King James being dead Margaret was married againe to Archihald Douglas Earle of Anguish by whom shee had a Daughter named Margaret which was married afterward to Mathew Steward Earle of Lenâx whose Sonne Charles Steward was married to Elizabâth Candish Daughter to the present Countesse of Shrewsbury and by her hath left his onely Heire a little Daughter named Arbella of whom you have heard some speech before And this is touching the Line of Scotland descending from the first and eldest Daughter of King Henry the seventh The second Daughter of King Henry the seventh called Mary was twice married also first to the King of France by whom she had no issue and after his death to Charles Brandon Duke of Suffolke by whom she had two Daughters that is Francis of which the Children of my Lord of Hartford do make their claime and Elenor by whom the issue of the Earle of Darby pretendeth right as shall be declared For that Francis the first Daughter of Charles Brando4 by the Queene of France was married to the Marquesse of Dorset who after Charles Brandons death was made Duke of Suffolke in right of his Wâfe and was beheaded in Queene Maries time for his conspiracy with my Lord of Leycesters Father And she had by this man three Daughters that is Jane that was married to my Lord of Leycesters Brother and proclaimed Queene after King Edwards death for which both shee and her husband were executed Katherine the second Dâughter who had two Sonnes yet living by the Earle of Hartford and Mâry the third Dâugter which left no Children The other Daughter of Chaâlâs Brandon by the Queene of France called Elenor was married to Georgâ Cliffârd Earle of Cumberland who left a Daughter by her named Maâgâreâ married to the Earle of Darby which yet liveth and hath issue And this is the title of the Hâuse of Suffolke descended from the second Daughter of K. Henry the seventh married as hath been shewed to Charles Brandon Duke of Suffolke And by this you may see also how many there be who do thinke their titles to be far before that of my Lord of Huntingtonâ if either râght lâw reason or coâsideration of home affaires may take place in our Realm or if not yet you cannot but imagine how many great Princes and Potentatâs abroad are like to joyne and buckle with Huntingâons Line for the preeminence âf once the matter fall againe to contention by excluding the Line of King Henry the seventh which God forbid Truly Sir quoth I I well perceive that my Lords turne is not so nigh as I had thought whether he exclude the Line of King Henry or noâ for if he exclude thât then must he enter the Combat with forraine titlers of the House of Lancaster and if he âxclude it not then in all apparance of reason and in Law to as you have said the succession of the two Dâughters of King Henây the seventh whiâh you distânguâsh by the two names of Scotland and Suffolke must needs bee as clearely before him and his Lâne that decended only from Edward the fourth his Brother as the Queenes title that new reigneth is before him For thâââoth Scotland Suffolke and her Majesty do hold all by one foundâtion which is the union of both Houses and Titles together in King Henry the seventh her Majesties Grandfather That is true quoth the Gentleman and evidenâ enough in every mans eye and therefore no doubt but as âhat much is meant âgâinst hâr Majesty if oc4âsion serve âs against thâ rest thât hold by the same âitle Albeit her Mâiesti4s state the Lord be praised be such at thiâ ãâã as it is not safây to pretend so much against hâr as against the rest whatsoever be meant And that in âruth more should be ment agâinst her hâghnes theâ agâinst all âhe rest there is this reaâon for tâat her Majesty by hâr present possession letteth more their desires then all the rest âogether with their future pretences But as I have said it is not safety for them nor yet good pâlâcy to declare openly what they meane aâainst her Majesty It is the best way for the pâesent to âhew downe the rest and to leave her Majesty for the last âlow and upshot to their gâme For which câuse they will âeeme to make great difference at this day betweene her Majesties title and the rest that descend in likewise from King Henrâ the seventh avowing the one and disallowâng the other Albeit my Lord of Leicesters Father preferred that of Suffolke when ãâã was before this of her Mâjâsty and coâpelleâ the whâle Realme to sweare thereunto Such is thâ variable policy of men that serve the time or rather that serve themselves of all times for their purposes I remember quoth I that time of âhe Duke and was present my selfe at some of his Proclamations for that purpose wherein my Lord his Sonne that now liveth âeing then a doer as I can tell he was I marvile how he can deale so contrary now preferring not onely her Majesties title bâfore that of Suffolk whereof I wonder lessâ because it is more gainfull to him but also another much further of Buâ you have signified the cause in that the times are changeâ and other bargaines are in hand of more importance for him Wherefoâe leaving this to be considered by others whom it concerneth I beseech you Sir for that I know your worship hath beeene much conversant among their frienâs and favourers to tell me what are the barres and lets which they doe alledge why the house of Scoâland and Suffolk descendâd of king Henry the seventh his daughters should not succeed in the Crowne of England after her Majesty who ended the line of the same king by his son for in my sight the matter appeareth vâry plaine They want not pretences of barres and lets against them all quoth the Gentleman which I will lây downe in order as I have heard them alledged First in the line of Scotland there are three persons as you know that may pretend right that is the Queen and her son by the first marriage of Margaret and Arbella by the second And against the first marriage I heare nothing affirmed but against the two persons proceeding thereof I heare them alledge three stops one for that they are strangers born out of the land consâquently incapâble of inheritance within the same another for that by a speciâl testament of king H. 8. authorised by 2. severall pârliam thây are excluded 3 for that they are enemies to the religion now among us therefore to be debarred Against the second marriage of Maâgâret with Aâchibald Douglas whââeof Aâbella is descended they alledge that the said Archibald had a former wife at the time of that marriage which lived long after and so neither that marriage lawfull nor the issue therof legitimate The same barre they have
