withe the lettres patentes of kinge Edwarde the sixte and with the consent of suche as they had pâ—ocurid Whiche kinge by lawe had no auctoritie as yt ys notoriouse to make any limitation and assignatioÌ„ of the crowne otherwise then the coÌ„mon lawe dothe dispose yt Yt was neade for them I saye as they procured suche lrÌ„es patentes so to haue sett forthe also the saide pretensed will yf there had bene then any suche will in deede sufficientlie and dewlie to be ê“ued as ys nowe surmised there was The recorde of the saide surmised will was in the chauncerie whiche they might haue vsed with the pretensed witnesses and with the originall pretensed will and with all other thinges therto belonginge to theire beste aduantage Yt can not be thowght that either they were ignoraÌ„te of yt or that they wolde forbeare and forgoe so greate a commoditie offered and suche a plausible pretexte of theire pretensed vsurpatioÌ„ bearinge the countenance auctoritie of the kinges will and of the whole parliamentâ— for the exclusion of the Quene of Scottes and others of the nearer royall bloud â–ª Neyther can yt be saide that the lettres pateÌ„tes were made as yt were for a stronger corroboration and confirmatioÌ„ onlie of the saide pÌ„tensed will For that there is not so muche as one worde in theire whole pretensed ê“clamation for the supposed right of the saide Ladie lane by the force of that surmised will See the ê“clamation made the fiueteÌ„th of Iulie the first yere of her pÌ„teÌ„sed reygne Whereby yt might any thinge appeare that kinge HeÌ„rie the eight made any manner of limitation or assignation of the crowne to the heires of the saide Ladie FraÌ„ces Wherevpon yt maye well be gathered that either they knewe of no suche limitation to the children of the Ladie Frances by the saide supposed will or toke yt to be suche as coulde geue no good and lawfull force and strengthe to aide and mainteine theire vsurpatioÌ„ for the manifeste forgerie of the same And therefore they purposelie for ignoraÌ„ce can not be preteÌ„ded in them kepte backe aÌ„d suppressed in the saide IrÌ„es patentes this pretensed limitation surmised to be made for the children of the saide Ladye Fraunces which neuerthelesse the aduersaries do nowe vvithe so greate and vehemente asseueration blowe into all mens eares Wiche ys vtterlie reiected and overthroweÌ„ and yt were by nothinge elles but by this proclamatioÌ„ for the pretensed title of the saide Ladie Iane. So that we neade to travaile no farther for any more prouf againste the saide asseueratioÌ„ But yet in case any man do loke for any other and more persuasion and prouff which as I saide neade not Ô the greate providence of God ô his greate favour and goodnes to this realme of the Whiche yt hathe bene saied Regnum Anglie est regnum Dei Polyd. l. 8. And that God hathe ever had a speciall care of yt ô his greate goodnes I saie to this realme even in this case also for he hathe opened and browght to light the verie trewthe of the Matter Whiche ys burste owte thowghe never so craftelie suppresed and kepte vnder We saye then that the kinge never signed the preteÌ„sed will with hys owne haÌ„de neither do we saye yt by bare heare saie or gather yt by our former coniectures and presumptioÌ„s onlie thowge verie effectuall and probable but by good and hable witnesses that avouche and iustifie of theire owne certaine knowledge that the Stampe onlie was put to the saide will and that even when the kinge him self was nowe deade ordiniÌ„ge and paste all remembraunce the Lorde Pagett beinge one of the privie consaile with Quene Marie of his owne free will aÌ„d godlie motioÌ„ for the honour of the realme for reverence of trewthe iustice thowghe in the facte hym self culpable aÌ„d in a manner thereto by greate aucthorite forced The forgerie of this supposed will disclosed before the ê‘lemeÌ„t by the. L. Pagett did firste of all meÌ„ disclose the matter Firste to the sayde counsaile aÌ„d then before the whole parliameÌ„te Syre Edwarde Montegewe also the cheif Iustice that was privie and presente at the saide doinges did confesse the same as well before the counsaile as before the parliameÌ„te Yea william Clarke ascribed amonge other pretensed witnesses coÌ„fessed the pÌ„misses to be trewe And that him self putt the stampe to the saide vvill and afterwarde purchased his charter of pardon for the saide facte Vpon the vvhich depositions vvell and aduisedlie vveyed and pondered Quene Marie vvith the aduice of her counsaile to the honour of God and this realme to the maintenaÌ„ce of trewthe and iustice and the righfull succession of the crowne for the eschewenge of manye fowle mischeyffes that might vpon this forgerie ensewe cawsed the recorde of the saide forged will remayninge in the chauncerie to be cancelled defaced and abolished A vvorthie deede for a PriÌ„ce to cancell false reâ—ordes â–ª as not worthie to remaine amonge the trewe and sincere recordes of this noble realme Whiche her noble facte deseruethe imortalitie of eternall prayse aÌ„d fame No lesse theÌ„ the facte of the Romaines that abolisshed the name and memorie of the Tarquinians for the fowle acte of Sextus Tarquinius in defilinge Lucrecia No lesse then the facte of the Ephesians Cice. 3. off who made a law that the name of the wicked Erostratus shoulde neuer be recorded in the bookes of anye theire historiographers No lesse then the facte of the famelie of the Manlians at Rome takinge a sosolempne othe that none amonge them shoulde euer be called capitolinus by cause M. Manlius Capitalinus had sowght to oppresse his contreye with tyrannie Suëton de viris illustr And to come nerer home no lesse then our forefathers deserued which quite rased owte of the yeares and times the memorie and name of the wicked Apostates Osricus and Eanfridê° â—ed lib. 3. histor eccâ—ie ca. 1. numbringe theire tyme vnder the reigne of the good kinge Oswaldus The aduersaries