Yf the realme had bene set ouer to a furious or a made man or to an ideot or to some forraine aÌ„d Machometicall Prince and to suche a one our stories testifie that kinge IohnÌ„ vvolde haue submitted him self and his realme or to any other notoriouse incapable or vnable person Matheus parisiensis in Ioanne The generaltie of the vvordes seame to beare yt But the good mynde and purpose of the ê‘liamente and mans reason do in no wise beare yt Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation as reason dothe force you to grauÌ„te it Yet will I aske farther whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister aÌ„d the firste issewe of the yongeste sister So yf he had cutt of also all the ofspringe aswell of the sayde yoÌ„geste sister as of the remnante of the royall bloude aÌ„d placed some beiÌ„ge not of the sayde bloude and perchance othervvise vnable this assignation had bene good aÌ„d valable in lavve as coÌ„formable to reason and to the mynde and purpose of the parliamente Yt vvere suerlie to greate an absurditie to graunte yt There muste be therefore in this matter some reasonable moderation and interpretation as vvell towchinge the persons compÌ„hended vvith in this assignatioÌ„ and theire qualities and for the persons also hauinge right aÌ„d yet excluded As for the manner of the doinge of the acte aÌ„d signinge the will For the kinge as kinge coulde not dispose the crowne by his vvill And was in this behalfe but an arbiter and comissioner Wherfore his doinges muste be directed aÌ„d ruled by the lawe aÌ„d accordiÌ„ge to the good miÌ„de aÌ„d meaninge of those that gaue the aucthoritie And vvhat theire mynde vvas yt vvill appeare well inowghe euen in the statute yt self Yt vvas for the auoidinge of all aÌ„biguities dowbtes and diuisions towchinge the successioÌ„ They putt theire whole truste vpoÌ„ the kiÌ„ge as one whome they thovght most earnestlie to mynde the vvealthe of the realme as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession and prouide for the same accordinglye Yf the doynges of the kinge do not plainlye and euidentlye tende to this ende and scope yf a zelous mynde to the common welthe yf prudence and vvisdome did not rule and measure all theys doinges but contrarye wise parciall affection displeasure yf this arbitremeÌ„te putter he not awaye all contentions and striffes yf the mynde aÌ„d purpose of the honorable parliament be not satisfied yf there be dishonorable devises assignimentes of the crowne in this will and testamente yf there be a nevve succession vnnaturallie deuised Finally yf this be not a testameÌ„te and laste will suche as Modestinus definethe testameÌ„tum est iusta voluntatis nostrae sententia de co quod quis post mortem suam fiert velit Then thovvghe the kinges hande were put to yt l. 1. ff qui testamenta facere The definitioÌ„ of a testament the matter goeth not al together so vvell and so smothe But yet there ys good and greate cause farther to coÌ„sider and debate vpoÌ„ yt Whether yt be so or no lett the indifferente When theye haue well thowght vpon yt iudge accordinglie The adversaries them selues can not altogether denie but that this testameÌ„te ys not correspondente to suche expectation as men worthelie shoulde haue of yt Which thinge they do plainlie confesse for in vrginge theire presumptions wherof we have spoken and myndinge to proue that this will which they saye is coÌ„monlie called kinge Henryes will was no newe will deuised in his sicknes but eaveÌ„ the verie same Where of as they saye vvere dyvers olde copies Theye inferre theis Wordes saienge thus For yf yt be a newe will then devised Who coulde thincke that either hym self wolde or any man durste haue moved him to putt therein so many thinges contrarie to his honour muche lesse durste they them selves devise any newe succession or moue hym to altre yt otherwise then they founde yt when they sawe that naturallie yt coulde not be othervvise disposed Wherein they saie very trevvlie For yt ys certaine that not onlie the coÌ„mon lavve