the kiÌ„ge Yet vntill suche time as the Kinge be intitled ther vnto by matter of recorde the inheritance remaynethe in the alien by the opinioÌ„ of all men And so ys a verie alien capable of inheritance within this realme And then it muste nedes fall ovvte plainlie that your generall maxime vvhere vpon you haue talked and braged so muche ys novve become no rule of the common lavve of this realme And yf it be so then haue you vttered very many vvordes to small purpose But yet let vs see farther vvhether there be any rule or maxime in the coÌ„mon lavve that maye seame any thinge like to that rule Whervpon any matter maie be gathered against the title of the saide Marie Quene of Scotland There ys one rule of the coÌ„mon lavve in vvordes somevvhat like vnto that vvhiche hathe bene alleaged by the aduersaries Whiche rule ys sett forthe and declared by a statute made An. 25. of Kinge Edwarde the thirde Whiche statute recitinge the dovvbte that then vvas Whether infantes borne ovvte of the allegiance of Englande shoulde be able to demaunde any heritage vvithin the same allegiaÌ„ce or no Yt vvas by the same statute ordained that all Infantes inheritours Whiche after that time shoulde be borne owte of the allegiance of the kinge whose father and mother at the time of theire birthe were of the faithe and allegiance of the kinge of Englande shoulde haue and enioye the same benefittes and aduantages to haue aÌ„d carrie heritage within the saide allegiance as other heires shoulde Where vpon yt ys to be gathered by dewe and iuste construction of the statute and so hathe bene heretofore coÌ„monlie taken that the common lawe alwayes was and yet ys that no person borne owte of the allegiance of the kinge of Englande whose father and mother were not of the same allegiance shoulde be able to haue or demaunde any heritage within the same allegiance as heire to any person Whiche rule I take to be the same supposed maxime whiche the adâ—saries do meane But to stretche yt generallie to all inheritances as the aduersaries wolde seame to do by anie reasonable meanes caÌ„ not be The statute of Edvvard 3. anno 25. touchethe inheritaÌ„ce and not purchasse For as I haue saied before euery straÌ„ger and alien borne maye haue and take inheritance as a purchasâ—er And if an alien do marrie a woman inheritable the inheritance therby ys bothe in the alien and also in his wife And the alien therby a purchasâ—er No man dowbteth but that a denizen maye purchasse landes to his owne vse 11. H. 4. fol. 25. but to inherite landes as heire to any person vvith in the allegiance of Englande he can not by any meanes So that yt seamethe verie plaine that the saide rule bindethe also denizens and dothe onlie extende to discentes of inheritance and not to the hauinge of anie landes by purchasse Nowe will we then consider whether this rule by any reasonable coÌ„struction can extende vnto the ladie Marie the Quene of Scotlande for and concerninge her title to the crowne of EnglaÌ„d Yt hathe bene sayed by the aduersaries that she was borne in Scotlande whiche realme ys owte of the allegiance of Englande her father and mother not beinge of the same allegiance And therefore by the saide rule she ys not inheritable to the crowne of this realme Althowghe I might at the begininge verie vvell and orderlie denie the consequente of your argumente yet for this time we will firste examine the antecedente whether yt be trewe or no And then consider vpon the consequenâ—e That the Quene of Scotlande was borne in Scotlande Scotlande ys within the allegiaÌ„ce of Englande yt must nedes be graunted but that Scotlande ys owte of the allegiaÌ„ce of EnglaÌ„de thowghe the saide Quene of Scotlande and all her subiectes of Scotlande vvill stovvtely affirme the same yet there are a greate nomber of men in Englande both learned and others that be not of that opinion beinge ledd and persvvaded there vnto by diuers histories registers recordes aÌ„d instrumeÌ„tes of homage remaininge in the treasurie of this realme Wherin ys mentioned that the kinges of Scotlande haue acknovvledged the kinge of Englande to be the superiour lorde ouer the realme of Scotlande and haue done homage aÌ„d fealtie for the same Which thinge beinge trevve not vvithe standinge yt be comonlie denied by all Scottes men then by the lavves of this realme Scotlande muste nedes be accompted to be vvith in the allegiance of Englande And altowghe sins the time of kinge Henrie the sixt none of the kinges of ScotlaÌ„de haue done the saide seruice vnto the kinges of Englande Yet that ys no reason in our lavve to saye that therefore the realme of Scotlande at the time of the birthe of the saide Ladye Marie Quene of Scotlande beinge in the thirtie and fovverthe yeare of the reigne of our late Souereigne lorde kinge Henrie the eight vvas ovvte of the allegiance of the kinges of Englande For the lavve of this realme ys verie plaine that thovvghe the tenaunte do not his seruice vnto the lorde yet hathe not the lorde therby lost his seigneurie for the lande still remainethe within his fee and seigneurie that not with standinge The lorde losethe not his sâ—igniâ—rie though the tenaÌ„te dothe not his seruice But paraduenture some vvill obiecte and saye that by