Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	henry_n	king_n	queen_n	22,548	5	7.7438	4	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A05353	A treatise concerning the defence of the honour of the right high, mightie and noble Princesse, Marie Queene of Scotland, and Douager of France with a declaration, as wel of her right, title, and interest, to the succession of the croune of England: as that the regiment of women is conformable to the lawe of God and nature. Made by Morgan Philippes, Bachelar of Diuinitie, An. 1570.; Defence of the honour of the right highe, mightye and noble Princesse Marie Quene of Scotlande and dowager of France	Leslie, John, 1527-1596.	1571 (1571)	STC 15506; ESTC S106704	132,510	314

of God almighty onely But yet for arguments sake I would faine knowe where you finde your differeÌ„ce and what authoritie you can shew for the prouf thereof Ye haue made no marginal note of any authoritie and therefore vnlesse ye also saye that ye are Pythagoras I will not beleue your difference Wel I am assured that I can shew you good authoritie to the contrarie and that there is no difference in your cases Pervse I praie you 22. H. 6. And there may you see the opinion of Iustice Newton that there is no difference in your cases but that in both your cases the lande shall eschete vnto the Lorde And Prisote being then of CouÌ„sayle with the party that claimed the lands by a descent wher the eldest sonne was borne beyond the seas durst not abide in law vpon the title This authoritie is against your difference and this authoritie I am wel assured is better then any that you haue shewed to proue your difference But if we shal admitte your difference to be according to the law yet your cases wherevnto you applie your difference are nothing like as I haue said before But to procede on in the proufe of our purpose as it doth appeare that neither the King nor his Croune is bound by these general rules which before I haue shewed so do I likewise say of al the residue of the general rules and Maximes of the lawe being in a manner infinite But to retourne againe vnto your onely supposed Maxime whiche you make so general concerning the dishabilitie of persons borne beyond the seas it is very plaine that it was neuer taken to extende vnto the Croune of this Realme of Englande as it may appeare by King Stephen and by King Henry the seconde who were both straungers and Frenchemen and borne out of the Kinges allegeance and neither were they Kinges children immediate nor their parentes of the allegeance and yet they haue bene alwaies accompted lawfull Kinges of England nor their title was by any man at any time defaced or comptrolled for any such consideration or exception of foraine birth And it is a worlde to see how you would shifte your handes from the said King Henry Ye say he came not to the Croune by order of the lawe but by capitulation for asmuch as his mother by whome he conueied his Title was then liuing Well admitte that he came to the Croune by capitulation during his mothers life yet this doth not proue that he was dishabled to receaue the Croune but rather proueth his abilitie And although I did also admit that he had not the Croune by order of the law during his mothers life yet after his mothers death no man hath hitherto doubted but that he was King by lawful succession and not against the lawes and Customes of this Realme For so might you put a doubt in al the Kinges of this Realme that euer gouerned sithens and driue vs to seake heires in Scotland or els where Whiche thing we suppose you are ouer wise to goe about Bysides this I haue hard some of the aduersaries for farther helpe of their intention in this matter saye that King Henry the second was Ã Queenes childe and so King by the rule of the commoÌ„ law Truely I know he was an Emperesse childe but no Queene of Englandes childe For although Maude the Emperesse his mother had a right and a good title to the Croune and to be Queene of England yet was she neuer in possession but kepte from the possession by King Stephen And therefore King Henry the second can not iustly be saied to be a Queene of Englandes childe nor yet any Kinges childe vnlesse ye would intend the Kinges children by the wordes of Infantes de Roy c. to be children of farther degree and descended from the right line of the King so ye might say truely that he was the child of King Henry the first being in deede the sonne and heire of Maude the Emperesse daughter and heire of Kinge Henrie the first Whereby your saide rule is here fowly foiled And therefore ye would faine for the maintenance of your pretensed Maxime catche some holde vppon Arthur the sonne of Ieffrey one of the sonnes of the saide Henry the seconde Ye say then like a good and ioly Antyquarie that he was reiected from the Croune bycause he was borne out of the Realme That he was borne out of the Realme it is very true but that he was reiected froÌ„ the Croune for that cause it is very false Neither haue you any autoritie to proue your vaine opinion in this pointe For it is to be proued by the Cronicles of this Realme that King Richarde the first vncle vnto the sayd Arthur taking his iourney towarde Hierusalem declared the said Arthur as we haue declared before to be heire apparent vnto the Croune whiche would not haue ben if he had bene taken to be vnhable to receaue the Croune by reason of foraine birth And although King Iohn did vsurpe aswel vpon the saide King Richard the firste his eldest brother as also vpon the sayd Arthur thur his nephewe yet that is no prouf that he was reiected bycause he was borne out of the Realme Yf ye could proue that then had you shewed some reason and president to proue your intent whereas hytherto you haue shewed none at al nor I am wel assured shal neuer be able to shewe Thus may ye see gentle Reader that neither this pretensed Maxime of the lawe set forth by th' Aduersaries nor a great nomber more as general as this is whiche before I haue shewed can by any reasonable meanes be stretched to bind the Croune of EnglaÌ„d These reasons and authorities may for this time suffice to proue that the Croune of this Realme is not subiecte to the rules and the Principles of the common lawe neither can be ruled and tried by the same Whiche thing being true al the obiectioÌ„s of the Aduersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of this Realme are fully answered and thereby clearly wiped away Yet for farther arguments sake and to the ende we might haue al matters sifted to the vttermost and therby al things made plaine let vs for this tyme somewhat yeelde vnto the Aduersaries admitting that the Title of the Croune of this Realme were to be examined and tried by the rules and principles of the coÌ„mon law and then let vs consider and examin farther whether ther be any rule of the coÌ„mon law or els any statute that by good and iust construction can seeme to inpugne the said title of Marie the Queene of Scotland or no. For touching her lineal descente froÌ„ King Henry the seueÌ„th and by his eldest daughter as we haue shewed there is no man so impudent to denie What is there then to be obiected among al the rules Maximes and iudgements of the coÌ„mon law of this Realm Only

one rule as a general Maxime is obiected against her And yet the same rule is so vntruely set forth that I can not wel agree that it is any rule or Maxime of the coÌ„mon law of this Realm of EnglaÌ„d Your preteÌ„sed Maxime is whosoeuer is born out of the realm of EnglaÌ„d and of father and mother not being vnder the obedieÌ„ce of the King of England cannot be capable to inherite any thing in England Which rule is nothing true but altogether false For euery stranger and Alien is hable to purchace the inheritance of landes within this Realme as it may appeare in 7. 9. of king Edward the fourth and also in 11. 14. of king HeÌ„rie the fourth And although the same purchace is of some men accounted to be to the vse of the King yet vntil such time as the king be intitled therevnto by matter of Record the inheritance remaineth in the Alien by the opinion of al men And so is a very Alien capable of inheritance within this Realme And then it must nedes fal out very plainly that your general Maxime where vpon you haue talked and bragged so muche is now become no rule of the common law of this Realme And if it be so then haue you vttered very many wordes to smal purpose But yet let vs see fartther whether there be any rule or Maxime in the coÌ„mon Law that may seeme any thing like to that rule wherevppon any matter may be gathered against the Title of the said Marie Queene of Scotland There is one rule of the coÌ„mon Lawe in wordes somewhat like vnto that whiche hath ben alleaged by the Aduersaries Which rule is set forth and declared by a statute made anno 25. of King Edward the third Which statute reciting the doubt that then was whether infants borne out of the allegeance of England should be hable to demaund any heritage within the same allegeance or no it was by the same statute ordeined that al infantes inheritours which after that time should be borne out of the allegeance of the King whose father and mother at the time of their birth were of the feaith and allegeaÌ„ce of the King of England should haue and enioy the same benefittes and aduantages to haue and carie heritage within the said allegeance as other heires should Whervpon it is to be gathered by dew and iust construction of the statute and hath bene heretofore coÌ„monly taken that the coÌ„mon law alwaies was and yet is that no person borne out of the allegeaÌ„ce of the King of England whose father and mother were not of the same allegeaÌ„ce should be able to haue or demaund any heritage within the same allegeance as heire to any person Which rule I take to be the same supposed Maxime which the Aduersaries do meane But to stretch it generally to al inheritances as the Aduersaries woulde seeme to do by any reasonable meanes can not be For as I haue said before euery straÌ„ger and Alien borne may haue and take inheritance as a purchaser And if an Alien do marie a woman inheritable the inheritance therby is both in the Alien and also in his wife and the Alien thereby a purchaser Noman doubteth but that a Denizon may purchase landes to his owne vse but to inherit landes as heire to any person within the allegeaÌ„ce of England he can not by any meanes So that it seemeth very plaine that the said rule bindeth also DenyzoÌ„s and doth only extend to DesceÌ„tes of inheritance and not to the hauing of any landes by purchase Now wil we then consider whether this rule by any reasonable construction can extende vnto the Lady Marie the Queene of Scotland for and coÌ„cerning her Title to the Croune of England It hath bene said by the Aduersaries that she was borne in Scotland which realm is out of the allegeaÌ„ce of England her father and mother not being of the same allegeance And therfore by the said rule she is not inheritable to the Croune of this Realm Although I might at the beginning very wel and orderly deny the consequent of your argumeÌ„t yet for this time we wil first examine the Antecedent whether it be true or no and then consider vpon the consequent That the Queene of Scotland was borne in ScotlaÌ„d it must nedes be grauÌ„ted but that Scotland is out of the allegeaÌ„ce of EnglaÌ„d though the said Quene and al her subiects of Scotland wil stourly affirme the same yet ther is a great nuÌ„ber of men in Eng and both lerned and others that be not of that opinioÌ„ being lead and persuaded therto by diuers histories Registers Recordes and Instruments of Homage remaining in the treasurie of this Realm wherin is metioned that the Kings of Scotland haue acknowledged the King of EnglaÌ„d to be the superiour Lord ouer the Realme of Scotland and haue done homage and fealtie for the same Which thing being true notwithstanding it be coÌ„monly denied by al Scotsmen then by the lawes of this realme ScotlaÌ„d must nedes be accoÌ„pted to be within the allegeance of EnglaÌ„d And although sins the time of King Henry the sixt none of the Kinges of Scotlande haue done the said seruice vnto the Kinges of England yet that is no reason in our lawe to say that therefore the Realme of Scotland at the time of the birth of the said Ladie Marie Queene of Scotlande being in the thirtie and fourth yeare of the raigne of our late Souereigne Lorde King Henrie the eight was out of the allegeance of the kinges of England For the law of this Realm is very plain that though the Tenant do not his seruice vnto the Lorde yet hath not the Lord thereby lost his Seignorie For the lande still remaineth within his Fee and Seignorie that notwithstanding But peraduenture some wil obiecte and say that by that reason France should likewise be said to be within the allegeance of England forasmuch as the possession of the Croune of France hath bene within a litle more then the space of one hundred yeares now last past laufully vested in the kinges of EnglaÌ„d whose right and title stil remaineth To that obiectioÌ„ it may be answered that there is a great difference betwene the right and title which the Kings of EnglaÌ„d claime to the Realme of Fraunce and the right and title which they claime to the Realme of Scotlande Although it be true that the Kinges of Englande haue bene lawfully possessed of the Croune of France yet during such time as they by vsurpation of others are dispossessed of the saide Realme of France the same Realme by no meanes can be said to be within their allegeance especially considering how that syns the time of vsurpation the people of France haue wholy forsaken their allegeance and subiection which they did owe vnto the Kings of Englande and haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers But as for the Realme of Scotlande it is otherwise For

the Title whiche the Kinges of England haue claimed vnto the Realme of Scotland is not in the possession of the lande and Croune of Scotlande but onely vnto the seruice of homage and fealtie for the same And although the Kinges of Scotland sith the time of King Henry the eight haue intermitted to doe the said homage and fealtie vnto the Kinges of Englande yet for al that the Kinges of Scotland can not by any reason or lawe be called vsurpers And thus may ye see gentle Reader by the opinion of al indifferente men not lead by affection that the Realme of Scotlande hath bene and is yet within the allegeance and dominion of England And so is the Antecedent or first proposition false And yet that maketh no proufe that the Realme of France likewise should nowe be said to be within the allegeance of the Kings of England by reason of the manifest and apparent difference before shewed But what if your Antecedent were true and that we did agree both with the said Queene of Scotland and her subiectes and also with you that Scotland were out of the allegeance of England Yet it is very plaine that your consequent and conclusion can not by any meanes be true And that principally for three causes whereof one is for that neither the King not the Croune not being specially meÌ„tioned in the said rule or pretended Maxime can be intended to be within the meaning of the same Maxime as we haue before sufficiently proued by a great number of other suche like generall rules and Maximes of the lawes An other cause is for that the Croune can not be taken to be within the woordes of the said supposed Maxime and that for twoo respectes one is bycause the rule doth only dishable Aliens to demaunde any heritage within the allegeance of England Whiche rule can not be stretched to the demaunde of the Croune of EnglaÌ„d which is not with in the allegeance of England but is the very allegeance it selfe As for a like example it is true that al the landes within the Kinges dominion are holdeÌ„ of the King either mediatly or immediately and yet it is not true that the Croune by whiche onely the King hath his Dominion can be said to be holdeÌ„ of the King. For without the Croune there can be neither King nor allegeance And so long as the Croune resteth onely in demaund not being vested in any person ther is no allegeaÌ„ce at al. So that the Croune can not be said by any meanes to be within the allegeance of England and therfore not within the wordes of the said rule or Maime The Title of the Croune is also out of the wordes and meaning of the same rule in an other respect and that is bycanse that rule doth only dishable an Alien to demauÌ„d landes by descent as heire For it doth not extende vnto landes purchased by an Alien as we haue before sufficiently proued And then can not that rule extende vnto the Croune being a thing incorporate the right wherof doth not descend according to the common course of priuate inheritance but goeth by successioÌ„ as other corporatioÌ„s do No man doubteth but that a Prior Alien being no denizon might alwaies in time of peace demaund land in the right of his corporatioÌ„ And so likewise a Deane or a Person being Aliens and no deniznos might demaund lande in respecte of their corporations not withstaÌ„ding the said supposed rule or Maxime as may appeare by diuerse booke cases as also by the statute made in the time of King Richard the second And although the Croune hath alwaies gone according to the common course of a Descent yet doth it not properly descende but succede And that is the reason of the lawe that although the Kinge be more fauoured in all his doinges then any common person shal be yet can not the King by lawe auoide his grauntes and Letters Patentes by reason of his Nonage as other infantes may doe but shal alwaies be said to be of ful age in respect of his Croune euen as a Person Vicare or Deane or any other person incorporate shal be Whiche can not by any meanes be said in lawe to be within age in respect of their corporations although the corporation be but one yeare olde Bysides that the King can not by the law auoide the Letters Patentes made by any vsurper of the Croune vnlesse it be by act of Parlament no more then other persons incorporate shal auoide the grauntes made by one that was before wrongfully in their places and romes whereas in Descentes of inheritance the lawe is otherwise For there the heire may auoide al estates made by the disseafour or abatour or any other person whose estate is by lawe defeated Whereby it doth plainely appeare that the King is incorporate vnto the Croune and hath the same properly by succession and not by Descent onely And that is likewise an other reason to proue that the King and the Croune can neither be saide to be within the wordes nor yet with in the meaning of the said general rule or Maxime The third and most prncipall cause of all is for that in the said statute whervpon the said supposed rule or Maxime is gathered the children descendantes and descended of the blood royal by the wordes of Infantes de Roy are expresly excepted out of the said supposed rule or Maxime Whiche wordes the Aduersaries do much abuse in restrainiÌ„g and construing them to extende but to the first degree only whereas the same wordes may very wel beare a more large and ample interpretation And that for three causes and considerations First by the Ciuil lawe this word Liberi which the worde Infantes being the vsuall and original worde of the statute written in the Frenche tongue counteruaileth doth comprehende by proper and peculier signification not only the childreÌ„ of the first degree but other Descendants also in the law saying That he who is manumissed or made free shal not commence any Action against the children of the Patrone or manumissour without licence not onely the first degree but the other also is conteined The like is when the lawe of the twelue Tables saith The first place and roome of succession after the death of the parentes that die intestate is due to the children which successioÌ„ apperteineth as wel to degrees remoued as to the firste Yea in al causes fauourable as ours is this worde son Filius coÌ„teineth the nephew though not by the propertie of the voice or speache yet by interpretation admittable in al such thinges as the law disposeth of As touching this worde Infantes in FreÌ„ch We say that it reacheth to other DescendaÌ„ts as wel as the first degree Wherein I do referre me to suche as be expert in the said tongue We haue no one worde for the barenes of our English toÌ„gue to couÌ„terpaise the said French word Infantes or the Latin word

and intent of the said law Now in case these two causes and coÌ„siderations wil not satisfie th Aduersarie we wil adioine therevnto a third which he shal neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward We stand vpon the interpretation of the coÌ„mon law recited and declared by the said statute And how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the lawe is custome But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and such as were plainely borne out of the Kings allegeance The soresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other King Edward the Confessour being destitute of a lawful Heire within the Realme sent into HuÌ„gary for Edward his Nephew surnamed Outlaw son to King EdmuÌ„d called IroÌ„side after many yeres of his exile to returne into EnglaÌ„d to th' intent the said Outlaw should inherite this Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the said king Edward his Vncle. After whose death the said king apointed Eadgar Etheling sonne of the said Outlaw being his next cosen and heire as he was of right to the Croune of EnglaÌ„d And for that the said Eadgar was but of yong and tender yeares and not able to take vpoÌ„ him so great a gouernement the said king coÌ„mitted the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to weld the state of a King Which Harold neuerthelesse coÌ„trary to the trust supplanted the said yong Prince of the Kingdome and put the Croune vpon his own head By this it is apparent that foraine birth was not accoÌ„pted of before the time of the CoÌ„quest a iust cause to repel and reiect any man being of the next proximitie in blood froÌ„ the Title of the Croune And though the said king Edward the CoÌ„fessors wil and purpose toke no such force and effect as he desired and the law craued yet the like succession toke place effectuously in king Stephen and king HeÌ„ry the secoÌ„d as we haue already declared Neither wil th' Aduersaries shift of foramers borne of father and mother which be not of the kings alegeaÌ„ce help him forasmuch as this clause of the said statut is not to be applied to the kings childreÌ„ but to others as appeareth in the same statute And these two kings StepheÌ„ and Henrie the 2. as they were borne in a forain place so their fathers and mothers wer not of the kings allegeaÌ„ce but mere Aliens and straÌ„gers And how notorious a vaine thing is it that th' Aduersarie would perswade vs that the said K. Henrie the secoÌ„d rather came in by force of a coÌ„position then by the proximitie and nearenes of blood I leaue it to euery man to coÌ„sider that hath any maner of feling in the discours of the stories of this realm The coÌ„positioÌ„ did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right therby then was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no childreÌ„ And no dout in case she had had any children by th'Emperour they should haue ben heires by succession to the Croune of England After whose death she retourned to her father yet did King Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and after her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat of her this Henry the second being in France Whervpon the said King did reuiue and renue the like othe of allegeaÌ„ce aswel to her as to her sonne after her With the like false persuasioÌ„ the Adueruersarie abuseth him selfe and his Reader touching Arthur Duke of Britanie Nephew to King Richard the first As though forsooth he were iustly excluded by Kinge Iohn his vncle by cause he was a forainer borne If he had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of this Realme as may wel appeare among other thinges by King Richard the second who succeded his graÌ„dfather king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chalenge their title and interest yet should he haue had some countenance of reason and probabilitie bicause many arguments and the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdom a sufficieÌ„t barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a most vnsure and false ground seeing it is moste true that King Richard the first as we haue said declared the said Arthur borne in Britanie and not son of a King but his brother Geffreys sonne Duke of Britanie heire apparent his vncle Iohn yet liuing And for such a one is he taken in al our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other then for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away For the which facte the French King seased vpon al the goodly CouÌ„tries in France belonging to the King of England as forfeited to him being the chiefe Lorde By this outragious deede of King Iohn we lost Normandie withall and our possibilitie to the inheritance of all Britanie the right and Title to the said Britanie being dewe to the said Arthur and his heires by the right of his mother Constance And though the said king Iohn by the practise and ambition of Quene Elenour his mother and by the special procurement of Huberte then Archebishop of Caunterburie and of some other factious persons in EnglaÌ„d preueÌ„ted the said Arthur his nephew as it was easy for him to do hauing gotten into his handes al his brother Richardes treasure by sides many other rentes then in England and the said Arthur being an infante