of this realme but nature yt self tellethe vs that the Quene of ScotlaÌ„d yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie ys the next and right full heire of the crovvne Wherefore the kinge yf he had excluded her he had done an vnnaturall acte Ye will saye he had some cause to do this by reason she was a forrainer aÌ„d borne owte of the realme yet this not with staÌ„dinge he did very vnnaturally Yea vnadvisedlie inconsideratelie and wrongfullie and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce as we haue alredie declared And more over yt ys vvell to be vveighed that reason and aequitie and ius gentium dothe require and crave That as the kinges of this realme wolde thincke them selues to be iniuriouslie haÌ„dled and openlye vvronged yf they marrienge vvith the heires of Spayne Scotlande or any other contrey vvhere the succession of the crovvne deuoluethe to the vvoman vvere shutt ovvte and barred from they re sayde right devve to them by the vviues as vve haue sayde So likevvise they ovvght to thincke of vvomen of theirr Royall bloude that Marrie in Scotlande that they maye vvell iudge and take them selues muche iniured vnnaturallye and vvrongfullye delt vvith all to be thruste from the succession of this crowne beinge therto called by the nexte proximitie of the Royal bloude And suche deuolution of other kingdomes to the crowne of Englande by forraine mariage might by possibilitie oftimes haue chaunced and vvas eauen nowe in this our time verye like to haue chauÌ„ced for Scotlande yf the intended mariage vvith the Quene of Scottes that novve ys and the late kinge Edvvarde the sixte vvith his longer life and some issevve had taken place But novve that she ys no suche forrainer as ys not capable of the crovvne we haue at large alredye discussed Yea I vvill nowe saye farther that supposinge the parliamente mynded to exclude her and migh rightfullye so do and that the kinge by vertue of this statute did exclude her in his supposed vvill Yet ys she not a plaine forrainer and incapable of the crowne For yf the lavvfull heires of the sayde Ladye Frances and of the Ladye Elenour shoulde hapen to fayle vvhich seame nowe to faile at the leaste in the Ladye Katherine aÌ„d her issue for vvhose title to greate sturre hath latelye bene by reason of a sentence diffinitiue lately geauen againste a pretensed matrimonie of the sayde Ladye vvith the Erle of Harforde by my Lorde of Canterburie and other commissionners then ys there no staye or stoppe either by the parliament or by the sayde supposed will But that she the sayde Quene of Scotlande and her heires maye haue and obtayne theire iuste title and
of this place ye have omitted Wherefore as this place servethe nothinge for any absolute electioÌ„ of a kinge the which you seame especiallie to regarde aÌ„d grownde your self vpoÌ„ so dothe yt as we have shewed as litle relieve you to prove thereby your conclusions especiallie againste the ordinarie succession either of a straÌ„ger or of a woman that ye wolde gather and coÌ„clude owte of the same Thus have we sufficientlie answered the place of Deuteronomie for this one purpose The other two aucthorities maye be muche more easelie answered The people mente nothinge else by theire sayde wordes spoken to David An anssvvere to the secoÌ„de of Samuel c. 5. but that they were of the seede of Abraham Isaac and Iacob as well as he and intended with trevve and sincere hartes vnfainedlie to agnyse him as theire cheif lorde aÌ„d Sovereigne For at that time the tribe of Iuda onlie wherof kinge Dauid came by liniall discente did acknowledge hym as kinge Novve the residevve which before helde vvith Saules sonne did also incorporate aÌ„d vnite them selues to the saide kingdome Yf this man loke well vpon the matter he shall finde I trowe that the Quene of Scottes maye aswell call her seâ—f the bones and fleshe of the noble Princes of Englande as this people call them selves the bones and fleshe of kinge Dauid But yet the greate terrible batteriÌ„ge caÌ„noÌ„ Athalia ys