that reason FraÌ„ce shoulde likevvise be sayed to be with in the allegiance of Englande for as muche as the possession of the crovvne of France hathe bene vvithin a litle more then the space of one hundred yeares novve laste paste lavvfullie vested in the kinges of EnglaÌ„d Whose right and title still remainethe in the Quenes maiestie that novve ys To that there ys a greate difference betvvene the right and title vvhiche our Souereigne ladie claimethe to the realme of France aÌ„d the right and title vvhiche her highnes claimethe to the realme of ScotlaÌ„d Althowghe yt be trevve that the kinge of Englande hathe bene lavvfullie possessed of the crowne of France vvhose right and title by iuste and lavvfull succession ys deuolued vnto our saide Souereigne ladie Yet duringe suche time as her highnes by vsurpation of other ys dispossessed of the saide realme of France the same realme by no meanes can be saide to be with in her highnes allegeaÌ„ce especiallie coÌ„sideringe howe that sins the time of vsurpation the people of France haue wholie forsaken theire allegeance and subiection whiche they did owe vnto the kinges of EnglaÌ„de And haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the realme of Scotlande yt ys oterwise For the title which our Souereigne Ladie and Quene and her ê“genitours haue claimed vnto the realme of ScotlaÌ„de ys not in the possession of the lande and crowne of Scotlande but onlie vnto the seruice of homage and fealtie for the same And althowghe the kinges of Scotlande sithe the time of kinge Henrie the eight haue intermitted to do the saide homage and fealtie to the kinges of England Yet
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
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
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
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
geuen to him by acte of parliameÌ„te the orderinge and disposition of all chauntries and colledges He did neuer or verye litle practise execute this aucthorité And shall vve thincke oneles full and sufficient proufe necessarilie enforce our creditt that the kinge to his no preseÌ„te comoditie and aduantage but yet to his greate dishonour to the greate obloquie of his subiectes and other coÌ„treyes to the notable disherison of so manye of the nexte royall bloude did vse any suche aucthoritie as ys surmised Againe yf he had made any suche assignation In this supposed will ys no condition for the mariage of theyres of the Ladie FraÌ„ces as is for the kiÌ„ges ovvne davvghters Who dowbtethe but that as he conditioned in the saide pretensed vvill vvith his noble dawghters to marrie vvith his counsailes aduice either elles not to enioye the benefitt of the succession He vvolde haue tied the saide Ladie Fraunces and Ladie Elenours heires to the same condition Farthermore I am driuen to thincke that there passed no suche limitatioÌ„ by the saide kinge Henries vvill by reason there ys not nor vvas theis manye yeares any originall copie therof nor any authenticall recorde in the chauncerie or elles vvhere to be shewed in all Englande as the aduersaries them selues confesse and in the copies that be spredd abrode the vvitnesses pretended to be presente at the signinge of the saide vvill be suche for the meanenes of theire state of the one side and for the greatenes and vveight of the cause on the other side as seame not the most sufficieÌ„te for suche a case The importance of the cause beinge no lesse then the disherison of so manye heires of the crowne As vvell from the one sister as from the other requirid and craued some one or other of the priuie counsaile or some one honorable and notable ê‘son to haue bene pÌ„sente at the sayd signinge or that some notification shoulde haue bene made aftervvarde to suche persons by the kinge him self or at leaste before some notarie and authenticall person for the better strengtheninge of the saide will Heare ys nowe farther to be considered that seinge the intereste to the crowne ys become a plaine testameÌ„tarie matter and claime and dependethe vpon a laste will when and before what ordinarie this will was exhibited allowed and proued Where and of whome toke the executours theire othe for the trewe performance of the will No order taken for the ê“batioÌ„ of the supposed will Who committed to them the administration of the kinges goodes aÌ„d chatttelles When and to whome haue they browght in the inueÌ„torie of the same Who examined the vvitnesses vpon theire othe for the tenour and trevvthe of the saide testamente Namelie vpon the signement of the kinges hande wherein onlie consistethe the vveight of no lesse then of the crowne yt self Where or in what spirituall or temporall cowrte maye one finde theire depositions But yt were a verie harde thinge to finde that that as farre as men can learne neuer was And yet yf the matter were so plaine so good and so sownde as theis meÌ„ beare vs in haÌ„de yf the originall testament had bene suche as might haue bydden the towchestone the triall the light and the sight of the worlde Whie did not theye that enioyed moste coÌ„moditie thereby aÌ„d for the swaye and auctoritie they bare might and owght beste to haue done yt take coÌ„uenyent aÌ„d suer order