became I praye you of Harolde that by briberie aÌ„d helpe of his kiÌ„red vsurped the crowne against the foresaide yonge Eadgar as I haue saide aÌ„d as the olde monumeÌ„rs of our historiopraphers do plainlie testifie was the trewe aÌ„d lawful hâ—ire Cui de iure debebatÌ„ regnuÌ„ Anglo ruÌ„ Io. â—od in chronic Angliae Coulde he thincke you enioye his ambitiouse aÌ„d nawghtie vsurpinge one whole aÌ„d eÌ„tier yeare No suerlie eare the first yeare of his vsurped reigne turned aboute he was spoyled aÌ„d turned owt bothe of crovne aÌ„d †Rex Edvvardê° misit c. Vt velâ—pÌ„e Edvvardê° vel filiae eâ—ê° sibi succedereÌ„t c. Rich. Cicest vid vvil Malmesb de regi Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all FadeÌ„ verba sunt in Mat. vvestmo 1Ì„ flor hist Anâ—o 1066. Yea his vsurpatioÌ„ occasioÌ„ed the coÌ„queste of the whole realme by williaÌ„ Duke of NormaÌ„die bastarde Sonne to Roberte the sixte duke of the same And maye we thincke all saufe aÌ„d sownde nowe from like danger yf vve shoulde treade the saide vvroÌ„ge steppes vvithe Harolde forsakinge the right aÌ„d highe vvaye of lavve aÌ„d iustice What shall I nowe speake of the crevvell aÌ„d ciuill vvarres betvvene kinge Stephen and kinge HeÌ„rie the secoÌ„de Which vvarres rose by reasoÌ„ the saide HeÌ„ry vvas vniustlie kepte froÌ„ the crovne devë to his mother mavvde aÌ„d to him aftervvardes The petifull reigne of the saide IohnÌ„ vvho doth not lamente vvith the lamentable losse of Normandie Aquitanie and the possibilitie of the Dukedome of Britanie What cala mities fell to this real me by the vsurpiÌ„g of kinge Harrold K. Stephen and IohnÌ„ aÌ„d vvith the losse of our other goodlie possessions in Fraunce Wherof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur Well let vs leaue theys greauouse and lothsome remembrances and lett vs yet seake yf vve maye fynde any later interpretation either of the saide statute or rather of the coÌ„mon lavve for our purpose And lôa the greate goodnes and ê“uidence of God vvho hathe yf the foresaide exaÌ„ples wolde not serue prouided a later but so good so sure so apte and mete interpretation for our cause as any reasonable harte maye desier The interpretation directlie tovvchethe our case vvhiche I meane by the mariage of the Ladye Margaret eldest davvghter to kinge HeÌ„rie the seaveÌ„the vnto Iames the fowrthe kinge of Scotlande and by the opinion of the saide most prudente Prince in bestowinge his saide dawghter into Scotlande A matter sufficieÌ„t inoughe to ouerthrowe all those cauellinge inuentions of the aduersarie For what time kinge Iames the fowerth senâ—e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to espouse the saide Ladie Margaret Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme Kinge H. vvith his cownsaile ys a good interpÌ„tour of our present cause that did not vvell like vppon the saide mariage sayenge yt might so fall ovvte that the right aÌ„d title of the crovvne might be deuolued to the Ladie Margaret and her children And the realme thereby might be subiecte to Scotlande To the vvhich the prudente and wise kinge ansvvered that in case any suche deuolution shoulde happen yt vvolde be nothinge preiudiciall to Englande For Englande as the cheif and principall and worthieste parte of the Isle shoulde drawe Scot lande to yt as yt did Normandie from the time of the coÌ„queste vvhiche ansvvere was vvonderfullie vvell liked of all the counsaile And so coÌ„sequentlie the mariage toke effecte as appearethe by Polidor the historiogropher of this realme And suche a one as vvrote the actes of the time by the instructioÌ„ of the kinge him self I saye theÌ„ the vvise worthy SalomoÌ„ foreseinge that suche deuolutioÌ„ might happen was an interpretatour with his prudent and sage consayle for our cause for eles they neaded not to reasoÌ„ of any suche subiection to Scotlande Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of Englande For as to her husbande vve coulde not be subiecte hauinge him self no right by this mariage to the title of the crovvne of this realme Where vpon I maye well inferre that the saide nevve maxime of theis men whereby they wolde rule and ouer rule the succession of Princes was not knowen to the saide wise kinge neither to any of his counsaile Or yf yt were yet was yt taken not to reache to hys bloudd royall borne in Scotlande And so on everie side the title of Quene Marye ys assuerid So that nowe by this that we haue saide yt maye easelie be seen by what light and â—klender consideration the adversarie hathe gone abowte to straine the wordes Enfants or childreÌ„ to the first degre onlie Of the like weight ys his other consideration imageninge aÌ„d surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene As thowghe diuers kinges before him vsed not often to passe over the seas As thowghe this were a personall statute made of speciall purpose and not to be taken as a declaration of the coÌ„mon lawe Whiche to saie ys moste directlie repugnaÌ„te and contrarious to the letter of the saide statute Or as thowghe his children also did not verie often repayre to owterwarde contreies as IohnÌ„ of Gawnte Duke of Lancaster Polid Polychr Froserd that Maried Peters the kinge of castilles eldest dawghter by whose right he claimed the crovne of castill as his brother Edmunde The mariages of k. E. 3. sones Erle of camebridge that maried the yongeste dawghter as lionell Duke of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan But especiallie Prince Edwarde whiche most victoriouslie toke in battaile IohnÌ„ the Frenche kinge and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme whose eldest sonne Edwarde that died in shorte time after was borne beyonde the seas in Gascoigne and his other sonne Richarde that succeded hys grandfather was borne at Burdeauxe As theis noble kinge Edwardes sonnes Married withe forrainers So did theye giue ovvte theire dawghters in Mariage to forraine Princes As the Duke of Lancaster his dawghter Philippe to the kinge of Portingale and his dawghter Katherin to the Kinge of Spaine And his nece IohaÌ„ dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes IohaÌ„ dawghter to his brother Thâ— mas of Wodstocke Duke of GloÌ„cester was Quene of Spaine And his other dawghter Marie Duches of Bretaigne Nowe by thys mans interpretation none of the issewe of all theis noble womeÌ„ coulde have enioyed the crowne of Englande wheÌ„ yt had fallen to them thowghe they had bene of the neareste royall bloudd after the deathe of theire Auncesters Which suerlie had bene against the auncientâ— presidentes and examples that we
suche lawfull prouffe againste the saide will ê“ducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌ„de yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ„ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌ„d sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌ„ce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ê‘liameÌ„tes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ— quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌ„te maye be geaven to an acte of parliameÌ„t by hys lettres pateÌ„tes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌ„monlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌ„sumptions aÌ„d reasons agaiÌ„st the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ„ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌ„d welthe of the realme to the good coÌ„teÌ„tatioÌ„ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌ„d dishonorable sorte as ys pÌ„teÌ„ded I plainlie denie For beinge at the time of this pÌ„tensed will furnissâ—ed and adorned with issewe our late kiÌ„ge Edward aÌ„d ladie Marie late Quene aÌ„d with our graciouse souereigne Elizabeth theire state aÌ„d successioÌ„ beinge also latelie by acte of ê‘lameÌ„te established what nede or likelyhode was there for the kinge theÌ„ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌ„d fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ„ of the redd rose and the white lately by the incorporation and vnioÌ„ of the howses of yorke and Lancaster in the ê‘soÌ„ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌ„d buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌ„te yet coulde not he be ignorante that nether pÌ„liameÌ„tes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ê‘liamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌ„ded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ê‘liamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ„ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ê“cure aÌ„d purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌ„che Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌ„d afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
of this place ye have omitted Wherefore as this place servethe nothinge for any absolute electioÌ„ of a kinge the which you seame especiallie to regarde aÌ„d grownde your self vpoÌ„ so dothe yt as we have shewed as litle relieve you to prove thereby your conclusions especiallie againste the ordinarie succession either of a straÌ„ger or of a woman that ye wolde gather and coÌ„clude owte of the same Thus have we sufficientlie answered the place of Deuteronomie for this one purpose The other two aucthorities maye be muche more easelie answered The people mente nothinge else by theire sayde wordes spoken to David An anssvvere to the secoÌ„de of Samuel c. 5. but that they were of the seede of Abraham Isaac and Iacob as well as he and intended with trevve and sincere hartes vnfainedlie to agnyse him as theire cheif lorde aÌ„d Sovereigne For at that time the tribe of Iuda onlie wherof kinge Dauid came by liniall discente did acknowledge hym as kinge Novve the residevve which before helde vvith Saules sonne did also incorporate aÌ„d vnite them selues to the saide kingdome Yf this man loke well vpon the matter he shall finde I trowe that the Quene of Scottes maye aswell call her seâ—f the bones and fleshe of the noble Princes of Englande as this people call them selves the bones and fleshe of kinge Dauid But yet the greate terrible batteriÌ„ge caÌ„noÌ„ Athalia ys behiÌ„de She beinge in possessioÌ„ of the kiÌ„gdome seaueÌ„ yeares was iustlie thrust owte by cause she was an alien we maye then sayethe this man iustelye denye the Quene of Scottes before hande the right of that which yf she had in possession she coulde not iustelye enioye Yet Syr yf the Quene of Scottes be no alien as we have sayed then ys your cannon shotte more fearefull then dangerouse We denie not but that Athalia was lavvfullie deposed but we beseache you to tell vs your authours name that dothe assigne the cause to be suche as ye alleage Suerlie for my ê‘te after diligente searche I finde no suche authours Truthe yt ys that Iosephus writeth as ye do Iosep. Iud. antiq li. 9 c. 6. that she discended by the mothers side of the Tyrians and Sydonians yet never thelesse he assignethe no suche cause as ye do And as ye are in this your pretie poisoned pamflett the firste I trowe of all christian men I Will not excepte eyther latine or greke vnlesse yt be some fantastycall fonde and newe vpstarte Doctours as Maistre Knoxe or some the like neyther Iewe Chaldyan nor Arabyan that hathe thus strangelye glosed and deformed this place of the holie scripture againste the ordinarie succeffion of vvomen Princes so are you firste also A nevve fovnde aÌ„d mad inter pretation who ys an alieÌ„ made by the aduersarie of all either deuines or lawiers throughe owte the world that hathe sett forthe this newe fownde folishe lavve that the kinges childe muste be counted an AlieÌ„ vvhose father and mother are not of the same and one coÌ„trey Yf the Frenche or Spanishe kinge chance to marrye an Englishe vvoman or the kinge of Englande to marrie a freÌ„che a Spanishe or any other coÌ„trey woman theire children by this newe Lycurgus are Aliens aÌ„d so coÌ„sequentlie in all other nations all suche as haue bene shal be aliens by this your newe oracle For vvhat other cause shewe you that this Athalia was an alien but by cause her mother vvas an alien Genus ducens Iosep. li. 9. cap. 7. say you a Tyrijs Sidonijs coÌ„minge by liniall discente by the mothers side from the Tyrians and Sydonians Kinge Achas maried her mother dawghter to Ithoball kinge of the saide Tyrians and Sydonians This Athalia vvhom Iosephus callethe Gotholia Achas dawghter married Ioram kinge of Iuda her brother called also Ioram beynge kinge of Israël after the decease of his father Achas Athalia was no alieÌ„ amoÌ„ge the Iewes So then ye see that this Athalia vvas no more an aliâ—n amoÌ„ge the Iewes then kinge Edbaldus was the sonne of Bertha a Frenche womaÌ„ and of kinge Ethelbertus the firste christian kinge of the Englishe nation No more then vvas the noble kiÌ„ge Edward the thyrde borne of a Frenche vvoman No more then Quene Marie vvas No more then shoulde haue bene the issewe of the saide Quene Marie or our gratious Souereignes issewe shulde be in case she maried with any forren PriÌ„ce I ê‘ceaue that your fellowes that wolde faine make kinge Shephen and kinge Henrie the seconde and Arthure nephewe to kinge Richarde the firste aliens had but rude dull and grosse heades in comparisoÌ„ of your fine subtile and highe fetches Yf I shoulde nowe desire your patience not withstandinge the allegatioÌ„s of all your diuinitie to be conteÌ„te a while and towchinge this matter to hearken to the moste excellente ciuilian Vlpian thowghe he were an Ethnick ye wolde parchance make litle accompte of him and be angrye withe me for producinge a prophane witnes against you And yet trewlye in this I offerre neither to you nor yet to godes holye vvorde any iniurie in the vvorlde For Christe his highe and deuine doctrine dothe not subuerte nor impugne humane oâ— ciuill policie beynge not repugnaÌ„te to his expresse worde wyll Let vs then heare whoÌ„ the saide Vlpian maketh an Alien Who is an alieÌ„ by Vlpian whoÌ„ he definethe to be an Alien He ys a Campane sayethe this Vlpian that ys borne of father and mother beinge Campanes Yea yf his father be a Campane and his mother be a Puteolane yet ys the childe a citezin or burgesse of Campanie And then he shewethe farther that in some contreyes as amonge the Ilians the Delphians and them of Pontus the childe shal be cownted to be origiginallye of the mothers and not of the fathers contreye His wordes in latine as he wrote them are theis L. 1. ff ad muni c. 1. pec Qui ex duobus Campanis parentibus natus est Campanus est Sed si ex patre Campano matre Puteolana aequè municeps Campanus est nisi forte priuilegio aliquo materna origo censeatur tunc enim maternae originis erit municeps vtopte Iliensibus concessum est vt qui matre Iliensi est sit eorum municeps Etiam Delphis hoc idem tributum conseruatum est Celsus etiaÌ„ refert ponticis ex beneficio Pompeij Magni compepetere vt qui PoÌ„tica matre natus esset Poticus esset Whiche his sayenge ys directe against you for this your strange declaration of Alienigenâ— an alien Well yf neither the declaration of Vlpian nor yet the practise of the worlde most conformable also to reason nor any thinge else will satisfie you vnlesse yt be deriued and taken owte of holye scripture we are coÌ„tente to ioyne issewe with you aÌ„d to be tried by the same onlye Matt. 1. Iosue 6. Christe came liniallie of Booz whoÌ„ SalmoÌ„ begatt of Raab as the moste coÌ„mon opinion of writers ys that