king and crowne have great priviledge and prerogative above the state and affaires of subjects and great differences allowed in points of law As for example it is a generall common rule of law that the wife after the decease of her husband shall enjoy the third of his lands but yet the Queene shall not enjoy the third part of the Crowne after the Kings death as well appeareth by experience and is to be seene by law Anno 5. and 21. of Edward the third and Anno 9. and 28. of Henry the sixt Also it is a common rule that the husband shall hold his wives lands after her death as tenant by courtesie during his life but yet it holdeth not in a Kingdome In like manner it is a generall and common rule that if a man dye feased of Land in Fee-simple having daughters and no sonne his lands shall be divided by equall portions among his daughters which holdeth not in the Crowne but rather the eldest Daughter inheriteâh the whole as if she were the issue male So also it is a common rule of our law that the executor shall have all the goods and chattels of the Testator but not in the Crowne And so in many other cases which might bee recited it is evident that the Crowne hath priviledge above others and cannot be subject to rule be it never so generall except expresse mention be made thereof in the same law as it is in the former place and a statute alledged but rather to the contrary as after shall be shewed there is expresse exception for the prerogative of such as descend of Royall bloud Their second reason is for that the demand oâ title of a Crowne cannot in true sense bee comprehended under the words of the former statute forbidding aliens to demand heritage within the allegiance of England and that for two respects The one for that the Crowne it selfe cannot be called an heritage of allegiance or within allegiance for that it is holden of no superiour upon earth but immediately from God himselfe the second for that this statute treateth onely and meaneth of inheritance by descent as heyre to the same for I have shewed before that Aliens may hold lands by purchase within our Dominion and then say they the Crowne is a thing incorporate and descendeth not according to the common course of other private inheritances but goeth by succession as other incorporations doe In signe whereof it is evident that albeit the King be more favoured in all his doings then any common person shall be yet cannot hee avoyd by law his grants and letters patents by reason of his nonage as other infants and common heires under age may doe but alwayes be said to be of full age in respect of his Crown even as a Prior Parson Vicar Deane or other person incorporate shall be which cannot by any meanes in law bee said to be within age in respect of their incorporations Whiâh thing maketh an evident difference in our case from the meaning of the former statute for that a Prior Deane or Parson being Aliens and no Denizens might alwayes in time of peace demand lands in England in respect of their corporations notwithstanding the said statute or common law against Aliens as appeareth by many booke cases yet extant as also by the statute made in the time of King Richard the second which was after the foresaid statute of King Edward the third The third reason is for that in the former statute it selfe of King Eâward there are excepted expresly from this generall rule Infantes du Roy that is the Kings off spring or issue as the word Infant doth signifie both in France Portugall Spaine and other Countries and as the Latine word Liberi which answereth the same is taken commonly in the civill ãâã Neither may we restraine the french words of that Satute Infantâs du Roy to the kings children onely of the first degree as some doe for that the barrânnesse of our language doth yeeld us no other word for the same but rather that therby are understood as wâll the nephewes and other discendants of the king or blood Royall as his immediate children For it were both unreasonable and ridiculous to imagin that king Edward by this statute would go about to disinherit his own nâphews if hâ should have any borne out of his own allegiance as easily he might at that time his sons being mâch abroad from England and the black Prince his eldest son having two children borne bâyond the seas and consequently it is apparent that this rule or maxime set down against Aliens is no way to be stretched against the descendants of the king or of the blood Royall Their fourth reason is that the meaning of king Edward and his children living at such time as this statute was made could not be that any of their linage or issue might be excluded in law from inheritance of their right to the Crowne by their foraine birâh wheresoever For otherwise it is not credible âhat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other meanâs as Leoneâ the kings third son was married in Millan and Iohn of Gaunt the fourth son gave his two daughters Philip and Katherine to Portugall and Câstâle and his neece Joan