Scotland and Wales be al within one Territorie and not diuided by any sea And al old Recordes of the law concerning seruice to be done in those two Countries haue these words Infra quatuor Maria within the fower seas which must nedes be vnderstaÌ„d in ScotlaÌ„d and Wales aswel as in EnglaÌ„d bâ—cause they be al within one continent coÌ„passed with fower seas And likewise be many auncient statutes of this Realm writreÌ„ in the NormaÌ„ FreÌ„ch which haue these wordes deins les quatre mers that is within the fower seas Now coÌ„cerning the statute the title of the same is of those that are born beyond the sea the doubt moued in the corps of the said statut is also of childreÌ„ born beyond the sea out of the allegeance with diuers other braÌ„ches of the statute teÌ„ding that way Wherby it seemeth that no part of the statute toucheth these that are born in Wales or Scot laÌ„d And albe it at this time and before in tho reigne of Edward the first Wales was fully reduced annexed and vnited to the propâ—â— Dothinion of England yet was it before subrected to the Croune and King of England as to the Lorde and Sâ—igniour aswel as Scotland Wherefore if this statute had ã€ˆâ—Šã€‰ made before the time of the said Edwarde the ã€ˆâ—Šã€‰ it seemeth that it could not haue bene stretched to Wales no more then it can now to Scotland I doe not therefore a litle meruaile that euer this man for pure shame could finde in his harte so childishly to wrangle vpon this word Infantes and so openly to detorte depraue and corrupt the common lawe and the Actes of Parlament And thus may you see gentle Reader that nothing can be gathered either out of the said supposed general rule or Maxime or of any other rule or Principle of the lawe that by any good and reasonable construction can seeme to impugne the title of the said Ladie Marie now Queene of Scotland of and to the Croune of this Realme of England as is aforesaid We are therefore now last of al to consider whether there be any statute or Acte of Parlament that doth seeme either to take away or preiudâ—ce the title of the said Lady Marie And bycause touching the foresaid mentioned statute of the 25. yeare of King Edward the thirde being only a declaration of the common law we haue already sufficiently answered we wil passe it ouer and consider vppon the statute of 28. and 36. of King Henry the eight being the only shoteanker of al the Aduersaries whether there be any matter therein conteined or depending vpon the same that can by any meanes destroie or hurt the title of the said Ladie Marie Queene of Scotland to the successioÌ„ of the Croune of England It doth appeare by the said statute of 28. of King Henry the eight that there was authoritie geuen him by the same to declare limite appoint and assigne the succession of the Croune by his Letters Patentes or by his last Wil signed with his owne hande It appeareth also by the foresaid statute made 35. of the said King that it was by the same enacted that the Croune of this Realme should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first son of his body betwene him and the Ladie Iane then his wife begotten and for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten and for default of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten and for default of such issue vnto suche person or persons in remainder or reuersion as should please the said King Henry the eight and according to such estate and after such maÌ„ner order and conditioÌ„ as should be expressed declared named and limited in his Letters Patentes or by his last Wil in writing signed with his owne hande By vertue of whiche said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last Wil in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Lady Elizabeth to dye without issue of their bodies lawfully begotten then the Croune of this Realme of Englande should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and th' eldest daughter of the Fâ—eÌ„ch Quene And for the defaulte of suche issue to the heires of the body of the Ladie Elenour his Neece seconde daughter to the Frenche Queene lawfully begotten And if it happened the said Ladie Elenor to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires Wherevpon the Aduersaries do inferre that the successioÌ„ of the Croune ought to go to the childreÌ„ of the said Ladie FraÌ„cis and to their heyres according to the said supposed Wil of our late Souereigne Lorde King Henry the eight and not vnto the Ladie Marie Queene of Scotlande that nowe is To this it is on the befalf of the said Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the preteÌ„sed Wil with his own hand and that therfore the said Wil can not be any whit preiudicial to the said Queene Against which answere for the defence and vpholding of the saide Will it is replied by the Aduersaries first that there were diuers copies of his Wil found signed with his owne hande or at the leastwise enterlined and some for the most part writen with his owne hande out of the whiche it is likely that the original Wil commonly called King Henry the eightes Will was taken and fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the coÌ„mon wealth and for the auoiding of the vncerteintie of the successioÌ„ he welliked vpoÌ„ and accepted the authoritie geuen him by Parlament and signed with his owne hande the said original Wil whiche had the said limitation and assignation of the Croune And these presumptions are the more enforced for that he had no cause why he should beare any affection either to the said Queene of Scotland or to the Lady Leneux and hauing withal no cause to be greaued or offended with his sisters the Frenche Queenes children but to put the matter quite out of al ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the king who were presente at the signing of the said Wil and subscribed their names to the same Yea the chief Lordes of the CouÌ„saile were made and appointed executours of the said Wil and they and other had great Legacies geuen them in the said Wil which were paid and other thinges comprised in the Wil accomplished accordingly There passed also purchases and Letters Patentes betwene King Edwarde and the executors of

the said statutes And therefore in that respect the said Wil is insufficient in lawe And to aggrauate the matter farther ye shal vnderstand of great inconueniences and imminent dangers which as yet are likely to ensue if that supposed Wil should take place It is not vnknowen but that at the time of the making of the said Wil the said Ladie Francis had no issue male but onely three daughters betwene her and Henrie Duke of Suffolke Afterward in the time of our late soueraigne Ladie Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him Which issue if it were a son and be also yet liuing by the wordes of the said supposed Wil is to inherite the Croune of this Realme before the daughters betwene her and the said late Duke of Suffolke begotteÌ„ which thing was neither intended nor meant by the makers of the said Actes Who can with any reason or common sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his Letters PateÌ„ts or last Wil to disherit the Queene of Scotland lineally descended of the blood roial of this Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King and Gouernour ouer this noble Realme of EnglaÌ„d The inconueniences whereof as also of the like that might haue followed of the preteÌ„sed Mariage of M. Keies the late Sergeante Porter I referre to the graue consideratioÌ„s and iudgementes of the honorable and worshipful of this Realme Some peraduenture wil say that King Henry the eight meant by his Wil to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten and not vnto the heires by any other person to be begotteÌ„ Which meaning although it might very hardly be gathered vpon the said supposed Wil yet can not the same be without as great inconueniences as the other For if the Croune should nowe remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of this Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is compted in law a ioynt purchase doth make all the issue female inheritable a like and cannot go according to the ancient law of a desceÌ„t to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differeÌ„ces be in law where one cometh to any Title by descent and where as a purchaser And also if th' one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors and so might their issue being heirs females make the gouernmeÌ„t grow infinite Which thing was most farre from the meaning of the makers of that Acte of ParlameÌ„t What if the said King had by his last Wil disposed this realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example Wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent this Realme into partes Had this ben according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto heires of the body of the said Lady Francis by the said supposed Wil. Now to coÌ„plete and finish this our Treatise touching the Queene of ScotlaÌ„ds Title to the fuccession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed Wil was signed with the Kings owne hand Let the heires of the Lady Francis come forth in Gods name and lay forth to the world their demauÌ„d and supposed right against the said Q. of Scotlandes interest The Quene on th' other side to fortifie and streÌ„gthen her claime laieth forth to the open sight of al the worlde her â—ust title and interest signed and alwaies afore this time allowed not onely as with the Seales but with the othes also of al the Kings that euer wer in EnglaÌ„d takeÌ„ at the time of their Coronation for the coÌ„tinuance of the lawes of this noble Realme of England signed and allowed I say almost of al the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Francis or others bring forth to grouÌ„d their iust claime and demauÌ„d vpoÌ„ When al is done they are faine to ruÌ„ne and catche holde vpon King Henry the eightes written Wil signed with his owne hande Wel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original Wil. It is wel knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some autheÌ„tical Record of the same It is also notorious that they can not If then the foundation of their claime being the Wil of such a Prince and of so late and fresh memorie made neither the original nor yet any good and worthy Recorde sufficiently authorised remaine of the same by what colour wil they exclude the saide Queene They must claime either by proximitie of blood or by Charter For the first nature hath excluded them Charter they haue none to shew They wil perchance crie out and complain of the losse and imbeaseling of the same and say that such a casualtie should not destroye and extinguish their right This were some thing perchance if it were in a priuate maÌ„s case It were somewhat if their demauÌ„d did not destroy the coÌ„mon law and the law of nature also It were somewhat if their supposed Charter were perished or by any frau duleÌ„t meanes intercepted by the said Quene Vpon whom in this point it is not possible to fasten any the very least sinister suspicioÌ„ It were somewhat if they did not aspire to take gaine and lucre or if the Queene sought not to auoide daÌ„mage For daÌ„mage it is when any person is spoiled of any right due to him by law and reason And there is

burge who therby inioyed the Countie Pâ—latine The like may be said of diuers othâ— partes of the Germanical Empire yea a wâ— maÌ„ hath ruled and gouerned the said who Empire as it is euident in Agnes the wiâ— of the Emperour Henry the third duriâ— the time of the minoritie of her sonne Hâ—rie the fourth And yet the same Empire ye wote wel passeth by choise and election and not by lineal succession of bloode yeâ— many hundereth yeares ere she was borne and in the florishing time of the olde Roâ—maine Empire Mesa Varia grandmother to the Emperour Heliogabalus and Alexander Seuerus sate with the Senate at Rome heard and examined the weighty causes oâ— the Empire and set her hand also to suche thiÌ„gs as passed touchiÌ„g the publike affaires I do now adioyne the kingdom of Sicile and Naples in Italie of the whiche Italie Noah whom the prophane Writers cal Ianus made Crana his daughter ruler and Quene wher also Lauinia reigned after the death of Aeneas And as for Naples this presideÌ„t of womanly Gouernment is not there only of later yeares in both the Queenes called Iohanne but euen from very auncient time which thing the stories do recorde in Amalasintha that gouerned after the death of her father King Theodoricus with her sonne Athalaricus The said Amalasintha was mother to Almaricus King of Spaine and after his death ruled her self the said Realme Let vs nowe adde farther the Dukedoms of Loraine and Mantua the kingdome of Swetia and Dania and of Noruegia whereof Margaret the daughter of Waldemarus was gouernesse and Quene the kingdom of Beame and of HuÌ„garie And to draw nere home the Realm also of ScotlaÌ„d which realm hath denomination of a woman as their stories report as hath likewise Flaunders The like some of our stories report of EnglaÌ„d wherin I wil make no fast footing Now touching the feminine Successâ— to the right of the Croune of England itâ— no new found Succession and much leâ— vnnatural We reade in our Chronicles Queene Cordel the thirde heire and daugâ—ter of King Leyre the teÌ„th King of Eritanâ— that restored her father to the kingdomâ— being deposed by her two other sisters Wâ— reade that about three hundered fifty anâ— fiue yeares before the Natiuitie of Christâ— Martia Proba during the nonage of heâ— sonne did gouerne this Realme ful politikâ—ly and wisely and established certaine laweâ— called Leges Martianae There be aswel of our owne as of exterternal historiographers that for a most certeinty affirme that Helena the noble Constantine his mother was a Britaine and the only daughter and heire of Coelus King of Britanie and that the said Constantine was borne in Britanie Surely that his father CoÌ„stantinus died in Britanie at Yorke and that the said Constantinus began his noble Victorious race of his most worthy Empire in Britany it is reported by auncient Writers and of great faith and credit And that likewise long before the said Helens time women bare the greatest sway both in warre â—nd peace and that the Britaine 's had womeÌ„ or their Capteines in warfare AmoÌ„g other Cornelius Tacitus writeth thus His atâ—e allis inuicem instructi Voadica generis regij â—mina Duce neque enim sexum in Impertis â—scernunt sumpsÃªre vniuersi bellum We haue now already shewed of Henry he seconde who obteined the Croune by â—he mothers right Which said King by the Title of his wife and after him his Succesâ—ours Kings of England did inioy the Dukeâ—omes of Aquitania and the Dukedome of Poiters as the said Kings Successour should â—aue done also as we haue shewed before the Dukedome of Britanie if Arthur King Richardes Neuew had not by the vsurping of King Iohn and his vnnatural crueltie died without issue And by what other right then by the womans inheritance dew to King Edward the third by his mother the Frenche Kings daughter doe the Kinges of this Realme beare the Armes and Title of the Kings of FraÌ„ce And though the FreÌ„ch men thinke their parte the better against vs it is not but vpoÌ„ an old politike law of their owne as they say and not vpon any suche fonde ground as ye pretende that women Regiment is vnnatural Which RegimeÌ„t ye stoutly affirme to bâ— farre a sunder from any natural RegimeÌ„t yeâ— truely as farre as was the boies head froÌ„ the shoulders the last Bartholmew Faire at LoÌ„don which many a poore foole did beleeue to be true For as the boies head remained stil vpon his necke and shoulders though iâ— seemed by a light liuely legerdemaine to be a great way from the bodie so would you now cast a mist before our eies and make vs beleue that womans gouernmeÌ„t and nature be so diuided and sundred that they may iâ— no wise be lincked and coupled together But surely the French nation was neuer so vnwise to thinke this kind of GouermeÌ„t repugnant to Nature or to Gods holy Word For then they would neuer haue suffered their Realme to haue ben so often gouerned and ruled by women in the time of the nonage or absence of their Kings As by Adela the mother of King Philip and by Blanche the mother of S. Lewis and by the wife of the late King Frauncis taken prisoner at Paura and by diuers others Neither should the said Adela and Blanche haue ben so coÌ„mended of their said noble and worthy rule and â—uernmeÌ„t The said FrenchmeÌ„ though by â—oliâ—ie they haue prouided to exclude foâ—iners from the inheritance of the Croune ã€ˆâ—Šã€‰ they themselues holde at this day by â—e womaÌ„s title and interest the Dukedom â—f Britanie with diuers other goodly posâ—ssions And we haue shewed before how â—ewis the Dolphin of France made a Title ã€ˆâ—Šã€‰ the Croune of this Realme in the right â—f his wife Thus I haue as I suppose sufficiently proued that this kinde of RegimeÌ„t ã€ˆâ—Šã€‰ not against Nature by the auncient and â—ontinual practise of Asia Aphrica and Euâ—â—pa For the perfecting of the whiche laste â—â—rte of Europa and of the whole three â—artes I ende with the notable Poet Virgils verses Filius huic fato DiuÃ»m prolesque virilis Nulla fuit primaque oriens erepta iuuenta est Sola domum tantas seruabat filia sedes We knit vp therfore our conclusion against you after this sort That law and vsage caÌ„not be compted against the law of nature or ius GeÌ„tiuÌ„ which the most part of al couÌ„tries and one great or notable part of the whol world doth and hath vsed but this lawe or vsage is such Ergo it is not against the law of Nature The Maior nedeth no proufe and foâ— the proufe of the Minor we neede to imploy no farder labour then we haue already done Whervpon the consequeÌ„t must nedeâ— be inferred that this law or vsage doth weâ— agree and stand with the law of nature The reason thereof is that it