that yt was never taken to exteÌ„de vnto the crovne of this realme of EnglaÌ„de as yt maie appeare by kinge StepheÌ„ by kinge HeÌ„rie the secoÌ„de who were both straÌ„gers FreÌ„ch meÌ„ And borne oute of the kiÌ„ges allegiaÌ„ce and neither vvere they the kinges children immediate nor theire pareÌ„tes of the allegiance And yet they haue bene alwayes accompted lawfull kinges of Englande nor theire title vvas by any man at any time defaced or comptrolled for any suche consideration or exceptioÌ„ of forren birthe And yt ys a worlde to see hovve you vvolde shifte your handes from the saide kinge Henrie Ye saie he came not to the crovne by order of the lavve The aduersaries obiectioÌ„ tovchinge kinge H. 2. avoided but by capitulatioÌ„ or agrement for as muche as his mother by whome he conveied hys title vvas then livinge Well admitt that he came to the crowne by capitulation duringe his mothers life Yet this dothe not proue that he vvas dishabled to receaue the crovvne but rather proveth his abilitie And althovvghe I did also admitt that he had not the crovvne by order of the lavve duringe his mothers life yet after his mothers deathe no man hathe hytherto dovvbted but that he vvas kinge by lavvfull succession and not againste the lavves and customes of this realme For so might you putt a dovvbte in all the kinges of this realme that ever gouerned sithens and driue vs to seake heires in Scotlande or elles where whiche thinge we suppose you are over vvise to goo abowte Besides this I haue harde some of the adversaries for farther helpe of theire intention in this matter saie that kinge Henrie the seconde vvas a Quenes childe and so kinge by the rule of the common lavve Trevvlie I knovve he vvas an Empresse childe but no Quene of Englandes childe For althovvghe Mavvde the Empresse his mother had a right and a good title to the crovvne and to be Quene of EnglaÌ„de Yet vvas she never in possessioÌ„ but kept from the possession by kinge Stephen And therefore kinge Henrye the seconde can not iustlie be saide to be a Quene of Englandes childe nor yet any kinges childe vnlesse ye wolde intende the kinges children by the wordes of infantes de Roy c. to be children of farder degree aÌ„d discended fom the right line of the kinge so ye might saie trevvlie that he vvas the childe of kinge Henrye the firste beinge indede the soÌ„ne and heire of Mavvde the Empresse davvghter and heire of kinge Henrie the firste As tovvchiÌ„ge Arthure kiÌ„ge Richardes nephewe Whereby your saide rule ys here fovvlie foiled And therefore ye Wolde faine for the maintenance of your pretensed maxime catche some holde vppoÌ„ Arthure the sonne of Ieffrey one of the sonnes of the saide Henrie the seconde Vt autem pax ista summa dilectio tam multiplici q arctiori viÌ„culo coÌ„nectaâ— pÌ„dictiscuriae vestriae magnatibê° id ex ê‘te vrÌ„a tractaÌ„tibê° dnÌ„odisponeÌ„te condiximê° intet Arthurum egregiuÌ„ ducem Britanniae nepoteÌ„ nostruÌ„ heredeÌ„ fi fortè sine ê“le obire nos coÌ„â—gerit filiaÌ„ vestraÌ„ matrimoniuÌ„ coÌ„trahenduÌ„ c. Ye saye then like a good and iolie antiquarie that he vvas reiected from the crovvne by cause he vvas borne ovvte of the realme That he vvas borne ovvte of the realme ys verie trevve but that he was reiected from the crovvne for that cause yt ys verie false Neither haue you any aucthoritie to proue your vaine opinion in this pointe For yt ys to be ê“ued by the cronicles of this realme that kinge Richarde the first vncle vnto the saide Arthure takinge his iorney tovvarde HierusaleÌ„ declared the saide Arthur as vve haue shevved before to be heire apparente * In tractatu pacis inter Rich. 1. TancreduÌ„ RegeÌ„ Siciliae vid. Rog. Hoâ—enden Richar. canonicuÌ„ sancta Trinitatis Londini vnto the crowne Whiche vvolde not haue bene yf he had bene taken to be vnhable to receaue the crowne by reasoÌ„ of foreÌ„ birthe And althovvghe kinge Iohan did vsurpe aswell vpoÌ„ the saide kinge Richarde the firste his eldest brother as also vpon the saide Arthur his nephevve yet that ys no proof that he vvas reiected by cause he vvas borne owte of the realme Yf ye colde proue that then had ye shewed some reason and presidente to proue your intente Whereas hitherto you haue sheued none at all nor I am Well assured shall euer be able to shevve Thus maye ye se geÌ„tle reader that neither this pretensed maxime of the lavve sett forthe by the aduersaries nor a greate noÌ„ber more as generall as this ys which before I haue sheued can by anye resonable meanes be stretched to biÌ„de the crovvne of EnglaÌ„de Theis reasons aÌ„d auctorities maye for this time suffice to ê“ue that the crowne of this realme ys not subiecte to the rules and the principles of the common lavve neither can be ruled and tried by the same Whiche thinge beinge trevve all the obiections of the aduersaries made against the title of Marie the Quene of Scotlande to the successioÌ„ of the crovvne of this realme are fullie ansvvered and thereby clierlie vviped avvaye Yet for farther argumentes sake and to the ende vve might haue all matters sifted to the vttermoste and therby all thinges made plaine Let vs for this time some vvhat yelde vnto the aduersaries admittinge that the title of the crovvne of this realme vvere to be examined and tried by the rules and principles of the common lavve aÌ„d then lett vs consider and examine farther whether there be any rule of the common lavve or elles statute that by good and iuste construction can seame to impugne the saide title of Marie the Quene of Scotlande or no. For tovvchinge her lineall descente from kinge Henrye the seauenthe and by his eldeste davvghter as we haue shevved there ys no man so impudeÌ„te to denie yt What ys there then to be obiected Amonge all the rules maximes aÌ„d iudgementes of the common lavve of this realme onlie one rule as a generall maxime ys obiected against her And yet the same rule ys so vntrevvlie sert forthe that I can not vvell agree that yt ys any rule or maxime of the comon lawe of this realme of Englande Your preteÌ„sed Maxime ys who soeuer ys borne ovvte of the realme of Englande A false maxime set forthe by the aduersarie and of father aÌ„d mother not beinge vnder the obedience of the kinge of Englande can not be capable to inheriteany thinge in EnglaÌ„de vvhich rule ys nothinge trevve but altogether false For euerie stranger and alien ys able to purchasse the inheritance of landes vvithin this realme as yt maye appeare in 7 7. E. 4. fol. 28. 9. E. 4. fo 5. 11. H. 4. fol. 25. 14. H. 4. f. 10. 9 of kinge Edvvarde the fovvrthe And also in 11 14 of kinge Henrie the fovvrthe And altovvghe the same purchasse ys of some men accompted to be to the vse of
the kiÌ„ge Yet vntill suche time as the Kinge be intitled ther vnto by matter of recorde the inheritance remaynethe in the alien by the opinioÌ„ of all men And so ys a verie alien capable of inheritance within this realme And then it muste nedes fall ovvte plainlie that your generall maxime vvhere vpon you haue talked and braged so muche ys novve become no rule of the common lavve of this realme And yf it be so then haue you vttered very many vvordes to small purpose But yet let vs see farther vvhether there be any rule or maxime in the coÌ„mon lavve that maye seame any thinge like to that rule Whervpon any matter maie be gathered against the title of the saide Marie Quene of Scotland There ys one rule of the coÌ„mon lavve in vvordes somevvhat like vnto that vvhiche hathe bene alleaged by the aduersaries Whiche rule ys sett forthe and declared by a statute made An. 25. of Kinge Edwarde the thirde Whiche statute recitinge the dovvbte that then vvas Whether infantes borne ovvte of the allegiance of Englande shoulde be able to demaunde any heritage vvithin the same allegiaÌ„ce or no Yt vvas by the same statute ordained that all Infantes inheritours Whiche after that time shoulde be borne owte of the allegiance of the kinge whose father and mother at the time of theire birthe were of the faithe and allegiance of the kinge of Englande shoulde haue and enioye the same benefittes and aduantages to haue aÌ„d carrie heritage within the saide allegiance as other heires shoulde Where vpon yt ys to be gathered by dewe and iuste construction of the statute and so hathe bene heretofore coÌ„monlie taken that the common lawe alwayes was and yet ys that no person borne owte of the allegiance of the kinge of Englande whose father and mother were not of the same allegiance shoulde be able to haue or demaunde any heritage within the same allegiance as heire to any person Whiche rule I take to be the same supposed maxime whiche the adâ—saries do meane But to stretche yt generallie to all inheritances as the aduersaries wolde seame to do by anie reasonable meanes caÌ„ not be The statute of Edvvard 3. anno 25. touchethe inheritaÌ„ce and not purchasse For as I haue saied before euery straÌ„ger and alien borne maye haue and take inheritance as a purchasâ—er And if an alien do marrie a woman inheritable the inheritance therby ys bothe in the alien and also in his wife And the alien therby a purchasâ—er No man dowbteth but that a denizen maye purchasse landes to his owne vse 11. H. 4. fol. 25. but to inherite landes as heire to any person vvith in the allegiance of Englande he can not by any meanes So that yt seamethe verie plaine that the saide rule bindethe also denizens and dothe onlie extende to discentes of inheritance and not to the hauinge of anie landes by purchasse Nowe will we then consider whether this rule by any reasonable coÌ„struction can extende vnto the ladie Marie the Quene of Scotlande for and concerninge her title to the crowne of EnglaÌ„d Yt hathe bene sayed by the aduersaries that she was borne in Scotlande whiche realme ys owte of the allegiance of Englande her father and mother not beinge of the same allegiance And therefore by the saide rule she ys not inheritable to the crowne of this realme Althowghe I might at the begininge verie vvell and orderlie denie the consequente of your argumente yet for this time we will firste examine the antecedente whether yt be trewe or no And then consider vpon the consequenâ—e That the Quene of Scotlande was borne in Scotlande Scotlande ys within the allegiaÌ„ce of Englande yt must nedes be graunted but that Scotlande ys owte of the allegiaÌ„ce of EnglaÌ„de thowghe the saide Quene of Scotlande and all her subiectes of Scotlande vvill stovvtely affirme the same yet there are a greate nomber of men in Englande both learned and others that be not of that opinion beinge ledd and persvvaded there vnto by diuers histories registers recordes aÌ„d instrumeÌ„tes of homage remaininge in the treasurie of this realme Wherin ys mentioned that the kinges of Scotlande haue acknovvledged the kinge of Englande to be the superiour lorde ouer the realme of Scotlande and haue done homage aÌ„d fealtie for the same Which thinge beinge trevve not vvithe standinge yt be comonlie denied by all Scottes men then by the lavves of this realme Scotlande muste nedes be accompted to be vvith in the allegiance of Englande And altowghe sins the time of kinge Henrie the sixt none of the kinges of ScotlaÌ„de haue done the saide seruice vnto the kinges of Englande Yet that ys no reason in our lavve to saye that therefore the realme of Scotlande at the time of the birthe of the saide Ladye Marie Quene of Scotlande beinge in the thirtie and fovverthe yeare of the reigne of our late Souereigne lorde kinge Henrie the eight vvas ovvte of the allegiance of the kinges of Englande For the lavve of this realme ys verie plaine that thovvghe the tenaunte do not his seruice vnto the lorde yet hathe not the lorde therby lost his seigneurie for the lande still remainethe within his fee and seigneurie that not with standinge The lorde losethe not his sâ—igniâ—rie though the tenaÌ„te dothe not his seruice But paraduenture some vvill obiecte and saye that by that reason FraÌ„ce shoulde likevvise be sayed to be with in the allegiance of Englande for as muche as the possession of the crovvne of France hathe bene vvithin a litle more then the space of one hundred yeares novve laste paste lavvfullie vested in the kinges of EnglaÌ„d Whose right and title still remainethe in the Quenes maiestie that novve ys To that there ys a greate difference betvvene the right and title vvhiche our Souereigne ladie claimethe to the realme of France aÌ„d the right and title vvhiche her highnes claimethe to the realme of ScotlaÌ„d Althowghe yt be trevve that the kinge of Englande hathe bene lavvfullie possessed of the crowne of France vvhose right and title by iuste and lavvfull succession ys deuolued vnto our saide Souereigne ladie Yet duringe suche time as her highnes by vsurpation of other ys dispossessed of the saide realme of France the same realme by no meanes can be saide to be with in her highnes allegeaÌ„ce especiallie coÌ„sideringe howe that sins the time of vsurpation the people of France haue wholie forsaken theire allegeance and subiection whiche they did owe vnto the kinges of EnglaÌ„de And haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the realme of Scotlande yt ys oterwise For the title which our Souereigne Ladie and Quene and her ê“genitours haue claimed vnto the realme of ScotlaÌ„de ys not in the possession of the lande and crowne of Scotlande but onlie vnto the seruice of homage and fealtie for the same And althowghe the kinges of Scotlande sithe the time of kinge Henrie the eight haue intermitted to
