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
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
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
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
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
the Erles acquitall that he was gwiltie of the saide facte nor suspectinge any thinge therof yeldeg to that to the wiche theis craftie colludinge seditiouse heads and the verie necessitie of the time as yt then to her seamed did in a manner enforce her Lett them nowe laye on lode lett them nowe rage and raue against this acquitall and mariage Lett them lie to theire owne shame vpoÌ„ theire owne deuises and doings thereby to defame theire Quene Lett them lie that the Erle of Huntley was restored to his fathers patrimonie to procure his sisters coÌ„sente to the deuorse betwene the Erle and her whiche restitution was made but not for that consideration but bicause the Quene thovvght in her coÌ„science his father vvrongfullie condemned Lett them crie owte vpon the Erle Bothvvell for that the sentence of diuorse vvas promulged partelie by force partelie withoute the iuste and vsuall order of the lavve and vvithoute sufficiente prouf Lett them crie ovvte vppon him for his violente takinge and deteininge the Quene Yet yf they cannot preciselie proue the Quenes coÌ„sente to anie of his vnlawfull acts as they shall neuer do then can they not gett or gather any iuste occasioÌ„ whiche ys the thinge they onlie seake for to suspecte the Quene of this greauous acte On the other side yt ys vvell knovven and easelie to be proued that this faction did chefelie procure as we haue sayde asvvell the acquitall as the supposed mariage aÌ„d therefore by likelihodd was priuie of all other consequente deuises and practises Wherefore they do nothinge but blovve ovvte and blase to the vvorlde Withe theire owne fovvle filthie mowthes theire owne shame And do fare like a man that dothe thruste a svvorde throvvghe bothe his ovvne sides to pricke a litle and raise but the ovvtevvarde skynne onelye of his enemy Ye maye novve vvell parceaue gentle reader that hitherto they haue produced litle matter of creditt against theire Quene and yet as yt appearethe verrie good matter against them selues and for theire ovvne discreditt Novve maye ye therefore easelie coniecture and by theis theire cheif and principall matters and grovvnds easelie perceaue vvhat accompte ys to be made of all the residevve of theire levvde slaunders and vvhat small force and strenghe all theire vvhole sayengs do beare They see yt they see yt vvelinovvghe them selues good reader vvherby they vvell perceaue and fullye vnderstande that they altogether are vnable to beare ovvte and mainteine by reason â—ustice or lavve theis theire ovvtragiouse and seditiouse procedings And therefore they sett vpon them the best colour and countenance they can Where in you shall novve heare what they did alleadge beinge in Englande for them selues The aduersaries declaration before the Quene of Englands commissioners They saye that no man can charge them or the residevve of theire nobilité that they haue gone as much as one onlie steppe froÌ„ the office and dewtie of good subiects iÌ„ takiÌ„ge armes against the owtragiouse enormities alredie coÌ„mitted aÌ„d to preueÌ„te the greate dangers imminente to the ê‘sons of theire Quene aÌ„d her deare sonne to theire nobilitie and to the vvhole state of theire vveale publike And that yt was no small harts grefe to them to heare vvhat vilainie all natioÌ„s thowght and openlie speake of them for sufferinge such a tragicall matter to escape vnpunisshed vvhiche thinge engendrethe of vs saie they amonge strangers aÌ„d all forren nations an yll and sinister opinion of some coÌ„men coÌ„sente therto made by our vvhol nobylitié Yea to see also the verie executor therof hym self by violeÌ„te force to teake deteine and kepe his theire Souereigne aÌ„d withe marienge vvith her to distaine her honour Wherefore to sett her maiestie at fredome owte of his boÌ„dage to preserue her honour and the ê‘son of her sonne and by dewe punisshemeÌ„t of such a malefactour to recouer theire good name and estimation vvith the reste and quietnes of theire cuntreye When they had but in vaine attempted aswel all other meanes as by the offeringe to the Erle singulier battaile they were driueÌ„ to gather force to resist them Who came to the felde against them withe a stronge armie But he refusinge either to wage singulier battaile Whiche vvas then offered to him or to ioyne in battaile vvith theire campe escaped by flight The Quene in the meane vvhile rendred her self into the nobilities hands there assembled and by them vvas conuayed to Edenborovvghe But afterwarde they Were of verye necessitie compelled to sequester her vntill suche time as some remedie might be fownde for theis matters into Lochleven where she hauinge nowe advised withe her self and fullie perceaved her ovvne disabilitie to sustaine the weight of so greate a rome freelie voluntarelie by theire sainge gaue ouer the crowne to her sonne appointinge the Erle Murraie beinge at that time owte of the realme to be regente therof duringe her sonnes minoritie The Erle Bothwell not longe after beinge by them pursued fledd the realme to escape theire hands Now this said resignatioÌ„ by the Quene ons made to her sonne he was forthvvithe by them solemlie crowned and he as kinge the Erle Murraie as regent obeied and the state of bothe theis regimeÌ„ts was by acte of parliamente established Wher vpon quietnes begane to encrease and iustice more aÌ„d more dailie to take place Whiche yet some ê‘sons saie they muche enuienge at to the dysturbance of the same and of the kinge hys authoritie first practised coÌ„trarie to the saide theire Acte of parlement the Quenes deliurance oute of Lochleven and then shewed them selues in armes But as theire atteÌ„pte saie theye was vnlawfull so the victorie fell against them on owrs the righteouse side Whereby god hym self seamethe to haue geuen senteÌ„ce for the equitie of our whole cause against our aduersaries Theis are the principall allegations theis good men haue proposed for the iustification of theire procedings against the Quene before the most excelleÌ„t and mightie Princesse Elizabethe Quene of Englande Finallie they saie that the moste parte of them selues are for particuler benefitts priuatelie so muche beholdinge to theire saide Quene that a nomber of theÌ„ coulde be contented and vvell willinge yf they might praeserue Scotlande in the state of a kingedome preseruinge also the profession of trewe religion withe the kings person the whole state from danger to liue Willinglie in perpetuall exile banishemente God be thancked that after that theis seditiouse trayterouse subiects haue bene so stovvte and storminge in the reconinge vpp and accumulatinge of faults offenses of theire innoceÌ„te maistresse Quene they are yet at the lengthe forced to answere for them selues and for theire excessiue outragiouse rebelliouse doings Theire gaie gloriouse glitteringe excuses maye ê‘happs at the firste shewe seame to some of the Readers to have a iolie face of muche probabilité greate trewthe and feruente zeale to the Weale publike But maie yt please them advysedlie and deapelie to ponder and Weyghe aswell what we have
vvealthe vvith lawe vnvvritten Iusti. de iure natural gent ciuil 55. ex non script Whereas amonge the Athenienses the written lavves beare all the svvaye This thinge beinge so trevve that vvithe any reason or good authoritie yt can not be denied then vve are farther to consider vvhether the kinges title to the crovvne can be examined tried aÌ„d ordered by this common custome or no. Yf ye saie yt maye then muste ye prove by some recorde that yt hathe bene so vsed Othervvise ye onlie saie yt nothinge at all prove yt For nothinge can be saâ—ed by lavve to be subiecte to any custome vnlesse the same hathe bene vsed accordinglie and by force of the same custome I am Well assured that you are not able to proue the vsage and practise therof by any recorde iÌ„ any of the kinges cowrtes Yea I vvill farther saie vnto you and also proue yt that there ys no one rule generall or speciall of the coÌ„mon lawe of this realme The aduersaries haue shevved no rule of the coÌ„mon lawe that bindethe the crovvne Which ye either haue shewed or can shevve that hathe bene taken by anye iuste construction to extende vnto or binde the kinge or his crowne I Will not denie but that to declare and sett forthe the praerogatiue and Iurisdiction of the kinge ye maye shevve manie rules of the lawe But to binde him as I haue saide ye can shevve none Ye saie in your booke that yt ys a maxime in our lawe moste manifeste that Who so ever ys borne ovvte of Englande and of father and mother not beinge of the obedieÌ„ce of the kinge of Englande can not be capable to inherite any thinge in England Whiche rule beinge generall withowte any Wordes of exceptio â–ª ye also saie muste neds extende vnto the crovvne What you meane by your lavve I knovve not But yf you meane as I thincke you do the common lawe of EnglaÌ„de I ansuere there ys no suche maxime in the coÌ„mon lavve of this realme of Englande as hereafter I shall manifestlie prove But yf yt vvere for arguments sake admitted for this time that yt be a maxime or generall rule of the coÌ„mon lavve of Englande yet to saie that yt ys so generall as that no exceptioÌ„ caÌ„ be takeÌ„ agaiÌ„st the same rule ye shevve your self either ignorance or elseverie carelesse of your credit For it doth plainlie appeare by the statute of 25. E. 3. 25. E. 3. beinge a declaratioÌ„ of that rule of the lawe which I suppose ye meane terminge yt a maxime that that rule extendethe not vnto the kinges children Whereby yt moste euideÌ„tlie appearethe that yt exteÌ„deth not generallie to all And yf yt exteÌ„de not to biÌ„de the kinges children in respecte of any inheritance desceÌ„ded vnto theÌ„ froÌ„ any of theire ancetours yt ys an argumeÌ„te a forttori that yt dothe not exteÌ„de to biÌ„de the kiÌ„ge or his crowne 5 E. 3 tit Ayle 13. E. 3 tit lettre 31 E. 3 tit tit Coson 42. E. 3 fo 2 22. H. 6 fol. 43 11. H. 4. fo 23 25. litletoÌ„ cap. vilenag And for a ful shorte answere to your authorities sett forthe iÌ„ your marginall notes as 5. E. 3. tit Aile 13. E. 3. tit lrÌ„e 31. E. 3. Coson 42. Edw. 3. fol. 2 22. H. 6. fol. 42 11. H. 4. fol. 23. 