behiÌ„de She beinge in possessioÌ„ of the kiÌ„gdome seaueÌ„ yeares was iustlie thrust owte by cause she was an alien we maye then sayethe this man iustelye denye the Quene of Scottes before hande the right of that which yf she had in possession she coulde not iustelye enioye Yet Syr yf the Quene of Scottes be no alien as we have sayed then ys your cannon shotte more fearefull then dangerouse We denie not but that Athalia was lavvfullie deposed but we beseache you to tell vs your authours name that dothe assigne the cause to be suche as ye alleage Suerlie for my ê‘te after diligente searche I finde no suche authours Truthe yt ys that Iosephus writeth as ye do Iosep. Iud. antiq li. 9 c. 6. that she discended by the mothers side of the Tyrians and Sydonians yet never thelesse he assignethe no suche cause as ye do And as ye are in this your pretie poisoned pamflett the firste I trowe of all christian men I Will not excepte eyther latine or greke vnlesse yt be some fantastycall fonde and newe vpstarte Doctours as Maistre Knoxe or some the like neyther Iewe Chaldyan nor Arabyan that hathe thus strangelye glosed and deformed this place of the holie scripture againste the ordinarie succeffion of vvomen Princes so are you firste also A nevve fovnde aÌ„d mad inter pretation who ys an alieÌ„ made by the aduersarie of all either deuines or lawiers throughe owte the world that hathe sett forthe this newe fownde folishe lavve that the kinges childe muste be counted an AlieÌ„ vvhose father and mother are not of the same and one coÌ„trey Yf the Frenche or Spanishe kinge chance to marrye an Englishe vvoman or the kinge of Englande to marrie a freÌ„che a Spanishe or any other coÌ„trey woman theire children by this newe Lycurgus are Aliens aÌ„d so coÌ„sequentlie in all other nations all suche as haue bene shal be aliens by this your newe oracle For vvhat other cause shewe you that this Athalia was an alien but by cause her mother vvas an alien Genus ducens Iosep. li. 9. cap. 7. say you a Tyrijs Sidonijs coÌ„minge by liniall discente by the mothers side from the Tyrians and Sydonians Kinge Achas maried her mother dawghter to Ithoball kinge of the saide Tyrians and Sydonians This Athalia vvhom Iosephus callethe Gotholia Achas dawghter married Ioram kinge of Iuda her brother called also Ioram beynge kinge of Israël after the decease of his father Achas Athalia was no alieÌ„ amoÌ„ge the Iewes So then ye see that this Athalia vvas no more an aliâ—n amoÌ„ge the Iewes then kinge Edbaldus was the sonne of Bertha a Frenche womaÌ„ and of kinge Ethelbertus the firste christian kinge of the Englishe nation No more then vvas the noble kiÌ„ge Edward the thyrde borne of a Frenche vvoman No more then Quene Marie vvas No more then shoulde haue bene the issewe of the saide Quene Marie or our gratious Souereignes issewe shulde be in case she maried with any forren PriÌ„ce I ê‘ceaue that your fellowes that wolde faine make kinge Shephen and kinge Henrie the seconde and Arthure nephewe to kinge Richarde the firste aliens had but rude dull and grosse heades in comparisoÌ„ of your fine subtile and highe fetches Yf I shoulde nowe desire your patience not withstandinge the allegatioÌ„s of all your diuinitie to be conteÌ„te a while and towchinge this matter to hearken to the moste excellente ciuilian Vlpian thowghe he were an Ethnick ye wolde parchance make litle accompte of him and be angrye withe me for producinge a prophane witnes against you And yet trewlye in this I offerre neither to you nor yet to godes holye vvorde any iniurie in the vvorlde For Christe his highe and deuine doctrine dothe not subuerte nor impugne humane oâ— ciuill policie beynge not repugnaÌ„te to his expresse worde wyll Let vs then heare whoÌ„ the saide Vlpian maketh an Alien Who is an alieÌ„ by Vlpian whoÌ„ he definethe to be an Alien He ys a Campane sayethe this Vlpian that ys borne of father and mother beinge Campanes Yea yf his father be a Campane and his mother be a Puteolane yet ys the childe a citezin or burgesse of