magis Beside that I wolde faine knowe by what reason might a man saie that they of the kinges bloudd borne owte of the allegiance of Englande maye inherite laÌ„des with in this realme as heires vnto theire Auncetours not beinge able to inherite the crowne Trewelie in myne opinion yt were against all reason But on the coÌ„trarie side the verye force of reasoÌ„ muste driue vs to grauÌ„te the like Yea more greate aÌ„d ample priuilege and benefitt of the lawe in the successioÌ„ of the crowne For the royall bloude where soeuer yt be fownde The royall bloud bearethe hys honour withe yt wheresoeuer yt be will be taken as a praecious and singuler Iewell and will carrye with yt his worthie estimation aÌ„d honour with the people and where yt ys dewe his right with all By the ciuill lawe the right of the inheritance of priuate persons ys hemmed and ynched with in the baÌ„des of the tenthe degree Vide Ant. CorsetuÌ„ de potest excell regia q. 106 The bloude royall ronnethe a farther race and so farther race aÌ„d so farre as yt maye be fownde where withe the greate aÌ„d mightie coÌ„querers are gladde and fayne to ioyne with all euer fearinge the weaknes of theire bloudie sworde CoÌ„querers gladde to ioynewith the royall bloude in respecte of the greate streÌ„gth and force of the same For this cause was Henrie the firste called for his learninge aÌ„d wisdome Beauclerke gladde to consociate and cupple him selfe with the Auncient royall bloude of the Saxones Henrie the first which coÌ„tinewinge in the princely successioÌ„ from worthy kinge Alured was cutt of by the deathe of the good kinge Edwarde And by the marienge of Mathildis beinge in the fowrthe degree in liniaâ—l discente to the saide kinge Edwarde Was reuiued and revnited From this Edvvarde the Quene of Scottes as vve haue before shewed takethe her noble anciente petigrevve Theis then and diuers other reasons cavses moo maie be alleaged for the vvayeÌ„ge aÌ„d settiÌ„ge forthe of the trevve meaniÌ„ge inteÌ„te of the saide l. vve Novve in case theis tvvo cavses coÌ„sideratioÌ„s vvill not satisfie the adversarie We will adioyne ther vnto a thirde Whiâ—he he shall never by any good honeste shifte avoide And that ys the vse aÌ„d practise of the realme aswell in the time foregoinge the saide statute as after vvarde We stande vpon the interpretatioÌ„ of the coÌ„mon lavve recited declared by the saide statute And hovve shall vve better vnderstaÌ„de vvhat the lavve ys therin l. fi ff de le theÌ„ by the vse and practise of the saide lavve CoÌ„moÌ„ vse aÌ„d practise the beste interpretation of the lavve For the beste interpÌ„tatioÌ„ of the lawe ys custome But the realme before this statute admitted to the crovvne not onlie kinges children and others of the first degree but also of a farther degree And suche as vvere plainely borne ovvte of the kinges allegiaÌ„ce The foresaide vse and practise appearetheâ— EodeÌ„ Anno Rex cuÌ„ in diebus suis ê“cessissâ—â— AeldreduÌ„ VigornieÌ„sem EpÌ„um ad regem Hungar. traÌ„smitteÌ„s reuocauit inde filiuÌ„ fâ—is sui EdmuÌ„di Edvvardum cuÌ„ tota familia sua vt vel â—pse vel filij eiê° sibi succederent in regnum Flor. â—ist An. 1057 â–ª Flor. hist. 1066. vell before as sithens the time me of the conqueste Amonge other kinge Edvvarde the coÌ„fessour beinge destitute of a lavvfull heire vvith in this realme sent iÌ„to HuÌ„garie for Edward his nepheve surnamed Owtlavve sonne to kinge Edmunde called IroÌ„side after many yeares of his exile to retorne into EnglaÌ„de to the intente the saide Ovvtlavve shoulde inherite this realme which neverthelesse came not to effecte by reason the saide Ovvtlavve died before the saide kinge Edward his vncle After vvhose deathe the saide kinge appointed Eadger EtheliÌ„ge soÌ„ne of the saide Ovvtlavve beiÌ„ge his nexte cosen aÌ„d heire as he vvas of right to the crovvne of EnglaÌ„de And for that the saide Eadgar vvas then but of yoÌ„ge and reÌ„der yeares aÌ„d not able to take vpoÌ„ him so greate a gouernemente the saide kinge coÌ„mitted the protection asvvell of the yonge PriÌ„ce as also of the realme to Harold Earle of kente vntill suche time as the saide Eadger had obteined perfecte age to be able to Weilde the state of a kinge Aelred RhievaleÌ„s de regib Which Harolde neverthelesse coÌ„trarie to the truste supplaÌ„ted the saide yoÌ„ge Prince of the kingdome Anglor ad regem Henr. 2. aÌ„d putt the crovne vpoÌ„ his owe head By this yt ys apparante that forrain birthe was not accompted of before the time of the coÌ„queste a iuste cause to repell and reiecte any man beinge of the nexte proximitie in bloude from the title of the crowne And thowghe the saide kinge Edwarde the confessors will aÌ„d purpose toke not suche force aÌ„d effecte as he desidered and the lawe craued yet the like successioÌ„ toke place effectuouslie in kinge StepheÌ„ and kinge Henrie the seconde Kinge Stephen and k. H. 2. as we haue alredie declared Neither will the aduersaries shifte of forriners borne of father and mother which be not of the kinges alleageance helpe him For as muche as this clawse of the saide statute ys not to be applied to the kinges childreÌ„ The adâ—er saries seamed by imaginatioÌ„ that kinge HeÌ„ry the 2 shouldecome to the crowne by compositioÌ„ aÌ„d not by ê“ximitie of bloudâ— but to others as appearethe in the same statute And theis two kinges Stephen and Henrie the seconde as they vvere borne in a forraine place so theire fathers and mothers vvere not of the kinges alleageance but mere aliens and strangers And hovve fonde notoriouse a vaine thinge yt ys that the aduersarie vvolde persvvade vs that the saide kinge Henrie the secoÌ„de rather came in by force of a composition then by the proximitie and nearenes of bloude I leaue yt to everie man to consider that hath any manner of fealinge in the discourse of the stories of this realme The composition did procure him quietnes aÌ„d reste for the time vvith a good and suer hope of quiet aÌ„d peaceable entraÌ„ce also after the death of kinge StepheÌ„ And so yt follovved in * Rex Stepha nê° cuÌ„ hereâ—â— viduatuspÌ„ter solummodo duceÌ„ HenricuÌ„ recogâ—ouit in coÌ„ueÌ„tu â—piscopoâ—uÌ„ alioruÌ„ de regno optimatuÌ„ ê™ dux HeÌ„ ius hereditariuÌ„ in regnuÌ„ Angliae habebat dux benigne concâ—ssit vt Rex Stephanus tota vita sua suuÌ„regnuÌ„ pacifice possideret â—ta tameÌ„ coÌ„firmatuÌ„ est pactuÌ„ qd ipse rex ipsi tune pÌ„seÌ„tes cuÌ„ caeterisregni optimatibus iurareÌ„t qd dux H. post morteÌ„ regis 〈◊〉 superuiueret reguuÌ„ fine aliqua contradictione obtineret deede but there grevve to him no more right thereby theÌ„ was duë to him before for he was the trewe heire to the crowne as appearethe by Stephen his aduersaries ovvne confession Henrie the firste married his davvghter Mathildie to Henrie the Emperour by vvhom he had no children
And no dovvbte in case she had any children by the Emperour they shoud haue bene heires by succession to the crovvne of EnglaÌ„de After vvhose deathe she retorned to her father yet did kinge HeÌ„ry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene olid and after her her children Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne Erle of Anievve vvho begart of her this Henrie the seconde beinge in France Where vpoÌ„ the saide kinge did reuiue aÌ„d renevve the like othe of allegeaÌ„ce asvvell to her as to her sonne after her Withe the like false persvvasion the aduersarie abusethe him The like foÌ„de imagination to vvchyngeâ—k Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie nephewe to kinge Richarde the firste As thowghe for sowthe he were iustlie excluded by kinge IohnÌ„ his vncle by cause he was a forrainer borne Flores historiarum an 1153. Yf he had sayed that he was excluded by reason the vncle owght to be preferred before the nephevve thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme as maye vvell appeare amoÌ„ge other thinges by kinge Richard the secoÌ„d who succeded his grandfather kinge Edwarde the thirde which Richarde had diâ—ers worthy aÌ„d noble vncles who neither for lacke of knowledge coulde be ignoraÌ„te of their right Diuersitie of opinioÌ„s towchinge the vncle aÌ„d nephewe whether of them ovvght to be preferred in the royall gouernemeÌ„t neither for lacke of Frendes cowrage aÌ„d power be enforced to forbeare to chaleÌ„ge theire title aÌ„d intereste yet shoulde he haue had some countenance of reason aÌ„d ê“babilitye by cause many argumeÌ„tes aÌ„d the authoritie of many learned aÌ„d notable ciuiliaÌ„s do coÌ„curre for the vncles right before the nephewe But to make the place of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude Polid. yt seameth to haue but a weake and slender holde and grovvnde And in our case yt ys a moste vnsure and false grownde seinge yt ys moste trewe that kinge Richarde the firste as vwe haue saide declared the saide Arthur borne in Britanye and not sonne of a kinge but his brother Geffreys sonne Duke of Britanye heire apparente Flores his an 1190. his vncle IohnÌ„ yet liuinge and for suche a one ys he taken in all our stories and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe Neither vvas kinge IohnÌ„ taken for other then for an vsurper by excludinge him The possessioÌ„s of the crowne of â—nglands that were beyoÌ„de the seas seased into the Frenche kiÌ„gs handes for the murther of Arthur and aftervvarde for a murtherer for imprisoninge him and priuelie makinge him avvaye For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande as forfeited to him beinge the cheif lorde By this ovvtragiouse deede of kinge IohnÌ„ vve loste Normandie vvith all and our possibilitie to the inheritance of all Britanie the right and title to the saide Britanie beinge devve to the saide Arthur and his heires by the right of his mother Constance And thovvghe the saide kinge IohnÌ„ by the practise and ambitioÌ„ of Quene Elenour hys mother aÌ„d by the speciall procuremente of Huberte then Archbusshoppe of Caunterburie and of some other factious persons in Englande preven tid the saide Arthur his nephewe as yt was easie for hym to do havinge gotten into his handes all hys brother Richardes treasure besides many other rentes then in Englande And the saide Arthur beinge an enfante and remayninge beyonde the sea in the custodie of the saide Constance Yet of this facte beinge againste all iustice aswell the saide Archebusshoppe as also manie of the other did after moste earnestlie repente consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur procured Polid. lib. 15. Flor. histor an 1208. and after some authours comytted by the saide IohnÌ„ hym self which moste fowle and shamefull acte the saide IohnÌ„ neaded not to have comitted yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of EnglaÌ„de And muche lesse to have imprisoned that moste innocente ladie Elenour Sister to the saide Arâ—hur in Bristowe castle where she miserablie ended her life Yf that gaâ—e Maxime wolde have serued to have excluded theis two children by cawse theye were straÌ„gers borne in the parteis beyonde the seas Yea yt appearethe in other doinges also of the saide time and by the storie of the saide IohnÌ„ that the birthe owte of the legeance of Englande by father aÌ„d mother forraine was not taken for a sufficient repulse and reiection to the right and title of the crowne For the Barones of EnglaÌ„de beinge then at dissention with the saide kinge IohnÌ„ renowncinge their allegeance to hym receaued Lewes the eldeste Sonne of Phillippe the frenche kinge to be theire kinge in the right of Blanche his wife which was a stranger borne Albeit the lawfullnece of the saide Richard and dawghter to AlphoÌ„s kinge of castill begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde and sister to the saide kinge Richarde and kinge IohnÌ„ Whiche storie I alleage onlie to this purpose thereby to gather the opinion of the time * Levves the fraÌ„che kinges sonne claimed the crovne of this realme iÌ„ the title of his vvife that forraine birthe was then thowght no barre in the title of the crowne For otherwise howe coulde Lewes of France †Pro here ditatevxoris iâ—re scilicet neptis Reg Io. vsque â—d mortem 〈◊〉 necessitas exigeret decertabâ— pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine Theis exaÌ„ples are sufficieÌ„te I suppose to satisfie and contente any man that ys not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations Flores histo An. 1216. or otherwise worse depâ—aued for a good suer aÌ„d substanciall interpÌ„tation of the coÌ„mon lawe And yt were not altogether froÌ„ the purpose here to coÌ„sider aÌ„d weighe with what aÌ„d howe greauouse plagues this realme hath bene ofte afflicted aÌ„d scowrged by reason of wroÌ„gfull aÌ„d vsurped titles I will not reuiue by odiouse rehearshall the greatnes aÌ„d noÌ„ber of the same plagues aswell otherwise as especiallie by the contentioÌ„ of the noble howses aÌ„d famelies of yorke aÌ„d LaÌ„caster â–ª Seinge yt ys so fortunatelie and almoste with in maÌ„s remeÌ„braÌ„ce extiÌ„ctâ— aÌ„d buried Haroldê° muneribê° genore fretê° regni diadema inuasit HeÌ„r Hunt histâ— Angliae li. 6. I will nowe putt the gentle Reader in remeÌ„braÌ„ce of those onlie with whose vsurpinge titles we are nowe pÌ„sentlie in haÌ„de And to begiÌ„ne with the moste auncient Cui regnum iure hereditario debebatur Ealredus Rieuall in hist. R. Angl. ad H. 2. what