therefore are muche to be blamed goinge abowte to staine aÌ„d blotte the memorie of the saide Quene and magistrates as thowghe they had done this thinge disorderlie and as thowghe there had bene some speciall commoditie therein to them whiâ—h is apparentlie false for as the saide abolition vvas nothinge beneficiall to other magistrates So yf yt had bene à trewe and an vndowbted will the saide Quene wolde never haue caused yt to be cancelled aswell for her honour and conscience sake as for priuate respecte seinge her owne royall estate was by the same sett forthe and confirmed Yet wolde they fayne blemishe disgrace the testimonye of the saide lorde Pagett and Sir Edwarde Montigewe they sett agaynste them eleven wytnesses thynckinge to matche and overmatche them with the nombre But heare yt muste be remeÌ„bred that thowghe they be eleven yet they are to sleÌ„der and weake for the weyght and importance of the matter l. Test. ff de testib l. Ob carmen ibid.
and ridd ovvte of the vvaye hathe saide and sufficieÌ„tlie declared for the Quenes innocencie Naye Naye parhapps you vvill saye althovvghe our lettres althovvghe our deadd Witnesses and althovvghe our other matters faile vs yet vve hope that the litle fainte mourninge she made for his deathe the acquitall of the Erle and her preteÌ„sed mariage vvithe him vvill helpe your cause and geue testimonie against her And vvhy so I praie you Was not his bodie enbalmed inseared and enterred beside the Quenes father the late kynge Iames accompaned vvithe Iustice clerke the lorde of Traquare and vvithe diuers other gentlemen The ceremonies in deade vvere the fevver bicause that the greatteste parte of the counsaile vvere protestants One ansvvere to the aduersaries obiections that the Quene did not mourne the deathe of the lorde Darley and had before enterred theire ovvne parents vvithoute accustomed solemnities of ceremonies Neither ys there anie suche order or custome as ye pretende and make your reckeninge of for the reseruation of the corps fortie dayes nor anie suche obseruation vvas kepte and vsed abovvte the corps of the verie father of the Prince neither yet vvas there anie suche order taken or appoiÌ„ted by the counsaile for the enterringe of the saide lorde Darley his bodie in suche sorte as ye notefie but eueÌ„ directlie to the coÌ„trarie Yea ye are as litle able to ê“ue that there hathe bene anie suche customarie soleÌ„nitie obserued of so straight aÌ„d strange a mourninge as ye most seuerelie vvolde restraine and binde the Quene vnto as ye be able to proue the residevve of the premisses But in case ye coulde vvell iustifie some such vsuall order yet shall ye neuer be able to shevve that yt dothe extende aÌ„d apparteine to suche kinde of Quenes as she ys For they mourne theire husbands vvho were kings her grace mournethe after an other sorte she a prince her husbaÌ„de a priuate man and her subiecte They as vvomeÌ„ most commonlie do take theire honour aÌ„d cheif dignitie of they re husbands Her husbands encrease of aduaÌ„cemente came by hys matchinge with her l LiberoruÌ„ §. de his qui mutaÌ„tur inf And further womeÌ„ by the civill lavve are in diuers cases discharged excused for theire omittinge therof and forbearinge theire so doinge And yet did this good gentle ladie bemone even suche a notable time enioinge and vsinge none other then candle light as was knovven to all the nobilitie of Scotlande and also to one maister Henrye killigraue Who Was sente thither by the Quene of Englande to her comforte accordinge to the vse and manner of Princes Who had a longer time in this lamentinge vvise continevved had she not bene most ernestlie dehorted from her longer prolonginge therof by the vehemente exhortations persvvasions of her counsaile who vvere moued therto by her phisitians informations declaringe to them the greate and iminente dangers of her healthe lyfe yf she did not in all speed breake vp and leaue that kinde of close solitarie life and repaire to some good opeÌ„ and holsome aire vvhich she did beinge this aduised and ernestlie therto solicited by her saide counsaile All Whiche yet notvvith staÌ„dinge this her facte ys vvithe theis most severe and graue Censeurs taken for and reputed as the verye next sinne of all to the most greauouse sinne against the holie ghoste But ô good pitifull men who for the verie tender love and singuler affectioÌ„ which you dit euer beare to the lorde Darley the Whiche trevvlie Was so vehement that for your excediÌ„ge hott ferueÌ„te loue tovvards hym ye ever sovvght hys harts bloudd do nowe so pittifullie bevvaile hym But yf she had by reason of the closenes of the aire somewhat longer coÌ„tinewaÌ„ce in her mourninge place and in her dumpishe desolate and dolefull estate accelerated her ovvne deathe vvithall then had she by the Erle Murraies and his adherents ghostlie Iudgements mourned like a good honest wif and to theire best contentation Yt beinge the right vvaye and rediest meanes to haue conueied and browght the saide Erle to that place Wher unto he so longe and so gredelie aspired to and the vviche novve at the lengthe he hathe atchiued and attained vnto As for the residevve of theire saiengs yf there be anie faut in the Quene yt suerlie fallethe doble and treble vpon theis Achitophells And the good innocente ladie Who hathe bene so vvretchedlie and so vnvvorthelie by them abused and circumuented ys more to be pittied then to be blamed The Erle Bothvvel was acquited by his peeres accordinge to the comon and ordinarie trade and maniere in suche cases vsuallie obserued Theis vnnaturall and disloiall subiects theis most shamefull craftie colluders her aduersariers and accusers I meane the Erle Morton the lorde Simple the lorde Lindzaye vvithe theire adherents and affinitie especiall procured and vvithe all diligence labored his purgation and acquitall wiche was afterwarde confirmed by the three estates by acte of