to the king of Scots as Thomas of Woodstocke also the yongest brother married his two daughters the one to the king of Spaine and the other to Dâke of Britaine Which no doubt they being wise Princes and so neer of the blood Royal would never have done if they had imagined that hereby their issue should have lost all claime and title to the Crown of England and therefore it is most evident that no such bar was then extant or imagin'd The fift reason is that divers persons born out of all English dominion and allegiance both before the Conquest and since have bin admitted to the succession of our Crown as lawfull inheritours without any exception against them for their foraine birth As before the Conquest is evident in yong Eâgar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Confâssor with full consent of the whole Realm the B. of Worcester being sent as Ambassador to fetch him home with his father named Edward the out-law And since the Conquest it appeareth plainly in king Stephen and king Henry the second both of them borne out of English dominions and of Parents that at their birth were not of the English allegiance and yet were they both admitted to the Crowne Yong Arthur also Duke of Britain by his mother Constance that matched with Geffray king Henry the seconds sonne was declared by king Richard his unckle at his departure towards Jerusalem and by the whole Realme for lawfull heire apparent to the Crowne of England though
the matter But of all other things this is most of importance that the King never set his owne hand to the foresaid Will but his stampe was put thereunto by others either after his death or when he was past remembrance as the late Lord Paget in the beginning of Queen Maries dayes being of the Privie Councell fiâst of all other discovered the same of his owne accord and upon meere motion of conscience confessing before the whole Councell and afterward also before the whole Parlament how that himselfe was privy thereunto and partly also culpable being drawn therunto by the instigation and forcible authority of others but yet afterward upon other more godly motions detested the device and so of his owne free-will very honourably went and offered the discoverie thereof to the Councell As also did Sir Eâward Montague Lord chiefe Iustice that had been pâivy and present at the said doings and one William Clarke that was the man who put the stampe unto the paper and is ascribed among the otâer pretenâed witnesses confessed the whole premisses to be true and purchased his pardon foâ his offence therein Whereupon Queen Marie and her Councell caused presently the said Inrolement lying in the Chancerie to be cancelled defaced and âbolished And sithence that time in her Majesties dayes that now liveth about the 11. or 12. yeare of her reigne if I count not amiste by occasion of a cârtaine little booke spread abroad at that time vâry sâcretly for advancing of the house of Suffolke by pretence of this Testament I remember well the place where the late Duke of Norfolke the Marquâsse of Winchester which then was Treasuâer the old Eaâles of Arundell and Penbrooâe that now are dead with my Lord of Penbrook that yet liveth as also my Lord of Leycester himsâlfe if I bee not deceived with divert others met together upon this matter and after long conference about the foresaid pretensed will and many proofes and reasons laid downe why it could not be tâue or authenticall the old Earle of Penbrook protesting that he was with the King in his chamber from the first day of his sicknesse unto his last houre and thereby could well assure the falsification thereof at length it was moved that from that place they should goe with the rest of the Nobility and proclâime the Queen of Scotland heâre apparent in Cheap-side Wherein my Lord of Leycester aâ I take it was then as forward as any man else how bee it now for his profit he be turned aside and would turne back again to morrow next for a greater commodity And albeit for some causes to themselves best known they proceeded not in the open publishing of their determination at that time yet my Lord of Penbrook now living can beare witnesse that thus much is true and that his father the old Earle at that time told him openly before the other Noblemen that he had brought him to that assembly and place to instruct him in that truth ând to charge him to witnesse the same and to defend it also with his sword if need required after his death And I know that his Lordship is of that honour and Nobility as he cannot leave off easily the remembrance or due regard of so worthy an admonition And this shall suffice for tâe second âmpâdiment imaginâd to proceed of this supposed Testament of King Henrie the eighth As for the third impediment of religion it is not generall to all for that only one person if I be not deceived of all the Competitors in K. Henries Line can bee touched âith suspition of different Religion from the present state of England Which person notwithstanding as is well knowne while shee was in goveânment in her owne Realme of Scotland permitted all lâberty of Conscience and free exercise of Religion to those of the contrary profâssion and opinion without restraint And if she had not yet doe I not see either by prescript of law or practice of these our times that diversity of Religion may stay just Inheritors from enjoying their due possessions in any state or degree of private men and much lesse in the claime of a Kingdome which alwayes in this behalfe as hath been said before is preferred in priviledge This we see by experience in divers Countries and parts of the world at this day as in Germany where among so many Princes and so divided in religion as they be yet every one succeedeth to the state whereto he hath right without