and defende him against al men that would then after challenge or pursue him as guiltie of the said crime The wihch their doings the Queene considering and fearing dangers imminent and withal calling to mind the sundry and diuers vprours and seditioÌ„s already made against her the wretched and most cruel murther of her Secretarie in her own presence the late straÌ„ge and miserable murther of her husbaÌ„d the distresse the discomforte and desolation wherein she was presently bewrapped the Earles actiuitie in Martial feates and the good and faithful seruice done by him to her mother and to her self fearing some new and fresh sturre and calamitie if she should refuse her Nobilities request though very circuÌ„spect and naturally prudent in al her other doinges yet neuerthelesse a woman and especially neuer to that houre ones admonished either opeÌ„ly or priuately after the Earles acquital that he was guiltie of the said fact nor suspecting any thing therof yelded to that to the whiche these craftie colluding seditious heads and the necessitie of the time as then to her seemed did in a maner enforce her Let them now lay on lode let them now rage and raue against this acquital and mariage let them lie to their owne shame vpoÌ„ their owne deuifes and doinges thereby to defame their Queene Let them lie that the Erle of Huntley was restored to his fathers patrimonie to procure his sisters consent to the diuorse betwene th' Erle and her which restitution was made not for that coÌ„sideratioÌ„ but by cause the Queene thought in her coÌ„science his father wrongfully coÌ„demned Let them crie out vpoÌ„ th' Earle Bothwel for that the senteÌ„ce of diuorse was promulged partly by force partly without the iust and vsual order of the law and without sufficieÌ„t proufs Let them cry out vpoÌ„ him for his violeÌ„t taking and deteining the Queene Yet if they caÌ„ not precisely proue the Quenes consent to any of his vnlawful actes as hitherto they were neuer able to do then can they not get or gather any iust occasion which is the thing they only seeke for to suspect the Queene of this greuous acte On th' other side it is wel knoweÌ„ and easy to be proued that this faction did chiefly procure as we haue said aswel the acquital as the supposed mariage and therfore by likelihod was priuie of all other consequent deuises and practises Wherefore they do nothing but blow out and blase to the worlde with their owne foule filthy mouthes their own shame and doe fare like a man that doth thrust a sworde through both his owne sides to pricke a litle and raise but the outward skinne only of his enemie Ye may now wel perceaue geÌ„tle Reader that hitherto they haue produced litle matter of credit against their Quene and yet as it appeareth very good matter against them selues and for their owne discredit Nowe may ye therefore easely coniecture and by these their chiefe and principal matters and groundes easely perceaue what accompt is to be made of al the residue of their lewde slanders and what smal force and strength al their whole sayinges do beare They see it they see it wel inough themselues good Reader whereby they wel perceaue and fully vnderstand that they altogether are vnable to beare out and mainteine by reason iustice or law these their outragious and seditious procedinges And therefore they set vpon them the best colour and countenance they can Wherein you shal nowe heare what they did alleage being in England for them selues They say that no man can charge them or the residue of their Nobilitie that they haue gone as much as one onely step from the office and dutie of good subiectes in taking armes against the outragious enormities already committed and to preuent the great daÌ„gers immineÌ„t to the persons of their Queene and her dere sonne to their Nobilitie and to the whole state of their weale publike And that it was no smal harts grief to them to heare what vilanie al Nations thought and openly spake of them for suffering such a Tragical matter to scape vnpunished which thing ingendreth of vs say they among strangers and al forain Nations an ill and sinister opinion of some common consent thereto made by our whole Nobilitie Yea to see also the very Executour thereof him selfe by violent force to take deteine and kepe his and their Souereigne and with mariyng with her to disteine her honour Wherfore to set her Maiestie at freedom out of his bondage to preserue her honour and the personne of her sonne and by due punishment of suche a malefactour to recouer their good name and estimation with the rest and quietnes of their CoÌ„trey when they had but in vaine attempted aswel al other meanes as by the offring to the Earle singuler battail they were driuen to gather force to resist them who came to the fielde against them with a strong army But he refusing either to wage singuler battail which was then offered to him or to ioyne in battail with their caÌ„pe escaped by flight The Queene in the meanewhile rendred herself into the Nobilities hands there assembled and by them was conueied to EdeÌ„borough but afterward they were of very necessitie compelled to sequester her vntil such time as some remedie might be found for these maters into LochleueÌ„ Wher she hauiÌ„g now aduised with her self and fully perceued her owne disabilitie to susteme the weight of so great a roome frely and voluÌ„tarily by their saying gaue ouer the Croune to her sonne appointing the Earle Murray being at that time out of the Realme to be RegeÌ„t therof during her sonnes minoritie Th' Earle Bothwel not long after being by them pursued fled the Realme to escape their handes Now this said resignation by the Queene ones made to her sonne he was forthwith by them solemnly crouned and he as King the Earle Murray as Regent obeyd and the state of both these RegimeÌ„ts was by Acte of ParlameÌ„t established WhervpoÌ„ quietnes began to encrease and iustice more and more daily to take place which yet some persons sai thei much enuiyng at to the disturbaÌ„ce of the same and of the kings authoritie first practised contrary to the said their Acte of Parlament the Queenes deliuerance out of Lochleuen and then shewed them selues in armes But as their atteÌ„pt say they was vnlauful so the victory fel against them on our the righteous side Whereby God him self semeth to haue geueÌ„ senteÌ„ce for the equitie of our whole cause against our Aduersaries These are the principal allegations that these good men haue proposed for the iustification of their proceedinges against the Quene before the CoÌ„missioners of EnglaÌ„d Finally they say that the moste parte of them selues are for particuler benefits priuately so muche beholding to their said Quene that a number of them could be coÌ„teÌ„ted and wel willing if they might preserue Scotland in the state of a Kingdome preseruing also the professioÌ„ of true religion with the Kinges person

good reason and lawe to stande at defence and onely to auoide as easely we may their obiections which principally and chiefly are grounded vpon the common lawes and Statutes of this Realme yet for the bettering and strengthening of the same we shal lay forth sundrie great and inuincible reasons coÌ„ioyned with good and sufficient authoritie of the law so approued and confirmed that the Aduersaries shal neuer be able iustly to impugne them And so that we trust after the reading of this Treatise and the effectes of the same wel digested no maner of scruple ought to remaine in any indifferent mans hart concerning her right and Title Whose expectation and conscience allthough we truste fully in this Discourse to satisfie and doubt nothing in the worlde of the righteousnes of our cause yet must we nedes confesse the manner and forme to entreate therof to be ful of difficultie and perplexity For such causes of Princes as they be seldome and rare so is it more rare and strange to finde them discoursed discussed and determined by any lawe or statute albe it nowe and then some statutes tende that waye Neither do our lawes nor the Corps of the Romaine and Ciuil law lightly meddle with the princelie gouernement but with priuate mens causes And yet this notwithstanding for the better iustification of our cause albe it I denie not but that by the coÌ„mon law it muste be knoweÌ„ who ought to haue the Croune and that the common lawe muste discerne the right aswel of the Croune as of subiectes yet I saye that there is a greate difference betwene the Kings right and the right of others And that the Title of the Croune of this Realme is not subiect to the rules and principles of the common lawe of this Realme as to be ruled and tryed after such order and course as the inheritance of priuate persons is by the same For the prous whereof let vs consider what the common lawe of this Realme is and how the rules thereof be grounded and do take place It is very manifeste and plaine that the common lawe of this Realme of England is no law writteÌ„ but grounded only vpon a common and generall custome throughout the whole realme as appeareth by the Treatise of the auncient and famous Writer of the lawes of the realme named Ranulphus de Glanuilla who wrote in the time of the noble King Henrie the second of the law and Custome of the realme of England being then and also in the time of the raigne of King Richarde the firste the chiefe Counsailour and Iustice of the same King and also by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncellour of England De laudibus Legum Angltae And by 33. H. 6.51 and by E. 4.19 Whiche Custome by vsage and continuall practise heretofore had in the Kinges Courts within this Realme is only knowen and mainteined wherein we seeme much agreable to the olde Lacedemonians who many hundred yeres past most politikely and famously gouerned their common Wealth with lawe vnwritten whereas among the Athenians the writen lawes bare al the sway This thing being so true that with any reason or good authoritie it can not be denied then we are farther to consider whether the Kinges Title to the Croune can be examined tried and ordered by this common Custome or no. Yf ye say it may then must ye proue by some recorde that it hath bene so vsed otherwise ye only say it and nothing at all proue it For nothing can be said by lawe to be subiecte to any custome vnlesse the same hath ben vsed accordingly and by force of the same custom I am wel assured that you are not able to proue the vsage and practise thereof by any record in any of the Kings courts Yea I wil farther say vnto you and also proue it that there is no one rule general or special of the common lawe of this Realme which ye â—â—ther haue shewed or can shewe that ã€ˆâ—Šã€‰ bene taken by any iuste construction to ã€ˆâ—Šã€‰ tende vnto or bind the King or his Crouâ—â—â— I wil not denie but that to declare and see forth the prerogatiue and IurisdictioÌ„ of the King ye may shewe many rules of the lawe but to binde him as I haue sayde ye can shewe none Ye say in your booke that it is a Maxime in our lawe most manifest that who so euer is borne out of England and of father and mother not being of the obedience of the King of England can not be capable to inherite any thing in England Whiche rule being general without any wordes of exception ye also say must nedes extende vnto the Croune What you meane by your law I knowe not But if you meane as I thinke you do the common lawe of England I answere there is no such Maxime in the common lawe of this Realme of Englande as hereafter I shal manifestly proue But if it were for argumentes sake admitted for this time that it be a Maxime or general rule of the coÌ„mon law of England yet to say that it is so general as that no exception can be taken against the same rule ye shewe your selfe either ignorant or els very carelesse of your creditte For it doth plainely appeare by the Statute of 25. E. 3. being a declaration of that rule of the Lawe whiche I suppose ye meane terming it a Maxime that that rule extendeth not vnto the Kinges children Whereby it moste euidently appeareth that it extendeth not generally to al. And if it extende not to binde the Kinges children in respect of any inheritance descended vnto them from any of their Auncestours it is an Argument Ã fortiori that it doth not extende to binde the King or his Croune And for a ful and short answere to your Authorities sette foorth in your marginall Notes as 5. Ed ward 3. tit Ayle 13. Ed war. 3. tit Bref 31. Edw. 3. tit Coson 42. Ed war. 3. fol. 2. 22. Henric. 6. fol. 42.11 Henric. 4. fol. 23. 24. Litleton ca. vilenage it may plainly appeare vnto all that will reade and pervse those Bookes that there is none of them al that doth so much as with a peece of a word or by any colour or shadow seeme to intende that the Title of the Croune is bounde by that your supposed general rule or Maxime For euerie one of the said Cases argued and noted in the said Booke are onely concerning the dishabilitie of an Alien borne and not Denizon to demaunde any landes by the lawes of the Realme by suite and action onely as a subiect vnder the King and nothing touching any dishabilitie to be laied to the King himselfe or to his subiectes Is there any controuersie about the Title of the Croune by reason of any such dishabilitie touched in any of these Bookes No verely not one worlde I dare boldely say As it may most manifestly appeare to them that wil reade and pervse

those bookes And yet ye are not ashamed to note them as sufficient authorities for the maintenance of your euil purpose and inteÌ„t But as ye would seeme to vnderstand that your rule of dishabilitie is a general Maxime of the law so me thinketh ye should not be ignorant that it is also as general yea a more general rule and Maxime of the lawe that no Maxime or rule of the lawe can extende to binde the King or the Croune vnlesse the same be specially mentioned therein as may appeare by diuerse principles and rules of the lawe which be as general as is your sayd supposed Maxime and yet neither the King nor the Croune is by any of them bound As for example it is very plaine that the rule of the Tenante by the Curtesie is general without any exception at al. And yet the same bindeth not the Croune neither doth extende to geue any benefitte to him that shal marie the Queene of England As it was plainely agreed by all the lawiers of this Realme when King Philippe was married vnto Queene Marie although for the more suertie and plaine declaration of the intentes of King Philippe and Queene Marie and of al the states of this realme it was enacted that King Philip should not claime any Tytle to be Tenaunt by the Curtesie It is also a general rule that if a man dye seased of any landes in Fee simple without issue male hauing diuerse daughters the lande shall be equally diuided amonge the daughters Which rule the learned men in the lawes of this Realme agreed vpoÌ„ in the lyfe of the late noble Prince Edwarde and also euery reasonable maÌ„ knoweth by vsage to take no place in the succession of the Croune For there the eldest enioyeth al as though she were issue male Likewise it is a general rule that the wife after the decease of her husband shal be endowed and haue the thirde parte of the best possessions of her husband And yet it is very clere that any Queene shal not haue the thirde parte of the landes belonging to the Croune as appeareth in 5. E. 3. Tit. praerogat 21. E. 3.9 28. H. 6. and diuers other bookes Bysides that the rule of Possessio fratris beinge generall neither hath bene or can be stretched to the inheritance of the Croune For the brother of the half blood shal succede and not the sister of the whole blood as may appeare by Iustice Moile as may be proued by King Etheldred brother and successor to King Edward the Martyr and by King Edwarde the Confessour brother to King Edmunde and diuers other who succeded in the Croune of England being but of the halfe blood As was also the late Queene Marie and is at this presente her sister who both in al recordes of our lawe wherein their seueral rightes and titles to the Croune are pleaded as by daily experience aswell in the Exchequer as also in all other Courtes is manifest doe make their conueiance as heires in blood th' one to the other which if they were coÌ„mon or priuate persons they could not be allowed in lawe they as is wel knowen being of the halfe blood one to the other that is to wit begotten of one father but borne of sundrie mothers It is also a general rule in the lawe that the executour shal haue the good and Chattles of the testatour and not the heire And yet is it otherwise in the case of the Croune For there the successour shal haue them and not the executour as appeareth in 7. H. 4. by Gascoine It is likewise a general rule that a man attainted of felony or treason his heire through the corruption of blood without pardon and restitution of blood is vnable to take any landes by discente Whiche rule although it be general yet it extendeth not to the discente or succession of the Croune although the same Attainder were by acte of Parlamente as may appeare by the Attainder of Richarde Duke of Yorke and King Edward his son and also of King Henry the seuenth who were attainted by acte of Parlament and neuer restored and yet no dishabilitie thereby vnto Edwarde the fourth nor vnto Henry the seuenth to receaue the Croune by lawful succession But to this you would seeme to answere in your said booke saying that HeÌ„ry the seuenth notwithstanding his Attainder came to the Croune as caste vpon him by the order of the lawe forasmuch that when the Croune was caste vpon him that dishabilitie ceassed Wherein ye confesse directly that the Attainder is no dishabilitie at all to the succession of the Croune For although no dishabilitie can be alleaged in him that hath the Croune in possession yet if there were any dishabilitie in him before to receue and take the same by lawful succession then must ye say that he was not lawful King but an vsurper And therfore in confessing Henry the seuenth to be a lawful King and that the Croune was lawfully caste vppon him ye confesse directly thereby that before he was Kinge in possession there was no dishabilitie in him to take the Croune by lawful successioÌ„ his said Attainder notwithstanding which is as much as I would wish you to graunt But in conclusion vnderstanding your self that this your reason can not mainteine your intente you goe about an other way to helpe your self making a difference in the lawe betwene the case of Attainder and the case of foraine byrth out of the Kinges allogeaÌ„ce saying that in the case of the Attainder neessitie doth enforce the succession of the Croune vpon the partie attaynted For otherwise ye say the Croune shall not descende to any But vpon the birth out of the Kinges allegance ye say it is otherwise And for proufe therof ye put a case of I.S. being seased of landes and hauing issue A. and B. A. is attainted in the life of I.S. his father and after I.S. dieth A. liuing vnrestored Nowe the lande shal not descende either to A. or B. but shal goe to the Lorde of the Fee by way of eschete Otherwise it had ben ye say if A. had ben borne beyond the sea I. S. breaking his allegeaÌ„ce to the King and after I. S. cometh agayne into the Realme and hath issue B. and dieth for now ye say B. shal inherite his fathers Landes Yf the Croune had bene holden of any person to whome it might haue escheted as in your case of I.S. the lande did then peraduenture there had bene some affinitie betwene your said case and the case of the Croune But there is no such matter Bysides that ye muste consider that the King cometh to the Croune not onely by descente but also and chiefly by succession as vnto a corporation And therefore ye might easely haue sene a difference in your cases betwene the Kinges Maiestie and I.S. a subiecte And also betwene landes holden of a Lorde aboue and the Croune holden of no earthly Lorde but

the weight and importaÌ„ce of such a matter to reste vpon the validitie or mualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare Wil and seâ—tament Ye shal now heare also why we think he did neuer attempt or enterprise any such thing It is wel knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of al Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse ful and sufficient prouse necessarily enforce creditte that the King to his no present coÌ„moditie and aduantage but yet to his great dishonour and to the great obloquie of his subiectes and other Countries to the notable disherison of so many the next royal blood did vse any such authoritie as is surmised Againe if he had made any such assignation who doubteth but that as he conditioned in the said pretensed Wil with his noble daughters to marie with his CouÌ„sels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Elenours heirs to the same condition Farthermore I am driuen to thinke that ther passed no such limitatioÌ„ by the said king Henries wil by reason there is not nor was these many yeares any original copy therof nor any autheÌ„tical Record in the ChaÌ„cerie or els wher to be shewed in al EnglaÌ„d as the Aduersaries theÌ„selues confesse and in the copies that be spread abrode the witnesses preteÌ„ded to be present at the signing of the said Wil be such for the meanesse of their state on the one side and for the greatnesse and weight of the cause on th' other side as seme not the most sufficient for suche a case The importance of the cause being no lesse then the disherision of so many heires of the Croune as wel from the one sister as froÌ„ the other required and craued some one or other of the priuie CouÌ„saile or some one honorable and notable person to haue ben present at the said signing or that some notificatioÌ„ should haue ben made afterward to such persons by the King him selfe or at least before some Notarie and autheÌ„tical person for the better strengthening of the said Wil. Here is now farther to be coÌ„sidered that seing the interest to the Croune is become a plaine testamentarie matter and claime and dependeth vpon a last Wil when and before what Ordinarie this Wil was exhibited al lowed and prooued Where and of whome toke the Executours their othe for the true performaÌ„ce of the Wil Who coÌ„mitted to theÌ„ th'administratioÌ„ of the Kings goods and chattles When and to whome haue they brought in the InueÌ„tory of the same Who examined the witnesses vpon their othe for the tenour and trueth of the said TestameÌ„t Namely vpon the signement of the Kinges hand wherein only consisteth the weight of no lesse then of the Croune it self where or in what spiritual or temporal Courte may one find their depositions But it were a very hard thing to finde that that as farre as men can learne neuer was And yet if the matter were so plaine so good and so sound as these men beare vs in hand if the original TestameÌ„t had ben such as might haue biddeÌ„ the touchstone the trial the light and the sight of the worlde why did not they that enioyed most commoditie therby and for the sway and authorite they bare might and ought best to haue done it take coÌ„uenient and sure order that th' original might hane ben duely and safely preserued or at the least the ordinarie Probate which is in euery poore mans Testament diligeÌ„tly obserued might haue ben procured or sene one or other auteÌ„tical InstrumeÌ„t therof reserued The Aduersaries theÌ„selues see wel inough yea and are faine to coÌ„fesse these defectes But to helpe this mischief they wold fame haue the EnrolmeÌ„t in the Chancerie to be taken for a sufficient Probate by cause as they say both the spiritual and temporal authoritie did concurre in the Kings person Yet do they know wel inough that this plaister wil not cure the sore and that this is but a poore helpe and a shift For neither the Letters Patents nor th'EnrolmeÌ„t may in any wise be counted a sufficient Probate The ChaÌ„cerie is not the Court or ordinarie place for the probate of Willes nor the Rolles for recording the same Both must be done in the Spiritual Courts where th'Executours also must be impleaded and geue their accompt where the weakenes or strength of the Wil must be tried the witnesses examined finally the probate and al other thinges thereto requisite dispatched Or if it may be done by any other person yet must his authoritie be shewed The probate and al thinges must be done accordingly And among other things the vsual clause of Saluo iure cuiuscunque must not be omitted Which things I am assured the recording in the ChaÌ„cerie caÌ„not import But this caution and prouiso of Saluo iure cuiuscunque which is most coÌ„formable to al law and reason did litle serue some mens turne And therefore there was one other caution and prouiso that though the poorest mans TestameÌ„t in al England hath this prouiso at the probate of the same yet for this Testament the weightiest I trow that euer was made in England no suche probate or clause can be found either in the one or the other court Yet we nedes must al this notwithstanding be borne in hande and borne doune that there was a TestameÌ„t and Wil formably framed according to the purpose and effect of the statute yet must the right of th' imperial Croune of EnglaÌ„d be coÌ„ueied and caried away with the color and shadow only of a Wil. I say the shadow only by reason of another coniecture and presumptioÌ„ whiche I shal tel you of Whiche is so liuely and effectual that I verily suppose it wil be very harde for any man by any good and probable reason to answere and auoide the same And is so important and vehemeÌ„t that this only might seeme vtterly to destroie al the Aduersaries coniectural prouffes coÌ„cerning the maintenance of this supposed Wil. We say therfore and affirme that in case there had ben any good and sure helpe and handfast to take and hold the Croune for the heirs of Lady Francis by the said Wil that the faction that vniustly intruded the Lady Iane eldest daughter to the said Lady FraÌ„cis to the possession of the Croune would neuer haue omitted to take receaue and imbrace the occasioÌ„ and benefit therof to them presently offered They neither would nor could haue ben driuen to so harde and bare a shifte as to colour their vsurpation against the Late Queene Marie only and her Sister Elizabeth with the

