they were much discouraged the Treasurer answered that he was not ignorant of the estate and condition of all such Englishmen as followed the king but for his part swearing a spanish oath or two he knew not any of them in regard of abilitie to doe the King seruice worth the straw that lay vnder his feet Moreouer at the verie time that the Duke of Parma lay at Bruges attending the Spanish fleet and making his preparations for England when our English pensioners expected as by all liklihood they might to be aboue others honored and aduanced they wer so far deceaued of their expectation that they were the onlie rejected contemned sort of all those that followed the court all other nations besides them beeing fauoured and releeued with some moneths paie And which is more whereas they mooued the Duke sundrie times to knowe his pleasure how hee would dispose of them in that enterprise telling him that vpon the wel vsing of them depēded much matter of importance as the winning of others of their kindred acquaintance and religion who vpon hope of like good vsage would be able to do great seruice at their landing whereas contrariwise seeing them come ouer so poore in shew without credite money or armes like lackies for so were the words of their request it would be a cause to discourage and withdraw their minds from the Kings seruice they were by the Duke scornfullie and with derision rejected neither did he vouchsafe to giue them anie other answere than onlie that he would think vpon it But on the night in which vpon the hurly burly and rumor of the approching of the Spanish navy they thought to imbark he departed towards Dunkerk leauing thē all behind as vnworthie to bee called vpon or taken with him Whereupon the Earle of Westmerland my Lord Paget and sundrie of the better sort made their complaint to the Duke of Pastrana the King of Spaines base sonne by whom they were as baselie and scornfullie handled as by the other Which euill intreatie wroght so great an apprehension in my Lord Paget that he retired himself to Brussels where what with the conceit of this grief and what with other accidents he shortly ended his life The truth of al this haue I learned of men of good credite and reputation professing the Romane religion together with much more concerning this purpose which for auoiding tediousnesse I omit the rather for that I am perswaded manie of themselues are alreadie acquainted therewith Whereby the professours of that religion may perceaue what fauour they ought to look for at the Spaniards hands if they should conquer the land seing that they beeing but in a vain hope and conceat of prosperous successe did so despise the principal English noble-men and others that were in their company They haue therefore just cause as well as al other English-men to feare the tyrannie of Spaniards and to acknowledge rather the King of Scotland for right lawfull successour to the croun as no doubt but they knowe him to be than the King of Spaine whom they know to haue but a late forged and farre sought title Let them call to minde how the moste honorable and best sort of Frenchemen of their own Religion after the last Kings death woulde not acknowledge anie other then the King nowe reigning albeit at that time hee professed a Religion different from theirs and that there wanted not manie Princes of the house of Bourbon and of the Romane religion whom they might haue acknowledged How much more than should Englishmen howsoever they be affected in religion acknowledge rather the King of Scotlād who hath the right of both the Royal families of York Lancaster being a friend to all our nation and a Prince at whose handes through their faithful and dutifull behauiour they may look for grace and fauour than submit themselues in a slanish maner to the King of Spaine betraying their countrie to the most cruell enemies thereof with apparent and manifest danger of incurring so manie greuous calamities as I haue alreadie rehearsed I need not exhort our own professours of the gospell not to trust the Spaniards mercie I only warne and wish them to vse the right remedy of preuenting the great mischief which they haue just cause to fear if the Spaniards should preuaile And that is no other than to acknowledge receiue in due time the King of Scotland for next lawfull successour to her Majestie For he being thus acknowledged the quarrell which the King of Spaine pursueth against vs partly for reuenge of supposed injuries and partlie for his pretended title will be either whollie remooued or at least wise greatlie weakned For with what pretence of justice can he go about to dispossesse the King of Scotland of his known right whom he may not challenge for anie injurie done hitherto by him to his father or to himself It is very likly also that his courage and desire of inuading vs will be much quailed by this conjunction whereby hee shall perceaue that our power and meanes to defend our selues and offend him wil be redoubled But if proudly and obstinatly he will persist in the prosecution of his vniust quarrell the vniustnesse thereof