resistance for his religion The exâmples also of her Majesty that now is and of her sister before is evident who being known to be of two different inclinations in religion and the whole Realme divided in opinion for the same cause yet both of them at their severall times with generall consent of all were admitted to their lawfull inheritance excepting onely a feâ trâiâors against the fârmer who withstood her right as also in her the right of her Maiestie that is present and that not for Religion as appeâred by their owne confession after but for âmbition and desire of reigne Monsieur the Kings brother and heire of France as all the world knoweth is well acceptâd favoured and admitted for successor of that Crowne by all the Pâotestants at this dây of that Counâry notwithstanding his opinion in religion knowne to be different And I doubt not but thâ King of Navarre or Prince of Condy in the contrary part would thinke themselves greâtly injured by the stâte of ârance which is dâfferent from them in religion at this dây if after the death of thâ Kiâg that now is and his brother without issue if God so dispose they should be barred from inheriting the Crowne under pretence onely of theiâ Religion My Lord of Huntington himselfe also is he not knowne to bâe of a different religion from thâ present state of Englând and rhât if he weâe King to morrow nâxt he would alter the whoâe government order condiâion and state of râligion now used and established within the Realme But as I said in the beginning if one of a whole family or of divers families be culpable or to be touched herein what have the rest offended thereby will you exclude all for the mislike of one And to descend in order if the first in K. Henries line after her Majesty may be touched in this point yet why should the rest be damnified thereby The K of Scotland her son that next ensueth to speak in equity why should he bee shut out for his religion And are not all the other in like manner Protestants whose discent iâ consequent by nature order and degree For the yong K. of Scotland quoth I the truth is that alwayes for mine own part I have had great hope and expectation of him not onely for the conceipt which commonly men have of such Orient youths borne to kingdomes but especially for that I understood
hee was going towards the place of his appoynted destiny there was given up into his hands a detection of the whole treason with request to read the same presently which he upon confidence omitted to doe Wee read also of Alexander the great how hee was not onely forbidden by a learned man to enter into Babylon whither he was then going for that there was treason meant against him in the place but also that he was foretold of Antipaters mischievous meaning against him ân particular Buâ the yong Prince hâving so well deserved of Antipatâr could not bâ brought to mistâust the man that was so deaâe unto him and by that meanes was poysoned in a banquât by three sons of Antipater which were of most credit and confidence in the Kings Chamber Here truly my heart did somewhat tremble with feare horror and detâstation of such events And I said unto the Gentlemân I beseech you Sir to talke no more of these matters for I cannot well abide to heare them named hoping in the Lord thât there is no câuse nor ever shâll be to doubt the like in England especially from thâse mân who are so much bound to her Majesty and so forward in seeking out and pursuing all such aâ may be tâought to be dângerous to her Majesties peâson as by the âundây late executions wee have have seân and by the punishments every way of Papists we mây perceive Truth it is quoth the Gentlemân that justice hath bin done upon divers of late which contenteth me gâeatly for the terrouâ and râstraint of others of what sect or religion soâver they be And it is most necâssary doubtles for the compressing of paâtiâs that greât vigilance be used in thaâ behalfe But when I consider that only one kind of men are touched heâein and that all speeâh regard doubt distrust ând watch is of them alone without reflection of eye upon other mens doings or dâsignements when I see the double diligence and vehemency of cârtaine instruments which I like not bent wholly to raise wonder and admiration of the people feare terrour and attention to the dâinâs sayings and meanings of one part or âaction alone and of that namely and only which these conspirators esteem for most dangerous and opposite to themselves I am beleeve me often tempted to suspect fraud and false measure and that these men deale as wolves by nature in other Countries are wont to do Which going together in great numbers to assaile a flocke of sheep by night doe set some one or two of their company upon the wind side of the fold a far off who parly by their sent and oâher bruteling which of purpose they make may draw the dogs and shepheards to pursue them alone whiles the other doe enter and slay the whole flock Or as rebels that meaning to surprize a Town to turne away the Inhabitants from considering of the danger and from defence of that place where they intend to enter doe set on fire some other parts of the Towne further off and doe sound a false alarme at some gate where is meant least danger Which art was used cunningly by Richard D. of Yorke in the time of King Henrie the sixt when he to cover his owne intânt brought all the Realme in doubt of the doings of Edmond Duke of Somerset his enemy But Iohn of Northamberland father to my Lord of Leycester used the same art much more skilfully when hee put all England in a maze and musing of the Protector and of his friends as though nothing could be safe about the yong King untill they were suppressâd and consequently all brought into his owne authority without obstacle I speake not this