24. litlet ca. vilenag Yt maye plainlie appeare vnto all that vvill reade aÌ„d peruse thoses bookes that there ys none of them all that dothe so muche as with a peece of a worde or by any colour or shadowe seame to inteÌ„de that the title of the crowne ys bovvnde by that your supposed generall rule or maxime For euerie one of the saide cases argued and noted in the saide booke are oneli concerninge the dishabilitie of an alien borne and not denisen to demaunde any landes by the lawes of the realme by suyte and action onlie as a subiecte vnder the kinge The aduersaries case ê‘teinethe to subiectes onlye and nothinge tovvchinge any dishabilitie to be layed to the kinge him self or to his subiectes Is there any controuersie abovvte the title of the crowne by reason of any suche dishabilitie towched in any of theis bookes No verelie not one vvorde I dare boldlie saye as maye most manifestlie appeare to them that vvill reade and pervse those bookes And yet ye are not ashamed to note them as sufficiente auctorities for the maintenance of your evill purpose and intente But as ye vvolde seame to vnder stande that your rule of dishabilitie ys a generall maxime of the lawe so me thincketh ye shoulde not be ignorante No maxime of the lawe bindethe the â—rovvne vnles the crovvne specially be named that yt ys also as generall yea a more generall rule aÌ„d maxime of the lawe that no maxime or rule in the lavve can extende to binde the kinge or the crovvne vnlesse the same be speciallie mentioned therein as maye appeare by diuers principles and rules of the lawe which be as generall as is your sayed supposed maxime aÌ„d yet neither the kiÌ„ge nor the crowne is by any of them bownde As for exaÌ„ple yt ys very plaine that the rule of the tenante by the curtesie ys generall vvithovvte any exception at all And yet the same bindethe not the crovvne Of the tenante by the curtesie neither dooth extende to geue any benefitt to him that shall marye the Quene of englande As yt vvas plainlie agreed by all the lavviers of this realme vvhen kinge Phillippe vvas maried vnto Quene Marie Althovvghe for the more suertie and plaine declaration of the intentes of kinge Philippe and Quene Marie and of all the states of this realme yt vvas enacted that kinge Philippe shoulde not claime any title to be tenante by the curtesie Yt ys also a generall rule that yf a man die seased of landes in fee simple vvithe ovvte issevve male hauinge diuers davvghters the lande shall be equallie deuised amoÌ„ge the dawghters Whiche rule the learned men in the lavves of this realme agreed vpoÌ„ in the life of the late noble Prince Edvvarde Nor that the landes shal be deuided amoÌ„ges the doughters and also euerie reasonable man knowethe by vsage taketh no place in successioÌ„ of the crowne for there the eldeste enioieth all as thowghe she vvere issevve male Likevvise yt ys a generall rule that the wife after the decease of her husbande shal be indevved and haue the thirde parte of the beste possession of her husbande Nor the Wife shall haue the thirde ê‘te and yet yt ys verie clere that the Quene shall not haue the thirde parte of the laÌ„des belogiÌ„ge to the crowne as appearethe in 5 E. 3 5 E. 3 tit praerogat 20 21. E. 3 fo 13. 9. H. 6. f. 12 52. 28. H. 6 fo 15. Red. priÌ„te tit praerogat 21 E. 3 9 28. H 6. aÌ„d diuers other bookes Besids that the rule of * Nor the rule of possess fratris
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
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
Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
of this place ye have omitted Wherefore as this place servethe nothinge for any absolute electioÌ„ of a kinge the which you seame especiallie to regarde aÌ„d grownde your self vpoÌ„ so dothe yt as we have shewed as litle relieve you to prove thereby your conclusions especiallie againste the ordinarie succession either of a straÌ„ger or of a woman that ye wolde gather and coÌ„clude owte of the same Thus have we sufficientlie answered the place of Deuteronomie for this one purpose The other two aucthorities maye be muche more easelie answered The people mente nothinge else by theire sayde wordes spoken to David An anssvvere to the secoÌ„de of Samuel c. 5. but that they were of the seede of Abraham Isaac and Iacob as well as he and intended with trevve and sincere hartes vnfainedlie to agnyse him as theire cheif lorde aÌ„d Sovereigne For at that time the tribe of Iuda onlie wherof kinge Dauid came by liniall discente did acknowledge hym as kinge Novve the residevve which before helde vvith Saules sonne did also incorporate aÌ„d vnite them selues to the saide kingdome Yf this man loke well vpon the matter he shall finde I trowe that the Quene of Scottes maye aswell call her seâ—f the bones and fleshe of the noble Princes of Englande as this people call them selves the bones and fleshe of kinge Dauid But yet the greate terrible batteriÌ„ge caÌ„noÌ„ Athalia ys behiÌ„de She beinge in possessioÌ„ of the kiÌ„gdome seaueÌ„ yeares was iustlie thrust owte by cause she was an alien we maye then sayethe this man iustelye denye the Quene of Scottes before hande the right of that which yf she had in possession she coulde not iustelye enioye Yet Syr yf the Quene of Scottes be no alien as we have sayed then ys your cannon shotte more fearefull then dangerouse We denie not but that Athalia was lavvfullie deposed but we beseache you to tell vs your authours name that dothe assigne the cause to be suche as ye alleage Suerlie for my ê‘te after diligente searche I finde no suche authours Truthe yt ys that Iosephus writeth as ye do Iosep. Iud. antiq li. 9 c. 6. that she discended by the mothers side of the Tyrians and Sydonians yet never thelesse he assignethe no suche cause as ye do And as ye are in this your pretie poisoned pamflett the firste I trowe of all christian men I Will not excepte eyther latine or greke vnlesse yt be some fantastycall fonde and newe vpstarte Doctours as Maistre Knoxe or some the like neyther Iewe Chaldyan nor Arabyan that hathe thus strangelye glosed and deformed this place of the holie scripture againste the ordinarie succeffion of vvomen Princes so are you firste also A nevve fovnde aÌ„d mad inter pretation who ys an alieÌ„ made by the aduersarie of all either deuines or lawiers throughe owte the world that hathe sett forthe this newe fownde folishe lavve that the kinges childe muste be counted an AlieÌ„ vvhose father and mother are not of the same and one coÌ„trey Yf the Frenche or Spanishe kinge chance to marrye an Englishe vvoman or the kinge of Englande to marrie a freÌ„che a Spanishe or any other coÌ„trey woman theire children by this newe Lycurgus are Aliens aÌ„d so coÌ„sequentlie in all other nations all suche as haue bene shal be aliens by this your newe oracle For vvhat other cause shewe you that this Athalia was an alien but by cause her mother vvas an alien Genus ducens Iosep. li. 9. cap. 7. say you a Tyrijs Sidonijs coÌ„minge by liniall discente by the mothers side from the Tyrians and Sydonians Kinge Achas maried her mother dawghter to Ithoball kinge of the saide Tyrians and Sydonians This Athalia vvhom Iosephus callethe Gotholia Achas dawghter married Ioram kinge of Iuda her brother called also Ioram beynge kinge of Israël after the decease of his father Achas Athalia was no alieÌ„ amoÌ„ge the Iewes So then ye see that this Athalia vvas no more an aliâ—n amoÌ„ge the Iewes then kinge Edbaldus was the sonne of Bertha a Frenche womaÌ„ and of kinge Ethelbertus the firste christian kinge of the Englishe nation No more then vvas the noble kiÌ„ge Edward the thyrde borne of a Frenche vvoman No more then Quene Marie vvas No more then shoulde haue bene the issewe of the saide Quene Marie or our gratious Souereignes issewe shulde be in case she maried with any forren PriÌ„ce I ê‘ceaue that your fellowes that wolde faine make kinge Shephen and kinge Henrie the seconde and Arthure nephewe to kinge Richarde the firste aliens had but rude dull and grosse heades in comparisoÌ„ of your fine subtile and highe fetches Yf I shoulde nowe desire your patience not withstandinge the allegatioÌ„s of all your diuinitie to be conteÌ„te a while and towchinge this matter to hearken to the moste excellente ciuilian Vlpian thowghe he were an Ethnick ye wolde parchance make litle accompte of him and be angrye withe me for producinge a prophane witnes against you And yet trewlye in this I offerre neither to you nor yet to godes holye vvorde any iniurie in the vvorlde For Christe his highe and deuine doctrine dothe not subuerte nor impugne humane oâ— ciuill policie beynge not repugnaÌ„te to his expresse worde wyll Let vs then heare whoÌ„ the saide Vlpian maketh an Alien Who is an alieÌ„ by Vlpian whoÌ„ he definethe to be an Alien He ys a Campane sayethe this Vlpian that ys borne of father and mother beinge Campanes Yea yf his father be a Campane and his mother be a Puteolane yet ys the childe a citezin or burgesse of Campanie And then he shewethe farther that in some contreyes as amonge the Ilians the Delphians and them of Pontus the childe shal be cownted to be origiginallye of the mothers and not of the fathers contreye His wordes in latine as he wrote them are theis L. 1. ff ad muni c. 1. pec Qui ex duobus Campanis parentibus natus est Campanus est Sed si ex patre Campano matre Puteolana aequè municeps Campanus est nisi forte priuilegio aliquo materna origo censeatur tunc enim maternae originis erit municeps vtopte Iliensibus concessum est vt qui matre Iliensi est sit eorum municeps Etiam Delphis hoc idem tributum conseruatum est Celsus etiaÌ„ refert ponticis ex beneficio Pompeij Magni compepetere vt qui PoÌ„tica matre natus esset Poticus esset Whiche his sayenge ys directe against you for this your strange declaration of Alienigenâ— an alien Well yf neither the declaration of Vlpian nor yet the practise of the worlde most conformable also to reason nor any thinge else will satisfie you vnlesse yt be deriued and taken owte of holye scripture we are coÌ„tente to ioyne issewe with you aÌ„d to be tried by the same onlye Matt. 1. Iosue 6. Christe came liniallie of Booz whoÌ„ SalmoÌ„ begatt of Raab as the moste coÌ„mon opinion of writers ys that
⧠A defence of the honour of the right highe mightye and noble Princesse Marie Quene of Scotlande and dowager of France with a declaration aswell of her right title intereste to the succession of the crowne of Englande as that the regimente of women ys conformable to the lawe of God and nature ⧠Imprinted at London in Flete strete at the signe of Iustice Royall against the Blacke bell by Eusebius Dicaeophile Anno Dom. 1569. ⧠THE AVTHOVR TO THE GENTLE READER IT ys not vnknowen to the geÌ„tle Reader beinge an Englishe man vvhat greate contention hathe of late risen in Englande what talke and vvritinge haue bene towchinge the ryght of the Quene of ScotlaÌ„de to the succession of the crovne of EnglaÌ„d what hote scholes and disputations haue bene kepte in manye places here towchinge the right heire apparente of the crowne of Englande yf God call to his mercie our gratiouse Quene Souereigne Elizabethe with owte issewe of her bodye Neither hathe this sturre stode withe in the liste of ernest and feruente talke of eche side but men haue gone on farther and haue aswell by printed as vnprinted bookes done theire indeuour to disgrace blemishe and deface as muche as iÌ„ them liethe the iuste title claime and intereste of the noble and excellente Ladie Marie Quene of Scotlande to the foresaide crowne Yea they haue in vtteringe theire grosse ignoraÌ„ce or rather theyr spitefull malice againste her grace ronne so on headlonge that they haue expressely denied and refused all womanlye gouernemente All vvomans regiment refused of some Amonge other one of theys rashe hote hastie and headye companions hathe caste abrode abowte Iulye last a poysoned pestiferous pamflett against the saide Quenes clayme and interest Wherein he auouchethe also that the ciuill regimente of women ys repugnante bothe to the lawe of nature and to the lawe of God