apparēte of this realme of Englande beinge fullie minded ād alvvayes readie if God call to his mercie the Quene that novve ys then to receaue and serue her as theire vndovvbted Quene Maistresse ād Souereigne Wherby yt maye easelie appeare hovve Well they like of her cause that had the hearinge and triall of the same allthovvghe she never as yet came in theire presence Theis thinges novve and manie other whiche for the eschewinge of prolixitie we forebeare to enlarge our treatise vith maie be alleaged for the defēce of the Quenes integritie and for the vprightnes of her cause the vvhiche I vvolde vvishe you the Erles Murraye and Morton vvithe your allied confederates before all other most deapelie and by times to vveighe and consider accordingelie as the vveight and greatnes of the cause An exhortatiō of the Erles Murrayē mortō others to reconsile thēselves to the Quene as your owne sauftie vvith the wealthe honour of your natiue cōtrey do require I am not ignorante that the matter ys gone verie farre vvith you that many impedimēts do concurre to with dravve you to seake that remedie for the reformation of things paste vvhiche ys the beste and th' onelie remedie But suerlie vvhen ye have fullie vveied all things on everie side accordingelie ye shall finde no sure and sovvnde remedie but in makinge a true a sincere and an vnfained humble submission to your gratiouse Quene vvhō ye haue so greavouselie offended and molested Let not the greatnes or nomber of your treasons wrovvght against bothe your Quene and cuntrey Let not any vaine false imagined opiniō either of the worlde or of your vtter ouerthrovve by reason of anie suche fonde presumption of your presente highe estate of your greate povver force and strengthe Let no vaine expectatiō of externall succours staie or stoppe you from so necessarie a devvtie and so comendable before God and the worlde Ye best knovve that amonge all the princelie ornamētes and
vertues in your Quene her mercie and clemencie are singuler and peerelesse The Quene of Scotts full of mercie She seamethe vvell to haue learned that lesson of the ghospell Yf thy brother do offende the forgeve him not onelie seaven times but seventie times seaven times She vvill not onelie forgeve but forgett also She neither ys ignorante in vvhat state her realme standethe in nor that extreame severitie from the whiche she naturallie abhorrethe ys not of all other times nowe against suche as vvill imbrace mercie offered them to be shevved and practised She vvill rather like the lawe of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 obliviō ād forgetfulnes so muche of the olde Writers comended The greate benefitt wherof ye haue so often ād so abōdantlie receaved at her hands And therefore ye neade the lesse to feare the discontinuance of your highe and honorable estate and condition As for shame yt stādeth in the euill doinge yt self and not in the amendinge and reforminge of yll deeds vvhiche amendemente and reformation yf ye ernestlie and trevvlie minde yt vvilbe to the greate contentation of your most gratiouse Quene and of all her louinge subiects And in so doinge you shall bothe highelie auance your honorable estate and estimation ād make her a good amends for that vvhich ys paste ād can not be reuoked But on the other side yf ye geue ouer and refuse this occasion novve presente and goo forevvarde vvith your rebelliouse entreprises and attemptes mindinge to abide and trie the vttermoste ye moste vvilfullie cut avvaye and exclude from your self all good hope of mercie and pardon and take a vvronge vvaye for your ovvne sauftie and preseruation For your cause ys navvght and so ye vvell knovve yt to be And therefore can ye not loke to haue and obtaine a good prosperouse successe and ende therof Well ye maye as hitherto ye haue done tosse turmoile ād tumble all things vpside dovvnevvards for a vvhile But be ye assured that gods hande Will fall ād light the heuier ād With a greater paise vpō you at the lengthe therefore Yt ys easie to be seen by the course of all times The ende of rebelles euer vnhappie as vvell by your ovvne verye histories at home as by the cronicles of all other nations abrode to vvhat ende commonlie suche seditiouse conspiracies and treasons do come to that ys to the vtter ouerthrowe and confusion for euer of theis ꝑsons that vvorke attempt practise or mainteine the same They seame for a vvhile to beare greate svvaye and all the vvorlde for a vvhile to rūne vvith them But in the ende they fayle and are cleane geauē ouer What meruaile were yt yf