Campanie And then he shewethe farther that in some contreyes as amonge the Ilians the Delphians and them of Pontus the childe shal be cownted to be origiginallye of the mothers and not of the fathers contreye His wordes in latine as he wrote them are theis L. 1. ff ad muni c. 1. pec Qui ex duobus Campanis parentibus natus est Campanus est Sed si ex patre Campano matre Puteolana aequè municeps Campanus est nisi forte priuilegio aliquo materna origo censeatur tunc enim maternae originis erit municeps vtopte Iliensibus concessum est vt qui matre Iliensi est sit eorum municeps Etiam Delphis hoc idem tributum conseruatum est Celsus etiaÌ„ refert ponticis ex beneficio Pompeij Magni compepetere vt qui PoÌ„tica matre natus esset Poticus esset Whiche his sayenge ys directe against you for this your strange declaration of Alienigenâ— an alien Well yf neither the declaration of Vlpian nor yet the practise of the worlde most conformable also to reason nor any thinge else will satisfie you vnlesse yt be deriued and taken owte of holye scripture we are coÌ„tente to ioyne issewe with you aÌ„d to be tried by the same onlye Matt. 1. Iosue 6. Christe came liniallie of Booz whoÌ„ SalmoÌ„ begatt of Raab as the moste coÌ„mon opinion of writers ys that
crowne cutt avvaye that eueÌ„ the verie thinge the parliament moste feared ys moste infortunatlie and moste lamentablye like soneste to chance He that remembrethe the tragicall procedinges of the last by name aÌ„d not by right kinge Richarde neadeth not gretelye to dowbte but that as he coulde finde in his harte to bastarde his eldeste brother aÌ„d lavvfull kinge and to diffame his ovvne naturall mother as an harlott eaueÌ„ so nowe there vvill some be fovvnde that vvill easelie be induced for the auancinge and settinge forthe of theire supposed right and title to the crovvne to seake meanes to vvringe them ovvte that shall vvrongfullye sitt in the royall throne And to seake to extorte the crovvne from theire possession Which vnhappie daye yf yt should ons chaÌ„ce as God forre bid then maye vve crye owte and singe a vvofull and dolefull songe Then maye vve not vvith ovvte cause loke for the botomlesse Ocean sea of infinite trobles miseries and myscheiffes to oâ— whelme the realme The vvhiche my mynde and harte abhorrethe to thincke vpon and my penne in my hande tremblethe to vvrite therof ⧠The ende of the seconde boke THE THYRDE BOOKE WHERE IN YS DECLARED that the regimente of whomen ys conformable to the lawe of God and nature ALBE yt good Reader you haue nowe hearde a conueniente and a sufficiente prouf so farre as the lawes of this realme maye serue for the right title claime of the Quene of Scotlande and so we might right well seame to haue fullie discharged our promisse and office Yet as the matter nowe fallethe owte especiallie yf we shall geue any creditt to an infamouse libell An infamouse lybell made lately against the Quene of Scottes or rather a fier brande of sedition late caste abrode all our coste ys for lorne all our trauaile imployed in vaine we muste begine a freshe for all this not withstandinge her right ys dowbtefull sayeth this man and suche as againste whiche ys iuste exception taken by the lawe of God and man Yt vvill neuer be proued by the lawe no not by her best frendes so will the crowne neuer be geauen het by iuste and common counsayle I meane not the consente of vnquiet spirites and brawlinge braines but of a greate nomber of them vvhiche are to be accompted amonge the beste for the loue of religion and of the common vvelthe Suerlye theis are iolye vvordes this ys confidentlie spoken But yet lett vs heare with all vvhat proufes this sober braynde man and so feruente a zelatour of religion and of the coÌ„mon welthe bringethe forthe for the auouchinge of his sturdye allegation What lawe what acte of parliamente what custome or vsage what auncieÌ„te recorde of historie of this realme dothe this man laye forthe for him self Suerlye none at all And as he layethe forthe not so muche as one Iote this waye so