fauour and preferre Princes causes with singuler priuileges aÌ„d prerogatiues ye haue novve espied ovvte a nevve lavve Whereby princes shall haue and enioye lesse benefitts and praeminences in theire ovvne defence then other priuate persons We saye that for theis and manye other good and necessarie considerations all ys voide that ye haue busied your selues abovvte We saye that all your doings ovvght to be remoued reuersed and clearelie annulled and the Quene wroÌ„gfullie by you displaced to be restored to her seate aÌ„d former dignitie aÌ„d honour Then lett the whole matter be yf there be iuste cause before competente and mete iudges to sitt vppoÌ„ a Prince iustelie and orderlie hearde and determined For as for you especiallie the Erle Murraye and Morâ—ton ye are to be charged and chalenged beside all other iuste exceptions eauen as the principall inueÌ„tours maintenours and workers of this shamefull and cruell murther for the vvhiche ye haue made all this hurlie burlie And as I maye saye stirred heauen and earthe againste your ovvne verie naturall Prince Neither maye the lorde Lindzaye be hearde or suffered to intermedle against her yf lavve take place for diuers his demerites Amonge vvhiche he standethe charged asvvell for that he vvas one of the cheif instruments in the slavvghter of the Quenes Secretorie Dauid As also in the appreheÌ„dinge and imprisoninge of her grace But I muche muse and meruaile hovve the Busshoppe of Orkney for shame coulde so presumptiouslie and heinouslie inueighe and declaime before the Quene of Englande and her coÌ„missioners against his maistresse pretensed mariage vvithe the Erle Bothvvell sayenge that he him self did celebrate the solemnitie therof Who also vvas your onlie busshoppe that vvas presente at the coronatioÌ„ of your nevve erected kynge A man moste apte and redye to serue all vvorlds and turnes Againe you the Erle Morton besids the murther of the Quenes Secretorie and of the lorde Darley her husbande there are manye iuste exceptions and chalenges to be layed and taken asvveell of other misdoings as of manifolde and apparente treasons vvhiche ye seame to haue sucked vvithe your mothers milke Ye haue bene a traytour so often times to your Prince and Souereigne ExceptioÌ„s most iust agaiÌ„st the Quenes accusers but especiallye agaiÌ„st the Erle Murraye But the Erle Murraye yt ys vvhome aboue all other We haue to charge and burden His base natiuitie his baser conditions the notable sayenge of the foresay de Cassius cui bono The trade of all his former lif vvill muche staine aÌ„d presse him yf vve do vvell vveyghe and marke the vveyghtie presumptions that be euidente and plaine against him I vvill make my begininge vvithe the greate and vnnaturall vnkindenes aÌ„d ingratitude by him shewed to his deare sister and his louinge aÌ„d moste bountefull maistresse and Souereigne At what time she miÌ„ded after the deathe of her firste husbaÌ„de the Frenche kinge to repaire into her ovvne realme of ScotlaÌ„de The greate benefitts employed by the Quene vppon the sayde Erle she sent forthwithe for him into France aÌ„d vsed his aduise aÌ„d counsaile in all her affaires eauen as she did also after her retorne into Scotlande So farre that she had but as yt vvere the name and callinge he bearinge the verye swaie of the regimente by her intituled to and honored and adorned vvith the erledome of Murraie and at lengthe by one meanes or other furnished with so greate and ample possessions that beside other coÌ„modities and aduauntages the yearelie reÌ„te therof passethe and surmonthe the some of tvveÌ„tie sixe thovvsande povvnds after the rate of theire monoye Beholde novve the thanckfulnes of hys good and gratefull nature He labored endevored all that he possible coulde to vvith holde the Quenes minde aÌ„d staie her from all manner of mariage and to entaile the crovvne of the realme vnto him self He vvent abovvte to entaile the crovvne of the realme to hym self and the Stewards tho vvghe he were illegitimate aÌ„d vncapable therof aÌ„d to the name and bloud of the Stevvards But when he savve and throvvghlie perceaued and vvell knevve that the Quene vvas fullie minded and earnestly beÌ„t aÌ„d had novve determined to ioine her self in mariage vvithe the lorde Darley he practised meanes by his assistance and procurements to haue slaine hym his father and to haue imprisoned her at lochleuen And to haue vsurped the gouernemente hym self as he novve dothe But novve when he sawe this hys intente and purpose disclosed and prevented and that the soleÌ„nization of the mariage was alredie paste His rebellioÌ„ against the Quen he shevved him self with his adherents in open felde and in armes against the Quene hys Maistresse Where vpon he vvas driven to flie into EnglaÌ„de At whiche hys there abode he instantlie solicited and besowght the Quene of Englande for aide against his Souereigne Whiche she worthelie denied hym Then begane he to practise with the Erle Morton by hys lettres and messeÌ„gers abowte the detestable slavvghter of Dauid the Quenes Secretarie Who by theire mischevouse sleights and craftie perswasions enduced the lorde Darley promisinge hym to remove the Quene from the medlinge vvith all politike affaires and actuallie to putt hym in possession of the crowne and of the rule and gouernemente of the Whole realme to ioigne vvithe them in this traiterouse conspiracie His coÌ„spiracie with them that slevve the Secretarie Dauid against the Quene hys most deare and lovinge vvife and most dreade Sovereigne Wher vpon the murther was in most horrible traiterouse vvise comitted in the Quenes ovvne chamber of presence vpon hym violentlie plucked from the Quene she also beinge cruellie minaced and sore threatned havinge also a charged pistilett sett to her bellye A charged pistylett set to the QueÌ„s bellie she beynge then greate whith chylde and then removed from her pryvie chaÌ„ber in to an other where she was kepte as prisoner The yonge vnexperte and rashe L. Darley wo beynge blynded whith outragyouse ambition coulde not forsee the deavely she dryfte of theys craftie marchaunts begane novve but almoste to late to espie yt and seynge hym self as nyghe to danger as was hys vvyfe the Quene repayred to her most humblie askinge her pardon of hys heinouse atteÌ„pte And pytyfullie crienge ovvte to her to provide and fynde owte some presente waye to preserve them selves bothe Who by the Quenes polytike industrie Was privelie whithe her self conveyed avvaye ovvte of the rebells daunger The QueÌ„ by her industrie coÌ„veied her self awaye vvith the lorde Darley And by hym thys wycked dryft and the drivers and contrivers therof vvere discovered to the Quene But lo the next daye after thys slavvghter the Erle Murraye entred in to Scotlande and repaired to the Quene vvhith as faire a countenaÌ„ce as thovvghe he had bene cleare asvvell for that facte as for all other treasons Wherof the gentle and mercyfull Quene pardoned hym admyttynge hym againe in to her graces love and favour Whereat the Lorde Darley muche myslykynge
one as for the excelleÌ„te giftes of God and nature in her most princelie appearinge ys vvorthie to inherite either this noble realme or any other be yt of muche more dignitie and worthines But nowe I claime nothinge for the vvorthines of the person whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others yf moste open and manifeste right Iustice and title do not coÌ„curre with the worthines of the person Then lett the praise and Worthines remaine where yt ys And the right Where God and the lavve hathe placed yt But seinge God nature and the lavve dothe call the person to this expectation whose intereste and claime I do novve prosequute I meane the right excellente Ladie The Quene of Scots is the right heire appareÌ„te to the crovvne of Englande Ladie Marie Quene of Scotlande I hope that when her right and iuste title shall be throwghlie harde and considered by the indifferente Reader yf he be persvvaded alredie for her right he shall be more firmelie setled in his trevve and good opinion and that the other parties beinge of a contrarie minde shall finde good cavvses and grovvndes to remoue them from the same and to geaue ouer and yelde to the trevvthe Her graces title then yf God call our Souereigne ovvte of this transitorie life hauinge no issue of her maiesties bodye as yt ys moste open and euidende so yt ys moste conformable to the lavve of God of nature and of this realme And consequentlie in a manner of all other realmes in the vvorlde as grovvinge by the neareste proximitie of the royall bloude She ys a kinges and a Quenes davvghter her self a Quene Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight Whose Davvghter also the ladie Lenoux ys but by a later husbande The ladie Frances late vvyfe to Henry Marques dorsett aftervvarde Duke of Suffoocke And the ladie Elenour late vvyfe to the Erle of Cumberlande and theire progenye procedethe from the ladie Marie dowager of France yongest sister of the saide kinge Henrie late vvife to Charles Brandon Duke of Suffolke I might here fetche forthe olde farne dayes I might reache backe to the noble and vvorthie kinges longe before the conqueste of vvhose royall bloude she ys discended vvhiche ys no parte of our purpose neither dothe enforce her title more then to proue her no stranger vvithin this realme But the argumentes and proufes which vve meane to alleage and bringe forthe for the confirmation of her right and title in succession as heire apparente to the crovvne of Englande are gathered and grovvnded vpon the lavves of God and nature and not onlie receaued in the ciuill pollicies of other nations but also in the olde lawes and customes of our ovvne contrey by reason approued and by vse and longe concontinevvance of time obserued from the firste constitution of this realme in politicall order vnto this presente daye And yet for all that hathe yt bene aÌ„d yet ys by some men attempted artificiallie to obiecte and caste manie mistie darke clovvdes before meÌ„nes eyes to kepe from them yf yt maye be the cleare light of the saide iuste title the vvhiche they vvolde extingvvishe or at the leaste blemishe withe some obscure shadovve of lavve But in deede against the lavve and vvith the shadovve of parliameÌ„ts But in deede against the trewe meaninge of the pliameÌ„tes And albe it yt were inowghe for vs our cawse beinge so firmelie aÌ„d suerlie established vpoÌ„ all good reason aÌ„d lawe to stande at defence and onlie to auoide as easelie vve maye theire obiections Whiche principallie and cheifelie are grovvnded vpon the common lawes and statutes of this realme yet for the betteringe aÌ„d strengtheninge of the same vve shall laye forthe sondrie greate aÌ„d inuincible reasons coÌ„ioyned vvithe good and sufficieÌ„t aucthoritie of the lawe so approued and coÌ„firmed that the aduersaries shall neuer be able iustlie to impugne them And so that vve truste after the readinge of this our treatise aÌ„d the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title Whose expectatioÌ„ aÌ„d coÌ„science althovvghe we truste fullie in this discourse to satisfie aÌ„d doubte nothinge in the vvorlde of the rightfulnes of our cause Yet must we nedes coÌ„fesse the maÌ„ner aÌ„d forme to eÌ„treate therof to be full of difficultie aÌ„d ê‘plexitie For suche causes of Princes as they be seldome and rare so ys yt more rare and stange to finde them discoursed discussed and determined by any lawe or statute Albe it nowe and then some statutes tende that vvaye Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente but vvith priuate mens causes And yet this not withstandinge for the better iustifiengè of our cavvse albe yt I denye not but that by the coÌ„mon lavve yt muste be knovven vvho ovvght to haue the crovvne And that the coÌ„mon lavve muste discerne the right aswell of the crowne as of subiects Yet I saye that there ys a greate difference betvvene the kinges right aÌ„d the right of others And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the coÌ„mon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same The coÌ„moÌ„ lavve of this realme ys rather grouÌ„ded vpon a generall custome then any lawe written For the prouf wherof let vs consider What the comon lavve of this rerealme ys and howe the rules therof be grownded and do take place Yt ys verie manifeste and plaine that the comon lawe of this realme of Englande ys no lawe WritteÌ„ but grovvnded onlie vppoÌ„ a coÌ„mon and generall custome throvvghe ovvte the vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVLPHVS DE GLANVILLA In ê“logo suo eâ—sdeÌ„ libri fol. 1. 2. Who wrote in the time of the noble kinge Henrie the secoÌ„de De dicto Ranulpbo Glanuilla vide GeralduÌ„ CaÌ„breÌ„sem in Topogra de vvallia of the lavve and custome of the realme of englande Beinge then and also in the time of the reigne of kinge Richarde the first the cheif counsailler and iustice of the same kinge And also by the famous Iustice Fortescue in his booke which he wrote beinge Chancellour of Englande Fortescue de laud legum Angliae ca. 17 De laudibus legum Angliae And by 33 H. 6 51. and by 8. E. 4. 19. Which custome by vsage and coÌ„tinuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie knovven and mainteined 8. E. 4 19 33. H. 6 51 piÌ„soÌ„s printe Wherein we seame muche agreable to the olde lacedemoniaÌ„s vvho manie hundred yeares past most politikelie and famouselie gouerned theire common
vvealthe vvith lawe vnvvritten Iusti. de iure natural gent ciuil 55. ex non script Whereas amonge the Athenienses the written lavves beare all the svvaye This thinge beinge so trevve that vvithe any reason or good authoritie yt can not be denied then vve are farther to consider vvhether the kinges title to the crovvne can be examined tried aÌ„d ordered by this common custome or no. Yf ye saie yt maye then muste ye prove by some recorde that yt hathe bene so vsed Othervvise ye onlie saie yt nothinge at all prove yt For nothinge can be saâ—ed by lavve to be subiecte to any custome vnlesse the same hathe bene vsed accordinglie and by force of the same custome I am Well assured that you are not able to proue the vsage and practise therof by any recorde iÌ„ any of the kinges cowrtes Yea I vvill farther saie vnto you and also proue yt that there ys no one rule generall or speciall of the coÌ„mon lawe of this realme The aduersaries haue shevved no rule of the coÌ„mon lawe that bindethe the crovvne Which ye either haue shewed or can shevve that hathe bene taken by anye iuste construction to extende vnto or binde the kinge or his crowne I Will not denie but that to declare and sett forthe the praerogatiue and Iurisdiction of the kinge ye maye shevve manie rules of the lawe But to binde him as I haue saide ye can shevve none Ye saie in your booke that yt ys a maxime in our lawe moste manifeste that Who so ever ys borne ovvte of Englande and of father and mother not beinge of the obedieÌ„ce of the kinge of Englande can not be capable to inherite any thinge in England Whiche rule beinge generall withowte any Wordes of exceptio â–ª ye also saie muste neds extende vnto the crovvne What you meane by your lavve I knovve not But yf you meane as I thincke you do the common lawe of EnglaÌ„de I ansuere there ys no suche maxime in the coÌ„mon lavve of this realme of Englande as hereafter I shall manifestlie prove But yf yt vvere for arguments sake admitted for this time that yt be a maxime or generall rule of the coÌ„mon lavve of Englande yet to saie that yt ys so generall as that no exceptioÌ„ caÌ„ be takeÌ„ agaiÌ„st the same rule ye shevve your self either ignorance or elseverie carelesse of your credit For it doth plainlie appeare by the statute of 25. E. 3. 