It ys more ouer well knowen to all Englande and Scotlande what a busines and sturre there hathe bene what earnest vehemente and violeÌ„te talke what false fained and forged reportes and opprobriouse slaunders haue bene bruted as well in the one as in the other realme againste the sayde vertuouse good innocence Ladye and Quene by the craftie maliciouse drifte of her rebelliouse subiectes Who haue not onlye blowne abrode and filled mennes eares with lothesome and heynouse accusations against her grace towchinge the slawghter of her late deare husbaÌ„de But haue also vpon this false slaunderouse crimination taken armes agaiÌ„st her emprisoned her spoyled her of all maÌ„ner her costelye apparell Iewelles and also bereaued her of her princelye and Royall aucthoritie intrudinge them selues into the same vnder the name and shadowe of the yonge Prince her sonne Towchinge all theys poinctes ye shall haue nowe good reader in this treatise followynge deuided in to three bookes The contentes of the bookes followiÌ„ge an answere And for as muche as Salomon writethe and this good Ladye so takethe yt that a good name ys to be praised and valewed aboue all pretiouse oyntementes Ecclesi 7. aboue all golde and syluer Proue 22. and that the impayringe of her honour by theys fowle and slawnderouse reportes dothe towche and nippe her harte nerer then maye the losse of anye worldelye honour hanginge vpon her by expectation or that she hathe enioyed or dothe presentlye enioye or any other greauouse iniuries that she hathe most wrongfullye but most pacientlye suffred Yt ys thowght good that the defence of her honour shoulde forgoe the other two bookes wherof the former entreatethe debatethe and discussethe the right title and interest of the sayde Quene Marye to the succession of this crowne of Englande Declaringe her sayde right and title to be good and lawfull by the common lawe of this realme and the actes of parliameÌ„te therein holdeÌ„ with a full answere of suche obiections as the aduersaries laye forthe against her saide right by coulour of the saide lawe or parliamentes And for as muche as with our foresaide newe fouÌ„de doctour neither common lavve nor actes of parliamente seame to serue for a sufficiente plea but that we are by him driuen also to pleade by the lavve of nature and by scripture We haue adioyned in the thirde booke a coÌ„ueniente answere to this fonde fantasticall and daungerous assertioÌ„ as well to the states of other Princes as to the state of his and our gratiouse Souereigne Wherein we auouche womans regimeÌ„te to be coÌ„formable bothe to the lawe of God and the lawe of nature Which tretise maye seme ê‘chance to some as superfluous neither I greatlye denye yt and there fore might and vvolde gladlye haue spared so muche labour and trauaile yf this litle poisoned pamflett had not manye readers and many also fauorers and allowers or yf the matter did not so nighe towche euen our owne gratious and noble Souereigne or yf this lewde assertion were not as yt were by a Sampsons poste vvithe the countenance of the lawe of nature and Godes holye vvorde vnderpropped or yf that Godes holye vvorde were not nowe a dayes wretchedlye applied God reforme yt and licenciouslye vvreathed vvrested to the maintenaunce of euerye priuate maÌ„s fansie and follye and as fondelye and folisshelie credited embraced also of other fantasticall persons or yf this man were the first Se the first Blaste or like to be the lâ—ste mainteyner and setter forthe of suche a straÌ„ge and daungerous Paradoxe Or yf there haue not alredy bene publisshed and divulged by printe englishe bookes for the maintenance of the saide strange doctrine Which vvas yf vve shall creditt the setters forthe of yt firste well coÌ„sidered then aduisedlye allowed by suche persons as a greate multitude of people in manye contreyes do nowe greatlye esteme and honour or yf the daunger of this doctriÌ„e stretched not to many other greate Princes and kingdomes or to conclude yf the divulgation of this doctrine stode onlye in Englishe Bookes and that there vvere not Bodinus in metho ad cognit hisstor that haue shewed theire fonde fansie therein euen in the latin and most common tongue of all For theys and other causes vve haue sett in the last booke a confutation of this grosse and dangerous error where as also he eÌ„ueyethe most slanderouselye against her highnes for the foresayde slaughter vvith bare naked but spitefull reproches and oute cries with ovvte anye manner of kinde or countenance of good proufe we will referre the Reader to the foresaide defence of her honour By the which ansvvere ye shall see her integritie innocencie and vvith all that her accusers have in this matter played suche a Tragedie agaynst they re gwyltles Ladie and gratiouse Sovereigne as lightlie the worlde hathe not harde of the lyke The whiche theire false slaunderouse The commeÌ„dations of diuers kinges for releauinge of other PriÌ„ces beinge in extremitie owtragiouse rebelliouse doynges yt ys hoped that our gratiouse Quene wyll well consider and ponder and wyll take
some conveniente order also aswell for the repressinge of them as for the restitution of the sayde Quene Marie into her owne realme And the rather bycause our saide Quene ys learned and therefore not ignorante what greate coÌ„meÌ„dation and immortall fame manie kynges haue purchased to them selves for suche benefitt bestowed vpon other Princes beynge in the like distresse and extremitie The monumeÌ„tes of antiquitie as well prophane as Ecclesiasticall are filled withe the memorie of suche noble factes In holye scripture we reade that Abraham cowragiouselie and manfullie delivered hys brother Lothe Genes 14. whith certaine Kynges taken prisoners by they re enimies Esdrae â–ª 1. Cyrus deliuered the Iewes from captiuitie 4. Reg. c. vlt. Evelmerodache delivered Ioachim the Kynge of Iuda ovvte of prison 1 Machab. 15. The Romans dyd write to divers Kynges in the favour of the Ievves vniustlie oppressed What shall I speake of Alexander the greate that restored Ada the Quene of Caria Or of the foresaide Romans that restored Masinissa the Kynge of Numidia with manie other Kynges Or of our noble Cordell that sett vp agayne in the Royall throne of our Britannie her father driuen from thence by hys two other vnkinde and vnnaturall dowghters Some Princes of this our realme haue in they re greate calamitie amoÌ„ge other kinge Henrie the sixte fownde muche coÌ„forte freÌ„dshippe succour and relief at the kinges handes of Scotlande This Ladie Quene desierethe nowe to taste the like at our Quenes handes Whereby she shall winne greater commendation then did Charles the late Emperour for restoriÌ„ge either of FraÌ„cis Sfortia to the dukedome of Millane or of Muliasses to the kiÌ„gdome of Tunes or of his soÌ„ne kinge Philippe for ê“curinge the restitution of the Duke of Sauoye For this Ladye and Quene ys her most nighe neighbour by place And her nighe cosen and sister by bloude She ys a Quene and therefore this vvere a fitt benefitt for her relief from a Quene Yea she ys as yt were her dawghter bothe by dawghterlye reuereÌ„ce she bearethe her maiestie and by reason she ys of God called to the daughters place in the succession of the crowne yf her maiestie faile of issewe And I dowbte nothinge yf she imploye this motherlye benefitt vpon her but that she shall finde her a myndefull thankfull an obediente dawghter For of all women in this vvorlde she abhorrethe ingratitude She hathe hitherto depended onlye vpon the hope The greate truste that the Quene of Scottes hathe euer had in her deare sister the Quene of EnglaÌ„d to haue helpe and succour of her maiestie geuinge ouer partelye voluntarie partelye at the motion of her maiestie diuers profers of ayde and succour by other mightie and puissante Princes her frendes frelye to her offered reposinge her self vpoÌ„ the fayre and princelye promises that her Maiestie hathe made to her sondrye tymes aswell by lettres as by messengers for her relief when so euer oportunitie shoulde occasion her to craue yt For theys and manye other coÌ„siderations there ys good hope as ys a foresayde that our gratiouse Maistresse will take in hande her restitution Wher vpon I trust shall followe suche farther and entire amitie betwene them bothe and theire realmes that the benefitt fruite and commoditie therof shall plentifullye redowne aswell to all the posteritie of bothe the sayde realmes heare after as to vs presentlie ⧠The printer to the reader I Require aÌ„d hartelie praye the good and louinge reader that yf in this praesent Boke thou finde any alligation not dewlye coted or a poinct out of place a lettre lackiÌ„g or other wise altered as n for u and suche littill light faultes against orthographiae thov wilt neither impute the same to the authour of this worthie Worke nor yet captiouslye controule the errour but rather of thy humanitie and gentilnes amende that which is amisse with thy penne For if thou diddist knowe with what difficulté the imprinting herof was atchiued thou woldest rather curtouslye of frendlye faueur pardon many greate faultes than curiouslye withe rigorouse censure to condemne one litle Christe kepe the in his faithe and feare praesentlie and perpetuallye Amen ⧠A DEFENCE OF THE HONEVR OF THE ryght hyghe ryght myghtye and noble Princesse Marie Quene of Scotlande aâ—d Dowagere of France The fyrste Booke IT WERE to be wisshed that as God and nature hathe moste decentlie ordinatelie and providentlye furnisshed and adorned man with two eyes whie that nature hathe geven co man too eyes and tvvo eares aud but on tongue two eares and butt withe one mowthe and one tongue woÌ„derfulye brydled and kepte in with the lippes the teathe â–ª So men wolde coÌ„sider the cause of yt aÌ„d the greate prouideÌ„ce of God therein And after dewe consideration vse them selues accordingelie Then shoulde we sone learne and practise a good lesson to heare and see manye thynges and yet not to rune headloÌ„ge nor rudelie aÌ„d rashelie to talke of all we here and see But to talke within a coÌ„passe and to referre all our talke to a temperancie and sobrietie and to a knoven tryed trevthe especiallie where the sayde talke maye sownde to the blemishinge and disgracinge of anie mans good name and estimatioÌ„ But nowe a daies the more pittie thereis nothinge almoste but that as sone as yt ys perceaued by the eye or eare must forthwithe be lasshed owte agayne by the mowthe suche a superfluouse and curiouse ytchinge we haue dissolutelie and vnadvysedlie to talke of all matters thowghe they tende to the greate hynderance and infamie of manye of our bretherne And thowghe we be nothinge assured of the certaine trewthe of the matter yea withoute respecte to pryuate or publike persons Of suche vnbrydeled talke no man or woman in our dayes hathe as I suppose more iuste cause to coÌ„plaine then the ryght excellente Princesse ladie Marie Quene of ScotlaÌ„de whose honour manie haue gone abowte to blotte and deface in charginge her most falselie and iniustlie withe deathe of her late husboÌ„de the lorde darley For the defence and mainteynynge of whose innocencye in thys behalf we intende to laye forthe before the gentle reader the moste cheif and principall reasons grounds and arguments where vppon the patrones the inuenters and workers of all theis myscheavouse and develyshe dryfts grownded them selves and all they re owteragyouse doyngs And then consequentlye to infringe and repulse the same For to rehearse answere to and repell all they re assertions and obiections yt woulde require a verie longe tediouse and a superfluouse discourse in as muche as theis iolye gaye oratours measuringe theire doings more by nombre of false obiections then by trewe substanciall and pithie matter to make a goodlie florishe and a trime shewe to face owte and countenance they re craftie iuglings And to cover they re disordered dealings there with all have raked vppe and heaped together onevppoÌ„ an other against they re good maistresse and Sovereyne Quene no small nomber