parliament Theis theis I saie wherof some are nowe the vehement and hott fault finders and moste earneste reprouers and blamers of the saide pretended mariage were then the principall inuentours practizers perswaders and compassers of the same They procured a greate parte of the nobilitie to solicite the Quene to cowple her selfe IÌ„ mariage withe the saide Erle as with a man most fitt apte and mete for her presente estate and case Firste alleadginge the daÌ„gerouse worlde The consideration mouinge or rather forciÌ„ge the Q. to thys pretensed mariage aÌ„d ofte inculcatinge into her minde and remembrance the presente louse time and dealings of men wiche the better to preuent and more suerlie to with stande by theire counsaile and ê‘â—â—vadings enduced her and by other theirâ— craftie doings as yt were enforced aÌ„d constrained her to take a husbande to be her comforter her assisteur her buckeler aÌ„d her shilde to defende her againste all her whatsoeuer aduersities and aduersaries Yf she woulde be contented so to do they promised him seruice and to the Quene loyall obedience Yea manie of them bownd them selues to the saide Erle by theire owne hande writinge to assiste mainteine and defende him against all men that wolde then after challeÌ„ge or pursewe him as gwiltie of the saide crime The wiche theire doings the Quene consideringe and fearinge dangers iÌ„mineÌ„t and withall callinge to minde the sondrie and diuers vprores and seditions alredie made against her the wretched and most cruell murther of her Secretorie in her owne presence the late strange and miserable murther of her husbande the distresse the discomforte and desolation wherein she was presentlie bewrapped the Erles actiuitie in martiall feates and the good aÌ„d faithfull seruice done by him to her mother and to her self fearinge some newâ— aÌ„d freshe sturre aÌ„d calamitie yf she shoulde refuse her nobilities requestes thowghe verie circumspecte and naturallie prudente in all her other doings yet neuer thelesse a woman aÌ„d especiallie neuer to that howre ons admonisshed either openlie or priuatelie after
the Erles acquitall that he was gwiltie of the saide facte nor suspectinge any thinge therof yeldeg to that to the wiche theis craftie colludinge seditiouse heads and the verie necessitie of the time as yt then to her seamed did in a manner enforce her Lett them nowe laye on lode lett them nowe rage and raue against this acquitall and mariage Lett them lie to theire owne shame vpoÌ„ theire owne deuises and doings thereby to defame theire Quene Lett them lie that the Erle of Huntley was restored to his fathers patrimonie to procure his sisters coÌ„sente to the deuorse betwene the Erle and her whiche restitution was made but not for that consideration but bicause the Quene thovvght in her coÌ„science his father vvrongfullie condemned Lett them crie owte vpon the Erle Bothvvell for that the sentence of diuorse vvas promulged partelie by force partelie withoute the iuste and vsuall order of the lavve and vvithoute sufficiente prouf Lett them crie ovvte vppon him for his violente takinge and deteininge the Quene Yet yf they cannot preciselie proue the Quenes coÌ„sente to anie of his vnlawfull acts as they shall neuer do then can they not gett or gather any iuste occasioÌ„ whiche ys the thinge they onlie seake for to suspecte the Quene of this greauous acte On the other side yt ys vvell knovven and easelie to be proued that this faction did chefelie procure as we haue sayde asvvell the acquitall as the supposed mariage aÌ„d therefore by likelihodd was priuie of all other consequente deuises and practises Wherefore they do nothinge but blovve ovvte and blase to the vvorlde Withe theire owne fovvle filthie mowthes theire owne shame And do fare like a man that dothe thruste a svvorde throvvghe bothe his ovvne sides to pricke a litle and raise but the ovvtevvarde skynne onelye of his enemy Ye maye novve vvell parceaue gentle reader that hitherto they haue produced litle matter of creditt against theire Quene and yet as yt appearethe verrie good matter against them selues and for theire ovvne discreditt Novve maye ye therefore easelie coniecture and by theis theire cheif and principall matters and grovvnds easelie perceaue vvhat accompte ys to be made of all the residevve of theire levvde slaunders and vvhat small force and strenghe all theire vvhole sayengs do beare They see yt they see yt vvelinovvghe them selues good reader vvherby they vvell perceaue and fullye vnderstande that they altogether are vnable to beare ovvte and mainteine by reason â—ustice or lavve theis theire ovvtragiouse and seditiouse procedings And therefore they sett vpon them the best colour and countenance they can Where in you shall novve heare what they did alleadge beinge in Englande for them selues The aduersaries declaration before the Quene of Englands commissioners They saye that no man can charge them or the residevve of theire nobilité that they haue gone as much as one onlie steppe froÌ„ the office and dewtie of good subiects iÌ„ takiÌ„ge armes against the owtragiouse enormities alredie coÌ„mitted aÌ„d to preueÌ„te the greate dangers imminente to the ê‘sons of theire Quene aÌ„d her deare sonne to theire nobilitie and to the vvhole state of theire vveale publike And that yt was no small harts grefe to them to heare vvhat vilainie all natioÌ„s thowght and openlie speake of them for sufferinge such a tragicall matter to escape vnpunisshed vvhiche thinge engendrethe of vs saie they amonge strangers aÌ„d all forren nations an yll and sinister opinion of some coÌ„men coÌ„sente therto made by our vvhol nobylitié Yea to see also the verie executor therof hym self by violeÌ„te force to teake deteine and kepe his theire Souereigne aÌ„d withe marienge vvith her to distaine her honour Wherefore to sett her maiestie at fredome owte of his boÌ„dage to preserue her honour and the