25. E. 3. beinge a declaratioÌ„ of that rule of the lawe which I suppose ye meane terminge yt a maxime that that rule extendethe not vnto the kinges children Whereby yt moste euideÌ„tlie appearethe that yt exteÌ„deth not generallie to all And yf yt exteÌ„de not to biÌ„de the kinges children in respecte of any inheritance desceÌ„ded vnto theÌ„ froÌ„ any of theire ancetours yt ys an argumeÌ„te a forttori that yt dothe not exteÌ„de to biÌ„de the kiÌ„ge or his crowne 5 E. 3 tit Ayle 13. E. 3 tit lettre 31 E. 3 tit tit Coson 42. E. 3 fo 2 22. H. 6 fol. 43 11. H. 4. fo 23 25. litletoÌ„ cap. vilenag And for a ful shorte answere to your authorities sett forthe iÌ„ your marginall notes as 5. E. 3. tit Aile 13. E. 3. tit lrÌ„e 31. E. 3. Coson 42. Edw. 3. fol. 2 22. H. 6. fol. 42 11. H. 4. fol. 23. 24. litlet ca. vilenag Yt maye plainlie appeare vnto all that vvill reade aÌ„d peruse thoses bookes that there ys none of them all that dothe so muche as with a peece of a worde or by any colour or shadowe seame to inteÌ„de that the title of the crowne ys bovvnde by that your supposed generall rule or maxime For euerie one of the saide cases argued and noted in the saide booke are oneli concerninge the dishabilitie of an alien borne and not denisen to demaunde any landes by the lawes of the realme by suyte and action onlie as a subiecte vnder the kinge The aduersaries case ê‘teinethe to subiectes onlye and nothinge tovvchinge any dishabilitie to be layed to the kinge him self or to his subiectes Is there any controuersie abovvte the title of the crowne by reason of any suche dishabilitie towched in any of theis bookes No verelie not one vvorde I dare boldlie saye as maye most manifestlie appeare to them that vvill reade and pervse those bookes And yet ye are not ashamed to note them as sufficiente auctorities for the maintenance of your evill purpose and intente But as ye vvolde seame to vnder stande that your rule of dishabilitie ys a generall maxime of the lawe so me thincketh ye shoulde not be ignorante No maxime of the lawe bindethe the â—rovvne vnles the crovvne specially be named that yt ys also as generall yea a more generall rule aÌ„d maxime of the lawe that no maxime or rule in the lavve can extende to binde the kinge or the crovvne vnlesse the same be speciallie mentioned therein as maye appeare by diuers principles and rules of the lawe which be as generall as is your sayed supposed maxime aÌ„d yet neither the kiÌ„ge nor the crowne is by any of them bownde As for exaÌ„ple yt ys very plaine that the rule of the tenante by the curtesie ys generall vvithovvte any exception at all And yet the same bindethe not the crovvne Of the tenante by the curtesie neither dooth extende to geue any benefitt to him that shall marye the Quene of englande As yt vvas plainlie agreed by all the lavviers of this realme vvhen kinge Phillippe vvas maried vnto Quene Marie Althovvghe for the more suertie and plaine declaration of the intentes of kinge Philippe and Quene Marie and of all the states of this realme yt vvas enacted that kinge Philippe shoulde not claime any title to be tenante by the curtesie Yt ys also a generall rule that yf a man die seased of landes in fee simple vvithe ovvte issevve male hauinge diuers davvghters the lande shall be equallie deuised amoÌ„ge the dawghters Whiche rule the learned men in the lavves of this realme agreed vpoÌ„ in the life of the late noble Prince Edvvarde Nor that the landes shal be deuided amoÌ„ges the doughters and also euerie reasonable man knowethe by vsage taketh no place in successioÌ„ of the crowne for there the eldeste enioieth all as thowghe she vvere issevve male Likevvise yt ys a generall rule that the wife after the decease of her husbande shal be indevved and haue the thirde parte of the beste possession of her husbande Nor the Wife shall haue the thirde ê‘te and yet yt ys verie clere that the Quene shall not haue the thirde parte of the laÌ„des belogiÌ„ge to the crowne as appearethe in 5 E. 3 5 E. 3 tit praerogat 20 21. E. 3 fo 13. 9. H. 6. f. 12 52. 28. H. 6 fo 15. Red. priÌ„te tit praerogat 21 E. 3 9 28. H 6. aÌ„d diuers other bookes Besids that the rule of * Nor the rule of possess fratris
do the saide homage and fealtie to the kinges of England Yet for all that the kinges of ScotlaÌ„de can not by any reason or lawe be called vsurpers And thus maye ye see gentle Reader by the opinion of all indifferent men and not led by affection that the realme of Scotlande hathe bene and yet ys within the allegeance and dominion of Englande And so your antecedent or firste proposition false And yet that makethe no prouf that the realme of FraÌ„ce likewise shoulde nowe be saide to be with in the allegiaÌ„ce of our Souereigne Ladie the Quene of England by reason of the manifeste and apparente difference before sheued But what yf your antecedent were trewe aÌ„d that we did agree bothe withe the saide Quene of Scottes aÌ„d her subiectes aÌ„d also withe you that Scotlande were owte of the allegiance of Englande Yet yt ys verie plaine that your coÌ„sequente and conclusion can not by anye meanes be trewe The causes vvhy the crowne caÌ„ not be comâ—sed with in the preteÌ„ded maxime And that priÌ„cipallie for three causes Wherof one ys for that neither the kiÌ„ge nor the crowne not beinge especiallie mentioned in the saide rule or preteÌ„ded maxime can be inteÌ„ded to be with in the meaninge of the same maxime as we haue before sufficientlie ê“ued by a greate nomber of other suche like generall rules and maximes of the lawes An other cause ys for that the crwne caÌ„ not be taken to be with in the wordes of the saide supposed maxime And that for two respectes one ys by cawse the rule doth onlye dishable aliens to demaunde any heritage with in the allegiance of Englande which rule can not be stretched to the demaunde of the crowne of Englande which ys not with in the allegiance of Englande but ys the verie allegiance yt self As for a like example Yt ys trevve that all the landes vvith in the kinges dominion are holden of the kinge either mediatlie or immediatelie and yet ys yt not trevve that the crovvne by vvhiche onlie the kinge hathe his dominion can be saide to be holden of the kinge For withoute the crowne there can be neither kinge nor allegiance And so longe as the crovvne restethe onlie in demaunde not beinge vested in any person with ovte the crownethere caÌ„ neither be Kinge nor allegiaÌ„ce there ys no allegiance at all So that the crovvne can not be saide by any meanes to be vvith in the allegiance of EnglaÌ„de And therfore not within the wordes of the saide rule or maxime The title of the crovvne ys also ovvte of the vvordes and meaninge of the same rule in any other respecte And that ys by cause that rule doth onlie dishable an alien to demaunde landes by disceÌ„te as heire for yt dothe not exteÌ„de vnto laÌ„des purchassed by an alien as vve haue before sufficientlie proued 40. E. 3. f. 10. 13. E. 3. titlrÌ„e 264. 16. E. 3. iuraÌ„sde faiâ—e 17. E. 3. tit Scire fac 7 And then can not that rule extende vnto the crovvne beinge a thinge incorporate the right wherof dothe not desceÌ„de accordiÌ„ge to the comoÌ„ course or priuate inheritance but goethe by succession as other corporations do No man dowbtethe but that a prior alien beinge no denizen A Deane a Person a Priour beynge an alien maye demande laÌ„de in the right of his corporatioÌ„ might alvvayes in time of peace demaunde lande in the right of his corporatioÌ„ And so likevvise a deane or a person beinge aliens and no denizens might demaunde landes in respecte of theire corporations not vvith standinge the saide supposed rule or mxime as maye appeare by diuers booke cases as also by the statute made in the time of kinge Richard the seconde An. R. 23c 36. E 3. fo 21. tit droicte 26 lib. Assis. p. 54. 12. lib. Assis tit enf 9 H. 6 fol. 33 3 H. 6. fo 35. 5. E. 4 f. 71. 49 li. Ass. pag. 17 22. H. 6. fo 31 13. H. 8. fo 14 7 E. 4 f. 29 9 E. 4 f. â—0 And altovvghe the crovvne hathe alvvayes gone accordinge to the coÌ„mon covvrse of a discente Yet dothe yt not properlie desceÌ„de but succede And that ys the reason of the lavve that althovvghe the Kinge be more fauoured in all his doinges then any coÌ„mon person shal be Yet can not the Kinge by lavve auoide his grauntes and lettres patentes by reason of his nonage as other Infantes maye do but shall alvvayes be saide to be of full age in respecte of his * The kiÌ„ge ys alvayes at full age in respecte of hys crovvne crowne eauen as a person vicare or deane or any other person incorporate shal be Whiche can not by any meanes be sayed in lawe to be vvith in age in respecte of theire corporations Altowghe the corporation be but one yeare olde Besides that the kinge caÌ„ not by the lawe avoide the lettres patentes made by any vsurper of the crowne vnlesse yt be by acte of parliamente no more then other persons incorporate shall auoide the grauntes made by one that vvas before vvrongfullie in theire places and roumes Whereas in discentes of inheritances the lawe ys otherwise For there the heire maye auoide all estates made by the dissesor or abatour or anye other person vvhose estate ys by lavve defeated Wherby yt dothe plainlie appeare that the kinge ys incorporate vnto the crowne and hathe the same properlie by succession and not by discente only And that ys likewise an other reason to proue that the kinge and the crowne can neither be saide to be with in the wordes nor yet with in the meaniÌ„ge of the saide generall rule or maxime The thirde and moste principall cause of all ys for that the saide statute vvhere vpon the saide supposed rule or maxime ys gathered the children discendants and discended of the bloude royall by the vvordes of EnfaÌ„ts du Roy The Kings childreÌ„ are expresselye excepted froÌ„ the surmised maxime are expresseli excepted owte of the saide supposed rule or maxime Which wordes the aduersaries do muche abuse iÌ„ restrainiÌ„ge coÌ„struinge theÌ„ to extende but to the first degree onlie whereas the same wordes may verye vvell beare a more large and ample interpretation And that for three causes and considerations Firste by the ciuill lavve this vvorde Liberi vvhiche the vvordes Enfants beinge the vsuall and originall vvordes of the statute vvritten in the Frenche tongue counteruaileth dothe comprehende by proper and peculier signification not only the children of the first degree L. liberoruÌ„ de verborum signific ff but other discendants also In the lavve sayenge that he vvho ys manumissed or made free shall not commence any action againste the children of the patrone or manumissor vvithovvte licence L. sed si ff de in Ius vocaÌ„do instit de heredibus ab intest not only the first degree but the other also ys conteined The like ys vvhen the lavve of the twelve tables sayethe The firste place and roume of
have declared and against the coÌ„mon lawe The which must not be thowght by this statute any thinge taken awaye but onlie declared and against all good reason also For as we wolde haue thowght this realme greatelie iniured yf yt had bene defrawded of Spaine or any of the foresaide contreies beinge devolued to the same by the foresaide mariages As we thincke our self at this daie iniured for the with holdinge of France so the issewe of the foresaide noble womeÌ„ might aÌ„d wolde have thowght them hardly and iniuriouslie handled yf any suche case had happened Neither suche frivelouse interpretation gloses as this man nowe framethe and makethe vpon the statute Wolde then haue served nor nowe will serve But of all other hys frivelouse and folishe ghessinge vpon the cause of the statute for Enfans du Roy A foÌ„de imaginatioÌ„ of the adâ—sarie of the statute 25. â— 3. there â—s one moste foÌ„de of all for he wolde make vs beleave suche ys the maÌ„s skyll that this statute towchinge Enfants du Roy was made for the greate bowbte more in them then in other persoÌ„s tovvchinge theire inheritaÌ„ce to theire Auncesters For beinge then a maxime saieth he in the lavve that none coulde inherite to his Auncesters beinge not of father aÌ„d mother vnder the obedience of the kinge seinge the kinge him self coulde not be vnder the obedieÌ„ce yt plainlie seamed that the kinges childreÌ„ vvere of farre vvorse conditioÌ„ then others and quite excluded And therefore he sayethe that this statute vvas not to geue them any other priuilege but to make theÌ„ equall vvith other And that therefore this statute tovvchinge the kinges children ys rather in the superficiall parte of the vvorde then in effecte Nowe amoÌ„ge other thinges he saiethe as vve haue shevved before that this vvorde Enfants du Roy in this statute mentioned muste be taken for the childreÌ„ of the first degree Whiche he seamethe to proue by an note taken ovvte of maistre Rastall There was no dovbte made off the kinges children borne beyonde the seas But to this vve ansvvere that this man svvetly dreamed vvhen he imagined this fonde and fantasticall exposition And that he shevvethe him selfe a verie Infante in lawe and reasoÌ„ For this was no Maxime or at leaste not so certaine before the makinge of this statute vvhiche geauethe no nevve right to the kinges children nor answerethe any dowbte towchinge them and theire inheritance But saiethe that the lawe of the crovvne of Englande ys and alwayes hathe bene vvhich lavve sayethe the kinge saye the lordes saye the coÌ„mons we allowe and affirme for euer that the kinges children shal be hable to inherite the landes of theire Auncesters vvhere so euer they be borne All the dovvbte vvas for other persons as appearethe euideÌ„tlie by the tenour of the Statute vvhether by the coÌ„moÌ„ lavve they beinge borne ovvte of the allegeaÌ„ce vvhere heritable to theire Auncesters And yt appearethe that the aduersarie ys driuen to the harde vvall vvhen he ys fayne to catche holde vpon a felye poore marginall note of Maistre Rastall of the kinges children and not of the kinges childres children Whiche yet nothinge at all seruethe his purpose towchinge this Statute But he or the printer or who soeuer he be As he draweth ovvte of the texte manye other notes of the matter therein comprised So vpon theis frenche vvordes Les Enfants du Roy he noteth in the margente the kinges children But howe farre that vvorde reachethe he sayethe neither more nor lesse Neither yt ys any thinge preiudiciall to the saide Quenes right or