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
laie a nevve fondation to builde theire longue conceaued treasons on And saie that all this curtesie fauour loue and amitie vvas but a sett matter on her parte and colorable shewe and a dissembled drifte and fained pretence by her colorablie conuaied vpon none other purpose but to flatter and entice him to Edemborovve to his bane vvhiche saie they appearethe bi her ovvne lettres It irkethe and greauethe them to the verie harte to heare of the reconciliation And therefore thei toile and tumble from one kinde of lienge rethoricke to an other eauen quite contrarie For as before thei fovvnde greate faulte vvithe her for estranginge her fauour from him so novve at the laste thei mislike at her greate trauaile taken in her progresse to visitt and conforte him iudginge and reputinge all her devvtifull kindenes as hypocriticall and counterfeated dissimulation Wherein bi theire maliciouse coÌ„struinge and vvronge interpretation of vvell and comendable doinge thei represente the naturall dispositioÌ„ frovarde inclinatioÌ„ of the deuell vvho hathe that name for that he ys vvillingelie and of purpose 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a maliciouse false reporter and a slanderouse accuser As for the lettres they take holde on aÌ„d slaunder her for vve shall hereafter examine them vvhatvveight they beare Well then yf there vvere suche a reconciliation made betvvene them as I haue saide to be as there ys litle or no cause at all vvhy any maÌ„ shulde thincke that the Quene vvas priuie or vvare of the meanes of his deathe so maie yt seame but meare superfluouse for vs either to reherse vvhat surmised difference vvere betvvene them or to confute the falsitie of all suche allegations namelie seinge that in some therof they charge the moste innocente Quene The aduersares charge the Quene vvithe their ovne vvycked deuises vvithe theire ovvne moste levvde navvghtie aÌ„d vvycked deuises and detestable practises As for an exaÌ„ple prouf therof the Erle Murraye and his counsaile ê‘ceauinge that for a time the Quene seamed not vvell to like of her husbands doings albe it vvhat soeuer her sayd mislikynge vvere yt vvas as ys afore saide for the loue off him in respecte of his ovvne proufit and coÌ„moditie beinge verie desierouse to bringe home againe their coÌ„federated mate the Erle Morton vvho then vvas in banishmente and remained in Englande for the slavvghter of Dauid her Secretarie with oute whose presence and present aduice theire fetchinge practizes were halfe maimed lacked force to take effecte Were earneste sutors that yf she wolde pardon him they wolde procure a diuorse betwene them wherto she vvolde not agree The Quene moued by theÌ„ to make a diuors withe the l. Darley But vvhat haue the is good men novve done thincke ye in this parte Suerlie they haue plaied the saide pageante vvithe this innocente Susan as the tvvo vvicked Iudges did playe vvithe the other former Susan They laye harde to her charge theire ovvne navvghtie and vvycked counsell and deuise Yt vvere therefore but a vaine and loste labour for vs to staye and tarrie longe vppon the confutation of theire ovvne craftie maliciouse inuentions and procedings in procuringe an alienation of the Quenes minde from her deare and vvelbeloued husbande The accusatioÌ„ towchinge lettres seÌ„t by her to the Erle Bothvvell or vpon anie other alienation vvhat soeuer yt so beinge that they them selues can not denie but that there follovved a good pacification and reconciliation betvvene them We vvill consequentlie therefore consider the seconde principall pointe of our discourse For theie theie saie that thei haue a sufficiente prouf to iustifie the chefest parte of theire accusation A proper iustification perdie this ys theire iolie vvitnesse this ys theire singulier Ievhell vvhereby they sett muche store the valevve vvherof in theire eyes sight they repute and accompte as of an inestimable treasure This moste necessarie vvitnes they haue alvvayes attendante at haÌ„de and redie at a becke to serue theire turne at a pinche vvhen nede requirethe for all theyr purposes and Attempts Yf ye dovvte of the veritie of any parte of they re accusations this vvitnes thovvghe yt neuer savve nor hearde of any suche thinge vvill full faire bleate yt ovvte and make all things accordinge to theire minde as cleare as cristall or as the bright shininge sonne So that yf this vvitnes ons failethe them then all theire accusation failethe them therevvith and by and by quailethe And sovvthlie this vvitnes yet all this not vvith standinge vvhat else ys yt but a blinde a deaff and a dome testimonie of certaine obscure lettres vvritten and endited as they moste falselie and as vainlie avovvche and vvere neuer hetherto able to proue by the Quene to the Erle Bothevvell It ys forsovvthe a boxe off lettres taken from one Dovvgleisshe vvho vvas executed for the lorde Darleyes deathe the Erles man forsovvthe vvhiche lettres he receaued at Edenborovvghe of one Syr Iames Ballfoure to conuey to his maister thus saie theye The vnlilikelie tale of the Erle Both wells lettres surmysed to be sent to master Ballfoure But vve saie to you as ys sayde in Terence Non sunt haec satis diuisa temporibus The verie time yf nothinge else vvere bevvraiethe you and your vvhole cause vvith all Is yt to be thovvght that either the Erle vvolde sende to the sayde Syr Iames vvho had before assisted the faction against the Quene vvith the force and strengthe of Edenborovvghe castle And driuen from thence the verie Erle him self or that the saide Syr Iames vvolde sende anie suche thinge to the Erle Is yt likelie Ys yt credible Had the forgers and inuentours of this tale by seamelie conueyance parted and deuided the distinction of his times Hovve saie you Where as novve yt ys in no case to be supposed or coniectured that suche a vvise vertuouse ladie vvolde sende anye suche lettres Yet puttiÌ„ge the case that she had sent them yt ys not to be thowght that either the receavour therof or that she her self whom ye coÌ„ceaue to haue sente them wolde haue suffered them for the hasardinge of her estimation and honour to remayne vndefaced namelie seinge there was a speciall mention made and vvarninge geven forthvvithe to burne them and make theÌ„ awaye Neuer thelesse when you haue taken your beste aduantage you can of them In case the surmised letres vvere sente by the Quene they can make no good prouf agaiÌ„st her suche kinde of lettres missiue and epistles especiallie not conteininge any expresse commaÌ„demente of anye vnlavvfull acte or deede to be committed and perpetrated not ratifienge or specifienge the accomplishemeÌ„te of anie suche facte alredye paste but by vnsure and vncertaine ghesses aymes and coniecturall supposings are not able in aniewise to make a lavvfull presumptioÌ„ muche lesse anie good substanstiall prouf not onlie agaynst your Sovereigne and Prince but not so muche as against the porest vvoman or sympliest vvretched creature in all Scotlande Suerlie the civill lawe Willeth
that in criminall matters for suche are theis the accusers alledge and bringe fourth nothinge but that they maye be able to approve and iustifie by the testimonye of good and lawfull vvytnesses l Fin. C. probat or by some other most manifest cleare and euident prouf or presumptions Sciant cuncti accusatores eam se rem deferre in publicam notionem debere Vvhat exquisite proufes be required in criminall causes quae munita sit idoneis testibus vel instructa apertissimis documentis vel indicijs ad probationem indubitatis luce clarioribus expedita This rule owght to be obserued and kept in the simplist and seliest poore mans cause that is And thincke you novve Theys surmised lettres neither haue superscription of the vvriter nor subscription neyther anye date neither signed nor sealed the berer neuer knevven you most vngrate and vnthaÌ„kefull subiects that ye maye lavvfullie take armes against your maistresse most benigne Quene that ye maye cast her into vile prison and spoile her of her crovvne And Whiche ys more of her good aÌ„d honorable name fame and estimation And then bleare meÌ„s eyes and face the Worlde owte With the shewe of theis lettres as yt Were with a carde of tenne But yet saye you they are her lettres she deniethe them and We denie them to There ys neither subscriptioÌ„ of the writer nor suê‘scriptioÌ„ vnto vvhome they Were directed they are neither sealed nor signed there appearethe neither date Wherein they Were dated neither daye nor monethe There ys no meÌ„tion made of the berer Who is as yt maye be supposed for any name he beareth the man in the mone He Was never yet knovven nor hearde of that did either receave or deliuer them For as for hym that ye surmise Was the bearer of them and Whome you have executed of late for the saide murther he at the time of hys saide exeÌ„cution toke yt vpon hys deathe He that vvas the surmised bearer at his deathe denied the same as he shoulde ansvvere before god that he never caried any suche lettre nor that the Quene vvas participaÌ„te or of counsaile in the cause Thincke ye that vvise experte men are ignorante hovve perelouse and daÌ„ngerouse a matter yt ys to fasteÌ„ any good prouf vpon collation of lettres and hovve easie yt ys to some men to imitate counterfaite any character the which a knight late disseased in Englande coulde so livelie and subtilie doe An easye thinge to coÌ„terfeite a maÌ„s haÌ„d that he Who vvrote most crabbedlie vnâ—eageablie coulde hardelie discerne hys ovvne hande Writinge from the knights counterfeitinge haÌ„de But Who coÌ„ferred theis lrÌ„es I praie your vvith your Quenes ovvne hande writinge Dare you to Warrante them in this so perilouse and weightie a cause to haue bene so exquisitelie and so exactelie vewed coÌ„ferred vith all suche devve circunstances as the ciuill lavve dothe require vvere yt but a ciuill or a money matter You vvill paraduenture ansvvere that there vvas devve collation by you made O perfecte and vvorthie collation O mete and apte men for suche a purpose As thovvghe yt ys not notoriouselie knovven throvvghe ovvte the Worlde that ye are her most mortall enemies as thowghe theis counterfeite lettres vvere not the vnderpropped postes and vpholders of your whole treacherie and vsurped kyngdome As thovvghe that manie in ScotlaÌ„de coulde not expresse and resemble aÌ„d counterfeite in theire vvritinge the Quenes