no doubte he shall neuer be able to laye forthe any thinge of like vveight as that that alredye ys aleaged No no good Reader this man goethe not by acte of parliamente nor by anye lawe of this realme nor what soeuer he speakethe of mans lawe for a braue countenance by ciuill or by any other humane lawe Thys extraordinarie wilye fellowe runethe an other race all theys lawes are but beggerlie baggage to him and argumentes of brawlinge braines This sober brayned man vvill not abase him self withe intermedlinge vvith so lavve matters but aspirethe and amowntethe a lofte and fetchethe a marvelouse hyghe fetche and reache aÌ„d beinge as yt were ghostlie rauisshed conteÌ„ninge as it seameth all humane lawes aÌ„d polices he makethe as yt were a plaine demurre vvith vs in lavve that We haue pleaded our matters all this while in a vvroÌ„ge courte For â—o this matter by this sober mannes iudgemente seameth not triable either in the Arches or coÌ„sistorye of Pawles by the Ciuill or CaÌ„noÌ„ lawe or in westimister hall by anye lavve or acte of ê‘liamente This plee must be onlie mainteined vvithe the recordes of holie scripture The authour of the same seamethe litle to regarde touchinge the successioÌ„ of the crowne anye lawe but holie scripture but of his owne sober braines interpretation onlie aÌ„d holden before him self and his newe erected tribunall furnisshed and adorned vvithe suche quiet and sober sprites as him self ys The infallable veritie the highe Maieste of the sacred scriptures I do most hartelye coÌ„fesse and most humblye reverence But yet yf ye will intrude your self to be the supreame arbitror and vmpier therof aÌ„d therebye wretâ—hedlie will abuse your self and others withe the promulginge from your nevve tribunall seate suche and so strange paradoxes and senteÌ„ces to the vtter overthrowinge of all humane policies and lavves yea to the presente and immineÌ„t danger of our ovvne maistresse and Quene as ye do we muste be so bolde to see vvhat vvarraÌ„te and coÌ„mission you haue and to examine well to vewe the same we muste buckle withe you aÌ„d trye whether the authoritie of holie scripture which ys your onelye refuge will vpholde and beare ovvte your strange and stowte coÌ„clusion The place then wher vpoÌ„ he growndeth him self ys this He grovndethe him self chefely vpon the 17. of Deut. Thowe shalt make him kiÌ„ge over the whoÌ„â—he lorde thy God shall chose froÌ„ amoÌ„ge thye bretherne him shallt thovve make a kinge amoÌ„ge theÌ„ From this aucthoritie he fetchethe owte all his highe mysticall suê‘naturall coÌ„clusioÌ„s and firste he excludeth the Quene of Scotland by cause she ys an Alien and not ex fratribus And therefore not chosen of God Wherevnto he addethe that the Kinge muste be suche as the people maye saye to him as the Israëlites saide to kinge Dauid 2. Sam. 5. Ecce os tuum caro tua nos sumus We are of one nation and bloude There vnto he adioynethe that yt ys assigned as one iuste cavvse Whye Athalia was turned owte of her kingdome by cause she vvas Alienigina 2 Reg. 11. an alien Maternum genus ducens a Tyrijs Sidonijs Theys nowe are all the proufes deduced by this maÌ„ owte of holye scripture for other hathe he none vvhye the Quene of Scottes beynge a stranger owght to be disherited aÌ„d reiected from all suche claime as she pÌ„teÌ„dethe to the crowne of Englande An answere tovchinge the 17. of Deut. Nowe for answere and firste to the 17. of Deuteronomie wherein as I will not quarell with you for the shrewde meaninge that perchance some man maye probablye gather owte of this treatise and small likinge that ye haue to the gouernemente proceadinge from succession onlye so I plainelye affirme firste that we are not bownde to the ceremoniall or iudiciall or other preceptes of the Iewishe lawe except the Decaloge farther then the churche or ciuill policie haue renewed and reuiued againe I saye then farther that thys aucthoritie of the Deuteronomye can not fittlye serue your purpose for that yt takethe place when the people chosethe a kinge and