title Whether the saide vvordes Infantes owght to be taken stritkelie for the first degree or farther enlarged For yf this statute towchethe onlie the successioÌ„ of the kinges childreÌ„ to theire Auncesters for other inheritaÌ„ce aÌ„d not for the crowne as moste men take yt aÌ„d as yt maye be as we have saide verye well taken and allowed Then doth this supposed Maxime of forraine borne that seameth to be gathered owte of this statute nothinge anoye or hinder the Quene of Scottes title to the crowne as not ther to apê‘teininge On the other side if by the inheritaÌ„ce of the kinges childreÌ„ the crowne also ys meÌ„te yet neither maye we eÌ„force the rule of forraine borne vpoÌ„ the kinges childreÌ„ Which are by the expresse wordes iÌ„ the Statute excepted Neither iÌ„force the worde EnfaÌ„s to the first degree only Thys statute towchethe not the Quenâ— of Scottes as one not borne beyonde the seas For suche reasoÌ„s presideÌ„tes aÌ„d exaÌ„ples aÌ„d other ê“uffes largely by vs before set forthe to the coÌ„trarie SeiÌ„g that the right of the crovne fallinge vpoÌ„ them they maye well be called the kiges childreÌ„ or at leaste childreÌ„ of the crowne There ys also one other cause why thoughe this Statute reache to the crowne aÌ„d maye aÌ„d owght to be exded of the same the saide Quene ys owte of the reache and compasse of the saide statute For the saide statute can not be vnderstaÌ„ded of any persons borne in ScotlaÌ„de or wales but onlie of persons borne beyoÌ„de the sea owte of the allegeance of the kinge of Englande That ys to witt France Flawnders and suche like For Englande ScotlaÌ„de and wales be all within one territorie and not devided by any sea And all olde recordes of the lawe concerninge seruice to be done iÌ„ those two contreyes haue theys vvordes Infra quatuâ—r maria within the fower seas which must nedes be vnderstande in Scotlande and vvales asvvell as in Englande by cavvse they be all with in one continente compassed vvithe fower seas And likevvise be manye Anciente statutes of this realme written in the Norman frenche Whiche have theis vvordes Deins lez quatre mers that ys vvithin the fower seas Now concerninge this statute the title of the same ys of those that are borne beyoÌ„de the sea the dowbte moved in the corps of the saide Statute ys also of children borne beyonde the sea owte of the alleageance with diuers other branches of the Statute tendinge that vvaye Whereby yt seamethe that no parte of the Statute tovchethe theis that are borne in wales or Scotlande Vide statuta vvallie in magna carta And albeyt at this time and before in the reigne of Edwarde the firste Vvales vvas vnder the allegeaÌ„ce of Englande before yt vvas vnited to the crâ—nve wales vvas fullie reduced anexed aÌ„d vnyted to the proper dominion of Englande yet was yt before subiected to the crowne and kinge of Englande as to the lorde and Seignour aswell as Scotlande Wherefore yf this Statute had bene made before the time of the saide Edwarde the firste yt seamethe that yt coulde not haue bene stretched to wales nomore then yt can novve to Scotlande I do not therefore a litke marvaile that ever this man for pure shame coulde finde in his harte so childishelie to wrangle vppon this vvorde Enfants and so openlie to detorte deprave and corrupte the
common lawe and the actes of parliamente And thus maye you see gentle Reader that nothinge can be gathered eyther ovvte of the saide supposed generall rule or Maxime or of any other rule or principle of the lawe that by any good and reasonable construction can seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes of and to the crowne of this realme of Englande as ys aforesaide We are therefore nowe laste of all to consider Whether there be any statute or acte of parliamente that dothe seame either to take awaye or preiudice the title of thâ— saide Ladie Marie And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde beinge onlie a declaration of the common lavve we haue alredie sufficieÌ„tlie answered â–ª We will passe yt over and consider vpon the Statute of 28. 36. of kinge Henry the eight beinge the onlie shoteanker of all the adversaries Whether there be any matter therein conteined or dependinge vpon the same that can by any meanes destroyâ— or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande The statutes of kiÌ„ge H. 8. towchinge the succession of the crovvne Yt dothe appeare by the saide Statute of 28. of kinge HeÌ„rie the eight that there was aâ—cthorie geaven him by the same to declare limitte appointe and assigne the succession of the crowne by hys lettres patentes or by hys laste will signed with his owne hande Yt appearethe also by the foresaide Statute made 35. of the saide kinge that yt vvas by the same enacted that the crowne of this realme shoulde goe and be to the saide kinge and to the heires of his bodie lawfullie begotten that ys to saye vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife begotten and for defaulte of suche issewe then vnto the Ladie Marie his dawghter and to the heires of her bodie lawfullie begotten And for defaulte of suche issewe theÌ„ vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys and to the heires of her Maiesties Bodie Lawfullie begotten And for defaulte of suche issewe vnto suche person or ê‘sons in remaynder or reversioÌ„ as shoulde please our late Sovereigne Lorde kinge Henrie the eight and accordinge to suche estate and after suche manner order and coÌ„dition as shoulde be expressed declared named and limited in his highnes lettres patentes or by his laste will in vvritinge seigned vvith his owne hande By vertue of whiche saide acte of parliamente the aduersaries do alleage that the saide late kiÌ„ge HeÌ„rie the eight afterwarde by his laste will in writiÌ„ge signed with hys owne haÌ„de did ordaine and appointe that yf yt happen the saide Prince Edwarde Ladie Marye and Ladie Elizabethe to dye withowte issewe of theire bodies lavvfullie begotten then the crovvne of this realme of EnglaÌ„de shoulde goo and remayne vnto the heires of the bodie of the Ladie Fraunces his nece and the eldeste davvghter of the Franche Quene And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten And yf yt happened the saide Ladye Elenour to die withovvte issevve of her bodye lawfullie begotten to remaine and come to the next rightfull heires Wher vpon the aduesaries do inferre that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances and to theire heires accordinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight And not vnto the Ladie Marie Quene of Scottes that novve ys â—n aÌ„swere to the foreâ—ide statutes To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande And that therefore the saide vvill can not be any whitte pÌ„iudiciall to the saide Quene Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill yt ys replied by the aduersaries Firste that there vvere diuers copies of his vvill fovvnde signed with his owne hande The effecte of the aduersaries ArgumeÌ„tes for the exclusion of the Q. of Scots by a pÌ„tensed will of kin H. 8. or at the leaste wise enterlined and some for the moste ê‘te vvritteÌ„ withe his owne hande Owte of the vvhich yt ys likelie that the originall vvill coÌ„monlie called kinge Henrie the eightes will was taken aÌ„d fayer draweÌ„ owte Then that there be greate aÌ„d vehemeÌ„te presumptions that for the fatherlie loue that he bare to the common vvealthe and for the auoidinge of the vncertentie of the succession he vvell liked vpon and accepted the auctoritie geauen him by parliament and signed with his owne hande the saide originall vvill which had the saide limitation aÌ„d assignatioÌ„ of the crowne And theis presumptions are the more enforced for that he had no cause vvhie he shoulde beare any affectioÌ„ either to the saide Quene of ScotlaÌ„de or to the Ladie Lenneux And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children But to putt the matter quite owte of all ambiguitie and dowbte Yt appeare the they saye that there were eleuen witnesses purposelie calledd by the kinge Who were presente at the signinge of the saide will aÌ„d subscribed theire names to the same Yea the cheif lordes of the couÌ„saile were made aÌ„d appointed executours of the saide will And they aÌ„d other had greate legaties geaueÌ„ theÌ„ in the saide will vvhich vvere paide and other thinges coÌ„prised in the vvill accoÌ„plisshed accordinglie There passed also purchases aÌ„d lettres pateÌ„tes betwene kinge Edwarde and the executours of the saide vvill and others for the execution and performance of the same Finallie the saide testamente was recorded in the chauncerie Wherefore they affirme that there owght no manner of dowbte move any maÌ„ to the coÌ„trarie And that either we muste graunte this will to be signed vvith his haÌ„de or that he made no vvill at all Bothe muste be graÌ„ted or bothe denied Yf any will denye yt in case he be one of the vvitnesses he shall impugne his owne testimony Yf he be one of the executours he shall ouerthrowe the fowndation of all his doinges in ê“curinge the saide will to be inrolled and sett forthe vnder the greate seale And so by theyr dubblenes they shall make theÌ„ selues no mete witnesses Nowe a maÌ„ can not ligthlie imagine how any other besids theis two kiÌ„des of witnesses for some of theÌ„ aÌ„d of the executours were suche as were coÌ„tinually waytinge vpoÌ„ the kinges ê‘son maye impugne this will and proue that the kinge did not signe the same but yf anie suche impugne the saide will Yt vvolde be coÌ„sidered howe manye they are aÌ„d vvhat theire are And yt wil be verye harde to proue Negatiuam facto But yt ys euideÌ„te saye theye that there was neuer any
my Ladye Fraunces and my Ladie Elenour also dawghters to the Frenche Quene vvhiche ys a thinge in a manner incredible and therefore nothinge likelie I muste novve gentle reader putt the in remembrance of two other moste pregnante and notable coniectures and presumptions for amonge all other inconueniences and absurdities that doe and maye accompanye this rashe and vnaduised acte by thys pretensed vvill incoÌ„sideratelye mainteined yt ys principallie to be noted that this acte geuethe appareÌ„te and iuste occasion of perpetuall disherison of the stile and title of Fraunce incorporated aÌ„d vnited to the crowne of this realme The supposed vvyll ys pÌ„iudiciall to the crowne of Englande for the clayme of the crovne of France For vvhereby do or haue the Frenche men hitherto excluded the kinges of this realme claymenge the crowne of FraÌ„ce by the title of Edvvarde the thirde fallinge vpon hym by the right of his mother then by a politike and ciuill lavve of theire ovvne that barrethe the female from the right of the crovvne And vvhat dothe this pretensed acte of kinge Henrie but iustifiethe and strengtheneth theire quarell and ouerthrowethe the fowndation and bulworke vvhereby vve mainteine our foresaide title and clayme Yf we maye by our Municipall lavve exclude the saide Quene of ScotlaÌ„de beynge called to this crovvne by the title of generall heritage Then ys theire municipall lawe likewise good and effectuall aÌ„d consequentlie we do and haue made all this while an vniuste and wrongfull clayme to the crowne of Fraunce But nowe to goe somewhat farther in the matter or rather to come nerer home and to the quicke of the matter we saye as there was some apparente aÌ„d good cause whie the kinge shoulde the twentie and eight yere of his reygne thyncke vpon some limitatioÌ„ and appointmente of the crowne kinge Edwarde as yet vnborne so after he was borne and that the title and intereste of the reuersion of the crowne after him was the thirtie and fifte yeare by parlamente confirmed to the late Quene Marie and our gratiouse Souereigne Elizabethe Yt ys not to be thowght that he wolde afterwarde ieperde so greate a matter by a testamente and vvill vvhiche maye easelie be altered and counterfeited And leaste of all make suche assignation of the crowne as ys nowe pretended For beinge a Prince of suche wisdome and experience he coulde not be ignorante that this was the nexte and redieste waye to putt the state at leaste of bothe his dawghters to greate perill and vtter disherison This supposed will geauethe occasion of ambitious aspiringe For the kinges example and boldnes in interruptinge and cuttinge awaye so manye branches of the nereste syde line might sone brede in aspiringe and ambitious hartes a bolde and wicked attempte the vvaye beinge so farre browght in and prepared to theire handes by the kinge him self and theire natures so redie and prone to followe euill presidentes and to cliÌ„me highe by some colorable meanes or other to spoile and depriue the saide dawghters of they re right of the crowne that shoulde discende and fall vpon them And to conuey the same to the heires of the saide Ladye Fraunces And did not I praye you this drifte deuise fall owre eauen so tendinge to the vtter exclusion of the late Quene Marie and our gratious Souereigne Elizabethe Yf God had not of his greate mercie moste gratiouslie and wonderfullie repressed ouerthroune the same Theis reasons then and pÌ„sumptions maye seame well hable sufficieÌ„te to beare dovne to breake aÌ„d ouerthrowe the weke aÌ„d sleÌ„der pÌ„sumptions of the aduersaries grownded vpoÌ„ vncertaine and mere surmises ghesses and coÌ„iectures as amonge other that the kinge vvas offended vvith the Quene of ScotlaÌ„de and vvith the ladye Lenneux vvhich ys not trevve And as for the ladye Lenneux yt hathe no manner of ê“babilitie As yt hathe not in deede in the saide Quene And yf yt had yet yt ys as probable and muche more probable that the kinge vvolde haue especiallie at that time for suche cavvse as vve haue declared suppressed the same displeasure GrauÌ„tinge nowe that there were some suche displeasure vvas yt honorable either for the kinge or the realme or vvas yt thincke ye euer thovvght by the parliameÌ„t that the kinge shoulde disherite them for euerie light displeasure And yf as the aduersaries confesse the kinge had no cavvse to be offended vvith the Frenche Quenes children vvhy did he disherite the Ladye Fraunces aÌ„d the Ladye Elenour also Theire other presumption vvhich they grownde vpon the auoydinge of the vncertaintie of the succession by reason of his vvill The succession to the croune ys more vncertaine by the supposed will then before ys of small force and rather turnethe againste them For yt ys so farre of that by this meanes the