ê‘son of her sonne and by dewe punisshemeÌ„t of such a malefactour to recouer theire good name and estimation vvith the reste and quietnes of theire cuntreye When they had but in vaine attempted aswel all other meanes as by the offeringe to the Erle singulier battaile they were driueÌ„ to gather force to resist them Who came to the felde against them withe a stronge armie But he refusinge either to wage singulier battaile Whiche vvas then offered to him or to ioyne in battaile vvith theire campe escaped by flight The Quene in the meane vvhile rendred her self into the nobilities hands there assembled and by them vvas conuayed to Edenborovvghe But afterwarde they Were of verye necessitie compelled to sequester her vntill suche time as some remedie might be fownde for theis matters into Lochleven where she hauinge nowe advised withe her self and fullie perceaved her ovvne disabilitie to sustaine the weight of so greate a rome freelie voluntarelie by theire sainge gaue ouer the crowne to her sonne appointinge the Erle Murraie beinge at that time owte of the realme to be regente therof duringe her sonnes minoritie The Erle Bothwell not longe after beinge by them pursued fledd the realme to escape theire hands Now this said resignatioÌ„ by the Quene ons made to her sonne he was forthvvithe by them solemlie crowned and he as kinge the Erle Murraie as regent obeied and the state of bothe theis regimeÌ„ts was by acte of parliamente established Wher vpon quietnes begane to encrease and iustice more aÌ„d more dailie to take place Whiche yet some ê‘sons saie they muche enuienge at to the dysturbance of the same and of the kinge hys authoritie first practised coÌ„trarie to the saide theire Acte of parlement the Quenes deliurance oute of Lochleven and then shewed them selues in armes But as theire atteÌ„pte saie theye was vnlawfull so the victorie fell against them on owrs the righteouse side Whereby god hym self seamethe to haue geuen senteÌ„ce for the equitie of our whole cause against our aduersaries Theis are the principall allegations theis good men haue proposed for the iustification of theire procedings against the Quene before the most excelleÌ„t and mightie Princesse Elizabethe Quene of Englande Finallie they saie that the moste parte of them selues are for particuler benefitts priuatelie so muche beholdinge to theire saide Quene that a nomber of theÌ„ coulde be contented and vvell willinge yf they might praeserue Scotlande in the state of a kingedome preseruinge also the profession of trewe religion withe the kings person the whole state from danger to liue Willinglie in perpetuall exile banishemente God be thancked that after that theis seditiouse trayterouse subiects haue bene so stovvte and storminge in the reconinge vpp and accumulatinge of faults offenses of theire innoceÌ„te maistresse Quene they are yet at the lengthe forced to answere for them selues and for theire excessiue outragiouse rebelliouse doings Theire gaie gloriouse glitteringe excuses maye ê‘happs at the firste shewe seame to some of the Readers to have a iolie face of muche probabilité greate trewthe and feruente zeale to the Weale publike But maie yt please them advysedlie and deapelie to ponder and Weyghe aswell what we have
ys vnlavvfullie vnrightuouslie and disorderlie done Yf yt had bene but a poore priuate maÌ„s cause for the lacke of devve aÌ„d coÌ„uenient forme in the treatinge aÌ„d handlinge therof the Whole ê“cedinge had bene of none effecte or purpose The lavves of vvell ordered coÌ„mon vvealthes especiallie the ciuill lavve The lawe geueth exceptions to the defendaÌ„t agaiÌ„st the iudges the accusers and witnesses the principall aÌ„d maistris of all other ciuill pollices aÌ„d ordinaÌ„ces do require in all iudgemeÌ„ts to be geuen against the defendaÌ„te three seuerall aÌ„d distincte ê‘sons the iudges the accuser aÌ„d the vvitnesses The defendante hathe the benefitt of iuste and lavvfull exceptioÌ„s as vvell against the iudge as against the accusers and vvitnesses Eache of vvhome maye be reiected for open enimitie tovvarde the defendant and for diuers other causes Accusers maye be repulsed some for that they haue receaued a singuler benefitte of the partie defendaÌ„te C. qui accusat non poss l. iniquum l. fi l. q accuss H. de accusat as a bonde man manumitted aÌ„d made free In case he will accuse his patrone and manumissor or yf a man will accuse his educatour and bringer vpp Some for nearenesse in bloudd and consanguinitie as the brother Some for nawghtie aÌ„d in famouse behauiour aÌ„d some for other respects Shal theis vngratefull traytours then that iustlie neither can be iudge nor accuser nor as muche as vvitnes against there souereigne and to them a most gratiouse Quene by anye reason or lavve playe them selues all the three parts iÌ„ the tragedie For they haue in all theis theire vvorshipfull proceadings against her made suche a hotche potche suche a mingle mangle suche a confuse and disordered chaos against iustice and nature that they them selues vvere the accusers they them selues the vvitnesse they them selues the Iudges and examiners of her cause Ys there anie honest meaninge and gentle natured harte that can ons pacientlie abide and suffer to heare theys theire tauntinge and intollerable owteragiouse inueings and accusations especiallie of the Erles Murraye and Morton the Capitaines ringeleaders and cheif practitioners therof against her to Whome they are most deapelie bownde aswel for highe prefermente vndeserued as for diuers pardons of deathe by manifolde treasoÌ„s worthelie deserued To whome the one of them ys by nature aÌ„d bloude albe yt base as a brother entierlie conioined And to Whome they both owght to be with the reste as to theire leage ladie most loyallie subiected Shall they novve vvithe the lorde Lindzaye be admitted to staine and defile her honour to seake her harts bloude Who longe sithens had