that the originall might haue bene dewlie and saufelie preserued or at the leaste the ordinarie probate which ys in euerie poore mans testameÌ„te diligentlie obserued might haue bene procured or seen One or other authenticall instrumente therof reserued The adâ—saries theÌ„ selues see well inowghe yea and are fayne to coÌ„fesse theis defectes but to helpe this micheif they wolde faine haue the enrolemente in the chauncerie to be taken for a sufficiente probate The enrollement in the chauncerie ys nâ— probation by cawse as they saye bothe the spirituall and temporall auctoritie did concurre in the kinges ê‘son Yet do they knowe well inowghe that this plaister will not cure the sore And that this is but a pore helpe aÌ„d shifte For neither the lâ—es patentes nor the enrolemeÌ„te maye in any wise be cownted a sufficieÌ„te probate The chauncerie ys not the cowrte or ordinarie place for the probate of vvilles not the rolles for recordinges the same Bothe muste be done in the spirituall cowrtes vvhere the executours also muste be impleaded and geue theire accompte vvhere the weakenes or strengthe of the will muste be tried the witnesses examined Finallie the probate and all other thinges therto requisite dispatched or yf yt maye be done by any other person yet muste his aucthoritie be shewed the probate and all thinges muste be done accordingelie And amonge other thinges the vsuall clause of Saluo iure cuiuscunque muste not be omitted Whiche thinges I ame assuerid the recordiÌ„ge in the chauncerie can not importe but this cautioÌ„ and prouiso of Saluo iure cuiuscunque which ys moste coÌ„formable to all lawe reason did litle serue some mens turne And therefore there was an other caution and ê“uiso that thowghe the poorest maÌ„s testameÌ„te in all EnglaÌ„d hath this prouiso at the ê“bate of the same yet for this testameÌ„te the weighty este I trowe that euer was made in EnglaÌ„d no suche probate or clawse can be fownde either in the one or the other cowrte Yet we nedes muste all this not with staÌ„dinge be borne in hande and borne downe that there was a testamente and wyll formablie framed accordinge to the purpose and effecte of the statute Yet muste the right of the imperiall crowne of Englande be conveyed and carried awaye with the colour and shadowe onlie of a will I saye the shadowe onlie by reason of an other coniecture and presumption vvhiche I shall tell you of Which ys so liuelie and effectuall that I verelie suppose yt wil be verye harde for any man by any good and probable reason to answere and auoyde the same And ys so importante and vehement that this onlie might seame vtterlie to destroye all the aduersaries coniecturall prouffes concerninge the maintenance of this supposed will We saye therefore and affirme that in case there had bene any good and suer helpe and hand faste to take and holde the crowne for the heires of the Ladie Frances by the saide will that the faction that vniustlie intruded the Ladie Iane eldest dawghter to the saide Ladye Frances to the possession of the crowne vvolde neuer haue omitted to take receaue and embrace the occasioÌ„ and benefitt therof to them presentlie offered They neyther wolde nor coulde haue benâ— driuen to so harde aÌ„d bare a shifte as to colour theire vsurpatioÌ„ against the late Quene Marie onlie and our gratious Souereigne Elizabethe A greate pÌ„sumptioÌ„ agaiÌ„ste the supposed vvill for that the late pretensed Q. Iane did not vse the benefitt of the same agaiÌ„st the Quene of Scoâ—es and others
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
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
all seake vnlavvfull meanes to his distrustion This vehement presumption of her innocencie is much holpen for that she vvold not coÌ„sent to a diuorse betvveÌ„ her and the lorde Darlie as vve shall hereafter declare thoughe she vvere moued thereto by a greate numbre of her nobilité and by such as be nowe her greateste aduersaries â— adde farther thereto as a greate and an vrgeÌ„te presumptioÌ„ and token of her innocencie and pure conscience The Quene coÌ„trarie to the minde of her nobles came into Englande that she voluntarilie came into Englande refusinge the offers of diuers of her ovvne subiects vvho besovvght her grace to repaire into theire quarters proferringe to preserve her grace sauf therein vvhere she knevve right vvell vvere the father and mother of the saide lorde Darlei And a noble Quene that vvolde not see the bloudde of her neare cosen vnrevenged and a vvorthie sorte of men of nobilitie also vvho vvolde neither suffer suche a facte to passe and escape vnpunished nor so vertuouse and gwyltles a Quene to remaine withoWte aide helpe and succour beinge Withe rebells aÌ„d traitours shamefullie opressed aÌ„d bereaued of her roiall dignitie The worthie sainge also of the Wise Cassius Cicero pro milo ys here to be remeÌ„bred The notable saieÌ„ge of Cui bono Wherby he did signifie that in suche dowbtfull coÌ„iectural cases a man maye make a greate aime and coniecture against the persoÌ„ appeached Cassiê° cui bono yf by the facte doinge he shoulde enioie anie special profitt emolumente or commoditie Yf the Quene had after his fatall and finall ende purchased to her self the matchinge