verie character And as thovvghe there vvere not amongest your selves some singuler artificer in this handicrafte and that hathe sente lettres also in her verie name asvvellinto Englande Theis lettres vvere fained coÌ„tritved by the Quenes aduersaries as to other places besides vvithovvte either her commaundemente or knovvledge Hovve caÌ„ I chose theÌ„ but saie that this deade ys your shamefull handicraft not her hande vvritiÌ„ge Yea suerlye all this ys your ovvne fained forginge most vile counterfeitinge Yf you be aÌ„grie vvithe me for thus saieÌ„ge by you I hope you vvyll be sone colde againe seinge that I vvill not bringe ovvte anye deade vvitnesses as ye craftelie do contrarie to reason and lavve Quia testibus non testimonijs credendum est Nor suche like but good sufficiente and lavvfull vvitessnes suche as ye can not by anie iust exception or tergiuersation auoide or elude And those are none other but eauen your selues For either you muste bringe forthe good and apparente vvitnesses to proue yt her hande or some suche as Were priuie to the meaninge of the same lettres wiche ye neither yet haue done nor are likelie ever to doe or ye muste graunte that you Were priuie to them your selues Withe the Quene or at leaste Withe the saide Erle Whom ye surmise to haue receaued theis lettres or that all this ys by you maliciouselie driuen and concluded Yf ye graunte vs that ye vvere priuie of the saide lettres vve trust then you vvill be good to the Qâ—ene aÌ„d yf yt were but for your owne honesties sake Yf ye denie that and vvith all that you Were the coÌ„triuers therof your selues We praye you to tell vs and blushe not hovve you coulde so redelie and so directelie hitt the interpretation of theis Words our affaires and What theis vvords shoulde meane there beinge so manie affaires as you pretende in theis your fained false lettres betvvene the Quene and the Erle That onlie thinge that by theis words ye surmise pretende and coniecture I suppose that yf you vvere vvell examined of this pointe vpon the sodaine and vvere vrged and vehementlie pressed by anie indifferente and vpright iudge you vvolde be somevvhat to seake And yet take at your leasure as good aduisemente and as longe consultation vvithe your selues as ye can and maie thincke mete And seake as manie fine fetches as ye liste ye neuer shall shifte yt of vvith honestie norvvell rydd your hands therof Wherof I for my parte do take my self full assuered and therefore do thincke it a neadelesse discourse for me to make any farther descante vppon suche an vnpleasaÌ„te iarringe and vntunable plaine songe of your owne settinge aÌ„d makinge And am right vvell contented that ye do make as gaie glosinge comeÌ„ts aÌ„d interpretations as ye liste and as your couninge aÌ„d skil serwe you to this your owne shamefull vntrewe texts But nowe weighe and consider vvithe your selues I hartelie praye you and see vvhether that all your legerdemaine and close coÌ„ueiances in your false playe aswell towchinge and concerninge your fitt Iuglinge boxe as all your other like trickes and cuninge illusions be not fullie espied and plainelie and openlie Inovvghe layed ovvte to eache mans eie to beholde and vewe And as tovvchinge your saide Iuglinge boxe you haue bene verie fovvlie aÌ„d meruelousely ouerseeÌ„ in the close and cleane conueiance of your fingers For that a man more then half blinde maie perfectelie see and perceaue your fovvle plaie for as muche as the verie self saide dovvgleishe vvhom amonge other ye haue executed
to the thirde for theis same men knevve right Well that the Quene had putt her soÌ„ne saulf and suer inovvghe in the gvvarde aÌ„d custodie of the Erle of Marre But see I praye you the impudencie of theis men And consider hovve muche yt ys to be mused and merueled at Who are not asshamed to publishe by open edicts and proclamatioÌ„s that the Prince shoulde be in more securitie and saufegarde vnder the protectioÌ„ kepinge of the Regente and vsurpinge rebells then vnder the hands and bringinge vppe of his ovvne most naturall deare mother withe diuers other the like vnnaturall ridiculouse and absurde propositions God blesse hym and graunte hym no worse to speade then hys most tender and louinge mother dailye wisshethe aÌ„d coÌ„tinuallie praiethe for Who good svvete babe The Prince yf he vvere at age wolde not like thennimes doings against his mother yf he had age and discretion to vnderstande theire doings vvolde geue the Erle Murraye and his fellovves but coulde thancks for the intrudinge of hym against his good mother vnto the crowne and gouernemeÌ„t of the realme but vvolde and myght vvell saie that this vvas but a colour vnder hys shadowe to strengthen him the saide Erle against hys good mother and perchannce against hys owne selfe to Hys owne vnnaturall coronation also thovvghe theis men muche bragge yt solemnelie and orderlie to have proceded he Wolde as muche mislike Neyther vvolde be bye yt so deare nor come forthe to be a kinge so vnnaturallie as the vipers enter into the worlde by eatinge and gnavvinge ovvte the mothers vvombe He vvolde demande and aske vvhat strange nevve fovvnde solemnitie and fonde manner of coronation this Was. For the matter beinge of so greate and vveightie importance of one hundred Erles busshopps and lordes and more that haue voice in parliamente vvherof all or the more parte of them shoulde have an agremeÌ„te likinge and consente as to all other so to theis publike doinges also there vvere no more presente but fovvre Erles onelie He vvas vnlawfullie crovvned Wherof the most honorable had not the seventhe or eyght voyce in the parliamente amonge the Erles nor yet the first of tvventie voyces amonge all the states We had farther but sixe lords Who also vvere suche as had laied theire violente hands vpon theire Quene afore and putt her in prison And least all shoulde be voyde yf they shoulde seame to lacke theire full congregation of the spiritualitie and temporalitie in leapeth one busshoppe and tvvo or three abbotts and Priours But yet vvere there not solemne protestations I praye you then openlie made and authenticall instruments therof made also that what soeuer vvas that daye done either for the coronation and inuestinge of the kinge or for the establisshinge of a regente or otherwise against the Quenes royall estate and person yt shoulde not be to her in anie pointe hurtefull or preiudiciall as beinge then violentlie deteined and imprisoned Well you vvill alleage paraduenture that all theis procedings vvere ratefied and confirmed by acte of parliamente Vvhie the confirmation of the rebelles doings made by an acte of parliameÌ„t ys nothiÌ„ge vvorthe Yet all this not vvithstandinge thys noble impe yf he vvere at ripe yeares vvolde no dowbte acknovvledge and allovve no suche disordered parliamente But vvolde enquire of you vvhat authoritie you had to call and somon the saide parliamente He vvolde saye that the ratefienge of the saide dimission of the crovvne by his mother ys not allovvable or to be approued Firste by cause she vvas then in prison and not at her owne libertie nexte by cause yt vvas done by violence and forced withe feare of life and so vvhatsoeuer vvas builded vppon this fovvndation beinge of suche vveakenes and so vnstable coulde neuer be firmelie and suerlie established aÌ„d corroborated He vvolde farther saye that diuers of the cheif and most principall amonge the nobilitie nameli the Erles of Argile and Huntley vvith the lorde Herris vvolde not in anie vvise accorde or agree therto othervvise then yt shoulde stande vvithe the Quenes voluntarie will voide and free from all manner of threatninges force and violence Wherof they did full earnestlie and solemlie proteste requiringe they re protestations to be enacted and recorded He vvolde more ouer saye that he coulde in no vvise vvell like of that parliamente that shoulde so dishonour his ovvne good mother and make her to be an infamouse Princesse havinge none other grovvnde and prouf to leade them to do so but onelie a fevve vncertaine ghesses and vnknovven obscure lettres He vvolde no dovvbte for all theis menâ— vaine bostinge and bragginge of Iustice and quietnes most tenderlie lament and vvofullie bevvaile the miserable and pittifull case and dolorouse state of that selie poore ragged and rent realme the vvretched and infinite robberies and spoiles coÌ„mitted and done vpon the trevve loiall subiects therof beinge dailie moste greavouselie oppressed and shamefullie murthered And the vvhole realme so mervelouselie maimed that the verie outevvarde enemye dothe sore lamente to see yt or heare therof and that vvilbe wondered at of all the posteritie so longe as the vvorld dothe staÌ„de He Wolde yet saye that in case there had bene no iniurie offerid either to his mother or to anie other he vvolde not suche miserie shoulde throvvghe hym or vnder hys name be cavvsed or occasioned thovvghe he might purchase therby the greattest empire in the vvorlde Thus maye euery man see perceaue howe dishonorable howe disloiall your acts doings haue bene and also hovve disagreable to your saiengs protestations and praetenses For ye pretended at your firste seditiouse motion as vve haue declared the Quenes libertie and honour and that ye vvolde duelie and feaithfullie serue her vvhiche your seruice vvhat yt was let your doings declare Ye make pretence that ye toke aâ—mes cheifelie for the apprehension of the Erle Bothvvell and yet ye dimissed and lett hym goo beinge presente and neuer but longe after and colorablie sovvght him Ye pretended the quietnes aÌ„d peaceable gouernemeÌ„te of the realme but the realme vvas never theis manye hundred yeares so disquieted turmoiled vvithe so sore stormes aÌ„d blustering tempestes The inconstancie of the QueÌ„s ennemies first pÌ„tendinge before the Q. and counsaile of EnglaÌ„de her voluntary dimission of the crowâ—e aÌ„d that afterward that she vvas deposed Ye pÌ„tended at your first inueienge aÌ„d coÌ„ference agaiÌ„st your sayde Maistris before the Quene of EnglaÌ„ds comissioÌ„ers that she findinge her self vnable and vnmeâ—e to rule and gouerne her realme and subiects voluntarilie yelded vpp and surrendred the crowne But the contrarie ys moste appareÌ„tlie knovven Yea you your selues about tvvo monethes after quite forgetinge your firste allegatioÌ„s saye that the states of the realme of ScotlaÌ„de depriued aÌ„d deposed her At What time ye also made soleÌ„ne hypocritical aÌ„d cloked ê“testatioÌ„s how lothe you Were to publishe and detecte anye matter to her dyshonour Wherto might be replied against you aswell the rule of
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