vvorthelie loste theire ingrate chorlishe traiterouse bloude yf they had not bene preserued by her singulier and incredible clemencie Yet let vs consider theire precise and most holie forme of iudgemente The Quene vvas disorderlie and rebelliouselie appreheÌ„ded she vvas caste in prisoÌ„ not ons hearde to answere for her self most instaÌ„tlie aÌ„d pittifullie crauiÌ„ge audieÌ„ce She vvas forced and constrained by moste vehemeÌ„te and iuste feare to geave over her crovvne and dimisse the regimente to the Erle Murraye One greate argumeÌ„te of the saide constrainte and compulsion amonge other ys that she neuer reade suche vvritiÌ„gs as vvere offered to her A good argumeÌ„te that the Quene by copulsion dimissed the crovvne to be by her subscribed nor entred into anye covenante or talke for the mainteinance of her lyuinge or saufgarde of her lyfe vvhiche thinge she vvolde never by any indifferente mans iudgement haue done yf she had freelie and voluntarilie yelded vpp her regall dignitye Neither can the pretensed parliamente be preiudiciall to her staÌ„dinge vpon no better or suer grovvnde then vppon suche as vve haue rehearsed And vpoÌ„ suche vvorshipfull lettres missive as are by them I can not tell more falselie or more foÌ„delie coÌ„terfeited Suerlie suche traitours as durste laye violente hands vppon theire Quene and intrude theÌ„ selves into the regall gouernemente vvill make but small curtesie in the fainiÌ„ge and forginge a lettre therby to vvorke theire purposed mischeif I vvolde then farder demaunde of them What authoritie they had to somon asseÌ„ble a parliameÌ„te And whether thys facte of hers supposinge she were therein gvviltie deservethe in her beinge a Prince consideringe hovve heinowselie the lorde Darlie had offended her and the crovvne of Scotlande suche extreame punishemente to be levied vpon her for one simple murther especiallie by them that comitted that shamefull murther vpon her secretorie that hathe coÌ„mitted so manie treasons and dailie do comitt so many horrible murthers vpon the Quenes trewe lovinge subiects Howe manie and hovv crewell and terrible deathes suche traitours deserve We haue moreover to demaunde of them whereas they pretende a meruelouse and a singular zeale to religion and holie scripture aÌ„d to measure all theire doings preciselie by scripture and order therof vvhat sufficient vvarrante they haue therein by theire private aucthoritie to sett violente hands vpon theire annointed Prince I finde there that kinge Dauid vvas bothe an adoulterer and also a murtherer I finde that God vvas highelie displeased with hym therefore Yet finde I not that he was therefore by his subiects deposed And here might I take occasion owte of the sacred scriptures to declayme and discourse agaynst your disordered doings but that yt ys neadelesse and our matters othervvise grovve longe But yet consider ye vvithe your selues you the Erles Morraye aÌ„d Morton vvithe your consociates that eauen adioyninge the Quene vvere culpable and in some fault as she ys not in this matter Whether yt had not bene muche better and more auaileable to your comon vvelthe aÌ„d to the state therof prudentlie to haue dissembled the matter as your forefathers haue hertofore done in a greater cause then this namelie in duke Roberte The Duke Roberte of Scotlande the gouernour kinge Roberts Brother then to haue permitted your comon vvelthe to haue comen in to so miserable aÌ„d wretched a state at yt ys novve fallen in and dailie ys likelie to be in vvorse case and vvorse I suppose yt vvilbe fovvnde that yt had bene a muche better pollicie to haue reserued the punishemente therof to Gods ovvne rodd and iustice in this or in any other vvorlde then to haue taken from him that he hathe reserued to his ovvne onlie iudgemente and to haue geaueÌ„ to the subiects of other Princes suche a vvicked presidente that yf theis other subiects treade faste vpoÌ„ your steppes there Will shortelie fewe kings and Princes in christenedome haue any sure and faste holde of theire scepter and royall dignitie We conclude then against you speake and do the vvorste by her that ye can inuente that your ê“cedings be not agreable or correspondeÌ„te to lavve order and iustice And therefore to be reuoked repealed and annulled We saye that the comon rule of the lawe ought heare to take place Spoliatus ante omnia restituendus est vnlesse that where all lawes asvvell Gods as mans lavve do
one as for the excelleÌ„te giftes of God and nature in her most princelie appearinge ys vvorthie to inherite either this noble realme or any other be yt of muche more dignitie and worthines But nowe I claime nothinge for the vvorthines of the person whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others yf moste open and manifeste right Iustice and title do not coÌ„curre with the worthines of the person Then lett the praise and Worthines remaine where yt ys And the right Where God and the lavve hathe placed yt But seinge God nature and the lavve dothe call the person to this expectation whose intereste and claime I do novve prosequute I meane the right excellente Ladie The Quene of Scots is the right heire appareÌ„te to the crovvne of Englande Ladie Marie Quene of Scotlande I hope that when her right and iuste title shall be throwghlie harde and considered by the indifferente Reader yf he be persvvaded alredie for her right he shall be more firmelie setled in his trevve and good opinion and that the other parties beinge of a contrarie minde shall finde good cavvses and grovvndes to remoue them from the same and to geaue ouer and yelde to the trevvthe Her graces title then yf God call our Souereigne ovvte of this transitorie life hauinge no issue of her maiesties bodye as yt ys moste open and euidende so yt ys moste conformable to the lavve of God of nature and of this realme And consequentlie in a manner of all other realmes in the vvorlde as grovvinge by