to excuse Papists or to wish them any way spared wherein they offend but onely to signifie that in a Countrey where so potent factions bee it is not safe to suffer the one to make it selfe so puissant by pursuit of the other as afterwards the Prince must remaine at the devotion of the stronger but rather as in a body molested and troubled with contrarie humours if all cannot be purged the best Physick is without all doubt to reduce and hold them at such an equality as destruction may not be feared of the predominant To this said the Lawyer laughing yea marry Sir I would to God your opinion might prevaile in this matter for then should wee bee in other tearmes then now we are I was not long since in company of a cetaine honourable Lady of the Court who after some speech passed by Gentlemen that were present of some apprehended and some executed and such like affâires brake into a great complaint of the present time and therewith I assure you moved all the hearers to griefe as women you know are potent in stirring of affections and caused them all to wish that her Majesty had beene nigh to have heard her words I doe well remember quoth she the first dosen yeares of her Highnesse reigne how happy pleasant and quiet they were with all manner of comfort and consolation There was no mention then of fâctions in religion neither was any man much noted or rejected for that cause so otherwise his conversation were civill and couâteous No suspition of treason no talke of bloudshed no complaint of troubles miseries or vexations All was peace all was love all was joy all was delight Her Mâjestie I am sure took more Recreation at that time in one day than shee doth now in a whole week and wee that served her Highnesse enjoyed more contentation in a weeke than we can now in divers yeares For now there are so many suspitions every where for this thing and for that as we cannot tell whom to trust So mâny melancholick in the Court that seem male-contented so many complayning or suing for their friends that are in trouble others slip over the Sea or retire themselves upon the suddaine so many tales brought us of this or that danger of this man suspected of that man sent for up and such lâke unpleasant ând unsavorie stuffe as we can never almost bee merry one whole day together Wherefore quoth this Lady wee that are of her Majesties traine and speciall service and doe not onely feele these things in our selves but much more in the grief of her most excellent Majesty whom we see dayly molested herewith being one of the best natures I am sure that ever noble Princesse was indued withall wee cannot but mone to behold contentions advanced so far forth as they are and we could wish most heartily that for the time to come these matters might passe with such peace friendship and tranquillity as they doe in other Countryes where difference in religion breaketh not the band of good fellowship or fidelity And with this in a smiling manner she brake off asking pardon of the company if she had spoken her opinion over boldly like a woman To whom answered a Courtier that
would not a little have trembled Scotland hâd bâen quiet our compâtâtors in England would have quâkâd and for the Pope he might have put up his pipes Oâr âiffârences in religion at home hâd been âither lâssâ âr no gâeater thân now thây are for that Moâsieur beâng but a moderate Pâpist and notâing vâhement in hâs opâniâns was content with veây reasonable conditioâs for hâmsâlfe and hâs strângers onâly in use of thâir conscience not unlikely truly but that in time he might by Gods grace and by the great wisdome and vertue of her Mâjesty have been brought also to embrace the Gospell as King Ethelbârt an heathen was by noble Qâeen Bertha his wife the first Christian of our English Princes Unto all which fel city if the Lord in mercy should have added also some issue of their royall bodies as was not impossible when fiâst this noble match was movâd we then doubtlâssâ had been the most forâunate people under heaven and might hâve beân perhaps the meane to hâve restored thâ Gospell thâoughout all Europe besides as our Brethren of France well coâsidered and hoped Of all whâch singular benefits boâh present and to come boâh in Re and Spâ his tyrant for his own private lucre fâaring lâst heâeây his ambition might be râstrained and his treacheây râveâled hâth bereaved the Realme and done what in him lyeth besides to alienate for âver and make our mortall enemy this great Prince whâ souâht the love of hâr Mâjâsty with so muâh hânour confidâncâ as never Prince the like putting twâcâ his ownâ pârson in jâopardy of the sââ and to the pârill of his maââââons envioâs heâe in England for her Mâjâsties sake When yâu spâak âf ãâ¦ã Lawyâr I cannot but ââeaâly bâ ãâ¦ã thâse considârations wâll ãâ¦ã âlso fâr some oâhâr espâcially ãâ¦ã you will thiâke me ãâ¦ã for thât I spââke it oââly in ãâ¦ã and good of my Countrey aâd thât is ãâã Mââsiâurs ãâã wâth our noble Princâssâ âââides thâ hope of issâe whâch was the principâll thâre wânted not also probabâlity that sâme ãâã or lââtle tâlâration in religion between you and us might have been procured in this state as we see that in some other Countries is admitted to their great good Which thing no doubt would have cut off quite all dangers and dealings from forraine Princes would hâve stopped mane devises and plots within the Realme wheras now by this breach with France we stand alone as me seemeth without any great uniâion or friendship abroad and our differences at home grow more vehement and sharp then evâr before Upon which two heads as also upon infinit other causes purposâs ârâfâs and pretences there doe ensue daily more deepe dangerous and desperate practises evâry man using either the commodâty or necessity of the time and