to travaile muche or farre for the findiÌ„ge oute of this matter For he mowght at all times have fovvnde the heades of the conspiratours vpon the Erle MortoÌ„s his ovvne shulders Th' Erles Murraie mortoÌ„ the heads of the conspiracie against the lorde Darley vve saie farther that as yt ys a straÌ„ge aÌ„d a newe kiÌ„de of deuotioÌ„ in the Erle Murraye so to quarrell for lacke of soleÌ„nitie at the buryall of him for whose saide buriall he longed and loked for so loÌ„ge So we saie likewise that yt seamethe Wonderfull to love him so teÌ„derlie beinge deceased and deade WhoÌ„ he so deaplie hated livinge And to seake so seriouslie and severelie to punishe the murtherers of hym whoÌ„ he wolde so ofte haue murthered hym self This geare seamethe to vs poore simple and slender witted men vnlikelie incredible and half repugnaÌ„te to nature And what soever the cause be we be of that minde that yt ys not like to ê“cede of anye feruente zeale or greate affectioÌ„ he bearethe to the partie or to the executioÌ„ of Iustice. Ye are good Reader desierouse paradueÌ„ture to learne what other cause there might be of so straÌ„ge dealinge Well as straÌ„ge as yt ys we lacke not examples of the like craftie and subtile policie aswell in holie scripture in the monumeÌ„ts of antiquitie of other coÌ„trees as of EnglaÌ„de especialie ScotlaÌ„de yt selfe We finde then in holie scripture that there was one Onias at Hierusalem the high priest a man of singulier vertue and perfection and one that maruelousely tendred God his honour and the honour aÌ„d welth of his countrie There vvas also at the same time one SimoÌ„ a verie eauell disposed aÌ„d vvicked creature which went abowt certaine naughtie and wicked deuises Lib. 2 Machab ca. 3. 4. But seinge that he cold not achiue his mischeuous purpose by reasoÌ„ this blessed man Onias stayed stopped aÌ„d pÌ„uented him he practiseth this vvicked deuise he causeth kinge Seleucus to be informed of the greate and inestimable treasure remaninge and reposed in the temple at Hierusalem vvhere vppon the kinge sent Heliodorus to fetch awaye by force the said treasure But aftervvarde vvhen this purposâ— chaunced to be frustrated aÌ„d voide by reason that this Heliodorus beinge vvonderfullie plaged of God vvas coÌ„strained to forbeare and relinquish this entreprise and the people beinge vvonderfullie offended and in a greate rage to see such a hainous sacrilege attempted What doth nowe thinke ye this good and honest man Simon Surelie he playeth the same part that th'erle Murrie hath plaied vvith his moste gratious Quene openlie charginge the good innoceÌ„t Onias vvith his ovvne shamefull acte and sayinge that he solicited aÌ„d incensed the kinge to robbe and spoile the Temple We finde in the cronicles of our realme PolycronicoÌ„ FabiaÌ„ The cronicles in Engliss preÌ„ted anno 1498. that albeit Vortiger aspiringe to the crowne of the realme actuallie and reallie obtained the same by the murtheringe of kinge CoÌ„stance which was not done without hys craftie incensinge and previe consent yet he preteÌ„ded outwardlie greate sourowe weapiÌ„ge and lamentinge the murther of him the vvhiche he neuer theles locked for And vvas the occasion of the same Hector Boet. l. 11. As for Scotlande I reporte me to the tragicall hystorie of kinge Duffus slaine by a noble man named Dunvvaldus vvho was in greate estimatioÌ„ and aucthoritie wth the saide kinge The Erle of Murra asseÌ„bled to DuÌ„vvaldus that ê“cured the slawghter of kinge Duffus in Scotlande vvhen the kinge vvas a bedd in the Casole wherof this Dunvvaldus had the keapinge he banketed hys chamberlaines and so sore oppressed theÌ„ vvith immoderate surfetinge and drinckinge that vvhen they vvere ons gotteÌ„ abovvte hyghe midnight to sleape in theire bedds ye might haue ronge a greate-bell over theire heades loÌ„ge ere they wolde wake Who beiÌ„ge in theire deade aÌ„d deape sleape the kinge vvas murthered slaine by suche as this noble man had suborned His deade bodie vvas caried avvaie buried in a Riuer The laborers that buried him were also slaine that they might tell no tales In the morninge the kinge vvas missinge his bed vvas fownde â—mbrevved with bloud his drovvsie drunken chamberlaines that leaste knevve of the matter vvere had in greateste suspition aÌ„d With ovvte farther delaye by the sayde Dunvvaldus like a man zealouse to punishe malefactrÌ„s vvere slaine and put to deathe No man beinge farther a greate vvhile from suspition then he vntill firste his ovvne ouer busie searchiÌ„ge for the murtherers aÌ„d afterwarde other thiÌ„ges breade vppon him suche suspition that he vvas thervpon apprehended and beinge fownde gwiltie worthelie executed Idem lib. 16. The like praÌ„ke Played Duke Robert brother to the kinge of ScotlaÌ„de aÌ„d gouernour of the realme of vvhome vve spake before The like ê“te played by Duke Robert in Scotlande He procured the Prince his nephevve to be made avvaye aÌ„d murthered And yet pretendinge him self as holie as the E. Murraye dothe to be zealouse in the punishinge of such an heinouse facte caused certaine innocente ê‘sons to be executed therefore We saye then that the Erle Murrayes doinges ê“cede not from anie greate care he hathe to the maintenaÌ„ce of lawe and iustice vvho ys most culpable him self But onlie colorablie to cloke and hide his ovvne mischeuouse trecheries and to turne the blame of the fault from him self vpon his good ladie and Quene from whose person yt ys farthiest Wherof they them selues gaue in manner plaine testimonie and vvitnes For thowghe they had openlie in theire pretensed and disordered parliamente detected her therof yet before the Quene of Englands comissioners they alleaged other matters as her voluntarie resignation of her crovvne c. The vvhich allegations when they vvell savve The Erle Murraye aÌ„d his fellovves beynge driueÌ„ from all shiftes at leÌ„gth layd to they re Quene the deathe of the lor. Darley before the Quene aÌ„d consaile of EnglaÌ„de vvolde not serue theire turne and that men did vnderstande hovve aÌ„d after vvhat sorte they had ê“ceaded against her in ScotlaÌ„de they vvere as yt vvere driueÌ„ and forced beinge excluded from all other appareÌ„te shifts after seauen or eighe vvekes aduisemeÌ„t after theire first inuectiue to obiecte the saide facte Wherof the good innocent Quene hearinge and astonied at theire strange and contumeliouse canuasings and impudeÌ„cie in theire doinges aÌ„d beinge sithe her apprehension crediblie enformed aÌ„d by appareÌ„cie of matter aÌ„d proof therof lead aÌ„d induced to beleaue aÌ„d geue creditt that this vviked entreprise vvas chefelie inuented aÌ„d coÌ„passed by the Er. Murraye aÌ„d mortoÌ„ made earnest suite by her coÌ„missioners to her God sister our noble Quene to arrest them that they shoulde not shrincke awaye aÌ„d departe vntill they had ansvvered that matter for them selues which she fullie inteÌ„ded moste effectuallie to prosequute against them and others And so did accuse them in deede by her comissioners And desidered farther that she might come in her ovvne person before her
detestable practizes neyther vvill suffer them selves to be spotted with the favoringe and assistinge of your abominable doinges We can tell you that this good ladie ys vniustlie accused aÌ„d wrongfullie oppressed as good Susanna was We can tell you that ye altogether resemble the tvvo olde vvicked gouernours that vvroÌ„gfullye accused her as an advowtresse beinge the advouterers them selves and brovvght her into daunger of present deathe by theire false testimonie as ye haue done withe your vvell intendinge Quene for that she vvolde not consente and yelde to the olde lustie lecherouse Rebelles We can tell you that yf you do not the soner repeÌ„te ye see by example of them What your revvarde shal be And that in the meane while God hathe as wonderfullie delivered owte of your handes this our innoceÌ„te Susanna as ever he did the other from them For thovvghe she vvere kept straight in a stroÌ„ge fortresse and castle vvith vvatche aÌ„d vvarde in suche sorte that none of her vvell willers and Frendes no not so muche as the Frenche kinges or our maistresse her moste deare sisters ambassadours might be suffred to come at The Quene in a manuer miraculouslie delivered out of lochleven â—rison or to speake with her Thovvgh she vvere daile gvvarded withe greate nomber thovvghe the gates vvere euery eaveninge suerlie and customablie locked and the keies therof vvere continuallie night by night delivered to the lorde of the saide castle Thowghe the botes were contiâ—uallie fastened aÌ„d locked vppe Yet god so vvrowght that the keies of the saide castle were in the saide lords verie presence takeÌ„ avvaye by a poore orphan simple boye beinge not yet eightene yeares olde bredd alwayes browght vppe iÌ„ the same howse Whiche feate by hym Wrovvght aÌ„d a tokeÌ„ or significatioÌ„ geaven therof to the Quene she departed ovvte of her prisoÌ„ hovvse into the courte therof at seaven of the clocke at night vpon the seconde daye of Maye And so passinge vvente to the saide gates vnlocked and opened by the saide orphan boye Who takinge bote also rowed her her waitinge maide vvith all vvith muche a doo over the vvater vvho havinge nowe passed the vvater vvas on the other side receaued by certaine gentlemen aÌ„d by them coÌ„veied coÌ„ducted to HamiltoÌ„ where she before her nobilitie revoked annichilated made voide all that she did iÌ„ prisoÌ„ before with solemne ê“testation vpoÌ„ her othe that she vvas violentlie forced therto aÌ„d putt in iuste feare of the losse of her life After this yt pleased god to putt her in miÌ„de to tacke her iourney into Englande aswell for the speciall and singuler truste she hathe in her deare Sister her coÌ„fortable ê“mises to her before her cominge by messeÌ„gers letres tokens sente from her bothe confortinge and promisinge her oportunitie seruinge all conueniente succour and helpe as that we Englishemen whiche muste neades honour and reuereÌ„ce her Who ys of the nexte Royall bloudd and trevve heire apparente of the crovvne of this realme of Englande shoulde throvvghelie knowe and fullie vnderstande to our greate comforte her purenes integritie and innoceÌ„cie in the matter vnder pretence vvherof her traitours and rebelliouse subiects thereby to accomplishe theire seditiouse aÌ„d ambitiouse minds and purposes haue molested vexed and disquieted her in maÌ„ner a foresaide And nowe at the laste kepethe her not onlie from her crowne aÌ„d realme but from all whatsoeuer either her priuate or other goods as vnwillinge that she shoulde either kepe the state aÌ„d porte of a Prince or any other meaner estate vvhatsoeuer Neither hathe it altogether fallen ovvte coÌ„trarie to her expectatioÌ„ and desire For the nobles of Englande that vvere appointed by the Quene to heare aÌ„d examine all suche matters as the rebelles shoulde laye againste the Quene haue not onelie fownde the saide Quene innocente aÌ„d gvviltlesse of the deathe of her husbaÌ„de but do vvithall fullie vnderstande that her accusers Were the verie coÌ„triuers deuisers practitioners aÌ„d vvorkers of the saide murther aÌ„d haue farther also so muche encreased aÌ„d in suche Wise renued the good estimation and greate hope they alvvayes had of her novve ê‘fectlie knowinge her innocencie and therto moued throvvghe other princelie qualities resplendente in her with many Wherof she ys muche adorned The commissioners appointed in EnglaÌ„d to hear the Quene of Scotts matters vvell liked of her saide innoceÌ„cie and of her title to the successioÌ„ of the crovvne aÌ„d singulerlie endevved that they haue in moste earnest vvise solicited aÌ„d eÌ„treated the Quene of EnglaÌ„d to geue her aide aÌ„d strengthe vvhereby she maye be restored againe to her honour aÌ„d crovvne They haue moued the saide Quene of Scotlande also that yt maye please