succession ys made more certaine and suer that contrarie vvise yt ys subiecte to more vncertentie aÌ„d to lesse suertie then before For vvhere as before the right and claime to the crovvne honge vpon ordinarie and certaine covvrse of common lavve vpon the certaine and assuerid right of the royall and vnspotted bloude Yea vpon the verie lavve of nature vvhereby manye inconueniences manye troubles dangers aÌ„d seditions are in all contreyes politikelie avoided There ys mucheforgerie and counterfeyting of testamentes So nowe dependinge vpon statute onlie yt ys as easie by an other stature to be infringed and ouerthrovvne And dependinge vpon a testameÌ„te ys subiect to manye corruptioÌ„s sinister dealinges cauillacions yea and iuste ouerthrovves by the dishability of the testatour vvitnesses or the legatorie him self or for lacke of dewe order to be obserued or by the deathe of the vvitnesses vnexamined aÌ„d for many other like considerations The monumentes of all antiquitie the memorie of all ages and of our ovvne age and daylie experience can tell aÌ„d shevve vs manye lamentable examples of manye a good and lavvfull testamente by vndevve and craftie meanes by false and suborned vvitnesses Valerius Maximus dedict fact lib. 9 cap. 4. by the couuetous bearinge and maintenance of suche as be in auctoritie quite vndone and ouerthrovvne Wherefore Valerius Maximus crie the owte againste M. Crassus and Q. Hortensuis lumina curiae ornamenta fori Quod scelus vindicare debuerant lucri captura inuitati suis authoritatibus texerint This presumption then of the aduersaries rather maketh for vs and ministrethe to vs good occasion to thincke that the kinge vvolde not hasarde the vveight and importance of suche a matter to reste vppon the validitie or inualiditie of a bare testameÌ„te onlie By this that vve haue saide we maye probablely gather that the kinge had no cause to aduenture so greate an enterprise by a bare vvill and testamente Ye shall nowe heare also vvhie vve thincke he did neuer attempte or entreprise any suche thinge Yt ys vvell knowen the kinge vvas not vvonte lightlie to ouerslippe the occasion of any greate commoditie presentlie offered And yet this not vvithstaÌ„dinge hauinge
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
claime For by the sayde pretensed vvill yt ys limited that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour that the crovvne shall remayme and coÌ„me to the next rightfull heires But yf she shall be sayde to be a forrainer for the time for the induction of farther argumente Then what saye the adâ—saries to my Ladie LeÌ„noux borne at Herbotell in Englande and from thertene yeares of age browghtvppe also in EnglaÌ„d and coÌ„monlie taken and reputed aswell of the kinge and nobilitie as of other the lawfull neâ—e of the saide kinge Yea to turne nowe to the other sister of the kinge married to Charles Brandon Duke of Suff. and her children the Ladie Fraunces and the Ladye Elenour Whye are they also disherited Suerlie yf there be no iuste cause neither in the Ladye LeÌ„noux nor in the other yt seamethe the kinge hathe made a plaine donatiue of the crowne Which thinge vvhether he coulde do or vvhether yt be conformable to the expectation of the parliamente or for the kinges honour or for the honour of the realme I leaue yt to the further consideration of other Nowe what causes shoulde moue the kiÌ„ge to shutt them owte by his pretensed will from the title of the crowne I mynde not nor neade not especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne here to ê“psequute or examin Yet am I not ignorante what impedimeÌ„tes many do talke of aÌ„d some as well by priÌ„ted as vnpriÌ„ted bookes do write of Wherein I will not take vpon me any asseueratioÌ„ any resolution or iudgement Thys onlie will I propownde as yt were by the vvaye of coÌ„sideration dewly and deaplye to be wayed and thowght vpoÌ„ That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of ScotlaÌ„de and others altogether to the issewe of the Frenche Quene whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children as the aduersaries them selues coÌ„fesse he had not and that there was no lawfull impedimeÌ„te in them to take the successioÌ„ of the croune yt were any thinge reasonable or euer was ones mente of the parliamente that the kinge withowte cause shoulde disherite aÌ„d exclude them from the title of the crowne On the other side yf there were anye suche impedimente Wherof this surmised will geuethe owte a greate suspition yt ys to be considered whether yt standethe with reason and iustice vvith the honour of the kinge and the whole realme or vvith the mynde purpose and intente of the saide ê‘liamente that the kinge shoulde not onlie frustrate aÌ„d exclude suche l. fi pater ff quo in fraud credit l. filij famil ff de donat vvhose right by the coÌ„mon lavve ys moste evidente and notorious but call and substitute suche other l. 1. C. quae respign l. obligationem ff de pignot c. in general de regul iuris in 6. as by the same lavve are plainelie excluded In consideration wherof manie notable rules of the cyuill lavve do concurre Firste that whosover gevethe any man a generall aucthotitie to do any thinge In giuinge generall aucthority that seameth not to be coÌ„prised that the ê‘â—ie vvolde not haue graunted being specially demanded seamethe not to giue him aucthoritie to do that thinge which he vvolde not haue graunted yf his miÌ„de therein had bene severallie and speciallie asked and required Againe generall wordes eyther of the testatours or of suche as make any contracte I. promitteÌ„do cuÌ„ notat ibid. ff de iure dotium and speciallie of statutes towchinge any persons to do or enioye any thinge ovvght to be restrained and referred to hable I. quidam ff de verb. signific mete and capable persons onlie Yt ys further more a rule aÌ„d a principle I. vt gradat §. 1. de muner honor that statutes muste be ruled measured aÌ„d interpreted accordinge to the minde and directioÌ„ of the generall and coÌ„mon lawe Generall vvordes muste be referred to hable persons Wherefore the kinge in limitinge the successioÌ„ of the crovne in this sorte I. 2. Câ—de Nopal as ys praetended seamethe not to answere and satisfie the expectation of the parliamente puttinge the case there were any suche surmised impedimeÌ„t as also on the other syde likewyse yf there were no suche supposed impediment For here an other rule muste be regarded which ys that in testamentes contractes and namelie in statutes the generalitie of wordes muste be gentilie and cyvilie moderated aÌ„d mesured by the common lavve l. Fin § in coÌ„putatione C. de iurâ— de liber â—bi notat and restrained when so euer any man shoulde by that generalitie take any doÌ„mage and hurte vndeservinglie Yea the Statute shall rather in that case cease and quaile and be taken as voyde As for example yt appeareth by the ciuill lavve Alciat l. 1. verb. sig that yf yt be enacted by Statute in some cities that no man shall pleade againste an instrumente no not the executours Yet this not withstandinge yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour yf he deale feaithfullie and trewâ—ie rather then he shoulde vvrongfullye and with oute cause paye the testatours debte of his owne he maye come and pleade againste the instrumente Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances and Ladye Elenour or muche excessiue in theire childreÌ„ And so thowghe he had signed the sayde will with his hande yet the saide doinges seame not coÌ„formable to the mynde and purpose of the parliamente We vvill nowe goe forewarde and propownde other greate and graue considerations seruinge our saide purpose and inteÌ„te wherof one ys that in limitinge the crowne vnto the heires of the bodie of the Ladie FraÌ„ces the same Ladye then and so longe after liuinge the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable parliamente For as muche as the saide acte of parliamente gaue to him aucthoritie to limitt aÌ„d appointe the crowne to suche ê‘son or persons in reuersion or remainder as shoulde please his highnes meaninge therbye some person certaine of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes be intended For as muche as the saide Ladye Frances was then liuinge and therefore coulde then haue no heires at all By reason vvherof the people of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession 11 H. 4 fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente 19 H. 6 fol. 24. But to this matter some peraduenture vvolde seame to ansvvere and saye 11 H. 6 fol. 15. that althovvghe at the tyme of the saide
kinge Henries deathe the heires of the bodye of the saide Ladye Frances begotten vvere vncertaine yet at suche tyme as the sayde remainder shoulde happen to fall the saide heires might then certainlye be knowen In deede I vvill not denye but that paraduenture they might be then certaynlie knoweÌ„ but what greate mischeiffes and inconueniences might haue ensewed and yet maye yf the vvill take place vpon that ê‘aduenture and vncertaine limitation I vvolde vvishe all men vvell to note and consider Yt ys not to be doubted but that yt might haue fortuned at suche time as the remainder shoulde happen to fall to the saide heires of the Ladye Frances the same Ladie Frances shoulde then be also liuinge Who I praye you then shoulde haue had the crowne Paraduenture ye wolde saye the heyâ—es of the bodye of the Ladye Eleâ—â—our to whom the next remainder vvas appointed Vndowbtedlie that were coÌ„trarie vnto the meaninge of the saide supposed wyll For so muche as the remainder ys ther by limited vnto the heyres of the bodie of the ladie Elenour onlie for defaulte of issewe of the saide Ladie Frances Whereby yt maye be very plainlie gathered vpon the saide supposed wyll that the meanynge therof was not that the Chyldren of the Ladie Elenour shoulde enioye the crowne before the Chyldren of the Ladie Frances But what yf the sayde Ladie Elenour had bene then also lyvinge wich myght have happened for as muche as bothe the saide ladie FraÌ„ces and Ladie Elenour by coÌ„mon cowrse of nature myght have lived longer then vntyll thys daye Who then shoulde have had the crowne Trewlie the ryght heyre whom thys supposed wyl mente to exclude so longe as there shoulde remaine any issewe eyther of the bodie of the saide Ladie Fraunces or of the bodie of the saide Ladie Elenour lawfullie begotteÌ„ And therfore quite contrarie to the meaÌ„ninge of the saide supposed wyll Wherefore I do verelie thincke that yt woulde hardelie syncke into any reasonnable mans head that had anye experience of the greate wisdome and advised doinges of kinge Henrye the eyght abowte other matters beynge of nothinge like weyght that he wolde so slenderlie so vnadvisedlie and so vnlearnedlie dispose the succession of the crowne Where vpon the whole estate of thys Realme dothe depende in suche Wyse that they to whome he ment to geve the same by hys will coulde not enioy yt by the lawe Where vpoÌ„ ye maye plainlie see not onlie the greate vnlikely hodde that kinge Henrie the eight wolde make any suche will with suche slender advice But also that by the limitation of the saide will the succession of the crowne ys made more vncertaine and dowbtefull theÌ„ yt was before the makinge of the saide Actes of Parliamente which ys contrarie to the meaninge and inteÌ„te of the saide Actes and therefore with owte anie sufficiente warrante in Lawe But paradventure some here will saye that althowghe theis dangers aÌ„d vncerteinties might have ensewed vpon the limitation of the said â–ª vvill yet for as muche as they haue not happened neither be like to happen they are therefore not to be spoken of Yes verilie yt was not to be omitted For althovvghe theys thinges haue not happened and there fore the more tollerable Yet for as muche as theye myght haue happened by the limitation of the saide supposed will contrarie to the meaninge of the saide actes the vvill caÌ„ not by any meanes be saide to be made accordinge to the meaninge and intente of the makers of the saide statutes And therefore in that respecte the saide will ys insufficient in lawe And to aggravate the matter farthere ye shall vnderstande of greate incoÌ„veniences and imminent dangers which as yet are lâ—kelie to ensevve yf that supposed will shoulde take place Yt ys not vnknoweÌ„ but that at the time of the makinge of the saide will the saide Ladie Frances had no issewe male but onlie three dawghters betwene her and Henry Duke of Suff. Aftervvarde in the time of our late Sovereigne Ladie Quene Marie the saide Duke of Suff was attainted aÌ„d sufferid accordinglie After whose deathe the saide Ladie FraÌ„ces to her greare dishonour and abasinge of her self toke to her husbande one Adrian Stockes who was before her seruaÌ„te a man of verie meane estate and vocation and had issewe by him Whiche issewe yf yt were a sonne aÌ„d be also yet livinge by the wordes of the saide supposed will ys to inherite the crowne of this Realme before the dawghters betwene her and the sayde late duke of Suff. begotten Which thing was neither intended nor ment by the makers of the saide Actes Who can withe any reason or common defense thincke that all the states of the Realme assembled together at the saide ParliameÌ„te did meane to geve auctoritie to Kinge Henry the eight by hys lettres patentes or laste Will to disherite the Quene of Scottes liniallie disceÌ„ded of the bloude Roiall of this Realme and to appointe the sonne of Adrian Stokes then a meane servinge man of the Duke of Suff. to be Kinge and governour over this noble Realme of Englande The incoÌ„venience wherof as also of the like that might have followed of the pretensed mariage of Maistre Keyes the late sergeante Porter I referre to the grave consideratioÌ„s and iudgemeÌ„ts of the hoÌ„norable and worshipfull of this Realme Some paradventure will saie that kinge Henrie the eight mente by his will to dispose the crowne vnto the heires of the bodie of the saide Laide Frances by the saide Duke lawfullie begotten And not vnto the heires by any other person to be begotten Wiche meaninge althowghe yt myght verie hardlie be gathered vpon the saide supposed will yet can not the same be with owte as greate incoÌ„uenieÌ„ces as the other For yf the crowne shoul de nowe remaine vnto the heires of the bodie of the saide Ladie Fraunces by the saide Duke begotten then shoulde yt remaine vnto two dawghters iointelie they bothe beynge termed and certainlie accoÌ„pted in lawe but one heire And by that meanes the state and governement of thys Realme shoulde be changed from the auncient Monarchie vnto the governemente of manie For the title of the Ladie Fraunces beynge bywaye of remainder wich ys compted in lawe a ioynt purchase dothe make all the issue female inheritable alyke and can not goe accordinge to the aunciente lawe of a discente to the crowne Wich ys that the crowne by disceÌ„te muste goe to the eldeste dawghter onlye as ys afore saide For greate differeÌ„ces be in lawe where one cometh to any title by discente and where as a purchasser And also yf the one of those issewe female dye theÌ„ were her heire in the title as a severall tenante in taile And so there shoulde followe that so many dawghters so manie generall governours and so myght theire issewe beynge heyres females make the governemeÌ„t growe infinit which thinge was moste farre from the meaninge of the makers of the saide parliamente What yf the saide Kynge had by hys