will become more notorious to the world And not onelie England and Scotland but also the King of Scotlands confederats and friendes wil with al their power and might ioine togeather to withstand his malice and ambition and to be auenged of so manifest an iniurie Besides these commodities which I haue hitherto rehearsed our common wealth shall receaue sundry other great benefits by the due acknowledgement and timelie admission of the King of Scotland The first whereof is that the dominion and power of the crown of England will bee greatlie increased by the ioining therunto of his Kingdome which diuerse of our Kings haue endeauored to bring to passe as well by mariage vvith the heires of the Kingdome of Scotland as by other meanes Neither is it to be feared that the honour and dignitie of this realme vvill be thereby anie vvise empaired as vvas vvell considered and for-seene by the most noble and wise king Henrie the seauenth For when his eldest daughter Lady Margaret was to be maried to Iames the fourth King of Scotland some of his counsell fore-casting that which might fall out and saying that if his issue male failed the croun might be deuolued to the said Lady Margaret he most wisely answered that incace any such deuolution should happen it would be nothing prejudiciall to England for that it beeing the principall and more worthie part of the Iland would draw Scotland to it as it did Normandie and Aquitain with other prouinces from the time of the conquest This was the judgement of that most worthie and prudent Prince concerning the conjunction of both countries wherein without doubt al wise men and such as loue the honour and publik weale of this Realme will aggree with him And truely by all
but rather great aduantage for that it would draw to it self the kingdome of Scotland as before it had done Normandie and Aquitaine with other prouinces the which answere gaue full satisfaction and contentment to the counsell The same answere also both in respect of the truth thereof and of the person that made it may justlie perswade vs that the admission of the King of Scotland to the croun is no wise vnlawfull or prejudiciall to the publique weale But besides all these reasons showing manifestlie that neither by anie maxime of the common Lawe nor by the wordes of the alledged statute nor yet by the practise and custome of our Realme an alien may bee repelled from succession to the kingdome when by right of blood it falleth to him there are other two reasons which in particular make for the King of Scotland The one reason is that Scottishmen are in our Chronicles accounted as subjectes by way of homage howsoeuer they denie it In respect whereof it seemeth that the auncient records making mention of seruice to be done within this Iland containe the frenche words Dens les quatre mers or the latine Infra quatuor maria within the foure seas in which bounds Scotland being within the North sea is comprised The other reason is that the former statute of king Edward the third is intituled Of them that are borne beyond the seas and that in the bodie of the same statute the doubt is mooued of children borne out of the alleageance of England beyond the seas whereby can not bee vnderstood Scotland it being a part of the same Iland By all which reasons the obiection of forraine birth is clearlie and sufficientlie auoided Wherefore I go on forward to the confutation of the pretended Testament of king Henrie the eight THE OBIECTION OF KING Henries pretended testament is confuted IN the 28 and 35. yeares of King Henries raigne vpon some doubt which then he himselfe seemed to haue about the order of succession in his owne children and for taking away all occasion of controuersie which after his death might arise thereupon the Parliament gaue authoritie to the king to debate and determine that matter himself wirh his learned counsell who best knew the lawes of the Realme titles that anie might haue to the croun and what succession he should declare as right lawful vnder his letters patents sealed or by his last will and testament lawfullie made and signed with his own hand that the same should be receaued for good and lawfull Vpon pretence whereof soone after the kings death there was shewed a will with the kings stamp at the same the names of diuerse witnesses wherin the succession of the croun after his own children was assigned to Ladie Frances and Ladie Eleonors successours who were neeces to the King by his youngest sister Which assignation being as it were a meere gift made to Frances and Eleonor in prejudice of his eldest sisters right was founde to bee against all law reason and nature and therefore not thought to proceed from so wise a Prince as king Henrie was but rather forged and the kings stamp set to by others either when he was past vnderstanding or after his death And heereof there want not most euident reasons and proofes First it is not credible that King Henrie would against lawe and justice disherite the line of his eldest sister and so giue occasion of ciuill and forrain wars especiallie seing in such a case of