in mariage Withe anie greate and mightie Prince for her greate aduancement or anie other encrease of her honour or aduantage whatsoeuer there had bene some color aÌ„d shewe Whereby you might haue an apparent presumptioÌ„ Againe she was not ignorante but that his deathe either procedinge from suche nawghtie meanes or otherwise naturallie was likelie to be a meruelouse greate staie and impedimeÌ„te to her greate affaires AmoÌ„ge other things the testimonie aÌ„d coÌ„fessioÌ„ of diuers gwyltie as they be reported executed in ScotlaÌ„de for the saide offeÌ„ce which they opeÌ„lie made at the time of theire deathe dothe tende muche to the aduancinge and approbation of her innocencie Theys men yet paradueÌ„ture will replie and saye that theys are but slender presumptioÌ„s And yet were yt so that they were of force sufficiente they must yelde to an approued trewthe It remainethe now then that We coÌ„sider hovve suer and substanciall theire prouf ys Concerninge therefore the first ê‘te We Will not al to gether denie but that she Was somewhate estraÌ„ged from him aÌ„d therefore they might haue spared a greate sorte of theire neadelesse aÌ„d friuolouse arguments and yet flatt and plaine lies Withall to proue the same But fie vpon the crueltie of theis accusers The Quenes ennemies laye to her discorde with the lorde Darley wherof they were the authours Who vvere the verie authours them selues And them selues the onlie Workers and bringers to passe of all this discorde traininge this selie yonge gentleman by theire gwylefull and vvilie circumuentions Wretchedlie to conspire Withe them against his owne deare Wife and dreade Souereigne to the moste cruell and detestable slawghter of her trustie Secretorie Dauid and to the imprisonmente of the roiall person of the verie Quene her self Theis and manie other like prancks and practises as the reuocation of you the Erle murraie and of other traitours of your allie and affinitie vvith ovvte the Quenes knowledge by the lorde darley his yowthfull rashe and temerariouse deuice to departe the reaulme vvithe manie other like practises purposes and atteÌ„pts for his princelie parson verye vnmete and farre vnseamelie ye craftelie suppresse and speake no vvorde off for feare off burnynge your ovvne clothes I saye therefore fie aÌ„d dovvble fie vpoÌ„ the impudeÌ„cie of theis traiteurs Novve to laye to the Quenes charge and reprochfullie to obiecte to her changinge of her minde tovvarde her husbande vvich rose aÌ„d begane vppon causes for the vvich they had bene longe earst trysed vppe yff they had not fortuned vppoÌ„ aÌ„d mett vvith so gratiouse a maistresse As I knovve and they thovvghe vndeseruinge yt do vvell feale that the vvhole vvorlde hathe verie fevve her like And yet all this your preteÌ„sed alienation of her accustomed faueur from hym not vvith staÌ„dinge her verie motherlie care for besids all other respects thovvghe they Were not farre differente in yeares she vvas to him not onlie a loyall Prince a louinge aÌ„d deare vvyfe but a most carefull and tendre mother vvith all vvas neuer a deale lessed or minisshed Albe yt for a time she did dissemble and forebeare ovvtevvardelie to shevve and vtter her invvarde harte and affectionate loue vpon moste iuste and good respects As the manner and practise of prouidente and moste louinge parents oftentimes ys tovvarde theire deare children for the better reclaiminge of the vvanderinge minde and vvaueringe vvill of the yovvthfull vnaduised gentleman And therfore heatinge and advertissed that he vvas repentante and sorovvfull and that he desired her presence she vvithoute delaie thereby to renevve quicken and refreshe his sprites aÌ„d to comforte his harte to the amendement and reparinge of his healthe lateli by sicknes sore impaired The Quene vvas fullye reconsiled to the l. Darley before his deathe hasted vvith suche speade as she conuenientlie might to see and visit him at clasco Where as also at diuers other places especiallie at Edenborovvghe she froÌ„ time to time most louingelie entertayned and most tenderlie cherisshed him euer eauen to the verie laste hovvre that euer she savve him Whereby yt did to all men moste euidentlye appere that all manner of displeasure or variaÌ„ce vvhatsoeuer your coniecturall surmises suppose to haue bene betvvene them or your seditiouse practises and ambitiouse procedings had sovven in theire stomaks and mindes vvas not onelie novve vvell asvvaged and fullie appeased but vtterlie for euer quenched as beinge altogether forgotten and troden to your muche mislikinge and greate discomforte vnder foote of them bothe neuer to be renevved againe But for as muche as theys men do vvell perceaue that yâ— this be treve which ys in deade so certaiÌ„elie trevve that they them selues are for the manifest euidence therof eauen driuen and forced to acknovvledge and confesse the same Then theire greate Samsons post of discorde and debate vvhere vvithe they vvolde vnderproppe and vpholde all theire traiterouse procedings as also this theire mischiuouse accusation and greauouse crimination the vvhiche they had fullie novve conceaued and brovvght as they hoped to perfection by the mischeuouse drifts of theire shrevvde vvilie develishe disposed braines against her vvolde faile then fall to the grovnde For this consideration I saie they novve measuringe theis moste commendable doings of the verie vertuouse and vvell meaninge Quene by theire ovvne deape and doble dissemblinge craftie nature theire former drifte failinge them begane to