state for his owne purpose âspecially now when all men presume that her Mâjâsty by the continuall thwaâtinâs which have beân âsed against all her marriage is not like to leave unto the Realme that precious jewell so much and long desired of all Englâsh hâarts I meane the Royâll heires of hâr âwne body Thwartiâgs call you the defeating of all her Mâjâstiâs ââst honourâble offâr of marriage said the othââ truly in my opinion you should have used anâther word to âxpâessâ the nature of so wâcked a fact wherây âlone if there were no other this uâfortunate man hath dââe more hurt to thiâ Câmmon weâlth âhân if hâ hâd murdered mâny thoâsaâds oâ her sâbjects âr bâtrâyd whole aââieâ to the profâssâd ãâ¦ã remember well my sâlfe foure ãâ¦ã pââpose undââmined by his meânes the fiâst wâth the Swethân King the sâcond with ãâ¦ã of Austrââ tâe third wâth ãâ¦ã France that now reignâth and the fourth wââh thâ in other and hâire of the said Kingââmâ For ãâ¦ã maây other secret motions maâe by great Potentates to her Majesty for the same purpose but these foure are openly known and therefore I name them Which foure are as well knowne to have been âll disturbed by this Daweâ as they were earnestly pursued by the other And for the first thâee Suters he drove them away by protesting and sweâring that himsâlfe wâs contracted unto her Majesty wherof hâr highnesse was sufficiently advertised by Cardinâll Châtâlian in the first treâty for France and the Cardinall soone after puâished as is thought by this man with pâyâon But yet this speech he gâve out then every where among his friends both strangers and others âhat he forsooth was assuâed to her Majesty and consequently thât all othâr Princes must give over their suits for him Whereunto notwithstanding when the Swâden would hardly give care this man conferred wiâh his Privado to make a most unseemly and âisloâal proof therof for the otheâs satisfaction whiâh thing I am enforced by duty to passe over with silence for honour to the parties who are touched therein as also I am to concealâ his said filâhy Pâivado âhough worthy otherwise for his dishonesty to be displâyed to the world but my Lord himsâlfe I am sure doth well remember bâth the man and the matter And albeit there was no wise man at thât time who knowing ây Lord suspected not the fâlsâhood and hâs arrogant âffirmation touching âhis contract with her Mâjesty yât some both abâoad and at home might doubt thereof perhaps but now of late by hâs knowne mârriage with his Minion Dâme Lâttice of Essex he hath declâred manifestây his owne most impudent and disloyall dealing with his soveraigne in this report For that report quoth the Lawyer I know that it was common and maintained by many for divers yeeres yet did the wiser sort make no account thereof seeing it came onely from himsâlf and in his own bâhâlfe Neither was it credible that her Majesty who refused so noble Knights and Princes as Europe hâth not the like would make choice of so meane a peere as Robin Dudley is noble onely in two descentâ and both of thâm stained with the block from which also himselfe was pardoned but the other day being codemned therunto by law for his deserts as appeareth yât in publiâk records And for thâ widow of Essâx I marvaile sir quâth he how you call her his wife sâeing the Canon-law standeth yet in force touching matters of marriage wâthin the Realme Oh said the Gentlâman laughing you meane for that he procured the poisoning of her husband in his journây from Ireland You must think that Dâctor Dale will dispence in that mattâr as he did at his Lordships appointment wâth his Italâan physiâian Doctor Iulio to have two wives at once at the leâstwise the matter was permitted and born out by them both publiquely as all the world knoweth and that against no lâsse persons then the Archbishop of Canterbury himsâlfe whose overthrew wâs principally wrought by thâs tyrant for contraâying his will in so beastly a demand But for this controversie whether the marriâge be good
afraid to meet them in the field as a Knight should have done His treacheries towards the noble late Earl of Sussex in their many breaches is notorious âo all England As also the bloody practises against divers others But as among many none were more odious and misliked of all men then those against Monsieur Simiers a stranger and Embassadour whom first he practised to have poisoned as hath bin touched before and when that device tooke not place then he appointed that Robin Tider his man as after upon his Ale-bench he confessed should have slaine him at the Blackfriars at Greenwich as he went forâh at the garden gate but missing also that purpose for that he found the Gentleman better provided and guarded then he expected he dealt with certaine Flushiâers and other Pirates to sinke him at Sea with the English Gentlemen his favourers that accompanied him at his returne into France And though they missed of this practice also as not daring to set upon him for feare of some of her Majesties ships who to breake off this designment attended by speciall commandement to waft him over in safety yet the foresaid English Gentlemen were holden foure houres in chace at their coming backe as Master Rawley well knoweth being then present and two of the chasers namâd Clark and Harris confessed afterward the whole designment The Earl of Ormond in likewise hath often declared and will avouch it to my Lord of Leicesters face whensoever he shall be called to the same that at such time as this man had a quarell with him and thereby was likely to be enforced to the field which he trembled to thinke of he first sought by all meanes to get him made away by secret murder offering five hundred pounds for the doing thereof And secondly when that device tooke no place he appointed with him