the neareste proximitie of the royall bloude She ys a kinges and a Quenes davvghter her self a Quene Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight Whose Davvghter also the ladie Lenoux ys but by a later husbande The ladie Frances late vvyfe to Henry Marques dorsett aftervvarde Duke of Suffoocke And the ladie Elenour late vvyfe to the Erle of Cumberlande and theire progenye procedethe from the ladie Marie dowager of France yongest sister of the saide kinge Henrie late vvife to Charles Brandon Duke of Suffolke I might here fetche forthe olde farne dayes I might reache backe to the noble and vvorthie kinges longe before the conqueste of vvhose royall bloude she ys discended vvhiche ys no parte of our purpose neither dothe enforce her title more then to proue her no stranger vvithin this realme But the argumentes and proufes which vve meane to alleage and bringe forthe for the confirmation of her right and title in succession as heire apparente to the crovvne of Englande are gathered and grovvnded vpon the lavves of God and nature and not onlie receaued in the ciuill pollicies of other nations but also in the olde lawes and customes of our ovvne contrey by reason approued and by vse and longe concontinevvance of time obserued from the firste constitution of this realme in politicall order vnto this presente daye And yet for all that hathe yt bene aÌ„d yet ys by some men attempted artificiallie to obiecte and caste manie mistie darke clovvdes before meÌ„nes eyes to kepe from them yf yt maye be the cleare light of the saide iuste title the vvhiche they vvolde extingvvishe or at the leaste blemishe withe some obscure shadovve of lavve But in deede against the lavve and vvith the shadovve of parliameÌ„ts But in deede against the trewe meaninge of the pliameÌ„tes And albe it yt were inowghe for vs our cawse beinge so firmelie aÌ„d suerlie established vpoÌ„ all good reason aÌ„d lawe to stande at defence and onlie to auoide as easelie vve maye theire obiections Whiche principallie and cheifelie are grovvnded vpon the common lawes and statutes of this realme yet for the betteringe aÌ„d strengtheninge of the same vve shall laye forthe sondrie greate aÌ„d inuincible reasons coÌ„ioyned vvithe good and sufficieÌ„t aucthoritie of the lawe so approued and coÌ„firmed that the aduersaries shall neuer be able iustlie to impugne them And so that vve truste after the readinge of this our treatise aÌ„d the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title Whose expectatioÌ„ aÌ„d coÌ„science althovvghe we truste fullie in this discourse to satisfie aÌ„d doubte nothinge in the vvorlde of the rightfulnes of our cause Yet must we nedes coÌ„fesse the maÌ„ner aÌ„d forme to eÌ„treate therof to be full of difficultie aÌ„d ê‘plexitie For suche causes of Princes as they be seldome and rare so ys yt more rare and stange to finde them discoursed discussed and determined by any lawe or statute Albe it nowe and then some statutes tende that vvaye Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente but vvith priuate mens causes And yet this not withstandinge for the better iustifiengè of our cavvse albe yt I denye not but that by the coÌ„mon lavve yt muste be knovven vvho ovvght to haue the crovvne And that the coÌ„mon lavve muste discerne the right aswell of the crowne as of subiects Yet I saye that there ys a greate difference betvvene the kinges right aÌ„d the right of others And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the coÌ„mon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same The coÌ„moÌ„ lavve of this realme ys rather grouÌ„ded vpon a generall custome then any lawe written For the prouf wherof let vs consider What the comon lavve of this rerealme ys and howe the rules therof be grownded and do take place Yt ys verie manifeste and plaine that the comon lawe of this realme of Englande ys no lawe WritteÌ„ but grovvnded onlie vppoÌ„ a coÌ„mon and generall custome throvvghe ovvte the vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVLPHVS DE GLANVILLA In ê“logo suo eâ—sdeÌ„ libri fol. 1. 2. Who wrote in the time of the noble kinge Henrie the secoÌ„de De dicto Ranulpbo Glanuilla vide GeralduÌ„ CaÌ„breÌ„sem in Topogra de vvallia of the lavve and custome of the realme of englande Beinge then and also in the time of the reigne of kinge Richarde the first the cheif counsailler and iustice of the same kinge And also by the famous Iustice Fortescue in his booke which he wrote beinge Chancellour of Englande Fortescue de laud legum Angliae ca. 17 De laudibus legum Angliae And by 33 H. 6 51. and by 8. E. 4. 19. Which custome by vsage and coÌ„tinuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie knovven and mainteined 8. E. 4 19 33. H. 6 51 piÌ„soÌ„s printe Wherein we seame muche agreable to the olde lacedemoniaÌ„s vvho manie hundred yeares past most politikelie and famouselie gouerned theire common
2. 21 E. 4. fol. 97. 7 H. 7. fo 15. Yf therefore any deede dothe wante that speciall clause and mention althowghe the partie in deede hathe putt his seale vnto the same yet ys that deede or specialtie voyde iÌ„ lawe So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same and farther dothe appointe to carrie or driue the same distresse vnto the povvnde 9. E. 4 fo 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and seruices Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie 29 H. 6. fol. 6. or yf he shall labour occupie the chattelles distrained 29. li. Assiar The distresse so taken by him ys iniuriouse and vvrongfull in lavve p. 64 For as muche as he hathe not done accordinge to the prescribed order of the lavve The statute made Anno 32. H. 8. geuethe aucthoritie vnto tenaÌ„te in tayle and to others beinge seased of lande in the right of theire vviues or churches to make leases of the same Wherein also a prescripte order and forme for the same ys sett forthe Yf any of the saide persons