saide as what vve further shall saie in supplemente of full answere and then to iudge and deme of the matter none otherwise then reason equitie lawe do craue They shall at lengthe finde owte and throwghlie perceaue and knowe theis mens dealings and doings Who as yet cover theire fovvle filthie lienge detestable practizes and traiterouse enormities withe suche a visarde of counterfeite false fained holines and suche excedinge greate shewe of zeale to the Quenes honour in punishinge off malefactours and to the preseruatioÌ„ of the state of the realme as thowghe all the worlde vvolde fall and goe to rewen yf yt were not vpholden vnderpropped by the streÌ„gthe of theire showlders Theie shall see hovve they will appere in theire owne naturall likenes so ovvgelie that all good harts vvill vtterlie detest them and thincke them most vvorthie for example sake to all the Worlde hereafter of extreme punishemeÌ„te We affirme then first that as they have produced nothinge in the vvorlde tovvchinge the principall points As of the lorde Darleies deathe the acquitall of the Erle Bothvvell and the Quenes mariage vvith him iustlie to charge her vvithall So are theie them selues asvvell for the saide acquitall and mariage as for theire damnable and rebellyouse attempts against theire Sovereigne and for manie other enormous crimes so farre and so deapelie charged â–ª so fovvlie stained and so shamefullie marked and noted that never shall they Withe all theire hypocriticall fine fetches be able to rubbe ovvte the dirtye blotts therof from theire skirts Whiche thinge vvilbe easelie perceaved of them that vvyll vouchesauf and aduisedlie coÌ„sider the fonde friuolouse and contradictorie excuses they make in theire ovvne defence At the begininge theire open surmised quarrell vvherby they vvente abovvte to dravve the peoples harts to them selves and to strengthen theire ovvne faction stode in three poynts as appearethe by theire excuses and by theire pretensed proclamations The first vvas to deliver the Quene from the Erle Bothevvell vvho violentlie deteined her The causes that the Rebells pÌ„tended at the begininge and to preuent daungers immineÌ„t to her parson The seconde to reuenge the kings deathe vpon the saide Both vvell vvhom they knevve as they pretended to haue bene the principall doer in the execution of the saide murther The thirde Was to preserue the yonge Prince the Quenes soÌ„ne This ys theire iolie and holie preteÌ„ce Novv lett vs see hovve conformable theire vvorthie procedings are to theis theire colorable cloked holie collusions The fyrst gentle and humble admonition that theis good louinge subiects gaue her An ansvvere to the first to reforme the surmised enormities vvas in battell arraye at Bortvvike castle vvhiche they thovvght vpoÌ„ the sodaine to haue possessed vvith the Quenes person vvher vpon they beinge disapointed therof gatt into the tovvne and fortresse of Edenborowghe by the treasoÌ„ of Balfoure the capitaine therof and of Cragmiler the prouoste of the citie Wherbi they beinge the more animated to followe and prosequute theire vvicked enterprise begane nowe to be stronge in the filde The Quene hauing also a good stroÌ„ge armie and thinckinge her self vvell able therby to encounter vvithe the ennemie and to represse theire furiouse outrage yet not vvithestandinge for the greate loue aÌ„d pittie she toke of them thovvghe rebelliouse subiects Wilinge as muche as in her laye to kepe and preserue theire bloudd from shedinge offered them fayre of her owne free motion that yf they wolde peaceablie come to them and take dewe and conuenient order for the redresse of all suche things as might appere by lavve and reason mete to be reformed Wher vpon the lorde Grange was sente by the lords to her The lorde Grange ê“mised vpoÌ„ his knees obedience in all the rebells names Who in all theire names moste huÌ„blie vpoÌ„ his knees assured her of all dewe obedience of securitie and sauftie of bothe her life and honour And so the good ladie her conscience beringe her vvitnes of all her iuste and vpright dealings and therefore nothinge mistrustinge dismissinge her armie yelded her self to the lords Who conueyed her to Edenborowghe aÌ„d there sett her at suche a meruelouse libertie and in suche securité and safetie that all good men to the Worlds ende Will vvonder at theire excediÌ„ge good loyaltie Fyrste kepinge her owne pallace they sett and placed her in a marchants howse and vsed her otherwise verie homelie She nowe consideringe and perceauinge to vvhat ende theis matters tended most pittifullie cried ovvte and called vpon them to remember theire late promisse or at the leaste that she might be browght before the counsaile offeringe to stande to the order and direction of the states of the realme but God knovvethe all in vaine Foâ— novve had they the praye vvheron they intended to vvhett theire bloudie teathe or they did dismisse or forgoe her as the euente dothe declare