the field but secretly suborning his servant William Killigre to lye in the way where Ormond should passe and so to massacre him with a caliver before he came to the place appointed Which murder though it tooke no effect for that the matter was taken up before the day of meeting yet was Killigre placed afterward in her Majesties privy Chamber by Leicester for shewing his ready minde to doe for his Master so faithfull a service So faithfull a service quoth I truly in my opinion it was but an unfit preferment for so facinorous a fact And as I would be loth thaâ many of his Italians or other of that art should come nigh about her Majesties kitchen so much lesse would I that many such his bloody Champions should be placed by him in her Highnesse chamber Albeit for this Gentleman in particular it may be that with change of his place in service he hath changed also his minde and affection and received better instruction in the feare of the Lord. But yet in general I must needs say that it cannot be but prejudiciall and exceeding dangerous unto our noble Prince and Realme that any one man whatsoever especially such a one as the world taketh this man to be should grow to so absolute authority and commandry in the Court as to place about the Princes person the head the heart the life of the land whatsoever people liketh him best and that now upon their deserts towards the Prince but towards himselfe whose fidelity being more obliged to their advancer then to their soveraigne doe serve for watchmen about the same for the profit of him by whose appointment they were placed Who by their meanes casting indeed but nets and chaines and invisible bands about that person whom most of all he pretendeth to serve he shutteth up his Prince in a prison most sure though sweet and senselesse Neither is this art of aspiring new or strange unto any man that is experienced in affairâs of former time for that it hath been from the beginning of all government a troden path of all aspirers In the stories both sacred and prophane foraine and domesticall of all Nations Kingdomes Countries and States you shall read that such as ment to mount above others and to governe all at their owne discretion did lay this for the first ground and principle of their purpose to possesse themselves of all such as were in place about the principall even as he who intending to hold a great City at his owne disposition dareth not mak open war against the same getteth secretly into his hands or at his devotion al the Towns Villages Castles Fortresses bulwarks Rampires Waters Wayes Ports and Passages about the same and so without drawing any sword against the said City he bringeth the same into bondage to abide his will and pleasure This did all these in the Roman Empire who rose from subjects to be great Princes and to put downe Emperours This did all those in France and other Kingdomes who at sundry times have tyrannized their Princes And in our owne Countrey the examples are manifest of Vortiger Harold Henry of Lancaster Richard of Warwicke Richard of Glocester Iohn of Northumberland and divers others who by this meane specially have pulled downe their lawfull Soveraignes And to speake onely a word or two of the last for that he was this mans Father doth not all England know that he first overthrew the good Duke of Somerset by drawing to his devotion the very servants and friends of the said Dâke And afteâward did not he possesse himselfe of the Kings owne person and brought him to the end which is knowne and before that to the most shamefull disheriting of his owne royall Sisters and all this by possessing first the principall men that were in authority about him Wherefore sir if my Lord of Leicester have the same plot in his head as most men thinke and that he meaneth one day to give the same push at the Crowne by the House of Huntington against all the race and line of King Henry the seventh in generall which his Father gave before him by pretence of the House of Suffolke against the Children of King Henry the eight in particular he wanteth not reason to follow the same meanes and platform of planting speciall persons for his purpose about the Prince for surely his fathers plot lacked no witty device or preparation but onely that God overthrew it at the instant as happely he may doe this mans also notwithstanding any diligence that humane wisedome can use to the contrary To this said the Gentleman that my Lord of Leycester hath a purpose to shoot one day at the Diadem by the title of Huntington is not a thing obscure in it selfe and it shall bee more plainly proved hereafter But now will I shew unto you for your instruction how well this man hath followed his fathers platforme or rather passed the same in possessing himselâe of all her Majesties servants friends and forces to serve his turne at that time for execution and in the meane space for
he were borne in Britaine out of English allegiance and so he was taken and judged by all the world at that day albeit after king Richards death his other uncle Iohn most tyrannously took both his kingdome and his life from him For which notable injustice he was detâsted of all men both abroad and at home most apparently scourged by God with grievous and manifold plagues both upon himself and the Realm which yeelded to his usurpation So that by this also it appeareth what the practice of our Countrey hath beene from time to time in this case of forraine birth which practice is the best intârpreâer of our common English law which dependeth especially and most of all upon custome nor can âhe adversary alledge any one example to the contrary Their sixt is of the judgement and sentence of King Henry the seventh and of his Councell who being together in consultation at a certaine time about