her to accepte and like of the most noblest man of all EnglaÌ„de betvvene vvhom aÌ„d her there might be a mariage coÌ„cluded to the quietinge and comforte of bothe the realmes of Englande and ScotlaÌ„de Finallie the noble men of this our realme acknovvledge aÌ„d accepte her for the verye true and rigthe heire appareÌ„te of this realme of Englande beinge fullie minded aÌ„d alvvayes readie if God call to his mercie the Quene that novve ys then to receaue and serue her as theire vndovvbted Quene Maistresse aÌ„d Souereigne Wherby yt maye easelie appeare hovve Well they like of her cause that had the hearinge and triall of the same allthovvghe she never as yet came in theire presence Theis thinges novve and manie other whiche for the eschewinge of prolixitie we forebeare to enlarge our treatise vith maie be alleaged for the defeÌ„ce of the Quenes integritie and for the vprightnes of her cause the vvhiche I vvolde vvishe you the Erles Murraye and Morton vvithe your allied confederates before all other most deapelie and by times to vveighe and consider accordingelie as the vveight and greatnes of the cause An exhortatioÌ„ of the Erles MurrayeÌ„ mortoÌ„ others to reconsile theÌ„selves to the Quene as your owne sauftie vvith the wealthe honour of your natiue coÌ„trey do require I am not ignorante that the matter ys gone verie farre vvith you that many impedimeÌ„ts do concurre to with dravve you to seake that remedie for the reformation of things paste vvhiche ys the beste and th' onelie remedie But suerlie vvhen ye have fullie vveied all things on everie side accordingelie ye shall finde no sure and sovvnde remedie but in makinge a true a sincere and an vnfained humble submission to your gratiouse Quene vvhoÌ„ ye haue so greavouselie offended and molested Let not the greatnes or nomber of your treasons wrovvght against bothe your Quene and cuntrey Let not any vaine false imagined opinioÌ„ either of the worlde or of your vtter ouerthrovve by reason of anie suche fonde presumption of your presente highe estate of your greate povver force and strengthe Let no vaine expectatioÌ„ of externall succours staie or stoppe you from so necessarie a devvtie and so comendable before God and the worlde Ye best knovve that amonge all the princelie ornameÌ„tes and
there vs amonge them discorde and diuersity of iudgemeÌ„tes the matter grovvethe to faction and from faction to plaine hostilitie and from hostilitie to the danger of many mens liues And many times to the vtter euersion of the vvhole state For the better auoidinge of suche and the like inconueniances albe it at the begininge princes reigned not by discente of bloude and succession but by choice and election of the worthieste the vvorlde was for the most parte coÌ„strained to repudiate election and so often times for the better and the vvorthier to take a certaine issewe and offspringe of some one onlie person thowghe otherwise ê‘chaunce not so mete Vvhy all the world almost embrace succession of PriÌ„ces rather then election Whiche defecte ys so supplied partelie by the greate benefitte of the vniuersall rest aÌ„d quietnes that the people enioye therby and partelie by the graue and sage counsailours assistinge to princes that the whole worlde in a manner theis manie thowsande yeares hathe embraced succession by bloudd rather then election And politike Prinees vvhiche haue had no children of theire owne to succede them haue had ever a speciall care and foresight therof for avoidinge of ciuill dissention So that the people might alwaies cheifely Where there appeared any likelihodd of varietie of opinions or factions to ensewe abovvte the trevve and lavvfull succession in gouernement forknoue the trevve and certaine heire apparente This care and foresight dothe manifestlie appeare to haue bene not onlie in many Princes of forraine contreies but also of this realme aswell before the time of the conquest as also after namely in kinge Edvvarde the confessour in declaringe and appointinge Eadgare Athelinge his nephevves sonne his heire Floreshist an 1057. as also in kinge richarde the first vvho before he interprised his iorney to Hierusalem vvhere for his chiualrie he atchiued highe honour declared by consente of his nobilitie and commons Richardus canonicus saÌ„ctae trin LoÌ„d stores histo anno 1190. Polid lib. 14. Arthur sonne of his brother Duke of BritaÌ„ne his next heire in succession of the crowne Of the which Arthur as also of the saide Eadgare athelinge vve vvill speake more hereafter This care also had kinge Richarde the seconde vvhat time by authoritie of parliamente he declared the lorde Edmonde Mortimer that maried Philippe davvghter and heire to his vncle Leonell Duke of Clarence heire apparente Polid. lib. 20. And to discende to later times our late noble Souereigne kinge Henrye the eyght shevved his prudente and zelous care in this behalf before his laste noble viage into France Whose davvghter our moste dreade Souereigne Elizabeth dothe and hathe sitt in the royall seate vvith suche peace quietnes and tranquilitie amoÌ„ge all her subiects hitherto that vve haue greate cavvse to reÌ„der to God almighty our moste hartie thancks for the same And to craue of him like continuance vvherof the singuler fruite benefitt as loÌ„ge as it shall please God to preserue her to vs Whiche vve moste humble suppliaÌ„tes desier of him for manie yeares vvith some happie issevve froÌ„ her grace yf it be his blessed vvill vve hope most fortunatelie to enioye But yf God sholde as vve be all aswell Princes as others subiecte to mortall chaunces once bereaue vs of our gratiouse Prince the harts aÌ„d iudgemeÌ„ts of men beinge no better nor more firmelie setled and fixed tovvards the expectation of a certaine succession then they seame novve to be then vvo and alas Yt yrkethe my verie harte eauen ons to thincke vpon the immineÌ„te and almost the ineuitable danger of this our noble realme beinge like to be ouervvhelmed vvith the raginge and roringe vvaues of mutuall discorde aÌ„d to be consumed with the terrible fier of ciuill dissention The feare vvherof ys the more by reason alredie in theis late yeares some flames therof haue sparkeled and flusshed abrode and some parte of the rage of the saide fluddes haue alredie beaten vpon the banckes I meane the hott contention that hathe bene therin in so manie places and amonge so manie persons of bookes also that haue bene spredd abrode and dailie are spredd beinge framed affectionatelie aÌ„d sovvndinge according to the sinister opinion of euerie mans priuate appetite Seinge therefore that there ys iuste cause of feare and of greate daÌ„ger likelie to happen by this varietie of mens iudgements so diuerselie affected as vvell of meane men as of greate ê‘sonnages I take yt the parte of euerie trevve englisheman to labour and trauaile eache man for his possibilitie and for suche talente as God hathe geauen him to helpe in conuenieÌ„t time for the preuentinge of the imminent danger We knovve what witt vvhat pollicie what paines vvhat charges men imploye to prouide that the Themmes or sea do not ouerflovve suche places as be most subiecte to danger We knovve vvhat politicke prouision ys made in manie good cities and townes bothe to foresee that by negligence there rise no dangerouse fiers and yf they chaunce vvith all diligence to represse the rage therof Wherin amoÌ„ge other hys prudente doings Augustus the Emperour ys commended for appointinge at Rome seaven companies ordinarilie to watche the Citie for the purpose afore saide Whervnto he was enduced by reason the citie was in one daie in seaven severall places sett on fier And shall not we euery man for hys parte and vocation haue as vigilante care and respecte to the extinguisshinge of this fier alredie spronge owte that maye yf the matter be not wiselie foreseen destroie subverte and consume not one citie only but importe an vniuersall calamitie and destruction Whiche to represse one redie and good waye seamethe vnto me yf men maye knowe and be throvvglie persvvaded in what person the right of the succession of the crowne of this our realme doth stande and remaine For nowe many men throwghe ignorance of the saide right and title and also the same beinge depraved by certaine sinister perswasioÌ„s in some bookes wher vnto they have to lightlie geaven creditt be caryed awaye from the right opinion and good harte that they otherwise Wolde and shoulde haue The which kinde of men I do hartelie wishe from theire saide corrupte iudgement to be remoued And shall in thys treatise do my beste endevour to remoue not praesuminge vpon my self that I am any thinge better able then others this to do for I knowe my owne infirmitie But beinge gladd and willinge to imparte vnto others suche motiues as vpon the readinge of suche bookes as of late haue bene sett forthe by the aduersaries and after the diligente weienge of diuers Arguments to the contrarie seame vnto me sufficiente to satiffie any honest and indifferent man that ys not obstinatlie bente to his owne Wilfull affections or to some other sinister meaninge and dealinge We saye then and affirme that the right heire and Successor apparente vnto the crowne of this realme of Englande next after our Sovereigne Ladie Quene Elizabethe and her issue ys suche a
c. Possessio fratris beiÌ„ge gnÌ„rall Neither hathe bene or caÌ„ be stretched to the inheritaÌ„ce of the croune for the brother of the half bloud shall succede aÌ„d not the sister of the vvhole bloud as maye appeare by Iustice Moile aÌ„d †34 H 6. 58. Red. printe maie be ê“ued by kinge Etheldred brother aÌ„d successor to kinge Edwarde the Martyr and by kinge Edvvarde the confessour brother to Kinge EdmuÌ„de aÌ„d diuers others who succeded in the crovvne of EnglaÌ„de beinge but of the halfe bloud As vvas also the late Quene Marie aÌ„d ys at this present our gratious Souereigne Elizabethe Who bothe in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded as by daylie experience asvvell in the exchequer al also in all other covvrtes ys manifeste do make theire conueiance as heires in bloude the one to the other vvhiche yf they vvere coÌ„mon or priuate persones they coulde not be allovved in lavve they as ys vvell knowen beinge of the half bloude one to the other Nor that the executour shall haue the goodes and chatelle of the testatour that ys to vvitt begotten of one father but borne of sondrie mothers Yt ys also a generall rule in the lavve that the executours shall haue the goodes aÌ„d chattelles of the testatour and not the heire aÌ„d yet ys yt othervvise in the case of the crovvne for there the successor shall haue them and not the executour as appearethe in 7 H. 4 by Gascoine 7 H. 4. fo 43 11 H. 4 9. Yt ys likevvise a generall rule that a man Attainted of felonie or treason his heire throwghe the corruption of bloude Nor that a traitour is vnhable to take land by disceÌ„t withoute pardon vvithoute pardon and restitutioÌ„ of bloude ys vnable to take any landes by discente Which rule althowghe yt be generall yet yt extendethe not to the discente or succession of the crovvne althovvghe the same Attainder were by acte of ê‘liameÌ„te as maie appeare by the Attainder of Richarde Duke of yorke and kinge Edvvarde his sonne and also