euidently tende to this ende and scope if a zealous minde to the common Wealth if prudence and wisdome did not rule and measure al these doinges but contrariewise partial affection and displeasure if this arbitrement putteth not away al contentions and striffes if the mind and purpose of the honorable Parlament be not satisfied if there be dishonorable deuises and assignmentes of the Croune in this Wil and Testament if there be a new Succession vnnaturally deuised finally if this be not a Testament and last Wil such as Modestinus defineth Testamentum est tusta voluntatus nostra sententia de eo quod quis post mortem suam fieti velit then though the Kinges hand were put to it the matter goeth not altogether so wel and so smothe But that there is good and great cause farther to consider and debate vpon it whether it be so or no let the indifferent when they haue wel thought vpon it iudge accordingly The Aduersaries them selues can not altogether denie but that this Testament is not correspondent to such expectation as men worthely should haue of it Whiche thing they do plainly confesse For in vrging their presumptions whereof we haue spokeÌ„ and minding to proue that this wil whiche they say is commonly called King Henries Wil was no new Wil deuised in his sicknes but euen the very same wherof as they say were diuers olde copies they inferre these wordes saying thus For if it be a newe Wil then deuised who could thinke that either him selfe would or any man durst haue moued him to put therin so many thinges contrary to his honour Much lesse durst they themselues deuise any new successioÌ„ or moue him to alter it otherwise then they fouÌ„d it when they saw that naturally it could not be otherwise disposed Wherein they say very truely For it is certaine that not only the common lawe of this Realme but nature it selfe telleth vs that the Queene of ScotlaÌ„d after the said Kinges children is the next and rightful Heire of the Croune Wherefore the King if he had excluded her he had done an vnnatural acte Ye wil say he had some cause to doo this by reason she was a forainer and borne out of the Realm Yet this notwithstanding he did very vnnaturally yea vnaduisedly inconsideratly and wrongfully and to the great preiudice and danger of his owne Title to the Croune of France as we haue already declared And moreouer it is wel to be weighed that reason and equitie and Ius Gentium doth require and craue that as the Kings of this Realme would thinke them selues to be iniuriously handled and openly wronged if they mariyng with the heires of Spaine Scotland or any other Countrey where the succession of the Croune deuolueth to the woman were shutte out and barred from theyr said right dewe to them by the wiues as we haue said so likewise they ought to thinke of women of their royal blood that marie in Scotland that they may wel iudge and take them selues much iniured vnnaturally and wrongfully dealt withall to be thruste from the succession of this Croune being thereto called by the nexte proximitie of the royal blood And such deuolutioÌ„s of other Kingdoms to the Croune of England by foraine mariage might by possibilitie often times haue chaunced and was euen nowe in this our time very like to haue chanced for Scotland if the intended mariage with the Queene of Scotland that now is and the late King Edward the sixt with his longer life and some issue had takeÌ„ place But now that she is no suche forainer as is not capable of the Croune we haue at large already discussed Yea I wil now say farther that supposing the Parlament minded to exclude her and might rightfully so doe and that the King by vertue of this statute did exclude her in his supposed Wil yet is she not a plaine forainer and incapable of the Croune For if the lawfull heires of the said Ladie Francis and of the Ladie Elenour should happeÌ„ to faile which seeme now to faile at the least in the Ladie Katherin and her issue for whose title great sturre hath lately ben made by reason of a late sentence definitiue geuen against her pretensed mariage with the Earle of Herford then is there no stay or stoppe either by the Parlament or by the supposed Will but that she the said Queene of Scotlande and her Heires may haue and obteine their iust Title and claime For by the said pretensed Wil it is limited that for default of the lawfull Heyres of the said Ladre Francis and Elenour the Croune shall remaine and come to the next rightful Heires But if she shal be said to be a forainer for the time for the induction of farther argument then what saye the Aduersaries to my Ladie Leneux borne at Herbottel in England and from thirtene yeares of age brought vppe also in England and commonly taken and reputed as well of the King and Nobilitie as of other the lawefully Neece of the said King Yea to turne nowe to the other Sister of the King maried to Charles Brandon Duke of Suffolke and her children the Ladie Francis and the Ladie Elenour why are they also disherited Surely if there be no iust cause neither in the Lady Leneux nor in the other it seemeth the King hath made a plaine Donatiue of the Croune Whiche thinge whether he could doe or whether it be conformable to the expectation of the Parlament or for the Kinges honour or for the honour for the Realme I leaue it to the farther consideration of other Nowe what causes should moue the Kinge to shutte them out by his pretensed Will from the Title of the Croune I minde not nor neede not especially seeing I take no notice of any such Wil touching the limitation of the said Croune here to to prosecute or examine Yet am I not ignorant what impedimentes many doo talke of and some as well by printed as vnprinted Bookes doe write of Wherein I will not take vppon me any asseueration any resolution or iudgement Thus only will I propound as it were by the way of consideration duely and depely to be wayed and thought vpon that is for as muche as the benefitte of this surmised Wil tendeth to the extrusion of the Queene of Scotland and others altogether to the issue of the French Queene whether in case the King had no cause to be offended with his sisters the Frenche Queenes children as the Aduersaries them selues confesse he had not and that there was no lawful impediment in them to take the succession of the Croune it were any thing reasonable or euer was once meant of the Parlament that the King without cause should disherite and exclude them from the Title of the Croune On th' other side if ther were any such impediment whereof this surmised Wil geueth out a great suspicion it is to be considered whether it standeth with reason and iustice with the honour of the King and the

hauing and following of this law as we haue said vnlesse to omitte other thinges ye would bind our Kinges also to receaue the Deuteronomie at the haÌ„ds of the Leuitical Tribe as that ye say that God gaue here a lawe to the Iewes to make or choose a King and so consequently al your illations out of this place seeme to be of smal force For to say the trueth as God neither gaue them this or any other lawe for choosing of a King nor did bid or will them to choose a King so did the people most greeuously offend God in demanding a King. For though by the iudgement of Aristotle and other Philosophers Monarchie wel and orderly vsed is the best kinde of al other Regiments which God doth also wel like yet would he haue no such magistrate among the Iewes But as he chose them for his propre peculier and selecte people and ruled them as wel in the Desert as in Iudea by a seueral peculier and distinct order and Gouernement from other Nations and after suche wonderful and miraculous sort as the like was neuer harde of in any Regiment by sides so would he also reserue to him selfe only the said Supremacie and Monarchie Neither was he a litle angrie with the Iewes nor they committed any smal fault but as it were renounced and reiected Gods owne Monarchie in crauing a King as holy Scripture plainely and openly testifiet Nonâ—ie inquit reiecerunt sed me ne regnem super eos And the people afterwardes acknowledged their fault Addidimus vniuersis peccatis nostris malum vt peteremus nobu Regem God therefore did not bidde them or wil them to choose a King but forknowing long before by his eternall forsight what they would do though contrarie to his blessed wil and pleasure did in this as in other matters beare with their weakenes and condescended vnto the same and fortold them in the said 17. Chapter that in case they would needes haue a King of what kind and sort he should be And therefore immediatly before the wordes that ye recite thou shalt make him a King ouer them is this texte Cum ingressus fuer is terram quam Dominus Deus dabit tibi possederis illam habâ—â—auerisque in illa dixeris constituam super me Regem sicut habent omnes per circuitum Nationes â—um constitues c. And when thou shalt come into the laÌ„d which the Lord thy God geueth thee and shalt possesse yea and dwel therein if thou say I wil set a King ouer me like as all the Nations that are about me then thou shalt make him King ouer thee whome c. Whiche wordes making for the illustratioÌ„ of this place ye haue omitted Wherfore as this place serueth nothing for any absolute election of a King the second which you seeme especially to regard and ground your selfe vpon so doth it as we haue shewed as litle relieue you to prooue therby your conclusions especially against the ordinarie successioÌ„ either of a strauÌ„ger or of a woman that ye would gather and conclude out of the same Thus haue we sufficiently answered the place of Deuteronomie for this one purpose Th' other two autorities may be much more easely answered The people meant nothing els by their said wordes spoken to Dauid but that they were the seede of Abraham Isaac and Iacob as wel as he and intended with true and sincere hartes vnfainedly to agnise him as their chiefe Lord and Soueraigne For at that time the Tribe of Iuda only whereof King Dauid came by lineal descent did acknowledge him as king Now the residue which before helde with Saules sonne did also incorporate and vnite themselues to the said kingdome If this man looke wel vpon the matter he shal find I trowe that the Queene of Scotland may as wel cal her selfe the bones and fleshe of the Noble Princes of England as this people cal them selues the bones and sheshe of King Dauid But yet the great terrible battering Cannon Athalia is behind She being in possessession of the kingdome seuen yeares was iustly thrust out by cause she was an Alien We may then saith this man iustly denie the Queene of Scotland the right of that which if she had in possession she should not iustly enioy Yet Sir if the Queene of Scotland be no Alien as we haue said then is your Cannon shot more feareful then dangerous We deny not but that Athalia was lawfully deposed but we beseche you to tell vs your Authours name that doth assigne the cause to be suche as you alleage Surely for my part after diligent searche I finde no such Authour Trueth is it that Iosephus writeth as ye doe that she descended by the mothers side of the Tyrians and Sidonians yet neuerthelesse he assigneth no such cause as ye doe And as ye are in this your preatie poisoned pamflet the first I trow of al Christian men I wil not except either Latin or Greke vnlesse it be some fantastical fonde and new vpstart Doctour as M. Knoxe or some the like neither Iew Chaldee nor Arabian that hath thus straungely glosed and deformed this place of holie Scripture against the ordinarie succession of women Princes so are you the first also of all other Diuines or Lawiers throughout the world that hath set forth this new fonde foolishe lawe that the Kings childe must be counted an Alien whose father and mother are not of the same and one CouÌ„trie If the French or Spanish King chaunce to marâ—e an English woman or the King of England to marie a French a Spanish or any other Country woman their Children by this new Lycurgus are Aliens and so consequently in al other Nations al such are haue ben and shal be AlieÌ„s by this your new oracle For what other cause shew you that this Athalia was an Alien but by cause her mother was an Alien genus duceÌ„s say you Ã Tyrijs Sydoâ—iis coming by lineal descent by the mothers side from the Tyrians and Sydonians King Achas maried her mother doughter to Ithobal King of the said Tyrians and Sydonians This Athalia whom Iosephus cal leth Gotholio Achas daughter maried IoraÌ„ King of uda her brother called also Ioram being king of Israel after the decease of his father Achas So then ye see that this Athalia was nomore an Alien among the Iewes then â—â—ing Edbalde Baldus was the sonne of Bertha a FreÌ„ch womaÌ„ and of King Ethelbertus the first Christian King of th' English nation no more then was the noble King Edward the third borne of a French woma â—more then Queene Marie was no more â—en should haue bene the issue of the said Q. Marie in case she had had any by the king â—f Spaine I perceaue that your felowes that â—ould faine make King Stephen King HeÌ„â—e the second and Arthur Neuew to King â—ichard the first Aliens had but rude dul â—nd grosse heades in comparison of

The possions of the Croune of Englad that vvere beyondthe seas sealed into the Frenche kings haÌ„ds for the murther of Arthur Polid. 15. flor histor An. 120â— Levvis the French Kings son claimed the Croune of this Realme in the Title of his vvise Pro hereditate uxoris meae scilicet neptis Regis loaÌ„ usque ad mortem â—â— necessitas exigeret decertabo Flor histo Anno 1216. Haroldus muneribuâ— genere fretê° regni diadema innasit H. Hunte hist Angli lib. 5 Cut regnuÌ„ iure hereditario debebatur Palredus Rhie ual in histo R. Angliae ad H. 2. Cui de iure debebatur regnum An glorum Io. Lond. in Chron. Angliae Eadem uerba sunt in Math West mon. in flor hist a. 1066 What calamities sell to this Realm by the vsurping of King Harolde King Stephen and Iohn Rex Eduar dus misit c. ut uel ipse Eduar uel filius e ius sibi succederent c. Rich. Cicest uid Wil. Malmest de reg Angl. E. 2. c. 45. lib. 3. c. 5. Polid. 26. king H. 7 vvith his Counsaile is a good interpretor of our present cause The mariages of King E. 3. sonnes A fond imagination of the Aduersarie of the statute of 25. E. 3. There vvas no doubt made of the Kinges children borne beyonde the seas This statute toucheth not the Q. of ScotlaÌ„d as one not borne beyond the seas Vide statuta Walliae in magna Charta Walesvvas vnder the allegeance of EnglaÌ„d before it vvas vnited to the Croune The statutes of King H. 8. touching the succession of the Croune An ansvves to the fore said statute The effect of the Aduersaries arguments for the exclusion of the Quene of Scotland by a pretensed vvil of King H. 8 An. H. 8.35 An. H. 8.33 21. An ansvvet by the vvay of reioindeâ— to the same Diuers presumptions and reasons agaiÌ„st this supposed vvil The supposed vvil is preiudicial to the Croune of Englande for the claime of the croune of France This supposed vvil geueth occasion of ambitious aspiring Succession to the Croune more vncerteÌ„ bi the supposed vvil then before Much forgene and counterfeyting of Testamets Valerius Maximus dict et fact lib. 9. c. 4. In this supposed vvil is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters No order taken for the probate of the supposed vvil The enrollement in the chance rie is not a probate A great presumption against the supposed vvil for that the late pretensed Q. Iane did not vse the benefit of the same against the Q. of Scotland and others See the proclamation made the x. of Iulie the first yeare of her pretensed reigne Polid. lib. 8. The forgetie of this ã€ˆâ€¦ã€‰ ã€ˆâ—Šã€‰ discloseâ— before the Parlament by the L. Paget A vvorthy deede for Ã Prince to cancell false Recordes Cicero 3. offic Sueton. de uiris illustrib Bed. lib. 3. histor Ecclesiast c. 1. L. tefliuÌ„ ff de testibus L. Ob carnem ibid. No iust â—aâ—se to repel â—he testimonie of the L. Paget and others L. Famâ—â— ff ad ã€ˆâ€¦ã€‰ maies l. muliere ff de accusat Hovv a negatiue may be proued Gloss Doct. c. bo na de elect Hovv and vvhen the later testimonie is to be accepted before the former Why the stampe caÌ„not counteruaile the Kings hand in this case Ioan Andr. in adit spe cul tit de requisit consul ad finem L. Sifundus ff de rebus corumâ—c de rebus Ecelesiae in 6. An ansvvere to the aduersaries touchinge Actes of Parlament alleaged to proue that the Kinges ovvne haÌ„d vvas not necessarie to the supposed vvil 18. E. 3. fol. 30. 3. H. 4. fol. 3. 11. 11. H. 4. fol. 67.9 H. 6. fo 6. 19. H. 6. fo 7. et 10 35. H. 6. fol. 12. 10. H. 6. fol. 26. 3. H. 6. fol. 8. 33. E. 3. fo 13. Vide Prisot 33. H. 6. fol. 39. 9. H. 6. fol. 35.35 H. 6. fol. 34.40 E. 3. fol. 2. 40. E. 3. fol. 35.21 E. 4. fol. 97.7 H. 7. fol. 15. 9. E. 4. fo 2. 22. E. 4. fo 47. 29. H. 6. fol. 6.29 lib. Assis P. 64. 27. H. 8. c. 10. 32. H. 3. c. 1. The supposed vvil caÌ„ not preiudice the Q of Scot laÌ„d though it had ben signed vvith the Kinges ovvne haÌ„d Ther must needes be some qualification and restrait of the general vvordes of the statute Matthae us Paristensis in Iohan. L. 1. ff quâ— Testamenta facere The definition of a TestameÌ„t L. fl pater ff Quae in frau credit L. fill famil ff de Donat. L. 1. c quae res pign l. obligatione ff de pigno c in genera de Regum iuris in 6. L. quidaÌ„ ff de uerb sâ—g L. ut grada Â§. 1. de numer honor L. permitteÌ„do cuÌ„ notatis ff de iure dotiuÌ„ In geuing general au thoritie that seemeth not to be comprised that the partie vvould not haue graunted being specially demaunded General voordes must be referred to hable persons L. 2. c. de Nopal L. fin Â§ in computatione De iure deliber ibi notat Alciat in l. 1. de uerb significat 11. H. 4. fol. 72. 9. H. 6. fol. 24.11 H. 6. fol. 15. Non est par ratiâ— lucra non capere damna sentire L. sin C. de co dicil L. Proculus ff de damno infect Insti de legat Si res L. qui â—eeâ— sare C. dâ— edendo Â§. commodum lust de indict L. st quiâ— iâ— aliquo documento C. de edendâ— An infamous libel made lately against the Queene of Scot. The Authour of the same seemeth litle to regarde touching the succession of the Croune any lavve but holy Scripture only He groundeh him self chefly vpon the 17. of Deuteron â— Samuel â— 2. Reg. 11. An ansvvere tou chinge the 17. of Deuteron Great difference be tvvixt successioÌ„ and clection August de merit remis pecc cont Pela li 3. c 8. 9. to 7 in quaest ex nouo Test ca. 8. to 4. Queene of Scotland no straunger 3. Politico 1. Reg. 8. 2. Reg. 12. An ansvvere to the 2. Samuel 5. Ioseph Iudaic An tiq lib. 9. cap. 6. A nevve fond and madde in terpretation vvho is an AlieÌ„ made by the Aduer sarie Ioseph ibi cap. 6. Athalia vvas no AheamoÌ„g the levves Who is an Alien by Vlpian Who is an Alien by Vlpian L. 1. ff ad municip Matth. 12 Iosue 6. Dauid and Christ descend of Obed Ruthes sonne 4. Reg. 11. An ansvvere to the Aduer farre touching the lavve of Nature vvhich he vvresteth against vvomens gouernement L. 1. ff de iust iure l. ueluti l. ex hoc l. omnes cod Est enim noÌ„ scripta sed nata lex c. Cicero pro Milone The practise of Womens Regiment in Asia Aphrica and Europa Straebo geâ— graph lib. 14. First in Asia Queene Artemesia Queene Ada. Solinus in collect lib. 67. Plinius lib. 6. cap. 20.