not when there ys a lawfull and ordinarie succession As vvas euen amonge the Iewes from kinge Dauidis time albe yt he and kinge Saule before him came in by goodes and the peoples speciall election Wherfore I do admitt your principle to be vvell grownded vpon scripture that the choise and election of Princes muste be directed aÌ„d measured by godes holye worde will and pleasure What then I wolde fayne knowe by what logike by what reason a man maye thus conclude We owght to chose no stranger to our prince Ergo a stranger thowghe he be the iuste and nexte inheritour to the crowne muste be displaced The one dependethe of our owne free will and election Greate difference betwene succession election which we maye measure and rule as vve see good cause The other hangeth onlye vpon the disposition and prouidence of God There we maye picke owte choice Here we muste take suche as God sendethe There consente bearethe the stroke Here proximitie of bloude bearethe the swaye There vve offer no iniurie to any partye in acceptinge the one and leauiÌ„ge thother Here do we iniurie to God that dothe sende and to the partie that ys by him sente And to saye the trewthe it is but a maleparte controulemente of godes owne direction and prouidence For in the former parte we be the chosers and muste directe and gouerne our choice by reason and disctetion by the merite and worthines of the person Here all the choice all the voices are in godes hande onlie As good right hathe the infante in the svvadlinge clowtes as hathe any man called at hys perfecte age aÌ„d wisedome Yt ys a trewe saieÌ„ge Christiani fimus August de merit remis pec coÌ„tra Pel. l. 3. â— 8. 9 tom 7. iÌ„ questi ex nouo test c. 8. tom 4 we are made christian men we are not borne christian men Non nascimur But in this case of succession Reges nascuntur non fiunt meÌ„ are borne and noâ— made kynges Let this fellowe therefore coÌ„clude as strongelie as he can or will againste the chosinge of straÌ„gers Yet yf he briÌ„ge forthe no place oute of scripture against the succession of a stranger claiminge by proximitie of bloude Royall as farre as the man shotethe he shotethe to shorte to hitt the marke But lorde what an yll fauored shorte shote will yt be accoÌ„pted yf she be fownde no stranger at all Yt ys verye probable that in this place the scripture meanethe of a mere forener and stranger suche as were neither borne in Iurie nor of the Iewishe bloude For with suche aliens they were forbidden also to cople in mariage by reason they were Idolatours aÌ„d might thereby theÌ„ selues be occasioned as they were often times in deede abaÌ„done and forsake theire trewe and sincere religion Suche a straÌ„ger I am well assured this Ladie ys not to vs yf she be any stranger at all The Scottes and we be all christians and of one Ilande of one tongue almoste of one fashions and manners customes an lavves So that we can not in any wise accompte them amonge suche kinde of strangers that this place of Moyses mentionethe namelie the Ladye Marie the Quene of Scottes beinge not onlie in harte well affectioned and minded to all Englishe men as hathe by manie experimentes bene well knovven But also by disceÌ„te and Royall bloude all Englishe which she takethe from the noble kinges longe before the coÌ„queste and after the conqueste from the worthye Princes Henrie the firste and Edwarde the thirde and of late dayes from the excellente Prince kinge Henrye the seaventhe and hys davvghter Ladye Margaret her grand mother All vvhiche causes withe some other in suche number concurrante The Quene of Scottes no straÌ„ger ovvght rather to enforce vs to thincke and to take her as no stranger to vs then to estrange her from vs by the onlie place of her Natiuitie Whiche ys yet neverthelesse vvithin the fovver seaes and verie nighe to Englande by Osbrede bovvndinge at Sterlinge bridge Laste of all tovchinge the foresayde chapter of Deutronomye we affirme that yt ys vntrewe that ye saie aswell that this lawe of gouernemeÌ„te bindeth our kinges to the havinge and followinge of thys lawe as we have saide vnlesse to omitt other thinges ye wolde bynde our kynges also to receaue the deuteronomie at the haÌ„dâ—s of the leviticall tribe as that ye saie that God gave here a lawe to the Iewes to make or chose a kiÌ„ge and so coÌ„sequentlie all your illatioÌ„s owte of thys place seame to be of small force For to saie the trewthe as god neither gaue theÌ„ this or anye other lavve for chosenge of a kinge nor did â—idde or will them to chose a kinge so did the people moste grevouselie offende God in demandinge a kinge 3. Politic. For thowghe by the IudgemeÌ„te of Aristotle aÌ„d other Philosophers a Monarchie wel aÌ„d orderlie vsed ys the beste kinde of all other regimentes which God dothe also well like yet wolde he have no suche magistrate amonge the Iewes But as he chose them for his proper peculier and selecte people and ruled them aswell in the deserte as in Iudaea by a severall peculier aÌ„d distincte order aÌ„d governemeÌ„te from other natioÌ„s and after suche woÌ„derfull and miraculouse sorte as the like was never harde of in anye regimeÌ„te besides so wolde he also reserue to him self onlie the saide supremacye and monarchye Neither was he a â—itle angree with the Iewes nor they coÌ„mited any small fault but as yt were renovvnced and reiected godes ovvne monarchie in cravinge a kinge as holie scripture plainelye and openlie testifiethe 1. Reg c. 8. Non te inquit reieceruÌ„t sed me ne regnem super eos And the people afterwardes acknowledged theire fault Addidimus vniuersis peccatis nostris malum 1. Reg. 12. vt peteremus nobis regem God therefore did not bidd them or will them to chose a kiÌ„ge but foreknovvenge longe before by hys eternall foresight what they vvolde do thovvghe contrarye to hys blessed vvill and pleasure did in this as in other matters beare vvithe theire vvekenes and condiscended vnto the same And foretolde them in this sayde 17. chapter that in case they vvolde nedes haue a kinge of what kinde aÌ„d sorte he sholde be And therefore immediatelye before the wordes that ye recite thowe shalt make him a kinge over them ys this texte Cum ingressus fueris terram quam dominus Deus dabit tibi possideris eam habitauerÃsque in ill a dixeris CoÌ„stituam super me regem sicut habent omnes per circuituÌ„ nationes euÌ„ coÌ„stitues c. And vvheÌ„ thowe shalt come into the laÌ„de vvhich the lorde thie God geaveth the aÌ„d shall possesse yt aÌ„d dwell therin yf thovve saye I vvill sett a kinge over me like as all the natioÌ„s that are abowte me then thovv shallt make hym kinge over the whom c. Which wordes makinge for the illustration
senteÌ„ce as well in publike as in priuate causes Wâ—meÌ„s regiment in Spaine PortiÌ„gale â–ª Burgundie aÌ„d Flaunders Irmelgardis daughter of Conrade Duke of FraÌ„con Whose gouernement was also prosperouse happie and fortunate More ouer yt appeareth that the IllyriaÌ„s and Slauons were ruled by Quene Teuca what shall I speake of Spaine and Portugale of the Dukedome of BurguÌ„dye aÌ„d of the Erledome of Flaunders and of other partes of lower Germanie Conrade the Duke of FraÌ„conye and LaÌ„rgraue of Hesse vvas made countye Palatine of Rhene and Duke of LorraÌ„ne by the inheritance of his wife Irmelgardis Monster Cosâ— vniuersal li. 3. pag. 620. He had but one daughter who was maried to CoÌ„rade duke of Sueuia whereby he was made comtye Palatine of Rhene Agnes vvife to HeÌ„ry duke of Saxonie This Conrade had a dawâ—hter called Agnes maried to HeÌ„rie Duke of Saxonie and Limâ—burge who thereby enioyed the countie Palatine The like maye be sayed of diuers other partes of the Germanicall Empire Agenes wif to Henrie the 3. Emperour Yea a vvoman hathe ruled and gouerned the saide vvhole Empire as yt ys euideÌ„te in Agnes the vvif of the Emperour Henrie the thirde duringe the time of the minoritie of her sonne HeÌ„rie the fowrthe And yet the same Empire Paul Aemil lib. 3. ye wote well passeth by choise and election and not by liniall succession of bloude Chari li. 3. Yea manye hundrethe yeares ere she was borne and in the floreshinge time of the olde Romaine Empire Fulgo l. 8. cap 16. de dict fac memor Mesa Varia graÌ„dmother to the Emperours Heliogabalus and AlexaÌ„der Seuerus sat with the senate at Rome hearde and examined the vveightie causes of the Empire Crana noah daughter and sett her hand also to suche thinges as passed towchinge the publike affaires I do nowe adioine the kingdome of Sicilie Beros li. 5. Lâ—uâ— lib. 1. Dec. 1. and Naples in Italye of the vvhich I talye Noah vvhome the prophaâ—e vvriters call Ianus made Crana his dawghter rulâ—r aÌ„d Quene Aene. Sylui de Asia ca. 20. Where also Lauinia reigned after the deathe of Aeneas And as for Naples this presidente of vvomanlye gouernemeÌ„te ys not to be fownde there onlye of later yeares in bothe the Quenes called Iohanne Quene of Naples Amalacintha but eauen from verye Auncient time Which thinge the stories do recorde in Amalasyntha that gouerned after kinge Theodoricus with her sonne Athalaricê° Cronic Palmerij H. contracti MuÌ„st vniuers Cosmo. lib 4. The saide Amalasyntha vvas mother to Almaricus kinge of Spaine and after his death ruled her self the saide realme WomeÌ„s regiment in Loraine aÌ„d Mantua Lett vs nowe adde further the Dukedomes of Lorane Mantua the kiÌ„gdomes of Swethia Aeneas Siluiê° in desc Asiâ— c. 10. Hector Boet l. 1. Hâ— Sco. Vide la Geneal des Rois de FraÌ„c impr Paris 1561 in Carolo Magno of Dania and of Noruegia In the kiÌ„gdome of Svvethia Dania and Norwegia Boeame Hungarie and Scotlande Wherof Margarett the dawghter of waldemaâ—us was gouernesâ—e and Quene The kingdomes of Beame of Hungarie And to drawe nerer home the realme also of ScotlaÌ„de vvhich realme hathe denomination of a woman as theire stories reporte as hathe likewise FlauÌ„ders The like some of our stories reporte of EnglaÌ„de wherein I will make no fast foringe Now touchiÌ„ge the feminine successioÌ„ to the right of the croune of EnglaÌ„d Englande it ys no newe fownde succession and muche lesse vnnaturall We reade in our cronicles of Quene Cordell the thirde heire davghter of kinge Leire the tenthe kinge of Britannie that restored her father to the kiÌ„gdome beinge deposed by her tvvo other sisters We reade that abowte three hundred fiftie and fiue yeares before the Natiuitie of Christe Martia ê“ba Martiae proba duringe the nonage of her sonne did gouerne this realme full politikelye and vviseâ—ye HeleÌ„a mother to CoÌ„staÌ„tine the greate and established certaine lavves called Leges Martianae There be aswel of our owne as of externall historiographers that for a moste certaintye affirme that Helena the noble Constantine his mother vvas a Britane Onuph de Rom. priÌ„c Eusâ—bi de vita CoÌ„staÌ„ lâ— 1. and the onlye dawghter and heire of Coëlus kinge of Britane and that the saide constantine was borne in Britanie suerlye that his father Constantinus died in Britanye at yorke Eutropius and that the saide Constantinus begane his noble victoriouse race of his moste worthie Empire in Britanye yt ys reported by Aunciente vvriters and of greate faythe and creditt And likevvise that longe before the saide Helens time vvomen bare the greateste svvaye Britanes had vvomen for theire Capitaines in vvarfare Voadicâ— Amonge other Coâ—nâ—lius Tacitus writethe thus His atque alijs inuicem instructi Voadica generis regij foemina duce neque enim sexum in imperijs discernunt sumpsere vniuersi bellum In vita Agricolae We have nowe alredie shevved of Henrie the seconde Henry the secoÌ„dâ— kinge by hys mothers right who obteined the crowne by hys mothers right Which sayde kinge by the title of his wife and after him his successours kinges of Englande did enioye the Dukedome of Aquitania and the ErldoÌ„e of Poyctieres Vide AlliaÌ„t geneal claud paradini 1561. as the saide kiÌ„ges successours shoulde haue done also as we haue shewed before the Dukedome of Britanye yf Arthure kinge Richardes nephevve had not by the vsurpinge of kinge Iohan his vnnaturall crueltye died withovvte issewe And by what other right then by the womans inheritance devve to kinge Edwarde the thirde by his mother the FreÌ„che kinges Davvghter do the kinges of this realme beare the Armes and title of the kinges of France The Frenche men make not vvomens regiment vnnaturall And thovvghe the french men thâ—nâ—ke theire parte the better against vs yt ys not but vppon an olde politike lawe of theire owne as they saye aÌ„d not vpon anye suche fonde grovvnde as ye pretende that womens regiment ys vnnaturall Which regimente ye stowtelie affirme to be farre a sonder from any naturall regimente Yea trewlie as farre as was the boyes head from the shovlders the laste Bartholomewe fayre at London Which manie a poore sowle did beleave to be trewe For as the boyes head remained still vpon hys necke and shoulders thowghe yt seamed by a light livelie Legerdemayne to be a greate waye froÌ„ the bodie So wolde ye nowe caste a myste before our eies and make vs beleave that womanlie governemente and nature be so deuided aÌ„d sondred that they maye in no wâ—se be linked aÌ„d cowpled to gether But suerlie the Frenche nation was never so vnwise to thincke this kinde of governemente repugnante to nature or to godes hâ—lie worde for then they wolde never have suffered theire realme to have bene so often governed and ruled by women in the time of the Nonage or absence of theire kinges as by