Wherefore in the night priuelie she vvas conuaied and vvithe haste in disgvvised apparrell The Quene inprisoned at lochleuen to the stronge forte of Lechleuen and after a fevve dayes beinge stripped ovvte and spoiled of all her princelie attyremeÌ„te vvas clothed vvith a course brovvne cassocke After this theis good loyall subiects practisinge aÌ„d encreasinge more and more dailie the performance of theire saide promised obedience neuer ceased vntill they had vsurped the full auctoritie and regiment of the vvhole In to the vvhiche thovvghe they had entruded them selues yet seinge as blinde as they vvere by disordinate vnseamlie and vnmeasurable ambition that the Quene remained and vvas still Quene and that there vvas no iuste cause by the ordinarie course of the lavve or for anie her demerites deserts to briÌ„ge her forthe to her triall that she might be conuicted aÌ„d deposed vvent like good honest plaine men and vvell meaninge subiects bluntlie to vvorke and consulted and determined to dispatche and ridd her ovvte of her lif vnlesse she vvolde yelde to them aÌ„d subscribe suche vvritings as they vvolde sende to her concerninge the demission of her crovvne to her sonne and the regimente of the reaulme to the Erle Murraie Wher vpon the Erle of Athole Secretorie Ledington withe other principall of theire factious bande sent Robert Miluen to Lechleuen to vvill her in anie case yf she sovvght the sauuegarde of her life to condiscende to such demandes and to sett her hande to suche vvritings as shoulde be proposed and brovvght vnto her Whiche as they saide to do The Quene threatned to be ridd avvaye yf she wolde not renoÌ„ce her crovvne neuer coulde be preiudiciall to her beinge by force and violence extorted Syr Nicholas Throkmarton also beinge then ambassadour there for the Quene of England gaue her the like aduice Novve at the laste comethe the lorde Lindzaye sente in comisssioÌ„ from theire counsaile to presente and offer vnto her the writings who most greauouselie withe full fearefull words verie cruell sterne countenaÌ„ce threatened her that vnlesse she Wolde therto subscribe she shoulde lose
her life But call you this a free and voluntarie yeldinge ouer and resignation of the crovvne A voluntarie assignation of the regimente to you the Erle Murraie Yea suerlye as free and voluntarie as a man withe hys ovvne hands castethe into the sea hys goods in a maine and raginge tempeste frelie and voluntarelie savinge that paraduenture ye maye replie and saye that there ys so muche wyll in hym that he had rather byde the adueÌ„ture of hys goods riches then of hys verie life beinge contented to redeme the saufegarde of hys life withe the losse of hys goods And yet as voluntarie as ye make yt Free and voluntarie ye shall no more make yt then ye shal be able to prove that the peoples good will was alienated from her as ye surmise For the procuringe werof ye have by your craftie slaunderouse leasings and wretched practizes done all the endevour your maliciouse and spitefull braines coulde invente and searche oute But suerlie your doings have bene so gratiouse that yf she had bene so gratiouse that yf she had bene deadelie hated before they might haue procured and gotten her a vvonderfull loue and fauour of the people againe And vvhereas she vvas eauen as she well deserued moste entierlie and tenderlie beloued before novve ye haue by theis your so tragicall and tirannicall procedings purchassed to her suche an augmentation and encrase of the same especiallie vvhen that the people amonge vvhome for a vvhile some ye haue throvvghe your colorable craftie conueyances made to misdeame and haue somevvhat the vvorse likynge of her shall throvvghelie and perfectelie vnderstande and knovve your saide vvilie policies as more and more dailie they do that she shall be muche beholdinge but no God haue mercie to you therfore But novve to procede and goo forevvarde vvithe your louinge loyall procedings tovvards her ye neuer ceased nor stayed vntill ye had procured aÌ„d obteined a colorable parliameÌ„te vvherebie ye gott your vsurped and vnnaturall kingdome ratefied and confirmed And not onlie all your vvicked practises alredie paste but eauen vvhat mischefe soeuer you vvolde shousde aftervvarde passe also against her quietnes and saufetie And thus beholde theis huÌ„ble obediente lovinge subiects have purchased aÌ„d procured a commission longe before hande the like wherof as I suppose was never iÌ„ the vvorld harde of afore in any vvhatsoeuer rude savage aÌ„d barbarouse natioÌ„ or contreye to slaie kyll and murther theire ovvne Sovereigne Quene a moste innocente Ladie at theire ovvne vvills and pleasure The vvhiche theire saide commission they had in this vvise executed longe ere this as yt ys crediblie thovvght yf God had not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the proverbe ys vvonderfullye eluded and myraculouselie frustrated thys theire mischevouse maliciouse purpose and entente And yet ys there one iniurie more that dothe greaue more and moleste this good gvviltlesse ladie theÌ„ all theis foretolde naughtie partes played of them againste her And suerlie not vvithoute iuste cause of greyf for in deade yt farre passeithe and excedeithe them all