shall make any lease wherein he dothe not obserue the same prescribed order in all pointes the same lease ys not vvarented in any point by the saide statute Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of laÌ„de appointethe a forme and order for the same 27. H. 8. cap. 10. that ys they muste be by vvritinge indeÌ„ted sealed aÌ„d enrolled vvithin sixe monethes next after the dates of the same vvritinges Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted the same ys vitious aÌ„d voide in the lavve So likevvise the statute made in An. 32. H. 8. geaueth aucthoritie to dispose laÌ„des and tenemeÌ„tes by laste vvill and restamente in vvritinge 32. H. 8. cap. 1. Yf a man do demisse his laÌ„de by his laste vvill restameÌ„te nuncupatiue vvithovvte vvrittinge this demise is insufficieÌ„te in lavve aÌ„d ys not warranted by the saide statute We leue of a nomber of like cases that we might multiple in the proufe of this matter Wherein vve haue tarried the longer by cause the adâ—saries make so greate a countenaÌ„ce therevpon And by cause all vnder one yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parliamentes by his lettres patentes signed vvith his hande Which ys nothinge else but a declaration and affirmaÌ„ce of the coÌ„mon lawe And no newe aucthoritie geven to him to do that he coulde not do before or any forme praescribed to binde him vnto Besides that in this case there ys no feare in the worlde of forginge and counterfeytinge the kinges hande Where as in the testamentarie cause yt ys faâ—re other wise as the worlde knovvethe and dailie experience teacheth And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande yt can not any vvaye hurte or hinder the iuste right aÌ„d clayme of the Quene of Scotlande to the succession of the crovvne of Englande Nowe supposinge that neither the Lorde Pagett nor Syre Edvvarde Mountegevve aÌ„d willim Clarke had testified or published any thinge to the infringinge and overthrowinge of the aduersaries assertioÌ„ towchinge the signinge of the saide will Yet ys not therebye the Quene of Scotlandes title altogether hindered For she yet hathe her iuste aÌ„d lawfull defeÌ„ce for the oppugninge of the saide Assertion aswell againste the persons and saienge of the witnesses yf any shall come forthe as otherwise she maye iustlie require the saide will to be browght furthe to light and especiallie the signinge of the same vvith the kinges hande to be dewly and consideratelie pondered weied and conferred She hathe her iuste defence and exceptions and muste have And yt were against all lawes and the lavve of nature yt self to spoile her of the same And all good reason geavethe that the saide originall will standinge vpon the triall of the kâ—nges hande be exhibited that yt maye be compared vvith his other certaine and well knowen hande writinge and that other thinges maye be done requisite in this behalf But yet all this notwithstandinge lett vs nowe imagine and suppose that the kinge him self whose harâ—e and hande Were dovvbtelesse farre from any suche doinges Lett vs yet I saie admitte that he had signed the saide Will vvith his ovvne hande Yet for all that the aduersaries parchance shall not finde no not in this case that the Quenes iuste title right and intereste dothe any thinge fayle or quayle The supposed will caÌ„ not preiudice the Q. of Scottes thovvghe yt had bene signed vvith the Kinges ovvne hande Or rather lest vs vvithovvte any perchance saye the iustice and aequitie of her cause and the invincible force of trevvthe to be suche that neither the stampe nor the kynges ovvne hande can beare and beate yt dovvne Which thinge we speake not vvith ovvte good probable and vveightie reasons Neither do vve at this time minde to debate and discovvrse vvhat povver and aucthoritie and howe farre the parlamente hathe yt in this and like cases Which parchance some other vvolde here do We vvill onlie intermedle vvith other thinges that reache not so farre nor so highe and seame in this our presente question vvorthie and necessarie to be considered And firste before we entre into other matters vve aske this reasonable and necessarie question Whether theis generall vvordes vvhereby this large and ample aucthoritie ys conueyed to kinge Henrie muste be as generallie and as amplie taken or be restrained by some manner of limitation aÌ„d restriction agreable to suche mynde and purpose of the parliamente as muste of verie necessitie or greate lykelyhodde be construed to be the verye mynde and purpose of the sayde parliamente Ye will saye perchance that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte exception sauinge for the owtewarde signinge of the will Trewthe yt ys there ys nothynge elles expressed But yet was there some thinge elles principallie intended and yet for all that there must nedes be some qualification aÌ„d restraiÌ„t of the generall words of the statute neaded not to be specified The owtewarde manner was so speciallie and preciselie appointed and specified to auoide suspitious dealinge to auoide corruption and forgerie And yet vvas the vvill good and effectuall vvithowte the kinges hande Yea and the assignation to had bene good had not that restrainte of the kinges hande bene added by the parliamente But for the qualification of the person to be limited and assigned and so for the necessarie restriction and limitation of the vvordes were they neuer so large and ample there ys thowghe nothinge were spoken therof an ordinarie helpe and remedie otherwise