of kinge Henrie the seaueÌ„the whoe were attainted by acte of parliamente and never restored and yet no dishabilitie thereby vnto Edvvarde the fovvrethe nor vnto Henry the seaventhe to receave the crovvne by lavvfull succession But to thys you wolde seame to ansvvere in your saide booke saienge that Henry the seaventhe not vvithstandinge hys Attainder came to the crowne as cast vpon him by the order of the lawe For as muche that vvhen the crovvne vvas caste vpoÌ„ him that dishabilitie ceased Wherein ye confesse directlie that the Attainder ys no dishabilitie at all to the successioÌ„ of the crovvne For althovvghe no dishabilitie can be alleaged in him that hathe the crovvne in possession yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession then muste ye saie that he vvas not lavvfull kinge but an vsurper And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge and that the crovvne vvas lavvfullie caste vpon hym ye confesse directlie thereby that before he Was kinge in possession there vvas no dishabilitie in hym to take the crovvne by lavvfull succession hys saide Attainder not vvith standinge Whiche ys as muche as I vvolde vvishe you to graunte But in conclusion vnderstandinge your self that this your reason can not mainteine your intente you go abovvte an other vvaye to helpe your selfe An ansvvere to the aduersarie makiÌ„ge a difference betwene attaiÌ„der the birthe ovvte of the alleageance makinge a difference in the lavve betvvene the case of Attainder and the case of forren birthe ovvte of the kinges alleagance sainge that in the case of the Attainder necessitie dothe enforce the succession of the crovvne vpon the partie attainted For othervvise ye saie the crovvne shall not descende to anye But vpon the birthe ovvte of the kinges allegeance ye saie yt ys othervvise And for prouf therof ye put a case of I. S. beinge seased of landes and havinge issevve A and B. A ys attainted in the life of I. S. his father and after I. S. diethe A livinge vnrestored Novve the lande shall not descende either to A or B. But shall goe to the lorde of the fee by vvaye of eschete Othervvise yt had bene ye saie yf A had bene borne beyonde the sea I S. breakinge his allegeance to the kinge and after I S. cometh againe into the realme aÌ„d hathe issevve B. and diethe for novve ye saie B. shall inherite hys fathers landes Yf the crowne had bene holden of any person to whom yt might haue escheted as in your case of I S. the lande did Then paraduenture there had bene some affinitie betwene your saide case and the case of the crowne But there ys no suche matter Besides that ye muste consider that the kinge cometh to the crovvne not onlie by discente but also and cheifelie by succession as vnto a corporation And therefore ye might easelie haue sene a difference in your cases betvvene the kinges Maiestie and I S. a subiecte And also betwene landes holden of a lorde above and the crowne holden of no earthlie lorde but of God almightie onlie But yet for argumentes sake I wolde faine knowe vvhere you finde your difference aÌ„d vvhat aucthoritie you can shevve for the proof therof Ye haue made no marginall note of any aucthoritie And therefore vnlesse ye also saie that ye are Pythagoras I will not beleve your difference Well I am assuered that I can shewe you good aucthoritie to the contrarie And that there ys no difference in your cases Pervse I praie you 22. H. 6. and there maye you see the opinioÌ„ of Iustice NewtoÌ„ 22. H. â— fol. 43. that there ys no difference in your cases but that in bothe your cases the lande shall eschete vnto the lorde And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discente Where the eldeste sonne vvas borne beyonde the seas durste not abide in lavve vpon that title This aucthoritie ys againste your difference and this aucthoritie I am well assuerid ys better then any that you haue shewed to proue your difference But yf We shall admitt your difference to be accordinge to the lavve yet your cases Whervnto you applye your differeÌ„ce are nothiÌ„ge like as I have saiede before But to procede on in the proof of our purpose as yt dothe appeare The supposed maxime of the adâ—saries tovchethe not kinges borne beyoÌ„de the sea as appeareth by kinge Stephen and kiÌ„ge H. 2. that neither the kiÌ„ge nor his crovne ys bownde by theys general rules which before I haue shevved So do I like wise saie of all the residewe of the generall rules aÌ„d maximes of the lawe beinge in a maÌ„ner infinite But to retorne againe vnto your onlie supposed Maxime whiche you make so generall coÌ„cerninge the dishabilitie of persoÌ„s borne beyonde the seas yt ys verie plaine
suche lawfull prouffe againste the saide will ê“ducted For yf yt had bene yt wolde haue bene publisshed in the starre chamber preached at Pawles crosse declared by acte of parliamente proclaymed in euerie quarter of the realme Yea admittinge saye they that yt were proued that the saide pretensed will lacked the kinges haÌ„de yet neuerthelesse saye they the verye copies we haue spoken of beinge writteÌ„ signed or at leaste interlined with his owne hande maye be saide a sufficiente signinge with his owne hande For seinge the scope and finall purpose of the statute vvas to haue the succession prouided for and asserteined which ys sufficientlie done in the saide vvill And seinge his ovvne hande was required but onlie for eschevvinge euill aÌ„d sinister dealinge vvherof there is no suspition in this vvill to be gathered What matter in the vvorlde or vvhat differeÌ„ce ys there When the kinge fulfilled and accomplished this gratious acte that was loked for at his handes Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme vvhiche he coulde in no vvise shifte but that the acte withoute yt muste perishe and be of no valewe Then saie they we vndoe vvhole ê‘liameÌ„tes asvvell in Quene Maries time as in kinge Henrie the eightes time In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefimâ— quinto Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will abseÌ„te maye be geaven to an acte of parliameÌ„t by hys lettres pateÌ„tes signed with his hande Ann. H. 8. 33. 21. thowghe he be not there personallie And yet did the saide kinge supplie full ofte hys consente by the stampe onlie This yet not with standinge the saide parliamentes for the omission of formes so exactelie and precisely appointed An ansvvere by the vvaye of reioynder to the same are not distroied and disanulled After this sort in effecte Haue the aduersaries replied for the defence of the saide pretensed will To this we will make our reioynder and saye Firste that our principall matter ys not to ioyne an issewe whether the saide kinge made and ordeined any sufficiente will or noo We leaue that to an other time But whether he made any testamente in suche order and forme as the statute require the. Wherefore yf yt be defectiue in the saide forme as we affirme yt to be were yt otherwise neuer so good and perfecte thowghe yt were exemplified by the greate seale and recorded in the chauncerie and taken coÌ„monlie for his will and so accomplished yt ys nothinge to the principall question Yt resteth then for vs to consider the weight of the aduersaries presumptions whereby they wolde enforce a probabilitie that the testamente had the foresaide requisite forme yet firste yt ys to be considered what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries presumptions and all other like We saye then there occurre manye likelihoddes Diuers pÌ„sumptions aÌ„d reasons agaiÌ„st the supposed vvill manye presumptions manye greate and weightie reasons to make vs to thincke that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended So likewise he did entreprise no suche acte in deede I denie not but that their vvas suche auctoritie geaueÌ„ him neither denie but that he might also in some honorable sorte haue practised the same to the honour aÌ„d welthe of the realme to the good coÌ„teÌ„tatioÌ„ of the same realme But that he had either cause or did exercise the saide aucthoritie in suche strange aÌ„d dishonorable sorte as ys pÌ„teÌ„ded I plainlie denie For beinge at the time of this pÌ„tensed will furnissâ—ed and adorned with issewe our late kiÌ„ge Edward aÌ„d ladie Marie late Quene aÌ„d with our graciouse souereigne Elizabeth theire state aÌ„d successioÌ„ beinge also latelie by acte of ê‘lameÌ„te established what nede or likelyhode was there for the kinge theÌ„ to practise such newe deuises as neuer did I suppose any kinge in the realme before aÌ„d fewe in any other beside And vvhere they vvere practised comonly had infortunate and lamentable successe What likeliehodd was there for him to practise suche deuises especiallie in his later dayes when wisdome the loue of God and his realme shoulde haue bene most ripe in him That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande Then euer did the deadlie factioÌ„ of the redd rose and the white lately by the incorporation and vnioÌ„ of the howses of yorke and Lancaster in the ê‘soÌ„ of his father throwghe the mariage of Ladie Elizabeth eldeste dawghter to kinge Edwarde the fowrth most happelie extinguished aÌ„d buried And thowghe yt might be thowght or saide that there wolde be no suche cause of feare by reason the matter passed by parliameÌ„te yet coulde not he be ignorante that nether pÌ„liameÌ„tes made for Henrie the fowrthe or continewance of two discentes Which take no place in geuinge any title touchinge the crowne in kinge Henrie the sixte nor parliamentes made for kinge Richarde the thirde nor ê‘liamentes of attaynder made againste his father coulde either preiudice his fathers right or releue other againste suche as preteÌ„ded iuste right and title And as he coulde not be ignorante therof so yt ys not to be thought that he vvolde abuse the greate confidence putt vpon him by the parliamente and disherite vvith ovvte any apparente cause the next royall bloude and thincke all thinges suer by the colour of a ê‘liamente The litle force vvherof againste the right inheritour he had to his fathers and his ovvne so ample benefitt so latelie and so largelie seen and felte and yet yf he mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande of all times he wolde not haue done yt then wheÌ„ all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde and the saide Ladie and Quene Suerlie he vvas to vvise of him self and vvas furnisshed vvithe to wise counsailours to take suche an homelie vvaye to ê“cure aÌ„d purchasse the saide mariage by And leste of all can vve saye he attempted that disshonorable disherison for anye speciall inclination or fauour he bare to the freÌ„che Quene his sisters children For there haue bene of his nere and priuie counsaile that haue reported that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce aÌ„d afterwarde openlie in Englande and as yt ys saide had his pardon for the same priuie mariage in vvritinge Howe soeuer this matter goethe certaine yt ys that yf this pretensed vvill be trewe he transferred and transposed the reuersion of the crowne not onlie from the Quene of Scotlande from my Ladie Lenneux and theire issewe but eauen from
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
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