CONCERNING THE DEFENCE OF THE HONOVR OF THE RIGHT HIGH MIGHTIE AND NOBLE PRINcesse Marie Queene of Scotland and Douager of France with a Declaration as wel of her Right Title and Interest to the Succession of the Croune of England as that the Regiment of women is conformable to the lawe of God and Nature Made by Morgan Philippes Bachelar of Diuinitie An. 1570. LEODII Apud Gualterum Morberium 1571. A DEFENCE OF THE HONOVR OF THE RIGHT HIGH RIGHT MIGHTIE and Noble Princesse Marie Queene of Scotlande and Douager of France The First Booke IT were to be wished that as God and nature haue most decently ordinately and prouidentely furnished and adorned manne with two eies two eares and but with one mouth and one tongue wonderfully bridled and kept in with the lippes and the teeth so men would consider the cause of it and the great prouidence of God therein and after due coÌ„sideration vse them selues accordingly Then should we sone learne and practise a good lesson to heare and see many thinges and yet not to runne headlong nor rudely and rashly to talke of al we heare and see but to talke within a compasse and to referre al our talke to a temperance and sobrietie and to a knowen tried trueth especially where the said talke may sound to the blemishing and disgracing of any mans good name and estimation But now a daies the more pitie there is nothing almost but that as sone as it is perceaued by the eye or the eare must furthwith be lasshed out againe by the mouth suche a superfluous and curious itching we haue dissolutely and vnaduisely to talke of al matters though they tende to the great hinderance and infamie of many of our bretherne and though we be nothing assured of the certaine trewth of the matter yea without respecte to priuate or publique persons Of such vnbrideled talke no man or woman in our daies hath as I suppose more iuste cause to complaine then the right Excellent Princesse Ladie Marie Queene of Scotland whose honour many haue gone about to blotte and deface in charging her moste falsly and vniustly with the death of her late husbande the Lorde Darley For the defence and mainteining of whose innocencie in this behalfe we intend to lay forth before the gentle Reader the most chief and principal reasons grouÌ„ds and arguments whervpon the Patrones the Inuentors and workers of al these mischieuouse and diuelish driftes grounded themselues and all their outragious doomges And then consequently to infringe and repulse the same For to rehearse answere to and repell all their assertions and obiections it would require a very long tediouse and a superfluouse Discourse in as muche as these iolie gaie oratours measuring their dooinges more by number of false obiections then by true substantial and pitthy matter to make a goodly florish and a trim shewe to face out and countenance their craftie Iuglinges and to couer their disordered dealings therewithal haue raked vp and heaped together one vpon another against their good Maistres and Souereigne Queene no smal number of slanderous Articles But in al this rablement in al this raking and racking what thing els do they but vtter and disclose their owne spiteful malice and malicious spite to the discrediting of their cause and them selues also Euen as the accusers of Aristophanes among the Athenienses did by whome he being ninetie and fiue times greeuously accused was yet euery time by the Iudges cleared and found guiltlesse as I do no whit doubt but that this good innoceÌ„t Ladie wil be by the verdit and sentence of al indifferent men ridde and vnburdened in like maner of al maner of suspicion that these reprocheful men woulde by their malice and ambition bring her into by thier willes with al the worlde For as goodly and as greate a muster as they make two partes of their slaunderous accusation are manifest false and opeÌ„ vntruethes and foule forged lies The residue thereof though in some part they beare trueth and be nothing preiudicial to the Queene in this matter yet they are ful calumniously and meruelous maliciously depraued drawen and wrested to the worst The effect and drifte of the whole tendeth to this that first they would we should beleeue that after her mariage her minde was as it were alienated from her husband Secondly they pretende certaine letters that they surmise and would haue to haue bene written by her Grace wherby they seeke to inferre against her many a presumption as their wily braines imagine But the moste weighty of them al seemeth to them to be her pretensed Mariage whereof we wil lastly entreate And yet though they haue done their worste though they haue cast out al their spite and malice against her they neuer haue bene able by any direct and lawful meanes to prooue any thing at al wherby they may staine her Graces honour in any one of the foresaid points Had they brought forth any such necessarily concluding illation we had not atteÌ„pted this Defence in her behalfe but would haue yelded and geuen place to an open knowen trewth But seeing that the best matter they haue to supporte their doings withal is nothing else but presumptions and surmises which yet are not of the surest and moste probable forte neither suche as are presumptions Iuris de Iureâ— contra quas non admittitur probatio seeing also that we ought alwaies in criminal causes chiefly when a Prince is touched who is Gods annointed to be more procliue and prone to fauour then to hatred to be readier to absolue and release then to deteine and condemne and that it is farre better and a more sure and more indifferent and vpright way to saue the guilties life then to condeÌ„ne and cast away the innoceÌ„t I trust and am in an assured hope that al the indifferent Readers hereof this being the cause and woful aduersity of a PriÌ„ce wheras the like estate of Princes ought and is wont to moue and sturre al honest harted men to commiseration and pitie and to do their indeuour to the redresse and reformation of suche wrong and oppression done wil with indifferencie and without all partialitie weigh and coÌ„sider the allegatioÌ„s of the one and the other side and iudge of the matter as it falleth out accordingly Which is the very thing we most desire And seeing the Aduersaries throughout al their cause wander by ghesses and vncertaine presumptions let vs also as I may say abuse a litle parte of our Defence What â—y I abuse perchance truely if we had no better or they any good matter at al nay rather vse them accordingly for the more ample and better trial and iustification of our cause We as ke theÌ„ then why the better and the stronger presumptions should not frustrate auoide and set backe the weaker and the worse This sexe naturally abhorreth such butcherly practises Surely rare it is to heare such foule practises in women And may we find in our harts

bewraieth you and your whole cause withal Is it to be thought that either the Earle would send to the said Sir Iames who had before assisted the faction against the Quene with the force and streÌ„gth of Edenborough Castle and driuen from thence the very Earle him selfe or that the said Sir Iames would send any such thing to the Earle Is it likely Is it credible Had the forger and inuentour of this tale by seemely conueiance parted and diuided the distinction of his times Howe say ye Whereas nowe it is in no case to be supposed or coniectured that suche a wise vertuous Ladie would sende any suche letters yet putting the case that she had sent them it is not to be thought that either the receauer thereof or that she her selfe whome ye conceaue to haue sent them would haue suffred them for the hasarding of her estimation and honour to remaine vndefaced namely seeing there was a special mention made and warning geuen forthwith to burn them and make them away Neuerthelesse when you haue takeÌ„ your best aduantage you can of them such kinde of letters missiue and Epistles especially not conteining any expresse commaundement of any vnlawful acte or deede to be committed and perpetrated not ratifiyng or specifiyng the accomplishment of any such facte already past but by vnsure and vncerteine ghesses aymes and coniecturall supposinges are not able in any wise to make a lawful presumption much lesse any good and substantial proufe not only against your Soueraigne and Prince but not so muche as against the poorest woman or simplest wretched creature in al Scotland Surely the Ciuil lawe willeth that in criminal matters for such are these the accusers alleage and bring foorth nothing but that they may be able to approue and iustifie by the testimonie of good and lawefull witnesses or by some other most manifest cleare and euident proufe or presumptions Sciant cuncti accusatores eam se rem deferre in publicam notionem debere quae munita sit idoneis testibus vel instructa apertissimis documentis vel indiciis ad probationem indubit atis luce clarioribus expedita This rule ought to be obserued and kept in the simplest and seeliest poore mans cause that is and thinke you nowe you moste vngrate and vnthankefull subiectes that ye maye lawefullye take armes against your Maistresse and your moste benigne Queene that ye maye caste her into vile prison and spoyle her of her Croune and whiche is more of her good and honourable name fame and estimation and then bleare mennes eies and face the world out with the shew of these letters as it were with a carde of ten But yet say you they are her letters She denieth them and we denie them to There is neither subscription of the writer nor superscriptioÌ„ vnto whom they were directed they are neither sealed nor signed there appeareth neither date wherein they were dated neither day nor moneth There is no mention made of the bearer who is as it may be supposed for any name he beareth the man in the Moone He was neuer yet knowen nor herd of that did either receaue or deliuer them For as for him that ye surmise was the bearer of them and whome you haue executed of late for the said murther he at the time of his said execution tooke it vpon his death as he should answere before God that he neuer caried any such letters nor that the Queene was participant nor of couÌ„sayle in the cause Think ye that wise and expert meÌ„ are ignorant how perilous and dangerous a matter it is to fasten any good proufe vpon illation of letters and how easy it is to some men to imitate and counterfeat any character The which a Knight lately deceased in England could so liuely and subtilely doe that he who wrote moste crabbedly and vnleageably could hardly discerne his owne hande writing from the Knights counterfeiting hande But who conferred these letters I pray you with your Queenes owne hande writing Dare you to warrant them in this so perilous and weighty a cause to haue bene so exquisitely and so exactly vewed and conferred with al suche dewe circumstances as the Ciuil law doth require were it but a Ciuil or a money matter You wil peraduenture answere that there was dew collation by you made O perfecte and worthy collation O meete and apt men for suche a purpose As though it is not notoriously knowen throughout the worlde that ye are her most mortal enemies as though these counterfeit letters were not the vnderpropped postes and vpholders of your whole treachery and vsurped kingdome as though that many in Scotlande could not expresse and resemble and counterfeit in their writinges the Queenes very character and as though there were not among your selues some singuler artificer in this haÌ„dycraft and that hath sent letters also in her very name aswel into Englande as to other places bysides without either her commaundement or knowledge How can I chose then but say that this deede is your shamefull handy-craft and not her hand writing Yea surely al this is your owne fained forging and most vile counterfeiting If ye be angry with me for thus saying by you I hope you wil be sone colde with me againe seeing that I wil not bring out any dead witnesses as ye craftily do contrary to reason and lawe Quia testibus non testimonijs credendum est nor suche like but good sufficient and lawful witnesses suche as ye can not by any iust exception or tergiuersation auoyde or elude And these are none other but euen your owne selues For either you must bring foorth good and apparent witnesses to prooue it her hande or some suche as were priuie to the meaning of the sayd letters whiche ye neyther yet haue done nor are likely euer to doo Or ye must graunte that you were priuie to them your selues with the Queene or at least with the said Earle whom ye surmise to haue receaued these letters or that al this is by you maliciously driuen and concluded If ye graunt vs that ye were priuie of the saied letters we truste then you wil be good to the Queene and if it were but for your owne honesties sake If ye denie that and withal that you were the contriuers thereof your selues we pray you to tel vs and blush not how you could so readily and so directly hit the interpretation of these wordes our affaires and what these wordes should meane there being so many affaires as ye pretende in these your fayned false letters betwene the Queene and the Earle That only thing that by these wordes ye surmise pretende and coniecture I suppose that if you were wel examined of this point vpon the sodaine and were vrged and vehemently pressed by any indifferent and vpright Iudge you woulde be somewhat to feeke And yet take at your leasure as good aduisement and as long consultatioÌ„ with your selues as ye can and may thinke meete

and seke as many fine fetches as ye list ye neuer shall shift it of with honestie nor wel ridde your handes thereof Whereof I for my part do take my selfe ful assured and therefore do thinke it a nedelesse discourse for me to make any further descant vpon suche an vnpleasant iarring and vntuneable plaine song of your owne setting and making and am right wel contented that ye do make as gaye glosing comments and interpretations as ye list and as your cunning and skil wil serue you to these your owne shameful vntrue textes But now weigh and consider with your selues I hartily pray you and see whether that al your legerdemaine and close conueiances in your false play aswel touching and concerning your fit iugling boxe as al your other like trickes and cunning illusions be not fully espied and plainely and openly inough laied out to eche mans eye to behold and vew And as touching your said iugling boxe you haue ben very fouly and merueâ—lously ouersene in the close and cleane conueiaÌ„ce of your fingers for that a man more then halfe blinde may perfectly see and perceaue your foule play foras much as the very selfe said Doughleish whom amoÌ„g other ye executed and ridde out of the way hath said and sufficieÌ„tly declared for the Quenes innocencie Nay nay perhaps you wil say although our letters although our dead witnesses and although our other matters faile vs yet we hope that the litle faint mourning she made for his death the acquital of the Earle and her preteÌ„ded mariage with him wil help your cause and geue testimony against her And why so I pray you Was not his body enbalmed inseared and interred bysides the Queenes father the late King Iames accoÌ„panied with Iustice Clerke the Lorde of Traquarre and with diuers other GentlemeÌ„ The ceremonies in deede were the fewer bycause that the greatest parte of the Counsaile were Protestantes and had before enterred their owne parentes without accustomed solennities of ceremonies Neither is there any suche order or custome as ye pretende and make your reckning of for the reseruation of the corps forty dayes nor any such obseruation was kept and vsed about the corps of the very father of the Prince neither yet was there any such order taken or appointed by the Counsaile for the enterring of the said Lord Darleyes bodie in such sorte as ye notifie but euen directly to the coÌ„trary Yea ye are as litle able to proue that there hath ben any such customarie solemnitie obserued of so straight and strange a mourning as ye most seuerely would restraine and bind the Queene vnto as ye be able to proue the residue of the premisses But in case ye could wel iustifie some such vsual order yet shal ye neuer be able to shew that it doth extend and apperteine to suche kinde of Queenes as she is For they mourne their husbands who were Kings her Grace mourneth after an other sort she a Prince her husbande a priuate man and a subiect They as women most coÌ„monly do take their honour and chief dignitie of their husbandes Her husbandes encrease of aduancement came by his matching with her â–ª And further women by the Ciuil law are in diuers cases discharged and excused for their omitting thereof and forbearing their so doing And yet did this good gentle Lady bemone euen suche a one a notable time enioying and vsing none other then candle light as was knowen to al the Nobilitie of Scotland and also to one M. Henrie Killigraie who was sent thither from Englande to her comfort according to the vse and maâ—er of Princes Who had a longer time in this lameÌ„ting wise coÌ„tinued had she not ben moste earnestly dehorted by the vehement exhortatioÌ„s and persuasioÌ„s of her CouÌ„saile who were moued therto by her Physitians informatioÌ„s declaring to them the great and immineÌ„t daÌ„gers of her health and life if she did not in al spede breake vp and leaue that kind of close and solitarie life and repaire to some good opeÌ„ and holsome aire which she did being this aduised and earnestly thereto solicited by her said CouÌ„saile Al which yet not withstanding this her fact is with these most seuere and graue Censors takeÌ„ for and reputed as the very next sin of al to the most greuous sinne against the holy Ghoste But Ã´ good pitiful men who for the very tender loue and singuler affection which you did euer beare to the L. Darley the which truly was so vehemeÌ„t that for your exceding hot and ferueÌ„t loue towards him ye euer sought his harts blood do now so pitifully bewaile him But if she had by reason of the closenes of the aire and somewhat loÌ„ger coÌ„tinuaÌ„ce in her mourning place and in her desolate and doleful estate accelerated her owne death withal then had she by the Earle Murrareâ— and his adherents gostly iudgements mourned like a good honest wife and to their best coÌ„tentation it being the right way and readiest meanes to haue conueied and brought the said Earle to that place where vnto he so long and so greedily aspired and the which now at the length he hath atchie ued and atteined As for the residue of their saynges ã€ˆâ—Šã€‰ there be any fault in the Queene it surely falleth dubble and treble vpon these A chitophelles And the good innoceÌ„t Lady whâ— hath bene so wretchedly and so vnworthely by them abused and circumuented is moâ— to be pitied then to be blamed The Earl Bothwel was acquited by his Peeres according to the common and ordinarie tradâ— and maner in suche cases vsually obserued These vnnatural and disloyal subiects thesâ— most shameful craftie colluders her Aduer saries and accusers I meane the Earle MortoÌ„ the Lord Simple the Lord Lindzay with their adherents and affinitie especially procured and with al diligence laboured hiâ— purgation and acquital which was afterward confirmed by the three Estates by Acte of Parlament These these I say whereof some are now the vehement and hotte fault finders and most earnest reprouers and blamers of the said preteÌ„ded Mariage were then the principal inuenters practisers persuaders and compassers of the same They procured a great part of the Nobilitie to solicite the Queene to couple her selfe in mariage with the said Earle as with a man most fitte apt and mete for her present estate and case First alleaging the dangerous worlde and oft inculcating into her minde and remembrance the present perilous time and dealinges of menne whiche the better to preuent and more surely to withstande by their counsel and persuadings induced her and by other their crafty doinges as it were enforced and constrained her to take a husband to be her comforter her assister her buckler and her shilde to defend her against al her whatsoeuer Aduersaries If she would be contented so to doe they promised him seruice and to the Queene loyal obedience Yea many of them bound them selues to the said Earle by their owne hande writing to assist mainteine