a hovvse shoulde not longe continevve that ys builded but vpon a yeldinde sandie grovvnde Ye haue builded ād fovvnded all your doinges vpō vntrue and lienge slaunders and treacherouse treasons agaīst your dreade Souereigne The sincere veritie vverof vve haue herein trevvlie doclared The vvhiche beinge ons throvvghlie detected ād euidētly knovven to suche as ye haue in Scotlande craftelie abused ād shamefullie circumuēted as suerlie yt dailie burstethe ovvte more and more ye shall se your self sodenlie lefte naked ād quite forsaken eauen of those vvho haue bene your greattest assisters aiders and furtherers For as the olde prouerbe ys truthe ys the Davvghter of time And as ye shal be lefte alone at home so can ye not loke fo maintenance and vpbearinge of forraine Princes They vvill not defyle them selues and theire honorable vocation vvithe helpinge so fovvle a cause and so daungerouse and perillouse a matter that maye tende to the molestation and hurte not onlie of theire ovvne state but of the states of all kinges christened Other Prīces vvill not suffer the Quene of Scottes to be iniuried by her subiectes Naye ye muste rather thincke that other Princes vvill iudge and take yt to tovvche them to nighe to suffer suche a villainie to passe and escape vnreuenged and so good a ladye to be lefte destitute and desolate The emperour vvill not beare yt France vvill not beare yt Spaine vvill not beare yt And especiallie our noble Quene of Englande vvith her vvorthie nobilitie vvill not beare or suffer suche outragiouse dealinges against her next louinge neighbour and deare sister yea againste the heire apparenre of this most noble realme Albe yt that ye vvithe your surmised lies the better to mainteine your vsurped and nevve erected kingedome make her to be in feare of her ovvne state in case she shoulde restore the saide innocente Quene to her crowne agayne The ende of the firste booke ❧ THE SECONDE BOOKE TOWCHINGE the right title and interest of the foresaide Ladie Marie Quene of Scotlande to the Succession of the crowne of Englande THE greate providence good Reader of the eternall God who of nothinge created al thinges did not onlie create the same by his ineffable povver but by the same power gaue a speciall gifte and grace also to euerie livinge thinge to cōtinevve to renevve and to preserue eche hys ovvne kinde But in this consideration the condition of man amōge and aboue all earthlie thinges hathe his peerlesse prerogatiue of vvitt and reason Man only hath the p̄rogatiue of witt reasō amōge all earthely creatures vvhere vvithe he onlie ys of God gratiouslye endewed and adorned By the which he dothe ꝓvide not onlie for hys praesente necessitie and savegarde as do also naturalie after theire sorte all beastes all other lyuīge thynges voide of reason but also by pregnancie of wytt and reasonable discourse doth longe afore foresee the dangerouse perilles that manie yeares after maye happē either to him self or to hys contrey And then by diligence and carefull provision dothe inuente apte and mete remedies for the eschevvinge of suche mischeives as might ovvtragiously aftervvarde occurre And the greater the feare ys of greater mischeif the greater the deaper and the spedier care ys vvonte to be taken Men are moste boūde to the p̄seruation of theire contrey to praevente and cutt of the same Yt ys also moste certaine by the confession of all the vvorlde that this care ys principallie devve by eche man that hathe oportunitie to do good therein to hys Prince hys cōtry and to the comon vveale and good quiet of the cuntrey for the continuance and happie praeseruation of the same To the praeseruation vvherof as there are manie partes and branches belonginge so one principall parte ys for subiectes lovinglie ād reverētlie to honour A greate cōmoditye to the comō vvealthe to knovve the heire apparente dreade and obedientlie to serue theire Sovereigne that chauncethe presentlie to rule and governe The next to foreknovve to vvhom they shoulde beare theire alleageāce after the decesse of theirefore saide Prince and gouernour Whiche beinge ons certaine and assuredly knowen as yt procureth vvhen the time requirethe readie and seruiceable obediēce vvithe the greate comforte and vniuersall reste and quietnes of the subiects So vvhere for the saide successour