And that ys theire shamefull most traiterouse diffaminge her beinge all together innoceÌ„te therein vvith the deathe of her husbande as thovvghe that she had suborned the Erle Bothevvell therto and revvarded hym therefore vvith the mariage of her ovvne bodie Here perchaunce they vvill saye â–ª Marye this ys our cheif quarrell in deede this vvas the marke vve principallie shott at The greate love and zeale vve beare to Iustice An ansvvere to the secoÌ„de and the earnest desire vve have to purge and ridd the realme of the slaunder and infamie that arisethe therto by this horible facte movethe and stirrethe vs vpp to seake by all meanes vve can the punisshinge of the sayde Erle vvho vvas the comitter and cheif perpetratour therof Yf yt so be suerlie there ys vppon the sodaine comen vpon you a meruelouse devotion For Whie Were not ye and your bande and adherents the cheif and principall authours assisters favvters ayders and abatours for the clearinge and iustifienge of the saide Bothvvell accused and indighted as gvviltie of the saide murther What ys yt that makethe you novve so hott that then vvere so coulde Belike the vvorlde and vvether ys a nevve changed and altered of late Yet tell vs vve praye you in good erneste vvas your principall scope zeale to apprehende the Erle Bothvvell tell vs then a good cause whie you dimissed him The Quenes ennemies dimissed the Erle Bothwell wheÌ„ thei might haue takeÌ„ him vvheÌ„ you might haue had him at your pleasure Did not the foresaide Grange cominge to the Quene from you speake to him also did he not take him by the hande vvill him to departe assueringe and tellinge him that no man shoulde followe to pursewe him Did not the Erle remaine in the coÌ„tree at hande manie monethes after vntill the returniÌ„ge home of the Erle Murraye And then for a face and countenaÌ„ce there were made ovvte to the seas certaine shipps to appreheÌ„de him yt beinge of you pretended that he vvas novve become an arrant pirate aÌ„d rouer vpon the seas Naye naye yt vvas not he you so longe sovvght after yt Was an other birde and her ye had faste in the cadge and therefore ye permitted the Erle to flye vvhither he vvolde But yet you saye in your accusation putt vpp to the Quene of Englande and her commissioners that as he vvas the cheif executour of the saide lorde Darleys deathe so she vvas of the fore knovvledge and counsaile yea and the mainteiner therof also aÌ„d therfore she bothe stopped the inquisition of the facte and punishemente of him And also matched her self in mariage with him I aske then as before of you vvhie throvvghe the speciall suite and procuremente of your faction he vvas acquited and sett on cleare borde Whie did you vvithe a greate parte of the nobilitie moue further and vvorke the saide mariage as moste meteste and necessarie for your Quene Whie did you as by your hande vvritinge yt vvill appere The Quenes enimies bownde by they re haÌ„de wrytinge to obey the Erle Bothevvell if he maried the Quene proferre and promise to hym your faithfull service to her your loyall obeyssance Why dyd none of all your faction nor anie other else eyther openlie or priuatelie declare detecte this matter to your Quene before the pretended mariage Was there no tyme nor occasion and oportunitie to geve her warninge therof but by the terrible and fearefull blaste and sownde of the martiall trompett For she good innocente ladie hathe vpon her honour protested and planelie declared the wiche her ê“testation also the disorderlie ambitiouse and tragicall doyngs of theis rebelliouse and traiterouse subiects do muche helpe and confirme that afore her takinge and imprisonmente she never knewe who were either principall or accessarie or by anie meanes culpable and blame worthie concerninge the saide murther Towchinge the thirde pointe yt ys not vvorthie the coÌ„futinge An ansvvere
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
2. 21 E. 4. fol. 97. 7 H. 7. fo 15. Yf therefore any deede dothe wante that speciall clause and mention althowghe the partie in deede hathe putt his seale vnto the same yet ys that deede or specialtie voyde iÌ„ lawe So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same and farther dothe appointe to carrie or driue the same distresse vnto the povvnde 9. E. 4 fo 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and seruices Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie 29 H. 6. fol. 6. or yf he shall labour occupie the chattelles distrained 29. li. Assiar The distresse so taken by him ys iniuriouse and vvrongfull in lavve p. 64 For as muche as he hathe not done accordinge to the prescribed order of the lavve The statute made Anno 32. H. 8. geuethe aucthoritie vnto tenaÌ„te in tayle and to others beinge seased of lande in the right of theire vviues or churches to make leases of the same Wherein also a prescripte order and forme for the same ys sett forthe Yf any of the saide persons shall make any lease wherein he dothe not obserue the same prescribed order in all pointes the same lease ys not vvarented in any point by the saide statute Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of laÌ„de appointethe a forme and order for the same 27. H. 8. cap. 10. that ys they muste be by