so apparent wrong in so great a matter hee might well fore-see that the authoritie of a Parliament would take little effect against the true lawfull inheritour as appeared not long before in Henrie the sixt Edward the fourth Richard the third In whose reignes diuerse and contrarie Parliaments made against the next inheritour held no longer with anie of them than while he was able to make his owne part good Secondlie there be manie incongruities and indignities in the said pretended will to proceed from such a Prince as King Henrie was For what can be more ridiculous than to giue the croune to Frances and Eleonors heires and not to themselues And yet by this Testament the sonne of Abraham Stokes who maried the same Frances after the death of her first husband the Marques of Dorset beeing but her owne seruant should haue claimed before her if he had had anie by her Of lyke absurditie is it that in the same Will the King is saide to binde his owne daughters to marie by direction of his counsell or otherwise to loose the benefite of succession whereas the daughters of his neeces Frances and Eleonor were not bound thereby to anie such conditioun Thirdlie there bee diuerse arguments alledged in law why this Will is not authenticall First for that it is not aggreable to the minde and meaning of the Parliament which intended onlie to giue authoritie for declaration of the true title and not for donation or intricating thereof Also for that there is no lawfull or authenticall copie extant of the same but onlie a bare inrolment in the Chancerie which is not sufficient in so waightie an affaire no witnesse of the priuie counsell or of the nobilitie to the same which could not haue wanted in so great a cause for the best of the witnesses therein named was Sir Iohn Gates whose miserable death is well knowne No publique notarie nor probation of the will before anie Bishop or anie lawfull court appointed for that purpose no examination of the witnesses or other things ordinarilie done for lawfull confirming of such a matter But of all other things this is of moste importance that the King neuer set his own hand to the foresaid Will but his stamp was set thereto by others either after his death or when hee was past remembrance which is confirmed by witnesses farre more worthie credite in respect of their degree and reputation than Sir Iohn Gates the others whose names were subscribed For first the Lord Paget in the beginning of Queene Maries daies being of her priuie counsell discouered the same of his owne accorde and vpon meere motion of conscience confessing before the whole counsell and after before the whole Parliament how that himself was priuie thervnto and partly also culpable being drawne thereto through the instigation forcible authoritie of others Also Sir Edward Montague Lord chief justice that had bene present and priuie to the same doings and one William Clerk that put the stamp to the paper confessed the whole premisses to be true Vpon which discouerie Queen Marie her counsel caused presentlie the said inrolment lying in the Chancerie to be cancelled defaced and abolished And since that time in hir Maiesties daies that now liueth about the 11. or 12. yeare of her reigne by occasiō of a certain book spred abroad at the same time verie secretlie for advancing of the house of Suffolke by pretence of this Testament the Duke of Norfolk the Marques of Winchester which
then was Treasurer the Earls of Arundel and Pembroke together with his sonne and my Lord of Lecester with others met together vpon that matter And after long conference about the foresaid pretended Will and manie proofes laid downe why it could not be true the olde Earle of Pembrok protesting that hee was with the King in his chamber from the first day of his sicknes to the last houre and that thereby he could assure them this pretended will to be false and counterfait at length by some of them it was mooued that from that place they should go with the rest of the Nobilitie and proclaime the Scottish Queene heire apparent in Cheapside And albeit for some causes to thēselues best known they proceeded not in publishing of the same yet my Lord of Pembrok now liuing can bear witnesse that this much is true that his father the olde Erle told him openly at that time before the noble men that he had brought him to that assembly to instruct him in the truth and charged him to witnesse the same to defend it also with his sword if neede required after his death The remembrance and due regard of which admonition as yet no doubt remaineth in the minde of that noble man All these reasons and proofes being more than sufficient to disproue this pretended Testament I proceed forward to the confutation of the third and last obiection THE ALLEDGED ACT OF ASSOciation is disprooued and vpon occasion offered thereby is declared the great force and prerogative of right by inheritance to the succession of a Kingdome THE third obiection which is an alledged act of association is vrged by a fugitiue and seditious traitour disguising himself vnder the name of Dolman in a