one as for the excellēte giftes of God and nature in her most princelie appearinge ys vvorthie to inherite either this noble realme or any other be yt of muche more dignitie and worthines But nowe I claime nothinge for the vvorthines of the person whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others yf moste open and manifeste right Iustice and title do not cōcurre with the worthines of the person Then lett the praise and Worthines remaine where yt ys And the right Where God and the lavve hathe placed yt But seinge God nature and the lavve dothe call the person to this expectation whose intereste and claime I do novve prosequute I meane the right excellente Ladie The Quene of Scots is the right heire apparēte to the crovvne of Englande Ladie Marie Quene of Scotlande I hope that when her right and iuste title shall be throwghlie harde and considered by the indifferente Reader yf he be persvvaded alredie for her right he shall be more firmelie setled in his trevve and good opinion and that the other parties beinge of a contrarie minde shall finde good cavvses and grovvndes to remoue them from the same and to geaue ouer and yelde to the trevvthe Her graces title then yf God call our Souereigne ovvte of this transitorie life hauinge no issue of her maiesties bodye as yt ys moste open and euidende so yt ys moste conformable to the lavve of God of nature and of this realme And consequentlie in a manner of all other realmes in the vvorlde as grovvinge by the neareste proximitie of the royall bloude She ys a kinges and a Quenes davvghter her self a Quene Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight Whose Davvghter also the ladie Lenoux ys but by a later husbande The ladie Frances late vvyfe to Henry Marques dorsett aftervvarde Duke of Suffoocke And the ladie Elenour late vvyfe to the Erle of Cumberlande and theire progenye procedethe from the ladie Marie dowager of France yongest sister of the saide kinge Henrie late vvife to Charles Brandon Duke of Suffolke I might here fetche forthe olde farne dayes I might reache backe to the noble and vvorthie kinges longe before the conqueste of vvhose royall bloude she ys discended vvhiche ys no parte of our purpose neither dothe enforce her title more then to proue her no stranger vvithin this realme But the argumentes and proufes which vve meane to alleage and bringe forthe for the confirmation of her right and title in succession as heire apparente to the crovvne of Englande are gathered and grovvnded vpon the lavves of God and nature and not onlie receaued in the ciuill pollicies of other nations but also in the olde lawes and customes of our ovvne contrey by reason approued and by vse and longe concontinevvance of time obserued from the firste constitution of this realme in politicall order vnto this presente daye And yet for all that hathe yt bene ād yet ys by some men attempted artificiallie to obiecte and caste manie mistie darke clovvdes before mēnes eyes to kepe from them yf yt maye be the cleare light of the saide iuste title the vvhiche they vvolde extingvvishe or at the leaste blemishe withe some obscure shadovve of lavve But in deede against the lavve and vvith the shadovve of parliamēts But in deede against the trewe meaninge of the pliamētes And albe it yt were inowghe for vs our cawse beinge so firmelie ād suerlie established vpō all good reason ād lawe to stande at defence and onlie to auoide as easelie vve maye theire obiections Whiche principallie and cheifelie are grovvnded vpon the common lawes and statutes of this realme yet for the betteringe ād strengtheninge of the same vve shall laye forthe sondrie greate ād inuincible reasons cōioyned vvithe good and sufficiēt aucthoritie of the lawe so approued and cōfirmed that the aduersaries shall neuer be able iustlie to impugne them And so that vve truste after the readinge of this our treatise ād the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title Whose expectatiō ād cōscience althovvghe we truste fullie in this discourse to satisfie ād doubte nothinge in the vvorlde of the rightfulnes of our cause Yet must we nedes cōfesse the māner ād forme to ētreate therof to be full of difficultie ād ꝑplexitie For suche causes of Princes as they be seldome and rare so ys yt more rare and stange to finde them discoursed discussed and determined by any lawe or statute Albe it nowe and then some statutes tende that vvaye Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente but vvith priuate mens causes And yet this not withstandinge for the better iustifiengè of our cavvse albe yt I denye not but that by the cōmon lavve yt muste be knovven vvho ovvght to haue the crovvne And that the cōmon lavve muste discerne the right aswell of the crowne as of subiects Yet I saye that there ys a greate