vvritinge indeÌ„ted sealed aÌ„d enrolled vvithin sixe monethes next after the dates of the same vvritinges Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted the same ys vitious aÌ„d voide in the lavve So likevvise the statute made in An. 32. H. 8. geaueth aucthoritie to dispose laÌ„des and tenemeÌ„tes by laste vvill and restamente in vvritinge 32. H. 8. cap. 1. Yf a man do demisse his laÌ„de by his laste vvill restameÌ„te nuncupatiue vvithovvte vvrittinge this demise is insufficieÌ„te in lavve aÌ„d ys not warranted by the saide statute We leue of a nomber of like cases that we might multiple in the proufe of this matter Wherein vve haue tarried the longer by cause the adâ—saries make so greate a countenaÌ„ce therevpon And by cause all vnder one yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parliamentes by his lettres patentes signed vvith his hande Which ys nothinge else but a declaration and affirmaÌ„ce of the coÌ„mon lawe And no newe aucthoritie geven to him to do that he coulde not do before or any forme praescribed to binde him vnto Besides that in this case there ys no feare in the worlde of forginge and counterfeytinge the kinges hande Where as in the testamentarie cause yt ys faâ—re other wise as the worlde knovvethe and dailie experience teacheth And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande yt can not any vvaye hurte or hinder the iuste right aÌ„d clayme of the Quene of Scotlande to the succession of the crovvne of Englande Nowe supposinge that neither the Lorde Pagett nor Syre Edvvarde Mountegevve aÌ„d willim Clarke had testified or published any thinge to the infringinge and overthrowinge of the aduersaries assertioÌ„ towchinge the signinge of the saide will Yet ys not therebye the Quene of Scotlandes title altogether hindered For she yet hathe her iuste aÌ„d lawfull defeÌ„ce for the oppugninge of the saide Assertion aswell againste the persons and saienge of the witnesses yf any shall come forthe as otherwise she maye iustlie require the saide will to be browght furthe to light and especiallie the signinge of the same vvith the kinges hande to be dewly and consideratelie pondered weied and conferred She hathe her iuste defence and exceptions and muste have And yt were against all lawes and the lavve of nature yt self to spoile her of the same And all good reason geavethe that the saide originall will standinge vpon the triall of the kâ—nges hande be exhibited that yt maye be compared vvith his other certaine and well knowen hande writinge and that other thinges maye be done requisite in this behalf But yet all this notwithstandinge lett vs nowe imagine and suppose that the kinge him self whose harâ—e and hande Were dovvbtelesse farre from any suche doinges Lett vs yet I saie admitte that he had signed the saide Will vvith his ovvne hande Yet for all that the aduersaries parchance shall not finde no not in this case that the Quenes iuste title right and intereste dothe any thinge fayle or quayle The supposed will caÌ„ not preiudice the Q. of Scottes thovvghe yt had bene signed vvith the Kinges ovvne hande Or rather lest vs vvithovvte any perchance saye the iustice and aequitie of her cause and the invincible force of trevvthe to be suche that neither the stampe nor the kynges ovvne hande can beare and beate yt dovvne Which thinge we speake not vvith ovvte good probable and vveightie reasons Neither do vve at this time minde to debate and discovvrse vvhat povver and aucthoritie and howe farre the parlamente hathe yt in this and like cases Which parchance some other vvolde here do We vvill onlie intermedle vvith other thinges that reache not so farre nor so highe and seame in this our presente question vvorthie and necessarie to be considered And firste before we entre into other matters vve aske this reasonable and necessarie question Whether theis generall vvordes vvhereby this large and ample aucthoritie ys conueyed to kinge Henrie muste be as generallie and as amplie taken or be restrained by some manner of limitation aÌ„d restriction agreable to suche mynde and purpose of the parliamente as muste of verie necessitie or greate lykelyhodde be construed to be the verye mynde and purpose of the sayde parliamente Ye will saye perchance that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte exception sauinge for the owtewarde signinge of the will Trewthe yt ys there ys nothynge elles expressed But yet was there some thinge elles principallie intended and yet for all that there must nedes be some qualification aÌ„d restraiÌ„t of the generall words of the statute neaded not to be specified The owtewarde manner was so speciallie and preciselie appointed and specified to auoide suspitious dealinge to auoide corruption and forgerie And yet vvas the vvill good and effectuall vvithowte the kinges hande Yea and the assignation to had bene good had not that restrainte of the kinges hande bene added by the parliamente But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the vvordes were they neuer so large and ample there ys thowghe nothinge were spoken therof an ordinarie helpe and remedie otherwise
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
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