conference which he hath published touching the Royal succession wherein going about to disprooue the right and titles of all such as are extract of the blood Royall since King Henrie the sixt and to currie fauour with the King of Spain and the Infanta by forging them titles and interest to the croun of England he sheweth himself most malitious against the King of Scotland aboue all others moouing doubts and surmises though full of notorious vanitie and falshood to bring his right in question to disgrace his person for that hee is assured nothing will so much ouerthwart the desire and purpose that he and his like haue of betraying their natiue countrie to the enemies thereof as the acknowledging accepting of the King of Scotland for right and lawfull inheritour to the croun But the onlie obiection which he auoucheth how shameles soeuer he be to be such as can not be aunswered is an act of association alledged by him to haue beene made in Parliament the 27. yeare of her Maiesties reigne containing these words That whosoeuer shal be conuinced to conspire attempt or procure the death of the Queen or to be priuie or accessarie to the same shall loose all right claime or actiō that the same parties or their heires haue or may haue to the croun of England Wherunto he addeth that vpon this statute the late Queene of Scotland being condemned and executed by authoritie of the saide Parliament it seemeth euident that this King who pretendeth al his right to the croun of England by his saide mother can haue none at all This is the somme of Dolmans obiection which is clearlie disprooued by the manifest vntruth of that which he alledgeth For neither any such act of Parliament hath euer bene made neither also is it true that the king hath no other right to the croun of Englād than by his mother for that hee may likewise justlie claime the same by his father as appeareth manifestlie by the descent of kindred set doun in the beginning of this treatise The ground whereon Dolman hath deuised his forged act of Parliament was an act or Instrument of association made by some Lordes of the counsell not long before the Scottish Queens arraignement wherin were contained certain promises to be made for the preseruation of the Queens Maiesties person by such as should subscribe therunto Among which promises one is That they shall neuer desist from all maner of forcible pursute to the vttermost extermination of all such persons or their abettors that shall by anie act counsell or consent doe anie thing that shall tend to the harme of her Maiesties Royall person And if anie such wicked attempt shal be taken in hand or procured whereby anie that haue may or shall pretend title to come to the croune by the vntimelie death of hir Maiestie so wickedlie procured may be advanced they bind themselues jointly and seuerallie neuer to accept allow or fauour anie such pretēded successor by whom or for whom any such detestable act shall be committed or attempted or anie that may any way claime by or from such a person or pretended successour This act of association being sent throughout the Realme to be with oath ratified and subscribed was by sundry men of honourable degree and good conscience thought so hard and wrongfull by reason of the clause concerning such as might claime by or from anie person culpable of anie attempt against her Maiesties person as they refused their oathes subscription therunto Wherevpon the next Parliament following an act was made limiting and restraining this penaltie and exclusion onelie to those pretenders By whom or by whose meanes assent or priuitie any inuasiō or rebellion shall bee had or made into or within anie of her Maiesties Realmes or dominions or any acte attempted tending to the hurt of hir Maiesties Royal person the same being first denounced by such a nūber of persons of such estate and in such manner as is expressed in the said act Wherunto is also added That if any such detestable act should be executed against her Maiesties person whereby her life should be taken away that then euerie such person by or for whom any such act should be executed and their issues beeing in anie wise assenting or priuie to the same should by vertue of this act be excluded dishabled for euer to haue or claime or to pretend to haue or claime the croun of this Realme or anie other her Maiesties Dominions This act of Parliament whereby the former act of counsell is limited restrained no wise debarreth the King of Scotland from the croun as euidentlie appeareth by that part thereof which I haue rehearsed and by the rest of the same act published among the other acts of that Parliament seeing he is free as the world knoweth from all suspition of anie wicked attempt against her Maiesties person and from al cōsent or priuitie therunto And trulie it is not credible that her Maiestie or the Parliament would go about to debarre him by any such act as is alledged by Dolman seing they may with reason perswade themselues that no such act would stay him from claiming pursuing his right nor such as are in England wel affected towards