difference betvvene the kinges right ād the right of others And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the cōmon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same The cōmō lavve of this realme ys rather groūded vpon a generall custome then any lawe written For the prouf wherof let vs consider What the comon lavve of this rerealme ys and howe the rules therof be grownded and do take place Yt ys verie manifeste and plaine that the comon lawe of this realme of Englande ys no lawe Writtē but grovvnded onlie vppō a cōmon and generall custome throvvghe ovvte the vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVLPHVS DE GLANVILLA In ꝓlogo suo e●sdē libri fol. 1. 2. Who wrote in the time of the noble kinge Henrie the secōde De dicto Ranulpbo Glanuilla vide Geraldū Cābrēsem in Topogra de vvallia of the lavve and custome of the realme of englande Beinge then and also in the time of the reigne of kinge Richarde the first the cheif counsailler and iustice of the same kinge And also by the famous Iustice Fortescue in his booke which he wrote beinge Chancellour of Englande Fortescue de laud legum Angliae ca. 17 De laudibus legum Angliae And by 33 H. 6 51. and by 8. E. 4. 19. Which custome by vsage and cōtinuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie knovven and mainteined 8. E. 4 19 33. H. 6 51 pīsōs printe Wherein we seame muche agreable to the olde lacedemoniās vvho manie hundred yeares past most politikelie and famouselie gouerned theire common
my Ladye Fraunces and my Ladie Elenour also dawghters to the Frenche Quene vvhiche ys a thinge in a manner incredible and therefore nothinge likelie I muste novve gentle reader putt the in remembrance of two other moste pregnante and notable coniectures and presumptions for amonge all other inconueniences and absurdities that doe and maye accompanye this rashe and vnaduised acte by thys pretensed vvill incōsideratelye mainteined yt ys principallie to be noted that this acte geuethe apparēte and iuste occasion of perpetuall disherison of the stile and title of Fraunce incorporated ād vnited to the crowne of this realme The supposed vvyll ys p̄iudiciall to the crowne of Englande for the clayme of the crovne of France For vvhereby do or haue the Frenche men hitherto excluded the kinges of this realme claymenge the crowne of Frāce by the title of Edvvarde the thirde fallinge vpon hym by the right of his mother then by a politike and ciuill lavve of theire ovvne that barrethe the female from the right of the crovvne And vvhat dothe this pretensed acte of kinge Henrie but iustifiethe and strengtheneth theire quarell and ouerthrowethe the fowndation and bulworke vvhereby vve mainteine our foresaide title and clayme Yf we maye by our Municipall lavve exclude the saide Quene of Scotlāde beynge called to this crovvne by the title of generall heritage Then ys theire municipall lawe likewise good and effectuall ād consequentlie we do and haue made all this while an vniuste and wrongfull clayme to the crowne of Fraunce But nowe to goe somewhat farther in the matter or rather to come nerer home and to the quicke of the matter we saye as there was some apparente ād good cause whie the kinge shoulde the twentie and eight yere of his reygne thyncke vpon some limitatiō and appointmente of the crowne kinge Edwarde as yet vnborne so after he was borne and that the title and intereste of the reuersion of the crowne after him was the thirtie and fifte yeare by parlamente confirmed to the late Quene Marie and our gratiouse Souereigne Elizabethe Yt ys not to be thowght that he wolde afterwarde ieperde so greate a matter by a testamente and vvill vvhiche maye easelie be altered and counterfeited And leaste of all make suche assignation of the crowne as ys nowe pretended For beinge a Prince of suche wisdome and experience he coulde not be ignorante that this was the nexte and redieste waye to putt the state at leaste of bothe his dawghters to greate perill and vtter disherison This supposed will geauethe occasion of ambitious aspiringe For the kinges example and boldnes in interruptinge and cuttinge awaye so manye branches of the nereste syde line might sone brede in aspiringe and ambitious hartes a bolde and wicked attempte the vvaye beinge so farre browght in and prepared to theire handes by the kinge him self and theire natures so redie and prone to followe euill presidentes and to clīme highe by some colorable meanes or other to spoile and depriue the saide dawghters of they re right of the crowne that shoulde discende and