the marriage of Margaret his eldest daughâer into Scotland some of his Councell moved this doubt what should ensue if by chance the kings issue male should faile and so the succession devolve to the heyres of the said Margaret as now it doth Whâreunto that wâse and most prudent Prince made answer thât if any such event should be it could not be prejudicialâ to Englând being the bigger part but rather beneficiall for that it should draw Scotland to England that is the lesser to the more even as in times past it happened in Normandy Aquitaine ând some other Provinces Which answer appeased all doubts and gave singular content to those of his Councell as Polidore writeth that lived at that time and wrote the speciall matters of that reigne by the kings owne instruction So that hereby wee see no question made of king Henry or his Councellors touching forraine birth to let the succession of Lady Margarets issue which no doubt would never have beene omitted in that learned assembly if any law at that time had beene esteemed or imagined to beare the same And these are six of their principallest reasons to prove that neither by the words nor meaning of our common lawes nor yet by custome or practice of our Realme an Alien may bee debarred fâom claim of his interest to the Crowne when it falleth to him by righfull descent in blood and succâssion But in the particular case of the Queen of Scots and âerson they doe adde another reason or âwo thâreby to prove them in very deed to be no Aliens Not only in respect of their often and continuall mixture with English blood from the beginning and especially of late the Queens Grandmother and husband being English and so her sonne bâgoâten of an English father but also for two other causes and reasons which seeme in truth of very good importance The first is for that Scotland by all Englishmen howsoever the Scots deny the same is tâken and holden as subject to England by way of Homage which many of their kings at divers times have acknowledged and consequently thâ Queene and her son being borne in Scotland are not borne out of the allegiance of England and so no forrainers The second cause or reason is for that the forenamed statute of forrainers in the 25 yeare of King Edward the third is intitled of those that are borne beyond the seas And in the body of the said statute the doubt is moved of children borne out of English allegiance beyond the seas whereby cannot bee understood Scotland for that it is a piece of the continent land within the seas And all our old Records in England that talke of service to bee done within these two countries have usually these Latin words Infraquatuor mâria or in French deins lâzquâtre mers that is within the foure Seas whereby must needs be understood as well Sâotland as England and that perhaps for the reason before mentioned of the subjection of Scotland by way of Homage to the Crowne of England In respect whereof it may be that it was accounted of old but one dominion or allegiance And consequently no man borne therein can bee accounted an alieâ to Englaââ And this shal suffice for the first point touching foragine Nativity For the second impediment objected whâch is the testament of King Henry the eight authorized by Parliament wherby they affirm the succession of Scotland to be excluded it is not precisely true that they are excluded but onely that they âre put back behinde the succession of the hous of Suffolk For in that pretended Testament which after shâll be proved to be none indeed King Henry so disposeth that after his own children âf they shold chance to dye without issue the Crowne shall passe to the heires of Frances of Elenor his neeces by his yonger sister Mary Queene of France and after them deceasiâg also without issue the succession to returne to the next heire againe Whârby it is evident that the succession of Margarât Queene of Scotland his eldest sister is not excluded but thrust back onely from their due place and order to expect the remainder which may in time be left by the yonger Whereof in mine opinion doe ensue some considerations against the present pretenders themselves First âhat in King Henries judgement the former pretended rule of foraine birth was no sufficient impediment agaiâst Scotland for if it had bin no doubt but that he would have named the same in his alleaged testament and thereby have utterly excluded that successioÌ But there is no such thing in the testament Secondly if they admit this testament which alotteth the Crown to Scotland next after Suffolk then seeing that all the house of Suffolk by these mens assertions is excluded by bastardy it must needs follow that Scotland by their own judgement is next so this testament wil make against them âs indeed it doth in all points most apparantly but only that it preferreth the house of Suââolk before that of Scotland And therefore I think sir that you mistake somewhat about their opinion in alleaging this testament For I suppose that no man of my Lord of Huntingtons faction will alleage or urge the testimony of this testament but rather some friend of the house of Sâffâlk in whose favour I take it that it was first of âll fârged It may be quâth the Gentleman nor will I stand obstinatly in the contrary for that it is hard sometime to judge of what faction each one is who discoursâth of these affâirâs But yet I marvel âf it were as you say wây Lâycesters Father âfâer K. Edwardâ death made no mention therof in the favor of Suffolk in the other testament which then he proclaimed as made by K. Edward deceased for preferment of Suffolk before his own sisters The cause of this is âvident quoth the Lawyer for that it made not sâffiâiently for his purpose which was to disinherit âhe two dâughters of King Henry himselfe and advance the