all worldes and turnes Against you the Earle Murton bysides the murther of the Queenes Secretarie and of the Lorde Darleye her husbande there are many iuste exceptions and chalenges to be layed and taken aswell of other misdooinges as of manyfolde and apparent treasons whiche ye seeme to haue sucked with your mothers milke ye haue ben a Traitour so often times to your Prince and Souereigne But the Earle Murray it is whom aboue all other we haue to charge and burden His base natiuitie his baser conditions the notable saying of the foresayd Cassius Cui bono the trade of all his former life will muche stayne and presse him if wee doo well weygh and marke the weyghtie presumptions that be euident and playne against him I will make my beginning with the greate and vnnaturall vnkindnesse and ingratitude by him shewed to his deare Sister and his louing and most bountiful Maistresse and Souereigne At what time she minded after the death of her first husband the French Kinge to repaire into her owne Realme of Scotland she sent forthwith for him into France and vsed his aduise and counsel in al her affairs euen as she did also after her returne into Scotlad so farre that she had but as it were the name and calling he bearing the very sway of the Regiment by her intituled to and honoured and adorned with the Earldome of Murray and at length by one meanes or other furnished with so greate and ample possessions that bysides other commodities and aduantages the yearely rent thereof passeth and surmounteth the summe of twenty and six thousand poundes after the rate of their money Behold now the thankfulnes of this good and grateful nature He laboured and endeuoured al that he possibly could to withholde the Queenes mind and stay her from al manner of mariage and to entaile the Groune of the Realm vnto himself though he were illegitimate and vncapable therof and to the name and the blood of the Stewards But when he saw and throughly perceaued and wel knew that the Queene was fully minded and earnestly bent and had now determined to ioyne her self in maâ—â—ge with the Lorde Darley he practised meanes by his afsistance and procurements to haue slayne him and his father and to haue imprisoned her at Lochleuen and to haue vsurped the gouernement himselfe as he now doth But now when he saw this his intent and purpose disclosed and preuented and that the solemnization of the mariage was already past he shewed himself with his adherents in open field and in armes against the Queene his Maistresse Whervpon he was drâ—â—en to flee into England At which his there abode he instantly solicited and besought for aide against his Souereigne which was worthely denied him Then beganne he to practise with the Earle Morton by his letters and messengers about the derestable slaughter of Dauid the Queenes Secretarie who by their mischienous sleights and craftie persuasions indueed the Lorde Darley promising him to remoue the Quene from the medling with al politike affaires and actually to put him iâ— possession of the Croune and of the rule and gouernement of the Realme to ioynâ— with them in this traiterous conspiracie against the Queene his moste deare and louing wife and moste dreade Soueregne Wherevpon the murther was in most horrible and traiterous wise committed in the Queenes owne chamber of Presence vpon him violently plucked from the Quene she also being cruelly manaced and sore threatned hauing also a charged pistolet set to her belly being then greate with childe and then remoued from her priuie chamber into an other where she was kepte as prisoner The yong vnexpert and rash Lord Darley who being blinded with outragious ambition could not forsee the diuelish drifte of these craftie merchants beganne now but almost to late to espie it and seeing him selfe as nigh the danger as was his wife the Queene repaired to her moste humbly asking her pardon of his heinous attempt and pitifully crieng out to her to prouide and finde out some present way to preserue them selues both Who by the Quenes politike industrie was priuily with her selfe conueied away out of the Rebelles danger and by him this wicked drift and the driuers and contriuers thereof were discouered to the Queene But lo the next day after this slaughter the Earle Murray entred into Scotland and repaired to the Queene with as faire a couÌ„tenance as though he had ben cleare aswel for that fact as for alother treasons Wherof the gentle and merciful Queene pardoned him admitting him againe into her Graces loue and fauor Wherat the L. Darley much misliking and vehemently repining feared that he would be as he was in dede wheÌ„ he saw his time reuenged vpoÌ„ him by cause he was of him detected to the Quene for being one and the chiefe of the counsailers aiders and assisters in the conspiracie about the murther of the Secretarie now committed These and the like imaginations so depely sanke into and pearced the yong mans harte that he finally resolued with himself by one meanes or other to ridde the Earle Murray out of the way Whereabout he went so farre forth that he coÌ„municated his purpose to the Quene who did most highly mislike therewith and most vehemently deterre him from the said his inteÌ„t Yet did he breaâ— the matter farther as to certain other noblâ— nien by whome at the last it was reuealeâ— to the ã€ˆâ—Šã€‰ arle Murray Wherfore the Earâ— did continually after beare him a deadly enmitie and hatred Wherevpon at length al other attempts failing him this execrablâ— murther was by him the said Earle Murray and by the Earle Murton first deuised anâ— afterward in such strange and heynous fort as the worlde knoweth and detesteth most horribly practised and put in execution What peraduenture some man wil say of al the men in the worlde the Earle Murray is farthest of from al manner of spot and finister suspicion touching this matter For he was not at the Court when this murtheâ— was committed and when the Queene was appreheÌ„ded he was out of ScotlaÌ„d and who did driue out of ScotlaÌ„d the Earle Bothwel but the Earle Murray Who is he that hath taken so much paines and trauaile to boult and find out and execute such as were cuâ—pable therein but the Earle Murray In deede for his bodily presence at the deede doing I wil nothing affirme he must â—eld the price thereof to his companion the â—arle Bothwel He must be contented for â—s share with the preeminence and preroatâ—ue of his special deadly foade towarde the Lorde Darley and preposterous policie â—nd witte so closely and so smothly to conâ—ey and compasse it and beare out with so greate countenance so heinous a facte and â—o reward him self for his paines taken therâ—n with the extrusion of his Maistresse and Queene and intrusion of him self though absent to the regiment and gouernment of the whole Realme This this I say may

it Vortiger aspiring to the Croune of the Realme actually and really obteined the same by the murthering of King Constance whiche was not done without his craftie incensing and priuie consent yet he pretended outwardly great sorow weeping and lameÌ„ting the murther of him the which he neuerthelesse longed for and was the occasion of the same As for Scotland I reporte me to the Tragical historie of King Duffus slayne by a Nobleman named Dunwaldus who was in great estimation and autoritie with the said king When the King was a bedde in the Castle wherof this Dunwaldus had the keeping he banketed his Chamberlaines and so oppressed them with immoderate surfeting and drinking that when they were once gotten about high midnight to sleape in their beddes ye might haue rong a great beâ— ouer their heads long ere they wold wake who being in their dead and depe sleape the King was murthered and slaine by such as this Noble man had suborned His dead body was caried away and buried in a riuer The labourers that buried him were also slaine that they might tel no tales In the morning the King was missing his bed was fouÌ„d imbrued with blood Has drousy druÌ„cken Chamberlaines that least knew of the matter were had in greatest suspicion and without farther delay by the said Dunvaldus like a man zelouse to punish malefactours were slaine and put to death No man being farther a great while from suspicion then he vntil first his owne ouer busie searching for the murtherers and afterward other thinges bread vppon him such suspicion that he was there vpon apprehended and being found guilty worthely executed The like pranck plaied Duke Robert brother to the King of Scotland and Gouernour of the Realme of whome we spake before He procured the Prince his nephew to be made away and murthered and yet pretending himself as holy as Murray doth to be zealouse in the punisâ—hing of such an heinous facte caused certaine innocent persons to be executed therefore We say then that the Earle Murrayes dooinges proceede not from any great care he hath to the maintenance of law and Iustice who is moste culpable himselfe but only colourably to cloke and hide his owne mischieuous treacheries and to turne the blame of the fault from him selfe vppon his good Ladie and Queene from whose personne it is farthest Whereof they themselues gaue in manner plaine testimonie and witnesse For though they had openly in their pretensed and disordered Parlament detected her thereof yet before the Englishe Commissioners they alleaged other matters as her voluntarie resignation of the Croune c. The whiche allegations when they wel sawe would not serue their turne and that men did vnderstand how and after what sorte they had proceeded against her in Scotland they were as it were driuen and forced being excluded from all other apparent shiftes after seuen or eight weekes aduisement after their first inuectiue to obiecte the said facte against her Wherof the good innocent Queene hearing and astonied at their strange and contumelious canuasinges and impudencie in their dooinges and being sith her apprehension credibly enformed and by apparencie of matter and proufe therof lead and induced to beleeue and geue credit that this wicked enterprise was chiefly inuented and compassed by the Earles Murray and Murton made earnest sute by her Commissioners to arrest them that they should not shrinke away and depart vntil they had answered that matter for them selues whiche she fully intended most effectually to prosecute against them and others And so did accuse them in deede by her CoÌ„missioners and desired farther that she might comme in her owne personne before the Nobilitie and the Ambassadours of other Countries there resident and goe foreward with and prosecute her said accusation against them Whereof they hearing they fretted they fumed they stamped they stared and for a smal while made much hot sturre But when they had wel considered and digested the matter loking in their owne breastes they became vpon the sodaine so colde that they thought euery day an hundred vntil they were packing home and neuer ceassed alleaging many vaine and friuolouse excuses to vrge their dimission moste importunately vntil they had at the last obteined their sute O that Cassius were now liuiÌ„g that he might lay to the Earle Murrais charge his accustomed worthy saing Cui bono He would tel him that as the Queene by this facte had no manner of hoped commoditie and is of ouer good and vertuous disposition and nature in any respect of worldly commoditie so to dishonour her selfe and state and euen as th' Earle Murraies birth and natural inclinatioÌ„ were most apt and mete to worke such naughty practises so were there many occasions also for his parte such as he had best liking and contentation of to the putting of the same in practise Among other thinges it pincheth him and al his faction and greeueth them to the very hart to remember the reuocation the Quene had made the April before of al such thinges as apperteine to the Croune that had by her self or others in her minoritie ben alienated Which reuocation by an old law and order in Scotland the Princes ther may make before the accomplishment of twenty and fiue yere of age Now had the Earle Murray and his faction by one meanes or other gotten into their handes and possession two parts of the yearly reuenewes of the whole Croune See see I pray thee good Reader if this were not the very vndoubted cause that made him and them so pitiful and so tender harted towarde the L. Darley being dead whose death they had so long thirsted for and whose life they had by so many snares and mischieuous waies assaulted and laied wait for Yea there was a farther Cui bono then this They thought to driue by their ioly politike practises al the displeasure and hatred of the facte vpon the Queene and so for this pretensed mischieuous facte to driue her from the possession of her Croune and to intrude them selues by some pretie colourable conueiances into the sole intermedling with al the publike affaires and to the Gouernement of the Realme vnder the title of the good Infant the Queenes sonne and to assure their possessions to them selues at leaste the space of twenty and fiue yeares more But I pray God there be not a farther and a worse fetche then al this commeth to Wel then al these their foretolde purposes hath the Diuel brought to passe for them euen according to their harts desire sauing that he oweth them a shame and wil pay it them when they count them seluet most cocke sure And beginneth as it seemeth alredy ful properly to pay them home euery one day more then other For as close and as secrete as they hid and kept their doinges from the world especially fro their good Quene vntil they had quitted th' Earle Bothwel and coupled him most dishonourably with that vpright and wel meaning

Ladie in preteÌ„fed mariage they could neuer bring their matters to passe And for al their vaine bragging and outfacing as it were their innocent Souereigne their whole wicked drift is derected burst out and come to the certeine knowledge of no smal number of men Is it vnknowen thinke ye the Earle Murray what the Lord Harris said to your face openly euen at your owne table a few daies after the murther was committed Did he not charge you with the fore knowledge of the same murther Did not he nulla circuitione vsus flatly and plainely burden you that you riding in Fiffe and comming with one of your moste assured trusty seruants the said day wherein you departed from Edenborough said to him among other talke This night ere morning the Lorde Darley shal lose his life Is it not ful wel knowen thinke ye that ye and the Earles Bothwel Morton and others assembled at the Castle of Cragmiler and other places at diuers times to consult and deuise vpoÌ„ this mischief If neede were we could rehearse and recompte to you the whole summe and effect of the oration made by the most eloquent among you to stirre vp exhorte and inflame your faction then present to determine and resolue them selues to dispatche and make a hande with the L. Darley We can tel you that there were interchangeable Indentures made and subscribed by you that he which had the best opportunitie offered to make him away should furthwith take it in hande and dispatche him We caÌ„ tel you and so caÌ„ fiue thousand and moe of their owne hearing that Iohn Hepborne the Earle Bothwels seruant being executed for his and your traiterous facte did openly say and testifie as he should answere to the contrarie before God that you were principal authors counsailers and assisters with his Master of this execrable murther and that his said Master so tolde him and farthermore that he him selfe had sene the Indentures we spake of We can tel you that Iohn Haye of Galoway that Powry that Dowglish and last of al that Paris al being put to death for this crime toke God to recorde at the time of their death that this murther was by your counsayle inuention and drift committed Who also declared that they neuer knew the Queene to be participant or ware thereof Wel we can farther tel you of the greate goodnes of God and of the mightie force of the trueth Whereby though ye haue wonderfully turmoiled and tossed though ye haue racked and put to death aswel innocents as guiltie your owne confederats and offred many of them their pardons so they would depose any thing against the Quene God hath so wrought that as for no tormeÌ„ts nor fayer promises they could be brought falsly to defame their Mastresse so without any torments at al they haue voluntarily purged her and so layed the burden vpon your necks and shoulders that ye shal neuer be able to shake it of We can tel you that England doth wel knowe these your detestable practises neither wil suffer it selfe to be spotted with the fauouring and assisting of your abhominable doinges We can tel you that this good Ladie is vniustly accused and wrongfully oppressed as good Susanna was We can tel you that ye altogether resemble the two old wicked Gouernors that wrongfully accused her as an aduoutresse being the aduouterers them selues and brought her into danger of present death by their false testimonie as ye haue done with your wel intending Queene for that she would not consent and yelde to the old lusty leacherous rebels We can tel you that if you do not the soner repent ye see by example of them what your rewarde shal be and that in the meane while God hath as woderfully deliuered out of your handes this our innocent Susanna as euer he did the other from them For though she were kept so straight in a strong Forstresse and Castle with watche and warde in such forte that none of her wel willers and frinds no not so much as the Frenche Kinges Ambassadors might be suffered to come at or to speake with her though she were daily guarded with greate nomber though the gates were euery euening surely and customably locked and the keies thereof were continually night by night deliuered to the Lord of the said Castle though the botes were continually fastened and locked vp yet God so wrought that the keies of the said Castle were in the said Lords very presence taken away by a poore orphaÌ„ simple boy being not yet eightene yeares olde bred alwaies and brought vp in the same house Which feate by him wrought and a tokeÌ„ or signification geuen therof to the Quene she departed out of her prisonhouse into the courte thereof at seuen of the clocke at night vpon the secoÌ„d day of Maie and so passing went to the said gates vnlocked and opened by the said orphan boye Who taking bote also rowed her and her waiting maide withal with much a doe ouer the water Who hauing now passed the water was on the other side receiued by certaine geÌ„tlemen and by them conueied and conducted to Hamilton where she before her Nobiliâ—e reuoked annihilated and made voide al that she did in prison before with solemne protestation vpon her othe that she was violently forced thereto and put in iust â—eare of the losse of her life After this it pleased God to put her in minde to take her iourney into England aswel for the special and comfortable promises to her made before her comnig by messengers letters and tokens sent from the best there both coÌ„forting and promising her opportunitie seruing al conuenient succour and helpe as that we Englshemen which must needes honour and reuerence her who is of the next roial blood and true Heir apparent of the Croune of this Realm of England should thoroughly knowe and fully vnderstand to our greate comfort her purenes integritie and innocencie in the matter vnder preteÌ„se wherof her traiterous and rebellious subiects thereby to accoÌ„plish their seditious and ambitious minds and purposes haue molested vexed and disquieted her in manner aforesaid and now at the last â—epe her not only from her Croune and Realme but from al whatsoeuer either her priuate or other goods as vnwilling that she should either kepe the state and porte of a Prince or any other meaner estate whatsoeuer Neither hath it altogether fallen out coÌ„trary to her expectation and desire For the Nobles of England that were appointed to heare and examine al suche matters as thâ— Rebels should lay against the Queene haue not onely found the said Queene innoceâ— and guiltlesse of the death of her hushand but doe withal fully vnderstand that her accusers were the very contriuers deuisers practitioners and workers of the said murther and haue farther also so much encreased and in suche wise renued the good estimation and greate hope they alwaies had oâ— her now perfectly knowing her innocency and therto moued through other