fall vpon them And to conuey the same to the heires of the saide Ladye Fraunces And did not I praye you this drifte deuise fall owre eauen so tendinge to the vtter exclusion of the late Quene Marie and our gratious Souereigne Elizabethe Yf God had not of his greate mercie moste gratiouslie and wonderfullie repressed ouerthroune the same Theis reasons then and p̄sumptions maye seame well hable sufficiēte to beare dovne to breake ād ouerthrowe the weke ād slēder p̄sumptions of the aduersaries grownded vpō vncertaine and mere surmises ghesses and cōiectures as amonge other that the kinge vvas offended vvith the Quene of Scotlāde and vvith the ladye Lenneux vvhich ys not trevve And as for the ladye Lenneux yt hathe no manner of ꝓbabilitie As yt hathe not in deede in the saide Quene And yf yt had yet yt ys as probable and muche more probable that the kinge vvolde haue especiallie at that time for suche cavvse as vve haue declared suppressed the same displeasure Graūtinge nowe that there were some suche displeasure vvas yt honorable either for the kinge or the realme or vvas yt thincke ye euer thovvght by the parliamēt that the kinge shoulde disherite them for euerie light displeasure And yf as the aduersaries confesse the kinge had no cavvse to be offended vvith the Frenche Quenes children vvhy did he disherite the Ladye Fraunces ād the Ladye Elenour also Theire other presumption vvhich they grownde vpon the auoydinge of the vncertaintie of the succession by reason of his vvill The succession to the croune ys more vncertaine by the supposed will then before ys of small force and rather turnethe againste them For yt ys so farre of that by this meanes the succession ys made more certaine and suer that contrarie vvise yt ys subiecte to more vncertentie ād to lesse suertie then before For vvhere as before the right and claime to the crovvne honge vpon ordinarie and certaine covvrse of common lavve vpon the certaine and assuerid right of the royall and vnspotted bloude Yea vpon the verie lavve of nature vvhereby manye inconueniences manye troubles dangers ād seditions are in all contreyes politikelie avoided There ys mucheforgerie and counterfeyting of testamentes So nowe dependinge vpon statute onlie yt ys as easie by an other stature to be infringed and ouerthrovvne And dependinge vpon a testamēte ys subiect to manye corruptiōs sinister dealinges cauillacions yea and iuste ouerthrovves by the dishability of the testatour vvitnesses or the legatorie him self or for lacke of dewe order to be obserued or by the deathe of the vvitnesses vnexamined ād for many other like considerations The monumentes of all antiquitie the memorie of all ages and of our ovvne age and daylie experience can tell ād shevve vs manye lamentable examples of manye a good and lavvfull testamente by vndevve and craftie meanes by false and suborned vvitnesses Valerius Maximus dedict fact lib. 9 cap. 4. by the couuetous bearinge and maintenance of suche as be in auctoritie quite vndone and ouerthrovvne Wherefore Valerius Maximus crie the owte againste M. Crassus and Q. Hortensuis lumina curiae ornamenta fori Quod scelus vindicare debuerant lucri captura inuitati suis authoritatibus texerint This presumption then of the aduersaries rather maketh for vs and ministrethe to vs good occasion to thincke that the kinge vvolde not hasarde the vveight and importance of suche a matter to reste vppon the validitie or inualiditie of a bare testamēte onlie By this that vve haue saide we maye probablely gather that the kinge had no cause to aduenture so greate an enterprise by a bare vvill and testamente Ye shall nowe heare also vvhie vve thincke he did neuer attempte or entreprise any suche thinge Yt ys vvell knowen the kinge vvas not vvonte lightlie to ouerslippe the occasion of any greate commoditie presentlie offered And yet this not vvithstādinge hauinge