claime For by the sayde pretensed vvill yt ys limited that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour that the crovvne shall remayme and coÌ„me to the next rightfull heires But yf she shall be sayde to be a forrainer for the time for the induction of farther argumente Then what saye the adâ—saries to my Ladie LeÌ„noux borne at Herbotell in Englande and from thertene yeares of age browghtvppe also in EnglaÌ„d and coÌ„monlie taken and reputed aswell of the kinge and nobilitie as of other the lawfull neâ—e of the saide kinge Yea to turne nowe to the other sister of the kinge married to Charles Brandon Duke of Suff. and her children the Ladie Fraunces and the Ladye Elenour Whye are they also disherited Suerlie yf there be no iuste cause neither in the Ladye LeÌ„noux nor in the other yt seamethe the kinge hathe made a plaine donatiue of the crowne Which thinge vvhether he coulde do or vvhether yt be conformable to the expectation of the parliamente or for the kinges honour or for the honour of the realme I leaue yt to the further consideration of other Nowe what causes shoulde moue the kiÌ„ge to shutt them owte by his pretensed will from the title of the crowne I mynde not nor neade not especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne here to ê“psequute or examin Yet am I not ignorante what impedimeÌ„tes many do talke of aÌ„d some as well by priÌ„ted as vnpriÌ„ted bookes do write of Wherein I will not take vpon me any asseueratioÌ„ any resolution or iudgement Thys onlie will I propownde as yt were by the vvaye of coÌ„sideration dewly and deaplye to be wayed and thowght vpoÌ„ That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of ScotlaÌ„de and others altogether to the issewe of the Frenche Quene whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children as the aduersaries them selues coÌ„fesse he had not and that there was no lawfull impedimeÌ„te in them to take the successioÌ„ of the croune yt were any thinge reasonable or euer was ones mente of the parliamente that the kinge withowte cause shoulde disherite aÌ„d exclude them from the title of the crowne On the other side yf there were anye suche impedimente Wherof this surmised will geuethe owte a greate suspition yt ys to be considered whether yt standethe with reason and iustice vvith the honour of the kinge and the whole realme or vvith the mynde purpose and intente of the saide ê‘liamente that the kinge shoulde not onlie frustrate aÌ„d exclude suche l. fi pater ff quo in fraud credit l. filij famil ff de donat vvhose right by the coÌ„mon lavve ys moste evidente and notorious but call and substitute suche other l. 1. C. quae respign l. obligationem ff de pignot c. in general de regul iuris in 6. as by the same lavve are plainelie excluded In consideration wherof manie notable rules of the cyuill lavve do concurre Firste that whosover gevethe any man a generall aucthotitie to do any thinge In giuinge generall aucthority that seameth not to be coÌ„prised that the ê‘â—ie vvolde not haue graunted being specially demanded seamethe not to giue him aucthoritie to do that thinge which he vvolde not haue graunted yf his miÌ„de therein had bene severallie and speciallie asked and required Againe generall wordes eyther of the testatours or of suche as make any contracte I. promitteÌ„do cuÌ„ notat ibid. ff de iure dotium and speciallie of statutes towchinge any persons to do or enioye any thinge ovvght to be restrained and referred to hable I. quidam ff de verb. signific mete and capable persons onlie Yt ys further more a rule aÌ„d a principle I. vt gradat §. 1. de muner honor that statutes muste be ruled measured aÌ„d interpreted accordinge to the minde and directioÌ„ of the generall and coÌ„mon lawe Generall vvordes muste be referred to hable persons Wherefore the kinge in limitinge the successioÌ„ of the crovne in this sorte I. 2. Câ—de Nopal as ys praetended seamethe not to answere and satisfie the expectation of the parliamente puttinge the case there were any suche surmised impedimeÌ„t as also on the other syde likewyse yf there were no suche supposed impediment For here an other rule muste be regarded which ys that in testamentes contractes and namelie in statutes the generalitie of wordes muste be gentilie and cyvilie moderated aÌ„d mesured by the common lavve l. Fin § in coÌ„putatione C. de iurâ— de liber â—bi notat and restrained when so euer any man shoulde by that generalitie take any doÌ„mage and hurte vndeservinglie Yea the Statute shall rather in that case cease and quaile and be taken as voyde As for example yt appeareth by the ciuill lavve Alciat l. 1. verb. sig that yf yt be enacted by Statute in some cities that no man shall pleade againste an instrumente no not the executours Yet this not withstandinge yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour yf he deale feaithfullie and trewâ—ie rather then he shoulde vvrongfullye and with oute cause paye the testatours debte of his owne he maye come and pleade againste the instrumente Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances and Ladye Elenour or muche excessiue in theire childreÌ„ And so thowghe he had signed the sayde will with his hande yet the saide doinges seame not coÌ„formable to the mynde and purpose of the parliamente We vvill nowe goe forewarde and propownde other greate and graue considerations seruinge our saide purpose and inteÌ„te wherof one ys that in limitinge the crowne vnto the heires of the bodie of the Ladie FraÌ„ces the same Ladye then and so longe after liuinge the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable parliamente For as muche as the saide acte of parliamente gaue to him aucthoritie to limitt aÌ„d appointe the crowne to suche ê‘son or persons in reuersion or remainder as shoulde please his highnes meaninge therbye some person certaine of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes be intended For as muche as the saide Ladye Frances was then liuinge and therefore coulde then haue no heires at all By reason vvherof the people of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession 11 H. 4 fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente 19 H. 6 fol. 24. But to this matter some peraduenture vvolde seame to ansvvere and saye 11 H. 6 fol. 15. that althovvghe at the tyme of the saide