princeâ— qualities resplendent in her with maâ— whereof she is much adorned and singuleâ—ly endued that they haue in most earneâ— wise solicited and entreated that she mighâ— be restored againe to her honour anâ— Croune They haue moued the said Quenâ— of Scotland also that it may please her to accept and like of the most noblest man of all England betwene whome and her there might be a mariage concluded to the quieting and comforte of both the Realmes of England and Scotland Finally the noblemen of this our Realme acknowledge and accept her for the very true and right heire apparent of this Realm of England being fully minded and alwaies ready when God shal so dispose to receaue and serue her as their vndoubted Queene Maistresse and Souereigne whereby it may easely appeare howe wel they like of her cause that had the hearing and trial of the same although they neuer as yet came in her presence These things now and many other which for the eschuing of prolixitie we forbeare to enlarge our Treatise with may be alleaged for the defence of the Queenes integritie and for the vprightnes of her cause the whiche I would wishe you the Earles Murray and Murton with your allied confederats before al other most depely and bytimes to weigh and consider accordingly as thâ— weight and greatnes of the cause as your owne safety with the welth and honor of your owne natiue Countrey do require I am not ignorant that the matter is gone very farre with you and that many impedimentes doe concurre to withdraw you to seeke that remedy for reformation of things past which is the best and the only remedy But surely when ye haue fully weighed al thinges on euery side accordingly ye shall finde no sure and sound remedie but in making a true a sincere and an vnfained huÌ„ble submission to your gratious Queene whom ye haue so greeuously offended and molested Let not the greatnes or number of your treasons wrought against both your Quene and CouÌ„trey let not any vaine false imagined opinioÌ„ either of the shame of the world or of your vtter ouerthrowe by reason of suche fond presumption of your present high estate of your great power force and strength let no vaine expectation of external succours stay or stop you from so necessarie a duetie and so commendable before God and the worlde Ye best knowe that among al the Princely ornamentes and vertues of your Queene her mercy and clemeÌ„cy are singuler and peerlesse She seemeth well to haue learned that lesson of the Gospel If thy brother doe offend thee forgeue him not onely seauen times but seanenty times seauen times She will not onely forgeue but forget also She neither is ignorant in what state her Realme standeth in nor that extreme seueritie from the which she naturally abhorreth is not of al other times now against suche as wil imbrace mercie offered to them to be shewed and practised She wil rather like the lawe of ã€ˆâ—Šã€‰ ã€ˆâ—Šã€‰ ã€ˆâ—Šã€‰ ã€ˆâ—Šã€‰ ã€ˆâ—Šã€‰ obliuion and forgetfulnes so much of the Writers commended The great benefite wherof ye haue so often and so abundantly receaued at her handes And therfore ye neede the lesse to feare the discontinuance of your high and honourable estate and condition As for shame it standeth in the euil doing it self and not in the amending and reforming of il deedes which amendement and reformation if ye earnestly and truely mind it wil be to the great contentation of your most gratious Queene and of al her louing subiects And in so doing you shal both highly auaunce your honourable estate and estimation and make her a good amends for that which is past and can not be reuoked But on the other side if ye geue ouer and refuse this occasion now present and go forward with your rebellious enterprises and attempts minding to abide and trie the vttermoste ye must wilfully cut away and exclude from your selfe al good hope of mercie and pardoÌ„ and take a wrong way for your owne saftie and preseruation For your cause is naught and so ye well know it to be And therfore can ye not loke to haue and obteine a good prosperous successe and ende thereof Wel ye may as hitherto ye haue done tosse turmoile and tumble al thinges vpside dounewards for a while but be ye assured that Gods hande wil fal and light the heuier and with a greater paise vpon you at the length therefore It is easy to be seen by the course of all times aswel by your owne very Stories at home as by the Chronicles of all other Nations abrode to what ende commonly such seditious conspiracies and treasons do come to that is to the vtter ouerthrow and confusion for euer of those persons that worke attempt practise and mainteine the same They seeme for a while to beare great sway and al the world for a while to runne with them but in the ende they faile and are cleane geuen ouer What meruaile were it if a house should not long continue that is builded but vpon a yelding sandy grounde Ye haue builded and founded al your doinges vpon vntrue and lying slauÌ„ders and treacherous treasons against your dread Souereigne The sincere veritie whereof we haue herein truely declared The which being once throughly detected and euidently knowen to such as ye haue in Scotland craftily abused and shamefully circumuented as surely it daily bursteth out more and more ye shal see your selues sodenly leaft naked and quite forsaken euen of those who haue bene your greatest assisters aiders and furtherers For as the old prouerbe is Trueth is the daughter of time And as ye shal be leaft alone at home so can ye not looke for maintenance and vpbearing of foraine Prinâ—es They wil not defile them selues and their honourable vocation with helping so foule a cause and so dangerous and perilous a matter that may tende to the molestation and hurt not only of their owne state but of the states of all Kinges Christened Nay ye must rather thinke that otheâ— Princes wil iudge and take it to touch theâ— to nigh to suffer such a vilanie to passe anâ— escape vnreuenged and so good a Ladie tâ— be left destitute and desolate The Emperouâ— wil not beare it France wil not beare iâ— Spaine wil not beare it And especially England with her worthy Nobilitie wil noâ— beare or suffer such outragious dealinges against their next louiÌ„g neighbour yea againâ—â— the heire appareÌ„t of this most noble Realmeâ— albe it that ye with your surmised lyes the better to mainteine your vsurped and new erected Kingdome put others in feare oâ— their owne state in case the said innocent Queene should be restored to her Croune againe FINIS the teares of an english hart And his soden arryuall here with all the maner and circumstances thereof would yeelde nevve argumeÌ„ts of an other much loÌ„ger discourse For first his coÌ„ming hither as it vver in a maske bewraies a strange melancholik

nature in himself who delights to make all his iourneis in such sulleÌ„ solitary sort therfore belike an ill companion to liue withall in any felovvship Then yt shewes his extreeme want of abilitie to defray the expence of woeng in a bountiful shew sitting such a prince as coÌ„meth to obtein out Queen This his secrete comming departing discouers a mistrustfulnes in him towards our people and therefore no loue which must needs come froÌ„ his own ill consci ence of fearing french measure in England for on our part the Lord be thanked we haue not committed such villenies all men deeme him vnworthy to speed who comes in a net as though he were loath to auow his errand Some men may think he is ashamed to shevv his face but I think verely that he meanes not sincerely who loues not light wil not com abroade The last noble princely gentlemaÌ„ that went out of EnglaÌ„d to vvin a Queen in france gaue trial shew of vvisdome manhod behauiour and personage by open coÌ„uersatioÌ„ performing al maner of knightly excercises which makes vs in England to find very strange this vnmanlike vnprincelike secrete fearful suspitious disdainful needy french kind of woeng in Monsieur we can not chuse but by the same stil as by all the other former demonstratife remonstraÌ„ces conclude that thys french mariage is the streightest line that can be dravvne froÌ„ Rome to the vtter ruine of our church the very rightest perpendicular downfal that can be imagined froÌ„ the point france to our English state fetching in vvithin one circle of lamentable fall the royal estate of our noble Queen of hir person nobility and commons vvhose Christian honorable healthful ioyful peaceful and long souereigne raigne without all superior ouerruling commander especially french namely Monsieur the king of kings hold on to his glory and hyr assurance of true glory in that other kingdom of heauen Amen Amen Amen A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England Made by Morgan Philippes Bachelar of Diuinitie assisted vvith the aduise of Antonie Broune Knight one of the Iustices of the Common Place An. 1567. LEODII Apud Gualterum Morberium 1571. A TREATISE TOVCHING THE RIGHT TITLE AND INTEREST OF the mightie and noble Princesse Marie Queene of Scotland to the succession of the Croune of England The Second Booke THE great prouidence good Reader of the eternal God who of nothing created all thinges did not only create the same by his ineffable power but by the same power gaue a special gifte and grace also to euery liuing thing to continue to renewe and to preserue eche his owne kinde But in this consideration the condition of man among and aboue al earthly thinges hath his pearelesse prerogatiue of wit and reason wherewith he only is of God gratiously endewed and adorned by the which he doth prouide not only for his presente necessitie and sauegard as do also naturally after their sorte al beastes and al other liuing thinges voide of reason but also by the pregnancie of wit and reasonable discourse doth long afore forsee the dangerous perils that many yeres after may happen either to himself or to his Countrey and then by diligence and careful prouision doth inuent apte and mete remedies for the eschewing of suche mischieffes as might outragiously afterwarde occurre And the greater the feare is of greater mischief the greater the deper and the speedier care is wont to be taken to preuent and cut of the the same It is also most certaine by the confession of al the world that this care is principally dew by eche man that hath opportunitie to do good therin to his Prince his Countrey and to the common Weale and good quiet of the Countrey for the continuance and happie preseruation of the same To the preseruation whereof as there are many partes and branches belonging so one principal part is for Subiectes louingly and reuerently to honour dreade and obediently to serue their Souereigne that chaunceth presently to rule and gouerne The next to foreknow to whome they should beare their allegeance after the deceasse of their foresaid Prince and Gouernour Which being once certaine and assuredly knowen as it procureth when the time requireth readie and seruiceable obedience with the great comfort and vniuersal reast and quietnes of the Subiectes so where for the said Successour there is among them discord and diuersitie of iudgementes the matter groweth to faction and from faction to plaine hostilitie and from hostilitie to the daunger of many mens liues and many times to the vtter subuersion of the whole state For the better auoiding of suche and the like inconueniences albeit at the beginninge Princes reigned not by descente of blood and succession but by choyce and election of the worthieste the worlde was for the moste parte constrained to repudiate election and so often times for the better and the worthier to take a certain issue and ofspringe of some one onely persone though otherwise perchaunce not so mete Which defecte is so supplied partely by the great benefit of the vniuersal rest and quietnes that the people enioy thereby and partly by the graue and sage Counsaylours to Princes that the whole worlde in a manner these many thousand yeares hath embraced succession by blood rather then election And politike Princes whiche haue had no children of their owne to succede them haue had euer a special care and foresight thereof for auoiding of ciuil discention So that the people might alwaies knowe the true and certaine Heire apparent chiefly where there appeared any likelyhod of varietie of opinions or faction to ensewe about the true and lawful succession in gouernement This care and foresight doth manifestly appeare to haue bene not onely in many Princes of foraine Countreies but also of this Realme as wel before the tyme of the Conqueste as also after namely in Kinge Edwarde the Confessour in declaring and appointing Eadgare Atheling his nephewes sonne his heire as also in King Richard the first who before he interprised his Iourney to Hierusalem where for his chiualrie he atchiued high honour declared by consent of his Nobilitie and CoÌ„mous Arthur sonne of his brother Duke of Britaine his next heire in succession of the Crowne Of the whiche Arthur as also of the said Eadgare Atheling we wil speake more hereafter This care also had King Richard the second what time by authoritie of Parlament he declared the Lorde Edmond Mortymer that maried Philippe dawghter and heire to his Vncle Leonel Duke of Clarence heire apparente And to descende to later times our late Noble Souereigne King Henry the eyght shewed as it is knowen his prudente and zealous care in this behalf before his last noble voiage into Fraunce And now if God should as we be al as wel Princes as others subiect to mortall chaunces once

bereaue vs of the present Gouernour the hartes and iudgementes of men being no better nor more firmely setled and fixed towards the expectation of a certaine succession then they seme now to be then wo and alas it yrketh my verie harte euen onse to thincke vpon the imminente and almost the ineuitable daunger of this our noble Realme beinge like to be ouerwhelmed with the raging and roring waues of mutual discorde and to be consumed with the terrible fier of ciuil disceÌ„tion The feare whereof is the more by reason already in these later yeares some flames thereof haue sparkled and flusshed abrode and some parte of the rage of the sayd fluddes haue already beaten vpoÌ„ the bankes I meane the hot contention that hath bene therein in so many places and among so many persons of bookes also that haue bene spread abrode and daily are spread being framed affectionately and sounding according to the sinister opinion of euery mans priuate appetite Seing therefore that there is iust cause of feare and of great danger likely to happen by this varietie of mens iudgementes so diuersely affected as wel of meane men as of greate personages I take it the parte of euery true Englishman to labour ad trauaile eche man for his possibilitie and for suche talente as God hath geuen him to helpe in conuenient tyme for the preuenting of the imminent daunger We knowe what wit what policie what paines what charges menne imploie to prouide that the Temmes or sea doo not ouerflowe such places as be moste subiecte to daunger We knowe what politike prouision is made in many good Cities and townes both to foresee that by negligence there ryse no dangerouse fiers and yf they chaunce with al diligence to represse the rage thereof Wherein among other his prudente dooinges Augustus the Emperour is commended for appointing at Rome seuen companies ordinarily to watche the Citie for the purpose aforesaide Wherevnto he was enduced by reason the Citie was in one daye in seuen seuerall places sette on fier And shal not we euery man for his his parte and vocation haue a vigilant care and respecte to the extinguishement of this fier already sprong out that may if the matter be not wisely foreseen destroie subuert and consume not one Citie onely but importe an vniuersall calamitie and destruction Which to represse one ready and good way seemeth vnto me if men may knowe and be throughly persuaded in what person the right of the succession of the Croune of this our Realme doth stande and remaine For now many men through ignorance of the said Right and Title and also the same being depraued by certaine sinister persuasions in some bookes wherevnto they haue to lightly geuen creditte be caried away from the right opinion and good hart that they otherwise would and should haue The whiche kind of men I doo hartely wishe from their said corrupte iudgemente to be reuoked and shal in this Treatise doo my beste indeuour to remoue not presuming vpon my self that I am any thing better able then others this to do for I knowe my owne infirmitie but being glad and willing to impart vnto others such motiues as vpon the reading of such bookes which of late haue ben set forth by the Aduersaries and after the diligent weying of diuers argumentes to the contrarie seeme vnto me sufficient to satisfie any honest and indifferent man that is not obstinately bent to his owne wilfull affections or to some other sinister meaning and dealing We say then and affirme that the right Heire and Successour apparent vnto the Croune of this Realme of England is at this time such a one as for the excellent giftes of God and nature in her most princely appearing is worthie to inherit either this noble Realm or any other be it of much more dignitie and worthines But nowe I claime nothing for the worthines of the person whiche God forbid should be any thing preiudiciall to the iuste title of others Yf most open and manifeste right iustice and title do not concurre with the worthines of the person then let the praise and worthines remaine where it is and the right where God and the lawe hath placed it But seing God Nature and the law doth call the person to this expectation whose interest and claime I do now prosequute I meane the right excelleÌ„t Ladie Ladie Marie Queene of Scotlande I hope that when her right and iuste title shal be throughly heard and coÌ„sidered by the indifferent Reader if he be persuaded already for her right he shal be more firmely setled in his true and good opinion and that the other parties being of a contrarie minde shall finde good causes and groundes to remoue them from the fame and to geue ouer and yelde to the truthe Her Graces Title then as it is moste open and euidente so it is moste conformable to the lawe of God of Nature and of this Realme And coÌ„sequently in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Roial blood She is a Kinges and a Queenes daughter her selfe a Queene daughter to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to our late Soueraigne Kyng Henrie the Eight Whose daughter also the Ladie Lenoux is but by a later husbande the Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Elenour late wife to the Earle of Cumberlande and their Progenie proceedeth from the Ladie Marie Dowager of France yongest Sister of the said King Henrie late wife to Charles Brandon Duke of Suffolke I might here fetche foorth olde farne dayes I might reache backe to the noble and worthie Kinges long before the Conquest of whose Roial blood she is descended Whiche is no parte of our purpose neither doth enforce her Title more then to prooue her no stranger within this Realme But the Argumentes and prouffes which we meane to alleage and bring forth for the confirmation of her right and Title in Succession as Heire apparent to the Croune of England are gathered and grouÌ„ded vpon the lawes of God and nature and not only receaued in the Ciuill policies of other nations but also in the olde lawes and Customes of our owne Countrey by reason approued and by vsage and long continuance of time obserued from the first constitution of this Realme in politicall order vnto this present day And yet for al that hath it bene and yet is by some men attempted artificially to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the said iust title the which they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And albe it it were inough for vs our cause being so firmely and suerly establisshed vppon al

betwene his sonne Edward and the said Lady and Quene Surely he was to wise of him selfe and was furnished with to wise CouÌ„sailours to take such an homely way to procure and purchase the said mariage by And least of all can we say he attempted that dishonorable disherision for any special inclination or fauour he bare to the French Queene his sisters children For there haue bene of his neere and priuie Counfaile that haue reported that the King neuer had any great liking of the mariage of his sister with the Duke of Suffolke who maried her first priuily in France and afterward openly in England And as it is said had his pardon for the said priuy mariage in writing Howe so euer this matter goeth certeine it is that if this pretensed Wil be true he transferreed and traÌ„sposed the reuersion of the Croune not only from the Queene of ScotlaÌ„d from my Ladie Leneux and their issue but euen from my Ladie Francis and my Ladie Elenour also daughters to the Frenche Queene whiche is a ching in a manner incredible and therefore nothing likely I must now gentle Reader put thee in remeÌ„brance of two other most pregnaÌ„t and notable coniectures and presumptions For among al other incoÌ„ueniences and absurdities that do and may accoÌ„panie this rash and vnaduised acte by this preteÌ„sed Wil inconsiderately mainteined it is principally to be noted that this Acte geueth appareÌ„t and iust occasion of perpetual disherison of the Style and Title of FraÌ„ce incorporated and vnited to the Croune of this Realme For whereby do or haue the Frenchmen hitherto excluded the Kings of this Realme claiming the Croune of France by the Title of Edward the third falling vpon him by the right of his mother other then by a politike and ciuil law of their owne that barreth the female from the right of the Croune And what doth this preteÌ„sed Act of king Henrie but iustifie and strengthen their quarel and ouerthoweth the foundatioÌ„ and bulworke wherby we mainteme our foresaid Title and claime If we may by our municipal law exclude the said Queene of Scotland being called to the Croune by the Title of general heritage then is their municipal law likewise good and effectual and coÌ„sequently we ã€ˆâ—Šã€‰ and haue made al this while an vniust and wrongful claime to the Croune of France But now to go somewhat farther in the matter or rather to come neerer home and to the quicke of the matter we say as there was some apparent and good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation and appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and Wil which may easely be altered and counterfeyted And least of al make such assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison For the Kinges exaÌ„ple and boldnes in interrupting and cutting away so many branches of the neerest side and line might sone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the King him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis. And did not I pray you this drift and deuise fal out euen so tending to the vtter exclusioÌ„ of the late Queene Marie and her Sister Elizabeth if God had not of his mercy most gratiously and wonderfully repressed and ouerthroweÌ„ the same These reasons then and presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of th' Aduersaries grounded vpon vncertaine and mere surmises ghesses and coniectures as among other that the King was offended with the Quene of Scotland and with the Ladie Leneux Which is not true And as for the Ladie Leneux it hath no manner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the King would haue especially at that time for such cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realm or was it thinke ye euer thought by the Parlament that the King should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offended with the FreÌ„ch Quenes childreÌ„ why did he disherite the Ladie FraÌ„cis and the Ladie Elenor also Their other presumption whiche they ground vpoÌ„ the auoyding of the vncertenty of the succession by reason of his Wil is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure that contrarywise it is subiecte to more vncerteintie and to lesse suertie then before For whereas before the right and claime to the Croune hong vppon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vppon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoided so now depending vpon the statute onely it is as easie by an other statute to be intringed and ouerthrowen And depending vppon a Testament is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the Witnesses vnexamined and for many other like considerations The Monumentes of al antiquitie the memorie of al ages and of our owne age and dayly experience can tel and shewe vs many lamentable examples of many a good and lawful Testament by vndue and craftie meanes by false and suborned witnesses by the couetous bearing and main tenance of such as be in authoritie quite vndone and ouerthrowne Wherefore Valerius Maxtmus crieth out against M. Crassus and Q. Hortensiu Lumina â—uriae ornamenta Fori quod scelus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presumption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the King would not hasard