regimēte ys against nature as also touchīge a brother to be chosē kinge Neither the lavve of God nor reason is against the Quene of Scottes right as the aduersaries pretend● And therfore I cōclude agaīst you that neither the lawe of God nor of nature nor yet reason vpon the vvhiche also you grownde your self do reiecte the saide Qu. marie frāche successiō of the crowne of Englande Your reason ys that where the people erecte them self an head of theire owne kinred and nation there nature assuerethe the people of naturall gouernemente And vvhere a stranger cariethe opinion of vnnaturall tyranie yt assuerethe the ruler of naturall subiectiō To a stranger ys murmorre and rebellion threatened But nowe yf this excellente Ladye and Princesse be no stranger and be of our ovvne kinred and of the aunciente and late Royall bloude of this realme as vve haue declared then ys your reason also vvith all auoided which maye and dothe oftētimes take place ī more strēgers cōminge in by violēt and forcible meanes But here as naturall a man as ye make your self ye seame to go altogether agaīst reasō and against nature also Yf Princes children vvere to be counted strangers and aliens or to be suspected as enemies and Tyrās succedinge to theire owne progenitours inheritance Yt vvas an vnnaturall parte a greate follye in the noble kinges of this and manye other realmes to geue ovvte theire dawghters to forren Princes in mariage in steade of p̄ferringe auancinge them by threire mariage procuringe therby frēdshippe and amitie with other Princes to disable theire saide children from theire auncetours inheritances in those contreyes frō vvhence they originallye proceded And as it seamethe by your kinde of reasoninge to purchasse and ꝓcure beside to them therby an opinion of ennemitie and tyranie This this I saye ys a frovvarde and an vnnaturall interpretatiō A frovvarde ād an vnnaturall interpretatiō of the aduersarie Nature mouethe and driueth vs to thincke othervvise and that bothe a a prince vvill fauour loue and cherishe the people from vvhēce he fetcheth his royall bloude and by vvhō he muste novve mainteine kepe and defende his royall estate that the people likewise will beare singuler loue and affection to suche a one especiallye of suche knovven princelye qualities as this noble Ladye is adorned with all Suerly yt ys no more vnnaturall to suche a Prince descendinge from the aunciente and late Royall bloude of the kinges of Englāde The Que. of Scottes no strāger to Englād to beare rule in Englande and as yt were to retorne to the head and fowntaine from whence originallye she sprange Then yt ys for all flouddes and riuers which as homer sayethe flowe ovvte of the greate Oceā sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21. Iliad To reuerte Ecclesiastes cap. 1. returne and reflovve againe to the sayde Ocean This coherence coniunctiō copulation inclination and fauour runinge interchangeablye betwixte suche a Prince and the people ys no more strange to nature then ys the cōiunction of the tree and the rote therof then of the fowntaine and the riuer issuenge from thence then of the sonne and the sonne beames finallie then ys the coniunction betvvixte the olde ancient louinge grād mother and her yōge and tender dawghter Neither do I well knovve howe I maye better call noble England then a louinge grandmother to this good gentle Ladie whom vve I do not dowbte yf euer God call her to the Royall seate therof shall not onlye finde a louinge ād gratiouse maistresse but a most deare ād tender good dawghter For theis and other considerations the lawes of the realme do not nor euer did estrāge suche princes from the succession of the crowne of the realme Which by reason of the saide naturall inclination and beneuolence of the one to the other standethe vvith the lawe of God nature with all good reason And therefore your cōclusiō ys againste Godes lawe nature and all good reason Whereby you full vngodlye vnnaturallie and vnreasonablie do conclude an exclusiō of the Quene of Scotlande pretendinge her to be a strāger to that right that God nature and reason and the trevve hartes of all good naturall Englishemen do call her vnto as the deare sister and heire apparente to our noble Quene Elizabethe The which her saide iuste right title and intereste we truste we haue nowe fullye proued and iustified and sufficientlie repulsed the sondrie obiections of the aduersaries And as theis beinge the principall ovvght to breade no dowbte or scruple in any man so manye other folyshe fonde and fantasticall obiections not worthye of any ansvvere that busie quarrelinge heades do caste forthe to dishable her right or to disgrace and blemishe either her honour or thys happie vnion of bothe realmes yf God shall sende yt in takinge our gratiouse Sovereigne from vs withowte issue vvhich God forbide ovvght muche lesse to move any man Whos 's maiestie God longe preserve and shylde and blesse her yf yt be hys pleasure vvith happie issue But yf yt please hym eyther to bereave vs of hyr maiestie or her maiestie of all suche issue then yet that we maye not be altogether lefte desolate confortlesse thys happye vnion vvill recōpence and supplie a greate parte of thys our distresse An happie vnion I call yt by cause yt shall not onlie take avvaye the lōge mortall enemitie The greate cōmoditie that shall come to Englande● ād Scotlāde by the vnion of thē in case this successiō chāce the deadlie hatred the most cruell sharpe vvarres that have so manie hundred yeares bene continued betwixt our neighbours the Scottes and vs but shall so entierlie consociate and conioyne and so honorablie sett forthe and aduāce vs bothe and the vvhole Ilande of Britanye as neither tōgue can expresse the greatenesse of our felicitie and happines nor harte vvishe any greater The olde enemitie hathe trodē downe kepte vs bothe vnder fote and hathe geuen occasion to the cōmon enemie as the Danes ād other to spoyle vs bothe Yt hathe caused for theis thowsande yeares and more so infinite and so ovvgelie slavvghter as it Will greaue and pittie any mans harte to remember and yet neither to the greater augmētation of our possessions at this daye nor to theire muche losse They hauinge loste nothinge of theire olde aunciente inheritāce sauinge Barwikle onlie Yf this coniunction on s happen and yf we be on s vnited and knitt together in one kingedome and dominion in one entire brotherlie love and amitie as we are alredie knit by neighbourhode by tongue and almoste by all māners fasshiōs and behaviour then will all vnnaturall and butcherlie slawgher so lōge hyther to practised cease Thē will reste quietnes welche and prosperitye encrease at home Thē will all owtewarde Princes our Frēdes reioyce and be cōforted our enemyes dreade vs. Then wyll the honour fame and maiestye of the Ilande of Albyon daylye growe more and more and her power and strēgth so greatelie encrease as to the frēde yt wil be a good shilde And to the enemye an horrible terrour The shall the owtevvarde enemye litle endomage vs. Then shall we with our children after vs reape the plea●●●te fruites of this noble coniunction wrovvght this to our hādes by Godes good and gratiouse prouidence vvithovvte expēce force or slawghter which hitherto a nōber of our covvragiouse vvise and mightie Princes haue theis thovvsande yeares and vpvvarde sovvght for but in vaine as yet vvith so excessiue charges vvithe so greate paynes vvith so manye and mayne armies and vvith the bloude of so manie of theire subiectes Then shall vve moste fortunatelie see and moste gloriouslie enioye a perfecte and entire monarchie of this I le of Britanie or Albion vnited and incorporated after a moste maruelouse sorte and in the vvorthie and excellente person of a Prince mete and capable of suche a monarchie As in vvhose person beside her vvorthie noble and princelye qualities not onlye the Royall and vnspotted bloude of the aunciente and noble kinges of Scotlande but of the Normans and of the Englishe kinges with all as well longe before as sithens the conqueste yea and of the Britaine 's also the moste aunciente inhabitans and lordes of this Ilande do wonderfullye and as yt were eauen for suche a notable purpose but the greate prouidence of God moste happelye concurre The euidente trewthe wherof the sayde Quenes petigrewe dothe moste plainelie and openlie sett forthe to everie mans sight and eye Then I saye maye this noble realme and Ilande be called not Albion onlye but rather Olbion that ys fortunate happye and blessed Whiche happye and blessed coniunction when yt chauncethe yf we vnthanckefullye refuse We refuse our healthe and welfare and Godes good blessinge vppon vs. We refuse our dewtie to God who sendethe our dewtie to the partie whom he sendethe and our dewtie to our natiue cōtrey to whom he sendethe suche a person to be our Maistresse and suche commodities and honour with all cōminge thereby as I haue sayde to whole Albion as greater we can not wishe for And finallye we procure and purchase as muche as in vs liethe suche disturbāce of the cōmon wealthe suche vexations trobles and warres as maye tēde to the vtter subuersiō of this realme From which dangers God of his greate ād vnspeakeable mercie defēde preserue vs kepe ꝓtecte defēde this realme with our noble Quene Elizabethe and the saide Ladie Marie Quene of Scotlande with the nobilitie subiectes of bothe the realmes in mutuall frendshyppe and godlie amitye with longe prosperouse estate and all good quietnes Amen FINIS Imprinted at London in Flete strete at the signe of Iustice Royal againste the Blacke bell by Eusebius Dicaeophile anno D. 1569. and are to be solde in Paules churche yearde at the signes of Tyme Truthe by the Brasen Serpēt in the shoppes of Ptolomé and Nicephore Lycosthenes brethren Germanes ❧