likewise the statute made in Anno 32. H. 8. geueth auctoritie to dispose landes and Testamentes by last Wil and Testament in writing If a man do demise his lande by his last Wil and Testament nuncupatiue without writing this demise is insufcient in law and not warranted by the said statute We leaue of a number of like cases that we might multiplie in the prouffe of this matter wherein we haue taried the longer by cause th' Aduersaries make so great a couÌ„tenance therevpon and bycause al vnder one it may serue for the answere also touching the Kinges royal assente to be geuen to Parlamentes by his Letters Patentes signed with his hande which is nothing else but a declaration and affirmaÌ„ce of the common lawe and no newe authoritie geuen to him to do that he could not doo before or any forme prescribed to bind him vnto Bysides that in this case there is no feare in the worlde of forging and counterfeyting the Kinges hande whereas in the Testamentarie cause it is farre otherwise as the worlde knoweth and dayly experience teacheth And so withal do we conclude that by reason this surmised Wil was not signed with the Kinges hand it can not any way hurt or hinder the iuste right and claime of the Quene of Scotland to the succession of the Croune of England Now supposing that neither the L. Paget nor Sir Edward Montague and WilliaÌ„ Clarke had testified or published any thing to the infringing annd ouerthrowing of the Aduersaries assertioÌ„ touching the signing of the said Wil yet is not therby the Queene of Scotlandes title altogether hindred For she yet hath her iust and lawfull defence for the oppugning of the said assertion as well against the persons and saying of the witnesses if any shal come foorth as otherwise shee may iustly require the said Wil to be brought forth to light and especially the signing of the same with the Kings hand to be duely and consideratly pondered we yed and conferred She hath her iust defence and exceptions and must haue And it were against al lawes and the lawe of nature it selfe to spoile her of the same And all good reason geueth that the said original Wil standing vppon the triall of the Kinges hande be exhibited that it may be compared with his other certaine and wel knowen hand writing And that other things may be done requisite in this behalfe But yet all this notwithstanding let vs nowe imagine and suppose that the King him selfe whose harte and hande were doubtelesse farre from any suche doinges lette vs yet I say admitte that he had signed the said Will with his owne hande Yet for al that the Aduersaries perchance shal not finde no not in this case that the Queenes iuste Title right and interest doth any thing fayle or quayle Or rather lette vs without any perchance say the iustice and equitie of her cause and the inuincible force of trueth to be such that neither the Stampe nor the Kinges owne hande can beare and beate it downe Which thing we we speake not without good probable and weightie reasons Neither do we at this time minde to debate and discourse what power and autoritie and how farre the Parlament hath it in this and like cases Which perchance some other would here do We wil only intermedle with other thinges that reache not so farre nor so high and seeme in this our present question worthy and necessarie to be considered And first before we enter into other matters we aske this reasonable and necessarie questioÌ„ whether these general words wherby this large and ample autoritie is coÌ„ueied to king Henry must be as generally and as amply taken or be restrained by some maÌ„ner of limitation and restrictioÌ„ agreable to such mind and purpose of the Parlament as must of very necessitie or great likelihod be construed to be the very mind and purpose of the said ParlameÌ„t Ye wil say perchance that the power and autoritie of assignatioÌ„ must be taken generally and absolutely without exception sauing for the outward signing of the Will. Trueth it is there is nothing els expressed but yet was there some thing els principally intended and yet for al that needed not to be specified The outward maner was so specially and precisely appointed and specified to auoyde suspitious dealing to auoide corruption and forgery And yet was the Wil good and effectual without the Kinges hande Yea and the assignatioÌ„ to had ben good had not that restrainte of the Kinges hande bene added by the Parlament But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the wordes were they neuer so large and ample there is though nothing were spoken thereof an ordinary helpe and remedie Otherwise if the Realme had ben set ouer to a furious or a madde man or to an idiote or to some foraine and Mahometical Prince and to such a one our stories testifie that King Iohn would haue submitted him selfe and his Realme or to any other notorious incapable or vnhable person the generalitie of the wordes seeme to beare it but the good minde and purpose of the Parlament and mans reason doe in no wise beare it If ye graunt that these wordes must nedes haue some good and honest constructioÌ„ and interpretation as reason doth force you to graunt it yet wil I aske farther whether as the King cutte of in this pretensed Wil the whole noble race of the eldest sister and the first issue of the yongest sister so if he had cutte of also al the ofspringes as wel of the said yongest sister as of the remnante of the royal blood and placed some being not of the said blood and perchance otherwise vnable this assignatioÌ„ had bene good and vailable in law as conformable to reason and to the mind and purpose of the Parlament It were surely to great an absurdity to grauÌ„t it There must be therefore in this matter some reasonable moderation and interpretatioÌ„ as wel touching the persons coÌ„preheÌ„ded within this assignation and their qualities and for the persons also hauing right and yet excluded as for the manner of the doing of the Acte and signing the Wil. For the king as King could not dispose the Croune by his Wil and was in this behalfe but an Arbiter and Commissioner Wherefore his doinges must be directed and ruled by the lawe and according to the good minde and meaning of those that gaue the authoritie And what their minde was it wil appeare well inough euen in the statute it selfe It was for the auoiding of all ambiguities doubtes and diuisions touching the Succession They putte theyr whole truste vppon the King as one whom they thought most earnestly to minde the wealth of the Realme as one that woulde and could best and most prudently consider and weigh the matter of the Succession and prouide for the same accordingly If the doinges of the King do not plainely and

then shal we with our children after vs reape the pleasant fruites of this noble coÌ„iunctioÌ„ wrought thus to our haÌ„des by Gods good and gratious prouidence without expense force or slaughter which hitherto a numbre of our courageous wise and mightie Princes haue this thousand yeares and vpward sought for but in vaine as yet with so excessiue charges with so great paines and with so many and maine Armies and with the blood of so many of their subiectes Then shal we most fortunately see and most gloriously inioye a perfect and entier Monarchy of this I le of Britanie or Albion vnited and incorporated after a most merueilous sort and in the worthie and excelleÌ„t person of a Prince mete and capable of such a monarchie As in whose person by side her worthy noble and princely qualities not only the roial and vnspotted blood of the auncient and noble Kings of ScotlaÌ„d but of the Normans and of th' English Kings withal as wel long before as sitheÌ„ce the CoÌ„quest yea and of the Britaine 's also the most auncient inhabitants and Lords of this Iland do woÌ„derfully and as it were euen for such a notable purpose by the great prouidence of God most happily concurre The euident trueth whereof the said Queenes petigrue doth most plainly and openly set foorth to euery mans sight and eye Then I say may this noble Realme and Iland be called not Albion only but rather Olbion that is fortunate happy and blessed Which happy and blessed coniunction when it chauÌ„ceth if we vnthankfully refuse we refuse our health and welfare and Gods good blessing vpon vs we refuse our dewty to God who sendeth our dewty to the partie whom he sendeth and our dewty to our natiue CouÌ„trey to whom he sendeth such a person to be our Maistresse And such commodities and honour withal comming therby as I haue said to whole AlbioÌ„ as a greater we cannot wishe And finally we shal procure and purchase as much as in vs lieth such disturbance of the common-wealth such vexatioÌ„s troubles and warres as may tende to the vtter subuersion of this Realme from which dangers God of his great and vnspeakable mercie defend and pre serue vs. FINIS Hos tres libros Ã viris Catholicis ijsque eruditissimis lectos examinatos intellecto ab ijsdem librorum argumento vnÃ cum editionis necessarijs causis iudicaui meritÃ² edendos esse Actum Louanij 6. Martij 1571. Thomas Gozaeus Ã Bellomonte sacrae Theologiae Professor authoritate Pontificis librorum approbator Errata Libri secundi Fol. Pa. Lin. Errata Correction 4 2 16 Ad And 10 1 18 vvorlde vvorde 11 2 14 good goodes 28 2 17 Bblach Blanch. 32 1 3 in Chauncerie In the Chauncerie 53 2 16 landes and testamentes laÌ„des and tenemeÌ„tes 58 2 24 laufully neece laufull neece 64 2 5 unto heires unto the heires 66 2 27 be produced be procured 67 1 17 put out vvrongfully Errata Libri tertij 9 1 2 Salomon Salmon 9 1 5 fasly safely 15 2 22 father Constantinus father Constantius MeÌ„ should be rather prone to absolue then to coÌ„demne It is nothing like that the Queene vvould haue sought the destruction of the Lord Darley by these meanes vvhen she might haue opeÌ„ly put him to death by Iustice The Q. contrary to minde of her Nobles came into England The Q. enemies lay to her discord vvith the Lorde Darley vvhereof they vvere the authours The Q. vvas fully reconciled to the L. Darley before his death The adueriaties charge the Q vvith their ovvne vvicked deuises The Q. moued by them to make a diuorse vvith the L. Darley The accusation touching letters lent by her to the Earle Bothevvel The vnlikely tale of the Earle Both vvelles letters surmised to be sent to Master Balfoure In case the suâ—mised letters vvere sent by the Q they can make no good prouf against her L. sin e dâ— Probat What exquisite proufes be re quired in criminal causes The surmi sed letters neither haue superscriptioÌ„ of the vvriter nor subscription neitherany date neither signed nor sealed and the beater neuer knovveÌ„ He that vvas the surmised bearer at his death denied the same An easy thing to couÌ„terfeit a mans hande These letters vvere fained and contriued by the Queenes Aduersaries An ansvver to the Aduersaries obiectioÌ„s that the Queene did not mourne the death of the L. Darley L. Liberor ff de his qui notantur inf The consideration mouing â–ª or rather forcing the Quene to this pretensed mâ— riage The Aduersaries declaratioÌ„ before the Commissioners of England The causes that the Rebelles pretended at the beginning Ansvvere to the first The Lord Grange promised vpoÌ„ his knees obedience in al the Rebelles names The Q. imprisoned at LochleueÌ„ The Q. thretned to be â—id avvay if she vvould not renouÌ„ce her Croune The ansvvere to the secoÌ„d The Quenes ene mies dimissed the Earle Both vvel vvheÌ„ thei might haue takeÌ„ him The Quenes enemies bouÌ„d by their haud vvriting to obey the Eâ—le Bothvvel if he matied the Q. An ansvvere to the third The PriÌ„ce if he vvere at age vvold not like the enâ—mies doinges against his mother He vvas vnlavvfully crouned Why the confirmation of the Rebelles doinges made by an acte of Parlament is nothing vvorth The incoÌ„stancy of the Queenes enemies first preteÌ„ding before the Counsaile of EnglaÌ„d her voluntary dimission of the Croune and after vvard that she vvas deposed A strange doctrine of Maister knoxe against vvo mans Gouernment The Quenes enemies fondly triumph of their victory against her true subiectes In case the Queene vvere culpable yet are her enemies procedigs vnlavvful It is not inough to do a good thing vnlesse it be vvel done The lavv geueth exceptions to the Defendant against the Iudges the Accusers and vvitnesses C. Qui accusat non po L. Iniquum l. fin L. qui accusat ff de accusa A good argument that the Queene by coÌ„pulsion dimissed the Croune The Duke Robert of Scotland ExceptioÌ„s most iust against the Queenes accusers ã€ˆâ€¦ã€‰ ly against the Earle of Murray The great benefits emploied by the Q. vpon the said Earle He vvent about to entaile the Croune of the Realm to him self and the Stevvardes His tebellâ—â— against the Qâ—ene His coÌ„spiracy vvith them that slevve the Secretatie Dauid A charged pistilet set to the Queenes belly The Q. by her industrie coÌ„ueied her selfe avvay vvith the L. Darley The cause vvhy the Earle Murray hated the Lorde Darley The cause vvhy the Enemies did impute the slaughter to the Q. The vvorking of Murray in the time of his absence Murray and MortoÌ„ the heades of the coÌ„spiracy against the L. Darley 2. Machab. 3. 4. Hect Boet. Lib. 11. The Earle of Murray resembled to Dunvvaldus that procured the slaughter of King Duffus in Scotland Idem li. 16. The like paâ—te plaid by Duke Robert in Scotland The Earle Murray aÌ„d his felovves being driuen froÌ„ al other shiftes at leÌ„gth laied to their Quene

the death of the Lorde Darley before the Counsaile of EnglaÌ„d The causes vvhy the Earle Murray vvent about asvvel to make avvay the L. Darley as to depose the Queene The Earle Murray de clared the day before that the L Darley should be slaine Diuers assembles of the Earle Murray aÌ„d his adherents to consult vpon the slaughter of the L. Darley Indentures made and subscribed for the execution of the said purpose Diuers excuted in Scotland for the said murther vvhereof none could charge the Queene The Q. in a maÌ„ner miraculously deliuered out of Lochleuen prison The Commissioners appointed in EnglaÌ„d to heare the Quene of ScotlaÌ„d her maters vvel liked of her faid innocency and of her title to the succession of the Cioune An exhortation to the Earles Murray aÌ„d Murton aÌ„d others to reconcile theÌ„selues to the Q. The Q. of ScotlaÌ„d ful of mercy The ende of Rebels euer vnhappy Other Princes vvil not suffer the Quene of Scotland to be iniuried by her subiectes Man only hath the pierogatiue of vvit and reason among al earthlye creatures Men are most bouÌ„d to the preseruation of their CouÌ„trey A great coÌ„moditie to the coÌ„moÌ„ vvealth to knovv the heire appa rente Why all the vvorld almost doth enbrace succession of Princes rather then election Flores histor anno 1057. Richardus Canonicus sanctae Trinit Lond. Flor. histo anno 1190. Polid li. 14 Polid li. 20 The Quene of Scottes is right heire apparent to the Croune of Englande Inst de iust iure Â§. fin The common lavve of this Realme is rather grounded vpon a general custom then any lavve vvritten In Prologo suo eiusdem li. fo 1. et 2. De dict Ra nulpho GlaÌ„uilla uide Giraldum Cambren in topogra de Wallia Fortescue de lau Leg. Angl. c. 17. â— E. 4.19.33 H. 6.51 Pinsons printe Inst de iure natura geÌ„t ciuil Â§. ex non script 25. E. 3. The adueâ— sacies case pettineth to subiects only No Maxime of the lavve bindeth the Croune vnles the Croune specially be named Of the Tenante by the curtesy Nor that the landes shal be diuided among the daughters Not the vvife shall haue the third part 5. E. 3. Tit. praerog 21. E. 3.9 28. H. 6. Nor the rule oâ— Possessio fratris c. Nor that the executour shall haue the goods and Chattles of the resâ—atour 7. H. 4. sol 42. Nor that a traitour i vnable to take landes by discente and vvithout pardoÌ„ An ansvvere to the Aduersary making a difference be tvvene Attainder aÌ„d the birth out of the allegeaÌ„ce 22. H. 6. fol. 43. The suppo sed Maxime of the Aduersaries touching not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. The Aduersaries obiection touching King H. 2. auoided As touching Arthur King Richardes nephevve Vt autem pax ista summa dilectio taÌ„ multiplici quaÌ„ arctiori uin culo connectatur praedictis curiae uestrae Magnatibus id ex parte uâ— stra tractaÌ„tibus Domino disponente coÌ„diximus inter Arthurum egregiuÌ„ Dâ— cem BritaÌ„niae nepoteÌ„ nostrum haeredem si forte sine prole obirâ— nos contigâ— rit filiaÌ„ uestraÌ„ matrimonium contrahendum c. In tractatu paciâ— inter Richa 1. TancreduÌ„ Regem Si ciliae Vide Reg. Houeden RicharduÌ„ Canonicum S. Trinitatis Londin A false Maxime set forth by the Aduersarie 7. E. 4. fo 28.9 E. 4. fo 5.11 H. 4 fo 25.14 H. 4. fo 10. the statute of Edvv. 3. An. 25. to â— cheth inâ—e ritaÌ„ce not purchase â— H. 4. fo 25. Scotland is vvithin the allegeance of EnglaÌ„d The Lorde loseth not his seignorie though the tenaÌ„te doth not his seruice The causes vvhy the Croune caÌ„ not be coÌ„prised vvithin the pretended Maxime Without the croune there can neither be King nor allegeance 40. E. 3. fol. 10. 13. E. 3. Tit. Bref 264.16 E. 3. iurans desait 166.17 E. 3. tit scire fac 7. A Deane a Person a Priour being an Alien may demande lande in the right of his corporation An 3. R. 2.6 C. 3. fo 21. tit droit 26. lib. Ass p. 54.12 li. Ass tit enfant 13. H â— fol. 14.7 E. 4. fol. 10.16 E. 3. iurans defait 9. H. 6. fol. 33.35 H. 6. so 35.5 E. 4 fol. 70.49 li. Ass A. 8â— 22. H. 6. fo 31.13 H. â— so 14. The King is alvvaies at ful age in respecte of his Croune The Kings children are expresly excepted from the surmised Maxime â— LiberoruÌ„ ff de uerbo ruÌ„ signific L. Sed si de in ius uo caÌ„do instit de haere ab intest L. Lucius ff de baered instit L. Iusta L. Nâ—toruÌ„ L. Liberorum de uerb signif L. 2. Â§ sâ— mater ad S. C. Tertul L. Filius de S. C. Maced L. Senatus de ritu nugâ— L quod sâ— nepotes ff test cuÌ„ notatis ibid. Infantes in Frenche couÌ„teruaileth this vvorde liberi in lat The grand fathers cal their nephues sonnes L. Gallâ—â— Â§ InstitueÌ„s ff de liber Eâ— post l. ff C. de impub. Alâ—is substan c 1. q. 4 Father and son coÌ„pted in person aÌ„d flesh in maner one Great absurditie in excluding the true aÌ„d right successour for the place of his birth only An euasion auoided preteÌ„ding the priuilege of the KiÌ„gs children not to be in respect of the Croune but of other laÌ„des The royall blood beareth his honour vvith it vvhereso euer it be Vide Anto. Corsetum de potest et excell regi q. 106. CoÌ„querors glad to ioinevvith the ioyall blood Henry the first L. â— ff de legious Commonvse and pâ—â—ctise the best interpretation of the lavv Eodâ— anno Rex cuÌ„ in diebus suis processisset AeldredaÌ„ Vigornen sem Episco pum ad Regem Hunga riae trans mittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota fa milia sua ut uel ipse uel filij eius sibi succedereÌ„t in regnum Flor. histor 1057. Flor histo â—066 Aelredus Regioual lens de reg Anglorum ad Regem Henr. 2. King Stephen and King H. â— The aduer saries fond imagination that King H. 2. should come to the croune by composition not by proximitie of blood Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum recognouit in conuentu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux HeÌ„r ius hae reditariuÌ„ in regnuÌ„ Angliae habebat Et Dux benigne concessit ut Rex Stepha nus tota uita sua suuÌ„ regnuÌ„ pacifice possideret Ita tamen confirmatum est pactuÌ„ quod ipse Rex ipsttuÌ„e praesentes cum caeteris regni optimatibus iurareÌ„t quod Dux Henr. post morteÌ„ Regu si illum superuiueret regnum sine aliqua contradictione obtincret Flor. histo An 1153. The like fond imagination touching King Richardes nephevv Diuersitie of opinioÌ„s touching the vncle aÌ„d nephue vvhether of them ought to be preferred in the royall gouernement

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